Section 380 in The Code of Criminal Procedure, 1973
380. Special right of appeal in certain cases.
- Notwithstanding anything contained in this Chapter, when more ... persons convicted at such trial shall have a right of appeal
appeal. An order
appealable under the C.P.C . or any other statute becomes
appealable because the concerned statute confers a right of
appeal ... Patent. An order appealable under clause 15 as a 'judgment'
becomes appealable because the Letters Patent confers the
right of appeal against such
common law right of A appeal in a subject and appeal is the
creature of statute. Therefore the right to appeal can be
enjoyed only ... that right should be resolved in favour of the
right. [445 H]
7. Section 11 of the Act gives a right of appeal
against
dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right
saves such a right,
would become nugatory. A litigant in a Princely State who
could have no vested right of appeal to the Federal Court ... confer any right
of appear to the High Court in definite classes of suits,
but that the right of appeal is merely given
legislature did not want to confer an unlimited
right of appeal but wanted to restrict it. It found that the
grounds ... then existing s. 100 CPC were
appropriate for restricting the right of appeal and hence
incorporated them in s.55 . The legislature could never have
expansive
definition of Article 21 is also a Fundamental Right. Right of Appeal, thus,
can neither be interfered with or impaired ... procedure does surround an
appeal the central idea is a right. The right of appeal has
been recognized by judicial decisions as a right which
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 ... right of the Corporation to speedy recovery of the tax. The impugned provision accordingly confers a right of appeal and at the same time prevents
conjoint reading of section 253(1)(d) restricts the
right of the assessee of appeal before the tribunal. He further stated that according ... direction issued by the DRP then only the assessee has right to file
an appeal before the Tribunal. He vehemently opposed the above objection
Divisional Magistrate was an administrative power, Section 60 conferred a right of appeal against the order of externment and unless reasons were required ... would not be possible for the externee to effectively exercise the right of appeal conferred upon him and the right of appeal would
