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
read»
Reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT, High Courts and Supreme Court - regarding(02.11.2023)
1. In exercise of the powers conferred by Section 131BA of the Customs Act, 1962 and in partial modification of earlier instruction issued from F. No. .....
Tags : Monetary Limit, Filing of Appeal
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
An interlocutory order is not appealable unless it disposes of any issue or any portion of the issue in the main action(22.12.2023)
This appeal is against an order of the KwaZulu-Natal Division of the High Court, which dismissed a point in limine to the effect that the first respon.....
Tags : Appeal, Locus standi, Maintainability
read»
An applicant for condonation is required to give a full and reasonable explanation for the delay that has occurred, and explanation must cover the entire period of the delay(04.12.2023)
The Appellant was convicted in the magistrates’ court, Kimberley, of dealing in drugs in contravention of Section 5(b) of the Drugs and Drug Trafficki.....
Tags : Notice of appeal, Late filing, Condonation
read»
A mark can be opposed or cancelled, if it is identical to or similar to a trade mark which is already registered(14.12.2023)
The applicant, a Mexican company which traded in many countries including South Africa, was the proprietor of the impugned mark. It was registered in .....
Tags : Leave to appeal, Special circumstances, Existence
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
News
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
Bom HC: No Appeal Under Commercial Court Act Against Court Order Refusing to Return/Reject a Plaint(20.12.2023)
Bombay High Court has held that the Trial Court’s order refusing to return or reject a plaint is not appealable under the Commercial Courts Act, 2015,.....
Tags : Bombay High Court, Commercial Courts Act, Appeal
read»
Bom. HC: Appeal u/s 14A of SC/ST Act not Allowed When Case is Under Both SC/ST Act and POCSO(21.12.2023)
Bombay High Court has held that in a case involving offenses under both, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198.....
Tags : Bombay High Court, SC/ST Act, POCSO, Appeal
read»
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
read»
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
read»
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
read»
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
read»
Ch. HC: Appeal Against Acquittal Order u/s 138 of NI Act Lies to HC u/s 378(4) of CrPC(10.01.2024)
Chhattisgarh High Court has held that an appeal against orders of acquittal under Section 138 of the Negotiable Instruments Act, 1881 shall lie to the.....
Tags : Chhattisgarh High Court, Appeal, Acquittal, Negotiable Instruments Act, CrPC
read»
Ker. HC: Commercial Courts Act Does Not Provide For Second Appeals(12.01.2024)
Kerala High Court has held that the legislature introduced a non-obstante clause in sub-section (2) of S. 13 of the Commercial Courts Act limiting the.....
Tags : Kerala High Court, Second Appeals, Commercial Courts
read»
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
read»
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
read»
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
read»
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
read»
JKL HC: Seema Suraksha Bal’s Order Can be Challenged Across All High Courts(27.11.2023)
Jammu and Kashmir and Ladakh High Court has held that Seema Suraksha Bal (SSB), is a force of the Union of India with a pan-India presence and therefo.....
Tags : Jammu and Kashmir and Ladakh High Court, Seema Suraksha Bal, Appeal
read»
All. HC: S.388 Allows Appeal Against Order of Inferior Court to District Judge(01.12.2023)
Allahabad High Court has held that proviso to Section 388(2) of the Succession Act creates an exception by providing that an appeal from any order of .....
Tags : Allahabad High Court, Appeal, District Judge, Succession Act
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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)
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
SC to Centre: Ensure E-Filing of All Revenue Appeals Before HCs And Tribunals(09.02.2023)
Supreme Court has directed Centre to ensure that the entire filing of Revenue appeals before the High Courts and the Tribunals is carried out in the e.....
Tags : Supreme Court, E-Filing, Revenue Appeals, High Court, Tribunals
read»
Ker. HC: Affidavit Explaining Delay Sufficient When Victim Appeals Against Acquittal(23.03.2023)
Kerala High Court has held that a delay condonation petition is not required to be filed by a victim who prefers an appeal against acquittal even afte.....
Tags : Kerala High Court, Appeal, Acquittal, Condonation, Delay
read»
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
read»
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
read»
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
read»
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
read»
Orissa HC: HC Can Acquit Convict Even Without Appeal to Prevent Injustice(08.05.2023)
Orissa High Court has held that even if the convict does not prefer an appeal against his conviction, the High Court has power to acquit him on the ba.....
Tags : Orissa High Court, Acquittal, Appeal, Injustice
read»
SC: 40% of Litigation by Union and State Governments are Unnecessary(09.05.2023)
Supreme Court while expressing displeasure over State’s practice of filing ‘frivolous’ and ‘unnecessary’ appeals, has orally remarked that Forty per c.....
Tags : Supreme Court, Litigation, Appeals
read»
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
read»
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
read»
SC: Court Must Consider Cross-Objections in Full Before Adjudicating on the Same(05.07.2023)
Supreme Court has observed that while cross objections are filed within an already existing appeal, however, as per Order 41 Rule 22 of CPC, cross obj.....
Tags : Supreme Court, Cross-Objections, Appeal, Adjudication
read»
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
read»
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
read»
All. HC: IT Act 1961 Vests Jurisdiction with Central Government to Appoint CIT (Appeal)(24.07.2023)
Allahabad High Court has held that Income Tax (IT) Act, 1961 vests jurisdiction on Central government to appoint an officer as Commissioner of Income-.....
Tags : Allahabad High Court, Commissioner of Income-tax (Appeals), Appeals
read»
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
read»
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
read»
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
read»
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
read»
SC: Substantial Question of Law Required to Appeal Against Order of Workmen’s Compensation Commission(06.09.2023)
Supreme Court has held that considering the objective of Employees Compensation Act, 1923 and the fact that Workmen’s Compensation Commissioner being .....
Tags : Supreme Court, Workmen’s Compensation Commissioner, Appeal
read»
Del. HC: 2nd Appeal Can’t be Filed When Single Judge Heard Appeal from Original or Appellate Decree(08.09.2023)
Delhi High Court has held that Section 100-A of CPC proscribes the filing of a further appeal from a decision rendered by a Single Judge of a High Cou.....
Tags : Delhi High Court, CPC, Single Judge, Appeal
read»
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
read»
SC: Court in Second Appeal Must Frame Substantial Question of Law at Admission Stage Itself(25.09.2023)
Supreme Court has held that a Court sitting in second appellate jurisdiction is to frame substantial question of law at the time of admission, save an.....
Tags : Supreme Court, Second Appeal, Question of Law
read»
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
read»
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
read»
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
read»
JKL HC: Award of Lok Adalat is Equal to a Decree of a Civil Court(19.10.2023)
Jammu and Kashmir and Ladkah High Court has held that an award of the Lok Adalat is equivalent to a decree of a Civil Court and has an element of fina.....
Tags : Jammu and Kashmir and Ladkah High Court, Lok Adalat, Appeal
read»
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
read»
Cal. HC: Appeal Cannot Cloak as Review(09.10.2023)
Calcutta High Court while observing that review jurisdiction can’t be treated as second opportunity by parties aggrieved by a judgement or order to ar.....
Tags : Calcutta High Court, Review Jurisdiction, Appeal
read»
SC: Court Must Take Liberal and Justice Oriented Approach Regarding Delay in Appeals Filed by State(10.10.2023)
Supreme Court has observed that if the appeals filed by the State are lost for individual default, those who are at fault, will not usually be individ.....
Tags : Supreme Court, Appeal, State, Delay
read»
Ker. HC: Limitation Act Doesn’t Stipulate Time for Victim to File Appeal U/S 372 CrPC(13.10.2023)
Kerala High Court while relying on judgment in Sobhanakumari K. vs. Santhosh (MANU/KE/2167/2017), has held that here is no time period stipulated unde.....
Tags : Kerala High Court, Limitation Act, Appeal, Conviction
read»
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
read»
Bom. HC to SIC: Establish Time Limit for Disposal of Second Appeals Under RTI Act(14.12.2023)
Bombay High Court has directed the Maharashtra State Information Commission (SIC) to take appropriate steps to formulate some reasonable time limit an.....
Tags : Bombay High Court, State Information Commission, Second Appeal, Time Limit
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
Ker. HC: Appeal u/s 5 of Kerala High Court Act Not Maintainable Before Division Bench(01.11.2023)
Kerala High Court has held that an appeal before division bench under Section 5 of the Kerala High Court Act, 1958 is not maintainable against a singl.....
Tags : Kerala High Court, Kerala High Court Act, Appeal, Division Bench
read»
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
read»
Andhra Pradesh HC: Substantial Questions of Law Can’t Be Created By Contradicting Initial Position(09.02.2024)
Andhra Pradesh High Court while dismissing a second appeal, has held that a second appeal filed by taking a contradictory stand to the initial stand b.....
Tags : Andhra Pradesh High Court, Substantial Questions of Law, Second Appeal
read»
SC Explains Principles That Appellate Courts Should Follow While Deciding Acquittal Appeals(15.02.2024)
Supreme Court has observed that if through appreciation of evidence two possible views are being made out then the Appellate Court cannot reverse the .....
Tags : Supreme Court, Acquittal Appeals, Trial Court
read»
SC: Bar of limitation Can’t be Eluded by Taking Recourse of Art. 136 When Statutory Appeal Available(04.01.2024)
Supreme Court while observing that bar of limitation cannot be avoided by taking recourse of proceedings under Article 136 of the Constitution when a .....
Tags : Supreme Court, Limitation, Constitution, Statutory Appeal
read»
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
read»
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
read»
Ker. HC: Second Appeal Under CPC Admissible on Substantial Question of Law & Not on Equitable Grounds(25.01.2024)
Kerala High Court has held that High Court shall admit and hear second appeal under Order XLII Rule 1, 2 read with Section 100 Code of Civil Procedure.....
Tags : Kerala High Court, Section 100 CPC, Order XLII CPC, Second Appeal
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»
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
read»