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Showing posts with label appeal. Show all posts
Showing posts with label appeal. Show all posts
Saturday, 28 September 2024

Whether an appeal shall be barred by limitation if a party fails to obtain certified copy of judgment within limitation even if it is entitled to get free copy of judgment?

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The import of Section 12 of the Limitation Act and its explanation is to assign the responsibility of applying for a certified copy of the o...
Tuesday, 14 May 2024

Whether it is mandatory to file fresh Vakalatnama alongwith Memo of appeal if same Advocate is representing the appellant in appeal?

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 It is, thus, now well-settled that any detect in signing the memorandum of appeal or any detect in the authority of the person signing the ...

Supreme Court: Amicus curiae to be provided to the revisionist/appellant accused even if the absence of his counsel is deliberate.

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That question is whether in a criminal case if the counsel for the accused does not appear, for whatever reasons, should the case be decided...

Supreme Court: Matter should not be remanded to the lower court when sufficient material for deciding the case finally is already there before the appellate court.

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In our view, there was neither any need and nor any occasion to remand the case to the Magistrate. In other words, we are of the view that t...

What is the duty of appellate or revisional court if it is setting aside findings of facts recorded by trial court?

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Learned counsel for the appellant submitted before us, and with justification, that the judgment and order of, the High Court does not discl...
Monday, 13 May 2024

Whether the appellate or revisional court should reverse any finding on account of any irregularity in sanction for prosecution if accused has not raised objection in that respect in the trial court?

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 Sub-section (4) of Section 19 of the PC Act is also important in this context inasmuch as the time lapse in challenging an error, omission ...
Friday, 8 March 2024

Bombay HC: Any deficiency in filing the appeal / application Can't Make Appeal/application Filed Within Prescribed Period Of Limitation To Be Labelled As Time Barred

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We may observe that, in such circumstances, any deficiency in filing the  appeal / application like failure to file physical documents, cann...
Wednesday, 4 October 2023

What is the basic concept of legal right and how this concept is relevant to decide who is “person aggrieved” ?

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 In this context, we may refer to a recent pronouncement in Ayaaubkhan Noorkhan Pathan v. The State of Maharashtra & ors. 2012 (11) SCAL...
Wednesday, 22 March 2023

Can a court pass disadvantageous order against the appellant's interest beyond their prayers and pleadings in an appeal?

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  However, it appears that in the appeal filed by the Petitioner, the Appellate Authority has directed to evict the Appellant from the premi...
Saturday, 31 December 2022

Bombay HC: 9% is the appropriate rate of interest to be awarded in motor accident compensation cases

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   The Tribunal awarded an interest @ 6% p.a. from the date of application till its realization and I find substance in the submission of th...

Whether claimant must prove percentage of loss of earning capacity, arising from a permanent disability in motor accident case?

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  When a claimant suffers a disability as a result of such injuries and on ascertaining that the disability is of permanent nature, the asse...

What are Special Damages and General Damages under which compensation is awarded in motor accident cases?

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  The heads under which compensation is awarded in personal injury cases are the following: Pecuniary damages (Special Damages) (i) Expenses...

Whether the court can enhance compensation in motor accident case even if claimant has not filed cross-Appeal or cross-objection?

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  The counsel for the claimant/respondent Ms. Nandini would submit that though the claimant has not filed any Appeal, against the inadequate...

Bombay HC: Advocates Appointed By Legal Aid Or Court Exempt From Filing Certified Copies Of Judgement In Appeal

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 The learned counsel Mr. Pawan Mali has strenuously preparedthe Appeal Memo along with the Application for condonation of delay.It appears t...
Saturday, 24 December 2022

Does S 21 of the NIA Act exclude the application of S 4 to 24 of the Limitation Act for determining the limitation period for filing an appeal under the NIA Act?

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   The point that arises for determination is, whether NIA Act, in particular Section 21 whereof expressly excludes the application of Secti...
Saturday, 12 November 2022

Whether Unfair trial can be cured by fair appeal?

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  It is then urged by learned Counsel for the appellant that the provision of an appeal under Section 22-A of the Act is a complete safeguar...
Wednesday, 13 April 2022

Whether Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit?

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 In the present case it is not in dispute the award was not passed on merits of the rival claims and therefore the decision in Associated Co...
Wednesday, 2 February 2022

Supreme Court reiterates that victim has absolute right of appeal against acquittal and it is not necessary for him to obtain special leave

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It cannot be disputed that now after the amendment in Section 372 Cr.P.C. after 2009 and insertion of proviso to Section 372 Cr.P.C., a vict...
Friday, 17 September 2021

Whether NCLAT Has Jurisdiction To Condone Delay Exceeding 15 Days From Period Of 30 Days?

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As per  Section 61(2) of the IB Code, the appeal was required to be preferred  within a period of thirty days. Therefore, the limitation per...
Sunday, 29 August 2021

Whether order passed in application for succession certificate can be challenged before district court or high court?

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   In view of this position, the Civil Judge, Senior Division in these two Appeals have exercised the jurisdiction under Sub-section 1 of Se...