Uma Shanker Sharma vs Registrar General, Hon'ble High Court of Judicature at Allahabad - 2021 Supreme(SC) 1079

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

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2021 Supreme(SC) 1079

SUPREME COURT OF INDIA
B.V. NAGARATHNA, J.
Uma Shanker Sharma - Appellant
Versus
The Registrar General, Hon'ble High Court of Judicature at Allahabad - Respondent
Criminal Appeal No. 770 of 2010
Decided On : 20-10-2021

Important Points

The legal principle established is that an appeal abates upon the death of the sole appellant.

Subject

Civil Law - Appeals and Abatements

Headnote

Abatement - Appeal - Death of Appellant

Fact of the Case:

The appellant died on 27th July, 2021, and the appeal abated due to the appellant's death.

Finding of the Court:

The court found that the appeal abated on account of the death of the sole appellant.

Issues: The main issue was the abatement of the appeal due to the death of the appellant.

Ratio Decidendi: The court analyzed the evidence of the death certificate and concluded that the appeal abated as a result of the appellant's demise.

Final Decision: The court concluded that the appeal abated due to the death of the sole appellant.

Legal Category Hierarchy

Table of Contents

1. Appeal proceeding — Death of sole appellant. (Para 1 , 2 )

2. Submission that the appeal abates following the death of the appellant. (Para 1 )

3. Perusal of the death certificate evidencing the demise of the appellant. (Para 2 )

4. An appeal abates upon the death of the sole appellant. (Para 3 )

5. Appeal abates on account of the death of the sole appellant. (Para 3 )

6. What is the legal effect of the death of a sole appellant on a pending appeal?

The appeal abates on account of the death of the sole appellant. (Para 3 )

ORDER :

1. Learned counsel for the appellant Ms. Manisha Ambwani submitted that the appellant died on 27th July, 2021 and therefore the appeal has abated.

2. She also submitted that a copy of the death certificate evidencing the demise of the appellant has also been filed. The same is perused.

3. In such circumstances, the appeal abates on account of the death of the sole appellant.

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