Bhatt & Joshi Associates is a law firm located in Ahmedabad, Gujarat. What is so peculiar about us is that we have a set of skilled, experienced, and highly professional Civil lawyers (Legal Experts) in matters related to civil nature. It must be noted that the Appeal can be civil or criminal in nature. The High Court has appellate jurisdiction over both of these cases. To understand the dynamics of both let us dive into it further. There exists a hierarchy of Civil and Criminal Courts in every state which is subordinate to their respective High Courts to administer civil and criminal law disputes. It can hear appeals on civil cases tried by the Courts of Munsifs and District Judges. In context with criminal cases, the jurisdiction extends to cases tried by the Sessions and Additional Sessions Judges. Since the entire crux of the case is filing an appeal. Let us get a keen understanding of what an appeal is and how it is filed. At the conclusion of a proceeding in a lower court, the party might wish to get the decision reviewed by a Higher court i.e. District Court, High Court or Supreme Court, or concerned Tribunal depending upon the Legislative Scheme, in the hope that it might be reversed/changed. It must be noted that 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. It should be also understood that even if the Court of Appeal hears your appeal, it will not necessarily: – Re-hear your case from start to finish – Change the decision because it seems unfair – Change the decision just because the Court of Appeal disagrees with it. (The decision must be incorrect due to a factual or legal error.) Thus the possible outcome of an Appeal could be one of the following outcomes: – Affirm the decision – Modify the ruling in some way – Consider new facts or evidence (seldom) – In extremely rare cases, may throw out the case entirely.
About Our Work
Our firm has competency in varied fields and domains.
1. Civil Appeal Lawyers: Our Civil Appeal Lawyers having in-depth knowledge of all Substantive Laws such as Contract Law, Specific Relief Act, Land Revenue Act, and Civil procedures. Also knowledge of Statutory Interpretation with strong logistics, analytical, and persuasive abilities adept at pleadings, drafting of Suits, Agreements, Contracts, vetting of Documents. Additionally money recovery, recovery disputes, suits related to children, wards, guardianships, estate, property, custody, execution, claims, partitions, and others.
2. Criminal Appeal Lawyers: Our associates 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.
Let us understand in what circumstances are appeals filed before the High Court under Criminal and Civil matters:
For Criminal Matters: An appeal can be filed against Session Judge’s decision if the accused has been sentenced for 7 years or more. However, capital punishment cannot be executed unless it is confirmed by the High Court.
For Civil Matters: Appeals arising out of Civil matters are Civil Appeals. They are basically governed by the Code of Civil Procedure. Further, the High Court may also frame rules and procedures for conducting these Appeals. It can be filed against an Order or Judgment.
The appeals have multiple stages to them and you as a client can get familiarized with a few of those to get a better hand of the domain.
Our Appeal Lawyers excel at undertaking such tasks as well:
– Second Appeal before High Court: The decree/judgment passed by any appellate Civil Court in the first appeal can be challenged through a second appeal before the High Court. If the case involves a substantial question of law, the second appeal can be filed even against an ex parte decree/judgment of the first appellate court.
– No Appeal: It can be filed against a decree/judgment passed by the court with the consent of the parties. It can be filed, except on a question of law, from a decree in any suit of the courts of small causes, when the value of the subject matter of the suit is less than Rs. 3000/-. Furthermore, where a decree/judgment is passed by a single judge of the High Court in a second appeal, the said decree/judgment is not appealable.
– 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.
One, a merge of young minds with professionally experienced Civil Lawyers to provide room for debate and exploration. An accomplished lawyer exhibits traits of fact collection, legitimate research, and representation cohesively. They acknowledge the importance of references, case studies, and understand the underlying business fundamentals. Thus a good mix of experience and specialization at your service. Fact collection is very important in legal cases. Sometimes there are more than one conceivable arrangements or parcel of points of reference to help the argument. Thus, our Appeal Lawyers have the ability to assess every one of the potential outcomes before presenting the same with legitimate research abilities. Efficient research abilities and assessment are kind of the key to it. At the same time, it is most important for an Appeal Lawyer to deeply understand facts and most aptly represent them before the presiding Judge. That is the final round on which the judgment floats. It must be understood and clearly articulated that any important evidence missed out at the stage of the trial, affects the case at every stage of appeal. That is why our team is so thorough with it. Most importantly our Appeal Lawyers have detailed knowledge of Diverse Areas of Law. In law, there is no one solution but the ability to compare multiple possibilities and narrow them down to the most favorable outcome is what assures victory.
“A modern economy is marked by the feasibility of endogenous change: Modernization brings myriad arrangements from expanded property rights to company law and financial institutions.”
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