Final Appeal: Civil law in India- A Check To Lower Court’s Ruling

There is no concept of appeal in the code of civil procedure, but there is no doubt that any request to an appeal court by a party seeking to set aside or overturn a lower court's ruling is an appeal. An appeal in its true sense gets defined as the complaint to a superior court for an injustice done or error committed by a lower court. In this case, the former is asked to correct or overturn a ruling or a decision. So, to have the lower court's decree reversed is a Statutory Remedy. Grounds of an Appeal The following grounds may get used to filing a...

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Court Laws

SUPREME COURT: A COURT OF RECORD AND ITS POWER

The Supreme court, the Apex court of India, acts as an appellate court whose decision is binding on all other courts(i.e., District courts or High courts) of India. It also acts as a court of record under Article 129 of the constitution of India. A court of record, a court whose powers and proceedings get as reference for perpetuity and testimony. These records are of high evidentiary value and cannot be brought into question when presented before any other court. A court of record can punish and imprison for any offence, including the power to punish ...

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Court Laws

Appellate: A Second Shot At Justice

Human judgements are fallible. Despite best efforts and the provisions ensuring a fair trial and justice, mistakes and errors cannot get ruled out completely. Therefore, the Code provides for the appeals, enabling the superior courts to review, revise, and correct the judgements given by the lower court. The Supreme Court gets the appellate and advisory jurisdiction. Appeals are not only a curative device. Instead, it serves a purpose of utmost importance. It provides the aggrieved parties with a certain satisfaction. The fact that the judgements del...

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Court Laws