An appeal is a process by which any person who has been a party to the case before the subordinate Court can challenge the judgement or an order passed by the subordinate court to the superior court. The individual submitting or persevering with an attraction is known as the appellant and the concerned Court is called as the appellate Court.. However, if the appellant person dies, his or her legal representation or successors in interest may as well file or maintain the appeal.
It should be noted that a party to any case cannot file an appeal to the superior court. An appeal can be only made if the law specifies such and in a specific manner.
SUPREME COURT APPLEALS
The Supreme Court is the highest court of land in our country. It entertains appeals for both civil and criminal cases. The Supreme Court accepts appeals for reviewing the judgement or order passed by any High Courts or any subordinate court within the territory of India.
- CONSTITUTIONAL CASES
An appeal may be filed towards any judgment, decree, or order of a High Court in a civil, criminal, or any other proceedings if the concerned High Court certifies that the case entails a significant query of law as to the interpretation of the constitution. Where such a certificate is given any party withinside the case may appeal to the Supreme Court on the ground that the sort of query has been wrongly decided.
- CIVIL CASES
An appeal can be filed towards any judgment, decree, or order in a civil case of a high court if the High Court certifies that the case includes a substantial query of the law of general significance and that in the opinion of the High Court the said query needs to be determined by the Supreme Court. However, the individual who is submitting an appeal is needed to pay a Court Fee as per the scheduled table of Court Fees
- CRIMINAL CASES
An appeal may be filed towards any judgment or order or sentence of a High Court in a criminal proceeding if:
- the concerned High Court has an appeal reversed an order of acquittal of an accused individual and sentenced him to die, lifetime imprisonment or imprisonment for not less than ten years.
- Secondly, if the High Court has withdrawn for trial earlier than itself any case from any of its subordinate courts and in such trial has convicted the accused person and sentenced him to death or to the imprisonment for life or for a length of not less than ten years.
- Thirdly, if the High Court certifies that the case is eligible for appeal to the Supreme Court.
- Lastly, someone convicted on a trial held by the High Court in its incredible original criminal jurisdiction also can appeal to the Supreme Court.
However, no appeal may be filed by a convicted individual if the sentence, surpassed towards him by the HC does not exceed the time period of 6 months or fine not more than one thousand. Also, there may be no court fee for criminal cases.
- BAIL PENDING APPEAL
The Supreme Court has the powers same as the High Court for granting bail to the accused pending his appeal.
- ABATEMENT
The Criminal appeals in the Apex Court could hamper or hold on the dying of the accused on similar grounds as earlier than the High Court.
- SPECIAL LEAVE TO APPEAL
If the High Court refuses to certify a case as above stated or if any of the situations as above stated aren’t fulfilled by any party, the case can seek special leave to record appeal from the Supreme Court itself. The Supreme Court can also additionally provide special leave to appeal for any judgment, decree, determination, sentence, or order made by any court of tribunal. However, special leave to appeal cannot be received to challenge any judgment, determination, sentence, or order passed as made by any court.
- CIVIL SPECIAL LEAVE PETITION: The party desires to appeal special leave in a civil case from the Supreme Court of India is required to file a Civil Special Leave Petition in a specified format. There is also a court fee which is payable for filling the petition.
- CRIMINAL SPECIAL LEAVE PETITION: The party desires to appeal special leave in a criminal case from the Supreme Court of India is required to file a Criminal Special Leave Petition in a specified format. There is no court fee which is payable for filling the petition.
- REVIEW
Supreme Court of India has the power to review its very own judgment. For overviewing, the petition has to be filed within 30 days from the date of judgment passed. The petitioner has to mention the ground on which the overview is sought. The overview can be sought both in Civil and Criminal cases if there is any mistake or miscarriage of justice . The prescribed court costs need to be paid with the overview petition.
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