Search Results for Tag : Appellate Court

Judgments

It is the duty of First Appellate Court to appreciate entire evidence and arrive at its own independent conclusion(04.12.2017)

The Appellant filed a suit in the Court of City Civil Judge, against the Respondents for a declaration and permanent injunction in relation to the lan.....

Tags : Appreciation, Evidence, Appellate Court, Duty

Court has to be very cautious in interfering with an appeal unless there are compelling and substantial grounds to interfere with order of acquittal(09.11.2016)

Instant appeal arises out of judgment passed by the High Court of Madhya Pradesh, whereby the High Court has partly allowed the appeal preferred by th.....

Tags : Acquittal, Appellate Court, Interference, Scope

News

Bombay HC: Appellate Court Can’t Dismiss Appeal Under S.386 Without Considering it on Merits(27.04.2017)

Bombay High Court has held that an Appellate Court cannot dismiss an appeal exercising its jurisdiction under Section 386, unless matter has been deci.....

Tags : Supreme Court, Appellate Court

SC: 'Concurrent Findings of Fact by Trial Court & Appellate Courts Binding on Apex Court'(31.07.2017)

Supreme Court has observed that if there are concurrent findings of fact by Trial Court, first and second Appellate Courts, such findings are binding .....

Tags : Supreme Court, Trial Court & Appellate Courts

Bombay High Court: Seat of the Tribunal to Decide the Appellate Court(20.05.2019)

Bombay High Court has observed that the seat of the Tribunal would decide the jurisdiction of the Court to which the appeal would lie under the Income.....

Tags : Bombay High Court, Appellate Court

SC: First Appellate Court Should Comply with Requirements of Order XLI Rule 31 CPC(13.02.2020)

Supreme Court has observed that a judgment of a First Appellate Court has to set out points for determination, record the decision thereon and give it.....

Tags : Supreme Court, First Appellate Court

Sikkim HC: Can’t Reduce Sentence if Trial Court Awarded Minimum Punishment Prescribed by Statute(06.12.2022)

Sikkim High Court has held that minimum sentence prescribed by the statute has to be imposed on the guilty and it cannot be reduced by the Appellate C.....

Tags : Sikkim High Court, Minimum Sentence, Appellate Court

SC: Appellate Court Can’t Remand Suit for De Novo Trial Only Because Evidence Not Adduced(01.03.2023)

Supreme Court has held that merely because particular evidence which ought to have been adduced but had not been adduced, the Appellate Court cannot a.....

Tags : Supreme Court, Appellate Court, De Novo Trial, Evidence

Kerala High Court: Discretion of Appellate Court to Waive/Deposit of Minimum 20% Fine(29.03.2024)

Kerala High Court has held that under Section 148 of the Negotiable Instruments Act, it is at the discretion of the Appellate Court to either order a .....

Tags : Kerala High Court, Section 148 of NI Act, Appellate Court, Fine

Principles to be Followed by Appellate Court While Reversing Acquittal, Restated by Supreme Court(22.04.2024)

SC has restated the principles to be followed by appellate court while reversing acquittal which include judgement suffering from patent perversity, j.....

Tags : Supreme Court, Appellate Court, Acquittal

SC: If App. Court Deals With Issues Rising for Deliberation, Omission to Sep. Frame Issues Not Fatal(13.05.2024)

Supreme Court has held that even if the first appellate court does not separately frame the points for determination arising in the first appeal, it w.....

Tags : Supreme Court, Appellate Court, Deliberation

AP HC: Condition to Deposit Min. 20% Fine May be Relaxed by Court if Exceptional Case Made Out(30.08.2024)

AP HC has held that, Appellate Court will be justified in imposing condition of deposit as provided in S. 148 of N.I Act, 1881. However, in a case, wh.....

Tags : AP High Court, S. 148 of NI Act, Appellate Court

SC: Can’t Set Aside Arbitral Award Only Because Appellate Court's View is a Better View(30.09.2024)

Supreme Court has observed that merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribuna.....

Tags : Supreme Court, Appellate Court, Arbitral Award

Supreme Court: Appellate Courts Must Limit Interference in Arbitral Awards(29.01.2025)

Supreme Court has observed that Appellate Courts must limit their interference in arbitral awards and it should be done only in cases of perversity, v.....

Tags : Supreme Court, Appellate Courts, Arbitral Awards

Del. HC: Conviction u/s 138 of NI Act Can’t Qualify as Reason for Appellate Court to Seek 20% Deposit(20.03.2025)

Delhi High Court has observed that conviction of accused under Section 138 of the Negotiable Instruments Act, 1881 does not qualify as a reason for Ap.....

Tags : Delhi High Court, Appellate Court, Section 138

Jharkhand HC: While Remanding Back Matter, Appellate Court Must Set Aside Impugned Order(28.04.2025)

Jharkhand High Court has observed that when a case is remanded for the matter to be decided afresh, it is incumbent on the part of the appellate court.....

Tags : Jharkhand High Court, Appellate Court, Impugned Order

Supreme Court: Appellate Courts Have Limited Power to Modify Arbitral Awards(30.04.2025)

Supreme Court by a 4:1 majority has held that Appellate Courts while exercising powers under Section 34 or 37 of the Arbitration and Conciliation Act,.....

Tags : Supreme Court, Appellate Courts, Arbitral Awards

Supreme Court: Appellate Courts Reversing Acquittal Must Themselves Hear Convicts on Sentence(27.05.2026)

Supreme Court held that when an appellate court reverses an acquittal and convicts an accused, it must itself hear the convict on sentencing and canno.....

Tags : Appellate Courts; Acquittal; Convicts