Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Adv.Sumeet (Process Specialist)     25 June 2013

Limitation to file an appeal against high court judgement

Hi,

I would like to know the time perid within which judgment of Hon'ble Chattisgarh High Court in a writ petition can be appealed in the Hon'ble Supreme Court of India?

The case i am talking about has been already heard by the full bench of Hon'ble Chattisgarh High Court in a writ appeal.



Learning

 4 Replies

Tarun Thakur (advocate)     25 June 2013

The special leave petition has to be filed within 60 days in case the certificate of fitness to appeal to Supreme Court is refused by the High Court. The period of sixty days is calculated from the date of the order of refusal by the High Court.

In other cases, the period of limitation is 90 days from the date of judgment or order challenged in the special leave petition. However, while computing the period of limitation, the period of time spent in making the application to seek certificate in the High Court till its rejection is to be excluded.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     25 June 2013

Dear Querist,

 

 

With regard to your query, may I say that 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.

 

The limitation is 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.

 

For the purpose of filing petition for special leave to appeal under Article 136 of the Constitution of India, its 90 days limitation.

 

Trust this would suffice.

 

 

Rabin Majumder

AoR

SC

 

New Delhi

1 Like

Arpit lalan (Legal Consultancy/Advocate)     02 July 2013

Agree in toto with Arjun and Rabin. The period of limitation is 90 days to apply for special leave under article 136 and 60 days from the date of Grant of Certificate of Fitness. Futher, in computing the Limitaion period the days that are required for obtaining the copy of the Certificate are to be excluded as rightly mentioned.

Amirallie shroff (Proprietor)     12 April 2015

Hello,

2 bench in supreme  Court has rejected the appeals within how many days 3 bench appeal has to file reply thanks.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading