90 or 60 days to appeal high crt order in apex crt
Amit
(Querist) 05 May 2014
This query is : Resolved
my matter got dismissed in high crt which was crim. wp division bench. so how in how manny days I have to challenge the order in the supreme crt of india . is it 60 days or 90 days. some lawyers are telling 60 days were as some lawyers are telling 90 days to file a SLP.Appeal.
Sankaranarayanan
(Expert) 05 May 2014
.The Rules Governing SLP are contained in order XVI of the Supreme Court Rules 1966. Under the said Rules, SLP can be filed against either the Order of High Court rejecting petition for Leave to Appeal to Supreme Court of India; i.e., on High Court refusing to grant Certificate of Fitness for Leave to Appeal to Supreme Court or against the Order/Judgment itself. It is also possible to file SLP against the Judgment of the High Court either in Writ Petition or in the Income-tax Reference. If the Petition is filed against the Judgment of the High Court, the time limit is 90 days from the date of Judgment/Order and if the Petition is filed against the Order of High Court refusing to grant Certificate of Fitness for Appeal, the time limit is 60 days from the date of Order refusing to grant Certificate. The above time limit is subject to the time taken for obtaining certified copy of the Judgment/Order; i.e., subject to Sections 4, 5, 12 and 14 of the Limitation Act, 1963
R.K Nanda
(Expert) 05 May 2014
repeated query.
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
Though the query was repeated, the opinion rendered by learned expert Mr. Sankar Narayanan are very proper and I agree with him.
