Difference between slp & appeal and its time limits
sudhakar s. yeradkar
(Querist) 15 June 2012
This query is : Resolved
Dear Sir,
Once again I would to have your expert opinion/advise on below.
1)It is a case of Real Estate (Property)disputes & Hon'ble High court has been passed order against petitioner on 29.03.2012.
The Petitioner intend to go for SLP within next 15 days.
Question: In case SLP rejected by Hon'ble Supreme court then...
Can Petitioner file an Appeal before supreme court & what is the time limit?
Please advise
Thanks in advance.
Sudhakar Yeradkar
Adv.R.P.Chugh
(Expert) 15 June 2012
In case SLP is rejected the only option remains REVIEW and CURATIVE - which are successfull only one in thousands of cases. Practically after SLP gets dismissed - there is a very less chance of it reopening.
R.K Nanda
(Expert) 15 June 2012
First file Letters Patent Appeal in high court before two or more judges bench.
SLP in Supreme court is the last remedy.
Nu.Delhi.Law.Fora.
(Expert) 15 June 2012
Dear Sir,
Since the impugned Order dt. 29.03.2012 passed by the High Court, you have limitation of 90 days from the date of Order/receipt of certified copy of the Order under appeal, as applicable, which may expire during vacation of the Hon'ble SC and you may file SLP on or before 2nd July 2012.
As advised by Ld. Sh. Nanda, you may prefer filing LPA/Writ Appeal as applicable before the said HC. However, if the impugned Order dt. 29.3.2012 was passed by Division Bench of HC, only SLP is the remedy.
Please file the SLP soon, of course taking grounds & question of laws firm.
Best of luck.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi.
Parveen Kr. Aggarwal
(Expert) 15 June 2012
SLP is a 'Special Leave Petition'seeking leave of the Hon'ble Supreme Court to appeal against the Order passed by High Court. In case the SLP is dismissed, the Supreme Court refuses to grant leave to appeal.
So no appeal after dismissal of the SLP.
Limitation for filing SLP is 90 days from the impugned order after of course excluding the time spent in obtaining certified copy.
Shonee Kapoor
(Expert) 20 June 2012
No, he can not file an appeal thereafter.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
