If you’re looking for appeal lawyers in Ahmedabad, look no further than Bhatt & Joshi Associates, the top law firm in Gujarat, Ahmedabad. Our team of skilled and experienced lawyers specializes in civil and criminal appeals before the Gujarat High Court and the Supreme Court of India. With strong logistics, analytical, and persuasive abilities adept at pleadings, drafting of Suits, Agreements, Contracts, and vetting of Documents, our appeal lawyers provide litigation support to clients in all types of cases.
Understanding Appeals in India
At the conclusion of a proceeding in a lower court, a party may wish to get the decision reviewed by a higher court, such as the District Court, High Court or Supreme Court, depending upon the Legislative Scheme. An appeal is not a new trial, a hearing with witnesses or a jury, a chance to present new evidence or new witnesses to a new judge, except in exceptional circumstances, or a way to avoid complying with the trial court’s order. An appeal can result in one of the following outcomes: affirm the decision, modify the ruling in some way, consider new facts or evidence, or in extremely rare cases, throw out the case entirely.
Appeal Lawyers at Bhatt & Joshi Associates
Our firm has expertise in both civil and criminal appeals, with dedicated teams of lawyers handling each type of case.
Our Civil Appeal Lawyers have in-depth knowledge of all Substantive Laws such as Contract Law, Specific Relief Act, Land Revenue Act, and Civil procedures, as well as knowledge of Statutory Interpretation. They are adept at handling cases related to money recovery, recovery disputes, suits related to children, wards, guardianships, estate, property, custody, execution, claims, partitions, and others.
Our Criminal Appeal Lawyers are among the topmost experienced, handpicked & the best ones in Ahmedabad for practical Legal Advice and assistance. We offer a wide range of legal services in the area of White Collar and Blue Collar Crimes to both corporates and individuals.
Appeals before the High Court
Appeals arising out of Civil matters are Civil Appeals and are governed by the Code of Civil Procedure. The High Court may also frame rules and procedures for conducting these Appeals. It can be filed against an Order or Judgment. For Criminal Matters, an appeal can be filed against a Session Judge’s decision before the High Court of Gujarat. Also to note that any type of capital punishment cannot be executed unless it is confirmed by the High Court.
Our Appeal Lawyers excel at undertaking such tasks as well:
Civil Appeal, Revision Application and Writ Petition
- First Appeal: Under the Code of Civil Procedure (CPC), a First Appeal lies to the higher court against a decree passed by a lower court. Section 96 of the CPC provides for filing a First Appeal, which can be filed against any decree passed by a court after a trial on merits.
- Second Appeal: A Second Appeal lies to the High Court against the decree passed by the lower court in certain circumstances, as per Section 100 of the CPC. A Second Appeal can be filed when the lower court has passed an erroneous decision on a substantial question of law, which is a matter of public importance
- Appeal from Order: An Appeal from Order lies to the higher court against an interlocutory order passed by a lower court. Section 104 of the CPC provides for filing an Appeal from Order, which can be filed against any order, apart from a decree, passed by a court during the trial of a suit.
- Civil Revision Application: Under Section 115 of the CPC, a Civil Revision Application can be filed before the High Court against any order passed by a subordinate court, which involves a jurisdictional error or a material irregularity. The scope of a Civil Revision Application is limited to correcting jurisdictional errors and material irregularities and does not extend to errors of fact or law.
- Writ Petition: Under Articles 226 and 227 of the Constitution of India, the High Court can entertain a Writ Petition against the orders passed by any authority, including a court, within its territorial jurisdiction. A Writ Petition can be filed for enforcing fundamental rights or for any other purpose, as per the discretion of the court. There is can lie an appeal from a Writ Petition under Article 226 of the Constitution but there lies no appeal in a Supervisory Powers exercised by the High Court under Article 227 of the constitution of India, also note that a Review Petition can be filed against the order passed by the High Court. Also to note that, an appeal lies against the decision of a High Court in a writ petition before the Supreme Court of India under Article 136 of the Constitution of India, with a Special Leave to Appeal before the Supreme Court of India.
- Letters Patent Appeal: Letters Patent Appeal is a type of intra-court appeal filed before a High Court against the judgment passed by a single judge of that High Court. It is governed by the Letters Patent of that particular High Court. The scope of appeal in a Letters Patent Appeal is broader than a regular appeal, as it allows the appellant to challenge the judgment on both questions of fact and law. However, not all High Courts have provisions for Letters of Patent Appeals.
- Special Leave Petition (SLP): A Special Leave Petition (SLP) is a legal remedy available to a person to appeal against any order or judgment passed by a lower court, tribunal, or high court in India. It is filed before the Supreme Court of India, which has the discretionary power to grant or reject the petition. The grounds for filing an SLP can be a substantial question of law, a violation of fundamental rights, or other important questions of public interest. The Supreme Court may either grant the SLP and hear the appeal, or dismiss it and let the lower court’s judgment stand.
- Criminal Appeal – Criminal Appeal is a procedure for challenging a decision of a criminal court in a higher court. Section 374 of the Criminal Procedure Code (CrPC) provides for the right to appeal against a conviction, sentence, or order of acquittal by the High Court.
- Under the provisions of the Code of Criminal Procedure (CrPC), a victim can file an appeal against an order of the original court under Section 372. This section empowers the victim to file an appeal against an order of acquittal, discharge, conviction, or sentence passed by the trial court, subject to certain conditions. The victim needs to obtain prior permission from the court before filing the appeal, and the appeal needs to be filed within the stipulated time period.
- Criminal Revision Application – Criminal Revision Application is a remedy available to a person aggrieved by an order passed by a lower criminal court, which can be challenged before the High Court. Section 397 of the CrPC provides for the provision of revisional powers of the High Court
- Writ Petition: In cases where an appeal does not lie, a writ petition under Article 226 or 227 of the Constitution of India can be filed before the High Court. The scope of such a writ petition is wider than that of an appeal, and the High Court can issue directions, orders, and writs for the enforcement of fundamental rights or for any other purpose
- Ground of Appeal: The basis of an appeal must be a reversible error in the application of the law. In criminal cases, an appeal can target the conviction itself or just the sentencing portion of the decision without regard to the underlying conviction. An appeal may be filed only after a final judgment/order has been reached by the trial court.
Why Choose Bhatt & Joshi Associates?
- Expertise: Our team of appeal lawyers has extensive experience in handling a wide range of legal appeals, including civil and criminal appeals.
- Personalized Attention: We believe that every case is unique and requires a customized approach. We work closely with our clients to understand their specific needs and objectives and provide personalized attention throughout the entire appeals process.
- Results-Driven: We are committed to achieving the best possible outcome for our clients and have a proven track record of success in appellate court.
- Commitment to Client Satisfaction: At Bhatt & Joshi Associates, we prioritize client satisfaction and are dedicated to ensuring that our clients receive the highest level of service and support.
In conclusion, if you are looking for a team of experienced and dedicated appeal lawyers, look no further than Bhatt & Joshi Associates. Contact us today to schedule a consultation and learn how we can help you with your legal appeal.
“The greatest glory in living lies not in never falling, but in rising every time we fall.” – Nelson Mandela
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