Appeal in Supreme Court

ADVOCATE

 

 Dear Sir,

I have to face a reverse order from High Court of Kerala in a writ petition filed my neighbour.I want to go for an appeal in Supreme Court.

1) Can I file an appeal against the writ in SC ?

2) Can I file a new writ against the order of HC ? or

3)Is it possible for me to go for a special leave petition ?

Pl advice.

 

Jagan

 

 

 

 

 

 
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Lawyer

SLP in Supreme Court. Most probably Article 134 of the Constitution of India.

 
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if you are aggreived by the order of High Court in writ petition, then an writ appeal lies before same high court


if the order is on writ appeal, then to challenge the order an SLP in Supreme court

 
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  IF THE IMPUGNED ORDER IS PASSED BY SINGLE BENCH IN ARTICLE 226 OF CONSTITUTION OF INDIA IT IS APPEALLABLE BEFORE THE SAME HIGH OURT AS SPECIAL APPEAL. IF IT IS PASSED BY DIVISION BENCH THEN S.L.P. WILL LIE BEFORE APPEX COURT.

 
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It's article 136 (SLP)

 
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Advocate

If the Writ order is by Single Judge, most of the High Courts rule have provision of Letter Patent Appeal beforea division bench, where u can file appeal.


If that provision is not there, or the order is by a division bench, u can prefer a special leave petition before Supreme Court under Article 136 of the Constitution of India.

 
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ADVOCATE

Dear All,


Thank you for your kind advice.However I decided to file a SLP in Supreme Court.As the case is disposed under A.227 it is not possible to file a writ appeal.


Jagan


 

 
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urologist &legal studies

completely discussed.against order passed by single bench in writ jurisdiction 226 appeal lies with the division bench of same high court.slp lies against order of div bench.if court refuses limitation period is 2 months. otherwise 90 days .pl note this is most imp.

 
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