It includes the notes regarding the concept of appellate procedure from exam perspective (cursory notes).
Appellate procedure
Laws :
A. Country Civil Procedure Code Act 2074 -
Chapter 19 (Section 205-218)
- Appeal to be done within 30 days (section 205).
- Appeal cannot be done if the case is already compromised or mediated (ssection 206).
- Court fee to be paid while making appeal (section 207).
- Format of appeal must be as per Schedule 21 (section 208).
B. Country Criminal Procedure Code Act 2074 -
Chapter 14 (Section 134-150)
- Appeal to be made within 30 days (section 134).
- Procedure must be followed as per code in making appeal(section 136).
- Hearing of appeal (section 140).
The general procedures regarding appellate procedure can be explained as follows:-
- If the party is not satisfied with the decision of the Lower court then within 30 days of the decision made one shall file an appeal in appellate court.
- In certain conditions appeal cannot be made:- If the respondent does not give a response deed, If the case was settled through mediation, the case in which the claim made was withdrawal.
- One can file an appeal in the concerned appellate court, in response to the court which has given the decision.
- The appellate court must examine the following things and can give an endorsement order as well : -
- Limitation of time.
- If appeal can be done or not.
- If the court fee is cleared or not.
- If the procedure is full field or not.
- The defendant had to submit a written deed in response.
- Defendant to be kept in ordinary due date of appearance.
- Then the court decides the case through appeal.
Prepared and Edited By: Manish Rajak & Madhu Dahal
