When does an appeal lie in a civil proceeding?
When does an appeal lie in a civil proceeding?
Under Article 133, an appeal shall lie in a civil proceeding if the High Court certifies under Article 134A that the case involves a substantial question of law of general importance and in the opinion of the High Court the said question needs to be decided by the Supreme Court.
How are exceptional circumstances determined in the Court of Appeal?
The case reaffirms how exceptional ‘exceptional circumstances’ must be before a statutory time limit can be read down. While the decision at first instance may have appeared marginally to lower the bar, the Court of Appeal has reaffirmed that the court can go no further than is absolutely necessary to protect the statutory right of appeal.
When is a Court of Appeal decision an error of law?
The Court of Appeal disagreed. It held that, if a Country Guidance case was issued before promulgation of an FTT decision, the FTT was required to take it into account. Any failure to do so would amount to an error of law, whether or not the Country Guidance case had been drawn to the FTT’s attention.
How often are Court of Appeals decisions decided?
For these teen-relevant issues, the U.S. Courts of Appeals’ decisions were the last word. Of the approximately 7,000 cases that are appealed to the Supreme Court of the United States every year, about 100 are decided by the highest court in the land.
What happens after the Court of Appeals decision?
The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. In some cases the decision may be reviewed en banc, that is, by a larger group of judges…
The case reaffirms how exceptional ‘exceptional circumstances’ must be before a statutory time limit can be read down. While the decision at first instance may have appeared marginally to lower the bar, the Court of Appeal has reaffirmed that the court can go no further than is absolutely necessary to protect the statutory right of appeal.
What kind of cases can the government appeal?
1 Civil Case. Either side may appeal the verdict. 2 Criminal Case. The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. 3 Bankruptcy Case. An appeal of a ruling by a bankruptcy judge may be taken to the district court. 4 Other Types of Appeals.
What are the different types of court appeals?
The Process 1 Civil Case. Either side may appeal the verdict. 2 Criminal Case. The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. 3 Bankruptcy Case. An appeal of a ruling by a bankruptcy judge may be taken to the district court. 4 Other Types of Appeals.