SUPREME COURT APPEALS

A. On Certificate by High CourtB. SLP-Special Leave to appeal
The Supreme Court is mainly an appellate court and can entertain appeals both in the Civil and Criminal matters if certain specified requirements are met with. The appeals may be filed against the judgment/order of the various High Courts and as well as the Subordinate Courts.
A. APPEALS ON CERTIFICATE BY HIGH COURTS
CONSTITUTIONAL CASESAn appeal can be filed against any judgment, decree or final order of a High Court in a civil, criminal or other proceedings if the concerned High Court certifies that the case involves a substantial question of law as to the interpretation of the constitution. Where such a certificate is given any party in the case may appeal to the Supreme Court on the ground that any such question has been wrongly decided.
CIVIL CASESAn appeal may be filed against any judgment, decree or final order in a civil proceeding of a High court if the High Court certifies that the case involves a substantial question of law of general importance and that in the opinion of the High Court the said question needs to be decided by the Supreme Court. However, no appeal can be filed from the judgment, decree or final order of single judge bench of the High Court. The party making the appeal can urge as one of the grounds that a substantial question of law as to the interpretation of the Constitution has been wrongly decided.
Procedure
The party desirous of filing an appeal on a certificate by High court as aforesaid is required to file a petition of appeal in the court.
The Petition should contain concise information regarding the proceedings in the Subordinate Courts and the High Court in a chronological order with relevant dates and should as well state the amount or value of the subject matter of the suit in the Subordinate Courts, High Court and the Supreme Court.
The particulars showing the computation of the said valuation have to be mentioned as well. However, where the appeal is incapable of valuation, this fact has to be mentioned in the appeal instead of the said valuations.
The petition of appeal should be accompanied by seven copies of:
a certified copy of judgment and decree appealed from;
a certified copy of certificate granted by High Court; and
a certified copy of the order granting the said certificate
In cases where the High Court has passed a summary order (that is a brief order on a superficial level without hearing the matter in details) or the High Court has not recorded the reasons or grounds for granting the certificate and in certain appeals in the Contempt Cases, four certified (or uncertified copies if such copy is affirmed to be true copy upon affidavit) of the judgment or order and decree of the subordinate Court are also required to be filed with the petition of appeal.
Court Fee The person filing an appeal is required to pay Court Fee as per the scheduled table of Court Fees.
LimitationThe petition of appeal on the basis of the certificate by High Court have to be presented within sixty days from the date of grant of the certificate of fitness. But in computing the period of limitation, time spent in obtaining a copy of the certificate and the order granting the said certificates excluded. Furthermore, if the petition of appeal is delayed, the person filing the appeal may seek condonation of delay from the Supreme Court by explaining the reasons for the delay.
CRIMINAL CASESAn appeal can be filed against any judgement, final order or sentence of a High Court in a criminal proceeding in following situations.
Firstly, if the concerned High Court has an appeal reversed an order of acquittal of an accused person and sentenced him to death. Imprisonment for life as to imprisonment for a period of not less than ten years.
Secondly, if the High Court has withdrawn for trial before itself any case from any of its subordinate courts and in such trial has convicted the accused person and sentenced him to death or to the imprisonment for life or for a period of not less than ten years.
Thirdly, if the High Court certifies that the case is a fit one for appeal to the Supreme Court.
Lastly, a person convicted on a trial held by the High Court in its extraordinary original criminal jurisdiction can also appeal to the Supreme Court.
However no appeal can be filed by a convicted person if the sentence, passed against him by the HC does not exceed the term of 6 months as fine not exceeding 1000 as both such imprisonment and fine.
The criminal appeal can be filed if the High Court disregarded or misapplied the established principles of criminal law.
Procedure
The memorandum of appeal should be in the form of a petition and should contain concisely and as far as possible, in a chronological order the principal steps in the proceedings from its commencement in the subordinates courts till its conclusion in the High Court.
The petition of appeal has to be accompanied by a certified copy of the judgement / order challenged in the appeal and as well the certified copy of the certificate of the High Court in case appeal is filed on a certificate.
In cases where the High Court has passed a summary order (that is a brief order without hearing the matter in details) or where the High Court has not recorded reasons as grounds for granting the certificate and in certain appeals in the contempt cases 4 certified (or uncertified copies if such copies are affirmed to be true copy upon affidavits of the judgement or order and decree of the subordinate court are also required to be filed with the petition of appeal.
Where the appellant has been sentenced to a term of imprisonment, the petition of appeal is required to state if the appellant has surrendered. If the appellant has not surrendered to the sentence, the appeal cannot be registered unless the court on a written application orders its registration where the appellant is in jail; he may present his petition of appeal through the offices-in-charge of the jail.
Court Fee No court fee is payable in Criminal appeals.
LimitationA Criminal appeal in which a certificate has been granted by the High Court is required to be filed within 60 days from the date of the said certificate. In other cases, appeal is to be filed within sixty days from the date of the judgement; final order or sentence appealed from.
But in computing the period of limitation, the time spent for obtaining a copy of the judgement as order appealed from or the time spent on obtaining the certificate and order granting the certificate are excluded.
Again, if sufficient cause is shown, delay in filing the criminal appeal may be condoned by the Supreme Court.
BAIL PENDING APPEALThe Supreme Court has same powers as the High Court for granting bail to the accused pending his appeal.
ABATEMENTThe Criminal appeals in the Supreme Court would abate or continue at the death of the accused on similar grounds as before the High Court.