Appeal Archives | Page 4 of 6

Ori HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly

Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of Penal

Case Briefs High Courts

Chh HC | How is “doctrine of preponderance of probabilities” applied in cases relating to Motor Vehicle Act? Appeal Allowed

Chhattisgarh High Court: Parth Prateem Sahu J., set aside the impugned award and allowed the appeal by applying the doctrine of preponderance

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Calculation of Revenue found to be erroneous and high pitched; Tribunal allows appeal setting aside penalty S. 11AC read with R. 25 of Central Excise Rules

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member), allowed an appeal which was filed aggrieved by the judgment

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund under the provisions of S. 27A of Customs Act, 1962 does not arise; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Venkata Subba Rao (Technical Member) allowed an appeal which was filed against the

Case Briefs High Courts

Jhar HC | Loan by financial institutions is in the nature of ‘public money’; Writ Petition not maintainable as alternative remedy available under S. 17 of SARFAESI Act if aggrieved due to action taken by ‘State’ under S. 13/14 of the Act

Jharkhand High Court: Rajesh Shankar, J. dismissed the petition on grounds of non-maintainability. The facts of the case are such that the

Case Briefs Foreign Courts

SL SC | Preliminary objection overruled, no provision requiring the filing of objections in an appeal; Court allows appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Priyantha Jayawardena, PC, Murdu N.B. Fernando, PC, and

Case Briefs High Courts

Kar HC| Effect of compromise between complainant and accused in appeal reiterated; Appellant acquitted

Karnataka High Court: M.G. Uma, J., setting aside the conviction order by the fast track Court, allows compromise between the parties. The

Case Briefs High Courts

Jhar HC |‘Desertion’ has to be wilful and voluntary for a valid ground for divorce under S. 13 of Hindu Marriage Act, 1955; Legal principle “No one can take a benefit of his own fault” applied

Jharkhand High Court: A Division Bench of H.C. Mishra and Rajesh Kumar JJ., rejected the prayer and dismissed the appeal being devoid

Case Briefs High Courts

Raj HC | Allegation of woman set ablaze in view of dowry demand dismissed; Prosecution theory of homicidal death sheer exaggeration

Rajasthan High Court: A Division Bench of Sandeep Mehta and Kumari Prabha Sharma, JJ., dismissed the allegations of dowry demand, cruelty against the

Case Briefs High Courts

Del HC | “No exception to remedy against orders of custody under Domestic Violence Act”: Court dismisses S. 482 CrPC petition in view of S. 29 DV Act

Delhi High Court: Jyoti Singh, J., while addressing the maintainability and legality of a petition filed under Section 482 of Criminal Procedure Code,

Case Briefs High Courts

Del HC | Legislature provides remedy of Appeal under S. 29 of Protection of Women from Domestic Violence Act against all orders

Delhi High Court: Jyoti Singh, J., while addressing a matter with regard to “custody order” as being the primary relief, held that, Legislature

Case Briefs Foreign Courts

New Zealand SC rejects an appeal seeking access to carry out coal-mining in a water conservation reserve

Supreme Court of New Zealand: The Full Bench comprising of Winkelmann CJ, William Young, Glazebrook, O’Regan and Ellen France JJ., unanimously rejected

Case Briefs Foreign Courts

SL CoA | Application of writ should be filed without delay; Court dismisses appeal stating delay was without a valid reason

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Vasantha Kodagoda and Arjuna Obeyesekere, JJ., dismissed

Case Briefs

FEMA Appellate Tribunal | Delay of 370 days condoned despite not being convinced of ‘sufficient cause’ for delay, as dismissal of application would bar examination of merits of appeal

Appellate Tribunal (FEMA): Justice G.C. Mishra (Acting Chairman) allowed the application for the condonation of delay in respect to the substitution of

Case Briefs Foreign Courts

SL CoA | Sole testimony of prosecutrix found reliable enough for a trial judge to act; Court dismisses appeal against conviction

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of K.K. Wickremasinghe and K. Priyantha Fernando, JJ.,

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | Bonafide delay can be condoned; Tribunal condones delay of 148 days while allowing the appeal

Appellate Tribunal for Electricity (APTEL): A Coram of Justice Manjula Chellur (Chairperson) and S.D. Dubey, (Technical Member) allowed an appeal filed against

Case Briefs High Courts

HP HC | Passing an order without giving the opportunity of hearing is a violation of natural justice; Court dismisses appeal

Himachal Pradesh High Court: A Division Bench of L. Narayana Swamy, CJ and Jyotsna Rewal Dua, J., dismissed an application which was

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Tribunal modifies suspension of appellant from NSE for 5 days to banning them from registering new clients for a period of one month

Securities Appellate Tribunal (SAT): Coram of Justice Tarun Agarwala, (Presiding Officer), Justice M. T. Joshi (Judicial Member), and Dr C. K. G. Nair

Case Briefs Foreign Courts

SL SC | Appeal against conviction for misappropriation dismissed on grounds of proof beyond reasonable doubt

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A full bench of Priyantha Jayawardena, PC, Murdu N.B. Fernando, PC, and

Case Briefs Foreign Courts

SL SC | Mandatory for the Judge to analyse evidence to find if the ingredients are proved beyond doubt; SC allows the appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: L.T.B. Dehideniya, J., S. Thurairaja, PC, J. and E.A.G.R. Amarasekara, J., allowed