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IPC, S. 84 – Where Exception under Sec.84 is claimed

Limitation Act, S. 5 – Government departments are under a special obligation to ensure that they perform their duties with diligence and commitment

CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case

Environment law – Principles enunciated  –  Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits –  After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Angoori Devi v. Smt. Satya Bhama, 2016 PLRonline 0104

Vardhman Holdings Ltd. v. Ranbir Singh, 2014 PLRonline 0203

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

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IPC, S. 84 – Where Exception under Sec.84 is claimed

Land Acquisition Act, 1894, Section 28-A –Executing court allowed compensation as payable to other land holders

IPC S. 302 - Common intention

Home CIVIL Limitation Act, 1963

Limitation Act, S. 5 – Government departments are under a special obligation to ensure that they perform their duties with diligence and commitment

by PLRonline
in Limitation Act, 1963
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Government departments are under a special obligation to ensure that they perform their duties with diligence and commitment

“29. In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bona fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for the government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few.

30. Considering the fact that there was no proper explanation offered by the Department for the delay except mentioning of various dates, according to us, the Department has miserably failed to give any acceptable and cogent reasons sufficient to condone such a huge delay. Accordingly, the appeals are liable to be dismissed on the ground of delay.”

2012 SCeJ 006

Tags: limitation act S. 5

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