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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting a Second Appeal in the High Court
Purpose:
A second appeal in the High Court is filed to challenge the decision of the lower appellate court on questions of law, not facts, arising from a civil case.
Usage:
Utilized when a party seeks to challenge the legal correctness of the judgment passed by the lower appellate court.
Applied when there is a substantial question of law involved in the case.
Drafting Steps:
Title and Court Details: Title the appeal clearly and address it to the appropriate High Court.
Parties Information: Provide complete details of the appellant(s), respondent(s), and lower courts involved.
Case Details: Mention the case number, lower court name, and the date of the judgment being appealed.
Grounds of Appeal: Clearly state the substantial questions of law arising from the lower court's judgment that warrant appellate review.
Legal Arguments: Present legal arguments supporting the appellant's position on each ground of appeal.
Case Laws and Precedents: Reference relevant case laws and precedents to strengthen legal arguments.
Prayer for Relief: Specify the relief sought, such as setting aside the lower court's judgment or remanding the case for reconsideration.
Verification: End with a verification clause affirming the correctness of the contents.
Common Mistakes to Avoid:
Mistaking Questions of Law for Questions of Fact: Ensure the appeal raises only questions of law, not factual disputes.
Lack of Clarity in Grounds: Clearly articulate each ground of appeal to avoid ambiguity.
Ignoring Procedural Requirements: Adhere strictly to the procedural rules and requirements of the High Court.
Insufficient Legal Basis: Provide adequate legal reasoning and authorities to support each ground of appeal.
By adhering to these guidelines, one can effectively draft a second appeal in the High Court, seeking review and correction of legal errors in the lower court's judgment.