Limitation Act, 1963, Section 5 -- Condonation of delay - Petitioner has to depend on the legal advice of counsel as she is an illiterate rustic villager residing in a remote locality of a village - When villagers are surrounded by so many typical circumstances, delay of three months makes no difference - Matter should not be thrown out on the ground of delay by scuttling..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(i) -- Recovery of 6 kg ganja - Independent witnesses not supported seizure made by PW7 - No evidence on record to show that articles seized from possession of accused were kept in police malkhana and in safe custody in police station - There is no evidence that in whose custody bulk in attache..........
Indian Penal Code, 1860, Section 354, 454 -- Outraging modesty of women - Delay in filing FIR - Husband of prosecutrix was out of station at the time of occurrence - FIR lodged immediately on next day of occurrence when husband of prosecutrix came back and prosecutrix narrated the entire occurrence to her husband - Delay of lodging FIR, held, satisfactorily explained...........
Limitation Act, 1963, Section 14 -- Exclusion of time - Appellant at no point of time has taken up a plea based on S.14 of Act - However, in an application for condonation of delay appellant contended that he was pursuing remedy before another appellate forum which ought to be excluded - Neither there was any negligence, lapse or inaction nor it was to delay proceedings to..........
Limitation Act, 1963, Section 14 -- Exclusion of time - S.14 of Act, which is based on advancing the cause of justice would certainly apply to exclude time taken in prosecuting proceedings which are bona fide and with due diligence pursued, which ultimately end without a decision on the merits of case - In such case, there is no question of condonation of delay...........
Limitation Act, 1963, Section 14, Customs Act, 1962, Section 128 -- Exclusion of time - Time taken in prosecuting an abortive proceeding would have to be excluded as the appellant was prosecuting bona fide with due diligence the appeal before CEGAT which was allowed in its favour by CEGAT though the same is dismissed as the CEGAT had no jurisdiction to entertain such..........
Indian Penal Code, 1860, Section 302 -- Murder - Commutation of death sentence to life imprisonment - Murder of five relatives of rape victim - Death sentence - Mercy petition rejected after 13 years and 5 month by President - Undue, inordinate & unexplained delay in disposal of mercy petition confers a right on condemned prisoner to get his death sentence commuted to life..........
Criminal trial -- Eye witness - Disclosure of names of accused persons - Name of accused be disclosed without any delay and that too in the first instance by any eye witness - Nonetheless no fetish can be made out of such a rule and a witness who is otherwise reliable cannot be ignored merely because of such non disclosure by him at an early point of time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of opium - Delay in sending samples - Seized articles were not sent immediately for chemical examination - However, FSL report states that a letter along with a sealed packet was received with seals intact and the description of case number and impression of seal having been fixed on memo of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Amendment can be permitted even if there is substantial delay in filing such an application as the end purpose is that substantial justice must be rendered to the parties - However, the embargo placed in the proviso to O.6.R.17 CPC cannot be overlooked...........
