ES अपील कौन कर सकता है? किन अवस्थाओं में अपील नहीं की जा सकती है?

 Who May Appeal?

An appeal is a legal right provided to a person who is dissatisfied with the judgment of a lower court. The following parties may file an appeal:

1. Aggrieved Party (Plaintiff or Defendant)

   • Any party to a suit who is affected by the lower court’s decision and has a legitimate grievance.

2. Legal Representatives

   • If the original party has passed away, their legal heirs or representatives may appeal on their behalf.

3. Third Parties (in Special Cases)

   • A third party not originally part of the case can appeal if their legal rights are directly affected by the judgment.

4. Public Prosecutor (in Criminal Cases)

   • In criminal cases, the state (through the public prosecutor) can appeal against an acquittal, insufficient sentencing, or legal errors.

5. Government Authorities

   • Government bodies can appeal in cases involving tax disputes, land acquisition, or administrative decisions.

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Circumstances Under Which an Appeal Can Be Made

An appeal is not automatic; it must meet certain legal conditions. The circumstances under which an appeal can be made include:

1. Appeal as a Matter of Right

• Some cases allow automatic appeal if provided by statute.
• Example: In criminal cases, an appeal against a death sentence is automatically granted.

2. Substantial Question of Law

• In cases where a serious question of law is involved, an appeal can be filed.
• Example: A constitutional interpretation dispute or a case affecting fundamental rights.

3. Errors in Judgment

• If the lower court made an error in law or fact, the affected party can appeal.
• Example: Wrong application of legal principles or misinterpretation of evidence.

4. Violation of Natural Justice

• If the judgment was passed without giving one party a fair chance to be heard, an appeal can be made.
• Example: A decision made without proper notice or opportunity to present evidence.

5. Disproportionate Sentence (Criminal Cases)

• In criminal cases, an appeal can be made if the sentence is:
  • Too severe (by the convict).
  • Too lenient (by the prosecution or state).

6. Jurisdictional Errors

• If the lower court acted beyond its jurisdiction, its decision can be challenged in appeal.
• Example: A district court deciding a case that should be heard by a High Court.

7. Procedural Irregularities

• If the lower court violated procedural laws, an appeal can be filed.
• Example: Not following proper trial procedures or admitting inadmissible evidence.

8. New Evidence Discovered

• If crucial new evidence that was not available during the trial is found, an appeal can be made to reconsider the case.
• However, the new evidence must be material and relevant to the case.

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Conclusion

• Any aggrieved party (plaintiff, defendant, legal heir, prosecutor, or third party in special cases) can appeal.
• Appeals can be made in civil, criminal, and constitutional cases under specific circumstances.
• An appeal must be based on legal grounds, not just dissatisfaction with the judgment.

This ensures fairness in justice by allowing higher courts to correct errors, jurisdictional issues, or procedural defects in lower court decisions.