Discuss about appellate jurisdiction of supreme court.
Answer
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Hint:
The Supreme Court has the power to start, appeal and advise. Its special jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or State on the one hand or one country or many of another or between two or more countries, if the dispute involves any question (or whether legal or factual) where the existence or extent of a legal right depends.
Complete step by step solution:
The power of appeal in the High Court may be exercised by a certificate issued by the High Court concerned under Section 132 (1), 133 (1) or 134 of the Constitution in respect of any decision, decision or final decision. of the High Court in both cases and criminal offenses, including the main legal questions on the interpretation of the Constitution. the said question needs to be decided by the Supreme Court. In criminal cases, an appeal is lodged with the High Court if the High Court (a) dismisses an application by a defendant to sentence him or her to life imprisonment or to imprisonment for a period not less than 10 years, or (b) withdraw his or her trial or any other case in any lower Court of its jurisdiction and in that case convicted the accused and sentenced him to death or imprisonment for life or a term of not less than ten years, or (c) he or she has determined that the case is worthy of appeal to the High Court. Parliament is empowered to give the High Court any other power to entertain and hear appeals from any decision, final decision or sentence in a Supreme Court case.
Note:
The Supreme Court, if it is satisfied that cases involving the same or similar legal questions are pending before it and one or more High Courts or two or more High Courts and that those questions are the most important questions, may adjourn the case or pending cases before the High Court or Courts Higher and eliminate all those cases themselves.
The Supreme Court has the power to start, appeal and advise. Its special jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or State on the one hand or one country or many of another or between two or more countries, if the dispute involves any question (or whether legal or factual) where the existence or extent of a legal right depends.
Complete step by step solution:
The power of appeal in the High Court may be exercised by a certificate issued by the High Court concerned under Section 132 (1), 133 (1) or 134 of the Constitution in respect of any decision, decision or final decision. of the High Court in both cases and criminal offenses, including the main legal questions on the interpretation of the Constitution. the said question needs to be decided by the Supreme Court. In criminal cases, an appeal is lodged with the High Court if the High Court (a) dismisses an application by a defendant to sentence him or her to life imprisonment or to imprisonment for a period not less than 10 years, or (b) withdraw his or her trial or any other case in any lower Court of its jurisdiction and in that case convicted the accused and sentenced him to death or imprisonment for life or a term of not less than ten years, or (c) he or she has determined that the case is worthy of appeal to the High Court. Parliament is empowered to give the High Court any other power to entertain and hear appeals from any decision, final decision or sentence in a Supreme Court case.
Note:
The Supreme Court, if it is satisfied that cases involving the same or similar legal questions are pending before it and one or more High Courts or two or more High Courts and that those questions are the most important questions, may adjourn the case or pending cases before the High Court or Courts Higher and eliminate all those cases themselves.
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