Appeal Archives | Page 2 of 9

Delhi High Court directs expeditious disposal of TV Today Network’s appeal over Harper’s Bazaar India Instagram Account Suspension

While the court did not provide a definitive ruling at this stage, it demonstrated a proactive approach by directing the Grievance Appellate Committee to promptly decide the petitioners’ appeal, should they file one. This interim measure aimed to mitigate the petitioners’ grievances pending a final determination of the constitutional validity of Rule 3(1)(c) of IT Rules, 2021 and related provisions.

Case Briefs High Courts

Bombay HC confirms death penalty awarded to a former murder convict, who killed his 5 family members

The High Court stated that the convict had taken innocent lives in an extremely barbaric, criminal, and heartless manner. His acts have shocked not only the judicial conscience but also the conscience of society.

Case Briefs Foreign Courts

US must provide assurances to the UK High Court before securing WikiLeaks founder Julian Assange’s extradition: UK High Court of Justice

The Court directed US to assure that Assange is allowed to rely on the First Amendment protections and is not prejudiced at trial by reason of his nationality, and that a death penalty is not imposed.

Case Briefs High Courts

Rajasthan High Court entertains appeal despite prima facie view on non-maintainability under MSMED Act

Rajasthan High Court decided to entertain the appeal due to the significant question of the application’s maintainability.

Case Briefs High Courts

W.B. Assembly Election 2021 | ‘Appellant seems to have lost interest in prosecuting the matter’; Calcutta High Court dismisses appeal

The instant matter is related to appeal against the writ petition challenging the election of respondent 14 to the West Bengal Assembly in the 2021 elections, based on falsifying his educational qualifications.

Case Briefs High Courts

Calcutta High Court upholds public use presumption for pot dumping land; dismisses Permanent Injunction claim

“When damages have been paid for unlawful use of land then plaintiff, being a wrong doer, cannot claim equitable relief for wrongful use of such land, in respect of which he has no right, title, interest.”

Case Briefs High Courts

‘No tax recovery can be made when GST Tribunal not constituted’; Patna HC imposes cost of Rs 5000 on GST Assessing Officer for ‘coercive’ tax recovery

“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”

Case Briefs High Courts

Appeal against claim petition filed prior to enforcement of Motor Vehicles (Amendment) Act, 2019 entertainable as per unamended provision: Allahabad HC

“An amending statute cannot be read in a manner to take away, alter, abrogate, impair or extinguish vested rights acquired under existing laws, or create a new obligation, impose a new duty or attach a new disability, in respect of transactions already past”

Case Briefs High Courts

Adjustment of entry tax paid on damaged cement against VAT liability not admissible under Bihar Entry Tax Act: Patna High Court

“If the goods are imported for any purpose other than consumption, use or sale within the State, then the importer has to prove how the goods imported were disposed of.”

Case Briefs High Courts

Calcutta High Court upholds conviction under Section 363 of IPC, acknowledging victim’s age and established facts of abduction

Calcutta High Court concurred with the trial court’s decision to acquit the accused under Section 366 of IPC due to absence of evidence supporting sexual assault.

Case Briefs High Courts

Calcutta High Court emphasises adherence to competent court’s order; set asides Tribunal decision on appeal’s maintainability

Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.

Case Briefs High Courts

Not permissible for High Court to convert lesser offence to serious offence in sentence enhancement appeal: Himachal Pradesh High Court

“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”

Case Briefs High Courts

“No Anticipatory bail when Investigating Officer does not intend to arrest”; Madhya Pradesh High Court directs cooperation in Investigation

Madhya Pradesh High Court warned the appellants of consequences, including contempt of court, for non-compliance with the directions.

Experts Corner Murali Neelakantan

Opening the SLP Floodgates Impacts Access to Justice

by Murali Neelakantan* and Gautam Narayan**
Cite as: 2023 SCC OnLine Blog Exp 81

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation period for appeals starts from date of Rectification Order when merged with Original Order: NCLAT

The NCLAT directed the Adjudicating Authority to hear and decide the application under Section 7 of the IBC expeditiously, treating it as not covered by Section 10A of the IBC.

Case Briefs Supreme Court

Review Petition has limited purpose, cannot be allowed to be appeal in disguise: Supreme Court regurgitates law on scope of review

Supreme Court reiterated that a co-ordinate Bench cannot comment upon the judgment rendered by another co-ordinate Bench of equal strength and that subsequent decision or a judgment of a co-ordinate Bench or larger Bench by itself cannot be regarded as a ground for review.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Timelines are of great significance in IBC’; NCLAT dismisses condonation of delay application

Limitation shall commence from the date when order is passed and shall not depend on the date when Appellant came to know of the order.

Case Briefs High Courts

Statutory substantive right to appeal cannot remain nugatory by giving undue importance to procedural law: J&K and Ladakh HC

The High Court observed that the object of Courts is to decide the rights of the parties and not to punish them for mistakes which are made in the conduct of the cases.

Case Briefs High Courts

Limitation period to appeal against Family Court’s decree is thirty days, delay can be condoned if sufficient cause is shown: Delhi High Court clarifies

“Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act, 1984 operate in different spheres and apply to orders passed by different forums i.e., District Court and the Family Court respectively.”

Case Briefs High Courts

Revisional Court has power to rectify order of subordinate Revenue Court at any stage of the suit or proceedings: Allahabad High Court

To interpret ‘proceeding decided’ as entire proceedings and not a part of a proceeding would amount to restricting the exercise of revisional jurisdiction which is not as contemplated under Section 210 of UP Revenue Code.