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Appeal Decided in 2023 Dyin - Main Points and Insights
Settlement of Dispute via Mediation
The appeal in ["2025 Supreme(Online)(Ker) 68866"] was resolved through mediation, with parties settling their dispute under the auspices of the Mediation Centre, Ernakulam. The court noted that the entire dispute between the parties have been settled in the mediation held ["2025 Supreme(Online)(Ker) 68866"].
Judicial Decisions and Procedural Aspects
VOLTAN INSTALLATION & SERVICES AND ORS vs MOHD KAMARUZZAMAN GHANI - High Court Malaya Malacca
"], the court highlighted that the plaintiff's claim was struck out, and options for appeal were discussed, including the importance of proper procedural steps.DINGIRI MENIKA v. PUNCHI MAHATMAYA et al.
"], the court emphasized that appeals should not be heard until the case is finally disposed of in the lower court, asserting that an appeal process... ought not to have been heard until the case had been finally disposed ["DINGIRI MENIKA v. PUNCHI MAHATMAYA et al.
"].The courts reiterated that appeals must follow statutory channels, and decisions on preliminary objections or jurisdiction are crucial before proceeding with substantive appeals ["
SIVAYANAMA AND ANOTHER vs PEOPLE'S BANK AND 7 OTHERS
"].Pending and Unresolved Appeals
Some appeals were disposed of or remanded:
Court Observations and Principles
SCHNEIDER J. in [DINGIRI MAHATMAYA v. APPUHAMY et al.
"]], and appeal objections related to jurisdiction were rejected.N VASANTHA RAJAN NAGARAJAN vs YEOH SOON PENG & ANOR - High Court Malaya Pulau Pinang
"].Analysis and Conclusion
In 2023, many appeals were either settled through mediation, pending decisions, or disposed of in accordance with judicial principles. Courts emphasized the importance of following proper procedural channels, timely disposal, and adherence to jurisdictional limits. Delays in decision-making remain a concern, with directions issued to ensure appeals are decided within stipulated timeframes, reflecting a focus on justice efficiency and procedural integrity ["2025 Supreme(Online)(Ker) 68866"], ["2024 Supreme(Online)(CAT) 2305"], ["2023 Supreme(Online)(CAT) 5156"].
References:
VOLTAN INSTALLATION & SERVICES AND ORS vs MOHD KAMARUZZAMAN GHANI - High Court Malaya Malacca
"]DINGIRI MENIKA v. PUNCHI MAHATMAYA et al.
"]SIVAYANAMA AND ANOTHER vs PEOPLE'S BANK AND 7 OTHERS
"]EDISIJUTA PARKING SDN BHD vs TH UNIVERSAL BUILDERS SDN BHD & ANOR - Court of Appeal Putrajaya
"]MOHAMED BHAI v. DIYAIVA et al.
"]TAN SOO YONG & ORS vs ONE REALTY MARKETING SDN BHD - High Court Malaya Kuala Lumpur
"]DARYANANI v. EASTERN SILK EMPORIUM LTD.
"]N VASANTHA RAJAN NAGARAJAN vs YEOH SOON PENG & ANOR - High Court Malaya Pulau Pinang
"]SCHNEIDER J. in [DINGIRI MAHATMAYA v. APPUHAMY et al.
"]
In the dynamic landscape of Indian jurisprudence, marked a pivotal year for numerous appeals across various courts, shaping legal precedents in civil, criminal, and constitutional matters. If you've ever wondered about appeals decided in —from Supreme Court civil appeals to proceedings and criminal interpretations—this post provides a comprehensive overview. These decisions underscore critical principles like procedural adherence, , and fundamental rights, offering valuable insights for practitioners, litigants, and legal enthusiasts.
Note: This article summarizes publicly available legal information for educational purposes and is not a substitute for professional legal advice. Consult a qualified lawyer for case-specific guidance.
The year saw a flurry of appeals, particularly before the and tribunals like . These cases often revolved around procedural lapses, evidentiary requirements, and substantive legal questions. Here's a breakdown of some key appeals:
These civil matters emphasize the judiciary's focus on timely disposal and procedural extensions in insolvency and appellate proceedings.
In a related NDPS context, Criminal Appeal No. 3191/ (), decided on , acquitted the appellant due to non-compliance with . The Supreme Court held: In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, it is apparent that the said seized contraband and the samples drawn therefrom would not be a valid piece of in the trial 2025 0 Supreme(Chh) 71. This ruling highlights mandatory .
appeals reinforced foundational doctrines, providing clarity on appellate practices:
bars re-litigation of settled matters, applicable strictly in appeals. Documents note that the conditions for must be strictly fulfilled 1966 0 Supreme(SC) 14 2008 1 Supreme 690. This principle ensures finality, preventing endless appeals.
lie only on . The must frame such questions explicitly: a second appeal can only be maintained if a substantial question of law is involved 1999 4 Supreme 108. Appellate courts also handle concurrently 2008 0 Supreme(SC) 737.
In , decided , the Supreme Court limited judicial interference: Courts should not re-appraise expert committee decisions in recruitment unless clear errors exist 2025 0 Supreme(Raj) 1362. This upholds the presumption of correctness in exam processes.
Similarly, in a appeal
, the court invalidated proceedings beyond statutory timelines under the , affirming despite alternative remedies.
Expanding beyond the primary appeals, other decisions enriched the jurisprudence:
and under NDPS: In a petition 2025 0 Supreme(HP) 257, the court denied relief, noting the accused's adjournments contributed to delays: The right to a is not absolute and can be affected by the actions of the accused, including seeking adjournments 2025 0 Supreme(HP) 257. Charges remained unframed since August , but petitioner actions negated claims.
and Fundamental Rights: A writ petition succeeded against arbitrary withdrawal of regularization 2025 0 Supreme(Raj) 1596. The court quashed the order, invoking : Directions for regularization of long-serving employees must be followed consistently, rejecting post-hoc qualification disqualifications.
Family and Civil Revisions: In CIVIL REVISION NO. 5249 of
, the stayed a family court decree pending appeal disposal within three months, balancing interim relief with expeditious hearings.
These cases illustrate how judgments balanced procedural rigor with substantive justice across domains.
Special Leave to Appeal (Civil) No. 17508/ saw review on , reflecting active scrutiny . Such SLPs allow the Supreme Court to intervene in exceptional cases, maintaining uniformity.
Practitioners should review full judgments via official portals for nuanced strategies.
The appeals decided in —from Civil Appeal Nos. 2950-2952 2023 0 Supreme(SC) 445 to NDPS acquittals 2025 0 Supreme(Chh) 71—highlight the Indian judiciary's commitment to procedural integrity and rights protection. Key takeaways include the limited scope of in recruitment 2025 0 Supreme(Raj) 1362, mandatory NDPS compliances, and the sanctity of judicial directions in regularization 2025 0 Supreme(Raj) 1596.
Staying updated on these developments aids in navigating complex litigation. For tailored advice, engage legal experts. Monitor evolving precedents to anticipate judicial trends in 2024 and beyond.
Word count: Approximately 1050. Sources cited are for reference; verify originals.
#2023CourtAppeals #IndianJudiciary #LegalUpdates
HgbRffiisREitin: . , 'o ,, sub:.q•q,ui.ftydrcin'rin dyin.Hch:b!6.H!ghqoLirt.ofKpela- :-. a ro,'.-. I.-.,,: •,.,. Rot ;.J RGfomal. ... 11-1,,11-I---------I--11-I-,11-Ill--11-I-I, Mat.Appeal No.604 of 2024 --11--111---------I---I--,,I--I-----I-11--I Dated, this the 15th September, 2025 JUDGMENT M.B.Snehalatha, J ... Today, when this appeal came up for hearing before us, the learned counsel appearing for both sides submitted that the entire dispute between the parties have been settled in the mediation held under the aegis of Mediation Cen....
Low Thiam Hoe & Another Appeal [2016] 3 MLRA 81 ; [2016] 1 MLJ 301; [2015] 8 CLJ 1: [18] It is pertinent to note that Yamaha Motor was decided under the old RHC 1980. ... Judge (SCJ) made on 9 October 2023 in striking out the Plaintiffs' claim with cost. ... These were the very 2 options mentioned by the SCJ in his unless order of 4 April 2023.
No.02 of 2023 to the District Judge, Barguna who admitted above appeal but did not stay the operation of impugned judgment and decree. ... passed by the learned District Judge, Barguna in Family Appeal No.02 of 2023 disallowing the application CIVIL REVISION NO.5249 of 2023. ... No.02 of 2023 within 03 (three) months from the date of receipt of this order and during above period the operation of the impugned judgment and decree of the Family Court shall remain stayed.
[3] Nonetheless, during the Appeal Hearing before us on 29 March 2023, the Appellant-Plaintiff only proceeded to seek the Declaratory Reliefs sought vide the Originating Summons. ... Court of Appeal. ... There is an appeal process. The Plaintiffs have the right to appeal to the High Court and have a further right to appeal to the Federal Court." [Emphasis Added] ... [63] In Manggai v. Government of Sarawak & Anor, a href="./.. ... The Appellant's Appeal was primarily....
- This was an appeal taken in interlocutory form before all the questions in the action had been decided by the District Court, which, in my opinion, ought not to have been heard until the case had been finally disposed by the District Court. ... The weight of English authority supports the view that, when a question of title has to be, and is, decided by a Court of competent jurisdiction with reference to the subject-matter in dispute, such decision or the ultimate decision on appeal from it is final, and the qu....
decided the matter not on the basis of the preliminary objection so raised, but on the merits of the appeal. ... Therefore the decision of the Court of Appeal, which had decided on the merits of the appeal cannot be accepted, as it had not observed the rudimentary norms, which are applicable in hearing an appeal. ... "The decision of the Court of Appeal, which had decided on the merits of the appeal cannot be accepted, as it....
DCCJ 4215/2023 [2024] HKDC 1282 IN THE DISTRICT COURT OF THE ... The party that seeks to appeal bears the burden of satisfying the Court that his or her appeal has a reasonable prospect of success. ... HONG KONG SPECIAL ADMINISTRATIVE REGION CIVIL ACTION NO 4215 OF 2023 ------------------------------ ... In any event, the proposed appeal is academic now. ... there is some other reason....
Once again, in such case, the Court of Appeal has 3 Options; (2) the following cases have decided that the 3rd Option should be the rule and not the exception- (a) in Permodalan MBF Sdn Bhd v. ... 2nd Ex Parte Erinford Injunction Application ( Court of Appeal), I informed the Appellant's learned counsel that I had decided to exercise the 3rd Option pursuant to r 50 RCA, namely, to hear the Appellant's 2nd Ex Parte Erinford Injunction Application ( Court Court of Appeal are decided....
This point was decided in Arnolis v. Lewishamy [1 2N.L.R.222.] and Goonewardene v. Orr [ 2 2A.C.R.35.] By implication therefore an application to the Commissioner would have to be made within the appealable period. ... An application for leave to appeal was refused on the same day. On July 8 an application to this Court for leave to appeal was filed .The journal entry describes it as a petition of appeal against the Commissioner's refusal of leave to appeal. ... Courts of Requests-Leave to #HL_S....
Dr S Underwood [1983] 1 MLRA 154; [1983] 2 MLJ 324; [1983] CLJ (Rep) 300 FC, which was decided before the 1998 amendment to s 3. It also distinguished Hong Leong Finance Bhd v. ... [18] During the cross-examination of the third appellant on 18 July 2023, the respondent's counsel objected to a Person-In-Charge Commission (PIC Commission), claiming it was not pleaded in the appellants' SOC. ... Regardless, I still put out my reasons for dismissing the appeal as follows. ... As a creature of statute, the Court of Appeal ha....
6. In support of the contention counsels for the appellants relied upon the various judgments passed by the Hon’ble Supreme Court as well as High Court which are as under:- (ii) Richal & Ors. Vs. Rajasthan Public Service Commission & Ors. reported in 2018 (8) SCC 81. (ii) Manish Ujwal & Ors. Vs. Maharishi Dayanand Saraswati University & Ors. reported in 2005 (13) SCC 744. Supreme Court Judgments :- (i) The State of Rajasthan & Ors. Vs. Suman & Ors. passed in Special Leave to Appeal (c) No(s).10016/2023 decided on 06.10.2023.
4. Mr George, learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated. The police violated the mandatory provisions of the NDPS Act. The charge sheet was filed in the last week of September 2023, but the Court has not framed the charges. The right to speedy trial of the petitioner is being violated and the petitioner is entitled to bail on this ground. Hence, he prayed that the present petition be allowed and the petitioner be released on bail he relied upon the following Judgements in support of his submission:- - Mohd Muslim @ Hussain Vs. ....
9. In summation of the aforementioned learned counsel had averred that the respondent’s actions, including the withdrawal of the regularization order and the arbitrary rejection of the petitioner’s claim for regularization, are in violation of the directions issued by this Court and the Tribunal, and constitute a violation of his constitutional rights. 2024 SC (OnLine) (SC) 12494 , whereby the Hon’ble Court had reiterated the importance of regularization and its applicability to individuals who are working in similar positions for extended periods, thereby affirming the principles of equalit....
13. Recently, the Supreme Court in the matter of Yusuf @ Asif versus State (Criminal Appeal No.3191/2023), decided on 13.10.2023, has held as under:- “16. In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, it is apparent that the said seized contraband and the samples drawn therefrom would not be a valid piece of primary evidence in the trial. Once there is no primary evidence available, the trial as ....
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