Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- L.R's - Death of appellant no.3 - Husband of appellant no.3 is already on record in second appeal - Appeal does not abate even though no application is made to bring other L.R's within prescribed period of limitation...........
Civil Procedure Code, 1908, Order 22, Rule 2, 3 -- Eviction petition - Petition filed by four joint owners - Death of one plaintiff - Abatement of suit - Suit for eviction can be filed by one of them or some of them without joining the others as plaintiff - Since surviving plaintiffs could have filed eviction suit even without joining the deceased plaintiff, right to sue..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Appeal - Death of accused during pendency of appeal - Whole appeal will not abate - Appeal qua order of conviction and sentence in default of payment of fine shall abate - Appeal regarding payment of fine still survives and same shall be decided as per amended provisions of Act...........
Central Excise Act, 1944, Section 11A -- Notice - Excise duty - A tax on goods - Assessment on deceased - No machinery provisions to assess and collect sales tax from a deceased person - All proceedings against such deceased person/dissolved firm abate...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 30, Rule 4(1) -- Eviction petition - Tenant a partnership firm - Eviction petition against partnership firm and partners - Death of one of the partners - Since firm is a tenant and merely because one of the partners died, suit would not abate as decree is to be passed against firm, which is a..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 CPC would not apply to proceedings in execution of a decree or order - Meaning thereby that if death occurs either of plaintiff/decree holder or defendant/judgment debtor during pendency of execution, it would not abate and execution can proceed after the death of decree holder..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide need - Death of landlord - Effect - Held, where landlord files an eviction petition for bona fide requirement for himself and his family, death of landlord would not grant legal heirs to make same ground as claimed by landlord - However, when there are two plaintiffs who together file an eviction..........
Criminal Procedure Code, 1973, Section 133, 138, 482 -- Removal of nuisance - Quashing of proceedings - District Magistrate gave certain guidelines to prevent causation of pollution from industrial units and abate nuisance to general public - Said order not satisfying essential requirements of final order u/s.138 Cr.P.C. - Held, District Magistrate is thus bound to proceed..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against a dead person - Suit will not abate if his L.R's are already on record in the suit in another capacity and no application is necessary to impleaded them...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Held, where each one of the parties has an independent and distinct right of his own, not dependent upon one or the other, nor the parties have conflicting interest inter se, appeal would abate only qua deceased respondent...........
