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Section 35: Appeal against the judgment of the Claims Tribunal

Jharkhand Motor Accidents Claims Tribunal Rules, 2019State Rules of Jharkhand · 1988

(1) Subject to the provisions of sub-rule (2) any person aggrieved by an award of a Claims Tribunal, may within ninety days from the date of the award prefer an appeal to the high court;

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Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty five thousand rupees or fifty percent of the amount so awarded, whichever is less, in the manner directed by the High Court.

Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) No appeal lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees

(3) Every appeal against the judgment of the Claims Tribunal shall be preferred in the form of a memorandum signed by the applicant or the advocate duly empowered by him in this behalf, and presented to the High Court and shall be accompanied by a copy of the judgment.

(4) The memorandum shall set forth concisely and under distinct heads, the grounds of objections to the judgment appealed from without any argument or narrative, and such grounds shall be numbered consecutively.

(5) Save as provided in sub-rules (3) and (4) , the provisions of Order XLI XXI in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall mutatis mutandis apply to appeals preferred to High Court under section 173 of the Act.

Where this provision sits

ActJharkhand Motor Accidents Claims Tribunal Rules, 2019
Section35
Marginal noteAppeal against the judgment of the Claims Tribunal
JurisdictionState of Jharkhand
StatusIn force as published by the source

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