AIR Practical Approach to Law of Civil Appeals

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Unit I: Introduction to Civil Appeals

1. Meaning and Scope of Appeal

2. Distinction between Appeal, Review, and Revision

3. Right to Appeal – Nature and Constitutional Basis

4. Hierarchy of Civil Courts and Appellate Structure in India

5. General Principles Governing Appeals under Civil Procedure Code (CPC), 1908

Unit II: First Appeal (Section 96 & Order XLI CPC)

1. Statutory Basis of First Appeals

2. Appeal from Original Decree – Section 96

3. Procedure in First Appeal – Order XLI Rules

4. Powers of the Appellate Court

5. Admission, Dismissal, and Remand in First Appeal

6. Scope of Interference by Appellate Court

7. Time Limit and Limitation Period

8. Stay of Execution Pending Appeal

Unit III: Second Appeal (Section 100 CPC)

1. Object and Scope of Second Appeal

2. Substantial Question of Law – Meaning and Judicial Interpretation

3. Procedure and Powers of High Court in Second Appeal

4. Interference in Concurrent Findings of Fact

5. Leading Judgments on Second Appeals

Unit IV: Appeals from Orders (Section 104 & Order XLIII CPC)

1. Appealable Orders under CPC – Section 104 and Order XLIII

2. Difference between Appeal from Decree and Appeal from Order

3. Conditions and Limitations

4. Procedure and Admissibility of Appeals from Orders

Unit V: Appeal to the Supreme Court

1. Appeal to the Supreme Court – Civil Nature – Articles 132 to 136 of Constitution

2. Section 109 of CPC – Appeal to the Supreme Court

3. Special Leave Petition (SLP) under Article 136

4. Procedure and Grounds for SLP

5. Important Supreme Court Decisions on Civil Appeals

Unit VI: Ancillary and Practical Aspects

1. Cross-Appeal and Cross-Objection (Order XLI Rule 22)

2. Condonation of Delay – Section 5 of Limitation Act

3. Drafting of Appeal Memorandum

4. Role of Court Fees and Stamp Duty

5. Execution of Appellate Decree

6. Frivolous and Vexatious Appeals – Costs and Penalties

7. Practical Tips for Appellate Practice