Statutory Appeal

Statutory Appeal

Statutory Appeals in Constitutional Issues

Note: see the entry on Statutory Appeals in this Indian legal encyclopedia for background information and more details.

In the framework of Jurisdiction of the Court , the Supreme Court of India┬┤s “Handbook of Information” provides the following content in relation to statutory appeals:

Section 35L of the Central Excise and Salt Act

“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

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

“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

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 116A of the Representation of People Act

“Section 116A 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

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

“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

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.”

Section 15(z) of the Securities and Exchange Board of India Act

“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 the Supreme Court on any question of law arising out of such order.

Section 261 of the Income-Tax Act

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

“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

Section 53T of the Competition Act, 2002, provides for an appeal to the Supreme Court against any decision or order of the Appellate Tribunal.”

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