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Supreme Court Appeal

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Product Specifications

Filing Type	Legal Document
Format	Paper/Digital
Content	Legal arguments
Jurisdiction	Supreme Court
Appeal Type	Civil/Criminal
Preparation	Legal counsel
Usage	Filing a Supreme Court appeal against High Court decisions, special leave petitions (SLP) for legal challenges to lower court judgments.
Features	Legal recourse, Justice sought, Higher appeal

Product Overview

Key Features

SUPREME COURT APPEALS

A. On Certificate by High Court

B. SLP-Special Leave to appeal

The Supreme Court
is mainly an appellate court and can entertain appeals both in the
Civil and Criminal matters if certain specified requirements are met
with. The appeals may be filed against the judgment/order of the
various High Courts and as well as the Subordinate Courts.

A. APPEALS ON CERTIFICATE BY HIGH COURTS

CONSTITUTIONAL CASES

An appeal can be
filed against any judgment, decree or final order of a High Court in a
civil, criminal or other proceedings if the concerned High Court
certifies that the case involves a substantial question of law as to
the interpretation of the constitution. Where such a certificate is
given any party in the case may appeal to the Supreme Court on the
ground that any such question has been wrongly decided.

CIVIL CASES

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. However, no appeal can be filed from the judgment,
decree or final order of single judge bench of the High Court. 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.

Procedure

The party desirous of filing an appeal on a
certificate by High court as aforesaid is required to file a petition
of appeal in the court.
The Petition should contain concise information
regarding the proceedings in the Subordinate Courts and the High Court
in a chronological order with relevant dates and should as well state
the amount or value of the subject matter of the suit in the
Subordinate Courts, High Court and the Supreme Court.
The particulars showing the computation of the
said valuation have to be mentioned as well. However, where the appeal
is incapable of valuation, this fact has to be mentioned in the appeal
instead of the said valuations.
The petition of appeal should be accompanied by seven copies of:

a certified copy of judgment and decree appealed from;
a certified copy of certificate granted by High Court; and
a certified copy of the order granting the said certificate

<>In cases where the High Court has passed a
summary order (that is a brief order on a superficial level without
hearing the matter in details) or the High Court has not recorded the
reasons or grounds for granting the certificate and in certain appeals
in the Contempt Cases, four certified (or uncertified copies if such
copy is affirmed to be true copy upon affidavit) of the judgment or
order and decree of the subordinate Court are also required to be filed
with the petition of appeal.

Court Fee

The person filing an appeal is required to pay Court Fee as per the scheduled table of Court Fees.

Limitation

The petition of
appeal on the basis of the certificate by High Court have to be
presented within sixty 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.

CRIMINAL CASES

An
appeal can be filed against any judgment, final order or sentence of a
High Court in a criminal proceeding in following situations.

Firstly, if the concerned High Court has an
appeal reversed an order of acquittal of an accused person and
sentenced him to death. Imprisonment for life as to imprisonment for a
period of not less than ten years.
Secondly, if the High Court has withdrawn for
trial before itself any case from any of its subordinate courts and in
such trial has convicted the accused person and sentenced him to death
or to the imprisonment for life or for a period of not less than ten
years.
Thirdly, if the High Court certifies that the case is a fit one for appeal to the Supreme Court.
Lastly, a person convicted on a trial held by the
High Court in its extraordinary original criminal jurisdiction can also
appeal to the Supreme Court.
However no appeal can be filed by a convicted
person if the sentence, passed against him by the HC does not exceed
the term of 6 months as fine not exceeding 1000 as both such
imprisonment and fine.
The criminal appeal can be filed if the High Court disregarded or misapplied the established principles of criminal law.

Procedure

The memorandum of appeal should be in the form of
a petition and should contain concisely and as far as possible, in a
chronological order the principal steps in the proceedings from its
commencement in the subordinates courts till its conclusion in the High
Court.
The petition of appeal has to be accompanied by a
certified copy of the judgment / order challenged in the appeal and as
well the certified copy of the certificate of the High Court in case
appeal is filed on a certificate.
In cases where the High Court has passed a
summary order (that is a brief order without hearing the matter in
details) or where the High Court has not recorded reasons as grounds
for granting the certificate and in certain appeals in the contempt
cases 4 certified (or uncertified copies if such copies are affirmed to
be true copy upon affidavits of the judgment or order and decree of
the subordinate court are also required to be filed with the petition
of appeal.
Where the appellant has been sentenced to a term
of imprisonment, the petition of appeal is required to state if the
appellant has surrendered. If the appellant has not surrendered to the
sentence, the appeal cannot be registered unless the court on a written
application orders its registration where the appellant is in jail; he
may present his petition of appeal through the offices-in-charge of the
jail.

Court Fee

No court fee is payable in Criminal appeals.

Limitation

A Criminal appeal
in which a certificate has been granted by the High Court is required
to be filed within 60 days from the date of the said certificate. In
other cases, appeal is to be filed within sixty days from the date of
the judgment; final order or sentence appealed from.

But in computing
the period of limitation, the time spent for obtaining a copy of the
judgment as order appealed from or the time spent on obtaining the
certificate and order granting the certificate are excluded.

Again, if sufficient cause is shown, delay in filing the criminal appeal may be condoned by the Supreme Court.

BAIL PENDING APPEAL

The Supreme Court has same powers as the High Court for granting bail to the accused pending his appeal.

ABATEMENT

The Criminal
appeals in the Supreme Court would abate or continue at the death of
the accused on similar grounds as before the High Court.