SLP rejected by supreme court can I file for review
my SLP(for leave to defend) has been rejected in supreme court without giving dismiss reason. just asked to file the undertaking and vacate the premises within 3 months. now i want to go for SLP review in such case am i eligible for review application if yes the review order/resulted how much time takes for the finalization. And during the time SLP is reviewed do need to leave the premises if three months passed.
Filing a review application is not advisible in your case. Review is file only on limited grounds such as,
i) the order for review suffers from apparent error or mustake
ii) some new fact has come into the knowledge of the petitioner/ applicant which would have material impact on the decision of the case. And this new fact would not have come in his knowledge even with due deligence. It is important to know that review aaplications goes to the same jydge who dismissed the SLP and it is decided in chamber. Meaning thereby advocates are not heard unless court otherwise decides. If you have any such ground you may go for it. Dismissal of slp without reason is no ground. Futhermore filing review will not entitle you to stay for a longer period than directed.
Advocate Ramesh K MishraJangpura Ext., Delhi
Yes, the review of that order from Supreme Court can be filed. Please note that the mere filing of review does not affect the status of the order till the time the judgement or the order gets reviewed.
Advocate Prakash KumarNizamuddin East, Delhi
Hello, Without going into merits of the case I would like to advise you that Review of SLP can be filed within 30 days of the dismissal of your SLP. However if it is delayed and delay is justifiable, you can file review stating the reasons as to why and on which grounds you are asking to review your petition along with an application for condonation of delay. Regards
Advocate Wg Cdr Ajit Kakkar (Retd)Dwarka, Delhi
Yes you can file a Review Petition. However keeping in mind the practice of the SC in entertaining a review in such cases of tenant where undertaking has been filed, I SUGGEST that you only file a review or an application for extension of time seeking to vacate after 9 months or 1 year. SC will not entertain a review otherwise. Please feel free to contact me for discussion.
Advocate Vanshdeep DalmiaJor Bagh, Delhi
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