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Lanitis Bros. Ltd. v. The Municipal Corporation of Limassol. (1972) JSC 1168 Generato dall'IA

Court grants extension for late appeal filing due to unavailable records and allows amendment of grounds.

Numero d'incarto Lanitis Bros. Ltd. v. The Municipal Corporation of Limassol. (1972) JSC 1168
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Accolto (Allowed)
Apri la fonte ufficiale Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The court granted an application for an extension of time to file a criminal appeal because the appellant could not prepare full grounds without access to the judgment and record. The appellant filed a provisional notice within the statutory limit, and the respondent's counsel raised no objections to this procedural delay. Consequently, the court permitted the filing of a complete appeal within seven days and confirmed the right to amend grounds before the hearing.

Regesto Legislator

Generato dall'IA

Section 134 of the Criminal Procedure Law, Cap. 155; Rule 24 of the Criminal Procedure Rules: An extension of time for filing an appeal may be granted where the appellant is unable to prepare full grounds due to the non-availability of the record and judgment, and the grounds of appeal may be amended before the hearing date.

Parole chiave

Generato dall'IA
extension of time filing appeal unavailable records amendment of grounds criminal procedure rules provisional notice no objection raised diritto di ottenere una decisione

Disposizioni normative citate

Generato dall'IA
Section 134 of the Criminal Procedure Law, Cap. 155
Criminal Procedure - Appeal - Time - Extension of time to file appeal - Section 134 of the Criminal Procedure Law, Cap.
Rule 24 of the Criminal Procedure Rules
Registrar and delivering a copy thereof to the respondent- Rule 24 of the Criminal Procedure Rules.
Generato dall'IA
CY-AAD-meros_2-1972-rep-1972_2_0100
Supreme Court allows extension of appeal time due to unavailability of judgment and record.
αρ. 29/2008
Supreme Court dismisses certiorari application for refusal of leave to file supplementary sworn statement.
Αρ. 64/96
Supreme Court dismisses certiorari application where court exercised discretion to reject non-prosecuted application.
CY-JSC-1969-1969_1057
Court treats late appeal notice without grounds as time extension application under Order 35 rule 4.
CY-AAD-meros_1-1996-rep-1996_1_0743
Supreme Court dismissed certiorari for refusal of writs due to applicants' failure to appear and prosecute the request.

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Testo completo

[*1168] 1972 September 15

(THIANTAFYLLIDES,P., HADJIANASTASSIOU,A.LOIZOU JJ.)

ORIGINAL JURISDICTION

Lanitis Bros Ltd.,

Applicants,

v.

The Municipal Corporation of Limassol,

Respondents.

(Criminal Application No.2/72).

Criminal Procedure - Appeal - Time - Extension of time to file appeal - Section 134 of the Criminal Procedure Law, Cap. 155 - Application for extension filed within the time allowed for filing an appeal - On the ground of inability to file notice of appeal with full grounds due to the non-availability of record and judgment - Counsel for respondents not objecting - Application granted.

Criminal Procedure - Practice - Appeal - Criminal Appeal - Grounds of Appeal - It is always possible to amend the grounds stated in the notice of appeal, before the date of hearing, by giving notice to that effect to the Chief

Registrar and delivering a copy thereof to the respondent- Rule 24 of the Criminal Procedure Rules.

Criminal Appeal - Grounds of Appeal

- Amendment - See under "Criminal Procedure".

Grounds of Appeal - Criminal Appeal

- Amendment - See under "Criminal Procedure".

L. Olymbiou, (Mrs), for the Applicants.

A. Moushouttas, for the Respondents.

RULING

The following ruling was delivered by: -

TRIANTAFYLLIDES, P.: In this case counsel for [*1169] appellants did not file in time the notice of appeal in the District Court of Limassol, which was the trial Court, because there were not yet available copies of the judgment and of the record of proceedings and, in the circumstances, she could not prepare a notice of appeal containing in full all the grounds relied on; she applied, instead, within the time allowed for filing an appeal, for an extension of such time and she attached to her application a provisional notice of appeal in general terms,

In a situation such as the present one, and as, also, there is no objection on the part of counsel for the respondents, we have found no difficulty in granting an extension enabling the appellants to file a notice of appeal in the District Court of Limassol within seven days from today.

We would like to point out that under rule 24 of the Criminal Procedure Rules it is always possible for an appellant to amend the grounds stated in the notice of appeal, before the date of the hearing, by giving notice to that effect to the Chief Registrar and delivering a copy thereof to the respondent; so there was nothing to prevent counsel for the appellants from filing within time in the Limassol District Court a notice of appeal framed in general terms and amending it later on receipt of copies of the judgment and of the record of proceedings.

Application granted.