Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Succession Act, 1925, Section 372, 383 -- Succession Certificate - Revocation - Where an application is defective or material facts have been suppressed or misstated, certificate issued pursuant thereto is liable to be revoked u/s 383 of the Act...........
Succession Act, 1925, Section 372, 32, 33 -- Succession certificate - Issuance in favour of wife and children - If a son dies intestate leaving behind a wife and children, mother does not have a legal right to a share - Mother only succeeds in the absence of lineal descendants - Since the son died intestate leaving wife and children, mother is not a legal heir - Appellants..........
Succession Act, 1925, Section 372 -- Succession certificate - Dispute regarding status of legally wedded wife - Rival claims - Parallel comprehensive suit for partition pending - It is not appropriate for High Court to decide status of parties in a summary proceeding - Parties to establish their legal status through evidence in the pending civil suit - Based on the decree..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso - Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of Negotiable Instruments Act is entitled to maintain an appeal against acquittal even without seeking leave of Court...........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378 - Appeal against acquittal - An appeal against an order of acquittal in a proceeding preferred by complainant squarely falls within ambit of S.372 Proviso Cr.P.C...........
Succession Act, 1925, Section 372, 371 -- Proceedings u/s 372 of the Act - Jurisdiction of Court - If a person at the time of his death was residing at a particular place, District Judge within whose jurisdiction particular place exists is having the jurisdiction to entertain the application preferred u/s 372 of the Act...........
Succession Act, 1925, Section 372, 371 -- Proceedings u/s 372 of the Act - Jurisdiction of Court - Deceased was residing in village Tawriwala falling under District Jaisalmer - District Judge, Jaisalmer has the jurisdiction to entertain the application u/s 372 of the Act - Merely because Village Tawriwala has subsequently come under the jurisdiction of District Phalodi..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Complainant or victim can file an appeal as against order of acquittal passed by Magistrate before appellate Court or Sessions Court...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Scope of interference by an appellate Court for reversing the judgment of acquittal recorded by trial Court in favour of accused has to be exercised within the four corners of following principles: (i) That judgment of acquittal suffers from patent perversity; (ii) That same is based on a..........
