Review of the order - Order 47, Rule 1 r.w.s. 151 of CPC - ...

Appeal Restored After Review: Appellant Wins Under Order 47, Rule 1 & Section 151 CPC; Original Number Reinstated.

June 7, 2019

Case Laws Central Excise HC

Review of the order - Order 47, Rule 1 r.w.s. 151 of CPC - appeal was dismissed on the ground that the appellant could not show whether it had challenged the earlier order passed by the CESTAT - since said order of the Tribunal had been challenged by the department and is pending consideration - review application is allowed and appeal is restored to its original number.

View Source

← Previous Next →

Review of the order - Order 47, Rule 1 r.w.s. 151 of CPC - ...

Appeal Restored After Review: Appellant Wins Under Order 47, Rule 1 & Section 151 CPC; Original Number Reinstated.

June 7, 2019

Case Laws Central Excise HC

You may also like:

The High Court held that the appeals against orders in proceedings for execution or enforcement of arbitral awards are not maintainable. The doctrine of res judicata or...

The original authority had dispatched only one order in original and not the four orders in original to the appellants - one appeal filed by the appellant before...

Validity of assessment order - refund of BES - When the grounds for considering the appeal was the pendency of the appeal before the Tribunal, the Order of the...

Condonation of delay in filing appeal before the Appellate Authority - Petitioner filed the appeal within time along with a scanned copy of Order-in-Original as an...

Restoration of appeal - appeal dismissed for non-prosecution - The connected appeals are pending before this Tribunal and if the appeal is not restored to file than it...

Jurisdiction of civil court u/s 34 of SARFAESI Act was in question. Suit for declaration and permanent prohibitory injunction was rejected by lower courts under Order...

Non maintenance of appeal - Appeal not signed - it is an rectifiable error - appeal restored before commissioner (appeals) - AT

Condonation of delay in filing of the appeal by the appellants before the Commissioner (Appeal) - The appellants argued that there were genuine and reasonable causes for...

Maintainability of Revision Petition before the High Court when the petitioner has alternate remedies as per the - an ex-parte decree was passed against the respondent -...

Condonation of delay in filing appeal - The consultant of the appellant has obtained a copy of the Order in Original on 16.12.2019. The appeal then has to be filed...

Number of appeals - Four Show Cause Notices - One order in original - there was no need for the appellant to file four separate appeals against one order in original. - AT

Recovery of demand when appeal has been restored and pending - Since the Appeal of petitioner has been restored to the CESTAT, no recovery in excess of 7.5% of the duty...

The appeal challenged the legality of remanding the matter to the original authority and the legal authority of the Commissioner (Appeals) to do so during the relevant...

Condonation of delay in filing appeal before the Commissioner (Appeals) - Dismissal of appeal on the ground that the appeal was delayed by thirty three days - exclusion...

Seeks to refund the GST - deposited against the non-migrated GST - The petitioner argued that they had only been using the migrated GST number and were surprised to...

Quick Updates: