• Appeal in Supreme Court after CRP dismissal in AP High Court

CRP filed in AP High court was dismissed without proper consideration of the request, how many days after the dismissal in High court do we have to appeal in Supreme court ? 

The dismissal order was uploaded on the High court case status website, is this sufficient to appeal in the Supreme court or do we need to obtain a certified copy?
Asked 3 months ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

9 Answers

The  limitation period for filing a

Special Leave Petition (SLP) in the Supreme Court against a High Court order is 90 days from the date of the order or judgment.

 

2) period for obtaining certified copy is excluded 

 

3) you need certified copy of order 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

You have 90 days from the High Court order to file SLP in the Supreme Court.

Certified copy of the dismissal order is mandatory for filing; the website copy is not sufficient.

Time taken to obtain the certified copy is excluded from limitation.
if you are already cross the 90 days limits , don’t worry about we can file condonation of delay application and SC general allows SLP with delay.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

Generally, the limitation period for filing a Civil Appeal to the Supreme Court from a High Court order is 90 days from the date of the order.

For a Criminal Appeal, the time limit is 30 days from the date of the order.

Orders uploaded on the High Court's official website are considered to have legitimacy and can be used in court, similar to certified copies, without needing to obtain a certified copy from the High Court department.

 The time taken to obtain a certified copy of the order is excluded from the period of limitation for filing the appeal.

In some circumstances, the court may allow the memorandum of appeal to be filed without a certified copy, subject to an undertaking to file the certified copy later. 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

 

The appeal against dismissal of a Civil Revision Petition (CRP) by the Andhra Pradesh High Court must be filed before the Supreme Court as a Special Leave Petition (SLP) within 90 days from the date of the High Court order.

However, the period spent obtaining a certified copy of the dismissal order is excluded from this 90-day limitation. The clock starts from the date of the High Court’s dismissal order, but time taken to receive the certified copy is not counted, so apply for the certified copy at the earliest.

certified copy of the order is mandatory for filing an SLP in the Supreme Court—the uploaded order on the High Court website or an uncertified online copy is not sufficient. Filing with only the website copy will lead to rejection or delay in the Supreme Court registry.

In summary:

  • Apply for the certified copy of the High Court dismissal order immediately if not already done.

  • You have 90 days, excluding the certified copy procurement period, to file your SLP in the Supreme Court.

  • Only after you have the certified copy can the SLP be properly filed.

If there is further delay, an application for condonation of delay can be filed, and the Supreme Court may, in appropriate cases, condone the delay explaining the reasons

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

Yes if it’s dismissed on merits then you need to file SLP in SC

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

 

  • Time Limit – You have 90 days from the date of the High Court order (CRP dismissal) to file an appeal/Special Leave Petition (SLP) in the Supreme Court under Article 136.

  • Certified Copy – The copy uploaded on the High Court website is not sufficient for filing in the Supreme Court. You must obtain a certified copy of the dismissal order from the High Court for annexing to the SLP.

 

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

Sir/Madam, 

These cases are very common in the Hon'ble Supreme Court. As per Hon'ble Supreme Court rules, only an Advocate-on-Record (AOR) is authorized to file petitions, pleadings, and other documents and to appear as the official representative for a party before the Hon'ble Supreme Court. My team is dealing with various such matters. The copy uploaded on the website is sufficient to file the Special Leave Petition (SLP). Application seeking exemption from filing the certified copy of the order/judgement can be filed along the SLP if the certified copy is not available. 


Detailed discussion is required with complete documents.

You may contact my secretary to connect with me.

 

Gopal Verma
Advocate-on-Record (AOR)
Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

  1. Order uploaded means, order is ready.
  2. You need to apply and get certified copy, limitation will be calculated from the date on which copy is ready.
  3. Limitation is 90 days from the date on which copy was made ready by CD section.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

- 90 days from the date of HC order 

- Certified copy is needed. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer