Appellate Jurisdiction of the Supreme Court

APPELLATE JURISDICTION OF THE SUPREME COURT

Submitted by: Kartikey Dubey Division: A. Roll No .24. Class: BBA.LLB (Semester IV) On Symbiosis Law School, NOIDA Symbiosis International University, PUNE On nd

2

April, 2012

Under the guidance of 

Professor Vikram Singh Symbiosis Law School, Noida

Symbiosis International University, Pune

DECLARATION

I, Kartikey Dubey, a student of Symbiosis Law School, Noida pursuing BBA.LLB. (IV Semester), hereby declare that the project report on case analysis titled JURISDICTION OF THE SUPREME COURT

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APPELLATE

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is submitted by me in the line of partial

fulfillment of course objectives for the Law of Crimes: Indian Penal Code.

Date: April 04, 2012

Name: Kartikey Dubey

Place- SLS, NOIDA

BBA.LLB (IV SEMESTER)

CERTIFICATE

The project report on the case analysis entitled SUPREME COURT

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APPELLATE JURISDICTION OF THE

is submitted to the Symbiosis Law School, NOIDA for Law of 

Crimes: Indian Penal Code as part of internal assessment is based on my original work  carried out under the guidance of Prof. Ashmita Bisarya. The research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the thesis has been duly acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on.

Signature of the candidate

(Kartikey Dubey) Date: April 04, 2012

ACKNOWLEDGEMENT

It is a great pleasure for me to put on records our appreciation and gratitude towards Prof. Ashmita Bisarya, our faculty (Project Guide) for his valuable support and suggestions for the improvement and editing of this project report and immense support and encouragement all through the preparation of this report. Last but not the least; I would like to thank all the persons who directly or indirectly helped me in completing my project report.

Date: April 04, 2012

Name: Kartikey Dubey

Place- SLS, NOIDA

BBA.LLB (IV SEMESTER)

Introduction The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court and guardian of the Constitution. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of  the Supreme Court of India. The Supreme Court is meant to be the last resort and highest appellate court which takes up appeals against judgments of the High Courts of the states and territories. Also, disputes between states or petitions involving a serious infringement of fundamental and human rights are usually brought directly to the Supreme Court. The Supreme Court of India held its inaugural sitting on 28 January 1950, and since then has delivered more than 24,000 reported judgments. The Constitution of India has provided for a single integrated system of Courts to administer both Union and State laws. The Hon’ble Supreme Court of India is at the apex of entire  judicial system. It comprises of the Chief Justice not more than 25 other Judges appointed by the President of India. The Supreme Court has original, appellate and advisory jurisdiction. Article 32 of the constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of fundamental rights. It is empowered to issue directions, orders or writs, including writs in the nature of the habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of  any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.

APPELLATE JURISDICTION [

The Hon’ble Supreme Court has a vide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under article 136 of  the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of  any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.

In criminal cases, an appeal lies to the Supreme Court if the High Court: (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court.

Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court. The Supreme Court can also grant special leave under article 136(1) to appeal from a  judgment or order of any non-military Indian court. Parliament has the power to enlarge the appellate jurisdiction of the Supreme Court and has exercised this power in case of criminal appeals by enacting the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

Appeals permitted under the Constitution 

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Article 132 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, decree or final order of a High Court, whether in civil, criminal or other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. Article 133 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court if  the High Court certifies that the case involves a substantial question of law of general importance and in its opinion the said question needs to be decided by the Supreme Court. Article 134 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court if (a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or (b) has withdrawn for trial before itself, any case from any Court subordinate to it and has in such trial convicted the accused and sentenced him to death or (c) it certifies that the case is a fit one for appeal to the Supreme Court.

Appeal by Special Leave 

Article 136 of the Constitution of India, 1950 provides that the Supreme Court may in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case or matter passed or made by any Court or tribunal in the territory of India except the Court or tribunal constituted by or under any law relating to armed forces.

Statutory Appeals 

Section 379 of the Code of Criminal Procedure, 1973 read with Section 2 of  the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, as amended by the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Amendment Act, 1972, provides for an appeal to the Supreme Court from any judgment, final order or sentence in a criminal proceedings of a High Court, if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or to imprisonment for a period of not less than ten years; (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years.

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Section 130E of the Customs Act, 1962 provides for an appeal to the Supreme Court from any judgment of the High Court on a reference made under Section 130, in any case which the High Court certifies to be a fit one for appeal to the Supreme Court, or any order passed by the Appellate Tribunal relating, amongst other things, to the determination of any question having relation to the rate of custom duty or the value of  goods for the purpose of assessment. Section 35L of the Central Excise and Salt Act, 1944 provides for an appeal to the Supreme Court from any judgment of the High Court delivered on a reference made under Section 35G, in any case which the High Court certifies to be a fit one for appeal to the Supreme Court, or any order passed by the Appellate Tribunal relating, amongst other things, to the determination of any question having a relation to the rate of duty of excise or to the value of goods for purpose of assessment. Section 23 of the Consumer Protection Act, 1986 provides for an appeal to the Supreme Court from an order made by the National Commission, entertaining complaints where the value of the goods or services and compensation, if any, claimed exceeds Rupees One Crore. Section 19(1)(b) of the Contempt of Courts Act, 1971 provides for an appeal to the Supreme Court, as of right, from any order or decision of Division Bench of a High Court in exercise of its jurisdiction to punish for contempt. Section 38 of the Advocates Act, 1961 provides for an appeal to the Supreme Court from an order made by the Disciplinary Committee of the Bar Council of India under Section 36 or 37 of the said Act. Section 116-A of the Representation of People Act, 1951 provides for an appeal to the Supreme Court on any question, whether of law or fact, from every order passed by a High Court under Section 98 or Section 99 of the said Act. Section 10 of the Special Court (Trial of offences relating to Transactions in Securities) Act, 1992 provides for an appeal to the Supreme Court from any judgment, sentence or order not being interlocutory order, of the special court, both on fact and on law. Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 provides for an appeal to the Supreme Court from certain orders passed by the Central Government or by MRTP Commission. Section 18 of the Telecom Regulatory Authority of India Act, 1997 provides for an appeal to the Supreme Court against any order not being an interlocutory order, of the Appellate Tribunal, on one or more of the grounds specified in Section 100 of Code of  Civil Procedure.

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Section 15(z) of the Securities and Exchange Board of India Act, 1992 , provides that any person aggrieved by any decision or order of the Securities Appellate Tribunal may file an appeal to theSupreme Court on any question of law arising out of such order. Section 261 of the Income-Tax Act, 1961 provides for an appeal to the Supreme Court from any judgment of the High Court (delivered on a reference made under Section 256 against an order made under Section 254 before 1st October, 1998 or on appeal made to the High Court in respect of an order passed under section 254 on or after that date), in any case which the High Court certifies to be a fit one for appeal to the Supreme Court. Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 provides for an appeal to the Supreme Court from any judgment, sentence or order not being an interlocutory order, of a Designated Court, both on facts and on law. The Act has since been repealed. Section 53T of the Competition Act, 2002 , provides for an appeal to the Supreme Court against any decision or order of the Appellate Tribunal.

Case Reference. Criminal Cases. Sudama Pandey Vs. State Of Bihar AIR 20021 SC 693 In case of appeal against conviction, the Supreme Court does not interfere with the findings of finding courts.

Jumman Vs. State of Uttar Pradesh AIR 1991 SC 345 Even after a death sentence has been confirmed and is not open to review, the Supreme Court may, in a petition under article 32 read with article 21 commute the sentence of death into one of life imprisonment on the ground of undue delay in execution of the death since it was confirmed , because a sentence of death is one thing and the sentence of death since it was confirmed, because a sentence of death is one thing and the sentence of death followed by lengthy imprisonment prior to execution is another.

Appeal. Musheer Khan Vs. State of Madhya Pradesh AIR 2010 SC 762. Where the High Court takes plausible view in acquitting view in acquitting accused from charge of murder, the Supreme Court need not incline to take different view in exercise of  Jurisdiction under Article 136.

Interference of Suprem e Court in Service Matter. L.Muhammed Aslam Vs. State of Kerala. (2009) 7 SCC 382 When a High Court has properly understood purport, object and purpose of a Government Order and arrived at a correct conclusion, the Supreme Court’s interference is not warranted.

Fraud Krishna Vs. Shobha AIR 1989 SC 2097. Court may refuse relief to a petitioner who has taken reckless steps without recourse to Law.

Grounds Sat Pal Chopra Vs. Director-cum-Joint Secretary AIR 1991 SC 970 Where the High Court has dismissed a Writ Petition in limine the scope of appeal to the Supreme Court is limited to the grounds set forth in the petition.

Bibliography

Websites: www.supremecourtofindia.com www.legallyindia.com

Books Referred: “The Constitution of India” by P.M. Bakshi. “Indian Constitutional Law” by M.P. Jain.