Faqs On Procedural Law

1.    Where the High Court grants Certificate of Fitness under Article 132 (1), or Article 133 (1), or Article 135, what is the period of limitation for filing the appeal before the Supreme Court?

ANSWER: Articles 132(1), 133(1) and 134 of the Indian Constitution grants the ability to file an appeal before the Supreme Court of India by way of a certificate of fitness granted by any High Court in India on both civil and criminal matters. The Certificate of Fitness is granted by the High Court when it is convinced that the case involves a substantial question of law which in its opinion must be decided by the Supreme Court of India. For criminal proceedings, under Article 134, an appeal can be filed before the Supreme Court if the High Court has either reversed an order of acquittal of a person and sentenced him to death, or has withdrawn from trial in a case where the subordinate court has sentenced the accused to death, or if it finds the case fit for appeal in the Supreme Court.
As per Sections 132 and 133 of The Limitation Act, 1963, the limitation period to file an appeal before the Supreme Court is sixty days from the date of grant of certificate of fitness by the High Court.

2.    If a petition is filed by a minor, what are the procedural requirements to be followed ?

ANSWER: The concept of a suit by a minor is covered in the Order 32 of the Civil Procedure Code. As per the same, there are three ways in which a minor may file a suit. One way is through a 'next friend', who is an individual who has attained majority and is in some way related to the minor. Here, this 'next friend' may file the suit on behalf of the minor and act on behalf of him during court proceedings, and must act in good faith of the minor. If found otherwise, the next friend will be liable to pay damages.
Another way is through a suit without the next friend. Here, the defendant can apply for the plaint to be taken off the file, and the pleader who presented the case on behalf of the minor will be liable to pay damages. If the court is convinced that the minor had no intention to deceive, it may provide the minor with time to be represented by their next friend.
The third way is where the court appoints a guardian to represent the minor. Here, the court appoints a guardian for the suit ,who has no vested interest, and shall represent the minor throughout the whole litigation. The minor, on attaining majority may take steps to discharge this guardian.

3.    If a relevant and material document in support of a case has not been made a part of the record of the Court below,

• a.    Would you annex the document with the Special Leave Petition?
  ANSWER: No, the additional document should not be annexed with the Special Leave Petition. Only the documents and evidence which are already in the Court records must be included. The Supreme Court does not permit adding additional or new documents or evidence along with the Special Leave Petition. To file an additional document which was not part of the Court records, a separate application must be filed before the Court which states the reasons for not producing it before the Court and its necessity to be produced before the Court. It is completely upto the discretion of the Court to permit this document to be produced before it and therefore, the Court must deem the reasons stated to be convincing enough for the same. These procedures are stated in the Supreme Court Rules, 2013.
• b.    How would you introduce such a document for perusal before the Supreme Court?
  ANSWER: 
  Supreme Court Rules, 2013, states that only those documents must be added along with the Special Leave Petition which are already in the Court records. To produce new or additional documents or evidence which are not in the Court records, an Interlocutory Application has to be filed stating the reasons for not producing the said documents or evidence before the Court and its necessity to be produced before the Court. The reasoning given should be convincing enough for the Court as it is upto the Court to decide whether or not the document should be allowed to be produced before it.