Special leave petition
abhishej
(Querist) 02 February 2015
This query is : Resolved
hello!sir/madam.I want to know that what is special leave petition in supreme court
R.K Nanda
(Expert) 02 February 2015
academic query.
P. Venu
(Expert) 03 February 2015
What is your problem, if any?
Devajyoti Barman
(Expert) 03 February 2015
author is posting one line queries with no details on several occasions.
Nadeem Qureshi
(Expert) 03 February 2015
Dear Querist
your query is purely academic, so no reply will be better but because of your query and knowledge read the below:
and try to avoid ask these type of queries which is academic and you can search yourself in future.
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.
The Constitution of India under Article 136 vests the Supreme Court of India 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.
This is special power, bestowed upon the Supreme Court of India which is the Apex Court of the country, to grant leave to appeal against any judgment in case any substantial constitutional question of law is involved, or gross injustice has been done.
"Special leave petition[1]" or SLP hold a prime place in the Indian judicial system. 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.
Special Leave petition or SLP can be presented under following circumstance:
SLP can be filed against any judgment or decree or order of any High Court /tribunal in the territory of India.
Or, SLP can be filed in case the High court refuses to grant the certificate of fitness for appeal to Supreme Court of India.
Time frame within which SLP can be filed:
SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
Or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
Who can file SLP:
Any aggrieved party can file SLP against the judgment or order of refusal of grant of certificate.
Contents of SLP:
This petition is required to state all the facts that are necessary to enable the court to determine whether SLP ought to be granted or not. It is required to be signed by Advocate on record. The petition should also contain statement that the petitioner has not filed any other petition in the High court.
It should be accompanied by a certified copy of judgement appealed against and an affidavit by the petitioner verifying the same and should also be accompanied by all the documents that formed part of pleading in Lower court.
ajay sethi
(Expert) 03 February 2015
academic query
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
No reply to academic queries is the stand taken by experts. The author is posting fourth such query in a row.
