Drafting
Hamna
(Querist) 31 March 2020
This query is : Resolved
I am a law student.
What is the paper book in an SLP petition?
What all does it Include?
Hamna
(Querist) 31 March 2020
I am learning to draft an SLP in first year.
Raj Kumar Makkad
(Expert) 31 March 2020
The Supreme Court has the discretionary power to decide the case and the Court enjoys the residual power which is decided outside the purview of ordinary law given under Article 136 of the Constitution from any judgment, decree, sentence or order passed or made by any Court or Tribunal of India.
The SLP is governed under the rules mentioned in Order XVI of the Supreme Court Rules 1996 under either which the SLP is filed upon refusing the Certificate of fitness by the High Court or when there is a need to interfere by the Supreme Court to give Justice.
The Limitation period is of 90 days from the date of judgment or decree passed by the High Court. In case where the High Court has refused to grant the certificate against the order of the High Court, the limitation period is 60 days.
Raj Kumar Makkad
(Expert) 31 March 2020
Go through Rules XVI of Supreme Court Rules, 1996 first.
Raj Kumar Makkad
(Expert) 31 March 2020
You may also go through the following link for your in-depth knowledge:
http://www.legalserviceindia.com/legal/article-1494-how-to-file-special-leave-petition-slp-in-the-supreme-court-of-india.html
Akshay
(Expert) 01 April 2020
Hi
Thank you for your question
Article 136 of the Constitution of India under the Article 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.
Q. SLP( special leave petition) in Supreme court. How to file it?
Ans. The aggrieved person can File a SLP within 90 days from the sate of passing an orfder.
Filing SLP, you can file it in Person, Through Advocate on Record.
For example:- A was charged under IPC 302, then your remedy arise, you have exhausted your Appellate remedy in High Court and you are not left with any appeal remedy then you can file a Special Leave Petition in Supreme Court.
Supreme Court with its discretionary power may or may not grant the Leave.
You can file Civil SLP and Criminal SLP.
Hope this will help you
Best regards,
Akshay Gupta
Rajendra K Goyal
(Expert) 01 April 2020
You can use form No. 28 {(Order XVI Rule 4(1) (a) } for drafting, form can be obtained from Gazette Notification Supreme Court Of India dated 27th May, 2014.
Rajendra K Goyal
(Expert) 01 April 2020
You can use the format mentioned above and draft it as per the need of the case for which it is to be filed.
Hamna
(Querist) 01 April 2020
Thank you all for your replies......from prac point of view......can u pls tell what all an Slp petition includes and what is the format of arranging the documents?
Hamna
(Querist) 01 April 2020
So the form 28 is the layout acc to which we have to prepare the entire the petition.
Raj Kumar Makkad
(Expert) 01 April 2020
You being a student are expected to make self-study especially during these days of Lock-down. Concentrate yourself instead of asking each and every question to the experts.
This advice of for your future also otherwise we have no objection even to draft your SLP as many as you desire but what shall be its use for you if you don't have your own study?
Rajendra K Goyal
(Expert) 01 April 2020
Good advice from the expert Raj Kumar Makkad ji, a student must work hard for a bright future. This work would help generating self confidence.
T. Kalaiselvan, Advocate
(Expert) 01 April 2020
The expert Mr. Goyal has correctly guided you especially when you have mentioned that you are a student.
You can be guided only to certain extent and not the you will be spoon fed on each and every issue.
You may have to make your own efforts also so that this practical knowledge will be useful for you in future too when you happen to practice law after completion of studies.
Rajendra K Goyal
(Expert) 02 April 2020
Thanks expert T.Kalaiselvan sir for your agreeing.
