Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - Quashing of complaint - Compliant filed after delay of 16 years - Though complainant stood convicted in cross case but he did not even bother to seek simultaneous trial of cross case - Having regard to nature of allegations and entirety of circumstances, it would be unfair and unjust to permit complainant to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of 30 bags of poppy husk - Samples not sent to chemical examiner within 72 hours - Mere fact that samples were not sent to Chemical Examiner within 72 hours would not be case of unnecessary delay as samples were received in sealed intact condition - None of the rights of appellants infringed in..........
Land Acquisition Act, 1894, Section 11A -- Land acquisition - Delay in passing award - Since award u/s 11 of Land Acquisition Act is not made despite passage of almost three decades, acquisition of land set aside for no, compliance of provision of S.11A of the Act - Government has to keep possession of land provided it acquires land with a new notification u/s 4 of Land..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Death by hanging - Delay in lodging FIR properly explained - No specific allegation of harassment of deceased by accused, much less harassment involving physical or mental torture by positive acts - Prosecution failed to establish that demands made by accused had a reasonable connection with death of deceased - No evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 313.250 kg ganja - Search and seizure not conducted complying with the provisions of law - Delay in lodging FIR - Seizure of ganja was not proved as ten packets of ganja recovered from the possession of accused but it is impossible for accused to carry 10 packets of 15 kg. each in his..........
Criminal Procedure Code, 1973, Section 164A -- Medical examination - Rape victim - Two common reasons for negative wet smear in victims of sexual assault are: (i) delay in taking the samples, due to late reporting; and (ii) Washing of genitals...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within stipulated time - Extension of time - Explanation rendered for delay in filing written statement neither mala fide not improbable and is a plausible explanation - Delay in filing written statement condoned...........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay of 6 days in receiving FIR by Magistrate - No explanation of said delay made available by prosecution either in the form of oral evidence or documentary evidence - Said delay is fatal to prosecution case...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of defendants and son of late marginal witness of Will - Delay in filing application - Marginal witness of Will in question died - It is necessary to examine son of marginal witness who could depose about signatures of his late father - Application cannot be dismissed merely on the ground of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Not a ground to refuse amendment if amendment is sought prior to commencement of trial...........
