• Can petitioner appeal in supreme court after (PIL) is disposed in high court

Can petitioner appeal in supreme court after (PIL ) is disposed in High court and once appealed how long does it take for it be listed. Will supreme court send notices to respondents or will supreme court squash the high court order with out informing respondents (I am petitioner )
Asked 4 years ago in Constitutional Law

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19 Answers

You are at liberty to file appeal in SC against HC order

2) SC would issue notice to Respondents and after hearing parties only set aside order

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

The petition which has been dismissed a division bench of the hc can only be appealed in the sc through a slp. If the matter requires consideration then the sc wil issue notices and hear the opposite parties. It can also send back the mtte rto the respective hc if necessary for disposal if the hc has missed certain points and aspects of the law which had to be taken into consideration.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

SC would issue notice to Respondents

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hi

1) If your petition in High Court was dismissed by a division bench, then you are at liberty to file a Special Leave Petition before the Supreme Court

2) Supreme court in general will not quash/ set aside the High court order without hearing the respondents.

3) Also presently Supreme court is hearing Environment and Wild Life matters in top priority and hopefully you should be able to list the matter within 30 days after your petition is numbered.

4) The revised procedure for listing of fresh matter ( As per orders dated [deleted], F.No 187 /Judl/2018)is that the matter will be listed before the Ld. Registrar Court or the Before the Hon'ble Chamber Judge under Order5 , Rule 1,2 of Supreme court Rules 2013 and only thereafter the matter will be listed before the Honourable Benches.

5) Once Ld.Registrar Court or the Hon'ble Chamber judge , finds merit in your case, an order to show cause notice may be issued to the respondents. So technically, Supreme court will hear your case first and then only order issue of notices to respondents.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Yes the subject matter is immaterial. If the other parties need to be heard, the notices will be issued. If the matter has already been settled by the sc the matter can be sent back to the hc.

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

you can file PIL in S.C.

if you are filing PIL in the Supreme Court, then five copies of the petition are to be filed before the court. Respondent is served with the copy only when the notice is issued from the court.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Yes, you can file a special leave petition under Article 136 of the constitution against the order in question. It should come up for hearing within a week or so of filing. FYI, it needs to be filed within the 90-day limitation period for such petitions.

The usual procedure is for the petitoner to be heard on admission without notice to the respondents (unless there is a caveat in which case the respondent/caveator has to be served before filing). Where there is a prayer for ad interim ex parte interim relief and the issue appears pressing, the court may even grant interim relief before issuing notices. Of course, the factors that generally weigh with most courts considering the question of interim relief are also applicable here.

If at the first hearing the court sees merit in the case, it will issue notices to the respondents; otherwise it will dismiss it in limine without issuing notices.

The court will next determine if it is a fit case to exercise its extraordinary appellate jurisdiction. If yes, it will grant leave and the SLP will be converted into a civil appeal and heard on merits. If not, it will be dismissed.

I have dealt with a case pertaining to an environmental issue and found the Supreme Court more than willing to interfere where the cause appears genuine.

Pulkit Chandna
Advocate, New Delhi
193 Answers
5 Consultations

4.9 on 5.0

As your case has been dismissed by the Divisional bench of the high court, you are at liberty to file a special leave petition in Supreme Court to set aside the impugned order of the High Court. Supreme Court rarely allows any special leave petition without hearing the respondents.

Your matter would be heard first and if the judge feels that there is any prima facie case which is made out and should be heard, notice would be issued to the respondent.

Your matter would be listed within 2 weeks of filing if you are able to show before the registry that your matter needs to be listed urgently and a lot of prejudice would be caused to you if the matter is not listed soon.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Even if the matter is relating to wildlife and environment not this would be issued to the respondents. In such cases, the counsel of the government departments accept notice in the court itself and no formal notice needs to be given after that.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Nonorder can be passed without sending a notice to the respondents.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes.

If there is a question of law involved then special leave petition can be filed under article 136 of the Constitution of India.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes you can appeal in and once the appeal is fully filed And all the objections are removed it will be listed in a day or two

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Dear Sir,

PIL is nothing but writ petition under Art. 226 of Constitution in representative capacity. The supreme court may admit your SLP but it cannot quash orders of High court without hearing the respondents.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes, you are free to approach the supreme court incase you do not succeed in the High Court.

The court may stay the High Court verdict on the first day itself even along with issuing notices to the respondents.

There's not fixed time within which the matter will be disposed off by the Apex Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Case is public interest litigation related to environment and wild life .still will supreme court send notice to respondents??

Ans. You should approach the NGT directly, incase you haven't filed a PIL yet.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. SLP can be filed in the SC against the judgment of HC rendered in a PIL.

2. It may take years in the Supreme Court.

3. No lawyer can tell what the SC may do unless the facts of the case are known and the order of the HC is perused.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes. The parties shall receive summons to appear and represent. If the matter is disposed off by a division bench, then it can be appealed in supreme court.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

PIL is a rule of law declared by the courts of record. However, the person (or entity) filing the petition must prove to the satisfaction of the court that the petition is being filed for the public interest and not as a frivolous litigation for pecuniary gain.

A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate.

According to the guidelines of the Supreme Court any member of public having sufficient interest may maintain an action or petition by way of PIL provided: -

» There is a personal injury or injury to a disadvantaged section of the population for whom access to legal justice system is difficult,

» The person bringing the action has sufficient interest to maintain an action of public injury,

» The injury must have arisen because of breach of public duty or violation of the Constitution or of the law,

It must seek enforcement of such public duty and observance of the constitutional law or legal provisions.

Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Case is public interest litigation related to environment and wild life .still will supreme court send notice to respondents??

You can approach supreme directly with the PIL as instructed instead of making an appeal.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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