Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court
3 months, 2 weeks ago

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court

Live Law  

The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte. The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal ex parte will have to consider the grounds raised in the memorandum of appeal, deciding the appeal on merits……” The assessee/petitioner has challenged the order passed by the Appellate Authority which dismissed the appeal on the ground that the assessee failed to produce any supporting documents despite being given an opportunity. The bench noted that “….the Appellate Authority even while considering the appeal ex parte will have to consider the grounds raised in the memorandum of appeal, deciding the appeal on merits, failing which it would be abdicating its powers especially looking at the provisions where the Appellate Authority has been empowered to conduct such further enquiry as found necessary to decide the appeal, which decision also shall be on the points raised.” In view of the above, the bench quashed the order and directed to restore the appeal of the assessee before the appellate authority. Counsel for Petitioner/ Assessee: Anubhav Khowala Counsel for Respondent/ Department: Case Title: M/S Silverline v. The State of Bihar Case Number: Civil Writ Jurisdiction Case No.14454 of 2024 Click Here To Read/Download The Order

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History of this topic

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court
1 month, 3 weeks ago

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court

Live Law  

The Patna High Court Bench of Justice Ramesh Chand Malviya has held that procedural impediments in the government machinery are not a 'sufficient cause' for condoning the delay in filing the appeal. However, the respondent argued that the appellants failed to assign the 'sufficient cause' of delay in filing the appeal on a day-to-day basis and stated the reason for …

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court
2 months, 1 week ago

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Chief Justice K. Vinod Chandran and Justice Nani Tagia while setting aside a judgment of a Single Judge directing re-evaluation held that in cases related to re-evaluation, the court may permit such re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a …

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court
3 months, 1 week ago

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court

Live Law  

The Patna High Court Bench of Justice Sandeep Kumar has held that the findings of the Calcutta High Court cannot be challenged in the Courts at Patna. Also, the court held that on the question of jurisdiction the Calcutta High Court has already given categorical findings rejecting the objections raised of the petitioner. Thereafter, the court affirmed the findings of …

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court
3 months, 3 weeks ago

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court

Live Law  

The Patna High Court recently ruled that when multiple criminal appeals arise from the same trial court judgment, one involving a sentence of more than ten years and another with a sentence of less than ten years, the appeal with the lesser sentence must also be heard by the Division Bench. As per the Patna High Court Rules, all appeals …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
3 months, 3 weeks ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court
4 months ago

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

Live Law  

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute for granting any relief, by assuming jurisdiction under Article 226 of the Constitution. Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division …

Liquidator Never Informed Of Reassessment Proceedings, Patna High Court Quashes Order
7 months ago

Liquidator Never Informed Of Reassessment Proceedings, Patna High Court Quashes Order

Live Law  

The Patna High Court has quashed the order as the liquidator was not informed of the reassessment proceedings.The bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy has observed that the liquidator should be noticed and participate in the reassessment proceedings. The Patna High Court has quashed the order as the liquidator was not informed of the reassessment …

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court
9 months, 2 weeks ago

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a general explanation of intra-departmental analysis and discussions doesn't constitute as valid and credible explanation for condonation of delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Delhi High Court and filed …

Patna High Court Weekly Round-Up: January 08 To January 14, 2024
1 year, 2 months ago

Patna High Court Weekly Round-Up: January 08 To January 14, 2024

Live Law  

Nominal Index Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw 03 M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw 4 Urmila Devi Jain & Ors vs. Ashok Kumar & Ors 2024 LiveLaw 5 Manoj Kumar Mishra vs. The State of Bihar and Ors 2024 LiveLaw 6 M/s Raj Kumar Sao …

All Orders By Court/ Tribunal Including Ex Parte Are Amenable To Writ Jurisdiction U/Art 226 & 227 Of Constitution: Patna HC
1 year, 3 months ago

All Orders By Court/ Tribunal Including Ex Parte Are Amenable To Writ Jurisdiction U/Art 226 & 227 Of Constitution: Patna HC

Live Law  

The Patna High Court has observed that any order or judgment issued by a Court or Tribunal, even if done ex parte, can be subjected to the writ jurisdiction under Articles 226 and 227 of the Constitution. Referring to the Supreme Court's 2020 decision in the case of N. Mohan Vs. R. Madhu, Justice Harish Kumar observed, “The analogy, which …

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 …

Orissa High Court Single Judge Criticises Division Bench For Nullifying His Judgment On Passport Renewal Without Assigning Reasons
1 year, 6 months ago

Orissa High Court Single Judge Criticises Division Bench For Nullifying His Judgment On Passport Renewal Without Assigning Reasons

Live Law  

In a controversial development, a Single Judge Bench of the Orissa High Court comprising Justice Biswanath Rath has criticized and disapproved the manner in which a previous order rendered by him was declared not to be a ‘precedent’ by a Division Bench headed by former Chief Justice Dr. S. Muralidhar and also comprising Justice Gourishankar Satapathy. The questions of law …

Central Excise Commissioner Can Direct The Deputy Commissioner To Appeal Before The Commissioner (Appeals): CESTAT
1 year, 8 months ago

Central Excise Commissioner Can Direct The Deputy Commissioner To Appeal Before The Commissioner (Appeals): CESTAT

Live Law  

The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal has held that the Central Excise Commissioner can direct the Deputy Commissioner to appeal before the Commissioner.The bench of Ashok Jindal and K. Anpazhakan has observed that the Deputy Commissioner has rightly filed the appeal before the Commissioner. The Kolkata Bench of the Customs, Excise, and Service Tax …

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown
2 years, 1 month ago

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown

Live Law  

The Gujarat High Court recently quashed a reassessment order and final notice of assessment issued against to an assessee after she failed to produce the relevant documents, particularly Form-F prescribed under Gujarat Value Added Tax Act, 2003 amid Covid-19 lockdown.The division bench of Justice Sonia Gokani and Justice Sandeep N. Bhatt allowed the petition under Article 226 of. The Gujarat …

Section 260A IT Act -Appeal Only Lies Before High Court Within Whose Jurisdiction The Assessing Officer Is Situated: Supreme Court
2 years, 3 months ago

Section 260A IT Act -Appeal Only Lies Before High Court Within Whose Jurisdiction The Assessing Officer Is Situated: Supreme Court

Live Law  

The Supreme Court reiterated that an appeal under Section 260A of the Income Tax Act against orders of Income Tax Appellate Tribunal lies only before the High Court within whose territorial jurisdiction the assessing officer is located.As per Section 260A of IT Act, an appeal shall lie to the High Court from every order passed in appeal by the Appellate …

Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court
2 years, 4 months ago

Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court

Live Law  

The Delhi High Court has said the Central Administrative Tribunal "ordinarily should" endeavour to examine a case on merits rather than dismissing the same on technicalities.Dismissing a plea filed by an employee challenging the order by which his original application against the disciplinary action taken against him was rejected by CAT, a division bench of Justice Sanjeev Sachdeva. The Delhi …

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court
2 years, 6 months ago

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that if the first appeal is dismissed by the first appellate authority solely upon rejection of the application for condonation of delay in filing the same, the jurisdiction of the second appellate authority would be confined to determining if the delay in filing the appeal before the first appellate authority should …

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court
2 years, 8 months ago

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court

Live Law  

The Supreme Court observed that an already admitted appeal against conviction cannot be dismissed on the ground that the accused is absconding.In this case, the accused was convicted by the Trial Court under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act, 1959. The Supreme Court observed that an already admitted appeal against …

If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court
2 years, 11 months ago

If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court

Live Law  

The Supreme Court observed that a reference to Full Bench of Central Administrative Tribunal is not required if there in a case of difference of opinion between the Judicial Member and the Administrative Member of the Tribunal.In such a situation, the matter is required to be referred to the third Member/Chairman who has to give his own decision upon such …

[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 …

Supreme Court dismisses appeal against Patna High Court verdict in 38-year-old case
3 years, 2 months ago

Supreme Court dismisses appeal against Patna High Court verdict in 38-year-old case

The Hindu  

The Supreme Court has dismissed an appeal filed against a verdict of the Patna High Court modifying the conviction and sentence awarded to a man from life term to five years in a 38-year-old case in which a person had died after he had sustained injuries in a scuffle over grazing of crops. A Bench headed by Justice U. U. …

District Judge (Entry Level), Direct From Bar Examination – 2021, Bihar
3 years, 3 months ago

District Judge (Entry Level), Direct From Bar Examination – 2021, Bihar

Live Law  

High Court of Judicature at Patna invites application for District Judge, Direct From Bar Examination-2021 from eligible advocates. of Post: 18 Essential Qualification and Experience • Any applicant who has not completed 7 years of practice on the last date of receipt of application as specified in the • Prosecuting officers/ Assistant Prosecuting officers are treated to be advocates and …

Second Appeal, After Its Admission With Formulation Of Substantial Question Of Law, Cannot Be Disposed Of Summarily: Supreme Court
3 years, 7 months ago

Second Appeal, After Its Admission With Formulation Of Substantial Question Of Law, Cannot Be Disposed Of Summarily: Supreme Court

Live Law  

A second appeal, after its admission with formulation of substantial question of law, cannot be disposed of summarily, the Supreme Court observed in an order passed last week.The bench of Justices Vineet Saran and Dinesh Maheshwari observed that once a second appeal is admitted, on the High Court being satisfied that a substantial question of law is involved in the …

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court
3 years, 10 months ago

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court

Live Law  

While deciding a criminal appeal on merits, the High Court is required to apply its mind to the entirety of the case including the evidence on the record before arriving at its conclusion, the Supreme Court reiterated.The bench of Justices DY Chandrachud and MR Shah observed thus while allowing an appeal against an Allahabad High Court judgment which reversed the …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 8 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

Section 482 CrPC: HC Should Assign Reasons As To Why A Petition Is Allowed Or Rejected: SC [Read Judgment]
5 years, 10 months ago

Section 482 CrPC: HC Should Assign Reasons As To Why A Petition Is Allowed Or Rejected: SC [Read Judgment]

Live Law  

The Supreme Court has once again made it clear that it is obligatory for the High Court to assign the reasons as to why a petition filed under Section 482 of Criminal Procedure Code is allowed or rejected. The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari in Jitender Kumar @ Jitender Singh vs. State of Bihar set …

When Can Appellate Court Allow Plea For Adducing Further Evidence: SC Explains [Read Judgment]
6 years, 1 month ago

When Can Appellate Court Allow Plea For Adducing Further Evidence: SC Explains [Read Judgment]

Live Law  

The Supreme Court, in a judgment delivered on Friday, explained the scope of power of the Appellate Court to allow the application for adducing further evidence in criminal cases. The bench comprising Justice Ashok Bhushan and Justice KM Joseph, allowed an appeal against the High Court judgment which had upheld the Sessions' court order rejecting the applications filed by the …

Executing Court Has No Jurisdiction To Decide Whether The Court Which Decreed The Suit Had Territorial Jurisdiction: SC [Read Judgment]
6 years, 2 months ago

Executing Court Has No Jurisdiction To Decide Whether The Court Which Decreed The Suit Had Territorial Jurisdiction: SC [Read Judgment]

Live Law  

The Supreme Court has observed that an executing court has no jurisdiction to decide whether the court which passed the decree had territorial jurisdiction. The bench in Sneh Lata Goel vs. Pushplata was considering an appeal against a Jharkhand High Court order that had set aside an executing court order which dismissed the objection as to territorial jurisdiction of the …

Tax Appeals Are To Be Filed Before The Bench Allotted To The District Where Dispute Arose: Bombay HC [Read Order]
6 years, 4 months ago

Tax Appeals Are To Be Filed Before The Bench Allotted To The District Where Dispute Arose: Bombay HC [Read Order]

Live Law  

The Bombay High Court recently examined an important question of law that whether tax appeals against orders from different tribunals can be heard at the principal bench of the high court even though the dispute arose in a district which comes under other benches like Nagpur, Aurangabad or Goa.A division bench of Justice MS Sanklecha and Justice Riyaz Chagla held …

SC Notice To Centre, MP On Steps Being Taken To Create Alternative Forum For Expeditious Hearing Of Criminal Appeals [Read Order]
6 years, 10 months ago

SC Notice To Centre, MP On Steps Being Taken To Create Alternative Forum For Expeditious Hearing Of Criminal Appeals [Read Order]

Live Law  

‘Issue notice to the Union of India as well as to the State of Madhya Pradesh to consider whether any steps are being taken to ensure expeditious hearing of such appeals by creating an alternative forum as suggested in Krishna Kant Tamrakar or otherwise.’The Supreme Court has issued a notice to Union of India and the State of Madhya Pradesh …

Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment Itself: SC [Read Judgment]
6 years, 10 months ago

Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment Itself: SC [Read Judgment]

Live Law  

First "such questions should arise in the appeal", second, "assign the reasons for framing the additional questions" and third, "frame the questions at the time of hearing the appeal", the bench said.The Supreme Court, in Vijay Arjun Bhagat vs. Nana Laxman Tapkire, while setting aside a high court judgment, observed that the high court can frame additional substantial questions of …

If The De Facto Complainant Has Right To Appeal, Why Can’t He Seek Further Investigation? SC Larger Bench To Examine [Read Order]
6 years, 10 months ago

If The De Facto Complainant Has Right To Appeal, Why Can’t He Seek Further Investigation? SC Larger Bench To Examine [Read Order]

Live Law  

The Supreme Court on Monday has referred to a larger bench to examine whether a criminal court is competent to direct further investigation at the instance of de-facto complainant, in the light of 2009 amendment of the Code of Criminal Procedure that created a right of appeal in favour of a victim.In this case, the Supreme Court was hearing a …

Bombay HC Disposes Of Appeal On ‘Rate Of Duty’, ‘Value Of Goods’ As Not Maintainable [Read Judgment]
7 years, 8 months ago

Bombay HC Disposes Of Appeal On ‘Rate Of Duty’, ‘Value Of Goods’ As Not Maintainable [Read Judgment]

Live Law  

Disposing of an appeal filed under Section 35 G of the Central Excise Act by the Commissioner of Central Excise and Service Tax, Kolhapur, the Bombay High Court said the same was not maintainable.Preliminary objection was raised by the respondents to the maintainability of this appeal under Section 35 G.Upon examination of the said section, a bench of Justice Anoop …

Bombay HC Disposes Of Appeal On ‘Rate Of Duty’, ‘Value Of Goods’ As Not Maintainable [Read Judgment]
7 years, 8 months ago

Bombay HC Disposes Of Appeal On ‘Rate Of Duty’, ‘Value Of Goods’ As Not Maintainable [Read Judgment]

Live Law  

Disposing of an appeal filed under Section 35 G of the Central Excise Act by the Commissioner of Central Excise and Service Tax, Kolhapur, the Bombay High Court said the same was not maintainable.Preliminary objection was raised by the respondents to the maintainability of this appeal under Section 35 G.Upon examination of the said section, a bench of Justice Anoop …

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]
7 years, 10 months ago

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]

Live Law  

A division of Madhya Pradesh High Court has held the High Court has power to condone delay in filing an appeal made under section 23 of the Railway Claims Tribunal Act in exercise of powers under section 5 of the Limitation Act on sufficient cause being shown by an appellant.The division bench in response to the question referred to it …

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]
7 years, 10 months ago

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]

Live Law  

A division of Madhya Pradesh High Court has held the High Court has power to condone delay in filing an appeal made under section 23 of the Railway Claims Tribunal Act in exercise of powers under section 5 of the Limitation Act on sufficient cause being shown by an appellant.The division bench in response to the question referred to it …

Interpretation Of Documents And Examination Of Its Effect, Involves Questions Of Law: SC [Read Judgment]
8 years ago

Interpretation Of Documents And Examination Of Its Effect, Involves Questions Of Law: SC [Read Judgment]

Live Law  

The Supreme Court in Sk. Bhikan vs. Mehamoodabee, has observed that when a High Court is called upon to interpret the documents and examine its effect, it involves questions of law and it is obligatory upon the High Court to decide such questions on merits.The Bench comprising Justice Abhay Manohar Sapre and Justice R.K. Agrawal remanded a Second appeal to …

SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]
8 years, 5 months ago

SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]

Live Law  

However, the court has permitted the Bihar government to initiate the process of consultation by furnishing necessary information on its own assessment regarding the need to provide reservation in favour of specified backward classes in the judicial services of the state.The Supreme Cour,t in Govt. However, the court has permitted the Bihar government to initiate the process of consultation by …

SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]
8 years, 5 months ago

SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]

Live Law  

However, the court has permitted the Bihar government to initiate the process of consultation by furnishing necessary information on its own assessment regarding the need to provide reservation in favour of specified backward classes in the judicial services of the state.The Supreme Cour,t in Govt. However, the court has permitted the Bihar government to initiate the process of consultation by …

Family Court order setting aside ex-parte judgment is appealable: Orissa HC [Read Judgment]
8 years, 6 months ago

Family Court order setting aside ex-parte judgment is appealable: Orissa HC [Read Judgment]

Live Law  

An application to set aside an ex-parte decree is an ‘interlocutory judgment’, which finally determines the right of the parties in the said proceeding, the Bench observed.The Orissa High Court in Gyanasis Jena vs. Rekha Swain, has held that a family court order allowing an application to set aside an ex-parte judgment is appealable under Section 19 of the Family …

‘District Judge dismissing 45 appeals in three days’ cannot be a ground to transfer an appeal to another court; AP High Court
8 years, 8 months ago

‘District Judge dismissing 45 appeals in three days’ cannot be a ground to transfer an appeal to another court; AP High Court

Live Law  

When Courts, which move at snail’s pace, are ridiculed, we do not know how Courts that proceed on fast track could also be condemned, the Bench said.The High court of Andhra Pradesh has observed that mere apprehension of litigants that they might not get justice from a particular judge, because the judge dismissed around 45 appeals within three days, is …

‘District Judge dismissing 45 appeals in three days’ cannot be a ground to transfer an appeal to another court; AP High Court
8 years, 8 months ago

‘District Judge dismissing 45 appeals in three days’ cannot be a ground to transfer an appeal to another court; AP High Court

Live Law  

When Courts, which move at snail’s pace, are ridiculed, we do not know how Courts that proceed on fast track could also be condemned, the Bench said.The High court of Andhra Pradesh has observed that mere apprehension of litigants that they might not get justice from a particular judge, because the judge dismissed around 45 appeals within three days, is …

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]
9 years, 4 months ago

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]

Live Law  

A two Judge Bench of Supreme Court held that in no circumstances the High Court can reverse the judgment of the trial court and the first appellate court without formulating the substantial question of law and complying with the mandatory requirements of Section 100 CPC.The Bench was examining the question ‘whether the High Court was justified in passing the. A …

SC gives 6 months time to Government for decision on establishment of National Court of Appeal
10 years, 5 months ago

SC gives 6 months time to Government for decision on establishment of National Court of Appeal

Live Law  

A Supreme Court bench headed by Chief Justice H.L. V. Vasanthakumar, for issuance SC gives 6 months time to Government for decision on establishment of National Court of Appeal of a writ of mandamus directing the Government, Ministry of Law and Justice and the Supreme Court of India for a full fledged consideration of his prayer and implementation of the …

Reference of a case to a larger Bench has to be for a reconsideration of the principle of law and not the merits of the decision; SC
10 years, 11 months ago

Reference of a case to a larger Bench has to be for a reconsideration of the principle of law and not the merits of the decision; SC

Live Law  

A three Judge Bench of the Supreme Court headed by the Chief Justice of India has held that reference of a case to a larger Bench necessarily has to be for a reconsideration of the principle of law on which the case has been decided and not the merits of the decision. On the contrary, Sidharth Luthra, Additional Solicitor General …

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