Electricity Act, 2003, Section 125, 79, Civil Procedure Code, 1908, Order 41, Rule 22, Constitution of India, 1950, Article 12 -- Appeal - Condonation of delay - Declining to condone delay in preferring an appeal against order of CERC - Appellant entered into two Power Purchase Agreements - Failure of appellant in supplying electricity in second PPA agreement at settled..........
Criminal Procedure Code, 1973, Section 161 -- Delay in examination of witnesses by police - Depends upon various factors including preoccupation of I.O with other cases and no, availability of witnesses - Any delay in examination of witnesses during investigation cannot alone be a ground to discredit the witnesses if they are otherwise credible...........
Specific Relief Act, 1963, Section 28(1) -- Extension of time - Deposit of balance sale consideration - Suit for specific performance decreed in favour of purchaser with direction to deposit the balance sale amount within one month failing which suit would be deemed to be dismissed - Purchaser failed to deposit the amount within the said period and further two months time..........
Evidence Act, 1872, Section 9 -- Test identification parade - Petitioners were not known to complainant as well as witnesses prior to incident - Complainant in his complaint named only four persons though later he named the petitioners in his statement u/s 161 Cr.P.C - Case of petitioners is different from accused persons as accused persons are absconding and possibility..........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance - Re-examination - Discretion to recall and examine the witness can be exercised at any stage of enquiry, trial or other proceedings - Mere delay in filing application is no ground at all to decline request of applicant if it satisfies the conditions provided in S.311 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Prosecution failed to explain as to why there was delay of 12 hours in recording statement of official witnesses - Material witness not examined by prosecution - I.O. has not even prepared the spot map - Contradictions in the..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Can be sought before taking of cognizance or at the time of taking cognizance and not after that - In the instant case Magistrate took cognizance and application for condonation of delay filed after 1 year and 8 months of taking cognizance..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in making application is not a sole ground for refusal of amendment - Court at this stage cannot go into truth and falsity and maintainability of suit - Merits and demerits of case are not to be examined at the stage of deciding amendment application...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was missing from home but FIR was lodged almost after expiry of 11 days - No explanation offered for such delay - Recovery of prosecutrix by his brother and friends also creates a cloud of suspicion as the person who informed brother of prosecutrix that his sister was at his place, not..........
Indian Penal Code, 1860, Section 376 - - Rape - Of a girl aged 16 years 3 months, without her consent - Delay in lodging FIR properly explained as prosecutrix did not inform the incident immediately and waited for 2 weeks to disclose to her mother as accused had taken her photographs and recorded her talk on mobile and threatened her from raising any kind of alarm -..........
