Asked in Civil
Leave Petition to be filed before the Supreme Court. Your regular Counsel will File the SLP. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required
Dear Sir, It depends upon nature of your case since it is RSA so you have to approach Supreme Court. Please give me rank after viewing my details. Please call me for further assistance.
Hi, where the State Legislature has barred a remedy of filing a revision petition before the High Court under Section 115 of CPC, no petition under Article 226 of the Constitution would lie for the reason that a mere wrong decision without anything more is not enough to attract jurisdiction of the High Court under Article 226 of the Constitution. This being the position of law, there cannot be any appeal against the order of the learned single Judge passed in the exercise of its supervisory jurisdiction. It may be stated that the right of appeal is a statutory right and where the statute has provided the right of appeal only against an order passed by the learned single Judge of this Court in its original jurisdiction, it is to be held that no appeal lies against the order of the learned single Judge passed in the exercise of supervisory jurisdiction under Article 227 of the Constitution. Section 4 is the only provision in the Act which provides for an appeal. Section 9 of the Act specifies the matters in regard to which the powers of the High Court shall be exercised by a single Judge whereas Section 10 refers to those matters in regard to which powers of the High Court are exercised by a Bench of two Judges. Prior to the amendment of the Act in the year 1973 Clause (iv) of Section 10 provided that petitions for the exercise of powers under Clause (1) of Article 226, Article 227 and Article 228 of the Constitution would be dealt with by a Bench of two Judges. After the amendment all petitions under Clause (1) of Article 226 of the Constitution other than a writ in the nature of habeas corpus and petitions under Articles 227 and 228 of the Constitution are required to be dealt with by a single Judge and the objects and reasons of the Amending Act do suggest that the Legislature wanted such petitions to be dealt with by a single Judge with a right of appeal to a Bench of two Judges. The appeal to a High Court from any decree or order has to be filed within 90 days from the date of decree or order, but if a decree or order of any High Court is to be appealed in the same court the period of limitation is 30 days. you can file a appeal/ review petition. Generally, most of the cases before the Supreme Court are heard by a division bench (2 or 3 judge members). A constitution bench consists of at least five or more judges of the court which is set up to decide substantial questions of law with regard to the interpretation of the constitution in a case
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