Search Results for "statutory right of appeal"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...

Search Results for "statutory right of appeal"

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High Court

High Court Dismisses Writ Petition in Cooperative Society Membership Dispute Under Maharashtra Cooperative Societies Act, 1960. The court upheld the appellate authority's order allowing membership transfer, finding that the society's refusal was not based on sufficient cause as required under Section 23, and principles of res judicata do not apply to successive membership applications.

5 Mar 2026

The writ petition was filed by a cooperative housing society challenging the judgment and order dated 30 August 2019 passed by the Divisional Joint Re...

High Court

Reinstatement of Wrongfully Terminated Headmaster. Legal Battle Over Procedural Bars Ends with Full Back Wages and Continuity of Service Under MEPS Act

12 Jun 2024

Petition challenges the dismissal of the petitioner’s appeal under Section 9 of The Maharashtra Employees of Private Schools (Conditions of Serv...

Supreme Court

Supreme Court Reiterates: Statutory Remedies Must Be Exhausted in SARFAESI Disputes. When alternative statutory remedies exist, courts should not entertain writ petitions under Article 226.

10 Apr 2024

The Supreme Court dealt with the legality of a High Court's interference in an auction sale under the SARFAESI Act, despite the availability of an alt...

Supreme Court

Supreme Court Quashes High Court's Revisional Order Convicting Accused in IPC Offences Due to Jurisdictional Error. High Court Cannot Convert Acquittal into Conviction Under Section 401 Cr.P.C.; Matter Remanded for Treatment as Appeal Under Section 372 Cr.P.C. After Victim's Right to Appeal Was Invoked.

25 Jan 2022

The Supreme Court addressed appeals by accused persons against a High Court judgment that reversed their acquittal and convicted them while exercising...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

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 ...

Supreme Court

Supreme Court Refers to Larger Bench Question of Maintainability of Review Petition After Dismissal of SLP in Limine. The issue is whether a review petition is maintainable before the High Court after the Supreme Court dismisses a special leave petition without granting leave, particularly when the dismissal is in limine and by a non-speaking order.

1 Mar 2019

The case arises from a money suit filed by the respondent (a cooperative sugar factory under liquidation) against the appellant (Khoday Distilleries L...

Supreme Court

Supreme Court Allows Appeal Against Ex-Parte Decree Despite Dismissal of Order IX Rule 13 Application — Delay Condoned Due to Pendency of Earlier Proceedings. The Court held that the statutory right of appeal under Section 96(2) CPC is not extinguished by the dismissal of an application under Order IX Rule 13 CPC, and time spent in bona fide proceedings for setting aside the ex-parte decree constitutes sufficient cause for condonation of delay under Section 5 of the Limitation Act.

1 Jan 2019

The Supreme Court allowed the appeal filed by the defendant-appellant against the order of the Madras High Court refusing to condone the delay of 546 ...

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