FREE BOOKS

Author's List




PREV.   NEXT  
|<   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135  
136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   >>   >|  
In Spain the jurisdiction and procedure with reference to appeals is on the same lines as in France. As regards civil matters it is regulated by title 21 of the Civil Procedure Code. The appeal to the supreme court is for the most part on questions of law (_por infraccion de ley o de doctrina_); but the court has also power to review judgments on materials not available at the first hearing (arts. 1796, 1801). _British India._--In British India complete and systematic provision is made for appeals both in civil and in criminal cases by the Procedure Codes (Civil of 1882, with subsequent amendments, and Criminal of 1898), and also to some extent by the charters of the high courts of Calcutta, Bombay and Madras (see Ilbert, _Government of India_, Oxford, 1898, p. 137). In addition, the decisions of subordinate tribunals may be revised by a superior tribunal _proprio motu_, or reviewed in a proper case by the tribunal which has given them; and provision is made for the consultation of a superior by an inferior tribunal in cases of legal difficulty. The policy of admitting so many appeals has been criticized. But with an enormous population which has no representative institutions it has been deemed wise to provide ample means of correcting judicial errors at the instance not only of the aggrieved person but also at the instance of the supervising judicial authorities, as a means of ensuring regularity and propriety in the conduct of judicial business by subordinate judges in out-of-the-way districts. _Civil Appeals._--(1) Except where otherwise expressly provided by the Civil Procedure Code, or by any other law for the time being in force, an appeal lies from the whole or part of any decree, whether made _ex parte_ or _inter partes_, of a court exercising original jurisdiction (Civil Procedure Code, S 540). By "decree" is meant the final expression of an adjudication upon a right claimed or defence set up in a civil court, when such adjudication, so far as regards the court expressing it, decides the suit (S 2). The appeal is both on facts and on law. The procedure on the appeal is prescribed by c. 41 of the Civil Procedure Code, and the directions of the code deal even with the language of the judgment on appeal and the matters to be stated therein. (2) Decrees passed on an appeal to any court in India subordinate to a High Court are as a general rule subject to appeal to the High Court on the grounds (a) that they are
PREV.   NEXT  
|<   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135  
136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   >>   >|  



Top keywords:

appeal

 

Procedure

 
subordinate
 

appeals

 

tribunal

 

judicial

 
British
 
provision
 

adjudication

 
decree

instance

 
superior
 

matters

 

procedure

 

jurisdiction

 

France

 

original

 
partes
 

exercising

 
business

judges

 

conduct

 

propriety

 

authorities

 

ensuring

 

regularity

 

districts

 

expressly

 

provided

 
Except

Appeals
 

expression

 

stated

 

Decrees

 

judgment

 
language
 

passed

 

grounds

 
subject
 
materials

general

 

directions

 

defence

 

claimed

 

prescribed

 

reference

 

expressing

 

decides

 

supervising

 

person