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Lawstudent (Student)     22 March 2011

REVIEW OF DISMISSED PETITION U/S SEC 28 HMA

 A petition under sec 28 HMA has been dismissed by a High Court.

What are the options available ???

- To appeal to Double Bench at same High Court or

 - To move Supreme Court ???



Learning

 4 Replies

Damayanti (Unemployed)     22 March 2011

Yes. Second appeal in HC

OR SLP at SC

1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     22 March 2011

Dear Querist,

 

You may prefer second appeal in same HC which would be heard by the Hon'ble DB of same HC.

 

Or, under Article 136 of the Constitution of India, you may also prefer Special Leave to Appeal in Hon'ble SC.

 

However, its advisable if you choose first option as first and not the last one as first.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

No. 91, Sh AK Sen Chambers Block-'C'

Supreme Court of India

New Delhi - 110001

2 Like

Damayanti (Unemployed)     22 March 2011

Is it allowed or is it possible to file the appeals/caveats/Affidavits  etc at HC or SC by post?

Kirti Kar Tripathi (lawyer)     29 March 2011

if appeal  was against, the judgment of Family Court, you can file Second appeal but if was against the order of the Civil Judge,  You can file only SLP as remady of second appeal will not be available.

1 Like

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