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Rajinder Kumar (ऐसा)     29 October 2022

Time to file slp in supreme court

My civil writ petition has been dismissed by himachal high court. I want to file SLP now against this dismissal of writ petition. In how many days, I should file it? ie what is maximum time to file SLP?



Learning

 2 Replies

Amit Tiwari   29 October 2022

within 90 days
1 Like

Dr J C Vashista (Advocate)     30 October 2022

Have you been issued certificate under Article 134A of the Constitution of India, 1949 ?

If so, it is 60 days.otherwise 90 days.

Supreme Court Rules, 2013 prescribe limitation as under:

For filing cases in Supreme Court, in most of the cases, there is a limitation period prescribed under various acts. The following are the limitation period for filing case in Supreme Court.

Name of Case                                               Limitation Period

Writ Petition (Civil)                                           No limitation

Writ Petition (Criminal)                                     No limitation

Writ Petition (Criminal)                                     No limitation

Transfer Petition (Civil)                                     No limitation

Transfer Petition (Criminal)                               No limitation

Election Petition                                                  30 days from the date of publication of declaration of the name of the returned candidate.

Original SuitAs per Limitation Act

Petition for Special Leave to Appeal (Civil)(i) 90 days from the date of the impugned order.

(ii) 60 days from the date of refusal of certificate of fitness to appeal.

Petition for Special Leave to Appeal (Criminal)
 (i) 60 days from the date of the impugned order in cases involving sentence of death.

(ii) 60 days from the date of refusal of certificate of fitness to appeal.

(iii) 90 days from the date of the impugned order excluding cases involving sentence of death.

Civil Appeal by Certificate of fitness under Articles 132(1) and 133(1) of the Constitution60 days from the date of grant of certificate of fitness to appeal

(i) Criminal Appeal by Certificate of fitness under Articles 132(1) and 134(1)(c) of the Constitution(i) 60 days from the date of grant certificate of fitness to appeal.

(ii) Criminal Appeal under Article 134(1)(a) and (b) of the Constitution or under any other provision of law of Criminal Appellate Jurisdiction) Act, 1970

 (ii) 60 days from the date of judgment, final order or sentence.

Appeal under Section 2 of the Supreme Court (Enlargement 60 days from the date of the judgment, final order or sentence.

 

 

Name of CaseLimitation Period

Appeal under Section 10 of the Special Court (Trial of Offences relating to Transactions in Securities) Act, 199230 days from the date of the order

Appeal under Section 38 of the Advocates Act, 196160 days from the date of communication of the order

Appeal under Sections 23 and 27A of the Consumer Protection Act, 198630 days from the date of the impugned order

Appeal under Section 116A of the Representation Act, 195130 days from the date of the order

Appeal under Section 130E of the Customs Act, 196260 days from the date of the order passed by the High Court certifying the case to be a fit case for appeal to Supreme Court or the order passed by the Customs, Excise and Service Tax Appellate Tribunal.

Appeal under Section 35L of the Central Excise and Salt Act, 194460 days from the date of the order passed by the High Court certifying the case to be a fit case for appeal to Supreme Court or the order passed by the Customs, Excise and Service Tax Appellate Tribunal.

Appeal under Section 261 of Income Tax Act, 196160 days from the date of the judgment delivered by the High Court certifying it to be a fit case for appeal to Supreme Court

Appeal under Section 19(1)(b) of Contempt of Courts Act, 197160 days from the date of the order

Appeal under Section 15Z of Securities and Exchange Board of India Act, 199260 days from the date of the communication of the decision

Appeal under Section 18 of the Telecom Regulatory Authority of India Act, 199790 days from the date of decision

Appeal under Section 53T of the Competition Act, 200260 days from the date of decision

Appeal under Section 125 of Electricity Act, 200360 days from the date of communication of the decision/order of the Appellate Tribunal

Appeal under Section 29 of the Wealth Tax Act, 195760 days from the date of impugned order

Appeal under Section 22 of the National Green Tribunal Act, 201090 days from the date of communication of the award, decision or order of the Tribunal

Appeal under Section 423 of the Companies Act, 201360 days from the date of receipt of order of the Appellate Tribunal

Appeal under Section 30 of the Armed Forces Tribunal Act, 200790 days from the date of final decision/order passed by the Tribunal
60 days from the date of order of the Tribunal in exercise of its jurisdiction to punish for contempt

Appeal under Section 31 of the Armed Forces Tribunal Act, 200730 days from the date of order passed by the Tribunal

Appeal under Section 31 of the Airport Economic Regulatory Authority of India Act, 200890 days from the date of decision/order appealed against

Review Petition30 days from the date of order sought to be reviewed

Note
(1) Notwithstanding anything contained to the contrary, the provisions of the Limitation Act do not apply to a curative petition. However, as per Order XLVIII Rule 3 of the Rules, it shall be filed within reasonable time from the date of judgment or order passed in the review petition.

(2) Where any particular number of days is prescribed by the Rules, or is fixed by an order of the Court, in computing the same, the day from which the said period is to be reckoned shall be excluded, and, if the last day expires on a day when the Court is closed, that day and any succeeding days on which the Court remains closed shall also be excluded.

 

 

 

 

 

 

  

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