Topic

Pending Appeal

5 articlesLatest June 2026
CrPC 389 | Bail Granted on Suspension of Sentence After 3 Years Incarceration and Parity with Co-Accused in Dowry Death Case : MP HC Gwalior
Case Law Analysis
|Madhya Pradesh High Court

CrPC 389 | Bail Granted on Suspension of Sentence After 3 Years Incarceration and Parity with Co-Accused in Dowry Death Case : MP HC Gwalior

The Madhya Pradesh High Court suspended the jail sentence of a convict in a dowry death case after three years of pre- and post-trial incarceration, granting bail on personal bond due to prolonged custody, material contradictions in prosecution evidence, and the fact that co-accused had already been released. This reinforces that extended pre-appeal detention, combined with weak evidentiary support, can justify bail under CrPC 389 even in non-bailable offenses.

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.

Section 11 Arbitration | Fresh Application Permitted for Unadjudicated Damages After Award Set Aside: Bombay HC
Case Law Analysis
|Bombay High Court

Section 11 Arbitration | Fresh Application Permitted for Unadjudicated Damages After Award Set Aside: Bombay HC

The Bombay High Court has ruled that a party may file a fresh Section 11 application for arbitration of damages claims not previously decided, even if an appeal against the set-aside award is pending. This clarifies that setting aside an award nullifies its binding effect, allowing parties to pursue unaddressed heads of claim without being barred by pendency of appellate proceedings. Practitioners and developers must now treat set-aside awards as legally vacated for unadjudicated relief.

Writ Jurisdiction Barred During Pendency of Second Appeal | Madras HC Reaffirms Procedural Exclusivity in Possession Disputes
Case Law Analysis
|Madras High Court

Writ Jurisdiction Barred During Pendency of Second Appeal | Madras HC Reaffirms Procedural Exclusivity in Possession Disputes

Madras High Court holds that writ petitions seeking possession are not maintainable when a second appeal is pending between the same parties. The Court emphasized that parallel remedies under writ jurisdiction cannot override the exclusive procedural framework of civil appeals, ensuring disputes are resolved within the ongoing appellate process.