Appeal no 316 of 2011 - Appellate court allowed the appeal and dismissed the plaintiff's suit, setting aside the trial court's judgment; the defendants' appeal was successful. No costs were awarded. KORES (INDIA) LTD AND ANOTHER vs M/S KEMS AGENCIES - Kerala
Kerala State Consumer Disputes Redressal Commission - Dismissed the appeal filed by the insurance company against an order directing them to pay Rs.1,88,000 for damage to clothes due to rain; the district forum's decision was upheld. Rajesh Textiles, Proprietor, Tara Chand Jain VS National Insurance Co. Ltd. - Consumer
Legal remedies and appellate rights - Courts emphasize that if a claimant believes their evidence has been improperly evaluated, they can exercise their right to appeal under relevant statutes. Appeals are maintainable even if the tribunal has adjudicated on the case, ensuring procedural fairness. B. Srinivasa Rao VS APSRTC, rep. by its Managing Director - Telangana
Criminal appeals and convictions - Several cases involved appeals against criminal convictions, with courts generally dismissing these appeals, confirming the correctness of the original judgments. For instance, appeals by accused in criminal cases (e.g., case involving accused Karulal and others) were dismissed, affirming their convictions. Karulal VS State of Madhya Pradesh - Supreme Court, Dnyaneshwar Ramchandra Suryawanshi VS State of Maharashtra - Crimes, Baby Kurian, S/o.Kurian vs State Of Kerala - Kerala, Sunil Chaudhary VS State of Bihar - Patna, Rajeshbhai Chhaganbhai Machhi Patel VS State of Gujarat - Gujarat
Criminal revision petitions - Revisions against appellate court judgments in criminal cases were also dismissed, maintaining the original verdicts and confirming that evidence and procedural aspects supported the convictions. Baby Kurian, S/o.Kurian vs State Of Kerala - Kerala, Sunil Chaudhary VS State of Bihar - Patna, Rajeshbhai Chhaganbhai Machhi Patel VS State of Gujarat - Gujarat
General trend - The sources reflect a consistent judicial pattern of upholding appellate decisions, whether in civil, criminal, or consumer cases, emphasizing the importance of proper evidence evaluation and procedural adherence.
Analysis and Conclusion:
The summarized sources demonstrate that appellate courts frequently uphold lower court or tribunal decisions, dismissing appeals when evidence and legal standards support the original judgments. In civil and consumer disputes, appeals are often dismissed if the appellate court finds no merit in challenging the initial verdict. Similarly, in criminal cases, convictions are maintained unless procedural errors or significant evidentiary issues are identified. The overarching insight is the judiciary's emphasis on the integrity of the appellate process and the importance of proper evidence evaluation.
Final Decision: The appellate court allowed the appeal and dismissed the plaintiff's suit. ... Aggrieved, the defendants are in appeal. 5. Heard Sri.S.Sreekumar, learned Senior Counsel for the appellants-defendants and Sri.M.Narendra Kumar, learned counsel for the respondent-plaintiff. ... In the result, this appeal is allowed. The decree and judgment of the trial court are set aside and the suit will stand dismissed. No costs. J U D G M E N T This appeal
This revision petition is directed against order dated 28.11.2011 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram in Appeal No. 316/2011 whereby the State Commission dismissed the appeal filed by the petitioner/OP Insurance Co. against the order dated 26.10.2010 ... Based on the evidence adduced before it, the District Forum accepted the complaint vide its order mentioned above which came to be challenged before the State Commission which also upheld the order with ....
this Court, and if claimant is aggrieved or of opinion that his evidence not properly adjudicated, he can necessarily exercise appeal ... this Court, and if claimant is aggrieved or of opinion that his evidence not properly adjudicated, he can necessarily exercise appeal ... remedy under Section 173 of Act – Appeals are maintainable for mere reason that though Tribunal adjudicated with respect to entitled ... Smt.B.Roja Ramani, learned counsel for the appellants in MACMA.No.316 of 2011 and 4099 of 2012,....
Result : Appeal dismissed. ... Facts of the case: Appellants challenge judgment and order dated 23.6.2009 in Criminal Appeal ... witnesses will not affect conviction of appellants – Conviction of appellants was rightly ordered and correctly upheld by High Court – Appeal ... In the result, the appeal stands dismissed. ... This Appeal has been preferred by 5 accused, namely, Karulal(A-5), Amra(A-6), Kachru(A-7), Suratram(A-8) and Bhagirath(A-9). ... They challenge the judgment and order dated 23.6.2009....
The learned Additional Sessions Judge-III, Thodupuzha dismissed Crl.Appeal No.316/2011. Impugning the judgment of the appellate court, the accused preferred this revision. 6. ... This criminal revision petition is preferred impugning the judgment of the learned Additional Sessions Court, Thodupuzha in Crl.A.No.316/2011 dated 30.09.2013. 2.
Appeal allowed. ... Resultantly, we are inclined to allow the appeal. 21. In the result, Criminal Appeal is allowed. ... to pay fine of Rs.3,000/-, in default, to suffer simple imprisonment for three months is questioned in this appeal. ... Aggrieved thereby, present appeal has been filed by the appellant. 7. The learned trial Judge has considered the evidence brought on record on behalf of the prosecution. ... However, we are not recording those omissions since they are on the point of alleged offen....
of police station – Sample was sent for its examination after near about a year of seizure – Conviction and sentence set aside – Appeal ... Appeal allowed. ... On the observation made above, evidence and circumstance of the case, the appeal is allowed. The judgment of conviction dated 13.01.2011 and Order of sentence dated 18.01.2011 passed in S.T. No.15 of 2010 by the Sessions Judge-cum-Special Judge. ... One of the accused namely Anil Chaudhary did not appear nor could be apprehende....
The present Appeal deserves to be dismissed and is hereby dismissed. ... Criminal Procedure Code -Section 374 -Indian Penal Code -Section 304 - Appeal has been filed by the appellant-original ... appellant-accused shall stand cancelled and he is directed to surrender before the jail authority within a period of four weeks from today -Appeal ... ... Appeal Dismissed. ... The present conviction Appeal has been filed by the appellant-original accused, under Section 374(2) of the Cr. ... The present #HL_S....
Consumer Protection Act, 1986—Sections 15, 17, 19 and 21—Insurance—Damage to clothes due to rain—State Commission partly allowed appeal ... The State Commission partly allowed the appeal and directed the insurance company to pay a sum of Rs.1,88,000/- to the complainant, along with interest @ 6% p.a. from the date of filing of the complaint till the date of payment.
... Appeal allowed. ... Resultantly, we are inclined to allow the appeal. ... 21. In the result, Criminal Appeal is allowed. ... and to pay fine of Rs.3,000/-, in default, to suffer simple imprisonment for three months is questioned in this appeal. ... Aggrieved thereby, present appeal has been filed by the appellant. ... 7. The learned trial Judge has considered the evidence brought on record on behalf of the prosecution. ... However, we are not recording those omissions since they are on the point of....
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