Daman and Diu - Appeal in the High Court (HC)

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Procedure

Apply In-Person:

1. In order to appeal/challenge the decree/judgement passed by any appellate civil court, the appellant shall approach their respective high court as applicable to appeal. In case the decree/order of any high court is to be appealed, then the appellant shall apply in the same court.
2. Link for the office contact details link
3. The appellant shall hire a lawyer. The appellant should provide full details of the case along with the decree/judgement passed by any appellate civil court.
4. Once the preliminary interaction is over, the lawyer will draft the memorandum for appeal with legal points countering the earlier decree/judgement.
5. Once the memorandum is ready, the appellant shall sign the appeal as advised by the lawyer.
6. The lawyer will file the appeal by paying the required court charges.
7. Once the filing is successful, the court will allot a unique case number in the order of the case filed.
8. The appellant gets notification about the first hearing date for the appeal. Lawyer will get the schedule of the hearing.
9. On the scheduled date and time, the appellant along with the lawyer shall assemble before the judge for the legal hearing of this case.
10. The progress of the case and further advancements are based on the complexity of the case and argument of the lawyer.
11. The appellant shall follow the court’s notification and follow the lawyer’s guidelines to complete the appeal.
12. This case may conclude as per the course of the hearing and argument.

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Required Documents

• Signed memorandum by the party to the case or by their advocate
• Appellant’s residence proof (Ration card / Bank pass book / Telephone bill / Aadhaar card)
• Appellant’s identity proof (Voter ID / Passport / Aadhaar card / Driving licence)
• Written statement
• Copy of petition
• Affidavit in I.A.
• The order/Judgment, Decree, copy of grounds
• Any other relevant papers as the counsel feel necessary
• Witnesses residence proof (Ration card / Bank pass book / Telephone bill / Aadhaar card) as per requirement
• Witnesses identity proof (Voter ID / Passport / Aadhaar card / Driving licence) as per requirement
• Aadhaar card

Office Locations & Contacts

Bombay High Court,,
has jurisdiction over Daman and Diu,
Fort, Mumbai -32.
E-mail: [email protected]
Contact link

Department of Justice,
Shastri Bhawan, A-Wing,
Dr. Rajendra Prasad Road,New Delhi,Delhi (NCT) - 110001
Phone: 01123383674
Fax: 01123384516
Email: [email protected]
Contact link

Eligibility

• Any person aggrieved by any decision of the court may challenge an order or judgement before the higher court through appeal.
• An appeal can be filed only by a person who has been party to the case before the subordinate court.
• However, at the death of such a person, his legal heirs and successors in interest may as well as file or maintain an already filed appeal in many matters.

Fees

• The court fee is payable as per the schedule as advised by the court clerks / lawyers.
• A lawyer’s fee depends upon his experience.

Validity

• Within 90 days from the date of decree or order, the appeal shall be filed at the high court.
• But if a decree or order of any high court is to be appealed in the same court, then appeal can be made within 30 days.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

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Processing Time

• Processing time for grant/conclusion of appeal varies with case to case and takes from months to years.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".

Instructions

• Appeal can be filed only if it is specifically allowed by any law and has to be filed in the specified manner in the specified courts.
• The high court dismissing the appeal has to give reasons in support.
• Please avoid spelling mistakes while drafting the memorandum.
• Make sure to provide correct date and time of the incidents while drafting the memorandum.

Required Information

• Name of the appellate
• Address of the appellate
• Appellate father’s name
• Appellate mother name
• Date of birth
• Old case number
• Mobile number
• Name of the witness
• Contact details of the witnesses

Need for the Document

• An appeal against any decree or judgement passed by the subordinate court shall be made at the high court in order to challenge the judgement and prove that the appellant is innocent.
• Appeal proceedings in India could take anywhere between a few months to a few years, depending on the circumstances of the appeal.

Information which might help

• An order or decree or judgment passed by trial court may be challenged in high court in appeal.
• The appeals before the high court are either civil appeals or criminal appeals.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Place some external links which might help.

Others

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