Criminal Procedure Code, 1973, Section 473 -- Cognizance - Limitation - Taking cognizance after expiry of period of limitation, if it satisfied on facts and in circumstances of case that delay has been properly explained and that is necessary to do in interest of justice and considering that it will be expedient in interest of justice also to determine with regard to issue..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f), 506 -- Delayed FIR - Rape of minor girl aged 9 years by her uncle - Delay of 3 days in lodging FIR by PW1 after eliciting information from her daughter - Inconsequential as it is not easy to lodge complaint of this nature exposing prosecutrix to risk of social stigma, particularly when..........
Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of minor girl aged 9 years by her uncle - Delay in reporting the matter to police - Not fatal where prosecutrix was threatened not to disclose the incident to anybody, more particularly, a nine year old child after undergoing traumatic experience and inflicted with threats, would be frozen with fear and she could not..........
Indian Penal Code, 1860, Section 307, 326, 457 -- Offence u/ss 307, 326, 457 IPC - Delay in filing of FIR - Informant being guardian of two injured persons was busy in attending both of them in the hospital on critical conditions - Such delay in filing of FIR is not doubtful...........
Legal Services Authorities Act, 1987, Section 22C -- Insurance - Theft of vehicle - I.O. could not trace stolen vehicle and filed untraced report - However, before filing untraced report insurance company was informed about incident - No intentional delay on part of respondent in intimating insurance company regarding theft of insured vehicle - Insurance company ignored..........
Consumer Protection Act, 1986, Section 14(1)(d) -- Deficiency of services - Compensation - Plot - Allotment of plot - Delay in delivery of possession - Compensation towards escalation in cost of construction - Allotment of plot in 1989 but possession given in 2000 - Construction started in 2006 - Award of Rs.15 lakhs towards escalation in the cost of construction as..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of decree in question...........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19 -- Condonation of delay - Counter claim - Barred by limitation cannot be entertained by condonation of delay - However, finding that counter-claim placed 3 years after filing of original application would ipso facto be barred by limitation is ex-facie..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Conduct of complainant creates a specific doubt on prosecution version, as delay of 26 days in submitting the application wherein allegations raised against accused for the first time and other family members are not explained - More so, complainant deposed before Court that relations between deceased..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration and delay condonation application - Both the applications can be heard simultaneously but restoration application cannot be allowed without delay being condoned...........
