Bare Act
Chapter V APPEAL REVIEW AND REVISION
General202383 sections12 chapters
Chapter V APPEAL REVIEW AND REVISION
29. Appeal by the Government
Statutory text
- (1) Where orders are issued authorizing filing of appeal, review or revision, the Litigation Conducting Officer shall approach the concerned Law Officer and give him necessary instruction to prepare the memorandum of appeal, review or revision and to present the same before the concerned Court well within the period of limitation.
- (2) The Law Officer shall examine and take all relevant and available pleas in the memorandum and to present it before the Court in due time. Copy of the memorandum filed into the Court, shall be sent to the Law Secretary, who shall examine and satisfy himself that all relevant available pleas have been taken. In case there is any omission or infirmity, the Law Officer shall be directed to file additional grounds of appeal to court. The Law Officer shall also inform the number and particulars of the appeal, review or revision filed to the Law Department.
- (3) Wherever an appeal, review or revision is filed it shall be the duty of the Litigation Conducting Officer and the Law Officer to move the Appellate Court immediately with appropriate Interlocutory Applications for an order of stay of the order of Lower Court's or other appropriate relief. Such application shall, be filed without waiting for specific orders of the Law Department.
- (4) In cases where there is delay in preferring the appeal Memorandum of Appeal shall be presented to the Court along with Application seeking to condone the delay supported by proper affidavit explaining the reasons for the delay, sworn to by a competent Officer.
- (5) Where there is delay in preferring the appeal, review or revision, the officer responsible for such delay, the Law Secretary shall communicate about the lapse to the Departmental Secretary for taking suitable action.
Chapter V APPEAL REVIEW AND REVISION
30. Appeals against the Government
Statutory text
- (1) Where an appeal, review or revision is instituted against the State Government and notice thereof is served on any officer he shall take such action as is indicated in section 29 and the provisions thereof shall mutatis mutandis apply to such proceedings.
- (2) The Law Officer shall, in all such cases apply for certified copies of the Trial Judgment and Decree as also the Order in First Appeal for purpose of filing the second appeal.
- (3) The Law Officer shall consider whether there is necessity of preferring cross-objections in an appeal and if it is decided to prefer cross-objections the Law Officer may prepare the draft of it in consultation with the Litigation Conducting Officer and file it into Court after taking approval of the Law Secretary, well within the limitation period.
Chapter V APPEAL REVIEW AND REVISION
31. If there is no sufficient time to take the approval of the Law Secretary he may file the cross objection and take ratification.
Statutory text
General
- (1) Provisions of Chapter IV regarding conduct of cases shall mutatis mutandis apply to proceedings in appeals, reviews and revisions.
- (2) As soon as proceedings in a case are concluded, the Law Officer shall communicate the result of the proceedings to the Litigation Conducting Officer and the Head of the Legal Cell and the Departmental Secretary. As soon as copy of the order in appeal or as the case may be, review or revision is received, the Law Officer shall forward it to the Law Secretary along with his opinion about the feasibility of pursuing the case further. The Law Secretary shall examine the matter and forward his report of the case to the Departmental Secretary.
PDF: pending for this language.