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What is the procedure to file Special Leave Petition?


  • Special Leave petition is a special remedy available in certain circumstances. The Indian legal system has taken all the requisite steps to ensure that no is ever subjected to injustice, even by the court of law. A special leave petition can only be filed before the Supreme Court. This power has been especially conferred upon the Supreme Court under Article 136 of the Constitution of India. Typically, a person has a right to appeal against a judgment of a lower court or a high court if he thinks justice has not been delivered. If you are aggrieved by an order or judgment of the lower court then you can seek a permission from the Supreme Court to go for an appeal against such order or judgment. The Apex Court can direct a lower court to hear the appeal or can take up the case for hearing itself. You need to establish urgency of matter to sustain an SLP before Supreme Court. An SLP is maintainable for both civil and criminal cases.

    Time limit for filing an SLP

    An SLP should be filed against a decision of the High Court or any other Tribunal within 90 days of pronouncement of such decision. In matters where the High Court refuses permission to file an appeal to Supreme Court then SLP has to be filed within 60 days of such order of refusal.

    Procedure to file an SLP

    The person filing the petition must include the following components in his petition-

    • All the important facts to enable the court to determine whether SLP is maintainable or not

    • Statement of the petitioner has not filed any other petition in the High Court

    • All the other relevant documents

    • Affidavit by the petitioner verifying the contents of the petition

    The Supreme Court has the discretion to refuse the case or send the case back to lower court for a fresh adjudication.

     

    These guides are not legal advice, nor a substitute for a lawyer

    These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

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