Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 979 days in filing application for setting aside ex parte divorce decree - Wife was not properly served in the divorce petition - Acknowledgement card showing wife was served with some notice is not supported by an affidavit of service - Matter..........
Civil Procedure Code, 1908, Section 25 -- Writ petition - Transfer of petition from Telangana High Court to High Court of Delhi - Delay in disposal - Petition cannot be transferred from one Court to another on sole ground of delay in disposal...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of grandparents of child - Application for custody of child filed by mother - Mother of child stated that she was thrown out of matrimonial home - There is bitterness in relationships between father and mother of child and also petitioners - Effort on part of petitioners in connivance with father of..........
Criminal trial -- Condonation of delay - Delay in filing appeal against conviction - Where life and liberty of a person is in question, one right of appeal has always been accepted and appropriate steps must be taken to effectuate that right - Considerations on account of delay and limitation ought not to negate right of appeal of accused...........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further cross-examination - Dishonour of cheque - Accused stated that further cross-examination of complainant was warranted for new documents which were put by complainant to DWs - However, no endeavour made to substantiate as to which documents accused wishes to put to complainant - Complainant is a..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Plea of false implication and delay of about 7 months in approaching police are not much relevant while deciding a petition for grant of pre-arrest bail, as such grounds may have some merit and significance while determining guilt of accused during trial...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Late production of documents - Application to take on record documents pertaining to allotment of Flat, filed at the stage when case was fixed plaintiff plaintiff's rebuttal - No reason either in application or from submissions for inordinate delay in moving application - Application filed with extraneous..........
Criminal trial -- Delay of 1-1/2 months in recording statements of prime eye witnesses - Not the case of prosecution that those eye-witnesses were not traceable - Failure of investigating agency to act promptly and record statements of Eye-witnesses without any unreasonable delay, casts doubt on the veracity of prosecution and seriously affects the credibility of..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Testimony of eye witnesses - Complainant turned hostile - Even two eye witnesses, PW10 & PW11 also declared hostile - Statements of eye witnesses recorded after inordinate delay, for which no plausible or reasonable explanation is given by I.O in his deposition before trial Court - Recording of statement of main eye..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Petitioner was out of reach of police for about 27 years - He was in the same area and avoided his arrest and managed affairs in such a manner for 27 years - Petitioner was declared PO and was arrested in 1990 - There is possibility that petitioner had been..........
