Friday, 2 September 2016

Civil and Criminal Appeal in Indian Laws

Civil Appeal under sec 113
1 96- 1st appeal where provision is there. Not less than 10k.
2 100- 2nd Appeal (sql) subjective question of law. Not less than 25k.

Note - file appeal on each order, decree or judgement but not afterwards once the final decree is there.

3 By a single judge no further appeal lies.
4 letters patent of Hc

Review - sec 114
Only by the same Court which passed the judgement.

Revision- 115
1 where no appeal lies.
2 either Hc or dj
3 After 1999, less powers on revision to disturb the trial.

Criminal

1 sec 472, 474 less than 3 years to dj rest to Hc.
2 revision under 395 where no appeal lies.  Either dj or Hc. Choose under 397
3 appeal against acquittal
By public servant - 6 months
Others - 90 days

For supreme Court
1 Hc certificate.
2 slp- 90 days to apply.

High court grants protection to couples under sec 482.

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