Search Results for "Right of Appeal"

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Search Results for "Right of Appeal"

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Supreme Court

Supreme Court Dismisses Victim's Appeal for Enhancement of Sentence in Kidnapping and Murder Case. Victim Cannot Appeal Under Section 372 CrPC for Inadequate Sentence; Only State Government Can Seek Enhancement Under Section 377 CrPC.

28 Aug 2020

The appellant, Parvinder Kansal, was the father of a deceased boy and the complainant in FIR No.742 of 2007 registered for offences under Section 364A...

Supreme Court

Supreme Court Allows Appeals in VAT/GST Pre-deposit Dispute — Holds That Proof of Payment Can Be Produced Before First Hearing. The Court ruled that the requirement to deposit 12.5% of the disputed tax under the second proviso of Section 19 of the APGST Act, 1957 does not mandate payment within the limitation period for filing the appeal, but only before the appeal is first taken up for consideration.

10 Jul 2019

The Supreme Court considered a batch of civil appeals arising from orders of the Appellate Authority under the APGST Act, 1957, AP VAT Act, 2005, and ...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.

7 May 2019

The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...

High Court

Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the appeal by a victim against acquittal is a matter of right and the procedure under Section 384 Cr.P.C. applies, allowing summary dismissal after hearing.

1 Feb 2019

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Cod...

High Court

Bombay High Court Dismisses State's Appeal Against Order Permitting Withdrawal of Admiralty Suit and Release of Arrested Vessel — State Not a Party to Suit, No Right to Challenge Consent Terms.

19 Dec 2016

The State of Maharashtra filed an appeal against an order of the learned Single Judge dated 3rd March 2008 in Notice of Motion No.2565 of 2008 in Admi...

High Court

Bombay High Court Reduces Deposit Condition for Suspension of Sentence in NI Act Case. Court Held That Condition of Deposit of 62% of Compensation Amount Was Exorbitant and Reduced It to 20% to Protect Right of Appeal.

17 Feb 2016

The petitioner, Sumeet Gupta, was convicted under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to three months' imprisonment. He...

High Court

Bombay High Court Allows Appeal of Non-Resident Company in Tax Case, Holds That 'Assessee Aggrieved' Includes Any Party Adversely Affected by CIT(A) Order Under Section 253(1) of Income Tax Act, 1961. The Court set aside the Tribunal's dismissal on maintainability and remanded for merits.

27 Nov 2013

The appellant, M/s. Maersk BV (formerly Nedlloyd BV), a company incorporated in the Netherlands and tax resident there, was engaged in operating ships...

High Court

Bombay High Court Dismisses Revision Against Conversion of Conviction from Section 325 to Section 323 IPC — Procedural Amendment Not Retrospective to Affect Accused's Vested Right of Appeal. The court held that the proviso to Section 372 CrPC inserted in 2009 is prospective and does not apply to judgments delivered before its commencement, thus the revision could not be converted into an appeal.

25 Oct 2012

The petitioner, Nandabai, was the original complainant in a criminal case against the respondent-accused, Maruti Gopala Mehetre, for causing hurt. The...

High Court

Bombay High Court Dismisses Victim's Appeal Against Acquittal in Abetment of Suicide Case — Right of Appeal Under Section 372 CrPC Not Available When State Does Not Appeal and Victim Was Not Complainant.

1 Mar 2012

The appellant, Ramdas Ajinath Bhandwalkar, filed an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973, claiming to be a ...

High Court

Bombay High Court Allows Condonation of 529-Day Delay in Appeal Against Ex-Parte Decree — Liberal Approach Required for Sufficient Cause. The court set aside the dismissal of delay condonation application and directed the First Appellate Court to hear the appeal on merits, holding that 'sufficient cause' under Section 5 of Limitation Act, 1963 should be liberally construed.

29 Mar 2006

The petitioners, original defendants in Regular Civil Suit No. 8 of 1997, were subjected to an ex-parte decree passed by the Civil Judge, Junior Divis...

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