Can you appeal to a higher court than the Supreme Court?

United States Supreme Court A case cannot, as a matter of right, be appealed to the U.S. Supreme Court. As such, a party seeking to appeal to the Supreme Court from a lower court decision must file a writ of certiorari. In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case.

Can High Court overrule Supreme Court?

The High Court cannot overrule the decision of the Apex Court on the ground that the Supreme Court laid down the legal position without considering any other point. When the Supreme Court decides a principle it would be the duty of the High Court or a subordinate court to follow the decision of the Supreme Court.

Who has the right to appeal to a higher court?

In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant has a right to an appeal in most states. (Some states give the prosecution a limited right to appeal to determine certain points of law.

Can High Court challenge Supreme Court?

In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order.

Can a judgement be appealed to the Supreme Court?

When a decree is appealed to a superior court initially, it is called the first appeal and if the same is appealed again, a second appeal lies to the High Court. But when a High Court passes a decision against one party and against another, the judgement debtor may even appeal to the Supreme Court.

What are the conditions for appeal to the Supreme Court?

Appeals to the Supreme Court are subject to two conditions: Certification of a Point of Law of General Public Importance by the Court of Appeal.

When does the Supreme Court agree to hear a case?

The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal.

When can an appeal be filed against a high court order?

An appeal can be filed against any judgment, final order or sentence of a High Court in a criminal proceeding in the following situations: The concerned High Court has reversed an appeal by an order of acquittal of an accused person and sentenced him to death, imprisonment for life or imprisonment for a period of not less than ten years.