Appeal to supreme court
sandeep sangwan
(Querist) 10 June 2012
This query is : Resolved
High court's certificate is necessary for appeal to supreme court(ART- 134A), and high court can't give certificate whenever the high court don't think that the question is related to, if the matter is;
A. ART- 132 CONSTITUTIONAL MATTER - (i) Constitutional Interpretation.
(ii) that any such question as aforesaid has been wrongly decided.
B. ART- 133 CIVIL MATTER - (i) Substantial question of law of general importance.
(ii) High court's opinion that the question needs to be decided by the supreme court.
C. ART - 134 CRIMINAL MATTER - (A) without a certificate - i.e. Art- 134(a),(b).
(B) with a certificate - Art- 134(c).
D. ART - 136 S.L.P - Special leave to appeal.
if we consider the above said essential for
appeal then a very few cases go to supreme court, but if someone's bail application is rejected by high court that party easily go to supreme court,How can any one go to appeal on petty issues so easily.
what is the ground to go to supreme court, and what the Art 134A say's(commentary on Art 134A).
Kiran Kumar
(Expert) 10 June 2012
for some good Academic exercise please refer to some Commentary book on Constitutional Law of India and the rules adopted by SC in this regard.
M/s. Y-not legal services
(Expert) 10 June 2012
whats your problem? if you post it mean our experts team may give opinions..
are you doing any legal analysis?
-tom-
R.K Nanda
(Expert) 10 June 2012
Academic query.
sandeep sangwan
(Querist) 11 June 2012
Respected seniors, i asked this query because i m think that in lots of cases the parties go to appeal and use it just for delaying tactics. Is it so easy to go on appeal? example - Nupur Talwar case, whenever she want, she go on appeal easily on very petty issues. I don't understand.
I m sorry,I don't know that only practical and professional queries can be asked here, not academic or knowledge improving queries.
and Tom sir sorry, i m not doing any legal analysis. I asked only when i don't know or where i m confused.
sorry & Thanks
sandeep sangwan
(Querist) 11 June 2012
Respected seniors, i asked this query because i m think that in lots of cases the parties go to appeal and use it just for delaying tactics. Is it so easy to go on appeal? example - Nupur Talwar case, whenever she want, she go on appeal easily on very petty issues. I don't understand.
I m sorry,I don't know that only practical and professional queries can be asked here, not academic or knowledge improving queries.
and Tom sir sorry, i m not doing any legal analysis. I asked only when i don't know or where i m confused.
sorry & Thanks
