Appeal Before Highcourt
Before goes into deep, let’s understand about appeal. Appeal is a procedure through which we can challenge the decision of lowers courts for reversal. As per the hierarchy system of courts, appeals can be filed to the high court in both civil and criminal matters against the decision given by trial courts, if somebody is aggrieved by the decision. Appeals can be filed only after fulfilling the criteria’s prescribed by law in specific way in specific courts.
Appeals which are filed against the decision or order of civil cases are known as civil appeals which are governed by The Code of Civil Procedure, 1908. Any order /decree passed by the district judge can be challenged in the High Court. Anyone can file Appeal if decision has been given EX-PARTE (which means, order passed just by hearing one party).
The person who files Appeal is known as appellant and the court which entertain such matters known as Appellate court.
Before proceeding further let me explain something about the concept of first Appeal and Second Appeal.
Decree passed by Appellate civil court is considered to be First Appeal and if such decree is challenged before the High Court is considered as matter of Second Appeal. Second Appeal can only be filed in the matter of Ex-Parte decree passed by court and where the court is satisfied that matter of substantial question of law is involved.
For every appeal, there is some time limit, within which appeal should be filed according to Limitation Act.
The limitation period for the appeal varies like:
Appellant is required to give Court fee, which is not very high, and once it filed, the notice shall serve to the opposite party also.
Filing of an appeal does not mean that the decree or order passed by lower court is stayed. For that one need to take specific permission for stay on the decree or order passed by the lower court and stay will only operate if court grants permission.
We can file appeal in High court in criminal matters also subjected to the legal criteria fulfillment under the statutory provisions laid down by The Criminal Procedure Code, 1973. Though, the word “Appeal” has not been defined in Crpc.
A right of appeal is not an inherent or natural right. It’s a statutory rights given by our law. An appeal can be filed by convict from jail also to challenge his own conviction.
Any person convicted on trial held by a session judge or an additional session judge or in any other trial court, where the sentence of imprisonment has been passed, more than seven years, can appeal in the High court.
If more than one persons are convicted in one trial, and if it is Appealable matter, even if the order in trial passed against one person, that convicted person and others also has right to appeal in the matter.
A person can appeal from jail also according to the right provided by our law. If convict is in jail and wants challenge his conviction, he can file an appeal from jail by presenting it to the officer in charge of the jail. It is the duty of the jail officer to forward such appeal to an appropriate court. No Jail Appeal can be dismissed without being heard in an appellate Court.
Appeal can be filed by state government in case, if government thinks punishment is inadequate. Opportunities will be given to accused also to defend him. The accused person can file an Appeal for the acquittal or for some punishment leniency. And the appeal can also be filed in the matter by the state where acquittal order has been passed by the High court. The high court has the authority to hear such appeal.
If the person is convicted by the high court then the high court has power to grant bail if the offence is bailable.
Same like civil appeals, there is time limit also applicable in the matter related to criminal Appeals.
The limitation period for filing an appeal is 30 days against the death sentence passed by the session court or the high court having its original jurisdiction. The limitation period is 60 days for the high court in the matter of sentence or any order not being an order of acquittal, and 30 days for the other courts. The limitation period is 90 days against the order of acquittal and the limitation period is 30 days in the cases where the order has to be made after seeking the special leave of the court.
There is no court fee applicable for the convicted person who are filing the appeals through the jail authorities , rest everyone have to follow court fee schedule.
Yes, you can if you are legal heirs or representative of the aggrieved person but only if he is no more.
You just need to get order of the court against which you want to file an appeal.
Yes, you can file an appeal against EX-Parte order.
Yes, appeal can be filed from jail also.
Yes, there are different limitation periods for filing an appeal.
You can file an appeal in both civil and criminal matters.
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