APPEAL
Origin:
The word "appeal" is derived from the Latin word "appellāre", which means "to speak/address". The Latin word inspired the Old French word "apeler", which means "to call". The Middle English term "appelen", which means "to call upon" was borrowed from the said Old French word. By the 13th/14th century, the modern English word "appeal" evolved, which was used as a formal request in court to accuse someone or as a legal application to a higher judiciary court.
Meaning:
In simpler words, an appeal in law is the legal process of requesting in writing a higher court to review the decision of a lower court. Since an appeal is not a retrial, new evidence is not admitted by the higher court. The higher/appellate court only examines the records already submitted to the lower court to determine if any legal or procedural errors were made, which can be corrected or to clarify any legal principles, so that justice is served appropriately.
Abbreviation:
While the abbreviation for "appeal" is simply "App.", in other contexts, it can differ as follows —
(i) Civil Appeal - CA, (ii) Arbitration Appeal - Arb. Appeal, (iii) Civil Miscellaneous Appeal - CMA, (iv) First Appeal - FA, (v) Second Appeal - SA, (vi) Regular First Appeal - RFA, (vii) First Appeal from Orders - FAO, (viii) Letters Patent Appeal - LPA, (ix) Company Appeals - C.A., (x) Criminal Appeal - Cr.App., (xi) Tax Appeal - T.A.
Example:
1. Mr. S.Nayak of Goa has filed an appeal in Supreme Court challenging the ex-parte order passed by the High Court of Bombay at Goa for evacuation of his house on the alleged government land.
2. ABC Pvt Ltd has filed an appeal in the Calcutta High Court challenging the order passed by the GST Tribunal in Kolkata for reassessment of GST collected and submitted by the company for the 3rd quarter.
APPELLATE
Origin:
The word "appellate" is inspired from the Latin word appellāre, which means to summon, to address, to appeal. Later on during the Medieval Latin the word "appellātus" evolved, it is the past participle of appellāre. In the 18th century, the adjective "appellate" started getting used in late Middle English, which signified the jurisdiction of a court/judge to review the decision made by a lower court.
Meaning:
Simply, "appellate" means "of or relating to appeals". Example: an appellate court, appellate judges. An appellate court is a higher court that has the jurisdiction to review appeals on cases dealt earlier in lower courts, wherein the appellate court has the power to reverse or change the legal decision made by a lower court.
Abbreviation:
The abbreviation of "appellate" is "App." or "app.". In other situations, the abbreviation is different, such as, (i) ITAT for Income Tax Appellate Tribunal, (ii) CRAT for Cyber Regulations Appellate Tribunal, (iii) AB for Appellate Body, (iv) AA for Appellate Authority, (v) AC for Appellate Committee.
Example:
1. The Supreme Court i.e. the appellate court held that the condonation of delay in filing an appeal against the order of the Cuttack High Court is allowed for the civil suit no. 0123 of 2026.
2. The appellate bench of the Rajasthan High Court determined that the city civil court of Jaipur did not err in determining the liabilities of the defendants in misc. suit no. 1111 of 2026.
APPELLANT
Origin:
The etymology of the word "appellant" reveals that the word has its Latin roots, and later on, it was used in Anglo-French and English. The Old French word "appeler" means "to summon", "to call before a court". The late Middle English word "appellaunt" is the present participle of "appeler", where it means "the one who makes a charge in court".
Meaning:
An appellant is a person who appeals to a higher court/tribunal against the decision of a lower court/tribunal for any kind of modification in the lower court's decree/order or total cancellation of it.
Abbreviation:
The term "Appellant" is generally abbreviated as "app.".
Appellant's Opening Brief is abbreviated as AOB.
Example:
1. The appellant contested the decision of the Xyz district court by taking the matter to Abcd High Court.
2. The Abcd High Court decided in favour of the appellant and granted bail to him.
APPELLEE
Origin:
The earliest known use of the term "appellee" dates back to the 16th century. The word was borrowed from the Anglo-French was "appelé", which means "the accused". The Latin verb "apeler" or "appellare" were the primary words from which the word "appellee" evolved.
Meaning:
A person against whom an appeal is brought is called an "Appellee".
An appellee is generally a party who won in the lower court. That is why the opposite party wants to file an appeal against him.
Abbreviation:
The term "Appellee" can be abbreviated as "appee.". However, it is not commonly used.
The synonym of "Appellee" is "Respondent". Both the terms are often used interchangeably to refer to the party against whom an appeal is filed.
Example:
The appellee Mr. ABC has filed their counter reply before the court against the appeal filed by the appellant Ms. LKM.
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