Review petition
Querist :
Anonymous
(Querist) 28 November 2017
This query is : Resolved
If I want to file a review petition before district court then what shall be the time limit for that ?
Ms.Usha Kapoor
(Expert) 29 November 2017
The time limit for filling an appeal is mainly governed by "THE LIMITATION ACT, 1963" whereas appeal can also be considered with Sec 378 in CrPC, 1973 in criminal cases. So it may depend upon the case or the nature of offence and the courts where the case is running.
Art 137 of the Const. Of India provides that subject to provisions of any law and rule made under Art 145 the SC of India has the power to review any judgement pronounced (or order made) by it. Under Supreme Court Rules, 1966 such a review petition needs to be filed within 30 days from the date of judgement or order.
In criminal cases, the time frame to file the appeal is 30Days in lower courts & 90Days in high court but court can still consider the delay in case a valid reason is provided & court is agreed upon. In case of HMA (Hindu Marriage Act) as per Sec 28(4), HMA 1955, review petition should be filled within 90Days from the date of decree or order.
So again, it depends upon the nature of case, court & the conditions as well. There are special exceptions & exclusion of time in certain cases as per the said Act.
Appeal from an order of acquittal or review petition
under sub-sec (1) or sub-sec (2) of Section 417 in The Code Of Criminal Procedure, 1973 -- 90Days
under sub-sec(3) of Section 417 in The Code Of Criminal Procedure, 1973 -- 30Days
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P. Venu
(Expert) 29 November 2017
A review petition requires to be filed within 30 days of the receipt of the certified copy of the judgment; the delay could be condoned if sufficient cause is shown.
However, review petitions are seldom admitted and rejected, by circulation, at the admission stage itself.
Ms.Usha Kapoor
(Expert) 29 November 2017
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N.K.Assumi
(Expert) 29 November 2017
For what and Why Anonymous?
Dr J C Vashista
(Expert) 30 November 2017
Ungrateful anonymous author should have sent a "dislike" if s/he do not wish to prefer "like" for such a long frivolous lecture to impersonating expert.
