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chandan (adv.chandanairen@gmail.com)     14 March 2022

Identical issue pending before Supreme Court as well as before High court

What Should High Court do if Identical issue is pending Adjudication before Supreme Court as well as before High Court.

kindly provide Citations.


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 2 Replies

Palak batra   16 March 2022

Dear Querist,

 

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.

 

Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Hon'ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction.

 

Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept.

 

Regards,

Palak

Adv. Om Narayan Pandey (Lawyer Supreme Court of India)     16 March 2022

Dear adv.,

in order to respond your quary, I need little more information i.e. which party do you represent ( for Petitioner or Respondent before HC or SC).

you may file an application before High Court praying for stay of case till the disposal of case pending before the Hon'ble Supreme court of India being identical in nature. or
you may you may file a Petition for transfer of case pending before the Hon'ble High Court, before the Hon'ble Supreme court of India as the identical case is being taken up before it.
for more details
you may contact me on onpandeyad@gmail.com or 9956486585

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