Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Decree is `nullity' - Question regarding legality could be raised in appeal or even in execution proceedings arising out of such a decree...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of defendant and his LR's not impleaded - Separate suit can be maintained by heirs of deceased defendant seeking a declaration that decree passed is a nullity and not enforceable against them...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of one of defendants during pendency of appeal - Appeal decided without substitution of LRs of dead person is nullity and hence, not legally sustainable and thus, set aside...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit/appeal - As and when question of abatement of suit or appeal arises, same can only be gone into and decided by Court where suit or appeal was pending at the time of death of a party...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(b)(ii)(A), 22(c), 29, 50, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2.890 gms Hashish - Bail - Non-compliance of S.50 of NDPS Act will be sufficient to vitiate conviction for illegal possession of contraband - Said no, compliance cannot be said to be mere technical breach - Applicant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2.5 kgs intoxicant powder, 95 intoxicant injections without lable and without any permit or licence - Bail - No case of similar nature against petitioner - Though State contended that out of 9 witnesses, only 3 are examined, however, keeping in..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Bail - Offence u/ss 22, 61, 85 NDPS Act - Challan in the case has already been presented, charges have also been framed but not even a single witness has been examined - Petitioner is in custody for last more than one year and two months - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 29, 61, 85 -- Bail - Recovery of intoxicated injections, tablets and other material and by indulging in business of said drugs - Commercial quantity - Accused arrested at the spot was carrying contraband which falls in commercial quantity - S.37 of NDPS Act..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Bail - Offence u/ss 21 , 22 of the Act - Recovery of 196 intoxicant injections and 14 grams heroin - Admittedly, neither mandatory provision of S.50 NDPS Act has been complied with nor any other case of NDPS Act has been pointed out against petitioner - Bail..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs - Death of landowner/claimant - Reference petition under Land Acquisition Act - Land owner expired prior to reference petition coming into existence - Death had not taken place during pendency of reference petition - Provision of O.22 CPC thus, not attracted...........
