Power & Duties of Appellate court

A rough research proposal submitted in partial fulfilment of the course

C.P.C with Limitation Act, Semester — V during the Academic Year
2018 -2019.
Submitted by
Raju, 1637
BBA.LLB
Submitted to Dr. Meeta Mohini

August ,2018
Chanakya National Law University,
Nayaya Nagar, Mithapur,
Patna-06

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 Introduction
The researcher in this project going to deal “power and duties of appellate court” given
under code of civil procedure, 1908. Firstly, the researcher introduces the topic in which
researcher give a brief introduction about appellate court in civil jurisdiction i.e. under code
of civil procedure, 1908. Then researcher explain some of the general duties of appellate
court with duties given under code of civil procedure, 1908.
Then researcher going to explain the different power given under section- 107 of code of
civil procedure, 1908, i.e.,
1)Subject to such conditions and limitations as may be prescribed, an Appellate Court shall
have power-
 to determine a case finally;
 to remand a case;
 to frame issues and refer them for trial;
 to take additional evidence or to require such evidence to be taken.
2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform
as nearly as may be the same duties as are conferred and imposed by this Code on Courts
of original jurisdiction in respect of suits instituted therein.
The mention power of appellate court will be backed by some of the important landmark
case laws. In the end the researcher provides his analysis of the whole topic and conclude
the topic.

Objective of the Study :

1. To understand the basic concepts of appellate court.
2. To analyze the power and duties of appellate court given under code of civil procedure,
1908

Research Methodology:
The researcher has adopted doctrinal method of research. The researcher has made
extensive use of the library at the Chanakya National Law University and also the internet
sources.
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Source of data
The following are primary source of data: -
1. Legislative provision
2. Cases
The following are secondary source of data: -
1. Books
2. Website
3. Newspapers

Scope of study
The project deals with ‘Power & Duties of Appellate court’ given under code of civil
procedure, 1908. It informs the readers about the power given to the appellate court under
section 107 and order XLI of code of civil procedure, 1908. It also deals with some of the
general duties of any appellate court.

Method of Writing
The method of writing followed in the course of this research paper is primarily analytical.

Tentative Chapterisation
1. Introduction
2. A brief analysis of appellate court in cpc
3. Duties of appellate court
4. Power of appellate court
 to determine a case finally;
 to remand a case;
 to frame issues and refer them for trial;
 to take additional evidence or to require such evidence to be taken.
5. Analysis and Conclusion
Bibliography

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