Appeals Court
The Appeals Court is a court of general appellate jurisdiction, which means that the justices review decisions that the trial judges from the several Departments of the Trial Court have already made in many different kinds of cases. The Appeals Court also has jurisdiction over appeals from final decisions State agencies: The power of an appellate court ranges from powers such as power to decide a case finally which can be seemed as an obvious power. Other powers such as power to remand, power to frame issues and refer them for trail, power to take additional evidence and power to modify a decree are few such powers which the appellate court adheres while entertaining an appeal.
Strategic Vision:
Delivering Justice with Humility
Mandate:
- Its foremost power to deciding a case finally, it is a general rule under section 107(1) (a) of the Code that evidence on record is sufficient for the appellate court to pronounce the judgment and it is also held that a case should be disposed of on the evidence on record and should not be remanded on fresh evidence, except in rare cases.
- The power to remand is dealt with under section 107(b) which states in general that the appellate court can send back such case to the lower court to retry or reopen such case. But there must be some conditions precedent to be met with so that such a remand can be made.
- The power to frame issues and refer them to trial is considered very important in the cases where the lower court has done abstinence in performing its functions of framing any issue or trying any issue or determining any question of fact which is essential to be determined for the suit to be disposed off on merits.
- The power of an appellate court to take additional evidence. Otherwise, what we call it a general rule is that the appellate court has to decide such appeal on the evidence given by parties at the lower courts.
- The last important power of an appellate court is the power to modify a decree. This power is a genuine yet discretionary power. It is quite apparent that in case wherein the decision is reversed in an appeal, the decree for the same reversed decision is passed by the appellate court.
The power of a court to hear appeals from lower courts. ... In the federal system, the circuit courts have appellate jurisdiction over the cases of the district courts, and the supreme court has appellate jurisdiction over the decisions of the circuit courts.
