AI Overview...
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Appeal Allowed Only When Law Permits - Courts generally hold that an appeal cannot be entertained unless specifically allowed by law or if a substantial question of law is involved. Many decisions emphasize that appeals are subject to statutory provisions, and without such provisions, appeals are not maintainable. For example, under the Workmen's Compensation Act and similar statutes, appeals are dismissed if they do not involve substantial questions of law or are filed late without sufficient cause Adarsh Kumar Singhal VS Usha Devi - Uttarakhand, KAPILENDRA POTHAL VS REGISTRAR, CO-OPERATIVE SOCIETIES - Orissa.
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Conditions for Filing and Admitting Appeals - Several judgments highlight that appeals must adhere to procedural requirements, such as filing within prescribed time limits, obtaining necessary leave or condonation for delays, and raising substantial questions of law. For instance, appeals filed late due to genuine reasons may be condoned if sufficient cause is shown, but otherwise, they are dismissed ADI LAKSHAMMA VS SUBBARAYAPPA - Karnataka, Bharati Roy VS Shyamal Mukhopadhyay - Calcutta.
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Findings of Fact and Second Appeals - High Courts generally refrain from interfering with findings of fact unless they are perverse. The scope of second appeals is limited to questions of law, and courts do not re-assess factual findings unless they are manifestly unreasonable or perverse C. DODDANARAYANA REDDY (DEAD) BY LRS. VS C. JAYARAMA REDDY (DEAD) BY LRS. - Supreme Court.
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Legal Principles on Appeal Maintainability - The overarching principle across sources is that appeals are permissible only when explicitly provided for in law, involve substantial questions of law, or are filed within time with adequate cause. Without such conditions, courts dismiss appeals, reinforcing the necessity of statutory compliance for a valid appeal T. Anoop Raaj VS Special Joint Commissioner of Labour, (Appellate Authority under Tamil Nadu Shops and Establishment Act, 1947) - Madras, MANORAMABAI VS STATE OF M. P. - Madhya Pradesh, Adarsh Kumar Singhal VS Usha Devi - Uttarakhand.
Analysis and Conclusion:
The collected judgments reinforce that an appeal cannot be filed or entertained against an order unless the law explicitly permits it. Appeals must meet procedural requirements, such as timely filing and raising substantial questions of law. Courts are cautious about re-evaluating factual findings in second appeals unless they are perverse. Therefore, the fundamental principle is that an appeal cannot be filed against an order unless the law allows it, emphasizing the importance of statutory provisions governing appellate jurisdiction all references.
Search Results for "Appeal Cannot be Filed against Order Unless Appeal Allowed by Law"
2019 0 Supreme(Mad) 2148 • India - Madras
V.PARTHIBAN
filed by petitioner herein unless refund of amount by him - Petition allowed ... is bereft of any reasons except stating that the IA filed by management has been allowed and appeal will not be proceeded further ... has committed a grave error in law in entertaining the IA in first place and allowing the same and refusing to proceed with appeal ... On behalf of the management, it was contended that the petitioner cannot be #HL_START....
2012 0 Supreme(MP) 1272 • India - Madhya Pradesh
N.K.MODY
The court's decision is influenced by the interpretation of these provisions and the principle that the appeal cannot be decided ... It held that the appeal cannot be decided until the application for condonation of delay is decided in favor of the petitioner. ... Final Decision: Both the petitions were allowed, and the impugned order passed by the lower court was set aside with a direction ... It is submitted that since the appeal was not filed in ....
2020 2 Supreme 716 • India - Supreme Court
S.ABDUL NAZEER, HEMANT GUPTA
The findings of fact cannot be interfered with in a second appeal unless, the findings are perverse. ... – Findings of fact cannot be interfered with in a second appeal unless findings are perverse – High Court could not have interfered ... Result : Appeal allowed. ... Consequently, the appeal is allowed and the suit is dismissed with no order as to cost. ... The defendants are in ap....
• India - High Court of Karnataka
Final Decision: The court partly allowed the appeal filed by the claimants and dismissed the appeal filed by the Insurance ... be challenged in an appeal under Section 30 of the WC Act unless it involves a substantial question of law. ... was the employee of the first respondent was based on the admission made by respondents 1 and 3, which is a finding of fact and cannot ... is partly allowed. ... filed#....
1997 0 Supreme(Cal) 58 • India - Calcutta
BHAGABATI PROSAD BANERJEE, VIDYA NAND
Final Decision: The Court dismissed the appeal and allowed the cross-appeal filed by the respondent. ... The appellant/petitioner challenged this decision, arguing that the Recruitment Rules must be followed and that the Court cannot ... EDUCATION - RECRUITMENT OF TEACHERS - ADDITIONAL QUALIFICATIONS - CONSIDERATION - RULE OF LAW - PUBLIC INTEREST - SUPREME COURT'S ... ... In view of the dismissal of the appeal the cross appeal filed#HL_E....
2021 0 Supreme(UK) 96 • India - Uttarakhand
RAVINDRA MAITHANI
Workmen's Compensation Act - Appeal - Section 30 - Summary of Acts and Sections: Workmen's Compensation Act, 1923 (now Employees ... Final Decision: The court dismissed the appeal, affirming the award of compensation to the respondent. ... Appeal under the Act cannot be entertained in a routine manner, unless a substantial question of law is involved in it. This is what is provided in the first proviso to Section 30 sub-section (1) of the Act, which reads as hereunder:- "30. #HL_STA....
1952 0 Supreme(Kar) 49 • India - Karnataka
MALLAPPA
as barred by time Fact of the Case: The appellant filed an appeal one day late due to difficulties in reaching the court ... of the court, valuable right secured to successful litigant Final Decision: The appeal was dismissed, and no order as to costs ... to file the appeal on time. ... Under Section 5, Limitation Act, the delay can be condoned "when the appellant satisfies the Court that he had sufficient cause for not preferring the appeal within the period allowed....
2020 0 Supreme(All) 737 • India - Allahabad
VIVEK KUMAR BIRLA
is not sustainable in the eye of law – Result: Petition Allowed ... The defendant after receiving the notice filed misc. appeal prior to the date fixed by the trial court, which was decided by the ... rely on fresh evidence in appeal which was not before the trial court until it is admitted by the appellate court under Order 41 ... In other words, in such misc. appeal the appellant cannot rely on the evidence filed by him in the a....
1981 0 Supreme(Ori) 63 • India - Orissa
RANGANATH MISRA, J.K.MOHANTY
Opposite party No. 3 appealed the rejection of his nomination to the Registrar, who allowed the appeal and directed a fresh election ... Therefore, the appeal filed by opposite party No. 3 was maintainable. 2. ... Whether the appeal filed by opposite party No. 3 against the rejection of his nomination was maintainable? 2. ... The appellate order of the Registrar was allowed to become final. Petitioner's contention that the appeal wa....
![Shri Navin N. Patel vs Commissioner of Income-tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi](https://supremetoday-s3.b-cdn.net/Income_Tax_Appellate_Tribunal_small_1.png)
2025 Supreme(Online)(ITAT) 8134 • India - Income Tax Appellate Tribunal (Ahmedabad Bench)
Dr. B.R.R. Kumar, VP, Ms. Suchitra Kamble, J
(Paras 6-7) ... ... (D) Final Decision - The appeal of the assessee was allowed, quashing the reassessment ... order. ... In the result, the appeal of the assessee is allowed. The order is pronounced in the open Court on 30.04.2025 ... Aggrieved by the order of the Assessing Officer, the assessee filed appeal before the Ld. CIT(A) who dismissed the appeal of the assessee and confirmed all the additions made by ....
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