Ask your lawyer to apply for certified copy of HC judgment
2) if any appeal is filed in SC it would direct notice to be issued to you before granting any reliefs
Special Leave Appeal against High Court Decision
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8429/2019 The opposite party files this to challenge High Court Judgement against quashing case High Court Judgement is available to be downloaded via High court website for Case 4903/2017 in Ahmedabad high Court. Judgement clarifies why this case filed by opponent was forge and only to harras us. Can you please suggest on what this supreme court result is at and why no one of us received a notice of first hearing of the Supreme case. Do I need to hire a lawyer yet or not.
Asked 4 years ago in Family Law
Religion: Hindu
18 Answers
Do we have to represent ourselves based on the notice or not???? & where do we get the notice from, as the special leave appeal is now set on pending motion hearing.
Asked 4 years ago
You need to engage lawyer to appear on your behalf in SC
There can be either of the two probable situation.
Court finds no merit in the SLP to give approval for it's admission .
This is likely to be dismissed at first hearing.
Before admission you will get notice of it.
No need to hire any lawyer till you receive any notice .
Notice should reach you. It is not your headache to get the notice.
1. None of us can predict the result of SLP. Unless you are served the notice from the Supreme Court you do not come into picture.
2. Since the SLP is pending at motion stage you should wait for the notice to be issued and served.
See court may on admission reject the SLP without even notifying though court after hearing for admission may issue notice to opposite party and only.after you receive court notice engage a lawyer in the Supreme court.
After you receive the notice you need to engage a lawyer to represent you before the Supreme Court.
You can get notice or summons from bailiff from of a concern court. Further all records details you can find with them. That how you couldn't received notice or summons from court initially.
Notice will issue to both state govt and complainant. If you kn ow the no. of petition or name of petitioner, can check status on SC website.
Even if you not appear in court after receiving notice, SC will decide appeal on merit even without your representation. Hiring lawyer will be additional benefit.
1. the SLP will first have to be got admitted by the petitioner
2. once it is admitted by the court, it will order the Petitioner to issue notice to the respondents
3. once notice is issued to you, you can prepare your reply through a lawyer and also engage that lawyer to represent you in the matter
4. if there is an interim application taken out by the petitioner then he is obligated to serve you the court papers. Without service of papers on you, the court will not entertain his application for interim reliefs
1. Have you received notice of having filed the petition?
2. If not then wait for the said notice which will come with the copy of the petition.
3. Thereafter, you shall have to hire a lawyer to contest the application fittingly.
1. How did you come to know that the appeal has been filed and hearing for which is pending?
2. Have you got any notice to that effect?
3. If yes, then engage a lawyer to track the cause list of the Court and appear when the case is taken up for hearing.
4. If no, then wait for the notice to reach you to further act in the matter.
Dear Concern,
Please note -
01. You did not get to hear anything about the admission of this case as you have not filed the caveat in against the order passed from the side of the High Court of Gujarat.
02. Now that the court has issued you the notice then it will reach to you and thereafter you are bound to appear before the court either in person or through your advocate.
03. You need to hire an advocate of your choice to represent your case before the Supreme Court of India. Also suggest/ ask the concern hired advocate as to whether senior advocates (designated by the court) is required to argue this matter or not. If yes, then hire them as well for such dates which is listed for the arguments.
04. Don't worry you will ample amount of time to appear and reply to this SLP and then to argue on the validity of the order passed by the High Court of Gujarat and if there are no credential evidences available in against you in the FIR then you will easily win this case.
My best wishes to you.
If you know that a slp is pending then engage a lawyer and go to the supreme court and represent yourself and obtain a copy. File a vakalatnama. If you don't go the court shall issue notice if it thinks fit.
If you received notice then you have to hire a lawyer to represent before SC.
How did you come to know about this special leave appeal pending before supreme court?
If you are aware of the pendency of such a case then nothing prevents you from engaging a lawyer of supreme court to challenge the same on merits.
You would have been served the notice whereas it might not have reached you due to various factors involved in it.
Even now you can part take in the case through a lawyer of supreme court
You were advised to engage a lawyer from supreme court to handle your side of the case as per provisions and procedures of law.
you will receive it once its admitted and you will be heard .If dismissed before admission no notice will be served
Chances for change of order are very low.
You should appear with your advocate in supreme court to oppose the case against you.
