SLP in Supreme Court of India

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• SLP in Supreme Court of India is filed under Article 136 of the Constitution of India. Article 136 of the Constitution of India contemplates that the Supreme Court in its discretion can grant special leave to appeal from any judgment, decree, determination, sentence or order in any case of a matter passed or made by any Court or tribunal in the territory of India except the Court or tribunal constituted by or under any law relating to armed forces. SLP in Supreme Court of India is against the orders of High Court generally. The party aggrieved by the order of the High Court can engage a lawyer and file an SLP in Supreme Court of India against the orders of the High Court.

• The provision of SLP are under Articles 132, 133, 136 of the Constitution of India. The order passed by the High Court or various tribunals can be challenged by filing SLP.

• The process for filing of SLP is explained in this write up brief. The format of SLP is also provided for guidance. This format can be downloaded and utilized for filing the SLP.

• SLP lies under Article 132 of the Constitution of India. An appeal to the Supreme Court of India can be filed from a judgment, decree or final order of a High Court. The order may be 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 aggrieved party can approach the Supreme Court of India.

• SLP is also by way of an appeal under Article 133 of the Constitution of India. The appeal to the Supreme Court of India from a judgment, decree or final order of a High Court, from civil proceedings of a High Court. 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 an 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. It 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 trial 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 an SLP against the orders of the High Court.

Why and how an SLP:

• 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 any High Courts. It is called Special Leave Petition.

• 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 a misapplication of law in the matter. For filing of SLP, one requires the services of a highly qualified and specialized lawyer in the Supreme Court of India who can formulate the proper legal 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 which is then placed before the court for the 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 petitioner has to file the processing fee and the copies 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. 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.
• You can Download Format of SLP in Supreme Court of India Free given at the bottom of this article and utilize the same.

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

(i) Affidavit of the petitioner which is duly sworn is to be filed along with the SLP in Supreme Court of India.

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

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

(iv) Court fee of Rs.50/- per petitioner for civil matters is to be filed. For criminal matters, no fees is required.

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

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

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

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

(ix) Download Format of SLP in Supreme Court of India Free given at the bottom of this article.

FORMAT OF SLP IN SUPREME COURT OF INDIA

SLP is to be filed in the format 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 arises)

xxx —–PETITIONER

VS

xxx —–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. (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)

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 along with the SLP in Supreme Court of India should be the 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 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 in brief the grounds on which interim relief is being sought 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) Please mention the name of the lawyer for SLP in Supreme Court of India here.