such right and imposition of such
conditions is reasonable so that frivolous appeals are not filed.
Reliance is placed on the judgment of the Supreme ... filing appeal under Section 30 and does not take away the right of
appeal. It merely imposes a condition for filing appeal so that
genuine
appeal. Legislature while granting right of
appeal can impose conditions which it thinks
reasonable. Such conditions merely regulate the
exercise of right of appeal ... order appealed
against in case the appeal is ultimately dismissed.
Imposition of such a condition is essential, so that
frivolous appeals would not be filed
aforesaid quantum of deposit as security against the filing of frivolous appeals and in most cases the retention of the land during the pendency thereof ... reduce the period of appeal and revision, to discourage the institution of appeals on frivolous ground by prescribing payment of deposit money, to bar appearance
filing appeals frivolously. It is noted that the administrative checks and
balances put in place by the Department for ensuring that frivolous appeals ... appeals are adhered to and the officers are advised, instructed and
warned to exercise their discretion fairly, judiciously and not file appeals
frivolously
cost is as under:
“This is yet another instance of a frivolous appeal filed at the
hands of a statutory body. There was absolutely ... absolutely no merit
therein. Commenting on such a tendency to file frivolous appeals, this
Court in a recent judgment in a case of Gurgaon Gramin
noting for the last several months that the Revenue mechanically files frivolous appeals and despite our imposing costs on the Revenue from time to time ... Income Tax Department with regard to the filing of frivolous appeals. We have noted on several occasions that a large number of persons
securing there covery of taxes and preventing the assesses from filing frivolous appeals.As already discussed, under Sections ... that the assessed should be prevented from filing frivolous appeal against the rate able value and levy of the properly taxes against the corporation
prevent frivolous and needless. appeals. If, from an order refusing leave to appeal, there may be an appeal, (he result will be that, in attempting ... needless and frivolous appeals, the legislature will have introduced a new series of appeals with regard to the leave to appeal.... It appears
seeking
leave to appeal is in order to ensure that no frivolous appeals are filed against
orders of acquittal, as a matter of course ... leave to appeal is in order to ensure that no
frivolous appeals are filed against orders of acquittal as a matter of course.
However, order
that where not enough, the matter is carried in a
wholly frivolous appeal wasting public money and the time of the
Court with no important ... questions involved. Disapproving of such
frivolous appeals filed by State authorities it was observed in (1976)
3 SCC 404 ( State of Maharashtra v. Narayan Vyankatesh
