Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Appellate Court’s Power of Re-Appreciation
Jurisdictional & Appellate Practice Terms
Definition
The statutory authority of a first appellate court (under Section 96 CPC or Section 374 CrPC) to independently evaluate, review, and weigh all oral and documentary evidence on record, disagreeing with the trial court's factual findings if necessary.
Example
In a regular first civil appeal, the High Court re-reads the depositions of three key witnesses, analyzes the cross-examination, and reverses the trial court’s finding of fraud, holding that the trial judge misread the evidence.