Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - - Bail - Recovery of 600 capsules of parvorinspas and 2000 tablets of digifresh 0.6 and 1000 triesr tablets - As petitioner was a pillion rider on motorcycle so it is seriously debatable as to whether petitioner was having conscious possession of contraband which..........
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 5430 tablets of different description, 600 injections and 59 vials containing narcotic substance - Recovery has been effected from matrimonial house of the petitioner and her father-in-law is a licenced..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Court must apply mind as to whether right to sue survives or not and whether person claiming to be legal representative of deceased plaintiff is indeed his legal representative...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal Representatives - Determination of a person as legal representative - It is confined to the proceedings to enable the claimant to proceed with or continue the suit or appeal - It does not confer or recognise heirship...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Claim of pensionary benefits - Plaintiff claimed to be wife of deceased/husband - Claim of pensioner benefit was a personal right on the basis of which Heirship Certificate was sought by plaintiff - It being personal right on her death, right to sue does not survive, therefore,..........
Civil Procedure Code, 1908, Section 151, 152, Order 22, Rule 3 -- Correction of decree - Decree passed in favour of a dead person - Plaintiff died during pendency of suit - Application filed to implead his L.R's - Decree passed without deciding application to impleaded L.R's of deceased plaintiff - Correction of decree - Since the application to implead L.R's of deceased..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Mere bald statement that there may be other heirs without disclosing the names thereof, does not ipso facto attract provisions U.O.22.R.5 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Death of party/opposite party No.1 - Mere difference in spellings of deceased in death certificate and in application, does not raise any doubt regarding identity of deceased, particularly when address of deceased is same in both death certificate and in application - Such discrepancy thus, not fatal in..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Death of party/opposite party No.1 - Substitution sought not only of executor of Will left by deceased but also heirs and legal representatives in case of intestacy - No impediment to substitute executor as well as heirs and legal representatives who may succeed estate in case of intestacy in place of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 44 gms Diphenoxylate Hydrochloride - Bail - Recovered contraband would fall within intermediate quantity i.e less than `commercial quantity' - It is debatable as to whether each of two accused can be attributed conscious possession of contraband..........
