Jurisdiction of SC in SLP

Querist : Anonymous (Querist) 21 November 2010 This query is : Resolved
Ld counsels,

If a SLP is filed against the order in Writ Appeal by the HC what will be the power and extent of jurisdiction of SC in deciding the petition.

Will the SLP be considered as only a leave to appeal against the Order of HC requiring another seperate civil appeal petition or the SLP itself will be considered as an appeal against the Order of HC in WA and disposed of.

Kindly clarify.

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R.Ramachandran (Expert) 21 November 2010
Whenever a Special Leave Petition (SLP) is filed against any order of the High Court, first the same will be considered on Mondays and Fridays (being Miscellaneous matter days) whether to admit or not.
The relief under Article 136 of the Constitution being discretionary, if no merit is found in the SLP, the Supreme Court will dismiss the same without assigning any reason.
If in some cases, the Supreme Court may order issuance of notice to the Respondent before deciding whether or not to admit the SLP. If on receipt of the response from the Respondent the SC decides not to admit the SLP it will dismiss the SLP.
In case the SC decides to admit the SLP at the first day, or after issuance of notice to the Respondent, then THERE IS NO NEED to file a fresh Civil/Criminal Appeal, since the SLP itself will be converted into Civil/Criminal Appeal.