Supreme Court Dismisses Appeal Due to Appellant's Death. Appeal Abated Following Submission of Death Certificate Evidencing Appellant's Demise.

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Case Note & Summary

The case involved an appeal filed by Uma Shanker Sharma against the Registrar General. The appellant's counsel, Ms. Manisha Ambwani, informed the court that the appellant had passed away on 27th July 2021, and submitted a copy of the death certificate as evidence. The court reviewed the submitted death certificate and determined that the appeal could not continue due to the appellant's death. Consequently, the court ruled that the appeal abated, concluding the matter without further proceedings.

Headnote

A) Criminal Procedure - Abatement of Appeal - Death of Appellant - Criminal appeal abated due to the death of the sole appellant - The court acknowledged the submission regarding the appellant's death and the filing of the death certificate, leading to the conclusion that the appeal could not proceed. Held that the appeal abates as a result of the appellant's demise (Paras Not mentioned).

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Issue of Consideration

Whether the appeal abated due to the death of the appellant.

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Final Decision

The appeal abated due to the death of the sole appellant, as confirmed by the submission of the death certificate.

Law Points

  • Abatement of appeal
  • Death of appellant
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Case Details

2021 LawText (SC) (10) 164

Criminal Appeal No.770 of 2010

2021-10-20

B.V. Nagarathna

Manisha Ambwani

Uma Shanker Sharma

The Registrar General

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Nature of Litigation

Criminal appeal

Issues

Whether the appeal abated due to the death of the appellant

Submissions/Arguments

The appellant died on 27th July, 2021 A copy of the death certificate was filed

Ratio Decidendi

The appeal abated as a result of the appellant's death, preventing any further proceedings.

Judgment Excerpts

The appeal abates on account of the death of the sole appellant.

Procedural History

The appeal was filed and subsequently abated following the appellant's death.

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