How to file a civil appeal in the supreme court

688 votes

You can file Special Leave Petition in Supreme Court by approaching an Advocate on Record. Affidavit and Vakalatnama in addition to certified copy of the order of High Court and copy of Writ Petition as filed in High Court would be required.

Advocate Sumanth Nookala LawRato

658 votes

Normally a petition is filed before the armed forces tribunal with regard to matters related to Armed Forces and if dismissed then a statutory civil appeal lies before the Hon'ble Supreme Court. Since as stated in the query you have already filed a Writ petition before the High Court which has been dismissed so in order to provide you correct legal assistance the impugned order of the High Court with regard to the dismissed Writ Petition needs to be studied in detail. Further after studying the impugned order a Special Leave Petition can be filed before the Supreme Court challenging the impugned High Court oder and not a Civil Appeal.

LawRato LawRato

786 votes

ANSWER TO THE QUERY ALONG WITH COMPLETE DETAILS AND INFORMATION THAT ARE ESSENTIAL FOR YOU TO KNOW FOR THE PURPOSE OF FILING A CIVIL APPEAL IN THE SUPREME COURT OF INDIA IS PROVIDED HEREUNDER:-

CIVIL APPEAL

– ORDINARILY, THE FOLLOWING CATEGORY OF CASES SHALL BE REGISTERED AS CIVIL APPEALS:

(1) appeals by certificate under Articles 132 and 133 of the Constitution read with Order XIX of the Rules;

(2) appeal, upon grant of special leave to appeal, under Article 136 of the Constitution read with Order XXI of the Rules;

(3) appeal under Section 130E of the Customs Act, 1962;

(4) appeal under Section 35L of the Central Excise and Salt Act, 1944;

(5) appeal under Section 23 of the Consumer Protection Act, 1986;

(6) appeal under Section 27A of the Consumer Protection Act, 1986;

(7) appeal under Section 19(1)(b) of the Contempt of Courts Act, 1971;

(8) appeal under Section 38 of the Advocates Act, 1961;

(9) appeal under Section 116A of the Representation of People Act, 1951;

(10) appeal under Section 18 of the Telecom Regulatory Authority of India Act, 1997;

(11) appeal under Section 15Z of the Securities and Exchange Board of India Act, 1992;

(12) appeal under Section 261 of the Income Tax Act, 1961;

(13) appeal under Section 53T of the Competition Act, 2002;

(14) appeals under Sections 30 and 31 of the Armed Forces Tribunal Act, 2007;

(15) appeal under Section 125 of the Electricity Act, 2003;

(16) appeal under Section 29(1) of the Wealth Tax Act, 1957;

(17) appeal under Section 22 of the National Green Tribunal Act, 2010;

(18) appeal under Section 10 of the Special Court (Trial of offences relating to Transaction in Securities) Act, 1992;

(19) appeal under Section 423 of the Companies Act, 2013;

(20) appeal under Sections 17 and 18 of the Airport Economic Regulatory Authority of India Act, 2008.

PREPARATION FOR FILING OF CASES

1. Every main case shall be accompanied by a ‘computer sheet’ in Form No.31, on demy-foolscap size or standard A4 size paper, duly filled in by the plaintiff, petitioner, appellant or by his advocate on-record or by his duly authorised agent, containing following information--

(i) Class of the Case;

(ii) Case number (to be filled by the Registry);

(iii) Name of the first party on either side;

(iv) Date of filing;

(v) Date of Registration (to be filled by the Registry);

(vi) Subject Matter;

(vii) Provision of law;

(viii) Subject Category Code (as per Annexure);

(ix) Name and State Bar Council Enrolment Number as also Advocate on-record Registration Number;

(x) Particulars of the High Court, lower Court, Authority or Tribunal etc.;

a) name,

b) designation,

c) case, file/order number,

d) date of impugned judgment/order.

(xi) Whether the party is desirous of getting the matter settled through any of the alternative modes of dispute resolution;

(xii) Caveat notice, whether received;

(xiii) Name and signature of the advocate on-record filing the main case.

2. Every plaint, petition, application and other document shall be presented by the plaintiff, petitioner, applicant, appellant, defendant or respondent in-person or by his duly authorised agent or by an advocate on-record duly appointed by him for the purpose.

3. No plaint, petition, appeal, application, pleading, affidavit or other document, except original exhibits and certified copies of public documents, shall be received, unless it is fairly and legibly written, type-written or lithographed in double-line spacing, on one side of standard petition paper, demy-foolscap size, or of the size of 29.7 cm x 21 cm, or paper, which is ordinarily used in the High Courts for the purpose.

4. Copies filed for the use of the Court shall be neat, clear, sharp and legible without any inter-lining, encircling or unwanted remark on the documents. They shall be certified to be true copies by the advocate on-record or by the party in-person, as the case may be.

5. No document in language other than English shall be used for the purpose of any proceedings before the Court, unless it is accompanied by:

(a) a translation agreed to by both parties; or

(b) a translation certified to be true translation by a translator appointed by the Court; or

(c) the said document is translated by a translator appointed or approved and notified by the Court.

6. Every memorandum of appeal, petition or application, shall be headed “In the Supreme Court of India”.

7. Immediately below the heading, the jurisdiction, case number and the cause title under which the main case is filed shall be mentioned in that order.

8. (i) In a pending main case, no interlocutory application, affidavit in opposition, rejoinder affidavit, affidavit or any other document shall be filed, unless a copy thereof has been previously served on the advocate on-record, or his registered clerk, of the opposite party or parties, as the case may be, or party in-person, who has entered appearance.

The advocate on-record or his registered clerk served with such copy shall acknowledge the receipt of the same by endorsement on the filing memo, writing his full name below the signature along with registration number and phone number.

(ii)(a) A notice of motion shall be instituted in the suit or case in which the application seeking ad interim ex-parte relief is intended to be made and shall state the time and place of application and the nature of the order sought.

(b) It shall be addressed to the party or parties intended to be affected by it, unless represented by an advocate on-record, in which case it shall be addressed to the advocate on-record.

(c) It shall be signed by the advocate on-record of the party instituting the motion or by the party in-person.

Note

Where the Court orders filing of an affidavit, a copy of the affidavit so filed shall be served on the advocate on-record of the opposite party or his registered clerk or the party in-person, as the case may be, a week before the date of hearing or within such time, as may be specified by the Court or Rules or otherwise required in the given situation:

Provided that where the advocate on-record for the opposite party or his registered clerk or party in-person refuses to accept a copy, he may record his reasons for such refusal on the filing memo.

(iii) No interlocutory application, affidavit in opposition, rejoinder affidavit, affidavit or document, shall be accepted at the Filing Counter without such acknowledgement, receipt or endorsement and no undertaking to effect the service later shall be entertained.

CIVIL MATTERS

The cause title of every memorandum of appeal or petition shall contain--

(1) the name, description, registered address, fax number with S.T.D. code and eMail address, if any, of each appellant, petitioner or applicant, as the case may be, where such appellant, petitioner or applicant is a private person;

(2) the name, description, registered address, fax number with S.T.D. code and eMail address, if known, of each person arrayed as respondent or opposite party, where such respondent or opposite party is a private person;

(3) the status (whether plaintiff, defendant, petitioner, appellant, respondent, applicant or non-applicant, etc.) of the parties in the Court(s) below;

(4) the status (whether plaintiff, defendant, petitioner, appellant, respondent, applicant or non-applicant, etc.) of the parties in appeal, petition, suit, or application in the case of review or curative petition, as the case may be.

Civil Appeal

1. Every memo of petition of appeal, with necessary modifications and adaptation, shall be filed in Form No.28. No separate application for interim relief shall be filed and interim prayer, if any, shall be incorporated in the Form.

2. The petition of appeal, shall recite succinctly and in chronological order with relevant dates, the principal steps in the proceedings leading up to the appeal from the commencement thereof till the grant of the certificate of leave to appeal to the Court or all the relevant facts leading up to the order appealed from/complained of, as the case may be, and shall state the grounds on which the judgment under appeal is assailed.

3. The petition of appeal shall state the amount or value of the subject-matter of the suit or case in the Court of first instance and in the High Court, and the amount or value of the subject matter in dispute before the Court with particulars showing how the said valuation has been arrived at. Where the appeal is incapable of valuation, it shall be so stated:

Provided that an appeal under Section 23 of the Consumer Protection Act, 1986 (68 of 1986) shall be accompanied by a Bank draft for Rupees fifty thousand or fifty percent of the amount, whichever is less, required to be paid by the person intending to appeal, in terms of the order of the National Consumer Disputes Redressal Commission, drawn in favour of the Registrar, Supreme Court of India, payable at New Delhi:

Provided further that in case of appeal by indigent person, it shall be accompanied by an affidavit from the appellant disclosing all the property to which he is entitled and the value thereof other than his necessary wearing apparel and his interest in the subject matter of the intended appeal and stating that he is unable to provide security or surety for the cost of respondent and pay Court fees.

4. The petition of appeal shall be accompanied by a certified copy of–

(i) judgment and decree or order appealed from or authenticated copy of the order complained of, as the case may be;

(ii) certificate granted by the High Court under Order XIX of the Rules; and

(iii) the order granting the said certificate.

In cases where, according to the practice prevailing in the High Court, the decree or order is not required to be drawn up, it shall be so stated upon affidavit.

5. In appeals falling under any of the categories enumerated in Order XIX Rule 6 of the Rules, however, in addition to the documents mentioned above, a certified copy (or uncertified copy, if such copy is affirmed to be true copy upon affidavit) of the judgment or order and also of the decree of the Court immediately below or such a copy of the order of the Tribunal, Government Authority or person, as the case may be, shall also be filed.

Note

The following categories of appeals have been enumerated in Order XIX Rule 6 of the Rules:

(a) an appeal from any judgment, decree or final order of a High Court summarily dismissing the appeal or the matter, as the case may be, before it;

(b) an appeal on a certificate granted by a High Court under Article 134A of the Constitution being a certificate of the nature referred to in clause (1) of Article 132 or clause (1) of Article 133 of the Constitution or under any other provision of law if the High Court has not recorded the reasons or the grounds for granting the certificate.

(c) an appeal under clause (b) of sub-section (1) of Section 19 of the Contempt of Courts Act, 1971 (70 of 1971).

6. Where at any time between the grant of Certificate under Article 134A of the Constitution for leave to appeal to the Court or making of the impugned judgment and order, as the case may be, and the filing of the petition of appeal, any party to the proceeding in the Court below dies, the petition of appeal may be filed by or against the legal representative, as the case may be, of the deceased party:

Provided that the petition of appeal is accompanied by a separate application, duly supported by an affidavit, praying for bringing on record such person as the legal representative of the deceased party and setting out the facts showing him to be the proper person to be entered on the record as such legal representative.

7. Any grounds which can be raised only with the leave of the Court may be raised by filing a separate application seeking leave to appeal on those grounds.

Advocate Ajit Wagh LawRato

903 votes

If the Hon'ble High Court has not decided the case on merit, the Supreme Court can entertain either an appeal with certificate of appeal by the High Court or a person can approach the Honorable Supreme Court directly by way of Special Leave Petition under Article 136.

Advocate Ambanshu Sahni LawRato

795 votes

If the case was not decided on merits by the high Court, you may file SLP ( special leave petition) in the supreme Court of India under article 136 of the constitution.
Under SLP, supreme Court will consider the case on merits.
SLP in Supreme Court can be filed in civil as well as criminal matters.

Advocate Alok Kumar Tripathi LawRato