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Wednesday, 14 September 2022

Limitation period for filing Petition in Supreme Court

Limitation period,Petition,SLP (Special Leave Petition),

Limitation period for filing Petition in Supreme Court 

For filing cases in Supreme Court, in most of the cases, there is a limitation period prescribed under various acts. The following are the limitation period for filing case in Supreme Court.


Limitation Period

 

Name of Case

Limitation Period

Writ Petition (Civil)

No limitation

Writ Petition (Criminal)

No limitation

Writ Petition (Criminal)

No limitation

Transfer Petition (Civil)

No limitation

Transfer Petition (Criminal)

No limitation

Election Petition

30 days from the date of publication of declaration of the name of the returned candidate.

Original Suit

As per Limitation Act

Petition for Special Leave to Appeal (Civil)

(i) 90 days from the date of the impugned order.

(ii) 60 days from the date of refusal of certificate of fitness to appeal.

Petition for Special Leave to Appeal (Criminal)
 

(i) 60 days from the date of the impugned order in cases involving sentence of death.

(ii) 60 days from the date of refusal of certificate of fitness to appeal.

(iii) 90 days from the date of the impugned order excluding cases involving sentence of death.

Civil Appeal by Certificate of fitness under Articles 132(1) and 133(1) of the Constitution

60 days from the date of grant of certificate of fitness to appeal

(i) Criminal Appeal by Certificate of fitness under Articles 132(1) and 134(1)(c) of the Constitution

(i) 60 days from the date of grant certificate of fitness to appeal.

(ii) Criminal Appeal under Article 134(1)(a) and (b) of the Constitution or under any other provision of law of Criminal Appellate Jurisdiction) Act, 1970 

(ii) 60 days from the date of judgment, final order or sentence.

Appeal under Section 2 of the Supreme Court (Enlargement 60 days from the date of the judgment, final order or sentence.

 

 Name of Case

Limitation Period

Appeal under Section 10 of the Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992

30 days from the date of the order

Appeal under Section 38 of the Advocates Act, 1961

60 days from the date of communication of the order

Appeal under Sections 23 and 27A of the Consumer Protection Act, 1986

30 days from the date of the impugned order

Appeal under Section 116A of the Representation Act, 1951

30 days from the date of the order

Appeal under Section 130E of the Customs Act, 1962

60 days from the date of the order passed by the High Court certifying the case to be a fit case for appeal to Supreme Court or the order passed by the Customs, Excise and Service Tax Appellate Tribunal.

Appeal under Section 35L of the Central Excise and Salt Act, 1944

60 days from the date of the order passed by the High Court certifying the case to be a fit case for appeal to Supreme Court or the order passed by the Customs, Excise and Service Tax Appellate Tribunal.

Appeal under Section 261 of Income Tax Act, 1961

60 days from the date of the judgment delivered by the High Court certifying it to be a fit case for appeal to Supreme Court

Appeal under Section 19(1)(b) of Contempt of Courts Act, 1971

60 days from the date of the order

Appeal under Section 15Z of Securities and Exchange Board of India Act, 1992

60 days from the date of the communication of the decision

Appeal under Section 18 of the Telecom Regulatory Authority of India Act, 1997

90 days from the date of decision

Appeal under Section 53T of the Competition Act, 2002

60 days from the date of decision

Appeal under Section 125 of Electricity Act, 2003

60 days from the date of communication of the decision/order of the Appellate Tribunal

Appeal under Section 29 of the Wealth Tax Act, 1957

60 days from the date of impugned order

Appeal under Section 22 of the National Green Tribunal Act, 2010

90 days from the date of communication of the award, decision or order of the Tribunal

Appeal under Section 423 of the Companies Act, 2013

60 days from the date of receipt of order of the Appellate Tribunal

Appeal under Section 30 of the Armed Forces Tribunal Act, 2007

90 days from the date of final decision/order passed by the Tribunal
60 days from the date of order of the Tribunal in exercise of its jurisdiction to punish for contempt

Appeal under Section 31 of the Armed Forces Tribunal Act, 2007

30 days from the date of order passed by the Tribunal

Appeal under Section 31 of the Airport Economic Regulatory Authority of India Act, 2008

90 days from the date of decision/order appealed against

Review Petition

30 days from the date of order sought to be reviewed

 


 

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