Appeals

§381

Summary

(1) An appeal to the High Court shall lie from a decision of the Tribunal if— \br@s (a) 6the Tribunal grants a certificate that the case is a fit one for appeal, or \br@s (b) the High Court grants special leave to appeal: \br@s Provided that the High Court shall not grant such special lave unless the Chairman of the Tribunal has refused to grant a certificate under clause (a). \br@s (2) An appeal under sub-section (1) shall lie only on one or more of the following grounds, namely — \br@s (a) the decision being contrary to law or to some usage having the force of law ; \br@s (b) the decision having failed to determine some material issue of law or usage having the force of law ; \br@s (c) a substantial error or defect which may have produced an error or defect in the decision of the case upon merits either on a point of fact or of law. \br@s (3) Notwithstanding anything contained in the foregoing provisions, no appeal shall lie under this section unless the appellant has deposited the money which he is liable to ay under the order from which the appeal is filed. \br@s (4) Subject to the provisions of sub-section (1), the provisions of the Code of Civil Procedure, 1908, with respect to appeals from original decrees, shall, so far as may be, apply to appeals under this Act.\br@s 1(5) (i) An application for the grant of a certificate under clause (a) of sub-section (1) may be made within thirty days from the date of decision of the Tribunal.\br@s (ii) An appeal against the decision of the Tribunal may be preferred within sixty days from the date of the grant of the said certificate.\br@s (iii) An application to the High Court for special leave to appeal under clause (b) of sub-section (1) may be made within sixty days from the date of the order of refusal of the said certificate.\br@s (5-A) The provisions of section 5 and 12 of the Limitation Act, 1963 shall mutatis mutandis apply to an appeal or application under sub-section (5). \br@s (6) An order passed by the High Court on appeal under this Act shall be enforced, on application, by the Court of Small Causes of the City, as if it were a decree of that Court. \br@s

(1) An appeal to the High Court shall lie from a decision of the Tribunal if— \br@s (a) 6the Tribunal grants a certificate that the case is a fit one for appeal, or \br@s (b) the High Court grants special leave to appeal: \br@s Provided that the High Court shall not grant such special lave unless the Chairman of the Tribunal has refused to grant a certificate under clause (a). \br@s (2) An appeal under sub-section (1) shall lie only on one or more of the following grounds, namely — \br@s (a) the decision being contrary to law or to some usage having the force of law ; \br@s (b) the decision having failed to determine some material issue of law or usage having the force of law ; \br@s (c) a substantial error or defect which may have produced an error or defect in the decision of the case upon merits either on a point of fact or of law. \br@s (3) Notwithstanding anything contained in the foregoing provisions, no appeal shall lie under this section unless the appellant has deposited the money which he is liable to ay under the order from which the appeal is filed. \br@s (4) Subject to the provisions of sub-section (1), the provisions of the Code of Civil Procedure, 1908, with respect to appeals from original decrees, shall, so far as may be, apply to appeals under this Act.\br@s 1(5) (i) An application for the grant of a certificate under clause (a) of sub-section (1) may be made within thirty days from the date of decision of the Tribunal.\br@s (ii) An appeal against the decision of the Tribunal may be preferred within sixty days from the date of the grant of the said certificate.\br@s (iii) An application to the High Court for special leave to appeal under clause (b) of sub-section (1) may be made within sixty days from the date of the order of refusal of the said certificate.\br@s (5-A) The provisions of section 5 and 12 of the Limitation Act, 1963 shall mutatis mutandis apply to an appeal or application under sub-section (5). \br@s (6) An order passed by the High Court on appeal under this Act shall be enforced, on application, by the Court of Small Causes of the City, as if it were a decree of that Court. \br@s

← Previous Section Next Section →

Explore this Chapter