Agreement to sell -- Specific performance - Delay and laches - Mere delay by itself, without more, cannot be sole factor to deny specific performance...........
Agreement to sell -- Specific performance - Delay and laches - Suit for specific performance filed within limitation cannot be dismissed on sole ground of delay or laches - However, an exception to this rule is where immovable property is to be sold within a certain period, time being of essence and it is found that owing to some default on part of plaintiff, sale could..........
Agreement to sell -- Specific performance - Delay and laches - Once suit for specific performance is filed, any delay as a result of Court process cannot be put against plaintiff as a matter of law in decreeing specific performance - However, it is within discretion of Court, regard being had to facts of each case, as to whether some additional amount ought or ought not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22 -- Recovery of charas - Appeal against conviction - Accused acquitted for following reasons: (i) prosecution not produced evidence to prove that recovered contraband was kept intact in malkhana from alleged date of its recovery; (ii) personal search of accused not conducted before a Magistrate or any..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1885 days in seeking setting aside ex parte decree - Matrimonial case - Affidavit supporting petition to condone delay devoid of any material particulars - Though, husband stated that he was under treatment for mental illness, but dates of alleged treatment if..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Dismissal of appeal after accepting request for withdrawal of application for condonation of delay - Withdrawal of application for condonation of delay by counsel of appellant was against the interest of appellant, as it attached finality to judgment of conviction thereby leaving no remedy for..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement of suit - When each of application bring forth a sound explication for the occurrence of the apposite delay thereupon after condoning the apposite delay this Court deems it fit to set aside the order of, abatement of the appeal - Orders for substitution of the deceased by his LRs being made in the array of..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between prosecutrix and accused - Accused did not make any false promise or intentional misrepresentation of marriage leading to establishment of physical relationship between parties - Both the parties belong to different religion and prosecutrix herself aware of obstacles in their..........
Companies Act, 2013, Section 421(3) -- Condonation of delay in filing appeal - Appeal against order of National Company Law Tribunal (NCLT) - Period of limitation of 45 days prescribed in S.421(3) of the Act, would start running only from date on which a copy of order of Tribunal is made available to person aggrieved - However, appellants chose to apply for a certified..........
Land Acquisition Act, 1894, Section 4(1), Constitution of India, 1950, Article 226 -- Acquisition of land - Writ petition - Delay and lashes - Notification was issued in the year 1994 and till date no steps have been taken by Housing Board and therefore, question of delay and laches will not come in way of appellants - Otherwise also, appellants on an erroneous advice have..........
