Implementation of judgement
We have filed a WP in HC and the judgement was pronounced.The operative part of the judgement has 3 main points to be implemented.In that two points we agree with but there is a third point for which we wish to go for SLP(Third point only).
Is it possible to implement such that parts we agree with and file SLP for a point for which we disagree and go for appeal for that point alone.
I will be graceful to you if you can clarify this .If possible quote some example judgments and their partly implementation.
Asked 3 years ago in Civil Law from Cuddalore, Tamil Nadu
1) you have not reproduced operative part of judgement . It is necessary to peruse the judgement to advice
2) if you are dissatisfied with finding given on one of the issues you can certainly file an appeal against said order
3) once appeal is filed judgement would be kept in abeyance
Hi, you can challenge the High Court order partly filling a Special Leave Petition.
2. Let us check with your advocate is there any provisions for filing Writ Appeal in the same high court Suppose if there is any provision in the Madras High Court that you can file a Writ Appeal then you need not file a SLP to the Supreme Court.
What are the points which the HC has ruled in your favour? What is the point ruled against you?
If you are aggrieved by the judgement of high court on any particular point, there is nothing wrong in preferring SLP on that part of judgment alone which has aggrieved you. You dont require any judgement for this, it is the provision of law. You may go ahead by preferring suitable SLP.