𝐒𝐩𝐞𝐜𝐢𝐚𝐥 𝐋𝐞𝐚𝐯𝐞 𝐏𝐞𝐭𝐢𝐭𝐢𝐨𝐧𝐬 𝐒𝐋𝐏 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐈𝐧𝐝𝐢𝐚 (2024)

Special Leave Petitions SLP Supreme Court of India

Special Leave Petition (SLP) is a legal remedy available to parties who seek to appeal to the Supreme Court of India against any judgment, order, or decree passed by any court or tribunal in India. SLPs are filed under Article 136 of the Constitution of India, which grants the Supreme Court discretionary powers to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter.

Unlike other provisions of the Constitution, there are no restrictions on the court’s power to grant special leave to appeal under Article 136. The Court can grant leave to appeal against any order, including interim orders, and there is no limit on the amount of time that has passed since the order was passed.

However, the Court exercises its powers under Article 136 cautiously and judiciously. It has laid down certain principles and guidelines for the exercise of its discretionary powers, such as only granting leave in cases involving a substantial question of law or a miscarriage of justice.

SLPs are filed in the Supreme Court by way of a petition, which must set out the grounds on which the appeal is sought. The petitioner must also provide certified copies of the impugned order or judgment, as well as any other relevant documents.

Once an SLP is filed, the Court may either grant or refuse leave to appeal. If leave is granted, the case will be heard and decided by the Supreme Court. If leave is refused, the decision of the lower court or tribunal will stand, and the petitioner will not have any further right of appeal.

1. Scope and grounds for granting SLP: The scope of SLP under Article 136 is very wide and not restricted to any particular subject matter or jurisdiction. The Supreme Court has the discretion to grant SLP if it finds that the case involves a substantial question of law or that the case presents a grave miscarriage of justice. The grounds for granting SLP may include an error of law, violation of fundamental rights, substantial and grave injustice, or any other exceptional circ*mstance.
2. Procedure for filing SLP: An SLP can be filed by a party aggrieved by the judgment, decree, determination, sentence, or order of any court or tribunal in India. The SLP should be filed within a prescribed time limit and should contain the facts and grounds on which the petitioner seeks leave to appeal to the Supreme Court. The SLP should be accompanied by relevant documents and court fees as prescribed by the court.
3. Role of the Supreme Court in deciding SLP: The Supreme Court has the discretion to grant or refuse SLP based on the facts and circ*mstances of each case. The court may also impose conditions while granting SLP, such as depositing of security or staying the operation of the impugned order. The court may also dispose of the SLP by issuing directions or giving final judgment in the matter.
4. Importance of SLP in Indian legal system: SLP plays a significant role in the Indian legal system as it provides an opportunity to the Supreme Court to correct errors or injustices committed by lower courts or tribunals. It ensures that justice is done in cases where lower courts have failed to follow the principles of natural justice or have committed any other error of law. SLP also helps in maintaining consistency and uniformity in the application of law throughout the country.
5. Limitations of SLP: Despite its wide scope, SLP has certain limitations, such as its limited availability and high cost. Only a party aggrieved by the impugned order can file an SLP, and the court may refuse to grant SLP if it finds that the case does not involve a substantial question of law or any exceptional circ*mstance. Moreover, the cost of filing an SLP is usually higher than that of an ordinary appeal, which may discourage some parties from approaching the court.

Special Leave Petitions (SLP) hold a significant place in the Indian Judiciary, and the Supreme Court of India has been given the power to grant special leave to appeal against any judgment, order, or decree passed by any court or tribunal in the country, except military tribunals and court martial. SLP is a discretionary power vested in the Supreme Court, which can refuse to grant leave to appeal if it deems fit. It is not a right of the aggrieved party, but a privilege that the Supreme Court has the power to grant.

The aggrieved party can file an SLP against any judgment or order of any High Court or tribunal in the country. They can also file an SLP if the High Court refuses to grant the certificate of fitness for appeal to the Supreme Court. The SLP must be filed within 90 days from the date of judgment or within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal.

The petition should state all the necessary facts to enable the court to determine whether SLP should be granted or not. It should be signed by an advocate on record and accompanied by a certified copy of the judgment appealed against and an affidavit by the petitioner verifying the same. The petition should also contain a statement that the petitioner has not filed any other petition in the High Court, and all documents that formed part of the pleading in the lower court should be submitted with the petition.

In summary, SLP provides an opportunity to the aggrieved party to be heard in the Apex Court in appeal against any judgment or order of any court or tribunal in India, where a substantial question of law is involved or gross injustice has been done. It is a discretionary power vested in the Supreme Court, and the court may refuse to grant leave to appeal.

Special Leave Petition (SLP) is a powerful tool provided under Article 136 of the Indian Constitution, which allows an aggrieved party to appeal against any judgment, decree, determination, sentence, or order of any court or tribunal in India, subject to certain conditions. The Supreme Court has the discretion to grant or refuse such leave to appeal.

The time limit to file an SLP is 90 days from the date of the judgment or within 60 days if the High Court has refused to grant a certificate of fitness for appeal. The aggrieved party can file an SLP in cases where a substantial question of law arises or gross injustice has been done.

To file an SLP, the petitioner must provide a brief synopsis of the facts and issues presented in the case along with a list of dates. The petitioner also has to formulate questions of law to appeal against the judgment. The SLP must be signed by the Advocate on Record (AoR) and must contain a declaration stating that there is no other petition filed in the high court. It should also have a declaration stating that the annexures produced along with the SLP are true copies of the pleadings presented in the lower courts.

Once an SLP is registered and presented in the Supreme Court, the petitioner will get an opportunity to be heard before the court. Depending upon the merits of the case, the Court will issue a notice to the opposite party, who will have to file a counter affidavit stating their views. The court will then decide whether to grant leave or not. If leave is granted, the case will be converted into a civil appeal and will be argued afresh in the Supreme Court.

It is important to note that an SLP is not a guaranteed right and is a privilege granted to the Supreme Court by the Constitution of India. The Court exercises this power only in cases where there is a substantial question of law or gross injustice has been done.

Article 136 of the Indian Constitution is a provision that grants the Supreme Court of India the power to hear and decide on appeals against any judgment, decree, order, determination, or sentence of any court or tribunal in the territory of India. The article provides the right to apply for a special leave petition (SLP) to the Supreme Court and not the right to appeal. The Supreme Court will consider the facts and circ*mstances of the case before deciding whether to grant the SLP or not.

A special leave petition is not a right that is guaranteed to the citizens of India but a privilege that is granted to the Supreme Court by the Constitution. It applies to both final and intermediary orders, and it can be filed if the high court refuses to grant a certificate of fitness for appeal under Article 134A of the Indian Constitution.

The time limit for filing a special leave petition is 90 days from the date of judgment or 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to the Supreme Court. A special leave petition must contain all the necessary facts required for the Supreme Court to decide whether it should grant the SLP or not. It must be signed by the Advocate on Record (AoR), and the petitioner must make declarations stating that there is no other petition filed in the high court and that the annexures produced along with the SLP are true copies of the pleadings presented in the lower courts. The special leave petition must also be attached with the judgment against which the appeal is to be filed.

1. SLP is a special power granted to the Supreme Court of India to hear appeals against any judgment, order, decree or sentence of any court or tribunal in India where gross injustice has been done or substantial questions of law are involved.
2. SLP can be filed against both civil and criminal subject matters and can be filed within 90 days against the impugned order of the court or tribunal. However, if the High Court has refused to grant the Certificate of Fitness for Appeal, SLP can be filed within 60 days.
3. The Supreme Court’s powers under Article 136 are discretionary and intended to correct grave miscarriage of justice or to pronounce accurate law on the subject. The Supreme Court should not be approached for interference in the regular course of litigation.
4. The procedure to file SLP before the Supreme Court requires filling Form no. 28 stating all the facts clearly, including details of parties, the question of law involved, grounds of appeal, main prayer, relief being sought, and declaration affirming the authenticity of the annexures provided. The petition must be signed by an Advocate-on-Record and filed in the registry in seven copies with the appropriate fee.
5. If the Supreme Court grants special leave, it exercises its appellate jurisdiction, and its decisions will be binding.