Limitation on filing SLP
PLD
(Querist) 21 December 2010
This query is : Resolved
We got adverse order from High Court on 28th Sep. 2010
Applied for Certified copy on 11 Oct 2010 and got it on 16 Oct 2010
We can only file SLP in Supreme Court on 3rd Jan 2011 since SC Registry closes on 23/24 Dec 2010 for winter vacations
When does the 90 day period expire?
Will we be required to file delay condonation on 03.01.11 ?
Do we have to compulsorily give notice to opposite party if delay is there even for a few days or is it at the court's discretion?
Urgent Advice would be highly appreciated. Thanks.
s.subramanian
(Expert) 22 December 2010
The calculation is as follows:-
There has been a delay of 13 days in applying for copies. This has to be deducted form the period of 90 days. Hence you have 77 days time from 16.10.10 for filing the SLp. This expires on 1.1.2011. Since the court reopens only on 3.1.2011, there is no delay in filing. You can go ahead.
Raju Ramparag Gupta
(Expert) 22 December 2010
No need to file condonation of delay. You can file SLP on 03/01/2011.
PLD
(Querist) 22 December 2010
Dear Sirs,
Thank you for the valuable replies. Its a relief to know that we would not have to file condonation of delay on 03.01.2011
However as Mr. Shashikumar says that we have to give notice of filing to opponent, why do we need to do that if there is no delay?
To my limited legal knowledge, it is required in SC only in the event of delay. Please clarify.
Swami Sadashiva Brahmendra Sar
(Expert) 22 December 2010
3rd January will be last date for filing SLP. Delay condonation not needed.
Notice to Standing counsels of State/Statutory bodies is a precondition for filing the petition. Notices to private respondents will be sent after order of the court to that effect.
yogesh
(Expert) 22 December 2010
Kindly may file I.A for condonation of delay as Registry may advise you to do the same
File 2 page application along with affidavit and also mention on the covering page of paper book
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 December 2010
