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- depositing amount in 138 appeal is not mandatory
The deposit of 20% in appeals under Section 138 is not mandatory in every case The appellate court has discretion to waive this requirement in exceptional circumstances, provided it records its reasons for doing so
- Supreme Court Clarifies Appeal Deposit Rules Under Consumer Protection . . .
The Supreme Court’s decision in ECGC Limited vs Mokul Shriram EPC JV (2022) is significant for clarifying the applicability of deposit rules for appeals under the Consumer Protection Act when a new law replaces an old one
- REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION . . .
But the National Commission has stayed the order passed by the State Commission on condition that the appellant(s) shall deposit the entire decretal amount with interest, if any, with the State Commission
- Supreme Court: What conditions the Appellate court should . . . - Law Web
Order XLI Rule 1 (3) of the CPC provides that in an appeal against a decree for payment of amount the appellant shall, within the time permitted by the Appellate Court, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit
- SC Classical Interpretation on Pre-Deposit Criteria Before Appeals
Consequently, the appellant was liable to pay, in terms of Section 26 (6A), 10 per cent of the tax disputed together with the filing of the appeal There is no reason why the amount which was paid under protest, should not be taken into consideration
- Conditional pre-deposit of 50% of amount before entertainment of appeal . . .
After considering the arguments and the provisions, the Top Court observed from a fair reading of Section 51 of the Act, 2019, that an appeal against the order passed by the State Commission can be entertained by the National Commission, requires the appellant to deposit 50 per cent of the disputed amount as pre-deposit
- Lawyer E News
The Supreme Court heard an appeal against the High Court’s ruling, which mandated that appellants must deposit at least 20% of the compensation fine amount as per Section 148 of the N I Act The Court observed that the term “may” in Section 148 should not be read as “shall,” indicating that there’s room for judicial discretion
- Borrower Has To Pre-Deposit 50% Of Amount As Debt Due In Appeal Before . . .
The Supreme Court recently explained 50% of which amount the borrower was required to deposit as pre-deposit under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act')
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