When Can Appeals Be Dismissed As ‘Not Pressed’ And ‘As Withdrawn’, SC Explains [Read Judgment]
6 years, 6 months ago

When Can Appeals Be Dismissed As ‘Not Pressed’ And ‘As Withdrawn’, SC Explains [Read Judgment]

Live Law  

Neither there was any express prayer made by the MUDA and nor it could be inferred from the document relied on by the Division Bench at the instance of respondents for forming an opinion “not to press the appeal”. The bench of Justice Abhay Manohar Sapre and Justice S. Abdul Nazeer observed that the appeals filed by the MUDA could not have been dismissed “as not pressed” and should have been decided on merits. The respondents, however, cannot compel the appellant to give up the right of prosecuting the appeal unless the respondents are able to show any express provision in law in that behalf or valid reasons acceptable in law which deprive the appellant from prosecuting his grievance in appeal.” The bench further said: “If the appellant is a juristic entity created under the Act, they have to ensure strict compliance of the relevant provisions of the Act under which they are created coupled with ensuring compliance of relevant provisions of the Code of Civil Procedure for forgoing their right to prosecute the appeal on merits. Similarly, when such prayer is made at the instance of the respondent and is opposed by the appellant, the same has to be dealt with strictly in accordance with law by the Appellate Court.” The court also said any act done by the parties in relation to the subject matter of the appeals after the impugned order could not be pressed into service to support the impugned order.

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History of this topic

Karnataka High Court Admits Appeal Filed By ED Against Order Quashing Case Against Former MUDA Commissioner
2 weeks, 2 days ago

Karnataka High Court Admits Appeal Filed By ED Against Order Quashing Case Against Former MUDA Commissioner

Live Law  

The Karnataka High Court on Monday admitted the appeal filed by Enforcement Directorate challenging an order of the single judge which had allowed the petition filed by former Commissioner of Mysore Urban Development Authority, Dr Natesha D B, during whose tenure alleged illegal allotment of land sites was made to Chief Minister Siddaramiah's wife Paravathi. The single judge bench had …

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court
2 weeks, 6 days ago

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a complainant in a case under the Negotiable Instruments Act, can file an appeal against an acquittal order before the Sessions Court and need not approach the high court. In the present case, Justice S Rachaiah referred to Section 378 of CrPC which states that if an order of acquittal is passed in …

High Court notice to Karnataka government over dropping cases against MPs, MLAs
3 weeks, 6 days ago

High Court notice to Karnataka government over dropping cases against MPs, MLAs

India Today  

The Karnataka High Court, on Thursday, issued notice to the state government in a petition challenging a government order to withdraw 43 criminal cases, in which former ministers, MLAs and persons of influence were named accused. A Division Bench of Chief Justice NV Anjaria and Justice MI Arun passed the order on the public interest litigation questioning the legality of …

Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23
4 months, 1 week ago

Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23

Live Law  

The Karnataka High Court on Thursday said it would hear next Saturday, Chief Minister Siddaramaiah's appeal challenging a single judge bench's order which had upheld the Governor's decision granting approval/ sanction for investigation against him in the alleged Mysore Urban Development Authority scam. The petition stands dismissed.” With respect to the application of Section 17A Prevention of Corruption Act the …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
4 months, 1 week ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed
5 months, 2 weeks ago

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed

Live Law  

While hearing a matter concerning a property dispute, the Telangana High Court reiterated that an act which is done in violation of an injunction order is invalid and should be undone by the court putting back the parties in the same position as they were before such an order was passed. In reiterating so, the High Court dismissed an appeal …

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties
9 months, 3 weeks ago

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties

Live Law  

A bench of Justice Madan Gopal Vyas at the Rajasthan High Court quashed an order of a trial court for passing a contradictory ad-interim order over another ad-interim order passed by it in the same matter. The Court observed the following: “This Court finds that the impugned order passed by the learned trial court is wholly without application of mind. …

[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 …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court
1 year, 5 months ago

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that the dismissal of the appeal by the appellate court solely due to the late submission of the certified copy of the order was not legally sustainable and amounted to a failure of justice. However, the appellate court dismissed the appeal holding that the certified copy of the impugned order …

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court
2 years, 7 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 …

Res Judicata: Son Bound By Judicial Proceedings Initiated By Father With Respect To Immovable Property, Rules Karnataka High Court
2 years, 9 months ago

Res Judicata: Son Bound By Judicial Proceedings Initiated By Father With Respect To Immovable Property, Rules Karnataka High Court

Live Law  

The Karnataka High Court has said that proceedings initiated by a father in respect of a claim of title over a property which is decided by the court will bind the son also. The authority had challenged the order passed by the single judge bench dated 25.02.2016, by which writ petition preferred by respondent Nos.1 to 1 was allowed and …

Party Having Right Of Appeal Does Not Have Corresponding Right To Insist For Consideration Of Appeal By Forum That Was No Longer In Existence: Supreme Court
3 years ago

Party Having Right Of Appeal Does Not Have Corresponding Right To Insist For Consideration Of Appeal By Forum That Was No Longer In Existence: Supreme Court

Live Law  

The Supreme Court has observed that a party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence.The bench of Justices Dinesh Maheshwari and Vikram Nath was considering a civil appeal preferred by Chief Divisional Retail Sales Manager, Divisional Office, Indian …

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal
3 years, 3 months ago

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal

Live Law  

While observing that the High Court has not exercised its discretion judiciously, the Supreme Court of India has set aside a High Court's order condoning a huge delay of 1011 days in preferring a second appeal in a case where no sufficient or satisfactory explanation has been given.A Bench comprising Justice MR Shah and Justice BV Nagarathna issued the direction …

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court
3 years, 7 months ago

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court

Live Law  

The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM …

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]
4 years, 8 months ago

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]

Live Law  

The Supreme Court recently set aside a Punjab and Haryana High Court order in a revision petition which directed parties in a civil suit to maintain 'status quo' despite the fact that no prima facie case was made out by the plaintiffs for grant of such relief. It did not make any findings of its own, but disposed of the …

Only Legislature Can File Writ Appeal Against Single Bench Order Setting Aside Expulsion Of MLAs, Says HC [Read Judgment]
6 years, 9 months ago

Only Legislature Can File Writ Appeal Against Single Bench Order Setting Aside Expulsion Of MLAs, Says HC [Read Judgment]

Live Law  

It is only the State Legislature which can prefer an appeal, if it is aggrieved by the order of the Learned Single Judge interdicting its decision to expel the respondent-writ petitioners as members of the House.Declining to entertain a writ appeal filed by 12 legislators against a single bench order that had set aside the resolution of the Telangana Legislative …

Only Legislature Can File Writ Appeal Against Single Bench Order Setting Aside Expulsion Of MLAs, Says HC [Read Judgment]
6 years, 9 months ago

Only Legislature Can File Writ Appeal Against Single Bench Order Setting Aside Expulsion Of MLAs, Says HC [Read Judgment]

Live Law  

It is only the State Legislature which can prefer an appeal, if it is aggrieved by the order of the Learned Single Judge interdicting its decision to expel the respondent-writ petitioners as members of the House.Declining to entertain a writ appeal filed by 12 legislators against a single bench order that had set aside the resolution of the Telangana Legislative …

Karnataka HC's Order Upholding The Ban On Mate Mahadevi's Book Is In Consonance With Law, Says SC [Read Order]
7 years, 5 months ago

Karnataka HC's Order Upholding The Ban On Mate Mahadevi's Book Is In Consonance With Law, Says SC [Read Order]

Live Law  

On September 20, the Supreme Court bench of Justices S.A. Bobde and L.Nageswara Rao dismissed the Kannada author and scholar, Mate Mahadevi's petition against the Karnataka High Court's order upholding the Karnataka Government's ban on her book, Basava Vachana Deepthi, without a reasoned order, after hearing arguments for two days. The non-reasoned order, which has been uploaded on Thursday, holds …

Karnataka HC's Order Upholding The Ban On Mate Mahadevi's Book Is In Consonance With Law, Says SC [Read Order]
7 years, 5 months ago

Karnataka HC's Order Upholding The Ban On Mate Mahadevi's Book Is In Consonance With Law, Says SC [Read Order]

Live Law  

On September 20, the Supreme Court bench of Justices S.A. Bobde and L.Nageswara Rao dismissed the Kannada author and scholar, Mate Mahadevi's petition against the Karnataka High Court's order upholding the Karnataka Government's ban on her book, Basava Vachana Deepthi, without a reasoned order, after hearing arguments for two days. The non-reasoned order, which has been uploaded on Thursday, holds …

Appellate Court Can’t Dismiss Appeal Under S.386 Without Considering It On Merits: Bombay HC [Read Judgment]
7 years, 10 months ago

Appellate Court Can’t Dismiss Appeal Under S.386 Without Considering It On Merits: Bombay HC [Read Judgment]

Live Law  

The Nagpur bench of the Bombay High Court has held that an appellate court cannot dismiss an appeal exercising its jurisdiction under Section 386, unless the matter has been decided on merits.Justice SB Shukre allowed a writ petition challenging a sessions court order dated June 28, 2016, wherein an appeal was dismissed on default for failure to deposit paper book …

Appellate Court Can’t Dismiss Appeal Under S.386 Without Considering It On Merits: Bombay HC [Read Judgment]
7 years, 10 months ago

Appellate Court Can’t Dismiss Appeal Under S.386 Without Considering It On Merits: Bombay HC [Read Judgment]

Live Law  

The Nagpur bench of the Bombay High Court has held that an appellate court cannot dismiss an appeal exercising its jurisdiction under Section 386, unless the matter has been decided on merits.Justice SB Shukre allowed a writ petition challenging a sessions court order dated June 28, 2016, wherein an appeal was dismissed on default for failure to deposit paper book …

‘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 …

Order dismissing a suit on ground of Res Judicata does not cease to be a Decree on account of a procedural irregularity of non-framing an issue: SC [Read Judgment]
8 years, 10 months ago

Order dismissing a suit on ground of Res Judicata does not cease to be a Decree on account of a procedural irregularity of non-framing an issue: SC [Read Judgment]

Live Law  

The Supreme Court in RISHABH CHAND JAIN & ANOTHER VS. GINESH CHANDRA JAINhas held that an order dismissing the suit on the ground of Res Judicata does not cease to be a decree on account of a procedural irregularity of non-framing an issue. Referring to provisions of CPC, the Court observed that the impugned order has conclusively determined the rights …

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