Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of legal heir - Death of plaintiff - Appellant is admittedly son of deceased plaintiff - Thus, his entitlement whether by way of testamentary succession or non-testamentary succession as being legal heir of deceased plaintiff cannot be denied - Moreover, if any inquiry was required to be made, trial Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 Tramadol table weighing 20 kgs. - Bail - NCB specifically stated that it was disclosures made by accused that had led NCB team to arrive at and raid godown of co-accused, which resulted in recovery of large haul of different psychotropic..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Abatement of appeal - Death of plaintiff - Copy of intimation of death of plaintiff as submitted by his counsel was not served upon counsel for appellants - No material to suggest that fact of death of plaintiff before first appellate Court was mentioned in order sheet of appeal - Finding of abatement recorded by appellate..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of L.R's - Two independent proceedings - It cannot be said that substitution application filed in one proceeding is sufficient and only formal application is required in other proceeding - Substitution application not properly filed and Court in place of taking liberal view, took a arbitrary view which cannot be..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H), S.96 - Appeal at the instance of a legal representative who failed to get himself substituted on death of a party - There is no abatement of case on account of failure to file an application by the legal representative due to the death of a party - Order dismissing appeal as not maintainable, set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 250 gms Alprazolam - Bail - Recovery effected from accused falls within category of commercial quantity - Accused has been continuously in custody since March 2020 and despite charges being framed on 02.12.2020 till date only one PW out of 14 has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C), 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1500 tablets of Tramadol Hydrochloride - Bail - Story put forth by prosecution seems doubtful that accused carrying contraband in transparent polythene bag which would easily expose person carrying such contraband - Accused is in..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Death of plaintiff - Factum of death of plaintiff was not brought on record - Defendants came to knowledge of same only after receiving report of process server - Application U.O.22.R.9 CPC along with delay condonation application filed within time from the date of having knowledge of death - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Recovery of commercial quantity - Petitioner regularly appeared before trial Court - Sending petitioner in custody at this stage would not serve any purpose - Bail granted to petitioner...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of Legal heirs - Death of plaintiff no.1 - Plaintiff no.1 and plaintiff no.2 were lessors of suit property - Right to recover possession in respect of suit property is not a personal right but a property right - Heirs of deceased plaintiff no.1 would have a right to bring a suit for same relief which deceased..........
