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Appeals before the High Court

Before getting into the details, let’s discuss appeal. Through the appeal’s process, we can ask for the lower courts’ rulings to be overturned. If someone is dissatisfied with the trial court’s ruling, they may appeal it to the high court in both civil and criminal cases, according to the hierarchy of courts. Only after meeting the requirements outlined by law in a specific manner in a specific court may an appeal be filed.

Overview

The Code of Civil Procedure, 1908 governs civil appeals in civil matters, which are submitted in opposition to the judgment or order of civil cases. The High Court will hear appeals of any district judge's orders or decrees. If an EX-PARTE ruling has been made, anyone may appeal (meaning, order passed just by hearing and considering one party).

Those who may Appeal

  • The party that has been wronged and is a party to the litigation may file one.
  • Legal heirs or representatives have the right to appeal or maintain the appeal in the event that the offended party passes away.

  • The person who files an appeal is referred to as the appellant, and the court that hears such cases is referred to as the appellate court.

When to file an appeal with the high court?

  • If the individual is unhappy with the district court's decision and the other party questions the court's territorial and financial jurisdiction, they may file a complaint.
  • Whenever there is a legal interpretation issue
  • If a flaw or mistake happened during a court action that is relevant to the case When a court's incompetence resulted in the injustice when none of the parties who were wronged joined the original case and an order was made without their input
  • where a significant legal issue exists and it affects the parties' rights

What Circumstances preclude appeals?

  • Where the original suit's worth is less than Rs. 3000, no appeal may be filed.
  • If the parties consented to the court's decision, no appeal may be made.
  • Let me briefly discuss the first appeal and second appeal concepts before moving on.
    A decree issued by an appellate civil court is regarded as the subject of the first appeal, and a challenge to that decree before the high court is regarded as the subject of the second appeal. Only in cases where the court has issued an Ex-Parte decree and is convinced that a significant legal issue is at stake may a second appeal be brought.

Limitation Periods

According to the Limitation Act, every appeal has a deadline within which it must be filed. The appeal's limitation period changes depending on-

  • The deadline to file an appeal with the high court is 90 days.
  • The limitation period for an appeal to other courts is 30 days.
  • Additionally, there is a 30-day review period at the same court.
  • Court fee is required of the appellant, and after the appeal is filed, notice must be served on the opposing party.

Stay

The decree or order issued by the lower court is not automatically suspended upon the filing of an appeal. The decree or order issued by the lower court must be specifically granted permission to be stayed, and the stay will only be effective if the court does so.

Procedure

  • After meeting the requirements listed above, an appeal may be submitted.
  • The grounds for the objection should be stated in the appeal in full.
  • It should have a copy of the decree or order annexed.
  • The sum paid in the action, if it is the major subject matter, must be submitted by the appellant.
  • In the event that the court requests it, the appellant must deposit some security.
  • On the first day of hearings, the appellant court will choose whether to accept the appeal or to dismiss the case.
  • The subject will be listed for the following hearing date if the appeal has been accepted.
  • Summons must be delivered to the opposing party as well.
  • The high court must send a notice to the lower court regarding challenging a decision and launching an appeal.

Criminal Appeal

An appeal in a criminal case may be made to the High Court if certain legal requirements are met in accordance with The Criminal Procedure Code of 1973's legislative regulations. However, the CrPC lacks a definition for the word "appeal." An appeals right is not a fundamental or natural right. It is a statutory right that our legislation grants. In order to contest his own conviction, a prisoner who has been convicted may seek an appeal.

Who has the right to appeal?

Anyone found guilty at a trial conducted by a session judge, an additional session judge, or in any other trial court and given a jail sentence of more than seven years may file an appeal with the High court.

Who is ineligible to appeal?

  • If a metropolitan magistrate or session court has not handed down a sentence of more than 3 months or a fine of more than Rs. 200.
  • If the fine imposed by a first-class magistrate is less than Rs. 100 and less than Rs. 200 in a summary trial, no appeal may be made.
  • If the accused confesses to his crime and is found guilty, no appeal may be made.
  • Those who have been found guilty might appeal for a sentence reduction.

Special appeal rights in some cases-

    If more than one person is found guilty in a single trial and the case is appealable, both the person found guilty and the other defendants have the right to appeal the case.
  • Appeal while in jail- A person has the legal right to file an appeal while in jail. If a prisoner is already serving time and wants to appeal his conviction, he can do so by submitting an appeal form to the official in charge of the prison. The correctional officer has a responsibility to forward this appeal to the proper court. Without being heard by an appellate court, no jail appeal may be rejected.
  • Appeal from the State- In the event that the state government deems the punishment to be insufficient, an appeal may be lodged. The accused will have the chance to provide his own defence. The accused individual has the option to appeal for acquittal or for mercy in the sentence. Additionally, the state where the High Court issued the acquittal order may submit an appeal in the case. Such an appeal may be heard by the top court.
  • If the offender is found guilty by the high court, the high court may issue bail if the crime is one that can be done so.

Limitation Period

ust like with civil appeals, there is a time limit that applies to matters involving criminal appeals. The limitation period for appealing a death sentence imposed by a session court or a high court with original jurisdiction is 30 days. The high court's limitation period is 60 days for sentences or any other orders that are not orders of acquittal, and 30 days for all other courts. In circumstances where the order must be made after requesting the court's special permission, the limitation time is 30 days in cases where it is 90 days against the order of acquittal.
For those with convictions who appeal through the jail administration, there is no court charge; everyone else must adhere to the court price schedule.

How to file a criminal appeal?

  • An appeal must be lodged in writing and presented by the appellant or his or her advocate.
  • A copy of the ruling or order being appealed against must be provided.
  • A certified copy is referred to as a copy of the decision or order.
  • The appellate court may reject the appeal for merits-based reasons as well.
  • After reviewing the provided copy of the order, the court may dismiss the appeal if it finds the judgment to be accurate.
  • While deciding the appeal, the accused must be heard and his appearance must be guaranteed.
  • If the record has not been requested previously, the appellate court is required to do so.
  • In cases when the appeal concerns merely the validity of the sentence, the court may decide the case even without requesting the record.

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