Search Results for "restoration of appeal"

29 result(s) found

Scroll Down To Discover

Found 29 result(s)

© Image Copyrights Juris Services & Technology

Gujarat High Court Allows Restoration of Appeal in Condonation of Delay Case — Liberal Approach to Be Adopted When Delay Is Not Inordinate and No Malice Is Shown. Petitioner's Appeal Dismissed for Default Due to Advocate's Absence; Delay of 112 Days Condoned to Secure Justice.

The petitioner, Ramanbhai Khalbhai Rathod, filed a Special Civil Application under Article 227 of the Constitution of India before the Gujarat High Co...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petition Seeking Restoration of Appeal in Service Termination Case Due to Inordinate Delay and Lack of Bona Fides. Petitioner's conduct of securing benefits while neglecting appeal for 10 years disentitles him to discretionary relief under Article 227 of the Constitution.

The petitioner, a peon appointed in 1995, was orally terminated in 2006. He filed an appeal under Section 9 of the Maharashtra Employees of Private Sc...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Writ Petition Against Dismissal of Appeal in Default in Consumer Dispute Regarding Defective School Bus. The court restored the appeal to the State Commission for hearing on merits, holding that dismissal in default does not bar a writ petition.

The petitioners, a company and its director, challenged an order dated 12-10-2017 passed by the State Consumer Disputes Redressal Commission, Nagpur C...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Restoration of Consumer Appeal Dismissed in Default by State Commission. Held that the Consumer Protection Act, 1986 does not bar restoration of appeals dismissed for non-prosecution and the State Commission has inherent power to restore such appeals.

The petitioner, Anita Chandrakant Patil, filed a writ petition before the Bombay High Court challenging an order dated 5.9.2014 passed by the Maharash...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Recall of Order Dismissing Appeal Due to Advocate's No Instructions, Restores Appeal. Court Condoned 828-Day Delay as Applicant Was Misled by Advocate's Assurances.

The case involves a Notice of Motion filed by H.P. Mehta (the applicant) seeking condonation of a delay of 828 days in filing the motion and recall of...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Revision and Restores Criminal Appeal Dismissed for Default in Section 498A IPC Case. Appellate Court Cannot Dismiss Appeal for Non-Prosecution; Must Decide on Merits Under Section 386 CrPC.

The applicant, Sk.Imam @ Babu S/o. Sk.Hussain, was convicted by the Judicial Magistrate First Class, Purna, District Parbhani, in RCC No.36/2006 for a...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Restoration of Appeal Dismissed for Default Under Order 41 Rule 19 CPC — Sufficient Cause Shown for Absence of Appellant and Advocate. Appellant's Explanation of Being Misled by Advocate Accepted as Sufficient Cause for Restoration of Appeal.

The appellant, original defendant in a suit, challenged the judgment and decree of the trial court dated 17th September 1987 by filing an appeal in th...