Special Leave Petition
“Mahatma Gandhi”-“Unjust law is in itself a species of violence. The arrest is more for its violation.
Now the law of non-violence says that violence should not be countered by violence but non-violence. I do this by breaking the law and giving peace and arrest and imprisonment. '
What is special leave petition (SLP)?
Special leave petition means that an individual takes special permission to be heard in appeal against any court/tribunal in the territory of India except a military tribunal. So after a Special leave petition is filed, the Supreme Court may hear the matter and if it deems fit, it may grant the ‘leave’ and convert that petition into an ‘appeal’. Special leave petition (SLP) shall then become an Appeal and the Court will hear the matter and pass a judgment.
As per article 136 of Indian constitution
- Notwithstanding anything in this Chapter(in constitution), the Supreme Court may, in its discretion, grant special leave to appeal (SLP) from any judgment of court, decree, determination, sentence or order in any cause or matter passed or made by any Court/Tribunal in the territory of India.
- Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces (military tribunal).
The supreme court of India a plenary jurisdiction in the matter of entertaining and hearing appeals, by granting special leave (SLP), against any kind of judgement or order made by any court or tribunal in India except a military tribunal.
Pritam Singh And vs The State Of Punjab AIR 1950 SC 169- the supreme court would not grant special leave on grounds which would not sustain the appeal itself.
When the point of law raised in the appeal was of general public importance, the appeal could not be dismissed in limine on the preliminary issue of maintainability on the ground that no appeal was preferred against the two earlier decisions of the court which were followed in the instant case Sales Tax Officer v. Shree Durga Oil Mills, AIR 1998 SC 591
According to article 133 of constitution of India in civil cases the (SLP) special leave to appeal would not be granted unless there is some substantial question of law or general public interest involved in the case.
Also Read
https://www.legaltaxguru.com/contempt-of-court/
Who can file special leave petition
Any aggrieved party can file a Special leave petition against any judgment /order/decree of court or Tribunal the order of a high court refusing to grant the certificate of fitness for appeal to Supreme Court, and this leave is granted when the case involves a substantive question of law.
And Special leave Petition can be filed within 60 days against the order of a high court refusing to grant the certificate of fitness for appeal to Supreme Court.
When the Supreme Court may not grant special leave petition
If any case present with errors, mis-appreciation of evidence or even findings of fact arrived at wrongly are not grounds of (SLP) appeal before the Supreme Court. The Supreme Court is only concerned with question of law if the law was correctly applied, whether the interpretation of law was in accordance with the settled principles of law etc.
Smt Ujjam Bai vs State Of U.P on 10 April, 1962- The Supreme Court has the jurisdiction to grant special leave, though it has declared in several cases that it would exercise its discretion under Article 136 of Indian constitution only against a final order.
Also Read
http://www.legaltaxguru.com/section-498a-of-indian-panel-code-its-use-and-misuse/
What is the Time limit to file special leave petition
A Special leave Petition can be filed against any judgment /order/decree of court or Tribunal within 90 days from the date of judgment/order/decree by a Court or Tribunal.
Special leave Petition can be filed within 60 days against the order of a high court refusing to grant the certificate of fitness for appeal to Supreme Court.
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