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Discussion > Civil Law > Appeals > Time limitation for filing appeal in High Court   Unanswered Threads Post New Topic

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There are 11 Replies to this message


Rajeev


owner
[ Scorecard : 62]
Posted On 31 August 2010 at 10:40 Report Abuse

Hi,

I want to know the time limit for filing appeal in high court. I have lost a case on 23/08/2010 in lower court. I want to make an appeal in high court. But the lower court is not providing final judgement to me. hence the certified copies are not received by me. Plz clarify me that from which date my time limit for appeal starts. i.e from the date of judgement or from the date of receiving certified copies. Thax



N.K.Assumi


Advocate
[ Scorecard : 21821]
Posted On 31 August 2010 at 11:00 Report Abuse

Limitation will run from the date of obtaining certified copy of the judgment.


Rajeev


owner
[ Scorecard : 62]
Posted On 31 August 2010 at 11:10 Report Abuse

Dear Sir,

time limitation is of 3 months or 6 months


Srinivas


Director
[ Scorecard : 500]
Posted On 31 August 2010 at 11:31 Report Abuse

Usually appeal should be filed within 30 days from the time you get certified copy

The appelette  court *may* condone delay with proper excuse


M.K.M.Vadodara


Legal Assistant
[ Scorecard : 55]
Posted On 10 September 2010 at 00:29 Report Abuse

Limitation period of 90 day's started after receiving copy of judgement.


V.G.Rao Advocate


Advocate
[ Scorecard : 479]
Posted On 10 September 2010 at 19:44 Report Abuse

Dear Rajiv, According to me, time to file appeal starts to run from the date of certified cpoy of judgment and decree made ready available to you  by central copying section.


Sugam Puri


Associate Advocate
[ Scorecard : 30]
Posted On 04 February 2012 at 14:04 Report Abuse

my question to all my seniors in the profession is that i have perused the CrPC and only section 378 provids for some limitation as regards to filing an appeal against an order of acquittal.

what i request from you is to bring it to my knowledge the period of limitation in filing a appeal on a order of conviction and where is it provided for?

thank you in advance.


mihir pathak


advocate
[ Scorecard : 22]
Posted On 21 June 2012 at 15:11 Report Abuse

Dear Mr. Sugam Puri


for your question, answer is in Limitation Act 1963, Division II, Appeal Section,

see Article 115

point (a) is for death sentence and

point (b) is for any other sentence, now therefore the conviction appeals are to be filed within sixty days to HC.

and second part of piont (b) talks about any order not being an order of acquittal.

i think this will satisfy your query.


jagadeesh kumar


advocate A.P high court
[ Scorecard : 32]
Posted On 24 June 2012 at 10:40 Report Abuse

the limitation starts from the date of judgement and from the date of availing the certified copy which ever is earlier in limitation and the days consumed for availing the certified copies shall be exempted from the limitation period.. 

                                jagadeesh kumar


K.Raj


Director
[ Scorecard : 36]
Posted On 15 July 2012 at 19:08 Report Abuse

DEAR PROFESSIONALS

 

OUR FAMILY MEMBER HAS FILED  OS IN 2002 AND IT WAS DISMISSED. BUT AGAIN THE SAME PARTY WAS FILING THE OS FOR THE SAME REASON BUT CHANGE IN ACTS AND  WHETHER IT IS PERMISSABLE IN LAW TO FILE SUCH TYPE OF SUITS WITH DIFFERENT ACTS FOR SAME CAUSE ?



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