Professional Documents
Culture Documents
APPEALS
Essentials of an Appeal
Decision:
Decision judgment of a court or the
ruling of an administrative body.
Aggrieved party:
party Often but not
necessarily, a party to the original
proceeding.
Reviewing body:
body ready and willing to
entertain appeal.
Righ of Appeal
Section 96
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Memorandum of Appeal
The pleadings
The issues
The findings thereon
The judgment
The decree
When memorandum of appeal not in proper
form, the Court may reject it or return it to
the appellant for amendment. (Or.41 R.3)
Condonation of Delay
Cross-Objections: Rule 22
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Second Appeals
REFERENCE
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REVIEW
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Grounds
PROCEDURE AT HEARING
First Stage
REVISION
CONDITIONS
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2.
A subordinate court
The High Court cannot exercise revisional
jurisdiction unless the case is decided by a Court
and such Court is subordinate to the High Court. A
court means a court of civil judicature. Not any
person including any person acting in an
administrative capacity. If the intention is that the
prescribed officers should enforce the rights and
liabilities created by the statute in the exercise of the
existing jurisdiction of courts, they act as courts. If,
on the other hand, the intention is to create new
courts, they act as persona designata
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No Appeal Lies
The revisional jurisdiction can be invoked in respect of any case in
which no appeal lies to the High Court. The word appeal includes
first appeal as well as second appeal.
Jurisdictional Error
Where there is no question of jurisdiction, the decision cannot be
corrected because a court has jurisdiction to decide wrongly as well
as rightly. When a subordinate court exercises jurisdiction not
vested in it by law, or where subordinate court has failed to exercise
jurisdiction vested in it by law the HC can interfere by revision.
A revision also lies where the court has exercised its jurisdiction
illegally or with material irregularity. These words have been defined
by the Court in Keshardeo v. Radha Kissen: The errors
contemplated relate to material defects of procedure ad not to
errors of either law or fact after the formalities which the law
prescribes have been complied with
Sec 2 provides that the High Court shall not, under this
section, vary or reverse any decree or order against which an
appeal lies either to the High Court or to any Court
subordinate thereto.
Sub section (3)inserted by the Amendment Act clarifies that
mere filing of revision would not operate as stay of suit or
other proceedings unless such stay is granted by the High
Court.
The period of limitation is 90 days from the decree or order
sought to be revised.
The exercise of power can be suo motu or on a prayer made
by a party. A person other than a party can also bring illegality
or irregularity to the notice of the High Court.