Is it proper for Supreme Court to refuse to grant special leave to appeal under Art. 136 of the constitution on the ground that appellant has right to regular appeal before supreme court under other provisions of the constitution ?
Swami Sadashiva Brahmendra Sar (Nil) 17 May 2009
Is it proper for Supreme Court to refuse to grant special leave to appeal under Art. 136 of the constitution on the ground that appellant has right to regular appeal before supreme court under other provisions of the constitution ?
N.K.Assumi (Advocate) 17 May 2009
Dear Dr. I am of the view that such SLP depends on the nature of the petition, but certainly we can not say that SC has no power to grant such SLP. In State of Bombay vs M/S Ratilal 1961-(012)-STC-0018 SC entertained SLP but also helsd that "we must not be held to lay down a cursus curie for this Court. Thus I am of the view that it is not a right but discretionary power of the SC.
Swami Sadashiva Brahmendra Sar (Nil) 18 May 2009
thank you mr assumi ! the main point is - where the appellant has remedy to file appeal under art.132 to 134 but he prefered a petition under art. 136
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