disposed as dismissed in liminie
mahendrakumar
(Querist) 19 June 2011
This query is : Resolved
a case at the appeal stage was shown as "disposed as dismissed in liminie" in the judgement by the state forum.
what is the significance of this term "dismissed in liminie"?
can the appellant eligible for an appeal or debarred from making an appeal in view of the above?
R.Ramachandran
(Expert) 19 June 2011
It is a latin word. At limine literally means "at the outset" or at the threshold.
Preliminary, in law referring to a motion that is made to the judge before or during trial, often about the admissibility of the appeal / evidence etc.
If an appeal is dismissed in limine, it means that even prima facie, the appeal is devoid of any merit to warrant its admission.
PALNITKAR V.V.
(Expert) 19 June 2011
Shri. Ramachandran is absolutely right. I just want to add that if the appeal is dismissed in limine, you will not be able to file fresh appeal on the same cause of action
prabhakar singh
(Expert) 19 June 2011
TRUE IT IS THAT Mr.R.Ramachandran ,HAS VERY APTLY AND RIGHTLY DEFINED THE TERM"disposed as dismissed in liminie"
BUT AS YOU SAY IT WAS AN APPEAL BEFORE STATE FORUM,THEN MY MIND WANDERS,IT MUST HAVE BEEN APPEAL AGAINST AN ORDER made by the District Forum.SUCH AN APPEAL LIES UNDER SECTION 15 OF
THE CONSUMER PROTECTION ACT, 1986. I GUESS ITS 2ND PROVISO A REASON OF SUCH A DISMISSAL,WHICH READS:
"Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Forum, shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty per cent. of that amount or twenty-five thousand rupees, whichever is less:"
R.Ramachandran
(Expert) 19 June 2011
Agreed Mr. Prabhakar. But I confined myself to the limited extent of the query posed.
mahendrakumar
(Querist) 20 June 2011
yes,the appeal was against the order of the cdrf.
In view of the dismissal in liminie, do you mean to say that the effected party appellant cannot make an appeal to the National commission?
Does it mean that the concerned parties has left with no other legal remedies?
