Articles for Order Appeal

Karnataka High Court Issues Notice On CM Siddaramaiah's Appeal Against Order Upholding Governor's Sanction To Prosecute In MUDA Case
1 month ago

Karnataka High Court Issues Notice On CM Siddaramaiah's Appeal Against Order Upholding Governor's Sanction To Prosecute In MUDA Case

Live Law  

The Karnataka High Court on Thursday issued notice to the state government and other respondents in an appeal by Chief Minister Siddaramaiah challenging the single judge's order which had upheld Governor Thaawarchand Gehlot's decision granting sanction to investigate him in the alleged Mysore Urban Development Authority scam.The CM submitted before the court that Section. The Karnataka High Court on Thursday …

Karnataka Appeal Court Sanction Order Judge Notice
Appeals U/S 260A Of Income Tax Act Not Sustainable In Absence Of Perversity In Tribunal's Fact Finding: Allahabad High Court
1 month, 1 week ago

Appeals U/S 260A Of Income Tax Act Not Sustainable In Absence Of Perversity In Tribunal's Fact Finding: Allahabad High Court

Live Law  

While entertaining an Income Tax Appeal, the Allahabad High Court has held that an appeal under Section 260A of the Income Tax Act, 1961 cannot be sustained without establishing a perversity with the fact finding of the Tribunal. A catena of Supreme Court judgments have concluded that in relation to facts, no substantial question of law would arise unless the …

High Court Appeal Tax Income Tax Income Tax Act Order Income
NCLAT Rejects One-Day Delay in Filing Appeal Against NCLT Order: Appellate of Order Dated 03.07.2024
2 months, 1 week ago

NCLAT Rejects One-Day Delay in Filing Appeal Against NCLT Order: Appellate of Order Dated 03.07.2024

Live Law  

The NCLAT has ruled in favor of the appellants in the case involving a delay in filing an appeal against an order of the NCLT. The court held that the limitation for condonation of a delay starts from the date of pronouncement of the order, and not from the date of uploading the order on the website of the NCLT.

Law Case Law NCLT Order Condonation of Delay New Delhi
ITAT Allows Depreciation Claim On Non Compete Fee, Deletes Penalty
5 months, 2 weeks ago

ITAT Allows Depreciation Claim On Non Compete Fee, Deletes Penalty

Live Law  

The Delhi Bench of Income Tax Appellate Tribunal has allowed the claim of depreciation on non-competing fees.The bench of Yogesh Kumar U.S. and Pradip Kumar Kedia has deleted the penalty imposed pursuant to the addition of Rs. 21,89,970 made on account of disallowance of depreciation on noncompeting fees.The assessment order came to be passed. The bench of Yogesh Kumar U.S. …

Penalty Order Fee Account Itat Assessee Cit
'Why withdraw appeal against order quashing privilege notice?' asks Madras HC
6 months, 2 weeks ago

'Why withdraw appeal against order quashing privilege notice?' asks Madras HC

New Indian Express  

CHENNAI: The Madras High Court has questioned the rationale behind the Tamil Nadu Assembly Secretary’s move to withdraw the appeal petition filed against the HC order quashing the breach of privilege notice issued to the then Leader of Opposition M K Stalin and other DMK MLAs concerned for sneaking gutka packets into the Assembly as a mark of protest when …

Supreme Court Refuses To Entertain Petition Challenging SARFAESI Condition Of Pre-deposit To Appeal Before DRAT
6 months, 2 weeks ago

Supreme Court Refuses To Entertain Petition Challenging SARFAESI Condition Of Pre-deposit To Appeal Before DRAT

Live Law  

The Supreme Court on Wednesday declined to issue notice in a petition filed by a Company Director challenging the validity of the condition of 50% pre-deposit for an appeal to DRAT under S. 18 of the SARFAESI Act. The main contention of the petitioner was that the provisos to the S. 18 impose the condition of depositing either 50% of …

Supreme Court Appeal Court Order Petition Petitioner Drat
New York’s top court declines to hear Trump’s appeal of gag order in hush money case
6 months, 3 weeks ago

New York’s top court declines to hear Trump’s appeal of gag order in hush money case

LA Times  

New York’s top court declined Tuesday to hear Donald Trump’s gag order appeal, leaving the restrictions in place following his felony conviction last month. They argued that the gag order restricted Trump’s “core political speech on matters of central importance at the height of his Presidential campaign.” But the Court of Appeals disagreed. In a decision list posted on Tuesday, …

Trial Court Trump Merchan Gag Gag Order Order Appeal
WikiLeaks founder Assange wins right to appeal against an extradition order to the US
7 months, 3 weeks ago

WikiLeaks founder Assange wins right to appeal against an extradition order to the US

Associated Press  

LONDON — WikiLeaks founder Julian Assange can appeal an extradition order to the United States on espionage charges, a London court ruled Monday — a decision likely to further drag out an already long legal saga. High Court judges Victoria Sharp and Jeremy Johnson ruled for Assange after his lawyers argued that the U.S. government provided “blatantly inadequate” assurances that …

London Court Amendment Free Assange Wikileaks First Amendment
[Intra-Court Appeal] Single Bench Not A Court Subordinate To Division Bench, Matter Decided On Merits Can't Be Remitted Back: Karnataka HC
11 months, 3 weeks ago

[Intra-Court Appeal] Single Bench Not A Court Subordinate To Division Bench, Matter Decided On Merits Can't Be Remitted Back: Karnataka HC

Live Law  

The Karnataka High Court has said that in an intra-court appeal, the division bench of the high court in its jurisdiction under Article 226 of the Constitution cannot remit a matter back to the single judge bench if it has been decided on merits. Justice Nagaprasanna said, “Remand, in the normal circumstances, except those considered by the Full Bench, even …

Karnataka Appeal Court Order Judge State Bench
IBC | Inappropriate For NCLAT To Direct NCLT To Admit Petition Under Section 7 Without Evaluating Rival Contentions On Merits: Supreme Court
1 year ago

IBC | Inappropriate For NCLAT To Direct NCLT To Admit Petition Under Section 7 Without Evaluating Rival Contentions On Merits: Supreme Court

Live Law  

The Supreme Court has set aside an order passed by the National Company Law Appellate Tribunal whereby the National Company Law Tribunal was directed to admit a petition under Section 7 of Insolvency and Bankruptcy Code, 2016. The Bench comprising Chief Justice of India Dr. Dhananjaya Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra, has held that it …

Supreme Court Appeal Debt Order Limitation Nclt Direct
Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law : Supreme Court
1 year, 4 months ago

Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law : Supreme Court

Live Law  

The Supreme Court observed that an appeal from an order of Workmen’s Compensation Commissioner can be entertained only if there exists a substantial question of law to be considered/The bench of Justices Abhay S Oka and Sanjay Karol observed that the Workmen’s Compensation Commissioner is the last authority on facts.In this case, the High Court of Gujarat at Ahmedabad set …

Law Appeal Compensation Court Order Commission Act
Leaving India And Unable To Receive Notice Is Not The Commission’s Responsibility, Kerala State Commission Refuses To Condone 2,279-Day Delay In Filing Appeal
1 year, 5 months ago

Leaving India And Unable To Receive Notice Is Not The Commission’s Responsibility, Kerala State Commission Refuses To Condone 2,279-Day Delay In Filing Appeal

Live Law  

Recently, the State Consumer Disputes Redressal Commission in Thiruvananthapuram bench, comprising of Ajith Kumar, Beena Kumary, and Radhakrishnan K.R., refused to condone a delay of 2,279 days in filing of an appeal and held that condonation of delay could not be claimed as a matter of right. 50,000 as compensation for the deficient service to the Mr Jayagopal K.. Aggrieved …

India Appeal Order State Commission Delay State Notice
Modi surname case: SC to hear Rahul Gandhi’s appeal today
1 year, 5 months ago

Modi surname case: SC to hear Rahul Gandhi’s appeal today

Live Mint  

The Supreme Court has fixed a hearing date of July 21 for the appeal filed by Congress leader Rahul Gandhi. In his appeal, Rahul Gandhi has expressed concerns that, if the Gujarat High Court's judgment given on July 7, is not stayed, it could lead to a curb on free speech, expression, thought and statements. The case was in response …

India Court Congress Gujarat Conviction Gandhi Case
Delhi High Court Seeks NIA’s Response On Separatist Leader Nayeem Khan’s Appeal Against Framing Of Charges In Terror Funding Case
1 year, 8 months ago

Delhi High Court Seeks NIA’s Response On Separatist Leader Nayeem Khan’s Appeal Against Framing Of Charges In Terror Funding Case

Live Law  

The Delhi High Court on Wednesday sought response of the National Investigation Agency in the appeal moved by separatist leader Nayeem Ahmad Khan challenging the trial court order framing charges against him in a UAPA case of alleged terror funding.A division bench of Justice Siddharth Mridul and Justice Talwant Singh issued notice on Khan’s appeal against the trial court order …

Appeal Evidence Delhi High Court Separatist Case Charges Khan
Madras High Court recalls judgement passed by its former CJ, says it had been delivered without serving notice on respondent
1 year, 10 months ago

Madras High Court recalls judgement passed by its former CJ, says it had been delivered without serving notice on respondent

The Hindu  

The Madras High Court has recalled a judgement passed by the first Division Bench led by its former Chief Justice A.P. A Bench of Justices R. Subramanian and Govindarajan Thilakavadi recalled the judgement in its entirety after the High Court Registry filed a report conceding the contention of advocate M. Radhakrishnan that his client B. Vivekanandan was not served with …

Justice Court Writ Order Seniority Bench Recalled
SC Dismisses Google's Plea for Modification in Jan 19 Order Upholding NCLAT View on Penalty
1 year, 11 months ago

SC Dismisses Google's Plea for Modification in Jan 19 Order Upholding NCLAT View on Penalty

News 18  

New Delhi: The Supreme Court on Friday refused to entertain the plea of Google LLC seeking modification of its January 19 order and said the company can raise its grievances during hearing of its appeal before the NCLAT. On January 19, in a setback to Google, the top court had endorsed the order of the NCLAT declining to grant an …

Court Google Order Hearing Jan Nclat Cci
India welcomes UK HC's order on Nirav Modi extradition: ‘Want to bring him...’
2 years, 2 months ago

India welcomes UK HC's order on Nirav Modi extradition: ‘Want to bring him...’

Hindustan Times  

India on Thursday welcomed the United Kingdom High Court decision to reject fugitive diamantaire Nirav Modi's appeal against his extradition. India welcomes UK HC's order on Nirav Modi extradition: ‘Want to bring him.’ Ministry of External Affairs spokesperson Arindam Bagchi said the government 'wants to bring Nirav Modi to India as soon as possible'. The court on Wednesday dismissed Modi’s …

India Extradition Modi Nirav Modi
Right To Choose Forum For Redressal Of Grievance Does Not Permit Choice Of Two Forums For Same Reliefs: J&K&L High Court Imposes 50K Cost
2 years, 2 months ago

Right To Choose Forum For Redressal Of Grievance Does Not Permit Choice Of Two Forums For Same Reliefs: J&K&L High Court Imposes 50K Cost

Live Law  

Coming down heavily on a petitioner for "forum hunting" and suppression of material facts, the Jammu and Kashmir and Ladakh High Court recently imposed a penalty of Rs. High Court noted that the Petitioner had already filed an appeal before the civil court, which is pending adjudication before the court of 3rd Additional District & Sessions Judge, Srinagar. "I, hold …

India High Court Appeal Court Civil Writ Order
Appeal U/S 21 NIA Act Not Maintainable Against Order Framing Charges: Meghalaya High Court
2 years, 3 months ago

Appeal U/S 21 NIA Act Not Maintainable Against Order Framing Charges: Meghalaya High Court

Live Law  

The Meghalaya High Court has held that an order framing charges under stringent provisions of UAPA cannot be challenged in appeal under Section 21 of the National Investigation Agency Act.A bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed that the scheme of the NIA Act envisages speedy process of trial and finality of action. The Meghalaya High …

Appeal Trial Order Charges High Nia Code
NC Supreme Court taking over appeal on voting by offenders
2 years, 8 months ago

NC Supreme Court taking over appeal on voting by offenders

Associated Press  

RALEIGH, N.C. — The North Carolina Supreme Court said on Friday it would take over a lawsuit seeking to change when felony offenders can vote again, rather than wait for intermediate-level appeals judges to decide whether it was right for a trial court to loosen restrictions. Friday’s Supreme Court decision, which didn’t identify whether some justices opposed accepting the case …

Law Supreme Court Appeal Trial Judges Court Voting
Pre-Deposit Payment Made By Parent Company Having Separate Service Tax Registration Amounts To Proper Compliance: Madras High Court
2 years, 8 months ago

Pre-Deposit Payment Made By Parent Company Having Separate Service Tax Registration Amounts To Proper Compliance: Madras High Court

Live Law  

The Madras High Court bench of Justice R. Subramanian and Justice N.Sathish Kumar has held that the pre-deposit payment made by the parent company having a separate service tax registration amounts to proper compliance. The assessee contended that the Tribunal had refused to accept the deposit as a proper compliance with the conditional order passed, because both the companies had …

Appeal Court Order Company Tribunal Parent Assessee
Justice Dept. to appeal order voiding travel mask mandate
2 years, 8 months ago

Justice Dept. to appeal order voiding travel mask mandate

Associated Press  

WASHINGTON — The Justice Department is filing an appeal seeking to overturn a judge’s order that voided the federal mask mandate on planes and trains and in travel hubs, officials said. The CDC said in a statement that it is its “continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the …

Appeal Order Public Transit Biden Mandate Cdc Justice Dept
Appeal Against CESTAT Order, On Classification Of Goods, And Determination Of Customs Duty Lies Before The Supreme Court: Bombay High Court
2 years, 8 months ago

Appeal Against CESTAT Order, On Classification Of Goods, And Determination Of Customs Duty Lies Before The Supreme Court: Bombay High Court

Live Law  

The Bombay High Court has ruled than an appeal from an order passed by the Customs, Excise & Service Tax Appellate Tribunal, involving the question with respect to classification of goods under the Customs Act, 1962, would lie before the Supreme Court under Section 130E of the Customs Act, since it is primarily related to determination of the rate of …

Appeal Determination Court Bombay High Court Customs Classification Duty
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
2 years, 9 months 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 …

Appeal Court Order Right High Respondent Forum