Appeal Against Supreme Court Order

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    • #196
      Hari
      Guest

      Dear Sir,

      Please advise if any order passed by Supreme Court can be appealed again if the aggrieved party is not satisfied with the judgement and even lawyers suggest that the order is not maintainable. What is the process for this and how and who will hear this.

      Supreme Court is the last platform for any relief and there also error happens then where one should go for justice.

      Supreme Court Judges are also judges and mistakes can happen by them as well. If mistakes do not happen then people will not appeal in higher courts and even lower court orders are set aside in many cases.

      many of SC judges would be the same whose orders would have been set aside by supreme Courts while they were at High Courts.

      Please advise the legal position to challenge SC order.

      SC and High Courts just in a fraction of time throw away files when SLP are filed in courts.

      Thanks
      Hari

    • #198

      There is no provision of filing an appeal against a judgment of the Supreme Court. However, if you feel that the order of the SC in a particular case is legally wrong, you have the option of filing a Review Petition before the Supreme Court on some limited grounds, which is generally listed before the same bench.

      After the Review Petition is also unsuccessful, in certain situations, you can also file a Curative Petition before the Supreme Court. You can read more about the Curative Petition in this article: http://tilakmarg.com/notes/supreme-court-aor-examination-leading-cases-rupa-ashok-hurra-v-ashok-hurra-2002-4-scc-388/.

      But, please be aware that success rate in a Review Petition and/or Curative Petition is very less. For more details, please see: http://tilakmarg.com/answers/success-rate-of-review-petition-and-curative-petition-in-supreme-court/.
           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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