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Showing posts with label delay. Show all posts
Showing posts with label delay. Show all posts
Thursday, 2 May 2024

Whether the court should grant bail in the case of offences under NDPS Act on the ground of delay?

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 As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent – State has been duly heard. T...
Wednesday, 26 October 2022

Under which circumstances the court can refuse to implead purchaser of immovable property to continue suit for specific performance of contract?

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  The High Court was not right in holding that mere alleged transfer/assignment of the agreement would be sufficient to grant leave to Respo...
Sunday, 13 February 2022

Can an arbitrator grant compensation if there is a delay by one party even in the absence of an escalation clause?

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Reliance is placed on National Building Construction Corporation v.  Decor India Pvt. Ltd. (2004) SCC OnLine Del 243. , wherein this Court h...
Sunday, 21 November 2021

Whether Departmental enquiry is vitiated if there is a delay in conducting it?

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The Tribunal purportedly did so on the basis that prejudice had been caused to the first respondent by the denial of an opportunity for depu...

What is distinction between acquiescence and Laches?

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  Laches unlike limitation is flexible. However, both limitation and laches destroy the remedy but not the right. Laches like acquiescence i...
Sunday, 19 September 2021

Whether delay in conduct of test identification parade is fatal to prosecution case?

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   It may be mentioned that in the case of Pramod Mandal v/s. State of Bihar (2204) 13 SCC 150, the Apex Court has held that “ It is  neithe...
Saturday, 23 May 2020

How Maxim 'Nemo punitur pro alieno delicto' is applicable to departmental enquiry?

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It is seen that the marriage between the respondent/petitioner and one Chinnasamy, who is also employed in the Revenue Department as an As...
Saturday, 11 April 2020

Whether the court can dismiss a suit for specific performance of contract filed within limitation on the ground of delay?

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  In the aforesaid circumstances, the High Court was also incorrect in putting a short delay in filing the Suit against the Plaintiff to s...
Sunday, 8 December 2019

Whether it is mandatory for court to hear accused before directing further investigation?

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The question raised by the accused regarding summoning of the investigating officer by the trial court under  section 173(8)  of Cr.P.C. i...
Tuesday, 12 November 2019

Whether readiness and willingness of plaintiff in suit for specific performance of contract can be inferred even if there is delay in filing of suit?

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The High Court order is not correct in stating that readiness and willingness cannot be inferred because the letters dated 18.12.2002 and ...
Monday, 8 April 2019

Supreme court deprecated delay in disposal of bail application/ Suspension of sentence

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We have perused the record and we are unable to comprehend as to why so many adjournments were granted in an application for suspension o...
Thursday, 21 March 2019

Supreme Court: Right to speedy investigation is fundamental right

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 It is not necessary to refer to all the decisions of this Court articulating the mandate of the Constitution that there is implicit right...
Sunday, 24 February 2019

Whether preliminary decree for partition can be executed after delay of thirty years?

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Only question raised in the present appeal is with respect to the limitation for execution of preliminary decree for partition. In the ins...
Tuesday, 19 February 2019

Whether court should permit filing of written statement even after delay of twelve years?

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It is true that there is inordinate and enormous delay of 12 years. The reason given therefor also may not be strictly speaking sufficient...
Wednesday, 6 February 2019

Whether court should appoint substitute arbitrator if there is delay in passing of arbitration award?

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 It is true that there was some delay in passing the award. However, between 2011 and 2013, the respondent has not filed any applicatio...
Saturday, 10 November 2018

Whether clerical error can be corrected after delay of twenty five years?

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 We are also not satisfied with the delay by the Respondents in making a claim Under Section 87 of the Act. The contention of the Responde...
Sunday, 29 July 2018

Whether claimant can be granted escalation charges proportionate to delay caused by other side?

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This will require the Court to consider the additional plea urged on behalf of the Plaintiff, namely, that the High Court was not justifie...
Wednesday, 27 June 2018

Whether court can permit third party to be added as party in the suit?

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Much water has been flown under the bridge after the decision is rendered. After this judgment, in 1977, amendment was brought to the Code...
Sunday, 31 December 2017

Whether inordinate delay in providing information under right to information Act amounts to harassment?

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  Further, Commission is convinced with the averment of the Appellant for having suffered gross detriment due to the delay of over 2 yea...
Wednesday, 27 December 2017

How to appreciate evidence if there is delay in taking of test identification parade?

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The value to be attached to a test identification parade depends on the facts and circumstances of each case and no hard-and-fast Rule can...