Supreme Court Explains the Effect of Appeal on Merits
It is held that when a higher forum entertains an appeal on merits, the doctrine of merger would apply. The doctrine of merger means that at one point in time, only one decree can subsist. If the order dismissing the objections has been set aside and the execution petition dismissed, there is no decree that could be executed, and as such, the question of extension of time would not arise.
Dr. Amit Arya v. Kamlesh Kumari [2025] GCtR 1897 (SC)
Cheque Dishonour and S.138 of Negotiable Instruments Act, 1881 : Who has the Right to File Appeal ?
It was held in Celestium Financial v. A. Gnanasekaran [2025] GCtR 1578 (SC) that "a person who is a complainant under Section 200 of the Code of Criminal Procedure, 1973 who complains about the offence committed by a person who is charged as an accused under Section 138 of the Negotiable Instruments Act, 1881 thus has the right to prefer an appeal as a victim under the proviso to Section 372 of the Code."
Scope of Section 9 of Arbitration and Conciliation Act, 1996 Answered in a recent Judgment passed in July 2026 S.9 of Arbitration and Concil...