#right to appeal

Madhya Pradesh High Court sets aside dismissal of a criminal appeal under Section 138 NI Act solely on a 12-day delay, emphasizing that quasi-criminal matters demand a liberal approach to condonation. The ruling mandates merits hearing where delay is minimal and attributable to rural ignorance or procedural lapses, reinforcing access to justice in statutory appeals.

Kerala High Court holds that a 2020 Government Order mandating a 25% stamp duty deposit for appeals cannot be applied retrospectively to orders passed in 2018. The ruling reinforces the principle that procedural conditions affecting the right to appeal cannot be imposed retroactively, impacting litigants challenging pre-2020 stamp duty demands.

Punjab & Haryana High Court holds that victims may appeal acquittals under Section 372 CrPC without seeking special leave, aligning their rights with those of the accused. The ruling eliminates procedural barriers, empowering victims to challenge acquittals directly before the Sessions Court, marking a significant shift in criminal procedure.

The Bombay High Court has ruled that children and relatives can file appeals against maintenance orders under the 2007 Act, and appellate tribunals are obligated to register such appeals if filed within two weeks. This clarifies a critical procedural safeguard for dependents facing financial liability, reinforcing natural justice in senior citizen maintenance proceedings.

Madhya Pradesh High Court extends the Supreme Court's Celestium Financial ruling to food adulteration cases, holding that victims filing private complaints under the Prevention of Food Adulteration Act can appeal acquittals under BNSS Section 413 proviso without seeking special leave. The decision reinforces victim rights in quasi-criminal prosecutions beyond NI Act offences.

Telangana High Court suspends a resumption order under the Telangana Assigned Lands Act, 1977, ruling that eviction cannot proceed without allowing a 45-day appeal period under Section 4-A. The judgment reinforces that administrative actions affecting land rights must comply with natural justice principles, ensuring affected parties have an opportunity to challenge orders before dispossession.

Telangana High Court condoned a 180-day delay in filing a criminal appeal, holding that systemic deprivation of legal aid for an incarcerated accused constitutes sufficient cause under BNSS. The ruling reinforces the right to appeal as a fundamental liberty under Article 21, mandating liberal condonation where access to justice is structurally denied.

Punjab and Haryana High Court holds that victims may appeal acquittals directly under Section 372 CrPC without seeking special leave under Section 378(4), affirming Supreme Court's interpretation.

Rajasthan High Court holds that imposing an unaffordable fine deposit as a condition for suspension of sentence violates Article 21, reinforcing access to justice for indigent accused.