Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 394, 396, 449 -- Test Identification Parade (TIP) - Dacoity - Incident occurred after mid night - Each of eye witnesses had suffered number of injuries, thus, every one of them had sufficient opportunity to observe accused to have an enduring impression of identity of assailants - Three eye witnesses seen..........
Arbitration and Conciliation Act, 1996, Section 16(2) -- Competence of Arbitral Tribunal - Jurisdiction of Tribunal - S.16(2) of the Act provides that objections with regard to Tribunal not having jurisdiction to adjudicate upon dispute should be submitted "before" filing of statement of defence - As per S.16(3) of the Act if any party is to raise an objection that..........
Arbitration and Conciliation Act, 1996, Section 16 -- Competency of Arbitral Tribunal - Petitioner not challenge order for nearly 21/2 years and in meanwhile without any protest whatsoever continued to voluntarily participate in proceedings before Tribunal - Only when final arguments in part had been heard by Tribunal petitioner choose to file instant petition to challenge..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 534 days in filing appeal against decree passed in Counter claim - Respondent has not approached Court with clean hands as he suppressed material facts, that too, deliberately and intentionally and thereby tried to gain an unfair advantage from the Court, that too, by casting serious allegations..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Claimants were employees of ONGC - Case of claimants that due to delay in sending their claims to LIC pursuant to scheme managed by Trust, they suffered a loss - Scheme is managed and run by a Trust and not by ONGC - There is virtually no privity of contract for providing service between ONGC and claimants - No..........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5, Article 116 -- Arbitration award - Petition u/s 34 dismissed - In preferring appeal, delay of 189 days from 90 days given under Art.116 of Limitation Act - In the period of 90 days grace period of 30 days by following Lachmeshwar Prasad Shukul case - Present delay beyond 120 days cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant/State of U.P though was tardy and could not ensure timely appearance, yet when concerned officials were made aware of pendency of suit and ex parte order, prompt steps were taken - Even plaintiff sought an adjournments at least on two occasions - In such circumstances, it cannot be..........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Factum of filing an application u/s 5 of Limitation Act for condonation of delay is an admission on part of petitioners that Execution petition filed by them was barred by limitation...........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 154 -- Gang rape - Delay in lodging FIR - Delay of 13 days in lodging FIR - Prosecutrix had narrated the incident not only to her husband and other relations but to local people also - She is a working lady and it cannot be said that she was unaware of necessity to set criminal law into..........
