Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Appeal - Cross objections filed in appeal - Dismissal of appeal though on merits, yet by itself would not result in dismissal of cross objection also - Cross objection had to be disposed of on its merits notwithstanding dismissal of appeals as provided U.O.41.R.22(4) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Appeal - Cross objections filed in appeal - Rejection of cross objection without any discussion and reason cannot be countenanced and therefore, not legally sustainable - Matter remitted...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of plaintiffs - Non-impleadment of LRs of deceased plaintiff - When right to sue survives, there is no question of abatement of entire suit/appeal on the ground of no, impleadment of legal heir of deceased plaintiff...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Petitioners who claiming themselves to be legal heirs/legal representative of deceased plaintiff, could not prove his death - Even death certificate of deceased filed by petitioners is forged - Petitioners thus, not entitled for any relief - Application for substitution held,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 50, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 810 tablets of Triesr containing tramadol - Offer to be searched before a Gazetted Officer of Police Department only - It is debatable whether such an offer is valid and would meet the requirement of S.50 of the Act - Without commenting..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 9 -- Legal representatives - Substitution of L.R's without proposed legal representative being properly served and without affording them an opportunity of being heard - Impugned order set aside...........
Civil Procedure Code, 1908, Order 22, Rule 1 -- Abatment of suit - Once the plaint - itself is rejected, the question of any legal heirs of any of the defendants for the purpose of defending the suit or pursuing the petition, would cease to arise in the first place...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 9 -- Death of one of plaintiffs - Substitution of LRs - Delay in taking LRs on record is undisputed - However, once the matter was brought to knowledge of petitioner, thereafter Presiding Officer was unavailable on three consecutive dates and on fourth date, application for substitution of LRs was moved - Even..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 22, Rule 5 -- Finding on issues - Suit for permanent injunction - Trial Court while decreeing suit not recorded finding on each issue separately as per O.14.R.2 r/w O.22.R.5 CPC - Further, it is not clear from judgment of trial Court that which issue it has decided - It was incumbent upon trial..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/ss.22, 29 NDPS Act - Recovery of 260 grams of heroin from dashboard of car - It would certainly be debatable as to whether petitioner can be attributed conscious possession of the contraband - Even, trial has recently commenced and conclusion..........
