SLP in Supreme Court of India

By Team Legal Helpline India, December 27, 2014

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  • SLP is filed under Articles 132, 133, 136 of the Constitution of India which are explained in brief hereunder alongwith the process for filing of SLP inSupreme Court of India and the format of SLP in Supreme Court of India.
  • Special Leave Petition is filed under Article 132 of the Constitution of India which contemplates for an appeal to the Supreme Court of India from a judgment, decree or final order of a High Court, whether in civil, criminal or any other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution of India. On the basis of such certificate the party can approach the Supreme Court of India and engage a lawyer for SLP in Supreme Court of India and file a SLP in the Supreme Court of India.
  • SLP is also by way of a appeal under Article 133 of the Constitution of India which contemplates for an appeal to the Supreme Court of India from a judgment, decree or final order of a High Court, from a civil proceedings of a High Court, if the High Court certifies that the case involves a substantial question of law of general importance and in its opinion the said question of law need to be decided by the Supreme Court of India. After the issuance of such a certificate, the party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP in Supreme Court of India against the orders of the High Court.
  • SLP is also by way of appeals under Article 132 of the Constitution of India which contemplates for an appeal to the Supreme Court of India from a judgment, final order or sentence in a criminal proceedings of a High Court if
  • (a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or
  • (b) has withdrawn from trail before itself, any case from any court subordinate to it and has in such trial convicted the accused and sentenced him to death or
  • (c) it certifies that the case of a fit one for appeal to the Supreme Court of India. The party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.
  • SLP is also under Article 136 of the Constitution of India which contemplates that the Supreme Court in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case of matter passed or made by any Court or tribunal in the territory of India except the Court of tribunal constituted by or under any law relating to armed forces. The party aggrieved by the order of the High Court can engage a lawyer for SLP and file a SLP against the orders of the High Court. The SLP under Article 136 of the Constitution of India is the most prevalent and common petition filed before the Supreme Court of India against the orders of the High Courts.
  • SLP can only be filed against the orders of the High Court when there is an error of law apparent on the face of the order or there has been misapplication of law in the matter. SLP requires the services of highly qualified and specialized lawyer in the Supreme Court of India who can formulate the proper grounds for the court to consider the matter.
  • SLP is filed in the Registry of the court which is scrutinized and checked in accordance with the rules of the Supreme Court and then the Registrar orders for the listing of the SLP then only the SLP is placed before the court for hearing.
  • Once the SLP is listed for hearing before the Court, the Court can either issue notice in the matter or dismiss the same. In the event of the court issuing a notice in the SLP, the petition has to file the process fee and the sets of the petition for service of the notice on the other party. The Registry of the Supreme Court of India thereafter issues the notice to the respondent party who can appear before the court in accordance with the rules in SLP. The SLP is thereafter heard and decided by the Supreme Court in accordance with the law and the orders under challenge are upheld, quashed or modified accordingly by the Supreme Court of India.
  • SLP can be filed in civil as well as criminal matters against the orders of the High Courts; the process of filing in the matters is same besides the facts of the case and applicable law in the matter.

IMPORTANT TIPS FOR FILING OF SLP IN SUPREME COURT OF INDIA:

(i) Affidavit of the petitioner duly sworn is to be filed along with the SLP.

(ii) Annexures as referred to in the Writ Petition, with court fees of Rs.2/- per annexure are filed in the SLP.

(iii) 1+5 copies of the SLP are filed which are duly bound.

(iv) Court fee of Rs.50/- per petitioner for civil matters, for criminal matters, no fees is required in SLP.

(v) Index of the SLP is filed at the top of the petition.

(vi) Cover page of the SLP is to be fixed at the top of the petition.

(vii) Application for interim relief, stay, exemption etc. to be included in the SLP.

(viii) Memo of appearance, Rs. 5/- Court fee is to be filed alongwith the SLP.

FORMAT OF SLP IN SUPREME COURT OF INDIA

SLP in Supreme Court of India is filed in format as prescribed under Form-28.

IN THE SUPREME COURT OF INDIA (Order XVI Rule 4(1) (a)

CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (Under Article 136 of the Constitution of India against orders dated——————passed by the High Court of —————by Hon’ble Justice———————-)

S.L.P. (Civil) No. …………………………………………………of…………………….

POSITION OF PARTIES (Description of the orders of the court from which the SLP in Supreme Court of India arises)

123 —–PETITIONER

VS

456 —–RESPONDENT.

To

Hon’ble the Chief Justice of India and His Companion Judges of the Supreme Court of India.

The Special Leave Petition of the Petitioner most respectfully showeth :

1. The petitioner/petitioners above named respectfully submits this petition seeking special leave to appeal against the judgment/order of (Here specify the Court/Tribunal against whose order the SLP in Supreme Court of India is being filed with number of the case, date of the order and the nature of the order such as allowing or dismissing the matter or granting or refusing the interim order etc.)

2. QUESTION OF LAW: The following questions of the law arise for consideration by this Hon’ble Court: (here set out the questions of law arising for consideration precisely in the SLP in Supreme Court of India)

3. DECLARATION IN TERMS OF RULE 4(2) The petitioner states that no other SLP in Supreme Court of India has been filed by him against the impugned judgment and order.

4. DECLARATION IN TERMS OF RULE 6 The annexures filed alongwith the SLP in Supreme Court of India are true copies of the pleadings/documents which formed part of the records of the case in the Court/Tribunal below against whose order the leave to appeal is sought for in this petition.

5. GROUNDS Leave to appeal is sought for on the following grounds. (Here specify the grounds precisely and clearly on the basis of which the SLP in Supreme Court of India is being filed)

6. GROUNDS FOR INTERIM RELIEF: (here specify briefly the grounds on which interim relief is sought to in the SLP in Supreme Court of India)

7. MAIN PRAYER (Here set out the main prayer of the SLP in Supreme Court of India)

8. INTERIM RELIEF (Here set out the interim prayer of the SLP in Supreme Court of India)

Place :

Advocate for the petitioner

Date :

Settled by : (Specify the name of the Advocate in case where the petition is settled by an Advocate) Please mention the name of the lawyer for SLP in Supreme Court of India here.

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