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Appeal

Case BriefsHigh Courts

J&K | Appeal pending for 5 years with no chance being heard in near future is a ground for enlargement on bail

Jammu and Kashmir High Court: The Bench of Gita Mittal, CJ and Tashi Rabstan, J. allowed the application filed for seeking suspension

Published on February 15, 2019February 18, 2019By Bhumika Indulia
Leave a comment2206 views
Case BriefsHigh Courts

Ori HC | Application for additional evidence can be considered at the time of hearing of appeal

Orissa High Court: The Bench of Dr A.K. Rath, J. allowed the application filed for challenging the order of the District Court

Published on February 2, 2019February 5, 2019By Bhumika Indulia
1 Comment5658 views
Case BriefsForeign Courts

SL CA | No appeal preferred against an action wrongly decided renders the matter with same cause of action as res judicata

Sri Lanka Court of Appeal: This appeal was filed before a 2-Judge Bench comprising of A.H.M.D. Nawaz and E.A.G.R. Amarasekara, JJ. Facts

Published on January 10, 2019January 11, 2019By Bhumika Indulia
Leave a comment2908 views
Case BriefsHigh Courts

Appeal filed along with application for condonation of delay when dismissed is a decree within Section 2(2) CPC

Orissa High Court: A Single Judge Bench of Dr A.K. Rath, J., dismissed a writ petition challenging the order passed by the

Published on December 21, 2018December 24, 2018By Bhumika Indulia
4 Comments11543 views
Case BriefsHigh Courts

Appeal against an order allowed as the party obtaining the order gave up interest therein

Madras High Court: A Single Judge Bench comprising of N. Seshasayee, J., allowed an appeal on the ground that the respondent gave

Published on December 17, 2018December 28, 2018By Bhumika Indulia
Leave a comment2446 views
Case BriefsHigh Courts

Recovery Proceedings| Primary forum (DRT) being in Ernakulam, Kerala HC has supervisory jurisdiction over DRAT, Chennai

Kerala High Court: A Single Judge Bench comprising of Dama Seshadri Naidu, J. while hearing an original petition in a debt recovery

Published on December 4, 2018December 6, 2018By Bhumika Indulia
Leave a comment4896 views
Case BriefsHigh Courts

Appeal for setting aside an arbitration award: Not maintainable in the absence of cogent materials to show the default of the other party

Kerala High Court: A Division Bench of V. Chitambaresh, Satish Ninan, JJ., dismissed an appeal filed against the order of the lower

Published on November 6, 2018November 16, 2018By Bhumika Indulia
Leave a comment3237 views
Case BriefsSupreme Court

Incumbent upon Division Bench to record findings on all issues carried in intra-court appeal: SC

Supreme Court: A Bench comprising of A.M. Sapre and Indu Malhotra, JJ. allowed an appeal filed against the judgment of a Division Bench

Published on October 29, 2018October 31, 2018By Bhumika Indulia
Leave a comment3352 views
Case BriefsHigh Courts

Order closing right to lead evidence not “judgment”; no right to appeal thereagainst under Section 10 (1) Delhi HC Act, 1966: Delhi HC

Delhi High Court: A Division Bench comprising of Rajendra Menon, CJ. and V. Kameshwar Rao, J. dismissed an appeal against the order of

Published on October 25, 2018October 29, 2018By Bhumika Indulia
1 Comment9758 views
Case BriefsHigh Courts

No provision for exempting time lost due to ‘carelessness of counsel’ while computing limitation: Sikkim HC

Sikkim High Court: A Single Judge Bench comprising of Meenakshi Madan Rai, J.,decided an application for condonation of delay filed under Order

Published on June 29, 2018July 2, 2018By Bhumika Indulia
3 Comments3304 views
Case BriefsHigh Courts

Period of delay is not the criteria while considering application under Section 5 of Limitation Act

Delhi High Court: A Division Bench comprising of G.S. Sistani and Sangita Dhingra Sehgal, JJ., refused to condone a delay of 65

Published on June 28, 2018July 6, 2018By Bhumika Indulia
Leave a comment9241 views
Case BriefsHigh Courts

Section 17 of SARFAESI Act provides remedy before DRT against the order of District Magistrate

Madhya Pradesh High Court: In a matter arising under Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act,

Published on June 27, 2018June 27, 2018By Bhumika Indulia
Leave a comment15928 views
Case BriefsHigh Courts

No interference is warranted in an intra-court mandamus appeal unless there is palpable infirmity in the impugned judgment

Calcutta High Court: Biswanath Somadder, J. speaking for the Court comprising of himself and Arindam Mukherjee, J. dismissed an appeal challenging the

Published on June 15, 2018June 19, 2018By Bhumika Indulia
Leave a comment4485 views
Case BriefsHigh Courts

Mere filing of an appeal does not stay a decree passed by the lower court

Manipur High Court: A Single Judge Bench comprising of Ramalingam Sudhakar, CJ, dismissed a contempt petition filed against the Sub-Deputy Collector, Sawombung

Published on June 8, 2018June 25, 2018By Bhumika Indulia
Leave a comment8820 views
Case BriefsHigh Courts

An order of acquittal does not entail interference unless gross perversity is shown

Karnataka High Court: A Single Judge Bench comprising of Ravi Malimath, J., decided a criminal appeal filed by the State under Section

Published on February 26, 2018By Saba
Leave a comment2812 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC: Complaint liable to be dismissed, if filed beyond the period of limitation

National Consumer Dispute Redressal Commission:  The Commission held that if a complaint is filed beyond a period of two years from when

Published on December 19, 2017By Saba
Leave a comment10572 views
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT rejects appeal due to lack of evidence

National Company Law Appellate Tribunal: In the judgment delivered by S.J. Mukhopadhaya (Chairperson), AIS Cheema (Judicial Member) and Balvinder Singh (Technical Member)

Published on December 11, 2017December 11, 2017By Saba
Leave a comment4030 views
Case BriefsHigh Courts

Any inconvenience caused to a person for certain individual eventuality cannot be a reason to declare a provision illegal

Rajasthan High Court: A writ petition was filed to examine constitutional validity of Rule 63(4) of the Rajasthan Minor Mineral Concession Rules,

Published on October 26, 2017November 2, 2017By Saba
Leave a comment2959 views
Case BriefsHigh Courts

An appeal is a statutory remedy available to an ‘aggrieved person’ as a matter of right, it cannot be curtailed by narrow interpretation

Karnataka High Court: While passing the order in a writ petition filed under Articles 226 and 227 of the Constitution praying to

Published on July 31, 2017August 18, 2017By Saba
Leave a comment7532 views
Hot Off The PressNews

Coal Scam: Only Supreme Court can hear pleas challenging the orders of Special Courts

Supreme Court: Rejecting the plea of Naveen Jindal seeking permission to challenge the Trail Court’s order in Coal Scam, the 3-judge bench headed

Published on July 13, 2017By Prachi Bhardwaj
Leave a comment4204 views

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