Service -- Withholding of Death-cum-Retirement-Gratuity (DCRG) - Pendency of appeal against conviction in criminal case - Cannot disentitle State from withholding DCRG considering that it is a hiatus period within which certain arrangements have to be made which would be dependent on the outcome of appeal...........
Customs Act, 1962, Section 130, 111(b), 111(f), 125, 87 -- Appeal before High Court - Maintainability - Payment of custom duty - Issue is related to whether Exemption u/s.87 of the Act is allowable or not if the vessel AE is a foreign going vessel - With respect to such an issue, against the order passed by CESTAT, appeal would be maintainable...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Proceedings u/s 14 of the Act - Powers of District Magistrate - Proceedings u/s 14 of SARFAESI Act is not akin to a suit since no adjudication is permitted by District Magistrate - But principle laid down that when two of legal representatives of deceased..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43 -- Rejection of plaint - Refusal to reject plaint - Order is not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Appeal - Absence of appellant - Appellate Court has power to decide issue of maintainability of appeal in the absence of appellant...........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee - When an appeal is preferred by legal heirs of a party to suit, they are bound to satisfy the requirement to maintain an appeal including liability to pay Court fee - No doubt, they can apply for permission to proceed with appeal..........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee after disposal of appeal - In case of death of an indigent appellant after disposal of appeal, property and assets of deceased alone would stand liable to answer the recovery U.O.33.R.14 CPC and in that case it is not permissible..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against order granting bail - Factors which ought to have been considered while granting bail, not considered - There are allegations that family of deceased had been threatened on behalf of respondent No.2 - Bail granted to respondent No.2 is liable to be set aside...........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - It is S.41 of Punjab Courts Act which governs second appeal in Punjab and Haryana High Court - As far as Punjab & Haryana High Court is concerned it need not to frame substantial question of law in second appeal - However, High Court cannot exercise jurisdiction de hors the..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff during pendency of appeal - Non substitution of L.R's - Dismissal of appeal as abated - Appeal can be revived for hearing only when (i) proposed L.R's file an application for substitution of their names, (ii) they apply for setting aside abatement, (iii) they file an application u/s 5 of Limitation Act..........
