Bailabel Type : bailable

Description

Section 109 of the Code of Civil Procedure (CPC) outlines the circumstances under which an appeal from a High Court can be made to the Supreme Court of India. This section is vital in determining the types of cases where a party may seek to take an appeal to the highest court in the country.

Key Provisions of Section 109:

1. Appeals to the Supreme Court:

   • Section 109 empowers the Supreme Court to hear appeals from High Courts in certain cases.
   • The appeal can only be made with leave of the Supreme Court or when specific criteria are met. This means that a party wishing to appeal to the Supreme Court must seek permission, except in cases where the law allows a direct appeal.

2. Appeals in Civil Matters:

   • Appeals from civil cases can be made to the Supreme Court under certain circumstances, such as when the High Court has passed a decision on a matter that raises substantial questions of law.
   • In general, the party seeking to appeal must show that the case involves a substantial question of law of general importance, which warrants the attention of the highest judicial authority.

3. Special Leave Petition (SLP):

   • The typical mode of appeal to the Supreme Court from a High Court is through the Special Leave Petition (SLP).
   • An SLP is a petition filed requesting the Supreme Court to grant leave (permission) to appeal against the decision of the High Court.

4. Conditions for Appeal to the Supreme Court:

   • The party seeking to appeal must demonstrate that the case has substantial legal significance or involves an important issue of law that requires the intervention of the Supreme Court.
   • An appeal is generally allowed only if the matter involves questions of public importance, fundamental rights, or matters of constitutional interpretation.

5. Criteria for Appeal to the Supreme Court (as per the section):

   • An appeal can be made to the Supreme Court from any judgment, decree, or final order of the High Court, if the High Court certifies that the case involves a substantial question of law of general importance, and the High Court is of the opinion that the issue should be decided by the Supreme Court.
   • The certificate of the High Court is necessary for an appeal to the Supreme Court in civil matters, except when Special Leave Petition is filed.

6. Appellate Jurisdiction of the Supreme Court:

   • The Supreme Court has the jurisdiction to hear appeals from High Courts in certain civil matters. The exact jurisdiction of the Supreme Court for appeals is outlined by the Constitution of India and related statutes.
   • Appeals can also be allowed under Article 133 of the Indian Constitution, where a certificate of the High Court is granted stating that the case involves a substantial question of law.

7. Limitation on Appeal:

   • The right to appeal to the Supreme Court is not automatic. It is subject to the discretion of the Court.
   • Even if the High Court allows an appeal, it must involve a matter of great legal importance or issues that affect the public at large or involve fundamental rights or constitutional matters.

8. Additional Provisions:

   • Appeals from certain judgments that involve the interpretation of laws of significant constitutional or national importance may be treated differently. For example, cases related to constitutional interpretation or matters that concern the fundamental rights of citizens may directly qualify for appeal to the Supreme Court.

9. Appeal to Supreme Court in Special Cases:

   • In certain circumstances, such as cases involving the central government, international treaties, or matters relating to the integrity and sovereignty of the country, the Supreme Court may have the authority to hear appeals directly, irrespective of the normal procedural requirements.

Punishment

Section 109 itself does not prescribe punishments or penalties for actions related to the appeal process. However, it outlines the following possible consequences:

1. Dismissal of Appeal:

   • If the Supreme Court denies permission (i.e., the leave to appeal), the appeal will be dismissed. The judgment or order of the High Court will then remain final.

2. Costs:

   • If the appeal is dismissed, the party may be directed to pay the costs of the proceedings. This may include the legal expenses incurred by the opposing party and the costs of the appeal process.

3. Refusal to Grant Leave:

   • The Supreme Court may also refuse to grant leave to appeal if it finds that the appeal does not raise substantial questions of law or is not of general importance.
   • If leave is denied, the judgment of the High Court stands.