Delay

Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint (SC-18/05/2023)

15 min read

Criminal Procedure Code 1973

Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint (SC-18/05/2023)

Quashing of a criminal complaint-The complaint filed by the respondent-complainant after an inordinate unexplained delay of eight years was nothing but sheer misuse and abuse of the process of law to settle the personal scores with the appellants, and...

The Law’s Delay -Samuel Williams Cooper (1890)

8 min read

Sociology

The Law’s Delay -Samuel Williams Cooper (1890)

Judicial procrastination is without doubt a great fault, but the public do not plead for haste in the matter of the adjustment of their rights they do not complain of slow work but of the long pauses when no...

20 min read

Law Commission of India Report

Proposal for division of supreme court into a constitution court and four appeal courts in India

As constitutional adjudication occupies a place of its own, it always merits consideration as to whether there should be a separate constitutional court, as is the position in about 55 countries of the world (Austria established the world’s first...

Delay and Laches:

3 min read

Judicial Dictionary

Delay and Laches:

Doctrine of laches in Courts of Equity is not an arbitrary or a technical doctrine

Delay in Despatch of FIR to Magistrat

1 min read

Criminal

Delay in Despatch of FIR to Magistrat

(i) Mere delay in Despatch of FIR to magistrate is not a circumstance, which can throw out the prosecution case entirely. [Pala Singh & vs. State of Punjab, AIR 1992 SC 2679] (ii) The delay is not necessarily fatal particularly when...

3 min read

Criminal

Wherever there is inordinate delay in completing criminal investigation, such delay would provide ground for quashing the FIR

Wherever there is inordinate delay on the part of the investigating agency in completing the investigation, such delay, ipso facto, would provide ground for quashing the First Information Report or the proceedings arising therefrom. The above view is supported...

5 min read

MURDER

Mere presence in an unlawful assembly cannot render a person liable unless there was a common object u/s 141 I.P.C

CRIMINAL - Section 302 read with Section 149 - the FIR was registered on 12.08.1989 but was forwarded to the Magistrate only on 16.08.1989, after a delay of 4 days, becomes significant in light of the inconsistencies...

Effect of failure of prosecution to satisfactorily explain the delay

2 min read

CIVIL

Effect of failure of prosecution to satisfactorily explain the delay

Supreme Court in State of H.P. v. Gian Chand, (2001) 6 SCC 71 dealt with the effect of failure of prosecution to satisfactorily explain the delay in the lodging of the FIR and declared that if the delay is...

2 min read

CIVIL

If there is huge delay and in order to avoid the period of limitation, it cannot be resorted to a criminal proceeding.

Supreme Court in Thermax Ltd. and others Versus K.M. Johny and others [(2011) 11 SCALE 128] The principles enunciated from the above-quoted decisions clearly show that for proceedings under Section 156(3) of the Code, the complaint must disclose relevant material ingredients of...

Delay in lodging the FIR and sending the copy of the FIR to the Court

5 min read

CIVIL

Delay in lodging the FIR and sending the copy of the FIR to the Court

Prompt and early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding its true version. In case, there is some delay in filing the FIR, the complainant must give explanation for the...

United States Code

Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint (SC-18/05/2023)

The Law’s Delay -Samuel Williams Cooper (1890)

Proposal for division of supreme court into a constitution court and four appeal courts in India

Delay and Laches:

Delay in Despatch of FIR to Magistrat

Wherever there is inordinate delay in completing criminal investigation, such delay would provide ground for quashing the FIR

Mere presence in an unlawful assembly cannot render a person liable unless there was a common object u/s 141 I.P.C

Effect of failure of prosecution to satisfactorily explain the delay

If there is huge delay and in order to avoid the period of limitation, it cannot be resorted to a criminal proceeding.

Delay in lodging the FIR and sending the copy of the FIR to the Court

Current Posts

Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint (SC-18/05/2023)

For passing order u/s 319 CrPC, ‘satisfaction’ as mentioned in para no106 of Hardeep Singh case is sufficient (SC-2/06/2023)

Ghanshyam Vs Yogendra Rathi (02/06/2023)

Indian Lok Sabha Debates on The Railways Budget 2014-15 (10/06/2014)