It is a common practice in the Dacca High Court, based on the practice of the Calcutta High Court while section 205 of the Government of India Act 1935, was in force, for a single Judge or a Division Bench, different from the ‘Appellate Court’, to grant a certificate in cases where a substantial question relating to the interpretation of the Constitution is raised and decided.
Category: Civil Appeal
List of statutory names of Acts of US Congress
1950 Amendment to Public Law 38 Aug. 5, 1950, ch. 592,64 Stat. 414 1951 Amendments to the Universal Military Training and Service Act June 19, 1951, ch. 144, title I,65 Stat. 75 Short title, see 50 U.S.C. 3801 1955 Amendments…
Guidelines for appellate court as to how to proceed and decide an appeal
The appellate Court has jurisdiction to reverse or affirm the findings of the trial Court. The first appeal is a valuable right of the parties and unless restricted by law, the whole case therein is open for re-hearing both on questions of fact and law.
Specimen of substantial questions of law for the Second appeal
(1) Whether the trial court can pass a decree for declaration that the judgment and decree passed in Title Suit No. 138 of 1998 is null and void having passed against some of the co-sharers, who admittedly died prior to the preliminary decree? (2)…
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How to file Second Appeal before Calcutta High Court
Substantial question of law While entertaining the second appeal it is to be kept in mind that the first appellate Court is the final Court of fact findings and pure findings of fact remain immune from challenge before the High…
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Equity Appeal
In common law cases the appellate court could ordinarily review only rulings of law. In equity cases, on the other hand, the appellate court could review findings of fact as well as conclusions of law. The significant thing about common law pleadings in…
Definition of appeal
The word 'appeal' is not defined even in the CPC and in ordinary parlance would mean "call to higher tribunal for deliverance from decisions of the lower". In Chappan v. Moidin Kutti 1899 22 Mad 68[(1899) ILR 22 Mad 68…
Appeals from certain Orders under Civil Code
SECTION 104 to 106: ORDERS FROM WHICH APPEAL LIES (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force,…
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