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Report No. 77

What are your views in the matter?

Q. 16. Scrutiny of papers without oral argument.-

In regard to the appeals, there is a difference between the practice in England and Commonwealth countries on the one hand and the United States on the other hand. One study has described the position in these terms1:-

"Both in England and in the United States, appellate dockets are to some degree within the control of the judges. In other words, while some appeals can be taken as a matter of right, others can be taken only by permission.

In the United States, leave to appeal ordinarily can be granted only by the Court to which the appeal is taken. Thus only the United States Supreme Court is empowered to grant certiorari to review the decisions of State Supreme Courts or Federal Courts of Appeals.

A difference exists between the two countries as to the form in which applications for leave to appeal are made. In the United States applications are made in writing and decided by the court on the papers alone, without hearing oral arguments."

How far do you regard such a procedure as suitable for adoption, with or without modification, in the High Courts in India in regard to admission of appeals?

1. Delmar Karlen Appeals in England and the United States, (1962) 78 LQR 371, 377, 378.

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