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Rajeev (owner)     31 August 2010

Time limitation for filing appeal in High Court

Hi,

I want to know the time limit for filing appeal in high court. I have lost a case on 23/08/2010 in lower court. I want to make an appeal in high court. But the lower court is not providing final judgement to me. hence the certified copies are not received by me. Plz clarify me that from which date my time limit for appeal starts. i.e from the date of judgement or from the date of receiving certified copies. Thax



Learning

 10 Replies

N.K.Assumi (Advocate)     31 August 2010

Limitation will run from the date of obtaining certified copy of the judgment.

Rajeev (owner)     31 August 2010

Dear Sir,

time limitation is of 3 months or 6 months

Srinivas (Director)     31 August 2010

Usually appeal should be filed within 30 days from the time you get certified copy

The appelette  court *may* condone delay with proper excuse

M.K.M.Vadodara (Legal Assistant)     10 September 2010

Limitation period of 90 day's started after receiving copy of judgement.

V.G.Rao Advocate (Advocate)     10 September 2010

Dear Rajiv, According to me, time to file appeal starts to run from the date of certified cpoy of judgment and decree made ready available to you  by central copying section.

Sugam Puri (Associate Advocate)     04 February 2012

my question to all my seniors in the profession is that i have perused the CrPC and only section 378 provids for some limitation as regards to filing an appeal against an order of acquittal.

what i request from you is to bring it to my knowledge the period of limitation in filing a appeal on a order of conviction and where is it provided for?

thank you in advance.

mihir pathak (advocate)     21 June 2012

Dear Mr. Sugam Puri


for your question, answer is in Limitation Act 1963, Division II, Appeal Section,

see Article 115

point (a) is for death sentence and

point (b) is for any other sentence, now therefore the conviction appeals are to be filed within sixty days to HC.

and second part of piont (b) talks about any order not being an order of acquittal.

i think this will satisfy your query.

jagadeesh kumar ( advocate A.P high court)     24 June 2012

the limitation starts from the date of judgement and from the date of availing the certified copy which ever is earlier in limitation and the days consumed for availing the certified copies shall be exempted from the limitation period.. 

                                jagadeesh kumar

K.Raj (Director)     15 July 2012

DEAR PROFESSIONALS

 

OUR FAMILY MEMBER HAS FILED  OS IN 2002 AND IT WAS DISMISSED. BUT AGAIN THE SAME PARTY WAS FILING THE OS FOR THE SAME REASON BUT CHANGE IN ACTS AND  WHETHER IT IS PERMISSABLE IN LAW TO FILE SUCH TYPE OF SUITS WITH DIFFERENT ACTS FOR SAME CAUSE ?

V.G.Rao Advocate (Advocate)     12 August 2012

hi Rajeev,

I am from Hyderabad, basically time for filing appeal from junior/munsiff  courts to districts courts is 30 days from the date of certifed copy made ready date, but not from the date of obtaining the certifed copy Ex ; if u applied for the certifed copy on 09/07/2012 i.e on the date of Judgment day, and if the said certifed copy  made ready on 09/08/2012 and if you obtain the said copy on 20/08/2012 in stead of 09/08/2012, the time for filing appeal runs from 09/08/2012 but not from20/08/2012, and for filing appeal to any High court to my knowledge it is ninety days from the date of certified copy made ready, but not from the date of obtaining the certified copy of the judgment.


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