Please advice about 406&409


Is there any possiblity to appeal against the judgement of lower court, before the high court after 10years to meet proper justice
 
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Lawyer

Appeal is the right of every citizen.

 
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Law Student

Hi, unfortunately, that won't be possible.

Article 115 of the Limitation's Act clearly lays down that if an appeal is to be filed against a judgement which is not an order of acquittal, the period of limitation to file such an appeal in the High Court would be 60 days. If you file it in any other court, it would be 30 days.

 
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N.A

Originally posted by : Indranil Bose
Is there any possiblity to appeal against the judgement of lower court, before the high court after 10years to meet proper justice

 

 

You can file the appeal with the Application of " Condonation of Delay".

In the said application You have to explain the court  as to what was the “sufficient cause” which means an adequate and enough reason which prevented you to approach the court within limitation.

In case if court found you to be negligent, or for want of bonafide on your part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay 

So, if you have strong reason only then go ahead.

 
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