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Section 49: Appeals.

The Maharashtra Debt Relief Act, 1975State Act of Maharashtra · Act 3 of 1976

Notwithstanding anything contained in any other law,-

(1) an appeal shall lie-

(i) from every order made under sub-section (3) or (4) of section 27;

(ii) from every decision or order given or made under section 31;

(iii) from every declaration or order made under section 35;

(iv) from every declaration or order made under section 38;

(v) from every award made under section 41;

(vi) from every decision or order given or made under section 42, subject to the provisions of that section;

(2) an appeal from the Court shall lie-

(a) in Greater Bombay, from any order, decision, declaration or award made or given by the Court of Small Causes, Bombay, to a Bench of two Judges of the said Court, which shall not include the Judge who made or gave such order, decision, declaration or award;

(b) elsewhere, from any order, decision, declaration or award made or given by the Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887 (IX of 1887) or by the Court of any Civil Judge, to the District Court;

(3) every appeal under clause (1) shall be made within sixty days from the date of order, decision, declaration or award, as the case may be, provided that, in computing the period of limitation prescribed by this clause, the provisions contained in sections 4, 5 and 12 of the Limitation Act, 1963 (XXXVI of 1963), shall, as far as may be, apply;

(4) no second appeal shall lie against any order, decision, declaration or award of the Court under this Chapter.

Where this provision sits

ActThe Maharashtra Debt Relief Act, 1975
Section49
Marginal noteAppeals.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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