Hon’ble Supreme Court of India observed as under
" The right of appeal is the creature of a statute. Without a statutory provision creating such a right the person aggrieved is not entitled to file an appeal. We fail to understand as to why the legislature while granting the right of appeal cannot impose conditions for the exercise of such right. In the absence of any special reasons there appears to be no legal or Constitutional impediment to the imposition of such conditions. It is permissible, for example, to prescribe a condition in criminal cases that unless a convicted person is released on bail, he must surrender to custody before his appeal against the sentence of imprisonment would be entertained. Likewise, it is permissible to enact a law that no appeal shall lie against an order relating to an assessment of tax unless the tax had been paid."It is a site to share short notes on law for judicial exam in india. you can comment on any post, ask for judgment on any topic and free to ask any question related to judicial exam.
Showing posts with label right of appeal. Show all posts
Showing posts with label right of appeal. Show all posts
May 17, 2011
Apr 20, 2011
Maria Cristina De Souza Sadder Vs Amria Zurana Pereira Pinto (1979) 1 SCC 92
Hon’ble Supreme Court of India observed as under
“…It is no doubt well-settled that the right of appeal is a substantive right and it gets vested in a litigant no sooner the lis is commenced in the Court of the first instance, and such right or any remedy in respect thereof will not be affected by any repeal of the enactment conferring such right unless the repealing enactment either expressly or by necessary implication takes away such right or remedy in respect thereof."
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