What are the types of Petitions to be filed in Supreme Court of India. Classification of cases in Supreme Court

Main cases that can be filed in Supreme Court of India is classified into different types. The following are the classification of cases in Supreme Court.

 

1. Arbitration Petition

Arbitration petition means a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996.

 

2. Civil Appeal

In Normal course the following category of cases shall be registered as civil appeals:

  1. appeals by certificate under Articles 132 and 133 of the Constitution read with Order XIX of the Rules;
  2. appeal, upon grant of special leave to appeal, under Article 136 of the Constitution read with Order XXI of the Rules;
  3. appeal under Section 130E of the Customs Act, 1962;
  4. appeal under Section 35L of the Central Excise and Salt Act, 1944;
  5. appeal under Section 23 of the Consumer Protection Act, 1986;
  6. appeal under Section 27A of the Consumer Protection Act, 1986;
  7. appeal under Section 19(1)(b) of the Contempt of Courts Act, 1971;
  8. appeal under Section 38 of the Advocates Act, 1961;
  9. appeal under Section 116A of the Representation of People Act, 1951;
  10. appeal under Section 18 of the Telecom Regulatory Authority of India Act, 1997;
  11. appeal under Section 15Z of the Securities and Exchange Board of India Act, 1992;
  12. appeal under Section 261 of the Income Tax Act, 1961;
  13. appeal under Section 53T of the Competition Act, 2002;
  14. appeals under Sections 30 and 31 of the Armed Forces Tribunal Act, 2007;
  15. appeal under Section 125 of the Electricity Act, 2003;
  16. appeal under Section 29(1) of the Wealth Tax Act, 1957;
  17. appeal under Section 22 of the National Green Tribunal Act, 2010;
  18. appeal under Section 10 of the Special Court (Trial of offences relating to Transaction in Securities) Act, 1992;
  19. appeal under Section 423 of the Companies Act, 2013;
  20. appeal under Sections 17 and 18 of the Airport Economic Regulatory Authority of India Act, 2008.

 

3. Contempt Petition (Civil)

Contempt Petition (Civil) is a petition under Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read with Section 2(b) of the Contempt of Courts Act, 1971, and Articles 129 and 142(2) of the Constitution.

 

4. Contempt Petition (Criminal)

It is a  petition under Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read with Section 2(c) of the Contempt of Courts Act, 1971, and Articles 129 and 142(2) of the Constitution. 

 


5. Criminal Appeal

Normally, the following cases shall be registered as criminal appeals --

  1. appeals by certificate under Articles 132(1) and 134(1)(c) read with Order XX of the Rules;
  2. appeal under Article 134(1)(a) and (b) or made any other provision of law under Order XX of the Rules;
  3. appeal, upon grant of special leave to appeal, under Article 136 of the Constitution read with Order XXII of the Rules;
  4. appeals under Sections 30 and 31 of the Armed Forces Tribunal Act, 2007;
  5. appeal under Section 10 of the Special Court (Trial of Offences relating to Transaction in Securities) Act, 1992; (Criminal);
  6. appeal under Section 374 of the Code of Criminal Procedure, 1973;
  7. appeal under Section 380 of the Code of Criminal Procedure, 1973;
  8. appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, as amended by the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Amendment Act, 1972, read with Section 379 of the Code of Criminal Procedure, 1973;
  9. appeal under Section 19(1)(b) of the Contempt of Courts Act, 1971.
     

6. Election Petition

Election Petition is a petition under Part III of the Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952) read with Article 71 of the Constitution and Order XLVI of the Rules relating to doubts and disputes in relation to the election of a President or Vice-President.

 

7. Original Suit

Original Suit is a suit filed under Article 131 of the Constitution in relation to any dispute:

(i) between the Government of India and one or more States; or

(ii) between the Government of India and any State or States on one side and one or more other States on the other; or

(iii) between two or more States.

 

8. Petition for Special Leave to Appeal

Petition for Special Leave to Appeal is a petition filed under Article 136 of the Constitution from an order of the High Court refusing to grant certificate under Article 134A of the Constitution or in any other case from any judgment, decree, determination, sentence or order passed or made by any Court or Tribunal, except relating to armed forces. It may be either civil SLP or criminal SLP.

 

9. Special Reference Case

Normally, the following cases shall be registered as References:

  1. Reference under Articles 143(1) and (2) of the Constitution;
  2. Reference under Article 317(1) of the Constitution;
  3. Reference under Section 11 of the Competition Act, 2002;
  4. Reference under Section 14(1) of the Right to Information Act, 2005;
  5. Reference under Section 17(1) of the Right to Information Act, 2005;
  6. Reference under Section 257 of the Income Tax Act, 1961;
  7. Reference made by Central Government or Statutory Tribunals under Order XLIV of the Rules;
  8. Reference under Section 27(3A) of the Wealth Tax Act, 1957;
  9. Reference under Section 11(3) of the Companies Act, 2002;
  10. Reference under Section 7(1) of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990.

 

 

10. Transferred Case

Transferred case means a case under Article 139A(1) of the Constitution read with Order XL of the Rules, upon being transferred by the High Court to Supreme Court.

 

11. Transfer Petition

  1. petition filed under Article 139A(1) of the Constitution of India. It may be either civil or criminal;
  2. petition filed under Article 139A(2) of the Constitution of India. It may be either civil or criminal;
  3. petition filed under Section 25 of the Code of Civil Procedure, 1908. Transfer Petition (Civil);
  4. petition filed under Section 406 of the Code of Criminal Procedure, 1973. Transfer Petition (Criminal); and
  5. petition filed under Section 11 of the Terrorist Affected Areas (Special Courts) Act, 1984. Transfer Petition (Criminal).

    Note
    A transfer petition seeking transfer of a case relating to the State of Jammu and Kashmir shall be filed in terms of the ratio laid down in Anita Kushwaha vs. Pushap Sudan (Transfer Petition (C) No. 1343 of 2008).

 

12. Writ Petition

  1. petition under Article 32 of the Constitution relating to an infringement of a right in Part III of the Constitution in a civil case, other than habeas corpus is Writ Petition (Civil);
  2. petition under Article 32 of the Constitution relating to a criminal matter, including habeas corpus is Writ Petition (Criminal);
  3. petition under Article 32 of the Constitution of India relating to public interest litigation is Writ Petition (PIL). It may be either civil or criminal;
  4. petition under Article 32 of the Constitution seeking transfer of a case relating to the State of Jammu and Kashmir is Writ Petition (Tr.). It may be either civil or criminal;

 

13. Any other case filed in Supreme Court not in above category

Any other case filed in Supreme Court which does not fall under any of the above categories may be classified and registered in accordance with or under any other provision of law or orders of the Court or special or general orders of the Chief Justice passed in that behalf.

 

14. Review Petition

A petition under Article 137 of the Constitution read with Order XLVII of the Supreme Court Rules 2013 is a Review Petition. It may be either civil or criminal.

 

15. Curative Petition

A petition under Order XLVIII of the Supreme Court Rules 2013 shall is Curative Petition. It may be either civil or criminal.

 

General

The cases arising out of the Terrorist and Disruptive Activities (Prevention) Act, 1987, or the Monopolies and Restrictive Trade Practices Act, 1969, or under any other law, which have since been repealed, have not been indicated in the Chapter though cases arising therefrom, prior to repeal, are pending consideration of the Supreme Court of India.

 

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