🏆 Part 7.4

Supreme Court Appeals — Section 62

"The Final Appellate Forum"

Master appeals from TDSAT to Supreme Court — substantial question of law, leave to appeal, SLP practice, and landmark SC decisions in cyber civil matters.

4.1

Section 62 — Appeal to Supreme Court

📖 Section 62 IT Act, 2000
Appeal to Supreme Court
"Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order... on any one or more of the grounds specified in section 100 of the Code of Civil Procedure."
📋 Key Parameters

Limitation: 60 days from communication of TDSAT order

Grounds: Section 100 CPC — substantial question of law only

Leave: Required — SC must grant leave to appeal

Alternative: SLP under Article 136 if Section 62 not available

4.2

Substantial Question of Law — S.100 CPC

⚖️ When Question is "Substantial"

1. Question of general public importance

2. Directly and substantially affects rights of parties

3. Not covered by settled law or conflicting precedents exist

4. Question is debatable, not already concluded

Examples in Cyber:

• Interpretation of "sensitive personal data" under S.43A

• Scope of Section 65B certificate requirement

• Intermediary liability parameters

• Computation of damages methodology

4.3

SLP Route — Article 136

🚀 Special Leave Petition

When to use: When Section 62 appeal not available or rejected at threshold

Scope: Broader than Section 62 — includes exceptional circumstances

Limitation: 90 days (generally; can be condoned)

Discretionary: SC's discretion whether to grant leave

Grounds: Miscarriage of justice, perversity, gross illegality

🎯 Key Takeaways — Part 7.4

  • Section 62: Appeal to SC from TDSAT within 60 days
  • Grounds: Substantial question of law per Section 100 CPC
  • Substantial: General importance, affects rights, not settled
  • SLP: Alternative under Article 136 — broader discretion
  • Leave required: SC must grant leave to proceed
  • Stay: Must be separately applied for; not automatic
  • Final forum: SC decision binds all — no further appeal
  • Costs: Substantial — reserved for genuinely significant matters

📝 Assessment — Part 7.4 (10 Questions)

1. Section 62 appeal limitation:
Section 62 provides 60 days from communication of TDSAT order.
2. Grounds under Section 62 per:
Section 62 specifically references Section 100 CPC grounds.
3. "Substantial question of law" means:
Substantial question must be of general importance and not already settled.
4. SLP is filed under:
Special Leave Petition is filed under Article 136 of Constitution.
5. SLP scope compared to Section 62:
SLP has broader scope — SC's discretion extends to exceptional circumstances.
6. Leave to appeal under Section 62:
SC must grant leave to appeal — not automatic.
7. Stay of TDSAT order in SC appeal:
Stay must be specifically sought — not automatic consequence of appeal.
8. SLP limitation generally:
SLP generally has 90 days limitation; delay can be condoned.
9. SC decision in IT Act matters:
Supreme Court is the final appellate forum — decision binds all.
10. Section 62 vs SLP — when to choose SLP:
SLP is appropriate when there's no pure legal question but exceptional circumstances exist.