LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

un_animous (.)     23 May 2013

Time for appeal

Hello Lawyers,

A district court passes a decree in favour of one party. Until how long can the other party file an appeal? I want to know the duration in days/months. And after how long is the other party not eligible for filing any appeal?

hanks



Learning

 8 Replies


(Guest)

30 days from the date of you recieving certified copy for going for an appeal.

Shantanu Wavhal (Worker)     23 May 2013

its 90 days

un_animous (.)     23 May 2013

Is there an  official citation where such time line is defined.  In CrPC/CPC or somewhere?


(Guest)

1.  Time period for appeal from Lower court Pune to High Court in Mumbai in a Criminal Case of 138 Cheque bouncing is  30 DAYS.   Such period starts from date of  receipt of certified  copies of judjement . the period between the date of decision & date of application for certified copy is included in the period of 30 days.meaning thereby that if the copy is applied on the date of judgement then the person will get full 30 days from the date of receipt of the certified copy. The period between the date of application of certified copy and the date of receipt of certified copy is excluded.


2.  For filing a Second Appeal before the High Court, limitation period is 90 days.


3.  Assuming your civil appeal dismissed in the high court, then you can move to the supreme court within 30 days of the order with leave to move to the supreme court.

4.  For appeal [sessions] it is thirty days (30 days) and for revision [HC] ninety days (90 days).



un_animous (.)     23 May 2013

Such period starts from date of  receipt of certified  copies of judjement . the period between the date of decision & date of application for certified copy is included in the period of 30 days.meaning thereby that if the copy is applied on the date of judgement then the person will get full 30 days from the date of receipt of the certified copy. The period between the date of application of certified copy and the date of receipt of certified copy is excluded."

Im sorry but I have not been able to understand the above. 

I understand that there are three dates:

a) date of Decision

b) date of application for certified copy

c) date of receipt of certified copy

When does the time period of 30 days start as per the above three events?


(Guest)
Originally posted by : un_animous

" Such period starts from date of  receipt of certified  copies of judjement . the period between the date of decision & date of application for certified copy is included in the period of 30 days.meaning thereby that if the copy is applied on the date of judgement then the person will get full 30 days from the date of receipt of the certified copy. The period between the date of application of certified copy and the date of receipt of certified copy is excluded."

Im sorry but I have not been able to understand the above. 

I understand that there are three dates:

a) date of Decision - date when order is passed.

b) date of application for certified copy -  when you apply for certified copy of that order which has been passed.

c) date of receipt of certified copy - suppose today is 23rd when order is passed and you apply for CC today itself and you get the actual CC on 30th of this month then that date becomes date of reciept of that CC.

When does the time period of 30 days start as per the above three events?  From the date you have recieved your CC provided you have applied for copy on the date of judgment itself.

Shantanu Wavhal (Worker)     23 May 2013

for decree passed under HMP sec 28

appeal period = 90 days

un_animous (.)     23 May 2013

When does the time period of 30 days start as per the above three events? From the date you have recieved your CC provided you have applied for copy on the date of judgment itself. Lets say the judge passes a decree today! i.e 23rd I apply for the cc on Monday the 27th I get a copy of cc on 30th. In this case I have not filed for cc on the same day of order. Now when does my 30 day period start.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register