SLP Special Leave Petition

SLP Special Leave Petition Supreme Court of India

A Special Leave Petition (SLP) is a remedy available under Article 136 of the Constitution of India, which grants special powers to the Supreme Court of India to grant leave (permission) to appeal against any judgment or order in any matter passed or made by any court or tribunal in the territory of India.

Here’s a brief overview of the Special Leave Petition (SLP) process in the Supreme Court of India:

1. Filing the SLP:
   • A party seeking to appeal to the Supreme Court files a petition known as the Special Leave Petition (SLP).
   • The SLP is filed against the judgment or order of a lower court, tribunal, or any other authority.
2. Grounds for Filing SLP:
   • The petitioner needs to clearly state the grounds on which the special leave is sought.
   • The grounds may include questions of law of general public importance or the violation of fundamental rights.
3. Granting or Dismissing Leave:
   • The Supreme Court has the discretion to either grant or dismiss the leave.
   • If leave is granted, the appeal is heard by the Supreme Court.
4. Hearing the Appeal:
   • If the Supreme Court grants leave, the actual appeal is heard on its merits.
   • The Supreme Court may either uphold, modify, or reverse the decision of the lower court.

It’s important to note that the Supreme Court generally exercises its discretion in granting special leave if there are substantial questions of law or issues of constitutional importance involved.

If you are considering filing a Special Leave Petition, it is advisable to consult with a legal professional who can provide guidance based on the specifics of your case. The process and requirements may evolve, so it’s always important to refer to the latest legal provisions and practices.

A Special Leave Petition (SLP) is a petition filed under Article 136 of the Constitution of India, seeking special permission to appeal against the judgment, decree, determination, sentence, or order of any court or tribunal in India. The Supreme Court has the discretion to grant or reject an SLP.

Who can file an SLP?

An SLP can be filed by any person who is aggrieved by a judgment, decree, determination, sentence, or order of any court or tribunal in India. This includes individuals, companies, and organizations.

What are the grounds for filing an SLP?

An SLP can be filed on the following grounds:

• A substantial question of law is involved in the case.
• There has been a gross miscarriage of justice.

What is the procedure for filing an SLP?

An SLP must be filed within 60 days of the date of the judgment, decree, determination, sentence, or order against which the SLP is being filed. The SLP must be filed in Form No. 28 prescribed by the Supreme Court. The SLP must be accompanied by a copy of the judgment, decree, determination, sentence, or order against which the SLP is being filed. The SLP must also be accompanied by a copy of the pleadings, documents, and other material relied upon by the petitioner.

What happens after an SLP is filed?

Once an SLP is filed, the Supreme Court will issue notice to the respondent(s) to the SLP. The respondent(s) will then have an opportunity to file a counter-affidavit. The Supreme Court will then fix the matter for hearing. At the hearing, the petitioner and the respondent(s) will have an opportunity to argue their case. After hearing the parties, the Supreme Court will pass an order either granting or rejecting the SLP.

What are the powers of the Supreme Court in an SLP?

If the Supreme Court grants an SLP, it can:

• Reverse the judgment, decree, determination, sentence, or order of the lower court or tribunal.
• Modify the judgment, decree, determination, sentence, or order of the lower court or tribunal.
• Affirm the judgment, decree, determination, sentence, or order of the lower court or tribunal.

Who can file an SLP Special Leave Petition in Supreme Court of India?

A Special Leave Petition (SLP) under Article 136 of the Constitution of India can be filed by any person aggrieved by a judgment, decree, determination, sentence, or order of any court or tribunal in India. This includes individuals, companies, and organizations.

Specifically, the following parties can file an SLP:

1. Parties directly affected by the judgment or order: This includes the parties who were involved in the original proceedings that led to the judgment or order.
2. Parties with a direct legal interest in the matter: This includes parties whose legal rights or interests are directly affected by the judgment or order, even if they were not directly involved in the original proceedings.
3. Persons acting in the public interest: This includes individuals or organizations who have a legitimate interest in upholding the law or preventing injustice, even if they do not have a direct personal stake in the outcome of the case.

In addition to these general requirements, there are specific conditions for filing an SLP in certain types of cases:

• Criminal cases: An SLP can only be filed against a final judgment or order in a criminal case.
• Civil cases: An SLP can be filed against any judgment or order in a civil case, but the Supreme Court may grant leave only if it is satisfied that a substantial question of law is involved.
• Cases involving fundamental rights: An SLP can be filed against any judgment or order that violates or affects fundamental rights guaranteed under Part III of the Constitution.

Regardless of the type of case, an SLP must be filed within a limited period of time:

• Civil cases: 60 days from the date of the judgment or order.
• Criminal cases: 60 days from the date of the judgment or order, or within 30 days of the application for review being rejected by the High Court.

It is important to note that filing an SLP is not a guarantee of success. The Supreme Court has the discretion to grant or reject an SLP, and it only does so in a small percentage of cases. However, if you believe that you have been wronged by a judgment or order of a lower court or tribunal, you may have a valid basis for filing an SLP.

In the Supreme Court of India, a Special Leave Petition (SLP) can be filed by various parties under certain circumstances. Here are the key parties that can file an SLP:

1. Appellant or Petitioner:
   • The party that is dissatisfied with a judgment, decree, order, or decision of any court or tribunal can file an SLP in the Supreme Court seeking special leave to appeal.
2. Respondent:
   • The party against whom the judgment, decree, order, or decision has been passed may also file an SLP in certain situations. This is often done to seek a review or clarification of the decision.
3. Intervener:
   • Any person or organization that has a substantial interest in the case may seek permission to intervene in the proceedings and file an SLP. The Supreme Court has the discretion to allow or disallow intervention.
4. Public Interest Litigant:
   • Individuals or organizations acting in the public interest, often referred to as Public Interest Litigants (PIL), may file an SLP if they believe that the case involves issues of broader public importance.
5. Special Government Agencies:
   • Government bodies, departments, or agencies may file an SLP in matters of public importance or cases that affect the functioning of the government.
6. Legal Representatives:
   • Legal representatives, including advocates and lawyers, can file an SLP on behalf of their clients.

It’s important to note that the Supreme Court has discretionary powers in granting or rejecting special leave. The court may choose to hear cases that involve substantial questions of law or issues of constitutional importance.

Before filing an SLP, it is advisable to consult with legal professionals to ensure that the grounds for appeal are valid and meet the criteria set by the Supreme Court. The rules and procedures may be subject to change, so it’s essential to refer to the latest legal provisions and practices.

SLP Special Leave Petition in Supreme Court of India by Advocate On Record

An Advocate on Record (AoR) is a legal professional who is authorized to practice before the Supreme Court of India. AoRs are responsible for filing and representing cases before the Supreme Court, and they play an important role in ensuring that the Court’s procedures are followed correctly.

In order to file a Special Leave Petition (SLP) in the Supreme Court of India, the petitioner must be represented by an AoR. The AoR will be responsible for drafting the SLP, ensuring that it complies with the Supreme Court’s rules, and filing it with the Court. The AoR will also represent the petitioner at any hearings that are scheduled in the case.

Here is a step-by-step guide on how to file an SLP in the Supreme Court of India by an Advocate on Record:

1. Consult with an AoR: The first step is to consult with an AoR to discuss your case and determine whether you have a valid ground for filing an SLP. The AoR will be able to advise you on the likelihood of success and the costs involved in filing an SLP.
2. Gather documents: Once you have decided to file an SLP, you will need to gather all of the relevant documents, including the judgment, decree, determination, sentence, or order against which you are appealing, as well as any other pleadings, documents, and other material relied upon by the petitioner.
3. Draft the SLP: The AoR will draft the SLP, which is a detailed document that sets out the grounds for the appeal and the relief sought. The SLP must be drafted in accordance with the Supreme Court’s rules and must be accompanied by the required filing fee.
4. File the SLP: The AoR will file the SLP with the Supreme Court’s Registry. The SLP must be filed within 60 days of the date of the judgment, decree, determination, sentence, or order against which you are appealing.
5. Serve the SLP: The AoR will serve the SLP on the respondent(s) to the SLP. The respondent(s) will then have an opportunity to file a counter-affidavit.
6. Attend hearings: The AoR will represent the petitioner at any hearings that are scheduled in the case. The petitioner will have an opportunity to argue their case before the Supreme Court.
7. Receive the judgment: The Supreme Court will issue a judgment in the case. If the Supreme Court grants the SLP, it may reverse, modify, or affirm the judgment, decree, determination, sentence, or order of the lower court or tribunal.

Filing an SLP can be a complex process, and it is important to seek the advice of an experienced AoR. An AoR can help you to ensure that your SLP is filed correctly and that you have the best chance of success.

Here are some of the benefits of filing an SLP through an AoR:

• Experience and expertise: AoRs have extensive experience and expertise in filing SLPs and representing cases before the Supreme Court. They will be able to guide you through the process and ensure that your SLP is filed correctly.
• Knowledge of the Supreme Court’s rules: AoRs are up-to-date on the Supreme Court’s rules and procedures. They will be able to ensure that your SLP complies with all of the requirements.
• Access to the Supreme Court: AoRs have access to the Supreme Court’s facilities and resources. They will be able to file your SLP quickly and efficiently.
• Advocacy skills: AoRs are skilled advocates who can effectively present your case to the Supreme Court.

If you are considering filing an SLP, I recommend that you consult with an AoR to discuss your case and determine whether you have a valid ground for appeal.

In the Supreme Court of India, the filing of a Special Leave Petition (SLP) is typically done through an Advocate on Record (AOR). An Advocate on Record is an advocate who is entitled to act, appear, and plead in the Supreme Court and is registered as such with the Supreme Court Bar Association. Here’s a brief overview of the process:

1. Engagement of an Advocate on Record:
   • The party intending to file the SLP engages an Advocate on Record. The engagement is a formal agreement where the advocate agrees to represent the party in the Supreme Court.
2. Preparation of SLP:
   • The Advocate on Record prepares the SLP on behalf of the party. The petition must contain all the necessary details, grounds for appeal, and any relevant documents.
3. Filing in the Registry:
   • The prepared SLP is filed in the Supreme Court Registry. The Registry is responsible for accepting and processing various legal documents, including petitions.
4. Payment of Fees:
   • There are specific fees associated with filing an SLP, and the party must ensure that these fees are paid at the time of filing. The fees can vary based on the nature of the case.
5. Service of Notice:
   • Once the SLP is filed, a copy is served on the opposite party (respondent). The respondent has the opportunity to file a counter-affidavit or response.
6. Listing and Hearing:
   • The Supreme Court Registry lists the matter for hearing before the appropriate bench. The court may decide whether to grant or refuse leave based on the merits of the case.
7. Decision of the Court:
   • If the Supreme Court grants leave, the SLP proceeds to a full hearing on its merits. The court may either uphold, modify, or reverse the decision of the lower court.

It’s important to note that the process may involve additional steps and requirements, and the rules can be subject to change. Therefore, it is crucial to consult with a qualified Advocate on Record or legal professional who is familiar with the current procedures and practices of the Supreme Court of India.

What is SLP? How to file SLP in Supreme Court of India, Cost of filing SLP

The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. It is to be used in case any substantial constitutional question of law is involved, or gross injustice has been done.

Article 136 of the Indian Constitution, allows the Supreme Court to grant special leave to appeal against any judgment or order in any matter or case, made by any court or tribunal in the country. The Supreme Court is vested with the absolute power of interpretation of the constitution being the ultimate guardian of it.

This is not an appeal but a petition filed for an appeal. After the filing of SLP, the Supreme Court may hear the matter and if it deems fit may grant ‘leave’ and that petition will be converted to appeal. After that SLP shall become an appeal and the court may hear the matter and accordingly pass judgment.

Provision for Special Leave Petition (SLP) under Constitution of India

136. Special leave to appeal by the Supreme Court
Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India
Nothing in clause (1) shall apply to any judgment, determination, and sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
Article 136 of the Indian Constitution gives power to Supreme Court to grant special permission or leave to the aggrieved party to appeal against the order or judgment passed by any court or any tribunal.

Time limit to file SLP

It can be filed against any judgment of High Court within 90 days from the date of judgment or
It can be filed within 60 days against the order of High Court refusing to grant the certificate of fitness for appeal to Supreme Court.

Who can file SLP

SLP can be filed by aggrieved party against the judgment or order of refusal to grant certificate. SLP can be filed in a case where a substantial question of law arises or gross injustice has been done. Under this, the aggrieved party is provided a special permission to be heard in Apex Court in appeal against the order or judgment of any court or tribunal in the territory of India. The aggrieved party has to give a brief synopsis of the facts and issues presented in the case along with the list of dates.

Special Leave Petitions in India (SLP) holds a prime place in the Judiciary of India, and has been provided as a “residual power” in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. So It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India (except military tribunal and court martial)

The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. It is to be used in case any substantial constitutional question of law is involved, or gross injustice has been done.

It is discretionary power vested in the Supreme Court of India and the court may in its discretion refuse to grant leave to appeal. The aggrieved party cannot claim special leave to appeal under Article 136 as a right, but it is privilege vested in the Supreme Court of India to grant leave to appeal or not.

Leading Judgements mentioning about SLP.

Pritam Singh v. the State [AIR 1950 SC 169]
Kunhayammed vs. State of Kerala (2000) 245 ITR 360 (SC)
Smt. Tej Kumari vs. CIT (2001) 247 ITR 210
N. Suriyakala Vs. A. Mohan doss and Others (2007) 9 SCC 196
Tirupati Balaji Developers Pvt. Ltd. Vs. State of Bihar AIR 2004 SC 2351
Jamshed Hormusji Wadia Vs. Board of Trustees, Port of Mumbai AIR 2004 SC 1815
Mathai @ Joby v. George ( (2010) 4SCC 358)
Columbia Sportswear Company v. Directorate of Income Tax (judgment of Supreme Court of India in SLP no 31543 of 2011)
Jacob Matthew vs State of Punjab (2005) 6 SCC 1
VISHAL ASHOK THORAT vs. RAJESH SHRIRAMBAPU FATE (2018

How does Supreme Court file SLP?
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