LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shital bafna (executive)     03 April 2010

child custody

i Am  maternal uncle who was decided legal gurdian of orphan  minor childern agianst paternal grand ma of childern in district court which was Appealed in high court unde first appeal which was dsposed saying
'This is Appeal filed aginst impunged jedgement passed distr court. in view of section 47 of GUrdian act 1890,it would be Appeal from an order and the not first Appeal which would be tenable. In view of that First Appeal be registerd as Appeal fro order  and may place before approriate bench'please  simplify what does that mean?



 1 Replies

Guest (Guest)     03 April 2010

The High Court order would be pointing out filing irregularity and not deciding on merits.  The appeal will be treated as appeal from order as per S.47 of the Act and it is not the first appeal.  As far as you are concerned, this irregularity made by the appellant will neither benefit you nor harm you.  The case will be heard by the High Court as Appeal from Order.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register