appellate court Archives

Gujarat HC discusses NCPCR guidelines for conducting preliminary assessment under Section 15 of JJ Act

“The preliminary assessment is not a trial or just a simple routine task, but an exercise to assess the child’s capacity to commit and understand the consequences of the alleged crime. It decides the fate of the child in conflict with the law”.

Case Briefs High Courts

Gujarat HC sets aside orders for Juvenile’s trial as an adult; directs JJ Board to conduct fresh preliminary assessment

“JJ Board and the Children’s Court to conduct the preliminary assessment into heinous offences in a very meticulous way with the psychological evaluation, taking the assistance of experienced psychologist and medical specialist”.

Cases Reported Never Reported Judgments

Never Reported Judgment | Practice of merely agreeing with lower courts is not satisfactory; Appellate court should give clear indication of evidence it relies on [(1952) 1 SCC 432]

This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.

Case Briefs High Courts

Can the Insolvency Court adjudicate upon the validity of Sale Deed without Section 53 application under Provincial Insolvency Act? Andhra Pradesh High Court answers

The Andhra Pradesh High Court directed the Official Receiver to cancel the sale deed as the same was without application of Section 53 of Provincial Insolvency Act.

Case Briefs High Courts

A 138 NI complaint filed was barred by limitation but such issue was raised for the first time before the Appellate Court and not Trial Court; Read to know what Kar HC observed

Karnataka High Court: HP Sandesh J. dismissed the petition and upheld the judgment by the Appellate Court and further directed the complainant

Case Briefs Supreme Court

Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC

Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ

Case Briefs Foreign Courts

Subway Restaurant Robbery; Canada Court holds Appellate Court cannot not mechanically limit scope of re-trial to a particular theory of liability on a single charge

Supreme Court of Canada: The Bench comprising of Wagner C.J. and Moldaver, Côté, Brown, Rowe, Martin and Kasirer JJ., held that appellate

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

Guj HC | Appellate court’s reasoning of non-examination of scribe of Will wrong; Court allows appeal calling it serious error of law

Gujarat High Court: A.P. Thaker, J., allowed a petition which was filed aggrieved and feeling dissatisfied with the judgment and decree of

Case Briefs High Courts

Ker HC | HC upholds concurrent findings of conviction and sentence of Trial Court and Appellate Court sought to be set aside in revision petition

Kerala High Court: N.Anil Kumar, J., allowed the instant revision petition against the concurrent findings of the Trial Court and the Appellate

Case Briefs High Courts

Bom HC | In absence of an accused, can Appellate Court pronounce Judgment in an appeal against conviction? HC considers

Bombay High Court: Vibha Kankanwadi, J., observed that, “The practice of pronouncing Judgments in appeal against conviction in absence of the accused, thereby

Case Briefs High Courts

Utt HC | Appellate Court to interfere with discretionary power of trial court related to temporary injunctions, when the order is arbitrary or perverse

Uttaranchal High Court: A writ petition was entertained by Manoj K. Tiwari, J. where the petitioner was aggrieved by the order passed

Case Briefs High Courts

P&H HC | Litigants to exercise due diligence in pursuing remedy when judgment and decree already assailed before lower appellate court

Punjab and Haryana High Court: Amit Rawal J., dismissed the second appeal petition on the ground that there was no substantial question

Case Briefs High Courts

HP HC | When two reasonable conclusions are possible, the Appellate Court should not disturb the acquittal recorded by trial court

Himachal Pradesh High Court: Chander Bhusan Barowalia, J. dismissed a petition finding no merit in the appeal as when two reasonable conclusions are

Case Briefs High Courts

All HC | 3 months time for filing application under S. 28-A of Land Acquisition Act to start from date of award passed by Reference Court and not the Appellate Court

Allahabad High Court: This petition was filed by petitioners before the Division Bench of Pankaj Kumar Jaiswal and Dr Yogendra Kumar Srivastava,

Case Briefs Supreme Court

SC| Revisionary Court shouldn’t act like an Appellate Court

Supreme Court: Reminding the Courts of the scope of their powers, the bench of Abhay Manohar Sapre and Dinesh Maheshwari, JJ has

Case Briefs Supreme Court

SC| Appellant Courts should be careful while rejecting application for filing ‘crucial’ additional evidence

Supreme Court: In an appeal filed against the decision of the Allahabad High Court where it had rejected the application under Section

Case Briefs High Courts

Supervisory jurisdiction of High Court under Article 227 confined to examining if the lower court has proceeded within its jurisdiction

Karnataka High Court: A Single judge bench comprising of H.G. Ramesh, J. while hearing a civil writ petition against an interlocutory order

Case Briefs Supreme Court

Reproducing few passages from the trial Court order without analysis cannot be a ‘reasoned order’

Supreme Court: Discouraging the practice of the appellate courts of reproducing the passages of the lower court’s order without proper analysis, the