Question

In which of the following cases, it was said that "unless a right of appeal is clearly given by statute it does not exist":

• A. M/s. Ram Narayan Pvt. Ltd. Vs Trading Corporation Ltd. A.I.R 1983 S.C. 786
• B. Raja Himanshu Dhar Singh Vs Addl. Registrar, A.I.R 1962 ALL. 439
• C. Zair Hussain Khan Vs Khurshed Jain (1906) I.L.R 28 ALL. 545
• D. Smt. Gangabai Vs Vijaya Kumar, A.I.R 1974, S.C 1126

Hint:

An appeal is always a statutory right—never assumed unless law provides it.

Answer 1

The Correct Option is C

Step 1: Legal principle.
The right of appeal is not inherent; it must be expressly conferred by statute.

Step 2: Case reference.
In Zair Hussain Khan Vs Khurshed Jain (1906), the court held that unless the statute clearly provides, no party can claim appeal as a matter of right.

Step 3: Application.
This principle is consistently followed by courts: appeal is a statutory right, not a natural right.

Step 4: Conclusion.
Correct case is (C).