Legal Representatives Of Appellant In Second Appeal Are Entitled To Re-Submit Appeal Which Was Returned For Curing Defects: Kerala High Court
9 months ago

Legal Representatives Of Appellant In Second Appeal Are Entitled To Re-Submit Appeal Which Was Returned For Curing Defects: Kerala High Court

Live Law  

The Kerala High Court has declared that an applicant can resubmit an appeal instituted by a person under whom the applicants claim. The Court clarified that legal representatives of an appellant in a Regular Second Appeal are entitled to re-submit the appeal which was returned for curing the defects. Justice K. Babu held: “The principle emerges is that the right to file an appeal must be held to carry with it the right to resubmit the appeal which had been instituted by a person under whom the applicants claim.” The Original appellant filed a Regular Second Appeal before the High Court. He submitted that there is no express provision in the Rules of the High Court of Kerala dealing with the re-presentation of an appeal by the legal representatives.

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History of this topic

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court
2 months, 3 weeks ago

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court

Live Law  

Discussing Section 13 of the Court Fees Act, the Allahabad High Court has held that once an appeal is remanded back to the original Court for any reason, the Appellate Court ought to grant a certificate of authorization to the appellant to receive back the full court fees paid along with the memorandum of appeal. Justice Kshitij Shailendra held “Section …

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court
2 months, 3 weeks ago

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court

Live Law  

Discussing Section 13 of the Court Fees Act, the Allahabad High Court has held that once an appeal is remanded back to the original Court for any reason, the Appellate Court ought to grant a certificate of authorization to the appellant to receive back the full court fees paid along with the memorandum of appeal. Justice Kshitij Shailendra held “Section …

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay
4 months ago

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay

Live Law  

The Kerala High Court stated that the medical condition cited by the assessee is not sufficient grounds to justify condoning a four-year delay in filing the appeal. Admittedly, the assessee filed appeals against the orders only in the month of February 2024 i.e., four years after the date on which the orders against which the appeal was sought to be …

Kerala High Court Details Procedure By Which Third Party Can File An Application For Certified Copies
9 months ago

Kerala High Court Details Procedure By Which Third Party Can File An Application For Certified Copies

Live Law  

The Kerala High Court has emphasized that High Court Rules require a third-party who is seeking certified copies of any records of the proceedings other than the judgment or decree need to file a petition stating the reason for which the copy is required. The Court said that Rule 132 of the Rules of High Court of Kerala lays down …

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
1 year ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court
1 year, 6 months ago

No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court

Live Law  

The Supreme Court has ruled that since appeal is a statutory remedy, the assessee cannot be barred from seeking restoration of the appeal which was withdrawn by him as a pre-condition for availing the benefit under an Amnesty scheme, if the assessee is subsequently unsuccessful in availing the benefit of the scheme. The court thus set aside the order of …

Plaintiff Cannot Seek Return Of Plaint & Refund Of Court Fees After Dismissal Of Suit: Kerala High Court
2 years, 2 months ago

Plaintiff Cannot Seek Return Of Plaint & Refund Of Court Fees After Dismissal Of Suit: Kerala High Court

Live Law  

The Kerala High Court recently held that the court fee could not be refunded after a suit had been decided on merits, particularly when the petitioner had filed the application for return of the plaint and court fee, without challenging the decree therein. Without challenging the decree, the petitioner has filed Ext.P3 application with a seemingly innocuous prayer for the …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
3 years, 2 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

Application Before Court Seeking Interim Measure Of Protection Maintainable Even After Passing Of Arbitration Award But Before It Is Enforced: Kerala HC [Read Judgment]
6 years, 3 months ago

Application Before Court Seeking Interim Measure Of Protection Maintainable Even After Passing Of Arbitration Award But Before It Is Enforced: Kerala HC [Read Judgment]

Live Law  

‘It would not be proper for the Court to reject the application merely on the ground that he has got efficacious remedy under Section 17 of the Act.’The Kerala High Court has held that application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking an interim measure of protection is maintainable even after passing of the award by …

Application Before Court Seeking Interim Measure Of Protection Maintainable Even After Passing Of Arbitration Award But Before It Is Enforced: Kerala HC [Read Judgment]
6 years, 3 months ago

Application Before Court Seeking Interim Measure Of Protection Maintainable Even After Passing Of Arbitration Award But Before It Is Enforced: Kerala HC [Read Judgment]

Live Law  

‘It would not be proper for the Court to reject the application merely on the ground that he has got efficacious remedy under Section 17 of the Act.’The Kerala High Court has held that application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking an interim measure of protection is maintainable even after passing of the award by …

Writing 50 pages order for dismissing Appeal in limine by High Court, itself shows there are arguable points: SC [Read Judgment]
8 years, 8 months ago

Writing 50 pages order for dismissing Appeal in limine by High Court, itself shows there are arguable points: SC [Read Judgment]

Live Law  

Supreme Court of India has re-iterated that a right to file first appeal against the decree under Section 96 of the Civil Procedure Code is a valuable legal right of the litigant. The Bench was hearing an Appeal filed by Union of India against the final judgment of High Court of Karnataka whereby the High Court dismissed the appeal filed …

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