Criminal Procedure Code, 1973, Section 394(2), Indian Penal Code, 1860, Section 70 -- Abatement of appeal - Death of appellant - In case of an appeal against composite sentence of imprisonment and fine the near relatives of appellant would be entitled to challenge the fine also...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - Suit for partition - One of appellant died during pendency of appeal - L.R's not substituted - Appeal as a whole becomes incompetent - In a suit for partition each and every co-sharer/co-owner is in the position of plaintiff as also defendant - For an effective decision of partition suit/appeal,..........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of LRs - Condonation of delay - Petition for substitution filed by wife after seven years of death of her husband i.e. original plaintiff - Wife had knowledge of pendency of appeal - Her plea that she was told by her husband that counsel would inform about hearing of application -..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 45, 53, 302 -- Remission of sentence - Whether imprisonment for life in terms of S.53 r/w S.45 IPC meant imprisonment for rest of life of prisoner or a convict undergoing life imprisonment has a right to claim remission and whether as per principles..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 166, 120B -- Quashing of FIR - Looking to the material collected by police during course of investigation, it cannot be said that petitioners have committed any offence punishable u/ss 420, 467, 468, 471, 166 and 120-B IPC as petitioner No.1 issued death certificate as per directions of SDO..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 32 -- Indian Penal Code, 1860, S.302 - Murder - Dying declaration - Summoning of additional accused - A note allegedly recovered from deceased expresses mere apprehension of death - Note written by deceased does not relate to cause of his death or to any of the circumstances of transaction which..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 32 -- Indian Penal Code, 1860, S.302 - Murder - Dying declaration - Summoning of additional accused - A note allegedly recovered from deceased expresses mere apprehension of death - Note written by deceased does not relate to cause of his death or to any of the circumstances of transaction which..........
Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Power of Court of Session - Held, since Magistrate is completely barred from granting bail to a person accused of an offence punishable by death or imprisonment for life, a superior Court such as Court of Session, should not be incapacitated from considering bail application especially keeping in perspective..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of earlier suit for non prosecution or for death of plaintiff - Does not operate as res judicata in a subsequent suit filed by his children even if it relates to same controversy...........
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161 -- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by..........
