A first appeal is a request for a higher authority to review and potentially reverse a decision that has been made. This type of appeal is typically made after an initial decision has been made by a lower authority or court and the individual or organization disagree with the outcome.
There are many different situations in which a first appeal may be made. For example, in the criminal justice system, a defendant may appeal a guilty verdict to a higher court in an effort to overturn the decision. In the civil justice system, a plaintiff or defendant may appeal a decision in a civil case to a higher court.
In addition to the legal system, first appeals may also be made in other contexts, such as in the workplace or in academia. For example, an employee may appeal a decision made by their employer, or a student may appeal a decision made by their school or university.
The process for making a first appeal varies depending on the specific context and jurisdiction. In general, however, the individual or organization making the appeal will need to file a written request for review with the appropriate authority, outlining the reasons for the appeal and any supporting evidence.
There are several factors that may be considered when determining whether to grant a first appeal. These may include the strength of the evidence presented, the legal precedent set by previous cases, and the overall fairness of the initial decision.
First appeals can be a complex and time-consuming process, and the outcome is not always certain. However, for those who believe that a decision made against them was unjust or incorrect, a first appeal can provide an important opportunity to seek redress and potentially have the decision overturned.
First Appeal Definition
Thus, a person who is impleaded as a respondent in a writ petition on his own application, is not entitled to appeal against the order therein when there is nothing in it prejudicial, to him. In exceptional cases, the appellate authority may take forty-five days to dispose of the appeal subject to the condition that he shall record in writing the reasons for the delay in deciding the appeal FAQS Frequently Asked Questions. B may, therefore, appeal from the decree, though as against him the suit was dismissed. An appeal shall lie before such court which is authorized to hear appeals from the inferior Court. The appellate court will then assign a case number and give everyone notice that the appeal was filed.
First Appeal
Again, as in the case of the original suit, where joinder of parties is allowed, so in the case of an appeal respondents may be added under the provisions of rule 20. In federal court, however, the notice of appeal is a very short statement of who is appealing, to where, and from what. When you file the docketing statement, you need to attach the relevant orders, findings and conclusions of the district court, so be sure to have those handy. The court has a form statement with instructions that you should use to complete these requirements. B First appeal can be filed on question of fact or law whereas Second appeal can be filed where it involves substantial question of law. They should not be encouraged to appeal on facts in trivial cases. Right of appeal is the right of entering a superior court and invoking its aid and interposition to redress the error of the court below.
Concept of First appeals under the Code of Civil Procedure, 1908
It is clear that if a plaintiffs claim is decreed in its entirety and all the issues are found in his favour, the plaintiff cannot appeal from the decree. Both the remedies are concurrent and can be resorted to simultaneously. In such a case, you may file first appeal only after completion of stipulated time period of 30 days. But an agreement between the parties not to file an appeal is valid if it is based on lawful or legal consideration and if otherwise it is not illegal. Further, as inferred from Scrutton L. Â No appeal against consent decree Section 96 3 , based on the broad principle of estoppel, declares that no decree passed by the consent of the parties shall be appealable.