Criminal Procedure Code, 1973, Section 394 -- Abatement of appeal - When appeal u/ss 377, 378 Cr.P.C is filed against more than one accused and some of them die and other accused are alive, appeal does not abate in full and it abates only in part, particularly when role of surviving accused was at par with that of expired accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 394 -- Dishonour of cheque - Conviction - Appeal also dismissed - Revision - Death of accused during pendency of revision - Revision does not abate - Court can pass appropriate orders with regard to sentence of fine...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Whether suit will fail or abate, it is not the determining factor for deciding the application u/s 10 CPC - While deciding application u/s 10 CPC, Court cannot impose any condition...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-impleading of LRs of deceased defendant - Omission to implead LR of a defendant - Suit will not abate as a whole, if interest of co-defendants are separate, as in case of co-owners, suit will abate only as regard particular interest of deceased party...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Allegation that accused kept on calling wife of deceased on her mobile and keep harassing her which allegations are supported by statements of mother and wife of deceased recording during investigation - Record shows that 3-4 days prior to suicide..........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Death of one of plaintiffs - Failure to bring on record LRs of one of plaintiffs may or may not result in abatement of suit as a whole - Suit as a whole can abate only if cause of action is joint and indivisible...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement of suit/appeal - Death of one of plaintiffs - Suit for accounts of partnership firm - All three plaintiffs had independent rights in partnership firm - On account of death of one of plaintiffs, if LRs are not brought on record then right of deceased plaintiff will stand defeated but it cannot defeat rights of other..........
Civil Procedure Code, 1908, Order 22, Rule 2, 3 -- Abatement of appeal - Non-substitution of Legal heirs of one of plaintiff - Interest of other appellants surviving - Appeal does not abate as a whole - Court below to hear appeal on merit as far as other appellants are concerned and adjudicate the matter on merits...........
Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of Managing partner during pendency of suit - Suit does not abate on death of one of the partners during pendency of suit - Question substituting heir and legal representative of the partners does not arise - Death has no impact on suit...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Appeal does not abate on the death of appellant/accused - Near relatives of appellant would be entitled to come on record and continue to prosecute the appeal - If nobody comes forward to continue to prosecute the appeal, appeal can be closed as abated - However, abatement..........
