Wednesday, 31 August 2017

Tuesday, 14 May 2019

Appellate Court and powers of the Appellate Court

The Supreme Court of India, relishes three types of jurisdictions, which are the Original Jurisdiction, Appellate Jurisdiction and Advisory Jurisdiction. These jurisdictions fall beneath the Article 131, 133-136 and 143 respectively. However, today we are substantially going to focus upon, Appellate Court and powers of the Appellate Court.



An appeal signifies a type of procedure by which a judgement of a subordinate court is been provoked or confronted before it's sub-ordinate court. Usually, the person who files an appeal is called as an Appellant and the court concerned is known as an Appelate Court.

Customarily, the first appeal lies with the High Court, while the second appeal lies with the Supreme Court. Under Appelate Jurisdiction, Supreme Court can hear the matters, only when it is appealled against the command of a High Court. Let's find out about the specific things comcerned with the Appellate Court.




Appellate Court and powers of the Appellate Court


appellate-court-powers-appellate-court
Appellate Court and powers of the Appellate Court

Appellate Court :
An Appelate Court refers to that court which has the authority or the competency to hear the appeals of a trial court or any other lower tribunal. These appeals are those, which are been heard in a trial court or in lower tribunal, already. In order to scrutinize the decision, in an abortive resultant at trial court or lower tribunal, a person or an entity may put forward its appeal to an Appelate Court.

An Appelate Court scrutinizes all the affirmations from a lower court, in order to make sure whether or not the appeal put forwarded by a lower court can be justified. It cam hear all the appeals except those which are fall under Article 131, that is, under Original Jurisdiction.

According to Article 133, an appeal may be put forwarded before the Supreme Court, only if

(i) The dispute involves a question of law, which is of general importance ; or

(ii) The said question requires the consideration of the Supreme Court, in opinion of the High Court.

If none of the above conditions are contented, than Article 136 states or renders that an appeal may be granted under Special Leave Petition (SLP), where a party may yearn the Supreme Court to concede a special leave to the appeal. If it is conceded, than the matter is been recognized as an appeal, and if not, the appeal is dismissed.



The Powers of an Appellate Court 

After scrutinizing a record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and in case of an appeal under Section 377 or Section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may -

(a) In an appeal from an order of acquittal, reverse such order and directs that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law.

(b) In an appeal from a conviction -
[i] reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or

[ii] after the finding maintaining the sentence, or 

[iii] with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same.

(c) In an appeal for enhancement of sentence -

[i] reverse the finding and sentence and acquit and discharge the accused or order him to be re-tried by a court competent to try offence, or

[ii] alter the finding maintaining the sentence, or.

[iii] with or without altering the finding, alter the nature or the extent or the nature and extent, of the sentence, so as to enhance or reduce the same.

(d) In an appeal from any other order, alter or reverse such order.

(e) Make any amendment or any consequential or incidental order that may be just or proper.
Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement.



Provided further that the Appellate Court shall not inflict greater punishment for the offence which is opinion the accused has committed, than might been inflicted for that offence by the Court passing the order or sentence under.

Thus, this was a concise analysis of what actually is an Appellate Court and powers of the Appellate Court.

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