Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
Equity -- Delay defeats equity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Condonation of delay in filing revision - Delay of 2131 days in filing revision - No sufficient cause has been made out for such delay in application - Accused has already undergone approximately 7 months - No cause therefore is made out to condone inordinate delay - Application for..........
Consumer Protection Act, 1986, Section 23 -- Accident - Insurance claim - Damage to truck - Delay in lodging FIR - FIR was lodged within 3 days of accident - In case of major accident where said truck had turned turtle and fallen into a river, slight delay if any on part of traumatized driver to lodge FIR, cannot defeat legitimate claim of insured - Moreover, it is..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with regard to boundaries in the schedule of plaint - Plaintiff should have been more careful and more diligent in incorporating the correct schedule of the boundaries to the suit schedule properties at the time of filing the suit or prior to commencement of trial -..........
Indian Penal Code, 1860, Section 302 -- Murder - Defective investigation - No last seen evidence of any person with the deceased was gathered - Character of accused and his relation with deceased was also material but that too was not gathered promptly - There was extraordinary delay in recording statement of witnesses - Investigating officer after registering the FIR did..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - Mere delay in lodging of the report may not by itself be fatal to the case of the prosecution, but the delay has to be considered in the background of the facts and circumstances in each case - Unexplained delay in registering the FIR will adversely effects..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Mere filing of appeal does not operate as stay of execution - Appellate Court can grant stay of execution for sufficient cause and that if stay is not granted party will suffer substantial loss - Stay can be granted when application is filed without unreasonable delay and security is..........
Criminal Procedure Code, 1973, Section 157 -- Delay in compliance of S.157 Cr.P.C. - By itself not a good ground to acquit accused...........
Criminal Procedure Code, 1973, Section 157(1) -- Delay in sending FIR to Magistrate - Mere delay in dispatching report u/s 157 Cr.P.C does not by itself invalidate an investigation - Delay coupled with other factors would definitely have a bearing on impartiality or otherwise of investigation...........
