What's the meaning of 'first appeal defective' as shown on Allahabad HC website?
Jamai Of Law
(Querist) 17 June 2011
This query is : Resolved
On the website of 'HIGH COURT OF JUDICATURE AT ALLAHABAD'
I get to see many cases with case type given as:
Case :- FIRST APPEAL DEFECTIVE No. - of
What is the meaning of "FIRST APPEAL DEFECTIVE" ? especially the word 'defective' in it?
Does that suggest that the citation has become defective or no longer has existance due to SC's subsequent ruling on it? Are these cases NOT supposed to be used as a citation? are these citations overruled and set aside by Supreme Court?
This also raises another doubt :-
How to find if any High court citation has been overruled and set aside by the Supreme Court or Not? Otherwise, if anyone uses any such citation of HC (which is set aside by SC) it may result in falling on the nose!!
Please give your experienced reply.
Regards
Kiran Kumar
(Expert) 17 June 2011
when a case is filed the scrutiny is done by the registry of the HC.
after scrutiny if any document is not found in order to file is not properly prepared as per rules or court fee is not complete the registry raises objections to it which are called defects.
otherwise if any judgment is overruled by SC the same is not updated in that manner on HC website.
