30 January 2023


Search Results for Tag : Appeal

Notifications & Circulars

CBDT Initiatives for reducing tax litigation(15.12.2015)

The Central Board of Direct Taxes released a Circular revising monetary limits for filing of appeals by the Department with the objective of reducing .....

Tags : Cbdt, tax appeal, revised limits

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Income-tax (3rd Amendment) Rules, 2016(01.03.2016)

The Central Board of Direct Taxes notified Income-tax (3rd Amendment) Rules, 2016 amending the Income-tax Rules, 1962. The Rules substitute provisions.....

Tags : income tax, appeal, form 35

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CBDT dedicates fortnight for pending appeal effect - rectification matters(07.06.2018)

Redressal of public grievances and taxpayer service is an area of top priority for the CBDT and the Income Tax Department. In this connection, a fortn.....

Tags : Public grievances, Redressal, Pending appeals

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International Cases

Applicant can appeal to Commissioner on establishing an arguable case that, the appeal tribunal has erred in law(18.07.2017)

Present is a claimant's application for leave to appeal from the decision of an appeal tribunal sitting at Craigavon. In instant case, Applicant claim.....

Tags : Leave to appeal, Arguable case, Grant

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Applicant for grant of special leave to appeal must show that there are special circumstances which merit a further appeal to the court(05.09.2022)

Present is an appeal against the refusal by the high court of the Appellant’s application for leave to appeal to that court against his conviction and.....

Tags : Conviction, Leave to appeal, Grant

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An accused released on warning who fails to appear, shall be guilty of an offence and liable to the punishment(19.08.2020)

The issue in present appeal, with the special leave of this Court, is whether the Appellant’s petition for leave to appeal in terms of Section 309C of.....

Tags : Conviction, Leave to appeal, Grant of

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Blast from the Past

Supreme Court clears confusions about infant Rajasthan High Court’s competence(07.10.1965)

Fifty years ago the Supreme Court faced the unique dilemma of telling a still ‘young’ Rajasthan High Court to become besotted with its appellate autho.....

Tags : High court, appeal, finality, rajasthan

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Supreme Court clears confusions about infant Rajasthan High Court’s competence(07.10.1965)

Fifty years ago the Supreme Court faced the unique dilemma of telling a still ‘young’ Rajasthan High Court to become besotted with its appellate autho.....

Tags : High court, appeal, finality

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Warranting appeal from decision of a Single Judge(10.09.1952)

Whether a High Court can sit in appeal against an order passed under Article 226 of the Constitution of India by a Single Judge of the same court has .....

Tags : Single judge, appeal, maintainability, letters patent

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Judgments

High Court cannot proceed to hear a second appeal without formulating the substantial question of law(01.09.2017)

Respondent No. 1-Plaintiff filed a suit for perpetual injunction against the Defendants restraining them from interfering with the peaceful possession.....

Tags : Question of law, Formulation, Second appeal

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An appeal shall lie only from the final order passed by a Court(15.09.2017)

The present writ petition has been filed challenging the order passed by the learned Financial Commissioner in Revision Petition whereby the learned F.....

Tags : Proceedings, Appeal, Maintainability

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Leave to appeal cannot be rejected on ground that, judgment of Trial Court could not be termed as perverse(11.08.2017)

In present application, the parameters of judicial consideration while deciding an application for leave to appeal against the judgment of acquittal i.....

Tags : Leave to appeal, Grant

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Restriction placed on a second marriage would not apply to a case where parties have settled and decided not to pursue the appeal(24.08.2018)

By present appeal, Appellant is impugning the judgment of High Court set aside the judgment of the Family Court and allowed the appeal of the Responde.....

Tags : Second Marriage, Restriction, Pendency, Appeal

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Appeal against Single Judge order for further criminal investigation not maintainable(19.11.2015)

The Orissa High Court held that an appeal against a Single Judge judgment directing further investigation in a criminal investigation was not maintain.....

Tags : Appeal, single judge, maintainability, criminal

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Tribunal’s order cannot be directly challenged in the Supreme Court(15.10.2019)

In facts of present matter, the State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011. Under this Act, in the hierarchy of adjudicatin.....

Tags : Direct appeal, Supreme Court, Maintainability

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DRAT cannot entertain appeal under Section 18 of SARFAESI Act without insisting on pre- deposit(02.03.2020)

The basic facts are that the Respondent No. 1 stood guarantee and mortgaged its property for repayment of loan availed by Respondent Nos. 4 and 5. The.....

Tags : Pre-deposit, Requirement, Entertainment, Appeal

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Reference to factual aspects in Second Appeal by the High Court to raise and conclude on question of law does not mean that evidence has been re-appreciated(02.09.2021)

The Plaintiff filed the suit seeking the relief of perpetual injunction to restrain the Defendants from interfering with the peaceful possession and e.....

Tags : Facts, Reference, Second appeal

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High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion(29.11.2021)

Present appeal is preferred against the order passed by the High Court in Regular Second Appeal whereby the High Court had dismissed the appeal in lim.....

Tags : Appeal, Dismissal, Legality

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In a tax matter, when a statutory remedy of appeal is available, the High Court should not entertain the writ petition(14.10.2022)

In facts of present case, by an Assessment Order, the Assessing Officer denied the Input rebate under Section 14 of the Madhya Pradesh Value Added Tax.....

Tags : Statutory appeal, Remedy, Availment

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Orders passed by NCDRC in exercise of its jurisdiction are subject to appeal before the Supreme Court(07.11.2017)

Present appeals have been brought before this Court invoking Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, as amended by Arbitration.....

Tags : Disputes Redressal, Appeals, Maintainability

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No automatic grant of interim stay in appeal against externment(14.06.2016)

Courts cannot grant interim stay in instances of appeal against an externment order under the Bombay Police Act 1951 as a matter of policy, a full ben.....

Tags : bombay police, externment, interim stay, appeal

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News

Victim Entitled to File Appeal Without Leave of the Court Against Accused Acquittal, Delhi HC(17.04.2019)

Delhi High Court has stated that a victim of an offence or his/her legal heirs and guardian are entitled to challenge an order of acquittal or convict.....

Tags : Delhi High Court, Appeal Without Leave

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Victim Entitled to File Appeal Without Leave of the Court Against Accused Acquittal: Delhi HC(17.04.2019)

Delhi High Court has stated that a victim of an offence or his/her legal heirs and guardian are entitled to challenge an order of acquittal or convict.....

Tags : Delhi High Court, Appeal Without Leave

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Delhi HC: Any Affected Party May Prefer Appeal Against Order Of Tribunal Under Senior Citizen Act(17.03.2021)

Delhi High Court has held that any person, affected by an order passed by a Maintenance Tribunal under the Maintenance and Welfare of Parents and Seni.....

Tags : Delhi High Court, Appeal Against Order Of Tribunal

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SC: Delay in Filing Appeals Beyond 90, 60 or 30 Days Can be Condoned(22.03.2021)

Supreme Court has overruled its 2019 verdict in the case M/s NV International vs State of Assam which had strictly held that a delay of more than 120 .....

Tags : Supreme Court, Delay in Filing Appeals

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SC: Mere Filing of Appeal Does Not Operate as Stay of Decree Under CPC(30.01.2023)

Supreme Court has held that keeping in view the provisions as contained in Order 41 Rule 5 of CPC, unless the appeal is listed and there is an interim.....

Tags : Supreme Court, CPC, Stay, Appeal

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Bombay High Court Criticises BJP City Chief Over Banner Appeals in Newspapers(14.08.2015)

Bombay High Court has criticised public appeal published by BJP City Chief Ashish Shelar to party workers not to put up illegal banners and hoardings .....

Tags : Bombay High Court,BJP City Chief Ashish Shelar,Banner Appeals in Newspapers

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Supreme Court: When Does Death Of A Co-Appellant Result In The Abatement Of Appeal(08.05.2019)

Supreme Court has observed that if the decree is joint and indivisible and that the situation is such which would lead to irreconcilable decrees betwe.....

Tags : Supreme Court, Abatement, Appeal

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Apex Court: ‘Substantial Question Of Law' Requirement Not Mandatory in Second Appeals Before P&H HC(20.05.2019)

Supreme Court has observed that "Insofar as the State of Punjab is concerned, a second appeal does not require formulation of a substantial question o.....

Tags : Apex Court, Second Appeal

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Federal Court of Appeals Upholds Block on Trump's Travel Ban(29.05.2017)

Virginia-based 4th Circuit Court of Appeals has upheld a lower Court ruling against President Donald Trump’s revised executive order banning entry to .....

Tags : Federal Court of Appeals, Trump's Travel Ban

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SC: Persons Putting Out Public Appeals Through Social Media Cannot be Targeted Through Arrests(04.05.2021)

Supreme Court has sent a strong message that persons who are putting out public appeals for help in social media during the COVID-19 crisis cannot be .....

Tags : Supreme Court, Persons Putting Out Public Appeals Through Social Media

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Cisco Wins U.S. Patent Dispute over Wifi Technology(29.12.2015)

A U.S. Appeals Court has cleared Cisco Systems Inc of infringing another company's wifi technology, reversing a near $64-million judgement against the.....

Tags : U.S. Appeals Court, Cisco Systems Inc, wifi technology, patent

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Electronic Filing of First Appeal before CIT (Appeals)(31.12.2015)

Electronic filing of appeal before CIT(Appeals) has been made mandatory for persons who are required to file the return of income electronically. The .....

Tags : CIT(Appeals), Electronic filing

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SC: Appellate Authority Cannot Override Statutory Requirements of Pre-Deposit to Maintain Appeal(19.09.2019)

Supreme Court while upholding Section 62(5) of Punjab Value Added Tax Act, 2005 has observed that the Appellate Authority cannot override statutory re.....

Tags : SC, Appeal

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Karnataka HC Directs State to Correct Practice of Giving Opinion for Filing Appeals Against Acquittal(22.06.2021)

Karnataka High Court has directed the state government to correct the practise followed by the prosecution department of commencing the work of giving.....

Tags : Karnataka High Court, Practice of Giving Opinion for Filing Appeals Against Acquittals

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Ninth Circuit Sets Fair Use Guideline through YouTube ‘Dancing Baby’ Copyright Ruling(24.09.2015)

On clash over copyright in “dancing baby” case, United States Court of Appeals for Ninth Circuit, in San Francisco has held that copyright holder mu.....

Tags : nited States Court of Appeals for Ninth Circuit, “dancing baby” case

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SC: Court Cannot Dismiss Appeal Filed by Accused on Default of Advocate of Accused(18.08.2021)

Supreme Court has observed that a Court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate .....

Tags : Supreme Court, Appeal Filed by Accused

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CBDT Increases Monetary Limit for Court Appeal by Income Tax (I -T) Department(14.12.2015)

Central Board of Direct Taxes (CBDT) in order to cut down on frivolous litigation and taxpayers grievances, has issued fresh directions revising monet.....

Tags : Central Board of Direct Taxes, Monetary Limit for Court Appeal

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Supreme Court: Second Appeal not to be Rejected Merely on Ground of 'Concurrent Findings'(16.08.2019)

Supreme Court has ruled that a High Court cannot reject a second appeal merely on the ground that there is a concurrent finding of two Courts (whether.....

Tags : Supreme Court, Second Appeal

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Karnataka HC: Right to Appeal Extends to Persons Other Than Senior Citizens(10.08.2021)

Karnataka High Court has declared that the right to appeal against an order passed by the Assistant Commissioner under the provisions of the Maintenan.....

Tags : Karnataka High Court, Right to Appeal

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SC Imposes Cost of Rs. 1 lakh on Central Government for Frivolous Appeal Against Retired Soldier(16.04.2018)

SC has imposed costs of Rs. 1 lakh on Central Govt. for filing an appeal against a former soldier, Naik Balbir Singh when similar appeals had already .....

Tags : Supreme Court, Frivolous Appeal, Cost

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SC: Appeal Against Composite Sentence of Imprisonment and Fine Does Not Abate on Death of Accused(22.01.2020)

Supreme Court has observed that, if the Accused-Appellant dies during the pendency of a criminal appeal against a composite sentence of imprisonment a.....

Tags : Supreme Court, Appeal against Composite Sentence of Imprisonment and Fine

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Supreme Court: Appeal Cannot be Disposed of Without Trial Court Record(18.10.2019)

Supreme Court has set aside a Delhi High Court judgment which disposed of a criminal appeal without the record the lower Court before it. The Apex Cou.....

Tags : Supreme Court, Appeal

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Bombay High Court Grants NIA Time to Respond in Anand Teltumbde's Bail Appeal(21.10.2021)

Bombay High Court has granted the National Investigation Agency (NIA) two weeks to respond to Dalit scholar Anand Teltumbde's bail appeal. The Court h.....

Tags : Bombay High Court, Anand Teltumbde's Bail Appeal

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SC: Claimant's Cross Objection Maintainable in Insurer's Appeal Against Award(31.01.2020)

Supreme Court has held that claimant in a motor accident compensation case can file cross-objections in an appeal filed by the insurer against the awa.....

Tags : Supreme Court, Cross Objection in Insurer's Appeal Against Award

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Kerala HC: Appeal Against Ad-Interim Order in Pending Writ Petition Not Maintainable(01.11.2021)

Kerala High Court has reaffirmed that an appeal to a Division Bench cannot lie against an ad interim order passed by a Single Judge when the main writ.....

Tags : Kerala High Court, Appeal Against Ad-Interim Order

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SC: Second Appeal Cannot be Rejected on Merits when Appellant is Unrepresented on Day for Hearing(16.12.2019)

Supreme Court has observed that a High Court cannot reject a second appeal on merits when the Appellant is unrepresented on the date fixed for hearing.....

Tags : SC, Second Appeal

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Bombay HC: Not Necessary to Hear Respondents at Time of Admission of Second Appeal(25.08.2021)

Bombay High Court has held that it is not necessary to hear the respondents at the time of admission of the second appeal filed under Section 100 of t.....

Tags : Bombay High Court, Hearing of Respondents at Time of Second Appeal

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Karnataka HC: Right to Appeal Under Maintenance Act Conferred on Both Sides(27.08.2021)

Karnataka High Court has said that the right to appeal under Section 16 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2002 is.....

Tags : Karnataka High Court, Right to Appeal Under Maintenance Act

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Patna HC: No Provision Providing for Right to Appeal by Victim Seeking Enhancement of Sentence(31.08.2021)

Patna High Court has observed that there is no provision under the Code of Criminal Procedure, 1973 which provides for a right to appeal by the 'victi.....

Tags : Patna High Court, Right to Appeal by Victim

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NGT Imposes 14-Lakh Fine on Appellant Who Filed False Appeal(08.01.2016)

National Green Tribunal (NGT) has imposed fine of Rs 14 lakh on an appellant and issued directions to file a criminal complaint against him for filin.....

Tags : National Green Tribunal (NGT) , false appeal

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SC: Party Not Barred from Raising New Grounds to Set Aside Award in Section 37 Appeal(09.11.2021)

Supreme Court has observed that a party is not barred from raising an additional ground for setting aside an arbitration award in arbitration appeal u.....

Tags : Supreme Court, Grounds to Set Aside Award in Section 37 Appeal

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SC: High Court in Appeal u/s 374(2) CrPC Has to Independently Evaluate Entirety of Evidence(12.11.2021)

Supreme Court has reiterated that a High Court in a criminal appeal under Section 374(2) of Code of Criminal Procedure, 1973 is duty bound to consider.....

Tags : Supreme Court, Appeal u/s 374(2) CrPC

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SC: Appeal Against Award Passed by Compensation Commissioner Only on Substantial Question of Law(15.11.2021)

Supreme Court has observed that an appeal against the award passed by Compensation Commissioner is maintainable only on a substantial question of law .....

Tags : Supreme Court, Appeal Against Award Passed by Compensation Commissioner

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SC Issues Notice to Centre over PIL on Establishing National Court of Appeal(26.02.2016)

Supreme Court has sought response from Centre on a PIL seeking setting up of National Court of Appeal with regional benches in major cities to decide .....

Tags : Supreme Court, Centre , National Court of Appeal

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Samsung Wins Longstanding Patent Dispute with Apple(29.02.2016)

US Court of Appeals for the Federal Circuit in Washington, DC has overturned a $120 million jury verdict against Samsung and held that Samsung Electro.....

Tags : US Court of Appeals, Samsung Electronics Co. Ltd, Apple

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Supreme Court: Drastic Steps Must to Cut Delays in Criminal Appeals(07.02.2018)

Supreme Court has said that "drastic measures" are required to cut long delays in deciding criminal appeals, and contemplated a time frame for wrappin.....

Tags : Supreme Court, Criminal Appeals

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Supreme Court Favors Fixing Time-Frame for Criminal Appeals(15.02.2018)

Supreme Court has said that steps were required to ascertain criminal cases did not remain pending for decades, which forces the accused to remain in .....

Tags : Supreme Court, Criminal Appeals

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Delhi High Court: Date of Order of Appeal to Commissioner of Income Tax Considered as Relevant Date(10.01.2020)

Delhi High Court has held that the period of limitation under Section 150 of the Income Tax Act, 1961 would be considered from the date of order of ap.....

Tags : Delhi High Court, Appeal

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SC: High Court Cannot Dismiss Second Appeal in Limine Without Assigning Reasons(30.11.2021)

Supreme Court has remitted a matter back to the High Court for fresh consideration, holding that a High Court cannot dismiss a second appeal filed und.....

Tags : Supreme Court, Second Appeal in Limine

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SC to Set Up Constitution Bench over National Court of Appeal(15.03.2016)

Supreme Court has decided to set up a five-judge Constitution Bench to debate the establishment of National Court of Appeal.

Tags : Supreme Court, National Court of Appeal

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CIC Junks Need Of Hard Copies For Online Appeals(16.03.2016)

Central Information Commission (CIC) has done away with the mandatory provision of sending signed hard copy of appeals through post even though the ap.....

Tags : Central Information Commission , Online Appeals

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SC: Jurisdiction of High Court Hearing An Arbitration Appeal Is Distinct from First Appellate Court(16.11.2021)

Supreme Court has observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the Hi.....

Tags : Supreme Court, Jurisdiction of High Court Hearing An Arbitration Appeal

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Bombay High Court Rejects Tarun Tejpal's Plea for In-Camera Hearing of Rape Case Appeal(25.11.2021)

Bombay High Court has rejected an application moved by journalist Tarun Tejpal under Section 327 of the Code of Criminal Procedure, 1973 for conductin.....

Tags : Bombay High Court, In-Camera Hearing of Rape Case Appeal

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Supreme Court Refers Plea for National Court of Appeals to Constitution Bench(13.07.2016)

SC has referred to the Constitution Bench a plea seeking setting up of National Court of Appeal with regional benches in major cities for deciding cas.....

Tags : SC , Constitution Bench , National Court of Appeal

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SC: No Statutory Appeal Against Order u/s 14B of Maharashtra Village Panchayats Act(06.01.2022)

Supreme Court has held that no statutory appeal lies against an order passed under Section 14B(1) of the Maharashtra Village Panchayats Act, 1959, ref.....

Tags : Supreme Court, Appeal Against Order u/s 14B of Maharashtra Village Panchayats Act

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SC: Victim's Right to Appeal Against Acquittal Absolute, Not Necessary to Obtain Special Leave(27.01.2022)

Supreme Court has observed that the right provided to the victim to prefer an appeal against the order of acquittal is an absolute right and there is .....

Tags : Supreme Court, Victim's Right to Appeal

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Supreme Court Sets Aside HC Order Condoning Delay of 1011 Days in Filing Second Appeal(21.12.2021)

Supreme Court has set aside a High Court's order condoning a huge delay of 1011 days in preferring a second appeal in a case where no sufficient or sa.....

Tags : Supreme Court, Delay of 1011 Days in Filing Second Appeal

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Karnataka HC: Provision of Appeal Under DV Act Does Not Take Away Right to Approach HC(22.12.2021)

Karnataka High Court has held that the provision of Appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 does not take .....

Tags : Karnataka High Court, Provision of Appeal Under DV Act

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U.S. Appeals Court Upholds Obama Administration’s Net Neutrality Rules(15.06.2016)

A U.S. Appeals Court has upheld Obama administration’s net neutrality rules, backing the Federal Communications Commission’s definition of the interne.....

Tags : U.S. Appeals Court , Obama Administration’s Net Neutrality Rules

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Delhi HC: 'Dummy' Appeal Filed Without Award Copy is Non-Est; Cannot Extend Limitation(23.03.2020)

Delhi High Court has held that filing of 'dummy' appeals under Section 34 of Arbitration and Conciliation Act, 1996 without the copy of the impugned a.....

Tags : Delhi High Court, Dummy Appeal Without Award Copy

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Gauhati HC Dismisses Appeal Against Order of Trial Court to Condone Delay in Arbitration Appeal(09.02.2022)

Gauhati High Court has dismissed an appeal filed by the Union of India against an order of the trial Court refusing to condone the delay in filing an .....

Tags : Gauhati High Court, Condone Delay in Arbitration Appeal

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SC: Payment of 50% Amount to File Appeal Not Applicable Prior to Consumer Protection Act(16.02.2022)

Supreme Court has held that the onerous condition of payment of 50% of the amount awarded to file appeal against National Consumer Dispute Redressal C.....

Tags : Supreme Court, Filing of Appeal

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Jharkhand HC: Section 19 (2) Bars Appeal from Decree Passed with Consent of Parties(16.02.2022)

Jharkhand High Court recently held that Section 19(2) of the Family Courts Act, 1984 is akin to the provision under Section 96(3) of the Code of Civil.....

Tags : Jharkhand High Court, Appeal from Decree

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Allahabad HC: Once Case Transferred, Appeal Against Order Shall Lie in Transferee High Court(22.02.2022)

Allahabad High Court has held that once in exercise of its powers under Section 406 of Code of Criminal Procedure, 1973, the Supreme Court transfers a.....

Tags : Allahabad high Court, Transfer of Case, Appeal

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Additional ‘Substantial Questions of Law’ Can Only Be Framed at the Time of Hearing: SC(16.05.2018)

Supreme Court has observed that the High Court can frame additional substantial questions of law in the second appeal only during the hearing and not .....

Tags : Supreme Court, Second Appeal

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SC: DRAT Cannot Entertain Appeal u/s 18 SARFAESI Act Without Insisting on Pre- Deposit(03.03.2020)

Supreme Court has observed that the Debt Recovery Appellate Tribunal cannot entertain an appeal under Section 18 of the Securitisation and Reconstruct.....

Tags : Supreme Court, Appeal before Debt Recovery Appellate Tribunal

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Allahabad HC: Special Leave to Appeal Can be Granted When View of Acquitting Judge Is Unreasonable(04.03.2022)

Allahabad High Court has observed that special leave to appeal as envisaged under Section 378(4) of the Code Of Criminal Procedure, 1973 (CrPC) could .....

Tags : Allahabad High Court, Special Leave to Appeal

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ITAT, Cochin: Financial Crisis and Labour Unrest Sufficient Reasons to Condone Delay in Filing Appeal(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Cochin has held that the reasons such as financial crisis and labour unrest are enough grounds for condoning the.....

Tags : Income Tax Appellate Tribunal, Condone Delay in Filing Appeal

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ITAT, Ahmedabad Imposes Penalty on Assessee for Delay in Filing Appeal and Non-Appearance(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has imposed a penalty of Rs. 5000 on an Assessee on the grounds of a delay of 358 days in filing an ap.....

Tags : Income Tax Appellate Tribunal, Penalty on Assessee for Delay in Filing Appeal

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Supreme Court: Marriage Contracted During Pendency of Appeal from Divorce Decree Not Void(24.02.2020)

Supreme Court has observed that a marriage contracted during the pendency of an Appeal from a divorce decree is not void ab initio especially when suc.....

Tags : Supreme Court, Marriage Contracted During Pendency of Appeal from Divorce

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Punjab & Haryana High Court Issues Directions for Filing of Regular Second Appeals(24.02.2020)

Punjab and Haryana High Court have laid down rules for the filing of Regular Second Appeals, to enable easier understanding of the facts of the case. .....

Tags : Punjab & Haryana High Court, Filing of Regular Second Appeals

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Bombay HC: High Court Office to Accept Appeals by Advocates Appointed by Legal Aid or Court(01.04.2022)

Bombay High Court has observed that the High Court Office must accept appeals filed by advocates appointed by the Legal Aid Service Authority or the C.....

Tags : Bombay High Court, High Court, Legal Aid Service Authority, Acceptance of Appeals

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Apple Wins Appeal Reinstating $120 Million Patent Win over Samsung(10.10.2016)

A US federal appeals court has reinstated a $120 million jury award for Apple Inc against Samsung, marking the latest twist in the fierce patent war b.....

Tags : Samsung, Appeal , Patent

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SC: Strangers Cannot File Appeal Unless They Satisfy Court That They are 'Aggrieved Persons’(24.08.2020)

Supreme Court has observed that strangers cannot be permitted to file an appeal under Section 96 of the Code of Civil Procedure, 1908 unless he satisf.....

Tags : Supreme Court, Filing of Appeal by Strangers

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Patna HC to Registry: Identify All Appeals Pending Before High Court U/S 374(4) & 377(4) CrPC(27.06.2022)

Patna High Court has directed the Registry to take all necessary measures to identify those appeals which are pending before High Court and are covere.....

Tags : Patna High Court, Registry, Appeals

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ITAT Condones Delay of 931 Days in Filing Appeal(28.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench while condoning delay of 931 days in filing appeal by the assessee, has held that the delay was due t.....

Tags : ITAT, Delay, Appeal

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Madras HC Requests Centre & Insurance Companies to Consider Withdrawing Appeals(13.05.2020)

Madras High Court has requested the Government and various insurance companies to consider withdrawing pending appeals against the awards passed by Mo.....

Tags : Madras High Court, Withdrawing Appeals

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Bombay HC to Resume Physical Hearing of Criminal Appeals Only(26.08.2020)

Bombay High Court has notified a special procedure for physical hearing of criminal appeals only from 31st August, 2020 to 15th September, 2020 for th.....

Tags : Bombay High Court, Physical Hearing of Criminal Appeals

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SC: Appeal Against NCDRC Order Passed in Execution Proceedings Not Maintainable(02.09.2020)

Supreme Court has observed that an appeal before it against an order which has been passed by the National Consumer Disputes Redressal Commission in t.....

Tags : Supreme Court, Appeal Against NCDRC Order

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Bombay HC: Appeal from Order Passed by CESTAT on Rates of Duties Would Lie Before Supreme Court(15.04.2022)

Bombay High Court has ruled than an appeal from an order passed by the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), involving the questi.....

Tags : Bombay High Court, Appeal from Order Passed by CESTAT, Rates of Duties

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Delhi HC: S.148 NI Act Will Extend to Appeals Out of Complaint Filed Prior to 2018 Amendment(19.05.2022)

Delhi High Court has observed that the applicability of Section 148 of the Negotiable Instruments Act, 1881 will be extended to appeals arising out of.....

Tags : Section 148 Negotiable Instruments Act 1881, Appeals, 2018 Amendment

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Delhi HC Dismisses Appeal Against Microsoft; No Royalty on Licensing of Software(23.05.2022)

Delhi High Court while dismissing an appeal filed by the department upheld the ITAT order that licensing of Microsoft’s software products in India by .....

Tags : Delhi High Court, Appeal, Microsoft, Royalty

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Delhi HC: High Court Cannot Exercise Power When Remedy of Statutory Appeal Exists(29.07.2020)

Delhi High Court has held that High Court cannot entertain the Petition in its extraordinary power under Section 482 of the Code of Criminal Procedure.....

Tags : Delhi High Court, Statutory Appeal

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SC: Special Leave to Appeal Against HC Judgment Enforcing Foreign Award Only on Narrow Ground(15.10.2020)

Supreme Court has observed that an appeal under Article 136 of the Constitution of India, 1949 against a High Court judgment that recognizes and enfor.....

Tags : Supreme Court, Special Leave to Appeal

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P&H HC Repels Challenge Against Pre-Deposit Condition for Appeal Under Section 43(5) Of RERA(19.10.2020)

Punjab and Haryana High Court has repelled the challenge against the constitutionality of the condition for pre-deposit prescribed under Section 43(5).....

Tags : Punjab and Haryana High Court, Pre-Deposit Condition for Appeal

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Delhi HC Issues Notices in Plea Challenging 'Faceless Income Tax Appeal Scheme 2020'(20.10.2020)

Delhi High Court has issued a notice to Union of India and Income Tax Department on a petition challenging the 'Faceless Income Tax Appeal Scheme, 202.....

Tags : Delhi High Court, Faceless Income Tax Appeal Scheme 2020

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SC: Court Hearing First Appeal in Criminal Matter Required to Form Its Own Opinion(21.10.2020)

Supreme Court has reiterated that the Court hearing First Appeal in criminal matters required to form its opinion on the basis of the evidence on reco.....

Tags : Supreme Court, Court Hearing First Appeal in Criminal Matter

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Bombay HC: Now File Appeal Against Family Court’s Divorce Decree Within 90 Days(08.12.2016)

Bombay High Court has held that a warring Hindu couple now has 90 days, not 30, to file an appeal against a divorce decree granted by a Family Court.

Tags : Bombay High Court, appeal, Family Court, divorce decree

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Delhi HC Issues Notice in ED, CBI's Applications Seeking Early Hearing in 2G Spectrum Appeals(11.09.2020)

Delhi High Court has issued notice in applications moved by Enforcement Directorate and Central Bureau of Investigation seeking early hearing in 2G sp.....

Tags : Delhi High Court, 2G Spectrum Appeals

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Rajasthan HC: No Appeal Lies Against Issuance of Arms License(10.08.2022)

Rajasthan High Court has held that there is no provision where appeal can be entertained under Section 18 of the Arms Act against an order of issuance.....

Tags : Rajasthan High Court, Arms Act, Appeal

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ITAT: Income Tax Appeal Not Maintainable During the Course of IBC Proceedings(16.08.2022)

Income Tax Appellate Tribunal (ITAT), Hyderabad Bench has held that an Income tax appeal is not maintainable during Insolvency and Bankruptcy Code (IB.....

Tags : ITAT, Income Tax Appeal, IBC

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Allahabad HC: S.372 CrPC Proviso Providing Substantive Right of Appeal Isn't Retrospective in Nature(17.08.2022)

Allahabad High Court has held that the amendments made in Section 372 Code of Criminal Procedure (CrPC) by adding a proviso in the year 2009, creating.....

Tags : Allahabad High Court, Substantive Right, Appeal, Retrospective

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Cal. HC: One-Line Order dismissing Appeal on Ground of Delay in Filing is Invalid(18.08.2022)

Calcutta High Court has held that the one-line order dismissing an appeal on ground of delay in filing without discussing the merits of the case shall.....

Tags : Calcutta High Court, Appeal, Invalid. GST

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SC: Appeal Against Conviction Cannot be Dismissed on Ground That Convict is Absconding(15.07.2022)

Supreme Court has held that an appeal filed under Section 374 of the Code of Criminal Procedure by the accused against his conviction cannot be dismis.....

Tags : Supreme Court, Appeal, Absconding

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Mandatory for HC to Frame Substantial Question in Second Appeal Even if Earlier Findings Perverse: SC(04.02.2019)

Supreme Court has observed that it is obligatory for a High Court, while considering a Second Appeal, to frame substantial question of law in second a.....

Tags : Supreme Court, Second Appeal

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SC: Release Convicts on Bail Who've Completed 10 Years of Sentence & Appeals Won't Be Heard Soon(16.09.2022)

Supreme Court has held that all persons who have completed 10 years of sentence, and whose appeals will not be heard in the near future, should be enl.....

Tags : Supreme Court, Bail, Appeals

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HC can’t Go Beyond Decree of Trial Court While Dismissing Appeal in Absence of Cross Appeal: SC(18.12.2018)

Supreme Court has observed that, while dismissing an appeal filed by a defendant, the high court could not pass any further order beyond the judgment .....

Tags : Supreme Court, HC can’t Go Beyond Decree of Trial Court While Dismissing Appeal in Absence of Cross Appeal

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Delhi High Court Rejects Challenge to CBI Appeal Against 2G Verdict(23.11.2020)

Delhi High Court has dismissed pleas challenging the legality of the Central Bureau on Investigation (CBI) appeal against the trial court's 2G verdict.....

Tags : Delhi High Court, CBI Appeal Against 2G Verdict

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SC: Intra-Court Appeal Does Not Lie Against All Interim Orders in an Admiralty Suit(26.09.2022)

Supreme Court has held that an appeal does not lie to the Commercial Appellate Division of the High Court from an order of the Commercial Division (Si.....

Tags : Supreme Court, Admiralty Suit, Appeal

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Supreme Court Says ‘No’ to Intra Court Appeal in Criminal Matters(22.03.2017)

Supreme Court has held that an appeal to Division Bench of High Court is not maintainable against an order or judgment passed by Single Judge in a cri.....

Tags : Supreme Court, High Court, intra court appeals

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AAAR, Karnataka: Appeal Against Advance Ruling May be Made Within 30 days(23.02.2021)

Appellate Authority of Advance Ruling (AAAR), Karnataka has ruled that advance ruling may be appealed before the Appellate Authority within a period o.....

Tags : Appellate Authority of Advance Ruling, Appeal Against Advance Ruling

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Madras HC: Only Senior Citizens Entitled to File Appeal Under Senior Citizen Act(24.02.2021)

Madras High Court has held that only senior citizens/ parents are entitled to file an appeal against an order passed by the Tribunal under the Mainten.....

Tags : Madras High Court, Filing Appeal

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Bombay HC: Civil Appeal May be Filed Against Family Court's Order Under Domestic Violence Act(01.03.2021)

Bombay High Court has held that the reliefs canvassed under Sections 19 to 22 of the Domestic Violence Act, 2005 are predominantly of the civil nature.....

Tags : Bombay High Court, Civil Appeal

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Delhi HC: Tribunal Cannot Dismiss Appeal Merely for Want of Non-Prosecution(02.03.2021)

Delhi High Court has ruled that the tribunal cannot dismiss the Appeal merely for want of Non-Prosecution. The Court has opined that the order of the .....

Tags : Delhi High Court, Dismissal of Appeal

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Delhi HC Directs Registry to List All Commercial Appeals Before Commercial Appellate Division(29.01.2021)

Delhi High Court has directed its Registry to list all commercial appeals from district Court orders before the Commercial Appellate Division Benches......

Tags : Delhi High Court, Listing of Commercial Appeals

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Delhi HC: Appeal Against Orders of Patent Office Would Lie Before High Court(11.11.2022)

Delhi High Court has held that after enactment of Tribunal Reforms Act 2021, appeals challenging order of Patent Office would lie before concerned Hig.....

Tags : Delhi High Court, Patent Office, Appeal

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U.S. Court of Appeals Affirmes that Everlight Electronics Have Infringed Three Nichia Patents(15.05.2017)

United States Court of Appeals for Federal Circuit has affirmed a District Court decision holding that Everlight Electronics Co., Ltd. and Everlight A.....

Tags : U.S. Court of Appeals, Nichia Patents

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U.K. Court Rejects Nestle’s Trademark Claims Regarding Kit Kat Bar’s Shape(18.05.2017)

Court of Appeal in London have stuck two fingers up to Nestle's attempts to trademark the shape of its famous four-fingered KitKat bar.

Tags : Court of Appeal, Kit Kat Bar, Trademark

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SC: Being Short of Funds to Pay Court Fee Not Sufficient Reason to Condone Delay to File Appeal(01.02.2023)

Supreme Court has held that being short of sufficient funds to pay court fee is not a reason to condone delay in filing appeal, and observed that appe.....

Tags : Supreme Court, Court Fee, Condone Delay, Appeal

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US Court of Appeals Says 'No' to Discrimination Against LGBT Employees(10.04.2017)

U.S. Circuit Court of Appeals in Chicago has ruled that Companies cannot discriminate against their LGBT employees because of their sexual orientation.....

Tags : US Court of Appeals, LGBT, Discrimination

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CRIMINAL - Gujarat HC Directs Registry to Provide Free 'Paper Book' to Witnesses in Gulberg Appeal(28.03.2019)

Gujarat High Court has directed its registry to provide the paper book related to Gulberg massacre appeals to two witnesses in the case free of cost.

Tags : Gujarat High Court, Gulberg massacre appeals

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Cal. HC: Shouldn’t Interfere With Single Judge Order Merely Because it Has Different Opinion(13.01.2023)

Calcutta High Court has held that division benches should not interfere with well-considered single-judge orders under challenge in intra-court appeal.....

Tags : Calcutta High Court, Division Bench, Interfere, Intra-Court Appeal

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SC Division Bench Delivers Split Verdict in Civil Appeal from Specific Performance Suit(16.01.2023)

Supreme Court division bench comprising Justices M.R. Shah and B.V. Nagarathna a split verdict in a civil appeal arising out of a suit seeking specifi.....

Tags : Supreme Court, Specific Performance Suit, Civil Appeal, Agreement of Sale

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SC Pulls Up Central Govt Over Delay in Filing Revenue Appeals by Govt(12.02.2021)

Supreme Court has pulled up the Union of India for its trend of filing appeals before the court in revenue matters with gross delay. The Court was hea.....

Tags : SC, Revenue Appeals

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SC: HC Has No Jurisdiction to Decide Upon Unframed Question of Law During Second Appeal(28.03.2017)

Supreme Court, while setting aside a High Court judgment, which suo moto applied a provision of law while deciding a second appeal, has reiterated tha.....

Tags : Supreme Court, second appeal

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COMPANY - Notice of NCLAT Appeal to be Served Regardless of Supply of Advance Copy of Appeal Paper Book: SC(12.03.2019)

Supreme Court has observed that stipulation of service of notice on other side, pursuant to issuance of notice by National Company Law Appellate Tribu.....

Tags : NCLAT, Notice of NCLAT Appeal, Supply of Advance Copy of Appeal Paper Book

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Bombay HC to CBDT: Reconsider Its Proposal to Incentivise CIT (A) to Enhance Assessments(25.04.2019)

Bombay High Court has asked Central Board of Direct Taxes ( CBDT ) to reconsider its decision to incentivize the Commissioner of Income Tax (Appeals) .....

Tags : Central Board of Direct Taxes , Bombay High Court, Commissioner of Income Tax (Appeals)

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CBDT Issues Approval for Notifying CIT(A) to Exercise Jurisdiction Post Faceless Appeal Scheme(09.04.2021)

Central Board of Direct Taxes (CBDT) has issued the approval for notifying Commissioners of Income-tax (Appeals) to exercise jurisdiction over appeals.....

Tags : Central Board of Direct Taxes, Faceless Appeal Scheme 2020

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