Power of supreme court under Article 136 of constitution of
Dr Shahid Nadeem
(Querist) 27 November 2015
This query is : Resolved
Respected experts...
While exercising powers under article 136 of constitution of India, Supreme court is empowered to grant leave to Special leave Petition against order of any court/tribunal if there is grave injustice has occurred or there any substantial question of law is involved and these powers can be exercised sparingly and exceptional cases and also these powers are discretionary and residual and not the appellate jurisdiction....
My query is that, while deciding SLP against an order of high court in second appeal to grant leave or not ,having no merits no substantial question of law Can supreme court direct any lower court instead of dismissing SLP ,to decide other pending litigation against lower court and then further listing the matter in Supreme Court???
Isaac Gabriel
(Expert) 29 November 2015
It is the prerogative of the Supreme court to take any step warranted to decide the issue, and it cannot be questioned.
Dr Shahid Nadeem
(Querist) 30 November 2015
Accepted sir .....i m talking about a matter in which validity and truthfulness of change report of public charitable trust is filled by alleged people by fabrication of documents and preparation of forged documents is done in 2002... Which is rejected by Assistant charity commissioner and also dismissed by district court and High court...in SLP alleged people didn't have any substantial question of law,not any grave error of law or injustice done to them and all lower courts including high court was in my favour ..after long duration of 13 years justice came to end the matter but opponent misguided supreme court by saying that there is settlement going on between both parties and got notices issued on the basis of consensus...When I filled my counter reply with all the relevant documents that opponent has suppressed relevant facts and didn't reach court with clean hands ...Keeping all records at a side without looking into the matter Supreme court directed Asistant charity commissioner to decide pending change reports...... In fact pending change reports are filled by opponent on the basis of change report which got rejected by all lower Courts including High court.........
K.S.Srinivas
(Expert) 06 December 2015
Yes. The Supreme Court of India has that power.
Dr Shahid Nadeem
(Querist) 09 December 2015
OK sir ...thanks a lot for ur kind suggestions.. I have complied with the order of supreme court instead of filling review.......
Dr Shahid Nadeem
(Querist) 09 December 2015
OK sir ...thanks a lot for ur kind suggestions.. I have complied with the order of supreme court instead of filling review.......
