In the case of Shankar vs Chandrakant , it was held that further inquiries are conducted with respect to the preliminary decree, the rights of the parties are fully determined and decree is passed in accordance with such determination which is final.
The issue of a decree being partly preliminary and partly final comes when the Court decides two questions by the same decree. Thus, in one issue is resolved in toto but the other issue is left to be resolved in the further proceedings. The High Court under Article A , issue a certificate of appeal to the Supreme Court if it finds that there is a substantial question of law that is involved. The High Court can issue the certificate for appeal under two conditions:.
Hence no interlocutory orders could be passed. Moreover, the test whether the order is final or not will depend on whether the controversy in the case is resolved or not. Under this Article, the party could plead in the Supreme Court, that the question of law decided by the lower court, wrongly interpreted.
One of the prime identification, of the substantial question of law, is to test whether the question would benefit the general public. Furthermore, the High Court should be of the strong opinion that the particular question of law is of grave importance and hence should be decided by the Supreme Court only. Another reason for this could be the lack of competency of the High Court to consider the issues involved in the particular case. Under Article , it is stated that the High Court grants a Certificate of Fitness to the party, so as to make the other party competent to file an appeal in the Supreme Court.
The certificate could be granted on two conditions:. As per the 44th report of Law Commission of India , granting of the certificate of appeal to the Supreme Court should not be taken lightly. The certificate should be granted only when the High Court finds it extremely difficult to decide the matter itself or in exceptional circumstances. It is important to note that exceptional circumstances do not mean the high monetary value of the suit.
Moreover, the High Court is in a better position to adjudicate matters involving within the state, as it is well versed with situation prevalent there, hence ordinary civil jurisdiction relating to the state matters must be dealt by the High Court itself.
Special leave petition SLP means that an individual takes special permission to file an appeal against any verdict of the lower court. Thus it is not an appeal but a petition filed for an appeal. SLP shall then become an Appeal and the Court will hear the matter and pass judgment.
It must be noted that appeal in the Supreme Court is a matter of privilege and not a matter of right. It is only on the Supreme Court, to decide whether it will grant or not grant the right to appeal to a party. This leave is granted when the case involves a substantial question of law. Mere errors of fact, misinterpretation of evidence or facts are not grounds of appeal before the Supreme Court.
The Supreme Court is only concerned if the law was correctly applied, whether the interpretation of the law was in accordance with the settled principles of law etc. The Supreme Court can hold, reject or modify the earlier judgement, it can also send the case back to the lower court for fresh proceedings in accordance with the principles held by the Supreme Court. An appeal could be made in the Supreme Court only if the High Court grants a certificate of fitness to the party, which makes the party competent to file an appeal in the Supreme Court.
The Certificate could be granted under the following conditions:. Article A was added by way of 44th amendment of the Constitution. Before this amendment, there was no provision in the Constitution regarding the time and manner of filing an application for the issue of a certificate by the High Court under articles , and The determination, in either case, has to be in accordance with the provisions of Articles 1 , 1 and 1.
Hence, to grant a certificate under Article A, the court has to ensure that the conditions under Article , and are fulfilled. Where the certificate of appeal has been granted, the applicant has to, within ninety days, or if the satisfactory cause is given, within a further period of 60 days, from the date of decree complained of or within six weeks from the date when the certificate was granted, whichever is later.
Provided that the Court at the time of granting the certificate may, after hearing any opposite party who appears, order on the ground of special hardship that some other form of security may be furnished.
Moreover, no delay shall be permitted to an opposite party to contest the nature of such security. Where the security has been furnished and the deposit has been made with the satisfaction of the Court, the Court shall:. The pending appeal is an order which temporarily suspends the Court proceedings or any effect accruing from it.
The contents of this website are the intellectual property of India Law Offices. Appeals to the Supreme Court in Civil Matters: As per Article of the Constitution of India, Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies- that the case involves a substantial question of law of general importance; and that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.
Limitation period is 60 days from the date of grant of the certificate by the High Court. Appeals to the Supreme Court in Criminal Matters: As per Article of the Constitution of India, an appeal lies to the Supreme Court in criminal cases if the High Court- has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years; or has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years; or certified that the case is a fit one for appeal to the Supreme Court.
Special Leave Petition SLP : The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.
Curative Petition: In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation. Helpdesk How may we assist you?
Organization Name:. Gender: Male Female. Security Code:. Area of Expertise Litigation Our team of disputes lawyers are experienced in the full breadth of litigation, from district court, tribunal claims, High Court to landmark cases in the Supreme Court of India Family Law We provide an all-round, integrated service covering not only family law but every other service required during divorce including tax, property, custody and international issues NRI Services We assist NRIs with property dispute, partition of ancestral property, divorce, child custody, transfer of property, obtaining Visa, Indian Citizenship and other legal matters Taxation We offer commercial advice across the full spectrum of domestic and international tax matters and have extensive experience in managing cross-border transactions The mentioning-applications received thereafter would be processed for the next date of hearing.
The mentioning-application for e-Filing in Supreme Court of India shall include a separate paragraph with a prayer for exemption from filing duly attested affidavit in the prevailing circumstances, together with an undertaking to the effect that physical copies of documents relied upon in the petition, deficit court fees or other charges, if any, shall be filed at the earliest.
It is very important to note that the parties are not permitted to rely upon any document other than the documents filed;. For e-Filing in Supreme Court of India the mentioning-application must also contain a separate paragraph giving consent that the matter may be taken up through the video-conferencing mode.
After the e-Filing in Supreme Court of India and upon the approval of the urgency by the Competent Authority, the case would be listed before the Bench in due course.
The case will be reflected in the cause list of the court and all particulars can be verified from the website of Supreme Court. Re-mentioning of case through landline phone at the residence of the judges or otherwise will not be permitted;. In a matter where the litigant seeks to view the proceedings, the Advocate-on record may additionally indicate the contact details of the litigant, in the mentioning-application for e-Filing in Supreme Court of India;.
Only two appearance-links will be provided per party, together with one viewing-link that may be provided for the litigant separately; hence, it is expected that request of such links, if any, should be clearly made in the mentioning-application to enable the Registry to provide the links in time at each point, at the time of the hearing. The smooth functioning of the video-conference is purely dependent upon the signal at the end of the user.
It is therefore advised that parties may verify the signal strength to avoid any disruption during the hearing. The user at the other end joining the court hearing through video conferencing has to ensure robust connectivity and bandwidth are available at their end. This platform is to be used for the video conferencing. During hearing through video-conferencing, the parties may kindly keep in mind that it is a virtual court room proceeding visible to all hence it is expected that they would not resort to any indecorous conduct or dress or comment.
Parties are required to stay online till the Bench concludes the hearing of their matter, thereafter the parties may disconnect from video-conference. After the publication of the cause-list, the Registry may call any party and require to test the device or its connectivity. It is essential for the hearing of the case by video conference may be smoothly conducted;. After the publication of cause list, a WhatsApp group may be created by the Registry.
The participants may raise any query related to video conferencing. The parties may contact the mentioning Helpline Telephone Numbers and , as per procedure mentioned through the Circular dated
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