Online advice by expert lawyer for Supreme Court.
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Supreme Court of India is the apex court of the country and mostly exercises its appellate jurisdiction wherein the appeals against the orders of High Courts or any tribunal are filed. PIL can also be filed before the Supreme Court of India seeking a writ against any illegal or arbitrary action of state. Supreme Court case in India is filed either against the orders of the High Court or any tribunal or a Transfer Petition as contemplated under the law and filing of Supreme Court case in India is done in the prescribed format as determined by the Registry. The set of the paper book filed are fixed and the same has to be signed and attested by an Advocate. The Supreme Court case filed against the orders of the High Court is called as Special Leave Petition on SLP in civil as well as criminal matters. The transfer petition before the Supreme Court of India is also filed for transfer of a case from one state to another or from one court to another as per the law.
IMPORTANT CHECK LIST FOR SUPREME COURT CASE IN INDIA
- SLP is filed in Form No. 28 with a certificate.
- Four sets of the paper books are required to be filed for a Supreme Court case in India.
- A list of dates and events is enclosed which gives the chronological details of the case arising out of various litigation’s is to be filed along with the Supreme Court case in India.
- The Paragraphs of the case are properly numbered and indexed and properly mentioned in the index of the paper book as filed.
- The appeal and all the documents of the Supreme Court case in India are to be typed on clear, legible and typed in double space on one side of the paper with proper margins as specified.
- The petition and the applications forming the part of the Supreme Court case are to be duly signed by the counsel and the appellant.
- An affidavit in support of the petition/appeal is filed which is countersigned by the counsel for the petitioner.
- The documents in vernacular are to be filed by a true translation and exemption for filing the official translation with affidavit and court fees is to be filed for Supreme Court.
- Duly executed Vakalatnama with proper attestation and stamp is to be filed.
Memo of appearance is to be filed with proper court fees of Rs-5.
- If the petition is filed through a body incorporate then the copy of the registration, resolution showing the authority of the person who has signed the petition with proof of such authority is to be filed along with the Supreme Court.
- A statement duly disclosing the factum of filing of such petition against the impugned judgment is to be given in the petition.
- The certified copy of the impugned judgment is to be filed, if no certified copy is being filed then the exemption from filing the certified copy is to be filed along with a true types copy of the impugned judgment.
- The particular of the impugned judgment is to be mentioned uniformly in all document filed in the Supreme Court.
- The name and address of the parties to the petition is to be duly filed explaining the position of the parties before the courts below.
- In case of the appeal by certificate, the appeal is accompanied by judgment and decree appealed from and the order granting certificate.
- In case the appeal is time barred then the application for condonation of delay is to be filed along with with affidavit and court fees.
- The annexures filed along with the petition should be the true copies of the respective originals and be arranged in the chronological order as per the list of dates.
- The appeal should be confined to the pleadings in the court below and if any new fact has been taken then application for additional grounds or documents is to be filed with due court fees and affidavit.
- In criminal cases involving conviction, the proof of surrender is to be filed along with the appeal or the application for exemption from filing separate proof of surrender is to be filed.
- In case of quashing of FIR, a true copy and the copy of the petition under Section 483 of CrPC is to be filed.
- In case of anticipatory bail , a true translated copy of the FIR is to be filed along with the petition.
- Complete listing Performa duly signed is to be filed.
- The details of other cases pending which are connected to the case is also to be filed.
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