Delayment - Law Dictionary Search Results
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Hindrance...
Without delay
Without delay, the words 'without delay' in s. 371(1) of the Criminal Procedure Code, 1898 emphasise the fact that there should not be much time lag between the pronouncement of the judgment and the supply of its copy to the accused.Where a judgment is merely dictated and not transcribed and as such not signed at the time of its pronouncement, it would not normally be possible to supply its copy without delay after pronouncement, Iqbal Ismail Sodawala v. State of Maharashtra, AIR 1974 SC 1880: (1975) 3 SCC 140: (1975) 1 SCR 710. [Criminal, PC, 1898, s. 37(1)]...
The reason of the delay
The reason of the delay, the words 'the reason of the delay' occurring in Rule 25 can on an ordinary grammatical interpretation be referred to the delay in returning the process to the Court, Mathri v. State of Punjab, AIR 1964 SC 986 (989): (1964) 5 SCR 916....
Delayer
One who delays one who lingers...
Delayingly
By delays...
Wilfully detains or delays
Wilfully detains or delays, it is, reasonable to think that in s. 53 when the word 'wilfully' was used, the legislature also intended that the detention would be punishable only if made for some purpose, Ramchandra Narsimha Kulkarni v. State of Mysore, AIR 1964 SC 1701 (1703). [Post Office, Act (6 of 1898), s. 53]...
Forthwith
Forthwith. When a defendant is ordered to plead forthwith, he must plead within twenty four hours. When a statute or rule of Court requires an act to be done 'forthwith,' it means that the act is to be done within a reasonable time having regard to the object of the provision and the circumstances of the case [Ex parte Lamb, (1881) 19 Ch D 169; 2 Chit. Arch. Prac., 14th Edn., 1435].Immediately, without delay, Black's Law Dictionary, 7th Edn., p. 664.The expression 'forthwith' would mean 'as soon as may be', that the action should be performed by the authority with reasonable speed and expedition with a sense of urgency without any unavoidable delay. No hard and fast rule could be laid nor a particular period is prescribed. There should not be any indifference or callousness in consideration and disposal of the representation. It depends on the facts and circumstances of each case, Navalshankar Ishwarlal Dave v. State of Gujarat, AIR 1994 SC 1496: (1993) Supp 3 SCC 754.The word 'forthwi...
Within such period
Within such period, means within the period which ends with the last day of limitation prescribed. In other wards, in all cases falling under s. 5 what the party has to show is why he did not file an appeal on the last day of limitation prescribed. That may inevitably mean that the party will have to show sufficient cause not only for not filing the appeal on the last day but to explain the delay made thereafter day by day. In other words, in showing sufficient cause for condoning the delay the party may be called upon to explain for the whole of the delay covered by the period between the last day prescribed for filing the appeal and the day on which the appeal is filed. To hold that the expression 'within such period' means during such period would, be repugnant in the context, Ram Lal v. Rewa Coalifieds Ltd., AIR 1962 SC 361 (364): (1962) 2 SCR 762. (Limitation Act, 1963, s. 5)...
Mora
Mora, a moor, marshland, a heath, fen land, barren and unprofitable ground, Co. Litt. 5 a.--Delay. Mere delay has no legal result where express or implied promptness could not have been exacted, but the onus or proof increases on those responsible as the delay itself increases....
Demurrage
Demurrage, a term used in commercial navigation, signifying on allowance made to the owners of a ship by the freighter, for detaining her in port longer than the period agreed upon for her sailing. It is usually stipulated in charter-parties and bills of lading, that a certain number of days, called running or working or lay days, shall be allowed for receiving or discharging the cargo, and that the freighter may detain the vessel for a further specified time, or as long as he pleases, on payment of so much per diem for such overtime. When the contract of affreightment expressly stipulates that so many days shall be allowed for discharging or receiving the cargo, and so many more for overtime or demurrage days, such limitation is interpreted as an express stipulation on the part of the freighter that the vessel shall in no event be detained longer; if detained the charterer, is liable for damages for breach of contract for which the rate of demurrage is generally the measure. This hold...
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