Search Results for "appellate proceedings"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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High Court

High Court of Karnataka Dismisses Petitions Challenging SAFEMFOPA Forfeiture Orders — Upholds Appellate Tribunal's Refusal to Condone Delay. The court held that the Appellate Tribunal under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 has no power to condone delay beyond the statutory period of 60 days.

6 Jul 2026

The judgment concerns two writ petitions filed under Articles 226 and 227 of the Constitution of India challenging orders passed by the Appellate Trib...

Supreme Court

Supreme Court Upholds High Court Decision That Appellate Tribunal Has Implied Power to Stay Penalty Recovery Pending Appeal. Section 254 Income-tax Act's Appellate Jurisdiction Includes Incidental Power to Grant Stay to Prevent Frustration of Appeal.

11 Sep 1968

The matter arose from penalty proceedings under the Income-tax Act, 1961. The Income Tax Officer imposed penalties on the assessee, M.K. Mohammed Kunh...

Supreme Court

Supreme Court Allows Union of India's Appeal in FERA Repeal Case — Appeal Against Post-Repeal Adjudication Order Lies Before Appellate Tribunal Under Section 19 of FEMA, Not Special Director (Appeals) Under Section 17 of FEMA. The Court held that the saving clause in Section 49 of FEMA does not preserve the appellate forum under FERA for orders passed after repeal, and the appellate forum is determined by the date of the order.

29 Jan 2019

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Bombay High Court. The controversy centered on the proper...

Supreme Court

Supreme Court Allows Execution of Specific Performance Decree Despite Delay in Deposit of Balance Sale Consideration. Doctrine of Merger Applies When Appellate Court Confirms Trial Court Decree Without Modifying Time Limit.

23 Jul 2019

The appellant, Surinder Pal Soni, filed a suit for specific performance of an agreement to sell dated 8 December 2003 for agricultural land in Panchku...

High Court

Karnataka High Court Adjudicates Writ Petitions Challenging Mandatory Pre-Deposit under Section 35F of Central Excise Act, 1944. The court examined whether the mandatory deposit requirement violated Articles 14, 19(1)(g) and 265 of the Constitution of India.

7 Oct 2015

The High Court of Karnataka heard a batch of writ petitions filed by several assessees, including Hindustan Petroleum Corporation Ltd., Prestige Garde...

Supreme Court

Supreme Court Allows Landlords' Appeal in Kerala Rent Control Case — Holds That Section 12(3) Eviction Order Can Be Passed Without Fresh Section 12(1) Application During Appeal. The Court interpreted Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hold that the Rent Control Appellate Authority has power to pass eviction order for non-payment of rent during appeal without requiring a fresh application under Section 12(1).

21 Nov 2025

The case involves two shops in Kochi, Kerala, taken on monthly rent by the respondent-tenant from the appellants-landlords. The landlords alleged that...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

Bombay High Court Allows Writ Petition in Entry Tax Case — Pre-deposit Condition for Appeal Not Applicable When Entire Tax is Disputed. Section 28(3)(a) of Goa Tax on Entry of Goods Act, 2000 requires pre-deposit only of tax 'not disputed' in appeal, not disputed tax.

17 Sep 2019

The petitioner, M/s. West Coast Ingots Pvt. Ltd., a company incorporated under the Companies Act, 1956, was served a demand notice under the Goa Tax o...

High Court

Bombay High Court Allows Second Appeal in Lease Dispute Due to Improper Points for Determination and Violation of Evidence Act. Appellate Court's reliance on oral evidence despite requirement of written lease under Clause 4 of agreement dated 04/05/1977 held erroneous.

16 Feb 2021

The case involves a second appeal arising from a suit for possession and mesne profits concerning a property in Mapusa, Goa. The appellants (defendant...

High Court

Bombay High Court Allows Petition Against IPAB Order for Violation of Natural Justice in Patent Pre-Grant Opposition. Pre-grant opponent not heard before allowing patent appeal, order set aside and matter remanded.

5 Nov 2020

The petitioner, Dhaval Diyora, filed a pre-grant opposition under Section 25(1) of the Patents Act, 1970 against the patent application of Respondent ...

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