Search Results for "inordinate delay"

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High Court Dismisses Petition Challenging Land Acquisition After 38 Years, Citing Delay and Laches. Petition Barred by Inordinate Delay – Abuse of Process of Law – Maharashtra Industrial Development Act, 1961 – Article 226 of the Constitution of India

Delay and Laches: The Court held that a petition filed after an inordinate delay, without any justification, is barred by the principles of delay and ...

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Bombay High Court Dismissed Writ Petition Due to Delay and Laches in Seeking Reinstatement of Employment. Court Held That Stale and Time-Barred Claims Cannot Be Revived by Repeated Representations

Constitution of India, Article 226 — Writ of Mandamus — Dismissed — Claim for Reinstatement After 27 Years — Petitioner’s Delay and Laches i...

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Conviction under Section 376 and Section 323 of the Indian Penal Code, 1860 – Affirmed by the Supreme Court – Delay in FIR not fatal – Sole testimony of prosecutrix trustworthy.

Sole testimony of the prosecutrix, if trustworthy, is sufficient for conviction. (Para 10) Absence of injuries does not automatically negate rape alle...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court of India set aside the High Court’s conviction and life sentence under Section 302 of the Indian Penal Code, 1860 (‘IPC’), granting acquittal due to inconsistent dying declarations and lack of corroborative evidence.

Supreme Court of India – Acquittal Granted, Benefit of Doubt Extended a) Inconsistent dying declarations require corroboration (Para 12-14) b) ...

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Reservation Lapse Under MRTP Act: Supreme Court Declares Land Free After 33 Years of Inaction. Supreme Court Invokes Article 142 to Do Complete Justice in Land Reservation Case

The Supreme Court held that the reservation of the land had lapsed under both Section 49(7) and Section 127 of the MRTP Act due to the failure of the ...

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Supreme Court Reinstates Conviction in Wife’s Murder Case, Overturns High Court’s Acquittal. Tagline Child Witness’s Testimony Deemed Reliable; Circumstantial Evidence and Accused’s Silence Under Section 106 of Evidence Act Seal Conviction

Child Witness : Competency, Tutoring, Corroboration-The Supreme Court held that the testimony of a child witness is admissible if the child is c...

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Supreme Court Sets Precedent on Pension Entitlement for Job Contract Employees in Odisha. Addressing Procedural Lapses and Upholding Pension Rights – Supreme Court Intervenes Despite Delay in Appeals.

Acts and Sections Discussed: Constitution of India, Article 14 – Equality before Law Odisha Civil Services (Pension) Rules, 1992 – Rule ...

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Bombay High Court Quashes Order Condoning Delay of Over 9 Years in Seeking Recall of Withdrawal of Suit

High Court Observed – Application for Condonation of Delay Lacked Bona Fide and Sufficiency of Cause (Para 25) The High Court quashed and set aside...