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Report No. 79

Chapter 18

Appeals To Courts Subordinate to The High Court

I. Civil and Criminal Appeals in Subordinate Courts

18.1. Civil appeals in subordinate courts.-

First appeals in the courts subordinate to the High Court constitute an important stage of litigation in quite a large number of cases. In order to cut short the chequered course of litigation, one of the major steps which will have to be taken would be to reduce the time consumed for the disposal of appeals in the courts subordinate to the High Court. The chart given on page No. 79.98* indicates the number of appeals pending at the district level in the various States in the country in 1978.

*. The page no. has been changed so as to indicate correctly the position of the chart in this publication.

18.2. Criminal appeals to subordinate courts.-

The chart given on page No. 79.98* also indicates the number of criminal appeals and revisions pending in the Sessions Courts in the various States during the year 1978.

*. The page no. has been changed so as to indicate correctly the position of the chart in this publication.

18.3. Forum of civil appeals and criminal appeals.-

So far as civil appeals from decrees passed by the trial courts are concerned, they lie to the High Court or the District Judge or the Subordinate Judge, by whatever name he is described in the State, depending upon the valuation of the suit as provided in the Civil Court Act in force in that particular State. Criminal appeals lie to the Court specified in the Code of Criminal Procedure.

Any person convicted on a trial held by a sessions judge or an additional session judge can appeal to the High Court. Any person convicted on a trial held by any other court in which a sentence of imprisonment for more than 7 years has been passed can appeal to the High Court.

Any person convicted on a trial held by an Assistant Session Judge or a Metropolitan Magistrate or a Magistrate of the first or the second class may appeal to the court of session.1 There are certain limitations as to appeals in petty cases.2

Appeals against a sentence on the ground of its inadequacy and appeals against acquittals lie to the High Court, subject to certain conditions3.

1. Section 374, Cr. P.C., 1973.

2. Section 376, Cr. P.C., 1973.

3. Sections 377 and 378, Cr. P.C., 1973.



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