What is Special Leave Petition in Supreme Court: A Comprehensive Guide

What is Special Leave Petition in Supreme Court Special Leave Petition (SLP) is a petition filed in the Supreme Court of India seeking special permiss [...]

What is Special Leave Petition in Supreme Court

Special Leave Petition (SLP) is a petition filed in the Supreme Court of India seeking special permission to be heard in appeal against any judgment or order passed by any court or tribunal in the country. Discretionary power Supreme Court, appeal right. SLP is considered as a remedy against the violation of fundamental rights of citizens.

Special Leave Petition

SLP filed Article 136 Indian Constitution, grants special power Supreme Court grant special leave appeal judgment, decree, sentence, order cause matter passed made court tribunal territory India. Discretionary power matter right. Important note SLP filed judgment order, including issued High Courts tribunals.

Procedure Filing SLP

The procedure for filing an SLP involves a detailed process, including obtaining certified copies of the judgment or order being challenged, preparing the SLP petition with all supporting documents, and filing it with the Supreme Court Registry. The Supreme Court then decides whether to grant special leave or not based on the merits of the case.

Significance SLP

SLP is a crucial legal remedy as it allows the Supreme Court to exercise its discretionary power to hear appeals against judgments or orders that may have a substantial impact on the administration of justice or the rights of citizens. It serves as a mechanism to ensure that justice is upheld and fundamental rights are protected.

Statistics Case Studies

In 2020, the Supreme Court received over 60,000 SLPs, and approximately 5,000 were granted special leave to appeal. Notable case SLP granted Shia Central Board Waqfs v. Uttar Pradesh Sunni Central Board Waqfs, Supreme Court ruled legality mosque`s management.

Special Leave Petition in the Supreme Court is an essential legal tool that allows individuals and entities to seek special permission for their appeals to be heard. It reflects the discretionary power of the apex court and plays a crucial role in upholding justice and protecting fundamental rights.


Legal Contract: Special Leave Petition in Supreme Court

Special Leave Petition (SLP) is a legal remedy available to litigants in the Supreme Court of India. Contract outlines terms conditions filing representation SLPs Supreme Court.

Party A [Insert Name]
Party B [Insert Name]
Date Agreement [Insert Date]

This agreement is made between Party A and Party B with regards to the filing and representation of a Special Leave Petition in the Supreme Court of India.

Terms Conditions

1. Party A agrees to engage Party B as their legal representative for the purpose of filing a Special Leave Petition in the Supreme Court.

2. Party B shall undertake all necessary legal research and preparation of the Special Leave Petition in accordance with the provisions of Article 136 of the Constitution of India and Order XV of the Supreme Court Rules, 2013.

3. Party B shall represent Party A in all proceedings related to the Special Leave Petition, including but not limited to, filing, hearings, and any subsequent appeals or reviews.

4. Party A agrees to provide all necessary documents and information to Party B for the preparation and filing of the Special Leave Petition.

5. Party A shall pay Party B a reasonable fee for their legal services, which shall be determined and agreed upon prior to the filing of the Special Leave Petition.

6. Both parties agree to abide by the Code of Civil Procedure, 1908, the Supreme Court Rules, 2013, and all other relevant laws and regulations pertaining to the filing and representation of Special Leave Petitions in the Supreme Court.

IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written.


Delving into Special Leave Petition in Supreme Court

Question Answer
1. What is a Special Leave Petition (SLP) in the Supreme Court? Ah, the Special Leave Petition! It is a unique remedy provided under Article 136 of the Indian Constitution, granting the Supreme Court the discretion to grant special permission to hear an appeal against any judgment or order in any matter.
2. When can one file a Special Leave Petition? Well, Special Leave Petition filed judgment order court tribunal territory India. Filed grounds violation fundamental rights, question law, miscarriage justice.
3. What is the process of filing a Special Leave Petition? To file a Special Leave Petition, one must prepare a concise and precise petition stating the grounds on which special leave is sought. The petition is then filed in the Supreme Court along with necessary documents and court fees.
4. Can a Special Leave Petition be filed directly in the Supreme Court? Yes, a Special Leave Petition can indeed be filed directly in the Supreme Court, bypassing the High Court. However, it is advisable to approach the High Court first, unless there are exceptional circumstances.
5. What is the significance of obtaining Special Leave from the Supreme Court? Securing Special Leave from the Supreme Court is no small feat. Signifies Court deems matter utmost importance warrants attention. It provides an opportunity for further appeal and review of a decision.
6. What can be the grounds for rejection of a Special Leave Petition? A Special Leave Petition may be rejected if it does not raise a substantial question of law, if it is filed beyond the prescribed limitation period, or if it is found to be frivolous or vexatious in nature.
7. Is there a time limit for filing a Special Leave Petition? Yes, time limit. Special Leave Petition ideally filed 90 days date judgment order special leave sought. However, there can be exceptions in certain circumstances.
8. Can an interim relief be sought in a Special Leave Petition? Absolutely! Along with the Special Leave Petition, an applicant can also seek interim relief from the Supreme Court, such as a stay on the operation of the impugned judgment or order, until the disposal of the petition.
9. What is the role of the respondent in a Special Leave Petition? The respondent has the opportunity to contest the Special Leave Petition by filing a counter-affidavit, presenting arguments, and producing relevant documents in response to the grounds raised in the petition.
10. What is the ultimate outcome of a Special Leave Petition? Well, the ultimate outcome can vary. The Supreme Court may either grant special leave and hear the appeal on merits, or it may dismiss the petition, thus affirming the judgment or order of the lower court.