‘Review is not an appeal in disguise’: Allahabad HC dismisses review application against Order of Remand
There are substantive differences between review and appeal. A decision’s cryptic nature alone does not warrant a review.
Appeal
No Appeal lies u/s 117-A of Patents Act 1970 against an Order passed u/s 21(1): Bombay HC reiterates
The impugned Order clearly holds that the petitioner is deemed to have abandoned the application and that it has failed to comply with the requirements of Section 21(1) of the Patents Act, 1970.
Never Reported Judgment | Quantum of costs to be proportionate to the amount in respect of which the party succeeds in a suit [(1953) 1 SCC 286]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on quantum of costs.
A Will must be the product of free volition; Conscience of the Court must be satisfied when genuineness of Will is questioned, says Bombay High Court
“When the genuineness of a Will is called into question, the conscience of the Court has to be satisfied that the Will is not only executed and attested in the manner required, but also that the same was the product of free volition of the executant.”
Delhi High Court directs expeditious disposal of TV Today Network’s appeal over Harper’s Bazaar India Instagram Account Suspension
While the court did not provide a definitive ruling at this stage, it demonstrated a proactive approach by directing the Grievance Appellate Committee to promptly decide the petitioners’ appeal, should they file one. This interim measure aimed to mitigate the petitioners’ grievances pending a final determination of the constitutional validity of Rule 3(1)(c) of IT Rules, 2021 and related provisions.
Bombay HC confirms death penalty awarded to a former murder convict, who killed his 5 family members
The High Court stated that the convict had taken innocent lives in an extremely barbaric, criminal, and heartless manner. His acts have shocked not only the judicial conscience but also the conscience of society.
US must provide assurances to the UK High Court before securing WikiLeaks founder Julian Assange’s extradition: UK High Court of Justice
The Court directed US to assure that Assange is allowed to rely on the First Amendment protections and is not prejudiced at trial by reason of his nationality, and that a death penalty is not imposed.
Rajasthan High Court entertains appeal despite prima facie view on non-maintainability under MSMED Act
Rajasthan High Court decided to entertain the appeal due to the significant question of the application’s maintainability.
W.B. Assembly Election 2021 | ‘Appellant seems to have lost interest in prosecuting the matter’; Calcutta High Court dismisses appeal
The instant matter is related to appeal against the writ petition challenging the election of respondent 14 to the West Bengal Assembly in the 2021 elections, based on falsifying his educational qualifications.
Calcutta High Court upholds public use presumption for pot dumping land; dismisses Permanent Injunction claim
“When damages have been paid for unlawful use of land then plaintiff, being a wrong doer, cannot claim equitable relief for wrongful use of such land, in respect of which he has no right, title, interest.”
‘No tax recovery can be made when GST Tribunal not constituted’; Patna HC imposes cost of Rs 5000 on GST Assessing Officer for ‘coercive’ tax recovery
“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”
Appeal against claim petition filed prior to enforcement of Motor Vehicles (Amendment) Act, 2019 entertainable as per unamended provision: Allahabad HC
“An amending statute cannot be read in a manner to take away, alter, abrogate, impair or extinguish vested rights acquired under existing laws, or create a new obligation, impose a new duty or attach a new disability, in respect of transactions already past”
Adjustment of entry tax paid on damaged cement against VAT liability not admissible under Bihar Entry Tax Act: Patna High Court
“If the goods are imported for any purpose other than consumption, use or sale within the State, then the importer has to prove how the goods imported were disposed of.”
Calcutta High Court upholds conviction under Section 363 of IPC, acknowledging victim’s age and established facts of abduction
Calcutta High Court concurred with the trial court’s decision to acquit the accused under Section 366 of IPC due to absence of evidence supporting sexual assault.
Calcutta High Court emphasises adherence to competent court’s order; set asides Tribunal decision on appeal’s maintainability
Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.
Not permissible for High Court to convert lesser offence to serious offence in sentence enhancement appeal: Himachal Pradesh High Court
“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”
“No Anticipatory bail when Investigating Officer does not intend to arrest”; Madhya Pradesh High Court directs cooperation in Investigation
Madhya Pradesh High Court warned the appellants of consequences, including contempt of court, for non-compliance with the directions.
Opening the SLP Floodgates Impacts Access to Justice
by Murali Neelakantan* and Gautam Narayan**
Cite as: 2023 SCC OnLine Blog Exp 81
Limitation period for appeals starts from date of Rectification Order when merged with Original Order: NCLAT
The NCLAT directed the Adjudicating Authority to hear and decide the application under Section 7 of the IBC expeditiously, treating it as not covered by Section 10A of the IBC.
Review Petition has limited purpose, cannot be allowed to be appeal in disguise: Supreme Court regurgitates law on scope of review
Supreme Court reiterated that a co-ordinate Bench cannot comment upon the judgment rendered by another co-ordinate Bench of equal strength and that subsequent decision or a judgment of a co-ordinate Bench or larger Bench by itself cannot be regarded as a ground for review.