LexLords NRI Legal Services Toronto By NRI Legal Services LexLords

NRI legal services https://lexlords.com/restitution-of-conjugal-rights/. This will bring the Court to a consideration of the culpability of the accused for the offence punishable under Section 302 IPC and if the accused is to be held so liable what would be the appropriate punishment that should be awarded to him. These proceedings cannot be. Neither section 8 nor section 1 1 provides that the creditors have to be impleaded as parties respondents in such an objection application. Payment of interest - When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per centum per annum from the time of so taking possession until it shall have been so paid or deposited: Section 527 of the Criminal Procedure Code does not apply to such a case as the power of a High Court to institute proceedings for contempt of itself and to punish the contemner where necessary, is a special jurisdiction which is inherent in all courts of record and section 1 (2) of the Criminal Procedure Code excludes such special jurisdictions 'from its scope.

The question that requires consideration in these circumstances is -whether the rules of the first schedule to the Code of Civil Procedure should be rigorously applied to proceedings under the Encumbered Estates Act, and whether the creditors who are no doubt' . It is only when a claim has been made under section 10 by a creditor and it has ripened into a decree that he is entitled to share in the assets of the landlord. persons interested in those proceedings and who would ultimately be entitled to recover their decretal debts from the property the extent of which falls for determination in an enquiry under section II, are NRI Legal Services necessary parties in the enquiry, or are merely proper parties thereto and as such entitled only to notice of the proceedings.

Till the time that a decree is passed NRI Legal Services under section 14 in favour of NRI Legal Services any of the creditors it cannot be, said that any one of them is entitled to share in the property of the debtor. 1 would not require a redetermination in view of the evidence of P. 64 and the Postmortem report (Exhibit P-69). 1 and 2, details of which have been extracted above, would go to show that the death of the deceased was occasioned by a combination of injury no.

Before dealing with Injury No. Order 1, Rules I and 3 of the Code of Civil Procedure, provide in regard to the persons who are to be joined as plaintiffs or those who have to be joined as defendants in suits. However, so far as Injury No. Rule 1 is in these terms:- "All persons may be joined in one suit as plaintiff, in whom any right to relief in respect of or arising of the same act or transaction or series of act transactions is alleged to exist, whether 514 severally or in the alternative, where, if such persons brought separate suits, any common question of law or fact would arise.

As already said, the section provides that the applicant has to give information about the names of the creditors and the amounts due to them. 2 which apparently was occasioned by the fall of the deceased from the running train. The same, in the opinion of the doctor (P. Encumbered Estates Act. 1 and 2, and complications arising therefrom including aspiration of blood into the air passages resulting in anoxic brain damage.

1 and 2 and aspiration of blood into the air passages on account of the position in which the deceased was kept, the first vital fact that would require consideration is whether the accused is responsible for injury No. " It is apparent that strictly speaking the provisions of these rules cannot be applied to the proceedings contemplated by the U. 64), had occurred due to the fact that the deceased was kept in a supine position for the purpose of sexual assault.

64, particularly, with reference to the injury No. 2 we would like to observe that we are of the opinion that the liability of the accused for Injury No. This has been the consistent view of this Court There can be no doubt that the statute under which the acquisition was made is an expropriatory legislation and, therefore, must be strictly construed. In a situation where death had been certified and accepted to have occurred on account of injury Nos.

40 as to what had happened in the ladies compartment coupled with the evidence of P. It was conceded at the Bar that an inquiry into third party claims under section 11(2) cannot be described as a suit. 2 is concerned, NRI Legal Services unless the fall from the train can be ascribed to the accused on the basis of the cogent and reliable evidence, meaning thereby, that the accused had pushed the deceased out of the train and the possibility of the deceased herself jumping out of train is ruled out, the liability of the accused for the said injury may not necessary follow.

But if he commits a default in submitting a written statement of the claim under section 10, the claim stands discharged under section 13. " Rule 3-provides:- " All persons may be joined as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate suits were brought aaainst such persons any common question of law or fact would arise.