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Appeal

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An Appeal is the removal of a cause or a suit from an inferior court to a superior court for re-examination or review.

It is an application submitted to a higher court to correct or the decision of a lower court. The higher court can accept the appeal or dismiss it, either fully or partly.

An Appeal is a judicial examination. A Memorandum of Appeal, on the other hand, is the set of grounds upon which a judicial examination is prayed for.

In general, an application for appeal has to be made before which the appeal can be actually moved at a higher court. The application has to be first submitted at the court immediately following its judgement. If the court decides not grant the permission, then the application can be made at the Court of Appeal itself.

Examples

  • An Appeal can be dismissed on the ground that in the absence of any specific finding whatsoever as to the rate of rent and the period of default committed by the respondent-tenant, the proceedings under the Companies Act, 1956, for winding-up was not maintainable.

Recent Cases / Related Cases / Case Law

Malaysian Case Laws

  • Tan Srri Abdul bin Mohd Noor v Public Prosecutor, [2001] 3 MLJ 1: Court of Appeal held that it is not a practice of the appellate court to impose its own sentence over that of the trial court especially when the Public Prosecutor chooses not to appeal.

Indian Case Laws

  • Municipal Board, Sumerpur v Kundanmal and Others, Civil Appeal Jurisdiction, Civil Appeal No 460 OF 2008, Supreme Court of India judgment dated April 21, 2017: Supreme Court remands the case to the writ Court due to the reason that both, i.e., the writ Court and the Appellate Court did not set out even the factual controversy nor dealt with the submissions urged by the appellant and nor examined the issues in the context of relevant provisions of the Act which governed the controversy.
  • Swetamber Sthanakwasi Jain Samiti v Alleged Committee of Management, Sri R J I College, (1996) 3 SCC 11: High Courts refuse to accept writs when there is a predetermined course available for seeking justice. Where the remedy by way of appeal and revision is available, the High Court cannot assume jurisdiction.
  • State of UP v Committee of Management of S K M Inter College, 1995 Supp (2) SCC 535, the power of the High Court under Article 226 is discretionary and the power cannot be exercised as a court of appeal.

Related Topics

  • Civil Appeal
  • Application to leave

Statutes on Appeal