Who is responsible for appealing in higher court?

Advocate A M Iktear Uddin (anik) Answered: 04 Mar 2025

In cases under the PCPNDT Act, if an officer was initially authorized by the District Commissioner (DC) but later had their authorization withdrawn, the authority to appeal typically rests with the DC or the appropriate government body overseeing the implementation of the Act. Since government officers act in their official capacity, the appeal process is generally handled by the department that initiated the complaint. If the lower court ruled in your favor, the decision to appeal would likely be taken by the DC or the relevant public authority, not the previously authorized officer in their personal capacity. However, specific rules and procedures may vary based on jurisdiction and administrative directives. For Further Assistance, Contact the Lawyer.

Advocate Ayantika Mondal Answered: 21 Jan 2025

Under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, the Appropriate Authority (District Commissioner) who delegated the power remains responsible for filing appeals, regardless of the withdrawal of authorization from the officer who initially filed the complaint. The Supreme Court has clarified in various judgments that since the officer acted in their official capacity under valid authorization at the time of filing the complaint, subsequent withdrawal of authorization doesn't affect the case's continuity, and the responsibility for appeals lies with the primary Authority (District Commissioner).

Advocate By LEAD INDIA Answered: 20 Jan 2025

Sir, in your case, when one party wins and the other party loses a case in court, the losing party has the right to file an appeal or challenge the order in a higher court. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.