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Home Dictionary Name: review Page: 2Special 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...
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.]...
Every other appeal
Every other appeal, by 'every other appeal' is meant an appeal other than one against an order of acquittal, that is to say, an appeal against an order of conviction, Harnam Singh v. State of Uttar Pradesh, AIR 1975 SC 236 (238): (1975) 3 SCC 343. (Criminal Procedure Code, 1898, s. 431)...
Review, Bill of
Review, Bill of, was in the nature of proceedings in error, and its object was to procure an examination and alteration or reversal of a final decree in Chancery duly signed and enrolled.The objects of this proceeding may now be attained by an appeal to the Court of Appeal. See APPEAL....
Right of suit and right of appeal
Right of suit and right of appeal, there is an inherent right in every person to bring a suit of a civil nature and unless the suit is barred by statute one may, at one's peril, bring a suit of one's choice. It is no answer to a suit, howsoever frivolous to claim, that the law confers no such right to sue. A suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. But the position in regard to appeals is quite the opposite. The right of appeal inheres in no one and therefore an appeal for its maintainability must have the clear authority of law. That explains why the right of appeal is described as a creature of statute, Ganga Bai v. Vijay Kumar, AIR 1974 SC 1126: (1974) 2 SCC 393: (1974) 3 SCR 882....
While disposing of the appeal
While disposing of the appeal, reference or revision, the change in phrasology clearly suggests that Parliament did not intend to prescribe any limitation on the powers of the appellate Court or revisional Court; the words are not 'when convicting' or 'when upholding the conviction' but the words are while disposing of the appeal, reference or revision' and these would mean in continuation of the disposal of the appeal, reference or revision and these words cannot be regarded as importing a limitation on the power to the effect that such order must be incorporated in the body of the judgment disposing of the appeal, reference or revision, H.P. Gupta v. Manohar Lal, AIR 1979 SC 443: (1979) 2 SCC 486: (1979) 2 SCR 208. [Criminal Procedure Code, 1973, s. 456(2)]...
Memorandum of appeal
Memorandum of appeal, the memorandum of appeal contains the grounds on which the judicial examination is invited. For purposes of limitation and for purposes of the rules of the Court it is required that a written memorandum of appeal shall be filed, Laxmiratan Engg. Works Ltd. v. CST, AIR 1968 SC 488 (492): (1968) 1 SCR 505. (Civil PC, 1908, Order 41)...
Where there has been a review
Where there has been a review, the words 'where there has been a review' in clause 2 of Article 182 must be read with the words 'for the execution of a decree or order' in the 1st column of Article and the fact that there was an appeal from the order dismissing the application under Order IX, rule 9 made in connection with the proceedings under s. 36 of the Money Lenders Act could not give a fresh starting point for limitation under Article 182, clause 2, Bhawanipore Banking Corporation Ltd. v. Gouri Shankar Sharma, AIR 1950 SC 6: (1950) SCR 25. (Limitation Act, 1908, Art. 182)...
Right to appeal
Right to appeal, the right of appeal is the creature of a statute. Without a statutory provision creating such a right the person aggrieved is not entitled to file an appeal, Anant Mills Co. Ltd. v. State of Gujarat, AIR 1975 SC 1234: (1975) 2 SCC 175: (1975) 3 SCR 220....
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