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tej (student)     11 November 2010

format for filing review against dismissal of slp

if there is any specific format to file review against dismissal of slp without assigning any reason.?what is the time limit?is certified copy of judgement is required?

tej student



Learning

 3 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     11 November 2010

Dear Querist,

 

There is no specific format to file review petition in Supreme Court against dismissal of SLP, but as in any other review petition, grounds are necessary. A 30-day period is the limitation for filing review petition. If filed within limitation, certified copy of judgement may not be necessary, if beyond, its necessary for calculation of limitattion etc. However, you may move an IA for exemption in that regard.

Raja (XYZ)     02 November 2011

any citation with regard to condonation of delay

P.Padmanaabhan (advocate)     02 November 2011

dear student Thiru.Tej and others, i find thiru.tej stating that " if there is any specific format to file review against dismissal of slp without assigning any reason.?" Will the gentlmen lawyers here help me to get calrfiied one aspect an  SLP olrder, please. How to asess whether an ordrer of dismisaal of SLP is wihout  assigning a rsaon or the order fo dismissal is wih reason. Let ,me give an example from my own experience. The order of  dismissal of the SLP i am connecetd with reads: : "We do not find reason to interfere  with the impugend order by exercising   discretion under Article  136 of Cosntituion of India.. The special elave petition is dismissed.". 

My point is that will the words " we do not fing any reaoson to ineterfere with the imougned order" amount to be the to be the one single reason for the dimsissal of SLP and on that score is the dismissal ordre  a speaking one?  Because, no doubt that the slp is dismissed. But the Bench of two judges says..it is because they do not find any  reason to inetere wit the impugned order which is indeed teh subject matter of  appeal  for which the special leave was prayed for. Therefore there is the resaon of the Bench finding no resaon to ineterfer with the subject matter of appeal itself  and  so, why admit the slp at all? Hnece the dimissal? Right, sirs.? After all the  Bench has not stated - we finfd no resaon  to grant leave. The special leave petition is dismissed".. Kindly elucidate.   


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