Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Non release of electric connection - Approach to Lok Adalat after a period of more than 18 years - Non release of electricity connection is a recurring cause of action as tubewell would not run without electric connection - Delay not a ground for rejecting the application u/s 22-C of the Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay condonation application not to be dismissed merely on the ground that delay was too long - Criteria for acceptance or rejection of explanation for delay rests on the bona fides of factual explanation offered by applicant...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 789 days in filing appeal - Sufficient cause - Explanation offered by petitioner that on account of his migration to other State he could not meet his counsel within time and failed to file the appeal is not bona fide - More so, participation of petitioner in final decree proceedings exposes falsity of his..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte proceedings - Setting aside - Where vital rights to an immovable property are involved, negligence is not such that it cannot be condoned by making payment of costs to plaintiff considering that valuable rights in an immovable property is involved and the period of non appearance an delay is only of around four months..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder - Cruelty - Family members of deceased are alleged eye witnesses but they neither tried to stop/nab the accused nor made attempt to inform the police immediately - Delay in lodging FIR totally unexplained - No evidence on record that at the time of incident accused was residing in the house of complainant and fled away..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 60 kgs poppy husk - Delay in sending samples to FSL - Once it is proved that seals were intact and there was no tampering, delay in sending samples to FSL does not prove fatal to prosecution case...........
Evidence Act, 1872, Section 138, 146, 148 -- Cross examination - Refusal to allow questions at the time of cross examination can only be justified if Court comes to conclusion that questions are : (i) inter-alia those which a party can not be forced to answer; (ii) patently erroneous; (iii) put to delay the proceedings; (iv) for oblique purpose or (v) have no nexus with..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Delay in attending the patient - Merely on account of alleged delay by petitioner in attending patient in absence of material on record that delay is sole reason for death of patient, petitioner cannot be held to be gross negligent requiring prosecution for commission of offence u/s 304-A IPC...........
Criminal Procedure Code, 1973, Section 482, 468 -- Quashing of proceeding - Cases covered by statutory bar of limitation may be liable to be quashed without any further enquiry - But cases not covered by statutory bar can be quashed on the ground of delay in filing criminal complaint in appropriate cases as there is violation of right of speedy trial u/art 21 of..........
Criminal Procedure Code, 1973, Section 482, 468 -- Quashing of proceeding - Bar by limitation - Mere delay in completion of proceedings may not be by itself a ground to quash proceedings where offences are serious, but Court having regard to conduct of parties, nature of offence and extent of delay in facts and circumstances of a given case, quash the proceedings in..........
