Principle

APPELLATE PRACTICE β€” Suo Motu Decision β€” Power of Appellate Court to Raise Points Suo Motu β€” Procedural Requirement for Hearing Parties Before Making Order Not Sought

Area of law
APPELLATE PRACTICE
Court
Supreme Court

An appellate court may raise points on its own motion, but this power is exercised sparingly and only in exceptional circumstances. The court must give parties the opportunity to address the point before deciding. Failure to do so violates fair hearing. The principle applies to…

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