Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Deceased died due to stab wound caused on his back side with intention of causing death - Medical & ocular evidence shows that knife was actually used to cause serious injuries to deceased - Recovery of live bullets and one spent cartridge corroborates that fire-arm was also used -..........
Criminal Procedure Code, 1973, Section 161 -- Examination of witness - Delayed examination - No question put to investigating officer on delayed examination - Contention of delay in recording statement u/s 161 Cr.P.C., therefore not tenable - As mere delay in examining a witness does not make his evidence unreliable...........
Agreement to sell -- Specific performance - Suit barred by limitation - Long delay of 15 years in presenting the suit - In such circumstances, it matters little that execution of agreement and readiness and willingness on the part of plaintiff to perform his part of contract is proved...........
Agreement to sell -- Specific performance - Suit barred by limitation - Fifteen years of inactivity of plaintiff and unexplained delay of eight years after sanctioning of mutation of inheritance in the name of defendant, in presenting the suit - Nothing on record to assure the Court that plaintiff was diligent in keeping abreast of his rights - Suit barred without any..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Stage - Board of Revenue without assigning any reason to explain the delay in filing the documents and considering why documents are necessary for proper disposal of case, allowed the application for additional evidence - Applicability of O.41.R.27 CPC to the proceedings under U.P. Land..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Delay - No application for condonation of delay filed - When there is no due service of summons then there is no delay in filing the application...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 10 days in filing complaint u/s 138 of the Act - Condonation - Complainant issued statutory notice to accused which was received by her on 5.09.2005 - On receipt of notice, accused sent reply notice on 26.09.2005 - Thereafter, complainant was bed ridden due to some serious ailment - Even,..........
Monopolies and Restrictive Trade Practices Act, 1969, Section 10, 36A -- Unfair trade practices - Question as to reasonableness of rate of interest payable on refund of registration amount - Respondent deposited registration amount in a scheme of DDA for allocation of self-financing society flats - Respondent sought refund @15% for default/delay on ground that allotment of..........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay in sending FIR to Court - May provide basis for suspicion that FIR was recorded much later to set up a distorted version - But the delay in sending FIR to Court does not dislodge the other evidence...........
Central Excise Act, 1944, Section 35E(4), 35E(3) -- Proviso to S.35E(3) of the Act - Orders of Adjudicating Officer - Review - Condonation of delay - Tribunal has ample power to condone the delay in filling appeal including the one filed u/s 35E(4) of the Act - Period which can be condoned in relation to filling of appeal u/s 35E(4) of the Act would include period availed..........
