APPEALABLE ORDERS AND JUDGMENTS

APPEALABLE ORDERS AND JUDGMENTS

• Ä  What orders and judgments are appealable? When appeal directly lies before High Court against an order of magistrate?

INTRODUCTION

MEANING OF APPEAL

“An appeal means removal of a cause from inferior to superior court for the purpose of testing soundness of decision of an inferior court.”

RELEVANT PROVISIONS

Section 404, 405, 406, 407, 408, 410, 411-A, are the relevant provision regarding the concerned topic.

APPEAL AGAINST ORDERS AND JUDGMENTS UNDER SECTION 404

I-                    GENERAL RULE

II-                  EXCEPTION

APPEAL FROM ORDERS

An appeal may lie from the following orders.

I-                    APPEAL FROM ORDER REJECTING APPLICATION FOR RESTORATION OF ATTACHED PROPERTY UNDER SECTION 405

 

Ø  Forum Of Appeal

II-                  ORDER REQUIRING SECURITY TO KEEP PEACE OR FOR GOOD BEHAVIOUR

Ø  Forum Of Appeal

III-                ORDER REFUSING TO ACCEPT OR REJECTING A SURETY

Ø  Forum Of Appeal

IV-               ORDER TO PAY COMPENSATION UNDER SECTION 250

V-                 ORDER OF FORFEITURE OF BOND

VI-               ORDER FOR DISPOSAL OF PROPERTY

VII-             ORDER TO PAY TO AN INNOCENT PURCHASER OF STOLEN PROPERTY

VIII-           ORDER FOR DISPOSAL OF PROPERTY WHEN NO ONE ESTABLISHES HIS CLAIM

IX-               ORDER TO RELEASE THE CONVICT ON PROBATION OF GOOD CONDUCT

APPEAL FROM JUDGMENT

I-                    PERSON CONVICTED IN TRIAL BY 2^ND OR 3^RD CLASS MAGISTRATE

II-                  APPEAL FROM SENTENCE OF ASSISTANT SESSION JUDGE OR JUDICIAL MAGISTRATE

III-                APPEAL FROM COURT OF SESSION UNDER SECTION 410

IV-               APPEAL FROM SENTENCE OF HIGH COURT

Ø  Exception

CONCLUSION