Order 17 Court Of Appeal Rules 2021
Order 17 of the Court of Appeal Rules 2021 is about Criminal Appeal. It contains the following rules:
Order 17 Rule 1 Court of Appeal Rules 2021 – Appeals to which this Order applies (Form 1, 2, 3, 4, 5, or 7)
This Order shall apply to appeals to the Court from any Court or Tribunal acting either in its original or in its appellate jurisdiction in criminal cases, other than a Court-Martial, and to matters related thereto.
Order 17 Rule 2 Court of Appeal Rules 2021 – Applications not specifically provided for
Except where otherwise provided in these Rules any application to the Court may be made by the Appellant or Respondent or by a Legal Representative on his behalf orally or in writing, but in regard to such applications if the Appellant is unrepresented and in custody and is not entitled or has not obtained leave to be present before the Court, he shall make any such application by forwarding the same in writing to the Registrar who shall take the appropriate steps to obtain the decision of the Court thereon.
Order 17 Rule 3 Court of Appeal Rules 2021 – Notice of Appeal or application for leave. etc.
(1) A person desiring to appeal to the Court against any judgment. sentence or order of the lower court, whether in the exercise of its original or of its appellate jurisdiction, shall commence his appeal by sending to the Registrar of the lower court a Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, as the case may be, in the form of such notice respectively set forth as forms 1, 2, 3, 4, 5 or 7 in the Second Schedule to these Rules.
(2) A person sending any notice or notices under this Rule shall answer the questions and comply with the requirements set forth in sub-rule 1 above.
(3) The Court may, on the application of the Appellant, grant leave for amendment of the Notice of Appeal or grounds of appeal and may grant leave to the Appellant to argue additional grounds of appeal: Provided that, if, in the opinion of the Court, due notice of such amended or additional grounds of appeal to the Respondent is necessary but had not been given, the Court may adjourn the appeal or make such order(s) as it may deem fit in the circumstance.
Order 17 Rule 4 Court of Appeal Rules 2021 – Vague Grounds
Any ground which is vague or general in terms or which discloses no reasonable ground of appeal shall not be permitted, save the general ground that the judgment is unreasonable, unwarranted and cannot be supported having regard to the evidence, and a ground of appeal or any part thereof which is not permitted under this Rule may be struck out by the Court suo motu or on application by the Respondent.
Order 17 Rule 5 Court of Appeal Rules 2021 – Signing of Notice of Appeal
(1) Every Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, shall be signed by the Appellant himself or by his legal representative except under the provision of sub-rules (5) and (6) of this Rule.
(2) Any other notice required or authorised to be given shall be in writing and signed by the person giving the same or by his legal representative. All notices required or authorised to be given shall be addressed to the registrar of the lower court to be forwarded by him to the Registrar: Provided that, notwithstanding that the provisions of Rules 3(1) and (2) and 5 (1) of this Order have not been strictly complied with, the Court may, in the interest of justice and for good and sufficient cause shown, entertain an appeal if satisfied that the intending appellant has exhibited a clear intention to appeal to the Court against the decision of the lower court.
(3) Any notice or other document which is required or authorised to be given or sent shall be deemed to be duly given or sent if served in accordance with the provision of Order 2 Rule 1 of these Rules.
(4) Where an Appellant any other person authorised or required to give or send any Notice of Appeal or notice of any application is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by such Appellant.
(5) Where on the trial of a person entitled to appeal it has been contended that he was not responsible according to law for his actions on the ground that he was insane at the time the act was done or the omission made by him or that at the time of the trial he was of unsound mind and consequently incapable of making his defence, any notice required to be given and signed by the Appellant himself may be given and signed by his legal representative.
(6) In the case of a body corporate, where any notice or other document is required to be signed by the Appellant, it shall be sufficient compliance therewith if such notice or other document is signed by the Company Secretary, Director, Manager or Legal Representative of such body corporate.
(7) An appeal is brought when the Notice of Appeal has been filed in the Registry of the lower court.
Order 17 Rule 6 Court of Appeal Rules 2021 – Application for Extension of Time (Criminal Form 7)
An application to the Court for an extension of time within which notices may be given shall be in Form 7 in the Second Schedule to these Rules. Every person making an application for such extension of time shall send to the Registrar of the lower court, in the proper format of such application, a form duly filled up, of Notice of Appeal, or of notice of application for leave to appeal, appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be.
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