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

 

 

Note
(1) Notwithstanding anything contained to the contrary, the provisions of the Limitation Act do not apply to a curative petition. However, as per Order XLVIII Rule 3 of the Rules, it shall be filed within reasonable time from the date of judgment or order passed in the review petition.

(2) Where any particular number of days is prescribed by the Rules, or is fixed by an order of the Court, in computing the same, the day from which the said period is to be reckoned shall be excluded, and, if the last day expires on a day when the Court is closed, that day and any succeeding days on which the Court remains closed shall also be excluded.

 

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