What is Special Leave Petition (SLP) in India? What are the conditions to present it? Who can file SLP? What are the Contents of Special Leave Petition? What is the time limit to file SLP?

What is Special Leave Petition (SLP) in India?

Special Leave Petitions (SLP) has important place in the Judiciary of India. It has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.

Under Article 136 of the Constitution of India the Supreme Court of India vests with a special power to grant special leave, to appeal against any Judgment or Order or decree in any matter or cause, passed or made by any Court/ Tribunal in the Territory of India.

This is special power, bestowed upon the Supreme Court of India which is the Apex Court of the country, to grant leave to appeal against any judgment in case any substantial constitutional question of law is involved, or gross injustice has been done. Special Leave Petition provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India.

When can Special Leave Petition (SLP) be presented in India?

Under the following circumstances Special Leave petition or SLP can be presented:

SLP can be filed against any judgment or decree or order of any High Court /tribunal in the territory of India.

Or, SLP can be filed in case the High court refuses to grant the certificate of fitness for appeal to Supreme Court of India.

What is the time limit to present Special Leave Petition (SLP) in India?

Special Leave Petition -SLP in India can be filed against any judgment of High Court within 90 days from the date of judgment.

Or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.

Who can file Special Leave Petition (SLP) in India?

Any aggrieved party can file Special Leave Petition against the judgment or order of refusal of grant of certificate.

What are the Contents of Special Leave Petition in India?

This petition is required to state all the facts that are necessary to enable the court to determine whether the Special Leave Petition ought to be granted or not. It is required to be signed by Advocate on record. The petition should also contain statement that the petitioner has not filed any other petition in the High court.

SLP should be accompanied by a certified copy of Judgment appealed against and an affidavit by the petitioner verifying the same and should also be accompanied by all the documents that formed part of pleading in Lower court.

What is the scope of power vested with the Supreme Court of India under Article 136 of Indian Constitution?

The constitution of India vest "discretionary power" in the Supreme Court of India. The Supreme Court of India may in its discretion be able to grant special leave to appeal from any judgment or decree or order in any matter or cause made or passed by any Court/tribunal in the territory of India. The Supreme Court of India may also refuse to grant the leave to appeal by exercising its discretion.

An aggrieved party from the judgment or decree of high court cannot claim special leave to appeal as a right but it is privilege which the Supreme Court of India is vested with and this leave to appeal can be granted by it only.

An aggrieved party can approach the Apex Court under Article 136 in case any constitutional or legal issue exists and which can be clarified by the Supreme Court of India. This can be heard as civil or Criminal appeal as the case may be.

It is discretionary power vested in the Supreme Court of India and the court may in its discretion refuse to grant leave to appeal. The aggrieved party cannot claim special leave to appeal under Article 136 as a right, but it is privilege vested in the Supreme Court of India to grant leave to appeal or not.

What is Special Leave Petition (SLP) in India? What are the conditions to present it? Who can file SLP? What are the Contents of Special Leave Petition? What is the time limit to file SLP?

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