Appeal from the decisions of the District Court in the Civil or Criminal Matter lie to the High Court

Updated on August 25, 2025 02:57:02 PM

As per the hierarchy system of the Courts, the trial courts are subordinate to the High Court to administer the civil and criminal cases. The Code of Criminal Procedure regulates the civil court whereas the Criminal Procedure Code governs the Criminal Court.

Table of Content

Types of Jurisdiction
Appeal Process
Appeals in Civil Matters
Appeals in Criminal Matters
Conclusion
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Types of Jurisdiction

There are mainly three types of jurisdiction by which the matters are entertained by the civil or criminal court. These are as follows:

Territorial Jurisdiction
Pecuniary Jurisdiction
Jurisdiction with respect to the subject matter of the case

Any person who is aggrieved by the decision of the court can challenge the decision before the higher court for appeal.

Appeal Process

Appeal is considered to be a process by which the judgment or the order of the subordinate court is challenged before the high court. This can be filed by any person who is a party to the dispute and in case of the death of the person, the legal heirs or the representative files the same before the high court or can continue to maintain such an appeal.

The person who files the appeal or continues to maintain the appeal on behalf of the deceased person is known as appellant. The court which hears such an appeal is termed as appellate court. The law has not given any inherent right to challenge the order of the subordinate court. The appeal can only be filed if it is specifically allowed by the law in the specific manner as mentioned by the Specific Courts.

Appeals in Civil Matters

Appeals from Original Decree: Any judgment/order or decree passed by the district judge or the additional district judge can be challenged before the High Court.

Second Appeal: The decree or the judgment passed by the appellate civil court is considered to be the first appeal and if such judgment or the decree is challenged before the high court then in that case the appeal is considered to be the second appeal. In a case where a substantial question of law is involved, then the second appeal can be filed against an ex-parte decision of the appellate court.

Grounds of Appeal: The decree or judgment passed by the court can be challenged on the following bases
1. The facts of the case and the legal interpretation of the legal provisions
2. Objection with respect to the territorial and pecuniary competency of the court passing the judgment and the decree.
3. Failure of justice relating to the incompetency of the court.
4. When parties to the dispute have not joined in the original suit.
5. Challenge to the interpretation of law applied by the subordinate court.
6. Defect or error or irregularity in the legal proceedings of the case.
7. A substantial question of law affecting the rights of the parties.

No Appeal:
1. With the consent of the parties, no appeal can be filed against the judgment/decree passed by the Court.
2. Where the value of the subject matter is less than Rs. 3000/- , appeal can only be filed if a question of law arises.
3. No second appeal is allowed against a decree passed by a single judge of the High Court.

Procedure:
1. The appeal is filed in the form of a memorandum signed by the party to the case or his advocate.
2. The memorandum must contain grounds of objection and certain annexures comprising a copy of the decree or judgment.
3. The appellant is required to submit the amount in dispute in case of appeal against a monetary decree.
4. The appellate court may require the appellant to furnish security for the cost of the appeal.

Stay : Filing an appeal does not automatically stay proceedings. However, in some cases, the appellate court can order a stay of execution of the decree if sufficient reason exists.

Limitation:
- 90 days from the date of the decree or order to file an appeal before the High Court.
- 30 days if the appeal is filed before the same High Court that passed the decree.
- 30 days for seeking review of a judgment.
- 90 days for invoking the jurisdiction of the High Court.

Court Fee: The court fee for a civil appeal is payable as prescribed by the schedule.

Appeals in Criminal Matters

Appeal by the Convicted Person: Any person who is convicted for an offence punishable with imprisonment of seven years or more on a trial held by a session judge or another court may appeal to the High Court.
An appeal cannot be filed in the following cases
1. If the punishment for the crime is three months or less in jail or a fine of Rs. 200/- or less.
2. If the fine is Rs. 100 or less, given by a magistrate of the first class, or Rs. 200 or less in a quick (summary) trial.
3. If the accused confesses to the crime and is convicted—except when appealing against the length or legality of the sentence
Appeal by the State
- The state government can appeal to the high court for enhancement of the sentence if it is inadequate.
- The accused has the right to challenge the enhancement.
- The state can appeal against an order of acquittal passed by the lower court, but only if the High Court grants leave.
Appeal by Complainant
1. The complainant can appeal against an order of acquittal but must seek leave to appeal within 60 days.
2. If the High Court refuses the application, the state cannot file an appeal.
Procedure
1. The appeal is presented in written form by the convicted person, accused, or their advocate.
2. If the convict is in jail, jail authorities may file the appeal on his behalf.
3. The appeal must contain clear grounds and may be dismissed without a detailed hearing if no sufficient grounds exist.
4. Appeals through jail authorities must still be heard unless they are frivolous.
5. If an appeal is dismissed summarily, reasons must be recorded.
Bail Pending Appeal An appeal cannot be filed in these situations:
1. If the punishment is 3 months or less or the fine is Rs. 200 or less.
2. If the fine is Rs. 100 or less in a summary trial.
3. If the accused admits guilt, except when questioning the legality or length of the sentence.
Limitation Period
- 30 days for appeals against a death sentence.
- 90 days for appeals against an acquittal order.
- 90 days if seeking special leave to appeal.
Court Fee
1. No court fee for appeals filed by convicted persons through jail authorities.
2. Otherwise, court fees are applicable as per the Act.

Conclusion

The appeal process in the High Court ensures that individuals have the right to challenge unfair or incorrect decisions made by lower courts. While civil and criminal appeals follow specific procedures, not all cases are eligible for appeal, especially minor offenses or cases with the consent of parties. Understanding the grounds, limitations, and procedures for filing an appeal is essential to seeking justice. The appellate system plays a crucial role in upholding legal fairness, ensuring that errors in judgment can be reviewed and corrected when necessary.

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