than a High Court.
431. Abatement of appeals- Every appeal under section 417 shall finally abate on the death of the accused, and every other ... section (2).
394. Abatement of appeals.--(1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused
below:
"394. Abatement of appeals.-- (1) Every appeal
under section 377 or section 378 shall finally abate on the
death of the accused ... 2006
:: 23 ::
would abate, but the abatement can be set aside as provided in Rule
9. Thus, there is an absolute abatement in cases where
Abatement of appeals. Every appeal under Section 411-A, Sub-section (2), or Section 417 , shall finally abate on the death of the accused ... that entails the consequence of abatement, unlike suits and appeals under Civil Procedure Code where abatement is not upon death hut only by omission
provision of Section 431 of the Code, the appeal abated on the death of the sole appellant. Mr. Prem Shankar Sahay on behalf ... appellant in case it is held that it does not abate on the death of the appellant is not free from difficulty, and since such
filed by accused
Ramesan in the High Court was not to abate on death of the
accused. The High Court rightly did not direct ... before this, treated as abated. One would
expect that an appeal of this character would normally abate
on the death of the appellant because
filed by accused
Ramesan in the High Court was not to abate on death of the
accused. The High Court rightly did not direct ... before this, treated as abated. One would
expect that an appeal of this character would normally abate
on the death of the appellant because
abate if the right to sue survives. Thus, if the right
to sue does not survive, the suit will abate on the death ... abate if the right to sue survives . Thus, if
the right to sue does not survive, the suit will abate on
the death
follows:
"394. Abatement of appeals. (1) Every appeal
under Section 377 or Section 378 shall finally
abate on the death of the accused ... except an appeal from a sentence of fine) shall
finally abate on the death of the appellant:
Provided that where the appeal is against
section 417 shall finally, abate on the death of the
accused and every other appeal under the Chapter (except an
appeal from a sentence ... fine) shall finally abate an the
death of the appellant. By "every other appeal, is meant an
appeal other than one against an order
abated and if so, whether the application is maintainable.
4. Mr. Rhabbra argued that the suit has not abated, because (a) on the death ... abatement results, there is scope for an argument that the present suit did not abate on the death of Hanumandas Kanoria even though no substitution
