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: 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')
Appeals to Supreme Court under Civil Procedural Code, 1908 Appeals from every court present in the country ultimately go to the Supreme Court, if not settled at the lower courts The appellate jurisdiction of the Supreme Court is enshrined in Article 132 and 133 of the Indian Constitution,1950 and Section 109 and 112 of the Civil Procedural Code, 1908