Write notes on the following : Conditions for Appeals before the Hon'ble Supreme Court in Civil cases.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2019
Write notes on the following : Conditions for Appeals before the Hon'ble Supreme Court in Civil cases.

Answer & Explanation:

The Supreme Court of India is the apex Court in the country and hence the final court of appeal for any litigant. The Supreme Court has appellate jurisdiction as well as original jurisdiction. Under Article 133 of the Constitution an appeal also lies in cases where the High Court certifies that a substantial question of law needs to be decided by the Supreme Court. Article 133 deals with conditions for appeals to the Hon'ble Supreme Court from decisions of High Court in civil proceedings. For an appeal to the Hon'ble Supreme Court the conditions laid down in this article must be fulfilled. These conditions are: the decision appealed against must be a "judgement, decree or final order" of a High Court in the territory of India, such judgement, decree or final order should be given in a civil proceeding, and a certificate of the High Court to the effect that (i) the case involves a substantial question of law of general importance, and (ii) in the opinion of the High Court the said question needs to be decided by the Supreme Court.

Topics: Civil Procedure Code

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