Appeals to the Supreme Court are governed by S. 109 of the Code of Civil Procedure read with Art. 133 of the Constitution of India.
Section 109 of the Code lays down that subject to the provisions in Chap. IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—(i) that the case involves a substantial question of law of general importance; and (ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
Article 133 of the Constitution lays down that (1) an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies under
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Art. 134-A (a) that the case Involves substantial question of law of general Importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
(2) Notwithstanding anything in Art. 132 (which permits an appeal to the Supreme Court from a judgment, decree or final order of a High Court if the High Court certifies that the case involves a substantial question of law as to the Interpretation of the Constitution), any party appealing to the Supreme Court under cl. (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of the Constitution has been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.
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It is well settled that the word “judgment’ in Art. 133 of the Constitution of India have been used in the sense of decision finally determining the rights of the parties in the proceeding and not as defined in the Code of Civil Procedure.
Under the provisions of cl. (1) of Art. 132 of the Constitution of India, an appeal lies to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding if the High Court certifies under Art. 134-A that the case involves a substantial question of law as to the interpretation of the Constitution.
Article 134 of the Constitution relates to the appellate jurisdiction of the Supreme Court in regard to criminal matters.
Under the provisions of Art. 134-A, inserted by the Constitution (Forty-Fourth Amendment) Act, 1978, every High Court passing or making a judgment, decree, final order, or sentence referred to in cl. (1) of Art. 132 or cl. (1) of Art. 133 or cl. (1) of Art. 134, (a) may, if it deems fit so to do, on its own motion and (b) shall, if an oral application is made, by or on behalf of party aggrieved immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in cl. (1) of Art. 132, or cl. (1) of Art. 133 or, as the case may be, sub-cl. (c) of cl. (1) of Art. 134, may be given in respect of that case.
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Under Article 136 of the Constitution of India the Supreme Court has also got the power to grant special leave to appeal from any judgment, decree or final order in any cause or matter passed or made by any court or tribunal in India.
Rule 1 of Order XIII of the Supreme Court Rules, 1950, further provides that a petition for special leave to appeal has to the lodged in the Supreme Court within three months from the date of the refusal of leave to appeal by the High Court, or within three months from the date of the judgment or order sought to be appealed from, but the Supreme Court may, for sufficient cause shown extend the time.