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Supreme Court Litigation

The Supreme Court of India is the apex Court in the country and hence the final court of appeal for any litigant. The Supreme Court has appellate jurisdiction as well as original jurisdiction.

Under the Article 132 of the Constitution of India (Constitution) an appeal lies to the Supreme Court from any Judgment, decree or final order of a High Court, whether in civil, criminal or the other proceedings if the High Court certifies that the case involves a substantial question of law as to interpretation of the Constitution.

Under Article 133 of the Constitution an appeal also lies in cases where the High Court certifies that a substantial question of law needs to be decided by the Supreme Court.

Under Article 134 of the Constitution an appeal to the Supreme Court lies from any judgment, order or sentence in a criminal proceeding of a High Court if (a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or (b) has withdrawn for trail before itself, any case from any court sentenced him to death or (c) it certifies that the case is a fit one for appeal to the Supreme Court.

Under the Article 136 of the Constitution the Supreme Court may in its discretion grant special leave to appeal from any judgment, decree determination, sentence or order in any case or matter passed or made by any Court or tribunal in the territory of India except the court or tribunal constituted by or under any law relating to armed forces.

There are certain statutory appeals that can be made to the Supreme Court. Such statutory appeals can be made in the following cases.

1. Section 379 of the Code of criminal procedure, 1973

2. Section 130E of the Customs Act, 1962

3. Section 35L of the Central Excise and Salt Act, 1944

4. Section 23 of the Consumer Protection Act, 1986

5. Section 19(1)(b) of the Contempt of Courts Acts, 1971

6. Section 38 of the Advocates Act, 1961

7. Section 116A of the Representation of People Act 1951

8. Section 10 of the Special Court (Trail of offences relating to Transactions in Securities) Act,1992

9. Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969

10. Section 18 of the Telecom Regulatory Authority of India Act, 1997

12. Section 261 of the Income Tax Act, 1961

13. Section 19 of the Terrorist and Disruptive Activities ( Prevention) Act 1987

14. Section 53T of the Competition Act, 2002

The Supreme Court also has original jurisdiction in the case of enforcement of Fundamental Rights (Article 32). It also has original jurisdiction in the case of suits involving the Government of India and one or more States or dispute involving two States. The Supreme Court can also transfer pending cases in cases involving the same questions of law which are already been heard by the Supreme Court. The Supreme Court also has power to transfer in the interest of justice pending cases from one High Court to another High Court.

The Supreme Court has been vested with advisory functions. In certain cases there is a provision in certain acts for reference to the Supreme Court. In the event the Supreme Court has delivered a judgment there is a provision for a Review of the said judgment within 30 days of the date of the judgment. All matters have to be filed within the prescribed period of limitation. Generally the special leave petition has to be filed within 90 days of the impugned order of the High Court. In certain cases an appeal has to be filed within 30 or 60 days from the date of impugned judgment.

Matters can be filed in the Supreme Court through an Advocate on Record on any working day of the Court. However, there are certain matters which are considered to be of urgent nature, which may be listed or heard during vacation of the court.