Special Leave Petition, Review Petition, Transfer petition, The Petition of Appeal, Application of Revocation of Special Leave

Special Leave Petition, Review Petition, Transfer petition, The Petition of Appeal, Application of Revocation of Special Leave

Supreme Court of India: Special Leave Petition, Review Petition, Transfer petition, The Petition of Appeal, Application of Revocation of Special Leave

The Supreme Court of India entertains various types of petitions, including:

• Special Leave Petition (SLP): An SLP is a petition filed under Article 136 of the Indian Constitution, seeking special permission to appeal against any judgment or order passed by any court or tribunal in India. This is a discretionary power vested in the Supreme Court.
• Review Petition: A review petition is filed when a party seeks a review of a judgment or order passed by the Supreme Court. It is based on the principle that no one should suffer due to a mistake of the court.
• Transfer Petition: A transfer petition is filed when a party seeks the transfer of a case pending in one High Court to another High Court or to the Supreme Court. This is done to ensure a fair and impartial trial or to avoid conflicting judgments.
• Petition of Appeal: An appeal is a petition filed to challenge a judgment or order passed by a lower court. The Supreme Court has the power to hear appeals against any judgment, decree, or order passed by any court or tribunal in India.
• Application for Revocation of Special Leave: This is an application filed to revoke a special leave granted by the Supreme Court in a case. It is usually filed when there is a change in circumstances or when new evidence comes to light.

These petitions help to ensure access to justice and protect the fundamental rights of citizens by providing a mechanism for seeking redressal against any miscarriage of justice.

Supreme Court of India: Special Leave Petition, Review Petition, Transfer petition, The Petition of Appeal, Application of Revocation of Special Leave

In the legal context of India, especially within the Supreme Court, various types of petitions and applications are commonly filed. Here’s an overview of each:

1. Special Leave Petition (SLP): This is a petition filed in the Supreme Court of India seeking special permission to appeal against any judgment or order in any matter passed by any court or tribunal in the country. It is a discretionary power given to the Supreme Court, and it can 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 India.
2. Review Petition: A review petition is filed in the Supreme Court seeking a review of its judgment or order. It’s based on specific grounds, such as discovery of new evidence or a mistake apparent on the face of the record. The review is not a rehearing of the case but rather a review of the existing decision.
3. Transfer Petition: A transfer petition is filed in the Supreme Court when a party wishes to transfer a case from one court or tribunal to another. This could be due to reasons such as convenience, impartiality, or any other valid ground.
4. Petition of Appeal: This is a generic term used for any petition filed in the Supreme Court seeking an appeal against a judgment or order of a lower court or tribunal. It could include Special Leave Petition, Civil Appeal, Criminal Appeal, etc.
5. Application for Revocation of Special Leave: If a party seeks to revoke the special leave granted by the Supreme Court, they may file an application for the revocation of such leave. This could be due to various reasons, such as settlement between parties or discovery of new facts.

Each of these petitions and applications serves specific purposes within the legal framework of India and provides avenues for parties to seek redressal or clarification from the highest court of the land.

Supreme Court of India: Special Leave Petition, Review Petition, Transfer petition, The Petition of Appeal, Application of Revocation of Special Leave

The Supreme Court of India handles appeals from lower courts through various petitions. Here’s a breakdown of some of the terms you mentioned:

• Special Leave Petition (SLP): This is the most common way to appeal to the Supreme Court. Under Article 136 of the Indian Constitution, the Supreme Court has discretion to grant leave (permission) to appeal against a judgment or order from a High Court or lower court. An SLP argues that the lower court made a significant legal error.
• Review Petition: This is filed if you believe the Supreme Court itself made an error in its judgement in your case. It asks the Court to reconsider its own decision. There are strict limitations on when a review petition can be filed.
• Transfer Petition: This petition asks the Supreme Court to transfer a case pending in a High Court to another High Court, typically due to factors like bias or public interest.
• The Petition of Appeal: This term isn’t commonly used in the Supreme Court. An appeal is usually initiated by filing an SLP or another petition depending on the situation.
• Application for Revocation of Special Leave: This doesn’t exist as a separate petition. If you wish to withdraw an SLP you’ve already filed, you can do so by filing a motion to withdraw the petition.