0901 Module 07 Appeals, Revision and Review, Recognition of Judgments

Chapter 07 Appeals, Revision and Review, Recognition of Judgments

1. Introduction

This chapter discusses the different ways in which a person can challenge the decisions of lower courts in India. These mechanisms are known as appeals, revision, review, and recognition of judgments..

Appeals: Appeals are a way to challenge the findings of fact or law made by a lower court. An appeal can be filed by any party to a case, or by the court itself.

Revision: Revision is a way to correct errors in the procedure of a lower court. A revision can be filed by any person who is aggrieved by the decision of the lower court.

Review: Review is a way to reconsider the decisions of a lower court. A review can be filed by the court itself, or by any party to a case.

Recognition of judgments: Recognition of judgments is a way to enforce the decisions of foreign courts in India. A foreign judgment can be recognized by an Indian court if it meets certain requirements.

 

The following sections of this chapter will discuss each of these mechanisms in more detail. They will also discuss the procedure for each mechanism and the relevant case law.

Why is this chapter important?

This chapter is important because it provides a way to ensure that justice is done. If a person believes that they have been wrongly wronged by a lower court decision, they can challenge the decision through one of these mechanisms. This allows the higher courts to review the decision and make sure that it is correct.

What are the different types of appeals?

There are two main types of appeals:

Appeals from Original Decrees

Appeals from Appellate Decrees.

Appeals from Original Decrees: are appeals from the decisions of the first instance courts, such as the district courts.

Appeals from Appellate Decrees: are appeals from the decisions of the appellate courts, such as the high courts and the Supreme Court.

 

There are also a number of other types of appeals, such as appeals from orders, appeals by special leave, and appeals by certificate.

 

What is the Procedure for Filing an Appeal?

The procedure for filing an appeal varies depending on the type of appeal. However, the general procedure is as follows:

 

1. The appellant must file a petition for appeal with the appellate court.

2. The petition must set out the grounds of appeal.

3. The respondent must file a reply to the petition.

4. The appellate court will then hear the appeal and issue a judgment.

 

What are the Powers of the Appellate Courts?

The appellate courts have a wide range of powers, including the power to:

·        Reverse the decision of the lower court.

·        Modify the decision of the lower court.

·        Remand the case to the lower court for a retrial.

·        Set aside the decision of the lower court and dismiss the case.

 

What is the Importance of Recognition of Foreign Judgments?

The recognition of foreign judgments is important because it allows Indian courts to enforce the decisions of foreign courts. This is important because it helps to ensure that people who have been wronged by a foreign court can get justice.

 

How is the recognition of foreign judgments determined?

The recognition of foreign judgments is determined by the Indian Foreign Judgments Act, 1961. The Act sets out the requirements that must be met for a foreign judgment to be recognized in India.

2. Appeals from Original and from Appellate Decrees, Appeals to Supreme Court

An appeal is a legal proceeding in which a higher court reviews the decision of a lower court. Appeals can be filed from original decrees, which are decrees made by the first court to hear a case, and from appellate decrees, which are decrees made by a higher court after hearing an appeal from an original decree.

Appeals from original decrees:

·         An appeal from an original decree can be filed by any party to the case.

·         The appeal must be filed within 90 days of the date of the decree.

·         The appeal can be filed on any ground, including errors of law or fact.

Appeals from appellate decrees:

·         An appeal from an appellate decree can only be filed by the party who lost the case in the appellate court.

·         The appeal must be filed within 30 days of the date of the decree.

·         The appeal can only be filed on grounds of errors of law.

Appeals to the Supreme Court:

·         The Supreme Court can hear appeals from High Courts on a limited number of grounds.

·         The grounds f.or appeal to the Supreme Court include:

o    The High Court has made an error of law in its decision.

o    The High Court has refused to exercise its jurisdiction.

o    The High Court has given a decision that is inconsistent with the decision of another High Court or the Supreme Court.

 

 

2.1 Appeals from Original Decrees

An appeal from an original decree is an appeal from a decision made by the first court to hear a case. Any party to the case can file an appeal from an original decree, and the appeal must be filed within 90 days of the date of the decree.

The appeal can be filed on any ground, including errors of law or fact. An error of law is a mistake made by the lower court in interpreting the law. An error of fact is a mistake made by the lower court in finding the facts of the case.

The appellate court will review the decision of the lower court and determine whether there was an error. If the appellate court finds that there was an error, it can either affirm the decision of the lower court or reverse the decision and enter a new decree.

 

2.2 Appeals from Appellate Decrees

An appeal from an appellate decree is an appeal from a decision made by a higher court after hearing an appeal from an original decree. Only the party who lost the case in the appellate court can file an appeal from an appellate decree, and the appeal must be filed within 30 days of the date of the decree.

The appeal can only be filed on grounds of errors of law. An error of law is a mistake made by the lower court in interpreting the law. The appellate court will not review the findings of fact made by the lower court.

 

 

 

2.3 Appeals to the Supreme Court

The Supreme Court is the highest court in India and it can hear appeals from High Courts on a limited number of grounds. The grounds for appeal to the Supreme Court are set out in Article 132 of the Constitution of India.

The grounds for appeal to the Supreme Court include:

·         The High Court has made an error of law in its decision.

·         The High Court has refused to exercise its jurisdiction.

·         The High Court has given a decision that is inconsistent with the decision of another High Court or the Supreme Court.

·         The High Court has given a decision that is in conflict with the provisions of the Constitution of India.

·         The High Court has given a decision that is in conflict with the international law.

The Supreme Court can also hear appeals from High Courts on other grounds, but only if it grants special leave to appeal. Special leave to appeal is a discretionary power that the Supreme Court can exercise in cases where it considers that the case is of exceptional importance or where it is necessary to correct a serious error of law.

 

3. Appeals from orders

An order is a decision made by a court that is not a decree. Appeals can be filed from orders made by trial courts, appellate courts, and even the Supreme Court.

Orders that can be appealed:

·         Orders that decide the rights of the parties to the case.

·         Orders that affect the progress of the case, such as orders granting or refusing interim relief.

·         Orders that are made in error.

Time limits for filing appeals:

·         Appeals from orders made by trial courts must be filed within 30 days of the date of the order.

·         Appeals from orders made by appellate courts must be filed within 90 days of the date of the order.

·         Appeals from orders made by the Supreme Court must be filed within 90 days of the date of the order.

Grounds for appeal:

·         Appeals can be filed on grounds of errors of law or fact.

·         Appeals can also be filed on grounds of procedural irregularities.

 

 

3.1 Orders that can be appealed:

 

3.1.1 Orders that decide the rights of the parties to the case:

 

Orders that decide the rights of the parties to the case are known as final orders. These are orders that dispose of all the issues in the case or that make a significant change to the status quo.

Some examples of final orders include:

·         Orders granting or dismissing a claim

·         Orders awarding or denying damages

·         Orders granting or refusing interim relief, such as an injunction or a stay of execution

·         Orders setting aside a judgment or decree

·         Orders appointing a receiver

·         Orders approving a settlement

Appeals can be filed from final orders. However, not all final orders can be appealed. Only final orders that are made by a court of competent jurisdiction can be appealed.

 

 

3.1.2 Orders that affect the progress of the case:

          Orders that affect the progress of the case are known as interim orders. These are orders that are made during the course of the case and that are designed to preserve the status quo or to prevent irreparable harm.

Some examples of interim orders include:

·         Orders granting or refusing injunctions

·         Orders granting or refusing stays of execution

·         Orders appointing a receiver

·         Orders preserving evidence

·         Orders ordering the parties to comply with discovery requests

Appeals can be filed from interim orders. However, not all interim orders can be appealed. Only interim orders that are made by a court of competent jurisdiction can be appealed.

 

 

3.1.3 Orders that are made in error:

Appeals can also be filed from orders that are made in error. This includes orders that are based on a wrong interpretation of the law, or that are based on a finding of fact that is not supported by the evidence.

It is important to note that not all orders can be appealed. Only orders that meet the criteria set out in the Code of Civil Procedure can be appealed.

 

3.2 Time limits for filing appeals:

The time limits for filing appeals are strict and they must be strictly adhered to. If an appeal is not filed within the time limit, it will be dismissed.

The time limit for filing an appeal from an order made by a trial court is 30 days. The time limit for filing an appeal from an order made by an appellate court is 90 days. The time limit for filing an appeal from an order made by the Supreme Court is also 90 days.

There are a few exceptions to these time limits. For example, if the order is made ex parte, meaning that the other party was not present when the order was made, the time limit for filing an appeal is 60 days.

If you are considering filing an appeal, it is important to be aware of the time limits and to file the appeal within the time limit.

 

 

3.3 Grounds for appeal:

 

The grounds for appeal are the reasons why an appeal can be filed. The grounds for appeal vary depending on the court that is hearing the appeal.

In general, appeals can be filed on grounds of errors of law or fact. An error of law is a mistake made by the lower court in interpreting the law. An error of fact is a mistake made by the lower court in finding the facts of the case.

Appeals can also be filed on grounds of procedural irregularities. A procedural irregularity is a mistake made by the lower court in following the rules of procedure.

The specific grounds for appeal will depend on the order that is being appealed. For example, if the order is an order granting or dismissing a claim, the grounds for appeal may be that the lower court made an error of law in its interpretation of the law. If the order is an order granting or refusing interim relief, the grounds for appeal may be that the lower court made an error of fact in finding the facts of the case.

It is important to note that not all errors of law or fact can be appealed. Only errors that are material to the outcome of the case can be appealed.

4. Powers of Appellate Courts, Procedure in appeals, Filing Appeal, Stay of Proceedings or Execution, Hearing, Judgment and Decree in Appeal

Appellate courts have the power to review the decisions of lower courts. They can affirm the decisions of lower courts, reverse them, or modify them. Appellate courts also have the power to grant or refuse interim relief, such as a stay of execution.

 

Powers of appellate courts:

·         The powers of appellate courts are set out in the Code of Civil Procedure.

·         Appellate courts can affirm, reverse, or modify the decisions of lower courts.

·         Appellate courts can also grant or refuse interim relief.

 

Procedure in appeals:

·         The procedure for filing an appeal is set out in the Code of Civil Procedure.

·         The appeal must be filed in the appellate court that has jurisdiction over the case.

·         The appeal must be filed in the correct form and must be accompanied by the necessary fees.

·         The appeal must be supported by a written brief that sets out the grounds for appeal.

 

Filing appeal:

·         The appeal must be filed within the time limit set out in the Code of Civil Procedure.

·         The appeal must be filed with the appellate court that has jurisdiction over the case.

·         The appeal must be filed in the correct form and must be accompanied by the necessary fees.

 

Stay of Proceedings or Execution:

·         An appellate court can grant a stay of proceedings or execution.

·         A stay of proceedings prevents the lower court from continuing with the case.

·         A stay of execution prevents the lower court from enforcing its judgment.

 

Hearing:

·         The appeal will be heard by a panel of judges.

·         The parties to the appeal will have the opportunity to present their arguments to the judges.

·         The judges will consider the arguments of the parties and the evidence in the case.

 

Judgment and decree in appeal:

·         The appellate court will issue a judgment and decree in the appeal.

·         The judgment will state the decision of the appellate court.

·         The decree will set out the orders that the appellate court is making.

 

 

4.1 Powers of appellate courts:

The powers of appellate courts are set out in the Code of Civil Procedure, 1908 (CPC). The CPC gives appellate courts the power to:

·         Affirm the decisions of lower courts. This means that the appellate court agrees with the decision of the lower court and does not change it.

·         Reverse the decisions of lower courts. This means that the appellate court disagrees with the decision of the lower court and changes it.

·         Modify the decisions of lower courts. This means that the appellate court agrees with some of the decision of the lower court but changes other parts of it.

·         Grant or refuse interim relief. This means that the appellate court can order the lower court to stop or delay taking certain actions, such as enforcing a judgment.

The appellate court will decide which of these powers to exercise based on the facts of the case and the arguments of the parties.

 

4.1.1 Appellate courts and interim relief

Appellate courts can grant or refuse interim relief, such as a stay of proceedings or execution. A stay of proceedings prevents the lower court from continuing with the case. A stay of execution prevents the lower court from enforcing its judgment.

The appellate court will decide whether to grant or refuse interim relief based on the facts of the case and the arguments of the parties. The appellate court will consider whether the applicant for interim relief is likely to succeed in the appeal, and whether the grant of interim relief is necessary to protect the applicant's interests.

4.2 Procedure in appeals:

The procedure for filing an appeal is set out in the Code of Civil Procedure, 1908 (CPC). The CPC provides a detailed procedure for filing an appeal, including the time limits for filing an appeal, the form of the appeal, and the fees that must be paid.

The appeal must be filed in the appellate court that has jurisdiction over the case. The appellate court with jurisdiction will depend on the level of court that issued the order being appealed. For example, if the order being appealed was issued by a district court, the appeal would be filed in the High Court.

The appeal must be filed in the correct form. The form of the appeal will vary depending on the appellate court. However, the appeal will typically include the following:

·         A notice of appeal

·         A memorandum of appeal

·         A supporting brief

·         A certified copy of the order being appealed

·         The necessary fees

The notice of appeal must be filed within the time limit set out in the CPC. The time limit for filing an appeal varies depending on the type of order being appealed. For example, the time limit for filing an appeal from an order made by a district court is 30 days.

The memorandum of appeal is a document that sets out the grounds for appeal. The grounds for appeal are the reasons why the appellant is appealing the order. The memorandum of appeal must be filed within the time limit set out in the CPC.

The supporting brief is a document that provides more detailed arguments in support of the grounds for appeal. The supporting brief can be filed at any time after the memorandum of appeal is filed.

The necessary fees must be paid when the appeal is filed. The amount of the fees will vary depending on the appellate court.

If you are considering filing an appeal, it is important to seek legal advice to ensure that the appeal is filed correctly.

 

4.3 Filing Appeal:

The time limit for filing an appeal varies depending on the type of order being appealed. For example, the time limit for filing an appeal from an order made by a district court is 30 days.

The appeal must be filed with the appellate court that has jurisdiction over the case. The appellate court with jurisdiction will depend on the level of court that issued the order being appealed. For example, if the order being appealed was issued by a district court, the appeal would be filed in the High Court.

 

The appeal must be filed in the correct form. The form of the appeal will vary depending on the appellate court. However, the appeal will typically include the following:

·         Notice of appeal: A notice of appeal is a document that informs the other party that an appeal has been filed. The notice of appeal must be filed within the time limit set out in the CPC.

·         Memorandum of appeal: A memorandum of appeal is a document that sets out the grounds for appeal. The grounds for appeal are the reasons why the appellant is appealing the order. The memorandum of appeal must be filed within the time limit set out in the CPC.

·         Supporting brief: A supporting brief is a document that provides more detailed arguments in support of the grounds for appeal. The supporting brief can be filed at any time after the memorandum of appeal is filed.

·         Certified copy of the order being appealed: A certified copy of the order being appealed is a copy of the order that has been stamped and signed by the court that issued the order. The certified copy of the order must be filed with the appeal.

·         Necessary fees: The necessary fees are the fees that must be paid when the appeal is filed. The amount of the fees will vary depending on the appellate court.

 

If the appeal is not filed within the time limit, it will be dismissed. If the appeal is not filed with the correct court, it will also be dismissed. If the appeal is not filed in the correct form, it may be dismissed or the appellant may be given an opportunity to file the appeal in the correct form. If the appeal is not accompanied by the necessary fees, it will be dismissed.

It is important to note that the time limits for filing an appeal are strict and they must be strictly adhered to. If an appeal is not filed within the time limit, it will be dismissed.

 

 

4.4 Stay of Proceedings or Execution:

An appellate court can grant a stay of proceedings or execution. A stay of proceedings prevents the lower court from continuing with the case. A stay of execution prevents the lower court from enforcing its judgment.

An appellate court will only grant a stay of proceedings or execution if it is necessary to protect the interests of the applicant. The appellate court will consider the following factors when deciding whether to grant a stay of proceedings or execution:

·         The likelihood of the applicant succeeding on appeal.

·         The possibility that the applicant will suffer irreparable harm if the stay is not granted.

·         The public interest.

If an appellate court grants a stay of proceedings, the lower court will not be able to continue with the case until the appeal is decided. If an appellate court grants a stay of execution, the lower court will not be able to enforce its judgment until the appeal is decided.

It is important to note that a stay of proceedings or execution is not a guarantee that the applicant will succeed on appeal. The appellate court may still decide to uphold the lower court's decision, even if a stay of proceedings or execution has been granted.

 

4.5 Hearing:

The appeal will be heard by a panel of judges. The number of judges on the panel will vary depending on the appellate court. For example, the High Court typically hears appeals by a panel of three judges.

The parties to the appeal will have the opportunity to present their arguments to the judges. The appellant will present their arguments first, followed by the respondent. The judges will then ask questions of the parties.

The judges will consider the arguments of the parties and the evidence in the case. They will also consider the law that applies to the case. The judges will then decide whether to uphold the lower court's decision, reverse it, or modify it.

The hearing of an appeal is a formal proceeding. The parties to the appeal must be represented by a lawyer. The judges will expect the parties to present their arguments in a clear and concise manner.

 

 

4.6 Judgment and decree in appeal:

The appellate court will issue a judgment and decree in the appeal. The judgment will state the decision of the appellate court. The decree will set out the orders that the appellate court is making.

The judgment of the appellate court can be either an affirmance, a reversal, or a modification.

·         Affirmance: An affirmance means that the appellate court agrees with the lower court's decision.

·         Reversal: A reversal means that the appellate court disagrees with the lower court's decision and orders the lower court to enter a new judgment.

·         Modification: A modification means that the appellate court agrees with part of the lower court's decision but disagrees with another part. The appellate court will then order the lower court to enter a new judgment that reflects the appellate court's decision.

The decree of the appellate court will set out the orders that the appellate court is making. These orders can include:

·         An order granting or denying the relief that was sought by the appellant.

·         An order awarding costs to one or both of the parties.

·         An order staying or dismissing the appeal.

The judgment and decree of the appellate court is final and binding on the parties. The parties cannot appeal the judgment or decree of the appellate court.

If you are not satisfied with the judgment or decree of the appellate court, you may be able to file a petition for writ of certiorari with the Supreme Court. The Supreme Court will only grant a writ of certiorari if it considers the case to be of sufficient importance. 

5. Reference, Review and Revision

Reference, review, and revision are three important concepts in the legal field. They are used to ensure that legal documents are accurate and up-to-date.

·         Reference: A reference is a source of information that can be used to verify the accuracy of a legal document. References can include statutes, case law, regulations, and treatises.

·         Review: A review is a process of checking a legal document for accuracy and completeness. The review process should identify any errors or omissions in the document.

·         Revision: A revision is a process of correcting errors or omissions in a legal document. The revision process should also ensure that the document is up-to-date with the latest changes in the law.

 

 

5.1 Reference:

A reference is a source of information that can be used to verify the accuracy of a legal document. References can include:

·         Statutes: Statutes are laws passed by legislatures. They are the primary source of law in most countries.

·         Case law: Case law is the law as interpreted by judges in court cases. It is created when judges make decisions about the meaning of statutes and how they should be applied.

·         Regulations: Regulations are rules issued by government agencies. They are often used to implement statutes or to provide more detailed guidance on how statutes should be interpreted and applied.

·         Treatises: Treatises are books or articles that provide comprehensive analysis of legal topics. They are often written by experts in the field and can be a valuable source of information for lawyers and other legal professionals.

 

When referencing a legal document, it is important to use reliable and up-to-date sources. Statutes and regulations should be referenced to the most recent version. Case law should be referenced to the most recent decision of the highest court that has ruled on the issue. Treatises should be referenced to the most recent edition.

It is also important to be consistent in the way that references are cited. There are many different citation styles, such as the Bluebook and the Harvard Law Review Style Manual. It is important to choose a citation style and to use it consistently throughout the document.

By using reliable and up-to-date sources and by being consistent in the way that references are cited, lawyers can help to ensure that their legal documents are accurate and credible.

 

5.2 Review:

A review is a process of checking a legal document for accuracy and completeness. The review process should identify any errors or omissions in the document.

The review process should be thorough and meticulous. It should include the following steps:

·         Reading the document carefully and thoughtfully.

·         Checking the accuracy of the facts and the law.

·         Identifying any gaps or inconsistencies in the document.

·         Making sure that the document is complete and that it addresses all of the relevant issues.

The review process should be conducted by someone who is familiar with the law and the specific legal issue at hand. It is often helpful to have two or more people review the document, as this can help to catch errors that may have been missed by one person.

If any errors or omissions are found during the review process, they should be corrected immediately. The document should then be revised to ensure that it is accurate and complete.

By following these steps, lawyers can help to ensure that their legal documents are accurate and complete. This can help to protect their clients' rights and avoid costly mistakes.

 

5.3 Revision:

            A revision is a process of correcting errors or omissions in a legal document. The revision process should also ensure that the document is up-to-date with the latest changes in the law.

The revision process should be careful and accurate. It should include the following steps:

·         Identifying the errors or omissions in the document.

·         Correcting the errors or omissions.

·         Making sure that the document is up-to-date with the latest changes in the law.

The revision process should be conducted by someone who is familiar with the law and the specific legal issue at hand. It is often helpful to have two or more people revise the document, as this can help to catch errors that may have been missed by one person.

By following these steps, lawyers can help to ensure that their legal documents are accurate and up-to-date. This can help to protect their clients' rights and avoid costly mistakes.

6. Recognition of Foreign Judgments

A foreign judgment is a judgment that is rendered by a court in a foreign country. The recognition of foreign judgments is the process by which a court in one country gives effect to a judgment that was rendered by a court in another country.

The recognition of foreign judgments is important because it allows for the enforcement of legal rights and obligations across borders. It also helps to ensure that the same legal principles are applied to similar cases, regardless of where they are heard.

The recognition of foreign judgments is governed by the law of the country where the judgment is being sought to be enforced. In India, the law governing the recognition of foreign judgments is the Code of Civil Procedure, 1908 (CPC).

The CPC provides that a foreign judgment will be recognized in India if it meets certain requirements. These requirements include:

·         The judgment must be final and conclusive.

·         The judgment must be rendered by a court of competent jurisdiction.

·         The judgment must be in a matter that the Indian courts would have jurisdiction over.

·         The judgment must not be contrary to the public policy of India.

If a foreign judgment meets these requirements, it will be recognized in India and can be enforced by the Indian courts.