Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22 -- Bail - Contraband - Petitioner has undergone a substantial period of custody - Rigors of S.37 of NDPS Act, can be diluted to an extent in view of salutary provision of the Art.21 of Constitution - Moreover, co-accused has been granted concession of bail -..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Suit filed against a dead person - Defendant had died prior to filing of suit - Neither his L.R's can be impleaded nor O.6.R.17 CPC can be invoked - Suit against a dead person is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - On parity basis - Accused and co-accused were apprehended while they were carrying the contraband - Co-accused has already been granted bail - Accused is at par with co-accused and his further custody will not serve any meaningful purpose -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner was named in the FIR on the disclosure of one of co-accused - Though, petitioner is said to be involved in other two cases, but he is already on bail in one of case - Challan is already presented and charges are also framed..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - When plaintiff passes away and if any particular legal heir is omitted from being brought on record by other legal heirs, carriage of suit by some of heirs would not be rendered bad as excluded legal heir can always file independent application to be brought on record as legal heir..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Where plaintiffs passes away, there is no duty cast on defendants to take any steps in such a case - It is for legal heirs of plaintiffs to bring themselves on record as plaintiff's LRs - Such a duty is also not cast on one or more LRs who volunteer to file an application for setting..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Even if majority of LRs are brought on record, case can be contested on merits without any necessity of other representatives being brought on record...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Death of sole defendant - Substitution of LRs - Application for bringing on record LRs was filed within three months from the date of knowledge - Application is thus, within limitation - LRs of deceased ordered to be brought on record...........
