Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Held, where each one of the parties has an independent and distinct right of his own, not dependent upon one or the other, nor the parties have conflicting interest inter se, appeal would abate only qua deceased respondent...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Bar U.O.22.R.9 CPC - Held, unless there is previous partition, plaintiff in a previous suit, which has abated due to no, substitution of defendant or defendants, can himself also bring a subsequent suit for partition - So long as there has been no division of joint property by actual delivery of allotments of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 167(2) -- Bail - Offence u/s 22 NDPS Act - Application for extension of time for concluding investigation - Application not accompanied by report of Public Prosecutor which is a basic requirement - Time cannot be extended - Bail u/s 167(2) Cr.P.C. granted...........
Civil Procedure Code, 1908, Section 96(3), Civil Procedure Code, 1908, Section 96(3), Order 22, Rule 3 - - Compromise decree - Appeal against - Maintainability - Held, when on a dispute as regards legality and validity of a compromise being raised, an inquiry is made in view of proviso to O.23.R.3 of the Code and suit is decreed on basis of a compromise based on that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 10 -- Ex parte decree - Setting aside at the instance of transferee pendente lite - Application U.O.9.R.13 CPC at the instance of transferee pendente lite is maintainable only when such transferee by filing an application seeks leave of Court in accordance with O.22.R.10 CPC - Only..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Accused convicted u/ss 8, 22 of NDPS Act and sentenced to 15 years RI and to pay a fine of Rs.1.50 lacs - Incriminating evidence and circumstance occurred against accused not put to him during his examination u/s 313 Cr.P.C. -..........
Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Alienee neither necessary nor proper party to the suit - Neither plaintiff is bound to implead such alienee nor the alienee has an absolute right to be joined as a party...........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Execution - Death of D.H. - Execution proceedings could be continued by the L.R's of D.H. - Every Court has inherent power to permit the L.R's of a party to continue the proceedings initiated by or against his predecessor - Substitution rightly allowed...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22 -- Consent decree - Execution - Consent decree is executable within a period of 12 years...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - Dispute as to - Held, O.22.R.5 CPC postulates an inquiry when there is dispute as to who is the legal representative...........
