(Guest)

Questiin on frivolos appeal - indian law

hi ,

in the indian judiciary, how to handle frivoulous appeal especially in cse of civil suit to harass the decree holder. what sort of a checkpoints does the appellate courts have in place to ensure frivolous appeals are not allowed or do we even have one in place? undertand that it is the rights of the parties to go for appeal but in case of matters that is blatantly friovlous, what sort of a common place law that we do to protect from such frivolous appeals. or is it under the hands of ethics of advocates who supports such frivolous appeals.

Reply Follow

5 Replies

Preetam Thakur (MHA) 14 January 2018

Whether an appeal is frivolous or genuine, can be determined by the competent court only after the appeal is preferred. Every person has absolute right to prefer appeal. If found frivolous, may face consequences.

R.Ramachandran (Advocate) 14 January 2018

Handling by whom - you are concerned about? Courts? They know how to handle.

About one of the parties? - That party has to face the appeal and make its submissions opposing the Appeal.

What may appear to one party has frivolous, may be the life and death problem for another party. Therefore, so long as the affected party has right of appeal, that needs to be allowed. If the Court finds such an appeal frivolous, based on the points that are submitted by the opposite party, the Court will suitably handle such an appeal - viz., by dismissing the appeal, dismissing the appeal and simultaneously imposing costs etc. etc.

1 Like

N.K.Assumi (Advocate) 14 January 2018

Please Sir, LCI members are not Prophets to make any pophecy.

1 Like

TGK REDDI 14 January 2018

I agree with the Replies.

Frivolous and vexatious appeals are common. Frivolous judgments are commoner.

Pending cases won't decrease if the number of courts is increased. If judges are sincere, there won't be any pendency.

But we shouldn't expect sincerity from judges alone. A majority of people should be honest. Even a minority of people aren't honest.

How can a judge survive without bribing others? Even if God comes down and say that He is God, every official will demand bribe from Him. If a wife wants to spend an hour with her husband, the husband demands bribe. How can judges be an exception? Shouldn't their sons and daughters get jobs?

Frivolous Appeals can be dismissed summarily. But it is rare.

Genuine Appeals are not even taken on file which is highly illegal. But it is quite common.

1 Like