Saturday, 26 January 2019
Decree against dead person--Death of defendant pending appeal--An application made for substitution of legal representatives, but no order passed by Court through inadvertence--Decree drawn against dead defendant--Decree executable against legal representatives--It was essentially a technical error--Held, act of court should do no harm to a litigant-- Civil Procedure Code, 1908, Section 47--Civil Procedure Code, 1908, Order 23 Rule 2.
Criminal Law--Bail--Grant of--Though detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a court dealing with the bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of the merits of the case is not necessary
During pendency of appeal bail allowed in the year 2006--The incident is 30 years old and after being released in 2006 on bail, it will not be proper to send the accused back to jail, more particularly, because nothing has been stated against him regarding his indulgence in any criminal activity--Sentence reduced to already undergone--Penal Code, 1860, Section 326.
Friday, 25 January 2019
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