Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Where Executor is not a legatee special citation is required to be issued granting opportunity to accept or renounce executorship - However when executor is a successor in intestacy special citation may not be issued as upon issuance of general citation executor has an opportunity to take a..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Documents which are part of charge sheet even after they have been supplied to accused might get lost, accused can still ask for certified copy/attested copy of the same at his own expense - Non-supply of a copy of such documents will deprive accused of a meaningful opportunity to put..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Seized vehicles can be confiscated by Trial Court only on conclusion of trial when accused is convicted or acquitted or discharged - Further, even where Court is of the view that vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Petitioner failed to show that she exercised due diligence in producing documents in question - There was no reference in pleadings about said documents - Documents in question were not required to pronounce a satisfactory judgment - Plaintiff as of right not entitled for a fresh..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order of dismissal of application filed for extension of time to deposit cost of Rs.10,000 - Petitioner has fair trial as enshrined u/art 226 of Constitution and any denial of best available evidence or opportunity of effective and substantial hearing to petitioner in proving his defence would amount to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - If Magistrate after giving opportunity of hearing to informant passed a detailed order accepting final order by discussing the case on merit then this order will amount to final order disposing the case so far as the cognizance on the basis of material of the case diary is concerned -..........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - S.45 of the Act imposes two mandatory conditions for the grant of bail to any person i.e (i) prosecutor must be given an opportunity to oppose the application for bail; and (ii) Court must be satisfied that there are reasonable grounds for believing that accused person is not guilty of such offence and that he..........
Evidence Act, 1872, Section 3 -- Evidence - Testimony of a witness cannot be read into evidence till the opposite party is granted an opportunity to cross-examine him...........
Civil Procedure Code, 1908, Order 15A -- Fixation of rent - Court is competent to fix a provisional rent after affording opportunity to both the parties - In order to fix such rent, Court considered the previous amount of rent for same schedule property, the area where it is situated and other relevant factors - Even if defendant pleads in written statement that no arrears..........
