Hi All,
I wanted to understand what is the Certificate of Fitness of Appeal in lieu of HC and SC proceedings (esp so in case of Divorce case appeals)?
1) What is the Certificate of Fitiness of Appeal?
2) Is it mandatory to get this certificate from the High court to appeal in the Supreme court?
3) How easy/difficult is it to get this certificate from HC
4) What if the High court does not issue this certificate (on the grounds that it does not find the appeal to be fit on mertis)
Thanks a lot for your time!
Suhas
1. Is it Civil or Criminal matter?
2. Both have different procedure, fees, limitation hence asked.
1. An appeal may be filed against any judgment, decree or final order in a civil proceeding of a High Court if the High Court certifies that the case involves a substantial question of law of general importance and that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
2. The party making the appeal can urge as one of the grounds that a substantial question of law as to the interpretation of the Constitution has been wrongly decided.
3. The petition of appeal should be accompanied by 1 + 3 paper book copies of:
i certified copy of judgment and decree appealed from;
ii. certified copy of certificate granted by High Court; and
iii. a certified copy of the order granting the said certificate
4. The person filing an appeal is required to pay Court Fee as per the scheduled table of Court Fees whose index you may find in SC Rules Book (or even online).
5. The petition of appeal on the basis of the certificate by High Court have to be presented within 60 days from the date of grant of the certificate of fitness. But in computing the period of limitation, time spent in obtaining a copy of the certificate and the order granting the said certificates excluded. Furthermore, if the petition of appeal is delayed, the person filing the appeal may seek condonation of delay from the Supreme Court by explaining the reasons for the delay.
Thanks for all the information Mr Arun Kumar. Could you also answer the questions posted by me in this regard:
* Is it mandatory to get this certificate from the High court to appeal in the Supreme court?
* How easy/difficult is it to get this certificate from HC
* What if the High court does not issue this certificate (on the grounds that it does not find the appeal to be fit on mertis)
* Is it mandatory to get this certificate from the High court to appeal in the Supreme court?
No.
* How easy/difficult is it to get this certificate from HC
Very, very difficult.
* What if the High court does not issue this certificate (on the grounds that it does not find the appeal to be fit on mertis)
There is no need to ask the H.C. for certificate. You can file Special Leave petition against the High Court judgment in the S.C. If the court finds merit in your case, special leave petition notice will be issued on the opposite party. After their response, again the arguments are heard and if the court finds merit, your case will be turned into Appeal (Civil or Criminal - the procedure is the same) by making an order "special leave admitted" and appeal is listed for final argument at a later stage.
