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The Gram Nyayalayas Act, 2008

Chapter VII APPEALS

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Chapter VII APPEALS

33. Appeal in criminal cases.

Statutory text
  1. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law, no appeal shall lie from any judgment, sentence or order of a Gram Nyayalaya except as provided hereunder.
  2. (2) No appeal shall lie where—
    • (a) an accused person has pleaded guilty and has been convicted on such plea;
    • (b) the Gram Nyayalaya has passed only a sentence of fine not exceeding one thousand rupees.
  3. (3) Subject to sub-section (2), an appeal shall lie from any other judgment, sentence or order of a Gram Nyayalaya to the Court of Session.
  4. (4) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment, sentence or order of a Gram Nyayalaya: Provided that the Court of Session may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
  5. (5) An appeal preferred under sub-section (3) shall be heard and disposed of by the Court of Session within six months from the date of filing of such appeal.
  6. (6) The Court of Session may, pending disposal of the appeal, direct the suspension of the sentence or order appealed against.
  7. (7) The decision of the Court of Session under sub-section (5) shall be final and no appeal or revision shall lie from the decision of the Court of Session: Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution.

Chapter VII APPEALS

34. Appeal in civil cases.

Statutory text
  1. (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law, and subject to sub-section (2), an appeal shall lie from every judgment or order, not being an interlocutory order, of a Gram Nyayalaya to the District Court.
  2. (2) No appeal shall lie from any judgment or order passed by the Gram Nyayalaya—
    • (a) with the consent of the parties;
    • (b) where the amount or value of the subject matter of a suit, claim or dispute does not exceed rupees one thousand;
    • (c) except on a question of law, where the amount or value of the subject matter of such suit, claim or dispute does not exceed rupees five thousand.
  3. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Gram Nyayalaya: Provided that the District Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
  4. (4) An appeal preferred under sub-section (1) shall be heard and disposed of by the District Court within six months from the date of filing of the appeal.
  5. (5) The District Court may, pending disposal of the appeal, stay execution of the judgment or order appealed against.
  6. (6) The decision of the District Court under sub-section (4) shall be final and no appeal or revision shall lie from the decision of the District Court: Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution.

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