Topic

Appellate Rights

4 articlesLatest June 2026
Section 22 UP Act 13 of 1972 | Mandatory Stay of Dispossession Pending Appeal Admission : Allahabad HC Reinforces Mool Chand Yadav Precedent
|Allahabad High Court

Section 22 UP Act 13 of 1972 | Mandatory Stay of Dispossession Pending Appeal Admission : Allahabad HC Reinforces Mool Chand Yadav Precedent

Allahabad High Court holds that once an appeal under Section 22 of UP Act 13 of 1972 is admitted, dispossession cannot proceed until the appeal is decided. The ruling protects appellants from irreversible civil consequences, aligning with the Supreme Court's Mool Chand Yadav precedent, ensuring possession remains intact during appellate proceedings.

Customs Act 1962, Section 129A | Appeal Registration Mandatory Without 7.5% Pre-Deposit; Defective Filing Does Not Bar Merits Hearing : Allahabad HC
Case Law Analysis
|Allahabad High Court

Customs Act 1962, Section 129A | Appeal Registration Mandatory Without 7.5% Pre-Deposit; Defective Filing Does Not Bar Merits Hearing : Allahabad HC

The Allahabad High Court has ruled that customs appellants cannot be denied filing an appeal solely for failing to pay the 7.5% pre-deposit. Appeals must be registered as defective proceedings and decided on their merits, ensuring procedural fairness and protecting the right to appeal under the Customs Act 1962. This shields traders and importers from arbitrary denial of appellate remedies due to financial constraints.

No Automatic Execution of Possession Warrants During Pendency of First Appeal | CPC Section 151 Invoked : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

No Automatic Execution of Possession Warrants During Pendency of First Appeal | CPC Section 151 Invoked : Punjab & Haryana HC

Punjab & Haryana HC rules that execution of possession warrants cannot proceed while a first appeal is pending, even if the stay application is dismissed, provided the appeal was filed timely and the petitioner complies with interim orders. The court invoked its inherent powers under Section 151 CPC to prevent irreparable loss to the appellant, reinforcing appellate rights in execution proceedings.