Appeal Archives | Page 3 of 6

Instead of filing an appeal before the Sessions Court petitioner rushed to this Court invoking its inherent power. Can High Court exercise its inherent power? Read J&K and Ladakh HC’s decision

Jammu and Kashmir and Ladakh High Court: Mohd. Akram Chowdhury, J., reiterated the settled position of law that if an alternate efficacious

Case Briefs High Courts

Bom HC | Appellate court can reverse the finding and sentence of the trial court ordering re-trial

Bombay High Court: The Division Bench of S.S. Shinde and Milind N. Jadhav, JJ. allowed an appeal against conviction of the Appellant

Case Briefs Supreme Court

High Court’s Revisional jurisdiction under Section 401 Cr.P.C re power to reverse acquittal. SC answers important questions

Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has answered the following three important questions on the revisional jurisdiction

Case Briefs Supreme Court

Explained| Is State Election Commission/Collector’s order under Section 14B(1) of Maharashtra Village Panchayats Act, 1959 refusing to disqualify a Sarpanch/Member of Panchayat appealable?

Supreme Court: Answering an interesting question of law, the Bench of AM Khanwilkar* and CT Ravikumar, JJ has held that no remedy

Case Briefs Supreme Court

‘Motor Vehicle Appellate Tribunals’ may soon be a reality? Read SC’s suggestion to Ministry of Law and Justice

Supreme Court: With an aim to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment

Case Briefs High Courts

Ker HC | No appeals will lie against ad interim orders in a pending case

Kerala High Court: P.B. Suresh Kumar and C.S. Sudha, JJ., held that ad interim orders cannot be impugned in an appeal under

Case Briefs High Courts

Law on Duty of Appellate Court | Reasons, an essential feature of a judgment? Is there a link covered under reasons in Judgment? Read on

Delhi High Court: While stating the well-settled law that even when an appellate Court affirms the order of the Court below, it

Case Briefs High Courts

Madras HC | 12 long years of proceedings, but no appearance of wife. Assault on husband’s vital body part, not denied. Can her appeal against dissolution of marriage be still accepted? Read on

Madras High Court: The Division Bench of T. Raja and G. Chandrasekharan, JJ., while upholding the decision of Court below stated that

Case Briefs High Courts

Chh HC | Aggrieved by an order passed under S. 41(1) Dentists Act, 1948 appeal can be filed before State Government in accordance with S. 41(4) of Dentists Act, 1948

Chhattisgarh High Court: Goutam Bhaduri, J. dismissed the petition as being devoid of merit. The facts are such that the petitioner was

Case Briefs High Courts

[Cruelty by Wife] Cal HC | Reckless allegations against husband corroborated by daughter. Affidavit of daughter how far can corroborate husband’s allegations? Court determines while confirming divorce decree against wife

Calcutta High Court: A Division Bench of Arindam Sinha and Suvra Ghosh, JJ. confirmed a decree of divorce passed in favour of

Case Briefs High Courts

Bom HC | Woman commits suicide along with her infant daughter within 7 years of marriage. Can husband of deceased be held guilty for offences under Ss. 498-A, 304-B read with 34 IPC? Mere suspicion of Cruelty & Harassment is enough?

Bombay High Court: The Division Bench of Ravindra V. Ghuge and B.U. Debadwar, JJ., upheld the decision of Additional Sessions Judge wherein

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Separate penalties by the stock exchanges can be imposed | While positing, rejects appeal

Securities Appellate Tribunal (SAT): A Coram of Tarun Agarwala, J., (Presiding Officer) and M.T. Joshi, J., (Judicial Member) while dismissing an appeal

Case Briefs Supreme Court

‘Commercial wisdom of Committee of Creditors is not to be interfered with’; Supreme Court sheds light on the limited scope of interference by NLAT/NCLAT

“The limited judicial review, which is available, can in no circumstance trespass upon a business decision arrived at by the majority of CoC.”

Case Briefs Supreme Court

Aggrieved by an order refusing condonation of delay in filing application under section 34 of the Arbitration Act, 1996? Appeal lies, holds Supreme Court

“Undoubtedly, a limited right of appeal is given under section 37 of the Arbitration Act, 1996. But it is not the province or duty of this Court to further limit such right by excluding appeals which are in fact provided for, given the language of the provision.”

Case Briefs Supreme Court

‘Reasoned Judgment must be passed alongwith the operative order’; SC asks NCDRC President to discontinue the upsetting trend of delayed reasoned orders

“The rights of the aggrieved parties are being prejudiced if the reasons are not available to them to avail of the legal remedy of approaching the Court where the reasons can be scrutinized.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Review order is a gross violation of legal principle; Tribunal allows appeal of refund claim

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal against the impugned order wherein the refund

Case Briefs High Courts

Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law

Chhattisgarh High Court: A Division Bench of P.R. Ramchandra Menon and Parth Prateem Sahu JJ., dismissed the appeal being devoid of merits.

Case Briefs District Court

Amazon to pay Rs 45000 for rowing back on confirmed order for laptop by Law student, can’t evade responsibility when it allowed ‘Rockery Marketing’

State Consumer Dispute Redressal Commission, Odisha (SCDRC): Dr D.P. Choudhury (President) modified the compensation amount awarded to a Law Student in light of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Demand of reversal Cenvat Credit, Interest, and Imposition of penalty set aside; Tribunal allows appeal in matter of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rule 2001

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs High Courts

[NI Act] Kar HC | In a case where both the complainant and the accused remained continuously absent, Court ought to have “dismissed the complaint for non prosecution under S. 256 CrPC and not on merits”

Karnataka High Court: John Michael Cunha J., allowed the appeal and set aside the impugned judgment. The case involves default under Section