8 July 2024

Search Results for Tag : Pre-deposit


Kerala HC: Waiver of Pre-Deposit u/s 35F for Filing Appeal Destroy Legislative Intent(07.04.2022)

Kerala High Court has observed that waiver of pre-deposit for filing appeal under section 35F of the Central Excise Act, 1944 would destroy the legisl.....

Tags : Kerala High Court, waiver, pre-deposit, section 35F Central Excise Act, 1944, legislative intent


Kerala HC: Waiving of Statutory Mandate of Pre-Deposit Merely on Plea of Financial Hardships(12.04.2022)

Kerala High Court has observed that the High Court cannot waive the statutory mandate of pre-deposit merely on the plea of financial hardships.

Tags : Kerala High Court, waive, statutory, pre-deposit, financial hardships


SC: Condition of Pre-Deposit Before Filing Appeal is Required to be Satisfied(06.05.2022)

Supreme Court while considering Special Leave Petition where the High Court had held that the requirement of pre-deposit is not mandatory, has observe.....

Tags : Supreme Court, Special Leave Petition, pre-deposit


Bombay HC: Mandatory Pre-Deposit U/S 129E of the Customs Act Is Constitutional(14.07.2022)

Bombay High Court has held that the fiscal legislation can very well stipulate as a requirement of law a mandatory pre-deposit as a condition preceden.....

Tags : Bombay High Court, Customs Act, Mandatory Pre-Deposit, Constitutional


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


ARBITRATION - Pre-Deposit Clauses to Invoke Arbitration Makes Arbitral Process Ineffective: SC(12.03.2019)

Supreme Court has observed that pre-deposit clauses to invoke arbitration would render the arbitral process ineffective and expensive, and also struck.....

Tags : Supreme Court, Arbitration, Pre-Deposit Clauses


SC: Entire Waiver of Pre-Deposit for Filing Before DRAT is Impermissible(17.02.2021)

Supreme Court observed that entire waiver of pre-deposit for filing appeal before Debt Recovery Appellate Tribunal under Section 21 of the Recovery of.....

Tags : Supreme Court, Waiver of Pre-Deposit


HP HC: District Court Must See If the Pre-Deposit Amount is Actually Deposited(28.06.2023)

Himachal Pradesh High Court has held that District Court before staying the execution of an arbitral award using its power under MSME Act, must first .....

Tags : Himachal Pradesh High Court, MSME, Pre-Deposit


SC: Condition of Pre-deposit of Fine Cannot be Imposed to Hear Revision Petition Filed by Convict(09.08.2021)

Supreme Court has observed that deposit of fine amount cannot be made a condition precedent for hearing revision petition under Section 397 of the Cri.....

Tags : Supreme Court, Condition of Pre-deposit of Fine


Del. HC: Pre-Deposit Before OHA Can’t be Adjusted Against Other Tax Dues(23.08.2023)

Delhi High Court while observing that pre-deposit does not have the character of a tax or duty, has held that re-deposit made before the Objection Hea.....

Tags : Delhi High Court, Pre-Deposit, Other Tax


Madras High Court: Inability to Pay Pre-Deposit No Ground to Invoke Writ Jurisdiction(31.01.2018)

Madras High Court has held that inability to pay pre-deposit of 7.5% before the Commissioner (Appeals) cannot be a fit ground for invoking writ jurisd.....

Tags : Madras High Court, Pre-Deposit


CESTAT: Doctrine of Unjust Enrichment Does Not Apply to Payment of Duty by Way of Pre-Deposit(27.06.2022)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Mumbai bench has held that doctrine of unjust enrichment can’t apply to the payment of d.....

Tags : CESTAT, Unjust Enrichment, Pre-Deposit



Tribunal has discretion to grant waiver from pre-deposit by recording reasons which are not necessarily be detailed and exhaustive(07.11.2019)

The present writ petition filed by the Central Board of Trustees EPFO assails the order passed by the Employees’ Provident Fund Appellate Tribunal. Un.....

Tags : Pre-deposit, Waiver, Grant


Application for waiver of pre-deposit is to be entertained as Petitioners were neither borrowers nor mortgagers or guarantors in respect of loan facility availed by principal borrower(11.10.2019)

The present petition is directed against an order passed by the Debt Recovery Appellate Tribunal ('DRAT'), rejecting the Petitioner's application seek.....

Tags : Pre-deposit, Direction, Legality


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


Pre-deposit clauses to invoke arbitration struck down by Supreme Court as it makes arbitral process ineffective and expensive(11.03.2019)

In present case, the Respondent issued notice inviting tender for extension and augmentation of water supply, sewerage scheme, pumping station and sew.....

Tags : Arbitral process, Pre-deposit, Clause


Mandatory pre-deposit is required to be deposited before Tribunal within 30 days for further benefits(26.05.2020)

Challenge in present appeal is to the order passed by learned Single Judge disposing off the petition granting 30 day's time to the appellant/petition.....

Tags : Pre-deposit, Direction, Legality


Entire waiver of pre-deposit for filing appeal before DRAT under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 is impermissible(16.02.2021)

The Appellant is before present Court assailing the order whereby the High Court has permitted Respondents No. 1 and 2 to prosecute the appeal before .....

Tags : Pre-deposit, Waiver, Legality


Requirement of deposit of 75% of the awarded amount as a pre- deposit is mandatory(08.10.2021)

Present appeal is against the impugned judgment and order passed by the High Court, by which the High Court confirmed the order passed by the learned .....

Tags : Pre-deposit, Condition, Legality


National Commission can direct deposit of entire or more than 50% of amount determined by State Commission for stay(07.12.2021)

The original Appellant – builder has preferred the present Appeal against impugned order passed by the National Consumer Disputes Redressal Commission.....

Tags : Pre-deposit, Condition, Jurisdiction


Tax authorities are entitled to grant stay on deposit of amounts lesser than twenty percent of the disputed demand(02.05.2022)

Present writ petition has been filed challenging the orders passed by Respondents No.1 and 2, without considering the submissions made by the Petition.....

Tags : Stay applications, Pre-deposit, Discretion


Any amount deposited during investigation has to be treated as pre-deposit and the same is neither hit by limitation nor by unjust enrichment(27.09.2022)

The issue involved in present appeal is whether the Court below have erred in reducing the amount of refund, which was in the nature of pre- deposit, .....

Tags : Pre-deposit, Refund, Interest


Appeal or revision cannot be dismissed solely on ground of failure to pre deposit maintenance amount(14.05.2019)

Petitioner impugns order whereby the Appellate Court has dismissed the appeal of the Petitioner on the ground that, Petitioner has failed to deposit t.....

Tags : Maintenance, Pre-deposit, Arrears


Court has no discretion to vary the amount required to be deposited before entertaining the application under Section 34 of Arbitration Act(02.09.2021)

In facts of the present case, the parties were engaged in commercial business transactions relating to purchase of readymade denims and shirts by the .....

Tags : Pre-deposit, Direction, Legality