Legal Question in Appeals and Writs in India

Re: judgment resarch work

Hi

Once a judgment of lower court is challenged in appeal then after narrating the factual matrix of the case the appellate court draws conclusions from the facts and evidence on record. On the basis of such conclusions drawn by it in the operative part of the judgment viz. the concluding part if it dismisses the appeal then judgment of the court below stands affirmed, if it allows the appeal then the judgment of the court below stands set aside and is non est and sometimes the appellate court comes to the conclusion that facts or evidence has not been properly appreciated and it requires reconsideration by the court below then in such a circumstance it allows the appeal and remits the case back to the court below for fresh adjudication after hearing the parties on the particular questions framed by it or in view of the particular legal findings arrived at by it.

Re: judgment resarch work

the appeal judgement will say it that the order of the lower court has been upheld,incorrect etc..when the appeal is against a dismissed order of lower court and the appeal judgement is allowed then the order of the lower is incorrect... and it is vise versa

Re: judgment resarch work

It can be ascertained by reading the last few concluding paras of the judgement and if even thereafter it is not clear you need not tax your brain. You need a lawyer in person. Consult him.