Question

Q. In which among the following, a certificate of appeal is not required from the High Court, for a case to be appealed in the Supreme court (SC)?

Choose the correct answer using the codes given below.

• A.
  1 only
• B.
  2 and 3 only
• C.
  3 only
• D.
  1,2 and 3

Answer 1

The correct option is C

3 only
Explanation:

Statement 1 is incorrect: For the appeals in the constitutional matters, a certificate by the HC is required for further consideration of the matter by the SC.

Statement 2 is incorrect: In civil cases, when a substantial question of law requires broad consideration and the party is not happy with the HC judgement, then, on the certification of HC, one can appeal the case to the SC.

Statement 3 is correct: In following criminal matters, the SC hears the appeal against the HC and does not require any certification from the HC for this,

a. When the HC has taken a case before itself from the subordinate court and delivered a death sentence for the accused person,
b. When the HC on an appeal has reversed the acquittal order and sentenced him/her to death.