Describe the appellate jurisdiction of the …
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Yogita Ingle 4 years ago
Appellate Jurisdiction: The appellate jurisdiction of the Supreme Court are of three types: Constitutional, Criminal and Civil.
(a) Constitutional Appeals: A constitutional appeal means an appeal to the Supreme Court against the decision of a High Court for interpretation of the constitution in any case. Such an appeal can be brought to Supreme Court if the High Court certifies that interpretation of the constitution is required in that case or secondary if the Supreme Court grant a special leave of appeal.
(b) Appeal in Civil Cases: As regards the appeals in civil cases, the 30th amendment, 1972 has brought about significant changes. Prior to the 30th amendment appeal to the Supreme Court in civil proceedings against a judgement, decree or final order of a High Court required that the amount or value of subject-matter of the dispute was not less than Rs. 20,000. The 30th amendment sought to do away with the monetary limits for invoking the appellate jurisdiction of the Supreme Court.
(c) Criminal Appeals: The following criminal cases can be brought to Supreme Court as appeal.
(i) If a criminal is acquitted by a lower court and he is sentenced to death by High Court.
(ii) If a High Court awards death sentence in case which it had taken from a lower court undecided.
(iii) If the High Court certifies that the case is a fit to be taken to the Supreme Court as an appeal.
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