an appellate Court has the same power arising in the appeal before it,
n Jugal Kishore Bhadani Vs. Union of India (5), the Court observed:— “It is well established principle of law that, unless the statute otherwise provides, an appellate Court has the same power of dealing with all questions, either of fact or of law, arising in the appeal before it, as that of the Court whose Judgement is the subject of scrutiny in the appeal”