"The system of Appeal provides an opportunity to correct Judicial Orders which otherwise would operate unjustly"- Elaborate with relevant provision under the Civil Procedure Code, 1908 and the Criminal Procedure Code, 19
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2022
"The system of Appeal provides an opportunity to correct Judicial Orders which otherwise would operate unjustly"- Elaborate with relevant provision under the Civil Procedure Code, 1908 and the Criminal Procedure Code, 1973.
Answer & Explanation:
Any society that claims to uphold the supremacy of law will definitely have an elaborate provision for appeal under its various laws. This is because the majesty of judiciary notwithstanding, at the end of the day, judges are human beings and they can also be at fault just like any other individual. It is a fundamental tenet of a just society that the shortcomings of men should not operate to the disadvantage of fellow human beings in the courts of law. Various laws themselves have specific provisions for appeal. Under The Civil Procedure Code, 1908, an appeal may be an appeal from order or an appeal from decree. All orders are not appealable and complete description of the appealable orders has been given in Order 43 of the Code of Civil Procedure, 1908. The appeal has to be preferred within prescribed limitation period before the appellate court. The limitation period for appeal to High Court is 90 days and appeal to District Court is 30 days. If the period of limitation is expired, then application for condonation of delay also is required to be moved. The Code of Criminal Procedure, 1973 also contains elaborate provisions on appeals against a judgement or order of the criminal courts. Appeals to the Sessions Court and to the High Court are largely governed by the same set of rules and procedure. But the High Court being the highest appellate court within a state, has been given primacy in many cases where appeal is permissible. Thus, District and Sessions Court and High Courts are the most common appellate forums. The Supreme Court is the appellate court of last resort and enjoys very wide plenary and discretionary powers in the matters of appeal. Under Article 136 of the Constitution, the Supreme Court also enjoys a plenary jurisdiction in matters of appeal. However, Article 136 is not a regular forum of appeal at all. It is a residual provision which enables the Supreme Court to interfere with the judgement or order of any court or tribunal in India in its discretion. Indian laws that have constituted Tribunals for dispute settlement or grievance redressal have constituted appellate forum. For example, National Companies Law Appellate Tribunal (NCLAT), Securities Appellate Tribunal (SAT) and Debt Recovery Appellate Tribunal (DRAT), and Appeals from NCLAT will go directly to the Supreme Court and not to the High Courts. As appeal by itself shall not operate as stay of proceedings under the decree or order, except when directed otherwise by the appellate court, the execution of decree passed by the lower court also shall not be stayed for the mere reason that appeal is preferred.
Topics: Civil and Criminal Procedure
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