Saturday, December 6, 2014

Right of Appeal is a Statutory Right

Ganga Bai vs Vijay Kumar & Ors 
1974 AIR SC 1126, 1974 SCR (3) 882
http://indiankanoon.org/doc/1350326/


There is a basic distinction between the right of suit and the right of appeal. There is an inherent right in every person to bring suit of a civil nature and unless the suit is barred by statute one may, at one's peril,_bring a suit of one's choice. It is no answer to a suit howsoever frivolous the claim, that the law confers no such right to sue. A suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. But the position in regard to appeals is quite the opposite. The right of appeal inheres in no one and therefore an appeal for its maintainability must have the clear authority of law. That explains why the right of appeal is described as a creature of statute.

Under the Code of Civil Procedure, an appeal lies only as against a decree or as against an order passed under, rules from which an appeal is expressly allowed by Order 43, Rule 1.

No appeal can lie against a mere finding for the simple reason that the Code does not provide for any such appeal

Vijay Prakash D. Mehta & Anr vs Collector Of Customs 
1988 AIR 2010, 1988 SCR Supl. (2) 434
http://indiankanoon.org/doc/1958793/

Right to appeal is neither an absolute right nor an ingredient of natural justice the principles of which must be followed in all judicial and quasi-judicial adjudications. The right to appeal is a statutory right and it can be circumscribed by the conditions in the grant. 

It is not the law that adjudication by itself following the rules of natural justice would be violative of any right- constitutional or statutory, without any right of appeal, as such. If the statute gives a right to appeal upon certain conditions, it is upon fulfilment of those conditions that the right becomes vested and exercisable to the appellant.


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