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...........
Consumer Protection Act, 1986, Section 12 -- Revision - Delay - Condonation - Explanation - Delay of 230 days in filing revision explained by bank that bank had to seek permission to file revision as matter had to be processed at various levels - Cannot be said not sufficiently explained for the purpose of condonation of delay - Delay condoned...........
Evidence Act, 1872, Section 3, 137 -- Testimony recorded after recall, giving clean chit to accused - Original version exact and faithful factual narration - Second version after a long delay, a coloured and incorrect version, which is given because of social and economic pressures - Held, second version, which is belated in point of time, should not be accepted and has to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Inordinate long delay of 536 & 542 days in filing review petitions - Court has no power to extend the period of limitation on equitable grounds - No sufficient cause was shown by petitioner condoning inordinately long delay - Plea of petitioner that review petitions are filed within 30 days from earlier review..........
Criminal Procedure Code, 1973, Section 473 -- Limitation - Extension of time - Limitation can be extended in two circumstances, viz. (i) when delay occasioned is appropriately explained; and (ii) when it is necessary to do so in the interest of justice...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transfer pendente lite - Impleadment - Suit for specific performance - Impleadment of subsequent transferee is necessary for effective and complete adjudication and to settle all questions involved in the suit - No doubt impleadment at this stage would cause delay but ends of justice would be adequately met in case suit is..........
Indian Penal Code, 1860, Section 364, 302, 201, Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Conviction u/s 302 IPC reversed by High Court as (i) Motive not proved; (ii) Presence of eye-witnesses appeared to be matter of chance; (iii) FIR reached the jurisdictional Magistrate after delay of two days - No interference warranted...........
Indian Penal Code, 1860, Section 304, 34 -- Culpable homicide not amounting to murder - Appeal against acquittal - Leave to appeal - Complaint filed by wife of deceased after delay of 7 months of occurrence - No explanation for such delay - Eye witnesses introduced for the first time after 13 months of occurrence - Eye witnesses stated that deceased died due to injuries..........
