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Customs - Highlights / Catch Notes

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In the event of non-filing of an appeal, the litigants are not ...


High Court Emphasizes Importance of Statutory Appeal Process; Avoids Bypassing Appellate Remedy for Justice and Clarity.

June 14, 2021

Case Laws     Customs     HC

In the event of non-filing of an appeal, the litigants are not only deprived of an opportunity, but the High Court cannot appreciate those facts culled out with reference to the documents and evidences. The appellate authority in the event of passing an order, with reference to the facts and the grounds raised, it would be convenient for the High Court to consider the further proceedings, if any in the light of the findings by the original authority as well as by the appellate authority. These aspects are vital in order to form a clear opinion, which would be of paramount importance to render justice - Thus, the importance of an appeal under a statute cannot be undermined by the High Court by dispensing with the appellate remedy. - HC

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