What is appellate jurisdiction of High Court?

Q.  Which of the following is/are true regarding appellate jurisdiction of High Court?

1) Calcutta, Bombay, Delhi and Madras High Courts provide intra-court appeals.
2) Decisions of the administrative tribunals can be appealed in division bench of the State High Court.
- Published on 09 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Both 1 and 2
 
    Appellate jurisdiction of High Court -

  • A high court is mainly a court of appeal.

  • Appeals against the judgements of subordinate courts functioning in its territorial jurisdiction are heard by the High Court.

  • The appellate jurisdiction of a High Court is wider than its original jurisdiction.

    • Appeals in Civil Matters -

  • First appeals from the orders and judgements of the district courts etc., on both questions of law and fact, if, the amount exceeds the set limit.

  • Second appeals from the orders and judgements of the district court etc., in the cases involving questions of law only.

  • The Calcutta, Bombay and Madras High Courts provide intra-court appeals.

  • When a single judge of the high court decides a case either under the original or appellate jurisdiction, an appeal from such a decision lies to the division bench of the same High Court.

  • Decisions of the administrative and other tribunals can be appealed in division bench of the State High Court.

  • Tribunals are subject to the writ jurisdiction of the High Courts. Thus an aggrieved person needs to first approach High Court and not the Supreme Court directly against the decisions of the tribunals, without first going.

    • Appeals in Criminal Matters -

  • If the sentence is of imprisonment for more than seven years appeals from the judgements of sessions court and additional sessions court lie to the High Court.

  • Death sentence awarded by a sessions court or an additional sessions court should be confirmed by the High Court before it can be executed, whether there is an appeal or not.

  • Sometimes the appeals from the judgements of the assistant sessions judge, metropolitian magistrate or other magistrates (judicial) lie to the High Court.

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