Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Non-impleadment of LRs of deceased plaintiff No.3 - Suit filed for bare injunction on the ground that plaintiffs are joint owners of property - Interest of plaintiff No.3 is therefore, sufficiently taken care by other plaintiffs and he is sufficiently represented by other plaintiffs - There is thus, no..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 17(c), 21(c), 22(c), 29, 35 -- Default bail - Offence u/ss 8(c), 17(c), 21(c), 22(c), 29, 35 of NDPS Act - Accused arrested and in judicial custody for more than 300 days - Prosecution did not file an application u/s 36-A(4) of NDPS act praying for..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Anticipatory bail - Offence u/s 22 of NDPS Act - Petitioner regularly appeared before trial Court for at least 17 dates - However, only on one date, petitioner could not appear due to inadvertent mistake and bail granted to petitioner was cancelled - If accused..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 22 -- Conversion of appeal into cross-objections - There is no specific provision to convert an appeal into cross-objections - But there is equally no specific provision barring such conversion - There is thus, a legitimate case for invoking provision of S.151 CPC and ordering such conversion...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - If O.41.R.22 CPC enables party to file cross-objections, such cross-objections can be rejected as not maintainable only on some legitimate ground showing either that applicant's case does not fall within O.41.R.22 Explanation CPC, or that there is some other valid reason why cross-objection should not be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29, 27(B)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of tablets, capsules and cough syrups containing narcotic substance - Recovery effected from possession of co-accused - Police during investigation recovered two slips/receipts one of them was written by..........
Civil Procedure Code, 1908, Order 22, Rule 4, 2A, 2B -- Death of defendant No.2 - Substitution of L.R's - Application filed by plaintiff rejected on the ground that it is duty of L.R's themselves to come on record - No prejudice shall be caused to defendant, rather onerous duty cast by statue in terms of O.22.R.2-B would be satisfied that too at the instance of plaintiff..........
Civil Procedure Code, 1908, Order 22, Rule 4(1) -- Scope - U.O.22.R.4(1) CPC two situations are contemplated (i) where one of two or more defendants dies and right to sue does not survive against surviving defendants or defendant alone; (ii) a sole defendant or sole surviving defendant dies and right to sue survives - In both these situations Court on application made in..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Scope - Courts power to exempt plaintiff from necessity of substituting legal representatives of a defendant who has failed to file a written statement or who having filed it has failed to appear and contest the suit could be exercised only in a case where Court is obliged to pronounce a judgment on adjudication after..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(i), 11(4)(ii), 11(4)(iv), 22, Civil Procedure Code, 1908, Order 22, Rule 4 -- Non-impleadment of legal representative of a tenant - Mere impleadment of sub-tenant ipso facto will not absolve landlord from his liability of impleading legal representatives of original tenant who died pending..........
