Online appeal to supreme court

Querist : Anonymous (Querist) 04 September 2011 This query is : Resolved
How to file online (criminal appeal) cases by a party in person? Please give the detailed procedure?
How the cases are being conducted by the SC when the party in person does not appear during the hearing?

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Isaac Gabriel (Expert) 04 September 2011
Refer e-filing in the supreme court web site

prabhakar singh (Expert) 04 September 2011
Expert : Isaac Gabriel is right

Querist : Anonymous (Querist) 04 September 2011
I have gone through the filling. It says about the filing procedure introduction only.

How the hearing will be conducted in the SC when the party in person does not appear. Is there any exemption is allowed. Any amicus curie will be appointed.

R.Ramachandran (Expert) 04 September 2011
All of you are having a misconception about the term 'amicus curie'. Amicus curie is a friend of the court to assist the court, not to assist any petitioner or a defendant.

So the question of any amicus curie being appointed to assist a party is completely ruled out.

Once a matter if filed through E-filing system without any defects, then the matter will come up for admission. Normally the cases are not admitted in SC unless the Court finds any substantial question(s) of law involved in the case which in the opinion of the court needs to be considered by the court. Therefore, it will be in the interest of the party which prefers a case before the SC to be present in person or to be represented by an Advocate to press for admission of the case. Many cases do not get admitted even when an Advocate is present and pressing for its admission. In such a situation one can imagine what will be the fate of the case when one is not present at the time of admission of the case.

Once the case stands admitted, then notice will be issued to the opposite party to file counter etc. Thereafter the matter will come up for final hearing. At that time, even when the party(ies) are not present, the court will decide the matter on merits and dispose of the same.

prabhakar singh (Expert) 04 September 2011
nothing left unexplained.

Raj Kumar Makkad (Expert) 04 September 2011
Nothing remains to be added in the wise advice of Ramachandran.

Querist : Anonymous (Querist) 04 September 2011
Thank you Mr.Ramachandranji. I am fully enlightened.

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