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windowsxp   15 April 2017

Judgement date or decree date considered for appeal

Dear experts,

i learned 3 months was the time period to appeal in high court once divorce pronounced, some says count starts the day decree announced and CC issued, i received CC copies on 2nd March.

how this 3 months calculated in below case.

Judgement came on 8th feb 17

decree issued on 1st Mar 17.

so May 8th will be the dead line to appeal or June 1st.

 

Regards,

Bhogesh

 



Learning

 7 Replies

Sachin (N.A)     15 April 2017

Calculation will be 90 days from the date of judgement and time taken in getting certified copies will be subtracted from the total time.

 

 

phinehas martin   15 April 2017

An appeal to the Jurisdictional High Court as the limitation period is 90 days from the date of pronouncement of Judgment. 

 

windowsxp   15 April 2017

Hi Sachin,

Calculation will be 90 days from the date of judgement and time taken in getting certified copies will be subtracted from the total time.

Read more at: https://www.lawyersclubindia.com/forum/Judgement-date-or-decree-date-considered-for-appeal-148890.asp

i didnt understand  your statement, usually if we apply for CC usually the staff give 10-15 days and ask us to come after 15 days, but if a lawyer applies for CC chances of getting on same day also possible.

so suppose as per the receipt if they give after 15 days then 90+15, should i wait for 105 days??

 

Regards,

Bhogesh

 

Sachin (N.A)     15 April 2017

Originally posted by : windowsxp

Hi Sachin,

Calculation will be 90 days from the date of judgement and time taken in getting certified copies will be subtracted from the total time.
 

i didnt understand  your statement, usually if we apply for CC usually the staff give 10-15 days and ask us to come after 15 days,

but if a lawyer applies for CC chances of getting on same day also possible.

so suppose as per the receipt if they give after 15 days then 90+15, should i wait for 105 days??

 

Regards,

Bhogesh

 

 

As per law appeal period is 90 days but for appeal the appeallate party must have certified copy of impugned judgement. So, time taken by copying agency must be deducted from total period.

I don't agree that lawyer can get the ceritified copy in less time than party

When you apply for certified copy they mention the date of apply and expected date of delivery and if they don't give the copy in time copying agency will put next date of delivery

So, if one applies for copy of judgement and it took 7 days for getting certified copy. then these 7 days will be deducted from total time i.e date of judgement and date of appeal

 

windowsxp   17 April 2017

Oky thank you, so 90 days is meaning less, we have to add 15 days extra, so waiting time is 105-110 days. I don't know why court allow deduction, addition, 90 days is ample time and it is party responsibility to get cc and appeal before 90 days. Do court consider any holidays and deduct tht as well?

sai narayana   26 April 2017

If the end of the limitation falls on non-working day, you can file on immediate next working day.

sai narayana   26 April 2017

It's not waiting period, it's enabling or relaxation period to have some time to understand the judgment/decree and to analyse what to do and what not to do, and also for legal drafting etc.


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