Appeal is a legal remedy where a person who is dissatisfied with the judgment or order of a lower court/authority approaches a higher court/authority to review, modify, or overturn the decision.
It is not a re-trial of the case, but a review of the correctness of the decision (facts or law).
Key Features of Legal Appeal
- Right to Appeal → Not automatic; it must be specifically provided by law/statute.
- Hierarchy of Courts → Appeals move from lower courts to higher courts (e.g., District Court → High Court → Supreme Court).
- Grounds for Appeal → Error in law, misinterpretation of evidence, violation of natural justice, or jurisdictional error.
- Limitation Period → Appeals must be filed within a prescribed time (e.g., 30, 60, or 90 days depending on the law).
- Appellate Court Powers:
- Confirm the lower court decision
- Modify the decision
- Reverse (set aside) the decision
- Remand case back to lower court
Appeal Process (General Steps)
- Drafting Appeal → Mentioning grounds of appeal clearly.
- Filing Appeal → In appropriate appellate court within limitation period.
- Notice to Respondent → Opposite party gets notice to respond.
- Hearing → Both parties present arguments before appellate court.
- Decision → Appellate court passes final order (uphold, modify, or reverse)