Types of Appeals and Procedures for Filing in India

The nature of the appellate structure in the Indian position affords the parties an opportunity to address the anomalies arising out of judicial decisions through a clear ladder of appellate jurisdictions. Appeals are a component part of this system and work as a tool of judicial review and correction. Following are the topics of discussion of this useful guide: types of appeals, jurisdiction of Courts of Appeal, and procedures for filing appeals in civil and criminal cases.

What is an Appeal? 

An appeal is a procedural device rendered by a litigant to seek the intervention of another superior court in view of a judgement or order prejudicial to the complainant made by a subordinate court. The reason for an appeal is to consider whether the lower court has understood the law and its application or made a mistake. 

Types of Appeals

Civil Appeals

Civil appeals may involve property, contract, tort or any matter involving family issues. The Code of Civil Procedure, 1908 (CPC), governs civil appeals and provides for two types:

• First Appeal (Section 96, CPC): The present appeal is against an original decree passed in a trial court. It comprises the consideration of the facts and the constitution of legal propositions also.

• Second Appeal (Section 100, CPC): This can only be filed on substantial questions of law only. It is not an appeal to rethink the facts but an appeal to legal rules and mistakes in the use of the law.
  
  

Criminal Appeals

Criminal appeals relate to matters of conviction, sentence or order that have been made in a criminal case. These are regulated by Code of Criminal Procedure, 1973 (CrPC).

• First Appeal (Sections 374-376, CrPC): Appeals against judgments or orders regardless of conviction by any trial court. It may pray for consideration of matters of law and fact.

• Second Appeal (Section 378, CrPC): Bringing the case back to court after it has been dismissed in an appeal most often it is brought by the state against an acquittal based on issues of law that may have been improper or jurisdictional.
  
  

Revenue Appeals

These appeals are related with the tax or land revenue matters defined under Income Tax Act, 1961, or some state specific land revenue enactments.

Writ Appeals

Appealed under Article 226 and 227 of the Constitution, writ appeals deal with infringement of rights, Error of jurisdiction, or administrative actions.

Special Leave Petitions (SLPs)

Under Article 136 of the Constitution, there is the authority to challenge any judgement or order of a lower court or tribunal in the Supreme Court under SLP. This is on discretion of the Supreme Court and thus does not fall in the normal appellate process.

Appeals in District Courts

Jurisdiction

First appellate courts of District Courts hear appeals against decisions by subordinate courts dealing with civil and criminal cases.

Civil Appeals

• First Appeal: According to the CPC particularly under Section 96 any party dissatisfied with the judgement of a subordinate court has a right to appeal directly to the District Court and it is this appeal which is labelled a first appeal. This appeal is mixed with issues of law and facts.

• Second Appeal: District Courts in most cases do not allow second appeals; these are normally heard and determined by High Courts under Section 100 of the CPC.
  
  

Criminal Appeals

• First Appeal: Any appeal against conviction by a Magistrate is taken to the District Court under Section 374(3) of the CrPC.

• Second Appeal: These are rare in District Courts and most of the time raise concerns procedural and or jurisdictional issues.
  
  

How to File an Appeal in District Court

• Prepare a memo of appeal that should contain a statement of specific grounds for the appeal.

• Affix self-attested photocopies of the impugned judgement, decree and the evidence.

• In most cases, file the appeal within the limitation period of 30 to 90 days but the limit depends on the individual case.

• Deposit such court fees as may be prescribed under the Court Fees Act of 1870.

• Attend the admission of appeal hearings at the initial stage.
  
  

Appeals in High Courts

Jurisdiction

High Courts exercise Appellate Jurisdiction over District and other subordinate Courts. They also have extraordinary jurisdiction under articles 226 and 227 of the Constitution for violation of fundamental rights where and under jurisdictional errors.

Civil Appeals

• First Appeal: According to the CPC, specifically Section 96, civil first appeals can be brought in the High Court from the District Court if the questions involved are of considerable value or the case is complicated.

• Second Appeal: This has been so according to Section 100 of the CPC, which allows only second appeals on the grounds that they raise substantial questions of law.
  
  

Criminal Appeals

• First Appeal: High courts entertain appeals against convictions by Sessions Courts under Section 374(2) of the CrPC. Such appeals usually also involve the consideration of the facts and legal matters.

• Second Appeal: These are used very sparingly in criminal matters, such appeals usually involve appeals by the state against an acquittal under Section 378 of the CrPC.
  
  

Step by Step Guide on how to file an appeal in High Court

• A memorandum of appeal, specifying the proper legal reasons should be filed.

• Enclose the original lower court judgement and records in certified copies.

• Give the notice to the other side.

• In most cases, it shall be necessary to pay some amount to the court and meet some filing procedures as required by the High Court.

• Attend the procedural hearing for the determination of the leave to appeal.

To file an appeal whether civil or criminal in the High Court requires knowledge of the law. To make it in a right manner one should consult a High Court lawyer. They can help you understand the procedure and filing. 

Appeals in the Supreme Court

Jurisdiction

The Supreme Court of India is the last court of appeals in India and has original jurisdiction relating to constitutional matters, civil and criminal. It also hears Special Leave Petitions under Article 136.

Civil Appeals

In addition, Article 132 and 133 control appeals in cases comprehending substantial questions in the law or interpretation of the Constitution.

The first appeals may, for instance, originate from the High Courts either in matters of general importance in law.

Criminal Appeals

Pursuant to Article 134 of the Constitution the Supreme Court hears criminal appeals where there is a death penalty or where there are any other substantial questions of law.

SLPs under Article 136 permit appeals against all forms of order of a lower court or tribunal.

How to File an Appeal in Supreme Court

• Compared to the former step, this step is more formal: a party has to file an appeal along with a statement of the reasons for this action.

• Enclose photocopies of the High Court judgement, documents in support and affidavits.

• The applicant is to pay prescribed court fees and serve responsive documents on respondents earlier than the tribunal or court directs.

• Participate in pre-trial sessions to determine whether the appeal is to be admitted by the court. 

Filing of appeal in the Supreme Court is different from filing of appeal in other courts. Legal support is necessary to know the accurate procedure to avoid confusion and mistakes. 

Laws Applicable to Appeals

• Code of Civil Procedure, 1908 (CPC): Sections 96, 100 and 104 in relation to civil appeals only.

• Code of Criminal Procedure, 1973 (CrPC): Sections 374 to 379 in relation to criminal appeals.

• Indian Constitution: By constitutional and writ appeal, Articles 32, 132, 133, 134, 136, 226, and 227 apply.

• Limitation Act, 1963: Regulates time periods within which an appeal can be filed.

• Court Fees Act, 1870: Provisions for Court fees of appeals.

• Income tax for taxes and revenue laws like the Income Tax act 1961 and revenue laws according to states and laws governing land issues.
  
  

Conclusion

Appellate justice system guarantees thorough judicial evaluation organised throughout India’s several tiers of courts. It is essential for the litigants who want to fully explore and use legal actions to understand the jurisdiction, the categories of the appeals, and the ways to file them. From the perspectives of procedural standards and legal instruments, it is possible to appeal for justice as well as reverse mistakes made in lower court decisions.

FAQs

How does a first appeal differ from a second appeal?

An appeal is a legal process in which a case is reviewed by a higher tribunal for the purpose of correcting erroneous decisions or orders made by a lower court and a first appeal is one filed against the first judgement or decree of the trial court and a first appeal can do both, factual and legal. 

For civil cases, it operates under Section 96 of the Code of Civil Procedure (CPC) while for criminal cases, it is under Section 374 of the Code of Criminal Procedure (CrPC). Only substantial questions of law can be raised on appeal and the second appeal does not entail reconsideration of facts. It applies to civil situations under Section 100 of the CPC and for state appeals against acquittal under Section 378 of the CrPC.

When does the limitation period apply in various courts?

For civil cases, the limitation period is normally 30 to 90 days depending upon the court and jurisdiction according to the Limitation Act of 1963. In criminal cases, the period is 30 days from the date of judgement but can be extended if the situation requires. Under Section 5 of the Limitation Act, extensions may be allowed if there are good reasons for the delay to start the action.

Is it possible to seek a redress directly on the appellate jurisdiction of the supreme court?

Original jurisdiction within the Supreme Court is permitted only with constitutional issues, or cases of national significance under the Constitution under Articles 132, 133 and 136. Normally the appellant has to recall to lower tiers before the Apex Court, except under Article 136 SLP filing.

Is it possible to appeal an acquittal in a criminal case?

Indeed it is possible to appeal an acquittal. The state government may appeal against an acquittal under Section 378 of the CrPC to the High Court. The complainant shall also file an appeal at motion but the private complainant needs the permission of the High Court.

What are some of the indispensable papers that should be compiled for the filing of an appeal?

Although the memorandum of appeal can be in writing in any form, it should be made with specificity identifying the grounds for appeal. Original and two certified copies of the judgement, decree or order passed by the lower court have to be produced as well as other evidence and documents which were produced before trial. 

Original documents containing affidavits and other procedural forms as may be expected by the appellate court, are also to be annexed: evidence of payment toward the required court fees pursuant to the provisions of the Court Fees Act, 1870.

Filing of appeals before the superior courts can be complex and requires legal assistance. A professional lawyer can help you file an appeal precisely.