Timeframe to appeal against single bench judgement
Raj Kumar
(Querist) 17 November 2017
This query is : Resolved
Hi sir,
My name is Raj Kumar. I won the case (7015/16) in Honourable high court of Delhi on 30 of October.
In this case the judge reserved the judgement on 23 May 2017 and delivered it on 30 October 2017.
Judgement came in my favour, and the Judgement directed my employer to issue the offer of appointment within four weeks. Although four weeks yet to completed, but when I asked the HR department of my employer about the further process, they said that have no idea about this.
Is it possible? They must have received the judgement copy. Also I have intimated them by email and also sent them hard copies of the judgment.
In case they go before divisional bench , what is the timeframe to appeal before divisional bench?
Ms.Usha Kapoor
(Expert) 18 November 2017
You file a caviat u/s 148 A CPC in order to know what proceedings your opposite parties are filing or appealing against you to give a prior notice to you before filing further proceedings.Let uds examine the provision of Caviat u/s 148 CPC:
Sub Section (1)
Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
*Ins. by Act No. 104 of 1976, sec. 50 (w.e.f. 1-2-1977).
Sub Section (2)
Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).
Sub Section (3)
Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.
Sub Section (4)
Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator's expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.
Sub Section (5)
Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
Dr J C Vashista
(Expert) 18 November 2017
Wait and watch for 90 days, however, consult your lawyer who is well acquainted with the facts of the case.
Guest
(Expert) 18 November 2017
Rightly advised by Ms. Usha kapoor.
Ms.Usha Kapoor
(Expert) 18 November 2017
If you appreciate my answer please give me likes.
Rajendra K Goyal
(Expert) 18 November 2017
Agree with the advice from expert Dr. J.C. Vashishta.
Dr J C Vashista
(Expert) 19 November 2017
Thank you Mr. Rajendra K Goyal ji for agreeing with me.
Raj Kumar
(Querist) 24 November 2017
Thanks Ms Usha Kapoor thanks Dr JC vashista and all other experts for answering my query.
