Section 3 in The Calcutta Improvement (Appeals) Act, 1911
3. Appeal from awards of the Tribunal. -
(1)Notwithstanding anything contained in the Calcutta Improvement Act, 1911, an appeal shall lie to the Court in any of the following cases, namely: -(a)"here the decision is that of the President of the Tribunal sitting along in pursuance of clause (6) of section 77 of the said Act;(b)where the decision is that of the Tribunal, and(i)the President of the Tribunal grants a certificate that the case is a fit one for appeal, or(ii)the Court grants special leave to appeal:Provided that the Court shall not grant such special leave unless the President has refused to grant a certificate under sub-clause (i) and the amount in dispute is five thousand rupees or upwards.(2)An appeal under clause (b) of sub-section (1) shall only lie on one or more of the following grounds, namely: -(i)the decision being contrary to law or to some usage having the force of law;(ii)the decision having failed to determine some material issue of law or usage having the force of law;(iii)a substantial error or defect in the procedure provided by the said Act which may possibly have produced error or defect in the decision of the case upon the merits.
