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Appeal Before Highcourt

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Appeals Before High Court

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.

Appeal In Civil Matter

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).

Who Can File Appeal

  • It can be filed by the aggrieved person who is party, of the case
  • In case of the death of aggrieved person, legal heirs or representative can file appeal or can maintain the appeal.

The person who files Appeal is known as appellant and the court which entertain such matters known as Appellate court.

When An Appeal Can Be Filed In The High Court

  • If the person is aggrieved by the decree passed by district court
  • Where the party in dispute raises question relating to territorial and pecuniary jurisdiction of the court, which is passing decree
  • Where there is challenge related to interpretation of law
  • If there is defect or error related to legal proceeding occurred related to case
  • When failure of justice happened due to incompetency of court
  • When all the aggrieved parties didn’t join the original matter and order has been passed without hearing them
  • Where substantial question of law exists and affecting the right of the parties

Under what circumstances Appeal is not allowed:

  • No appeal can be filed, where the value of the original suit is not more than Rs.3000/-
  • No appeal can be filed if decree passed by the court is with the consent of parties

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.

Limitation periods

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:

  • 90 days is the limitation period for Appeal to the High court
  • 30 days is the limitation period for an Appeal to the other courts.
  • And for review in the same court, time period is 30 days.

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.

Stay:

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.

Procedure:

  • An Appeal can be filed after fulfilling abovementioned criteria’s.
  • Appeal should clearly contain the grounds on basis of which objection raised.
  • It should be annexed with copy of decree/order.
  • The appellant has to submit the amount paid in matter, where it’s the main subject matter.
  • Appellant has to deposit some security, in case it is asked by the court.
  • It’s the Appellant court who is going to decide on the very first day of hearing that whether they are accepting appeal or dismissing the matter.
  • If the appeal has been accepted, they will list the matter for next date of hearing.
  • Summon shall served to the opposite party also
  • One notice shall be serve by the high court to the lower court also regarding challenging of decree and filing of An Appeal

Criminal Appeal:

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.

Who can file an Appeal?

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.

Who cannot file an Appeal?

  • Where a court of sessions or metropolitan magistrate has not passed sentences of more than 3 months or fine exceeding not more than Rs.200.
  • No appeal can be filed where sentences as fine is not more than Rs.100 passed by first class magistrate and in summary trial ,it should not be more than Rs.200
  • Appeal cannot be filed if accused confesses his crime and convicted
  • Convicted accused can file an Appeal for commutation of sentence

Special Right of Appeal in Certain cases:

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.

Appeal from Jail:

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 by the state

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.

Appeal Related to Bail:

If the person is convicted by the high court then the high court has power to grant bail if the offence is bailable.

Limitation period:

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.

Procedure To File Criminal Appeal

  • An appeal shall be made in the form of a petition in writing presented by the appellant or his pleader
  • There should be a copy of the judgment or order appealed against.
  • A copy of the judgment or order means a certified copy.
  • Appellate court can dismiss the appeal also on ground of merit.
  • Appeal can be dismissed if court think judgment accurate after examining the submitted copy of order.
  • The accused must be heard and his appearance must be ensured while disposing of the appeal.
  • The Appellate Court is bound to call for the record if it has not been done earlier.
  • Court may dispose of the appeal even without asking for the record where the appeal is only as to the legality of the sentence.

Frequently Asked Questions

  • 1. Can I file an appeal in civil matter, if I am not the party in the matter?

    Yes, you can if you are legal heirs or representative of the aggrieved person but only if he is no more.

  • 2. What are documents required to file an Appeal?

    You just need to get order of the court against which you want to file an appeal.

  • 3. Can I file an appeal if the order has been passed without providing me reasonable chance to defend?

    Yes, you can file an appeal against EX-Parte order.

  • 4. Can somebody Appeal from Jail?

    Yes, appeal can be filed from jail also.

  • 5. Is there any time limitation for filing an Appeal?

    Yes, there are different limitation periods for filing an appeal.

  • 6. In which kind of matters, I can file an appeal?

    You can file an appeal in both civil and criminal matters.

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