Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition can be filed u/s 482 Cr.P.C for quashing of charge sheet even before framing of charges and it would not be in the interest of justice to reject the application merely on the ground that accused concerned could argue legal and factual issues at the time of framing of charges...........
Criminal trial -- Rejection of bail application and fixing time bound schedule for conclusion of trials - If in a given case, in law and on facts, an accused is entitled to bail on the ground of long incarceration without trial making any progress, Court must grant bail - Option of expediating trial is not the solution...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 479 -- Bail to under trials - When offences are different as well as when more number of cases are registered against petitioner, he cannot invoke proviso u/s 479 BNSS seeking the relief on the ground of one third punishment even if it is considered, maximum punishment he has already underwent...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 479, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PMLA - Merely because petitioner is in custody from past two years seven months cannot be a ground to enlarge petitioner on bail when PMLA offence is invoked and charges leveled against him is committing fraud to the tune of Rs.1,553 Crores..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Condonation of delay of 4-1/2 years - Mere fact that lawyer was careless or negligent that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings..........
Constitution of India, 1950, Article 226 -- Award of Lok Adalat - Challenged on the ground of fraud - Petitioner cannot be non-suited at the threshold on the ground of delay or laches...........
Constitution of India, 1950, Article 226 -- Award of Lok Adalat - Challenged on the ground of fraud - Petitioner is a third party to award - Third party can assail an award by way of writ petition, if special circumstances are made out...........
Constitution of India, 1950, Article 226 -- Award of Lok Adalat - Challenged on the ground of fraud - Grounds of fraud would have to be pleaded and proved before Court by way of cogent evidence - This cannot be done in proceedings initiated u/art 226 of Constitution - Moreover, petitioner already filed an application U.O.21.R.58 CPC - Writ petition dismissed while leaving..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Mere fact that lawyer was careless or negligent, that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings pending in the Court initiated at his instance...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Prayer for quashing of FIR cannot be rejected only on the ground that the same has not been challenged at the inception...........
