Petitioning - Law Dictionary Search Results
Home Dictionary Name: petitioningCriminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
Appeal, Court of (U.K.)
Appeal, Court of (U.K.), this Court, which was constituted under the Judicature Act, 1873, the Appellate Jurisdiction Act, 1876, and the Judicature Act,1881, has, by Judicature (Consolidation) Act, 1925, s. 26, vested in it the appellate jurisdiction and powers of the Lord Chancellor and of the Court of Appeal in Chancery, and of the same Court as the Court of Appeal in Bankruptcy and from the County Palatine of Lancaster; of the Exchequer Chamber; and of the Judicial Committee of the Privy Council in appeals in Admiralty causes other than in the Prize Court, or in matters of lunacy. The Court (which usually sits in two divisions) consists of (ex officio) the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, and five Lords Justices.The Judges may not sit on appeal from judgments to which they themselves were parties.A puisne judge is occasionally summoned to sit as an additional judge (s. 7).An appeal to this Court lies as of right from any order or judgment ...
Appeal and memorandum of appeal
Appeal and memorandum of appeal, the word 'appeal' is defined as the judicial examination of the decision by a higher court of the decision of an inferior court. The appeal is the judicial examination; the memorandum of appeal contains the grounds on which the judicial examination is invited, Lakshmiratan Engineering Works v. Assistant Commissioner, AIR 1968 SC 488 (492). (Civil Procedure Code, 1908, O. 41)...
Lords of Appeal in Ordinary
Lords of Appeal in Ordinary, originally two persons having held high judicial office, or practised at the bar for not less than fifteen years, appointed, with a salary of 6,000l. a year, to aid the House of Lords and the Judicial Committee of the Privy Council in the hearing of appeals (App. Jur. Act, 1876, s. 6). On the death or resignation of any two members of the Judicial Committee of the Privy Council the Crown was empowered to appoint a third and fourth Lord of Appeal in Ordinary (ibid., s. 14), and may now appoint two more in addition to the four (App. Jur. Act, 1913, s. 1), and a further one in addition to the six (App. Jur. Act, 1929, s. 2). Any Lord of Appeal in Ordinary who at the date of his appointment would have been qualified to the appointed an ordinary judge of the Court of Appeal, or at that date was a judge of that Court, is an ex-officio judge of the Court of Appeal (Jud. Act, 1925, s. 6 (2)). Lords of Appeal in Ordinary rank as barons for life and sit and vote in t...
Suit and appeal
Suit and appeal, the only difference between a suit an appeal is this that an appeal 'only reviews and corrects the proceedings in a cause already constituted but does not create the cause'. As it is intended to interfere in the cause by its means, it is a part of it, and in connection with some matters and some statutes it is said that an appeal is a continuation of a suit, Doya Wati v. Inderjit, AIR 1966 SC 1423 (1427): (1966) 3 SCR 275.The only difference between a suit an appeal is this that an appeal 'only reviews and corrects the proceedings in a cause already constituted but does not create the cause, Deyawati v. Inderjit, AIR 1966 SC 1423 (1427). [Usurious Loans Act, 1913, s. 3 as amended by s. 5 of Punjab Relief of Indebtedness Act (7 of 1934)]...
appeal
appeal [Old French apel, from apeler to call, accuse, appeal, from Latin appellare] : a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect ;also : a proceeding for the review of an agency decision at a higher level within the agency or in a court see also affirm compare certiorari, new trial, rehearing NOTE: The scope of an appeal is limited. The higher court will review only matters that were objected to or argued in the lower court during the trial. No new evidence can be presented on appeal. ap·peal·abil·i·ty [ə-pē-lə-bi-lə-tē] n ap·peal·able [ə-pē-lə-bəl] adj vt : to take (a lower court's decision) before a higher court for review : undertake an appeal of (a case) vi : to take a lower court's decision to a higher court for review ...
Lords Justices of Appeal
Lords Justices of Appeal, the title of the ordinary judges of the Court of Appeal, by the Jud. Act, 1877, s. 4 (see now Jud. Act, 1925, s. 6 (3)). As to the functions of the Lords Justices sitting as a Court of Appeal from a judge without a jury, see Powell v. Streatham Manor Nursing Home, 1935, AC 243; and from a judge with a jury, Mechanical and General Inventions Co. Ltd. v. Austin Motor Co. Ltd., 1935 AC 346. Prior to the Jud. Acts there were two 'Lords Justices of Appeal, in Chancery,' to whom an appeal lay from a vice-chancellor by 14 & 15 Vict. c. 83....
No appeal shall lie
No appeal shall lie, 'no appeal shall lie' in the proviso to s. 30(1) of The Income-tax Act, 1922 is not that no memorandum of appeal can be presented. All that it means is that the appeal will not be held to be properly filed until the tax has been paid. The tax must be paid within the period of limitation although the appeal had been filed before that, Commissioner of Income-tax v. Filmistan Ltd., AIR 1961 SC 1134 (1135): (1961) 3 SCR 893. [Income Tax Act, 1922, s. 30 (1)] [s. 372, C.P.C.]...
Special Leave to Appeal
Special Leave to Appeal, in England, the judicial committee of the Privy Council possesses the power to grant special leave to appeal, a petition for special leave lies where the court below lacks the power to grant leave to appeal or possessing that power has declined to exercise that power, in criminal cases, leave is granted only when some substantial or gross injustice has been done; in civil cases, on a question of general interest or public importance, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305.Is exercisable outside the purview of the ordinary law relating to appeal and in cases where needs of justice demand interference by the highest court of the land; to be exercised only under exceptional circumstances, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305.The Supreme Court of India possesses the power to grant special leave to appeal from any judgment, decree, determination, sentence or order in any caus...
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