Special Leave Petition
Jasmeetsingh
(Querist) 21 January 2011
This query is : Open
Respected Sir/ Madam,
I had a case in which High Court had dismissed the Family Court Appeal on merits, but as per the appellant the divisional bench had not rendered the reasonable chance for appellant to being heard hence she wished to file Appeal to supreme court, Now I am cropped up with certain question; -
1) Whether is it Important to file a Petition to the High Court to obtain fitness certificate under Article 133 of constitution of India, even though 99.99% such petitions get dismissed?
2) Whether I can file SLP directly without submitting the petition to High Court for obtaining fitness certificate to appeal to supreme court of India?
3) which law/ rule permits me in doing above issue mentioned at no: 2?
Sir/ Madam,
as I have gone through the Supreme Court Rules, 1966 and reproduce the relevant rule herein below for your kind perusal:
THE SUPREME COURT RULES, 1966
ORDER XVI
APPEALS BY SPECIALLEAVE
1. Where 1[certificate of fitness] to appeal to the Court was refused in a case
by the High Court, a petition for special leave to appeal to the Court shall, subject
to the provisions of sections 4,5,12 and 14 of the Limitation Act, 1963 (36 of 1963)
be lodged in the Court within sixty days from the date of the order of refusal and in
any other case within ninety days from the date of the Judgment or Order sought to
be appealed from:
Provided that where an application for leave to appeal to the High Court from
the Judgment of a single Judge of that Court has been made and refused, in computing
the period of limitation in that case under this rule, the period from the making of
that application and the rejection thereof shall also be excluded.
Now in this rule what does "any other case within ninety days from the date of judgment or order sought to be appeal from" mean?
Hope that all my queries will be satisfied by the Respected members of this forum at the earliest point of time.
Always thankful to the forum
Jasmeetsingh.
