Q. With reference to appellate jurisdiction of Supreme court, which of the following statements is/are incorrect?
1. Certification of High court is not necessary to appeal in any civil case, but required in criminal cases.
2. Only those civil cases can be appealed before the Supreme Court which exceed a certain monetary limit.
3. Only those criminal cases can be appealed before the Supreme court that involve death sentence.
Select the correct answer using the code given below:
Exp) Option d is the correct answer.
Statement 1 is incorrect. Certification of High court is necessary to appeal before the Supreme Court in civil cases. In civil cases, certification of High court is required in those cases which involves a substantial question of law of general importance, or when High court feels that the question needs to be decided by Supreme court. In criminal cases, when High court has on appeal reversed an order of acquittal of an accused person and sentenced him to death, no certification is required. In fact, when High court has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death, no certification is required. Certification is only required in criminal cases, when High court feels any case which is fit for appeal to Supreme court.
Statement 2 is incorrect. The monetary limit of Rs 20,000 to apply in civil cases was removed by 30th constitutional amendment act of 1972. So, there is no monetary limit exists in applying civil cases in the Supreme Court.
Statement 3 is incorrect. When High court sentenced a person to 10 years imprisonment upon taking a case from sub-ordinate court, or when it reversed an order of subordinate court and sentenced him to 10 years imprisonment, then an appeal lies to Supreme court. So not only those criminal cases which involves death sentence, but also in the above mentioned two cases, an appeal lies to Supreme court.
