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The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.
An aggrieved party from the judgment or decree of high court cannot claim special leave to appeal as a right but it is privilege which the Supreme Court of India is vested with and this leave to appeal can be granted by it only. An aggrieved party can approach the Apex Court under Article 136 in case any constitutional or legal issue exists and ...
The New York Supreme Court is a trial court of general jurisdiction. The Supreme Court of Maryland was known as the Court of Appeals, and the Appellate Court of Maryland was known as the Court of Special Appeals, until a 2022 constitutional amendment changed their names. Depending on the system, certain courts may serve as both trial courts and ...
The Supreme Court opted against hearing arguments in a pair of appeals Monday seeking to wipe out protest buffer zones around abortion clinics – a move that, for now, will leave those ...
The Supreme Court of the United States delineated the test for the availability of interlocutory appeals, called the collateral order doctrine, for United States federal courts in the case of Lauro Lines s.r.l. v. Chasser, [2] holding that under the relevant statute (28 U.S.C. § 1291) such an appeal would be permitted only if:
An amendment to the Supreme Court Act in 1975 required that parties wishing to appeal must apply for "leave to appeal". The only exception is a select type of more serious criminal cases where there continues to an appeal "as of right", as well as appeals from reference questions submitted to the provincial courts of appeal by the provincial ...
The power of the Supreme Court to consider appeals from state courts, rather than just federal courts, was created by the Judiciary Act of 1789 and upheld early in the court's history, by its rulings in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). The Supreme Court is the only federal court that has jurisdiction over direct ...
President Donald Trump is heading to the Supreme Court for the first time in his second term, using an emergency appeal to call on the justices to let him fire the head of a government ethics ...