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Meaning of Appeal

Although the term "appeal" is used in both the Code of Criminal Procedure and the Code of Civil Procedure, as well as in many other statutes, it has not been explicitly defined anywhere. Generally, an appeal refers to a process undertaken to have a decision reconsidered by bringing it to a higher authority, especially the submission of a lower court's decision to a higher court for review and possible reversal.

Strictly speaking, an appeal involves questioning whether the decision was correct based on the material available to the court. It is the removal of a case from an inferior to a superior jurisdiction for the purpose of obtaining a review or retrial. Generally, an appeal constitutes a rehearing by a superior court on both law and fact.

According to any conventional definition, an appeal includes three basic elements:

  1. A decision (usually the judgment of a court or the ruling of an administrative body) from which an appeal is made.
  2. A person or persons aggrieved by the decision (who is often, though not necessarily, a party to the original proceedings).
  3. A reviewing body ready and willing to entertain the appeal.

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