Generally, an appeal is where either party in a dispute are questioning either the law or the fact from a judgement or the decision given in a court of first instance. A High court is primarily a Court of Appeal. The Court hears appeals against the judgements or the decisions of the Subordinate courts functioning in its Territorial Jurisdiction. As already told, high court is the Court of Appeal which has the power to reduce or modify or change the judgement passed by lower courts in the Country.
According to the hierarchy system of the courts, the trial courts and the district court are subordinate to the High court in the civil and criminal matters. Any person in the country who is resentful by the judgement or decision made by the court can challenge that decision before the higher court for appeal. In simple words, Appeal is a process by which the judgement or the order of the subordinate court is challenged before the high court.
· A decision from which an appeal is made.
· A person or person aggrieved
· Reviewing body ready to review the appeal.
APPELLATE JURISDICTION OF THE HIGH COURT
. The high court has Appellate Jurisdiction in both civil and criminal matters. Appellate Jurisdiction is the jurisdiction which has the power to handle the cases on appeal against the judgement or the decision delivered by any District courts or the Subordinate Courts in the Country.
An appeal can be filed by any person who is a party to the dispute and the legal heirs, in case of death person or the representatives files the same before the high court. The person who files the appeal and continues to maintain it on behalf of the deceases person is known as the appellant and the court which hears such appeal is said to be appellate court. Since Supreme Court is the highest court of appeal, there can be no appeal made for the modification of the decisions of the Supreme Court.
APPEALS IN CIVIL MATTERS
Basically, the appeals that are filed either against the decisions or the judgements of the civil cases are considered as the Civil Appeals. These civil appeals are regulated or governed by the Civil Procedural Code. Though, the high court has the authority to frame its own rules and procedures to conduct the civil appeals.
Appeal from the Original decree that is the first appeal, it can be made to several courts based on the subject matter of the case and the monetary value of the case against the judgement or the decree of the civil court. These judgements are given by the civil judge, Additional District Judge and the High court having the Original Jurisdiction of the matter. Now comes the Second appeal, in this second appeal if there is a considerable question of law(no question of facts) is involved in the judgement of the decree given by the appellate court in the first appeal, it can be challenged in the second appeal before the High Court. Such appeal can be filed against the judgement of the first appellate court.
Appeals from the decisions of the administrative and the other tribunals lie to the division bench of the state high court. Appeal to the High Court to be heard by Division Court. Section – 96 of the Code of Civil Procedure gives a comprehensive provision for appeal in case of original decrees. No appeals can be made against the judgement or the decree passed by the court, with the consent of the parties. Here comes the process of appeal, the signed memorandum of the parties is must for filing the appeal. The appeal filed before the high court has to be in written form. The memorandum must include the clear grounds of objection against the judgement that is challenged before the court and all the relevant copies that are the copy of grounds, judgements and all other relevant papers as the counsel feels necessary.
APPEALS IN CRIMINAL MATTERS
In Criminal matters, convicted person can appeal. Any person who is convicted for the offence that is punishable with the imprisonment of seven years or more on a trial itself held by the session judge or held any other subordinate court, convicted person can appeal to high court. It should also be noted here that a death sentence (popularly known as capital punishment) held by the sessions court or an additional sessions court should be confirmed by the high court before it can be executed, whether there is an appeal by the convicted person or not. There are some limited appeals for the criminal matters:
· When the punishment for the offence is imprisonment for a term not exceeding three months or the fine exceeding Rs.200/- or both, in these cases no appeal shall be filed.
· No appeal can be filed in the cases where the sentences is paying the fine of Rs.100/- or less given by the magistrate of the first class or a sentence of fine of Rs.200/- or less passed in the summary trial.
· Appeal cannot be filed before any court in the cases where the accused itself confesses his guilt and is convicted, but after making confession of his guilt he can appeal for the legality and the extent of the sentence.
APPEAL BY THE STATE
The State Government has the power to appeal to the high court with respect to the enhancement of the sentence of the accused in the cases where the sentence is inadequate. The Opportunity is given to the accused for challenging the enhancement of the sentence. The accused person has the right to appeal for the reduction of the sentence or for the acquittal. The state also can appeal for the acquittal order passed by the high court.
BAIL PENDING APPEAL
Bail pending appeal is nothing but the appeal filed by a convicted person is pending before the court and the court may record the reasons in writing and suspend the sentence which is passed against the convicted person and if the convicted person is in the confinement, bail can be granted.
LIMITATION PERIOD FOR FILING THE APPEAL
So, the period within which the appeal should be filed is 30 days for filing the appeal against the death sentence passed by the session court or the high court having its original jurisdiction and 90 days for filing the appeal against the order of acquittal and the limitation period is 90 days in the cases where the order has to be made after seeking the special leave of the court. For the review of the judgement, the limitation period is 30 days.
So, therefore, an appeal is maintainable against any decree or judgement from a court exercising original jurisdiction. Right to appeal is conferred by statute and it is not fundamental or a constitutional right. The subject matter of an appeal must be the judgement where a conclusive determination of the rights of a party is done and that party must be affected by such determination. So, the high court of our country has appellate jurisdiction for both the civil and criminal matters. This is about Appeal to the High Court.
- Dr. J. N. Pandey – Constitutional Law of India
- Image Credits
The article is authored by
The article is authored byK. Keerthika