Special Leave Petition

Special Leave Petition Supreme Court of India (SLP)

A Special Leave Petition (SLP) is filed under Article 136 of the Constitution of India. An SLP is filed praying before the Hon’ble Supreme Court to grant leave   to appeal against any order or judgment in any matter .

Filing the SLP: An SLP is filed by an Advocate-On-Record specially qualified and equipped to draft such petition.

      1. Who can file an SLP?

    Any person aggrieved by a judgment, decree, determination, sentence, or order of any court or tribunal in India.

        • Grounds under which  SLP can be filed: Main grounds include questions of law of general public importance and in  cases of violation of fundamental rights.

        • When Leave is granted: The Hon’ble  Supreme Court has discretionary power to  to either grant or dismiss the leave. The Supreme Court has such powers under article 142 of the constitution of India and  may either modify or reverse the decision of the lower court.

      Supreme court always takes into account substantial questions of law or when there is violation of fundamental rights which are  involved.

      What are  the issues under which SLP can be filed?

          • When substantial question of law is involved

          • When there is gross miscarriage of justice.

        Under which format is SLP filed:

        SLP filed  in the format of Form No. 28 with certificate of Advocate-on-Record

        What happens on the first date of hearing of SLP

        When the Matter is listed for hearing the court may either dismiss the petition or issue notice which is totally the discretion of the Hon’ble Supreme Court.

        When Caveat is already filed by opposite party?

        When the party which has already been victorious in the High Court or tribunal may file a caveat to represent itself at the very frist date of hearing of the SLP

        What is expected when SLP is allowed?

        The Hon’ble Supreme Court may either Reverse ,Modify or affirm the judgment, decree, determination, sentence, or order of the lower court or tribunal.

        Can SLP be filed in matters relating to BAIL?

        Yes special leave petition can be filed in bail matter or in any criminal  matters as also in civil matters

        Time within which SLP can be filed?

        Within 90 days from the date of  the final order or judgment of the High Court or in many cases like appeal against NCLAT orders within 60 days

        It is important to note that filing an SLP is not a guarantee of success. The Supreme Court has the discretion to grant or reject an SLP, and it only does so in a small percentage of cases. However, if you believe that you have been wronged by a judgment or order of a lower court or tribunal, you may have a valid basis for filing an SLP.

        Who should you consult to file an SLP?

        An Advocate on Record (AoR) specially equipped and qualified to file a Special Leave Petition.

            1. Consultation:  We at caveatindia.com provide you with free consultation and information on any query related to filing Special Leave Petition

            1. Drafting : Once you have decided to file an SLP, you will need to gather all of the relevant documents, including the judgment, decree, determination, sentence, or order against which you are appealing, as well as any other pleadings, documents, and other material relied upon by the petitioner.

            1. Filing SLP:
              An Advocate-On-Record files your case either himself or through his registered clerk. Both Online and Offline filing is allowed in the Registry

            1. Copies of SLP served in cases of Caveat

          If there is a caveat petition filed by the opposite party  a copy of SLP will be served by the AOR to the opposite counsel who has entered appearance through caveat.

              • Hearings: 

            We at caveatindia.com guides you and helps you with entering appearance for hearings.

            What is the cost of filing SLP?

            Theres a court fees that is filed alongwith the petition at the time of filing SLP which the AOR takes care of

            CONCLUSION

            We at taps9law will help you through the process as and when required . You may call us at 9873628941 for filing SLP in Supreme Court of India or even click here to fill the form and we w ill get back to you

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