CPC and Limitation Act Notes

📘 Appeal to the Supreme Court: A Student-Friendly Guide 🎓📚⚖️

✎ What Is an Appeal? 🤔📜🔍

An appeal is when a person who is unhappy with a court’s decision asks a higher court to review and possibly change it. In India, appeals to the Supreme Court can be made through the Constitution or under a law called the Code of Civil Procedure (CPC), 1908. 🏛️📝⚖️

🏛️ Appeals Under the Constitution 📖🔺📘

Article 132: Appeals on Constitutional Questions

Article 133: Civil Appeals

Article 134: Criminal Appeals

  • For criminal matters.

  • You can appeal if:

    • The High Court reverses an acquittal and gives a death sentence.

    • The High Court certifies the case as important.

  • Example Case: Pritam Singh v. State (1950).

Article 136: Special Leave Petition (SLP)

Article 137: Review Power

  • The Supreme Court can review and change its own judgment in special cases. 🔁⚖️📄

📜 Appeals Under the CPC 📚🧾🧑‍⚖️

Section 109 CPC

  • A person can appeal a High Court ruling if it involves a serious legal issue and the High Court gives permission.

• Section 112 CPC

  • Makes it clear that CPC rules do not override Constitutional rights. ⚖️📌📕

⚖️ Comparing Appeals Under Constitution vs CPC 🧮📋📘

FeatureConstitutional AppealsCPC Appeals
Source of PowerConstitution (Arts. 132–134, 136)CPC (Sections 109–112)
Permission NeededYes, from High CourtYes, as per CPC
Legal FocusBig constitutional/legal issuesMajor legal questions
SLP OptionAvailable (Art. 136)Not covered

🔍 Common Reasons for Appeal ⚠️📑👁️

  • Legal error by lower court.

  • Violation of natural justice (e.g., no fair hearing).

  • Ignored important evidence.

  • Wrong application of law. 🧠📉📎

📝 How to File an Appeal to the Supreme Court 🧾🧑‍⚖️📤

Steps:

  1. Get High Court certification (if needed).

  2. Hire an Advocate-on-Record to draft the petition.

  3. Prepare required documents:

    • Copy of the judgment.

    • Affidavit and vakalatnama.

    • Pay court fees.

  4. File the appeal (online or offline).

  5. Respect the time limits:

    • 90 days for regular appeals (Arts. 132–134).

    • 60 days for SLP (Art. 136).

  6. Delay? The court may allow it with a good reason. ⏳📬🛂

📂 Can You Show New Evidence? 📎📉🧐

  • Normally, no.

  • But under Order XLI Rule 27 CPC, new evidence is allowed if:

    • The trial court unfairly stopped it.

    • It’s essential for justice. 📁⚖️📌

📚 Important Case Laws 🏛️🧠📘

🧭 Appeal Journey in Civil Cases 🛤️🗂️👨‍⚖️

Trial Court ➔ First Appeal ➔ Second Appeal ➔ Supreme Court Appeal (Arts. 132/133/136) 🧷📘➡️

📘 Exam Corner 🎓🧠📖

Possible Questions:

  • How do appeals to the Supreme Court work?

  • What is the difference between a regular appeal and an SLP?

  • When can an SLP be filed?

Study Tip: Use case examples, flowcharts, and tables to make long answers more effective. 🗒️✅💡

🗿 Conclusion 🏁📜🔍

Appeals to the Supreme Court are a way to ensure fairness and correct serious legal mistakes. But not all cases can go to the Supreme Court—it only hears cases involving major legal or constitutional issues. 🧑‍⚖️📌⚠️

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top