Bailabel Type : bailable

Description

Section 107 of the Code of Civil Procedure (CPC) specifies the powers that an Appellate Court holds when it hears an appeal from a lower court's decision. This section ensures that the appellate court has the authority to review, correct, and modify the decisions made by the lower courts, depending on the circumstances of the case.

Key Provisions of Section 107:

1. Powers of Appellate Court in General:

   • The Appellate Court is empowered to hear the appeal, which involves the review of the trial court's decision, and it may:
     • Reaffirm, reverse, or modify the original decision.
     • Remand the case to the lower court for further proceedings or a fresh trial if it believes that the lower court's decision was incorrect or incomplete.
     • The Appellate Court has the discretion to deal with the case according to its merits, depending on the grounds presented in the appeal.

2. Powers Regarding Decree:

   • The appellate court can affirm, reverse, or vary the decree of the lower court.
   • If the Appellate Court believes that the lower court has made an error in law or incorrectly interpreted the facts, it has the power to set aside or modify the decree in question.

3. Remand to Lower Court:

   • The Appellate Court can remand the case to the trial court for further proceedings if it finds that the lower court's decision needs more examination, or if a new trial or additional evidence is required.
   • This power allows the Appellate Court to ensure that the case is properly heard and that no relevant facts are overlooked. The remand can also happen when the Appellate Court finds that the lower court did not deal with specific issues that must be addressed.

4. Powers to Make Changes in the Relief Granted:

   • The Appellate Court has the authority to alter the relief granted in the original decree. It can either increase or reduce the relief granted to the party, depending on the findings of the appeal.
   • This power is used when the Appellate Court concludes that the relief granted by the lower court was either too harsh or too lenient based on the circumstances of the case.

5. Powers to Review Evidence:

   • The Appellate Court can review the evidence presented in the case. While it does not re-assess the facts de novo (i.e., it does not conduct a new trial), it can determine if the evidence was properly evaluated by the lower court.
   • It can consider the legal aspects of the evidence and the application of law, ensuring that the judgment rendered by the lower court is based on sound reasoning.

6. Powers to Correct Errors:

   • The Appellate Court is empowered to correct any clerical errors or mathematical mistakes that may have occurred in the original decree. This is done to ensure that the decree accurately reflects the lower court's intent and the facts presented during the trial.

7. Limitation on Powers:

   • The Appellate Court's powers are limited to the matters raised in the appeal. It cannot address issues or claims that were not properly presented in the lower court or brought before the Appellate Court.
   • The Appellate Court is also bound by the principle of judicial restraint, meaning it must respect the findings of the lower court unless there is clear error.

8. Interim Orders and Injunctions:

   • While hearing an appeal, the Appellate Court has the authority to issue interim orders or injunctions to preserve the status quo or prevent further harm to the parties involved in the case. This may include staying the execution of the lower court’s order or granting temporary relief until the appeal is decided.

Punishment

Section 107 does not prescribe any specific punishments for the actions of the Appellate Court. However, there are potential consequences of a party’s action during the appeal process:

1. Dismissal of Appeal:

   • If the Appellate Court determines that the appeal is without merit or that the grounds for appeal do not justify a change in the decision, it may dismiss the appeal.
   • If an appeal is found to be frivolous, the Appellate Court may impose costs on the party filing the appeal, dissuading unnecessary litigation.

2. Modification of Relief:

   • The Appellate Court may alter the relief granted by the lower court, either reducing or increasing the remedy provided to the parties based on its findings during the appeal process.

3. Restoration or Remand to Lower Court:

   • If the Appellate Court remands the case back to the lower court, it may mean additional delay for the parties. The lower court will need to reconsider the case and take fresh steps, potentially resulting in further proceedings, hearings, or additional costs.