modification of leave of appeal


If the SC registrar had dismissed the appeal in limine on the ground that question of law mentioned in the memorandum and certificate of leave of appeal was not adjudicable nor within its jurisdiction . Can Appellant go back to HC and apply for amendment or modification of certificate granted or seek another leave of appeal raising new grounds of attack.

Answers (4)


136 votes

This is a very specific query. I will have to review the copy of the order from the Supreme Court registrar to evaluate its implications.

Typically new grounds of attack are not permissible and amendment or modification is permissible on limited grounds. My advice would be to consult a counsel to discuss this. 

296 votes

registrar cannot dismiss the appeal, as he has no powers. At the most he can raise the objection of maintainability and we have to satisfy how it is maintainable.


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226 votes

Order has to be reviewed.

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This is a very specific query. I will have to review the copy of the order from the Supreme Court registrar to evaluate its implications. Typically new grounds of attack are not permissible and amendment or modification is permissible on limited grounds. My advice would be to consult a counsel to discuss this.

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