Appeal means – an application to a higher court for a decision to be reversed. If you believe a final decision of a trial court or state administrative agency is legally wrong, you may have right to appeal the decision. An appeal is very different from proceedings before a trial court or administration agency.
For an Appeal : –
– You must make all your arguments in writing.
– You Cannot present witnesses.
– you cannot present new evidence.
– You cannot make new argument on appeal.
In almost all cases, the appellate court only considers two things :-
– Whether a legal mistake was made in the trial court, and
– Whether this mistake changed the final decision called the judgement in the case.
The appellate court can only reverse the trial court’s decision if it finds a legal mistakes in the trial court proceeding.
What is a Court Of Appeal ?
A court Of appeal, which can also be classified in accordance to its synonymous title ” appellate Court ” is a court of appeal with the jurisdiction authority to retry, review or re – examine specific cases that have received rulings from Lower Courts, in order for a case for an appeal to be brought before an appellate court, the appellate court will perform judicial review with regard to the pre-existing Ruling. The nature of court of appeal with regard to both procedures as well as Hierarchy varies greatly on both locational and jurisdictional basis.
Federal Court Of Appeal : –
The Redressal of legal grievances involves three – tier hierarchical judicial machinery comprising the SC situated in Delhi as the Highest Court of the country. The High Court situated in various states and union territory constitutes the second tier of this Hierarchal order in the descending order. The court in a particular state or a union territory subordinate to their respectives High Court are the lower most Rung of the hierarchy.
There are certain special Tribunals to adjudicate upon certain specific matters such as Income Tax, Excise, Company – Law, Recovery Cases, Consumers Tribunals, appeal for these tribunals may lie to the High Court and Supreme Court.
Appeal On certified By High Court :-
Constitutional cases : – An appeal can be filed against any judgement, decree, final order of a High Court in, a civil and criminal or other proceedings if the concerned High Court certifies that the case involves a substantial question of law.
Civil Cases : – The party making the appeal can urge as one of the grounds that the substantial question of law as to the interpretation of the constitution has been wrongly decided.
Court fees For Filing Appeal in Civil Cases : –
The person filing an appeal is required to pay a court – fee as per the scheduled table of court fees.
Limitation Period For Filing Appeal In Civil Cases :-
The petition of Appeal on the basis of certificate by High Court have to be presented within 60 days from the date of grant of the certificate of fitness. But in computing period of limitation, time spend in obtaining a copy of the certificate exclude, further if appeal petition is delayed, the appeal may seek condonation of delay, from the Supreme court by explains the reasons for the delay.
Procedure Of Filing a Civil Appeal : –
– The party desirous of filing an appeal on a certificate by High Court as aforesaid is required to file a petition of appeal in the court.
– The petition should concise information regarding proceedings in subordinate court or chronological order.
– The petition of appeal should be accompanied by seven copies of :
* A certified copy of judgement and decree appealed .
* A certified copy of Certificate granted by High Court.
* A certified copy of the order granting the said certificate.
– In case where the High Court has passed a summary order are also required to filed with the petition of appeal.
Criminal Cases Appeal : – An appeal can be filed against any judgement, final order or sentence of a High Court in a criminal proceeding in following situations : –
– Firstly : – If the concerned High Court has an appeal reversed an order of acquittal of an accused person and sentenced him to death, imprisonment for life as to imprisonment for a period of not less than 10 years.
– Secondly : – If the High Court has withdrawn for trial before itself any case from any of its subordinate court and in such trial has convicted the accused person and sentenced him to death or to be imprisonment for life or for a period of not less than 10 years.
– Thirdly : – If the High Court certifies that the case is a fit one for appeal to the Supreme Court.
– Lastly : – A person convicted on a trial held by the High Court in its extraordinary original criminal jurisdiction can also appeal to Supreme Court.
However no appeal can be filed by a convicted person if the sentence passed against him by the High Court does not exceed the term of 6 Months as fine not exceeding 1000 as both such imprisonment and fine. The criminal appeal can be filed if the High Court disregarded or misapplied the established principles of criminal law.
Court Fees for Filing a Criminal Appeal : –
No court fees is payable in Criminal Appeals.
Limitation For Filing a Criminal Appeal : –
A Criminal Appeal in which a Certificate has been granted by the High Court is required to be filed with 60 days from the date of said Certificate in other cases appeal is to be filed within 60 days from the date of judgement final order or sentenced appealed.
Procedure For Filing a Criminal Appeal : –
– The memorandum of appeal should be in the form of petition and should contain concisely.
– The petition of appeal has to be accompanied by the certified copy of the judgement/order challenged in appeal as well as certified copy of certificate of the High Court in case appeal is filed on a certificate.
– In case where the High Court has passed summary order to be filed with the petition of appeal.
– Where the appellant has been sentenced to a term of imprisonment, the petition of appeal is required to state if the appellant has surrendered if the appellant has not surrendered to the sentence, the appeal cannot be registered unless the court on a written application orders its registration where the application appellant is in jail, he may present his petition of appeal through the officers – in – charge of the jail.
Conclusion : – A appeal is a process by which a Judgement/Order of a subordinate court is challenged before its superior court. An appeal can be filed only by a person who has been party to the case before the subordinate court. However, at the death of such a person, his legal heirs and successors in interest may as well as file or maintain as already filed appeal filed appeal in many matters. The person filing an appeal is called the appellant and the concerned court is termed as the appellate court.
Neha Khatri (Advocate)
(DELHI HIGH COURT)
Master of Law (LL.M.)
UNIVERSITY OF PETROLEUM AND ENERGY