September 07, 2018: LAND ACQUISITION-Any act done by the parties in relation to the subject matter of the appeals after the impugned order, cannot be pressed into service to support the impugned order. In other words, the legality and correctness of the impugned order has to be examined in the light of reasoning contained in the impugned order and not on the basis of the acts done by the parties subsequent to the passing of impugned order. It is for this reason the acts done by the party subsequent to passing of the impugned order are of no relevance for deciding the present appeals. APPEAL ALLOWED.… Read More Mysore Urban Development Authority Vs. K.M. Chikkathayamma & Ors.[ALL SC 2018 September]
The petitioner obtained rule nisi in 1976 and waited for 7 years for its being heard. Suddenly one day the High Court consistent with its calendar fixed the matter for bearing on April 21, 1983.… Read More No fault of Client who appointed a counsel to represent him who failed to appear
Supreme Court of India in Gurcharan Singh vs Surjit Singh & Anr decided on 2 November, 2012 The Calcutta High Court has taken a similar view in State of West Bengal v. Manisha Maity (supra) that Order XXII, Rule 4 of the CPC providing for the procedure for substitution of the heirs and legal representatives of… Read More Whether an application for substitution of a respondent who was dead when the Special Leave Petition was filed was maintainable, and if not, the remedy of the petitioner when he comes to learn that the respondent was actually dead when he filed the Special Leave Petition.
Section – 246 : Appealable orders Section – 246A : Appealable orders before Commissioner (Appeals) Section – 247 : Appeal by partner Section – 248 : Appeal by a person denying liability to deduct tax in certain cases Section – 249 : Form of appeal and limitation Section – 250 : Procedure in appeal
SECTION 104 to 106: ORDERS FROM WHICH APPEAL LIES (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:– (ff) an order under section 35A; (ffa) an order under section… Read More Appeals from certain Orders under Civil Code
02-02-1998 Supreme Court has no power to enhance sentence in the absence of an appeal by the Government presented specifically for that purpose more so because the Supreme Court has no revisional powers which the High Court and Court of Sessions are conferred with by the present Code. Article 142 should not be made far… Read More When exercising appellate jurisdiction under Article 136, the Supreme Court has power to pass any order.