Can one part of a High Court order be challenged?
Can part of a High Court order be accepted while the other part is challenged through an SLP?
Yes, a party can accept part of an order that has been handed by a High Court whereas he resists another portion by challenging it through the Special Leave Petition to Supreme Court. The court has kept this open so as the parties may feel agreeing for some favorable findings made while rejecting the adverse ones altogether. Litigants who wish for justice should be relieved to not reject any part of the order. This way, the SLP clearly mentions the parts to be contested so that it could be properly adjudicated in the Supreme Court with clarity in legal processes.
Yes, a part of a High Court order can be accepted while challenging another part through a Special Leave Petition (SLP) because under Article 136 of the Constitution, it is within the powers granted to the Supreme Court of India to entertain an SLP against any judgment or order of a High Court or tribunal. This again means that an aggrieved party may choose to accept the favorable portions of a ruling, and by the law, challenge a part of the unfavorable aspects from the SLP because not necessarily will an aggrieved party be forced to refuse the order in its entirety.
Sir, it is important to consult an expert lawyer who will assist you with the High Court order, determine the legal grounds for appeal and ensure that the SLP is filed appropriately. In some cases challenging only part of the order might impact the overall legal strategy so legal advice is crucial. For further legal assistance contact us on our helpline number.
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