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

Related Topics

  • Civil Appeal
  • Application to leave

Statutes on Appeal