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Appellate Jurisdiction of the Supreme Court

Appellate Jurisdiction of the Supreme Court

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APPELLATE JURISDICTION OF THE SUPREME COURT

Submitted by: Kartikey Dubey Division: A. Roll No .24. Class: BBA.LLB (Semester IV) On Symbiosis Law School, NOIDA Symbiosis International University, PUNE On 2nd April, 2012 Under the guidance of Professor Vikram Singh Symbiosis Law School, Noida Symbiosis International University, Pune

NOIDA Name: Kartikey Dubey BBA. 2012 Place.LLB (IV SEMESTER) . Kartikey Dubey.LLB.SLS. hereby declare that the project report on case analysis titled “APPELLATE JURISDICTION OF THE SUPREME COURT” is submitted by me in the line of partial fulfillment of course objectives for the Law of Crimes: Indian Penal Code. (IV Semester). Noida pursuing BBA. a student of Symbiosis Law School. Date: April 04.DECLARATION I.

detected later on. The research work has not been submitted elsewhere for award of any degree. 2012 .CERTIFICATE The project report on the case analysis entitled “APPELLATE JURISDICTION OF THE SUPREME COURT” is submitted to the Symbiosis Law School. NOIDA for Law of Crimes: Indian Penal Code as part of internal assessment is based on my original work carried out under the guidance of Prof. I understand that I myself could be held responsible and accountable for plagiarism. Ashmita Bisarya. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. Signature of the candidate (Kartikey Dubey) Date: April 04. if any.

Last but not the least. Date: April 04. 2012 Name: Kartikey Dubey Place. our faculty (Project Guide) for his valuable support and suggestions for the improvement and editing of this project report and immense support and encouragement all through the preparation of this report. NOIDA BBA.LLB (IV SEMESTER) .SLS. I would like to thank all the persons who directly or indirectly helped me in completing my project report.ACKNOWLEDGEMENT It is a great pleasure for me to put on records our appreciation and gratitude towards Prof. Ashmita Bisarya.

including writs in the nature of the habeas corpus. appellate and advisory jurisdiction. The Supreme Court is meant to be the last resort and highest appellate court which takes up appeals against judgments of the High Courts of the states and territories. Chapter IV of the Constitution of India. prohibition. 133(1) or 134 of the Constitution in respect of any judgement. The Supreme Court of India held its inaugural sitting on 28 January 1950. orders or writs. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. . The Hon’ble Supreme Court of India is at the apex of entire judicial system.Introduction The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V. It is empowered to issue directions. the role of the Supreme Court is that of a federal court and guardian of the Constitution. The Supreme Court has original. It comprises of the Chief Justice not more than 25 other Judges appointed by the President of India. The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. disputes between states or petitions involving a serious infringement of fundamental and human rights are usually brought directly to the Supreme Court.000 reported judgments. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1). quo warranto and certiorari to enforce them. and since then has delivered more than 24. decree or final order of a High Court in both civil and criminal cases. According to the Constitution of India. Also. mandamus. The Constitution of India has provided for a single integrated system of Courts to administer both Union and State laws. Article 32 of the constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of fundamental rights. involving substantial questions of law as to the interpretation of the Constitution.

the said question needs to be decided by the Supreme Court. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1). decree or final order of a High Court in both civil and criminal cases. and (b) that. decree. grant special leave to appeal under article 136 of the Constitution from any judgment. 133(1) or 134 of the Constitution in respect of any judgement. final order or sentence in a criminal proceeding of a High Court. In criminal cases. involving substantial questions of law as to the interpretation of the Constitution. or (c) certified that the case is a fit one for appeal to the Supreme Court. in the opinion of the High Court. Parliament has the power to enlarge the appellate jurisdiction of the Supreme Court and has exercised this power in case of criminal appeals by enacting the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. . in its discretion. sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.APPELLATE JURISDICTION [ The Hon’ble Supreme Court has a vide appellate jurisdiction over all Courts and Tribunals in India in as much as it may. determination. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance. or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years. 1970. an appeal lies to the Supreme Court if the High Court: (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years. The Supreme Court can also grant special leave under article 136(1) to appeal from a judgment or order of any non-military Indian court.

1950 provides that the Supreme Court may in its discretion grant special leave to appeal from any judgment. whether in civil. Statutory Appeals  Section 379 of the Code of Criminal Procedure.Appeals permitted under the Constitution  Article 132 of the Constitution of India. 1950 provides for an appeal to the Supreme Court from any judgment.   Appeal by Special Leave  Article 136 of the Constitution of India. final order or sentence in a criminal proceeding of a High Court if (a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or (b) has withdrawn for trial before itself. determination. decree or final order in a civil proceeding of a High Court if the High Court certifies that the case involves a substantial question of law of general importance and in its opinion the said question needs to be decided by the Supreme Court. Article 133 of the Constitution of India. final order or sentence in a criminal proceedings of a High Court. 1973 read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. 1950 provides for an appeal to the Supreme Court from any judgment. if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or to imprisonment for a period of not less than ten years. 1972. 1970. provides for an appeal to the Supreme Court from any judgment. as amended by the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Amendment Act. sentence or order in any case or matter passed or made by any Court or tribunal in the territory of India except the Court or tribunal constituted by or under any law relating to armed forces. 1950 provides for an appeal to the Supreme Court from any judgment. if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. decree. criminal or other proceedings. . any case from any Court subordinate to it and has in such trial convicted the accused and sentenced him to death or (c) it certifies that the case is a fit one for appeal to the Supreme Court. decree or final order of a High Court. Article 134 of the Constitution of India. (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years.

from any order or decision of Division Bench of a High Court in exercise of its jurisdiction to punish for contempt. Section 10 of the Special Court (Trial of offences relating to Transactions in Securities) Act. if any. Section 55 of the Monopolies and Restrictive Trade Practices Act. entertaining complaints where the value of the goods or services and compensation. to the determination of any question having relation to the rate of custom duty or the value of goods for the purpose of assessment. claimed exceeds Rupees One Crore. from every order passed by a High Court under Section 98 or Section 99 of the said Act. in any case which the High Court certifies to be a fit one for appeal to the Supreme Court. of the Appellate Tribunal. both on fact and on law. or any order passed by the Appellate Tribunal relating. Section 116-A of the Representation of People Act. of the special court. on one or more of the grounds specified in Section 100 of Code of Civil Procedure. 1951 provides for an appeal to the Supreme Court on any question. Section 18 of the Telecom Regulatory Authority of India Act.         . Section 19(1)(b) of the Contempt of Courts Act. 1971 provides for an appeal to the Supreme Court. amongst other things. sentence or order not being interlocutory order. amongst other things. 1992 provides for an appeal to the Supreme Court from any judgment. 1969 provides for an appeal to the Supreme Court from certain orders passed by the Central Government or by MRTP Commission. in any case which the High Court certifies to be a fit one for appeal to the Supreme Court. 1961 provides for an appeal to the Supreme Court from an order made by the Disciplinary Committee of the Bar Council of India under Section 36 or 37 of the said Act. Section 130E of the Customs Act. whether of law or fact. 1962 provides for an appeal to the Supreme Court from any judgment of the High Court on a reference made under Section 130. to the determination of any question having a relation to the rate of duty of excise or to the value of goods for purpose of assessment. 1986 provides for an appeal to the Supreme Court from an order made by the National Commission. or any order passed by the Appellate Tribunal relating. 1997 provides for an appeal to the Supreme Court against any order not being an interlocutory order. as of right. Section 35L of the Central Excise and Salt Act. Section 23 of the Consumer Protection Act. Section 38 of the Advocates Act. 1944 provides for an appeal to the Supreme Court from any judgment of the High Court delivered on a reference made under Section 35G.

1987 provides for an appeal to the Supreme Court from any judgment. sentence or order not being an interlocutory order. Section 15(z) of the Securities and Exchange Board of India Act. of a Designated Court. both on facts and on law. provides that any person aggrieved by any decision or order of the Securities Appellate Tribunal may file an appeal to theSupreme Court on any question of law arising out of such order. 2002. Section 19 of the Terrorist and Disruptive Activities (Prevention) Act. 1961 provides for an appeal to the Supreme Court from any judgment of the High Court (delivered on a reference made under Section 256 against an order made under Section 254 before 1st October. 1998 or on appeal made to the High Court in respect of an order passed under section 254 on or after that date). in any case which the High Court certifies to be a fit one for appeal to the Supreme Court. Section 53T of the Competition Act. 1992. The Act has since been repealed. provides for an appeal to the Supreme Court against any decision or order of the Appellate Tribunal.    . Section 261 of the Income-Tax Act.

Musheer Khan Vs.Muhammed Aslam Vs. State of Kerala. State of Uttar Pradesh AIR 1991 SC 345 Even after a death sentence has been confirmed and is not open to review. the Supreme Court may. object and purpose of a Government Order and arrived at a correct conclusion. because a sentence of death is one thing and the sentence of death since it was confirmed.Case Reference. . Jumman Vs. in a petition under article 32 read with article 21 commute the sentence of death into one of life imprisonment on the ground of undue delay in execution of the death since it was confirmed . Interference of Suprem e Court in Service Matter. Sudama Pandey Vs. L. the Supreme Court need not incline to take different view in exercise of Jurisdiction under Article 136. Where the High Court takes plausible view in acquitting view in acquitting accused from charge of murder. State Of Bihar AIR 20021 SC 693 In case of appeal against conviction. (2009) 7 SCC 382 When a High Court has properly understood purport. State of Madhya Pradesh AIR 2010 SC 762. Appeal. the Supreme Court’s interference is not warranted. the Supreme Court does not interfere with the findings of finding courts. because a sentence of death is one thing and the sentence of death followed by lengthy imprisonment prior to execution is another. Criminal Cases.

Shobha AIR 1989 SC 2097. . Grounds Sat Pal Chopra Vs.Fraud Krishna Vs. Court may refuse relief to a petitioner who has taken reckless steps without recourse to Law. Director-cum-Joint Secretary AIR 1991 SC 970 Where the High Court has dismissed a Writ Petition in limine the scope of appeal to the Supreme Court is limited to the grounds set forth in the petition.

com Books Referred: “The Constitution of India” by P.M. “Indian Constitutional Law” by M. .legallyindia.com www.Bibliography Websites: www. Jain. Bakshi.P.supremecourtofindia.

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