Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte hearing - Setting aside - Death of defendant - Suit was set for ex parte hearing against LRs of deceased defendant, as they failed to file additional written statement - Though LRs have not taken steps in the matter, but they have offered plausible explanation for such default on their part, as they were not..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10 -- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Pre-suit assignment or creation or devolution of interest, does not attract provision of O.22.Rr.4, 10 CPC, particularly when assignees abandoned his befitting solitary locus to defend..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10 -- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Though assignees empowered to be arrayed as party defendants at the inception of lis, but since they enable to seek their impleadment, they abandoned/waived their rights to contest the..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Dowry death - Cruelty - Demand of dowry - Quashing of proceedings - Jethani residing in another State whereas deceased committed suicide at the residence of her parents - She cannot be said to be beneficiary of dowry demanded, if any - In..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of decree holder (DH) - Substitution of son of DH - Petitioner along with his all brothers and sisters have received the notices under execution proceedings but they never came forward to get themselves substituted/impleaded in execution proceedings - Petitioner was thus,..........
Criminal Procedure Code, 1973, Section 433A -- Pre-mature release - Double murder case - Dispute between accused and his wife - Wife went to her parental home due to cruelty and harassment meted out to her by accused - On account of this accused got enraged and went to parental home of his wife - Accused threw his wife in a big tank with intention to kill her - He then..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of a party - It is the duty of pleader to communicate to Court regarding death of a party and for that purpose contract between pleader and deceased party shall be deemed to subsist...........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of a party - Period of 90 days commence from date when pleader informs Court regarding death of his client...........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of defendant - Counsel for defendant informed Court regarding death of deceased on 9.1.2012 - Application U.O.22.R.4 CPC filed on 2.4.2012 i.e within 90 days - It cannot be said that suit had abated - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302 -- Appeal by State seeking enhancement of jail sentence - Once Sessions Judge found accused guilty of murder punishable u/s 302 IPC, only punishment that can be awarded is either death penalty or life imprisonment and fine - It is unbelievable that how Sessions Judge awarded 10 years jail..........
