Appeal Archives

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

Case Briefs High Courts

Ori HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly

Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of Penal

Case Briefs High Courts

Chh HC | How is “doctrine of preponderance of probabilities” applied in cases relating to Motor Vehicle Act? Appeal Allowed

Chhattisgarh High Court: Parth Prateem Sahu J., set aside the impugned award and allowed the appeal by applying the doctrine of preponderance

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Calculation of Revenue found to be erroneous and high pitched; Tribunal allows appeal setting aside penalty S. 11AC read with R. 25 of Central Excise Rules

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member), allowed an appeal which was filed aggrieved by the judgment

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund under the provisions of S. 27A of Customs Act, 1962 does not arise; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Venkata Subba Rao (Technical Member) allowed an appeal which was filed against the

Case Briefs High Courts

Jhar HC | Loan by financial institutions is in the nature of ‘public money’; Writ Petition not maintainable as alternative remedy available under S. 17 of SARFAESI Act if aggrieved due to action taken by ‘State’ under S. 13/14 of the Act

Jharkhand High Court: Rajesh Shankar, J. dismissed the petition on grounds of non-maintainability. The facts of the case are such that the

Case Briefs Foreign Courts

SL SC | Preliminary objection overruled, no provision requiring the filing of objections in an appeal; Court allows appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Priyantha Jayawardena, PC, Murdu N.B. Fernando, PC, and

Case Briefs High Courts

Kar HC| Effect of compromise between complainant and accused in appeal reiterated; Appellant acquitted

Karnataka High Court: M.G. Uma, J., setting aside the conviction order by the fast track Court, allows compromise between the parties. The

Case Briefs High Courts

Jhar HC |‘Desertion’ has to be wilful and voluntary for a valid ground for divorce under S. 13 of Hindu Marriage Act, 1955; Legal principle “No one can take a benefit of his own fault” applied

Jharkhand High Court: A Division Bench of H.C. Mishra and Rajesh Kumar JJ., rejected the prayer and dismissed the appeal being devoid

Case Briefs High Courts

Raj HC | Allegation of woman set ablaze in view of dowry demand dismissed; Prosecution theory of homicidal death sheer exaggeration

Rajasthan High Court: A Division Bench of Sandeep Mehta and Kumari Prabha Sharma, JJ., dismissed the allegations of dowry demand, cruelty against the

Case Briefs High Courts

Del HC | “No exception to remedy against orders of custody under Domestic Violence Act”: Court dismisses S. 482 CrPC petition in view of S. 29 DV Act

Delhi High Court: Jyoti Singh, J., while addressing the maintainability and legality of a petition filed under Section 482 of Criminal Procedure Code,

Case Briefs High Courts

Del HC | Legislature provides remedy of Appeal under S. 29 of Protection of Women from Domestic Violence Act against all orders

Delhi High Court: Jyoti Singh, J., while addressing a matter with regard to “custody order” as being the primary relief, held that, Legislature

Case Briefs Foreign Courts

New Zealand SC rejects an appeal seeking access to carry out coal-mining in a water conservation reserve

Supreme Court of New Zealand: The Full Bench comprising of Winkelmann CJ, William Young, Glazebrook, O’Regan and Ellen France JJ., unanimously rejected

Case Briefs Foreign Courts

SL CoA | Application of writ should be filed without delay; Court dismisses appeal stating delay was without a valid reason

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Vasantha Kodagoda and Arjuna Obeyesekere, JJ., dismissed