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anand das (service)     09 February 2012

Slp vs civil appeal

What is difference between SLP and Civil Appeal in Supreme court?



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 2 Replies

I.S.Roy,Advocate (Advocate)     12 February 2012

Dear Sir,

A. APPELLATE JURI SDICTION

(i) A ppeals permitted under the Constitution

Article 132 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, decree or final order of a High Court, whether in civil, criminal or other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

Article 133 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from 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 in its opinion the said question needs to be decided by the Supreme Court.

Article 134 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court if (a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or (b) has withdrawn for trial before itself, any case from any Court subordinate to it and has in such trial convicted the accused and sentenced him to death or (c) it certifies that the case is a fit one for appeal to the Supreme Court.

 

(ii) A ppeal by Special Leave:

Article 136 of the Constitution of India, 1950 provides that the Supreme Court may in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case or matter passed or made by any Court or tribunal in the territory of India except the Court or tribunal constituted by or under any law relating to armed forces.

with regrds

ISRoy, Advocate 

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P.Padmanaabhan (advocate)     13 February 2012

dear anand, out of my personal expreience last year in filing an SLP in the Apex Court seeking  leave to file an appeal against an order of the High  Court of Judicatuer at Madras passed   in a civil revision pettion, the jurisdiction of the Supreme court undere Artcile 136 is of two fold- to entertain the alevg to appeal and if elave granted  then your appeal itself is taken on file  for disposal.. Thus if SLP is admitted undre Artcle  136, then notice and saty will be ordered. Else, if dismissed, the appelal is not acepetd. The lower court judgment is still intact. You may still fle a review in tghe high court itself. reda the following case for all details and to know the  difference between SLP and appeal and the consequences  of both. 

P.Padmanaabhan, advocate

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