INDIA Law and Practice Contributed by: Pravin Anand, Achuthan Sreekumar and Rohil Bansal, Anand and Anand
the date of filing. Further, an appeal before the Supreme Court would be by way of a Special Leave Petition. As per Section 133(C) of the Schedule to the Limitation Act, 1963, the limita - tions period for appeal is 90 days from the date of the judgment or order. It is also possible to appeal interim orders. 8.2 Factual or Legal Review Appellate courts in India are the Hon’ble Supreme Court and the various High Courts (25 in number). As a rule, appellate courts in India deal only with points of law. However, in certain cases where a question of fact was argued before the trial court but was still not considered by the judge, the appellate court can consider said fact. In Wander v Antox; 1990 Supp (1) SCC 727, the Supreme Court of India held that the appellate court will not interfere with the exercise of discre - tion of the court of first instance and substitute its own discretion, except where the discretion is shown to have been exercised arbitrarily, capri - ciously or perversely, or where the court ignored the settled principles of law. The appellate court will not reassess the material and seek to reach a conclusion different from the one reached by the court below, if the one reached by such court was reasonably possible based on the material. Under Indian law, review of an order is usually sought before the same judge who passed the order, and a petition seeking review of an order is allowed only if any of the following factors are proved: • the order had an error apparent on the face of it; and
• discovery of a new and important matter or evidence, which, despite the exercise of due diligence, was not within the knowledge of the party seeking review and could not be presented before the court when the order was passed. While exercising its review jurisdiction in North - ern India v Governor of Delhi; AIR 1980 SC 674, the Supreme Court of India held that a party is not entitled to seek a review of a judgment deliv - ered by this Court merely for the purpose of a rehearing and a fresh decision on the case. If a court feels that a certain issue must be decid - ed for the dispute to reach its logical conclusion, both parties can come to a common consensus, settle and thereby waive an issue, and the matter can proceed as regards the other issues. All appeals have to be filed physically (ie, on paper) followed by oral arguments from both sides before a final order is passed. The Supreme Court of India Rules, Orders XLVII and XLVIII state that certain proceedings before the apex court, such as a review petition and curative petition, would not entail a physical hearing unless specifically directed by the court. 9. Criminal Offences 9.1 Prosecution Process, Penalties and Defences In the case of trade secrets theft, a complaint can be filed before either the concerned magis - trate or police officer, for the following offences. • Theft – Section 303(2) of the Bhartatiya Nyaya Sanhita, 2023, with imprisonment of either
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