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SPECIAL LEAVE PETITIONS


 

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In simple terms, Special Leave Petition (SLP) means taking special permission of the Court to be heard in appeal against the order or judgment of any High Court or Trial Court. Usually any issue decided by a High Court is considered as final, but if there exists any constitutional issue or a question of law which can only be clarified by the Supreme Court of India, then a petition may be filed before the Hon’ble Supreme Court of India which in turn has the discretion to grant or not grant the same. .

Article 136 of the Constitution of India provides that any person aggrieved by any judgment, decree, determination or order in any cause or matter passed or made by any Court or Tribunal in the territory of India may appeal to the Supreme Court of India. Accordingly, a person aggrieved by any order or judgment of a High Court or Tribunal may appeal to the Supreme Court by filing a Special Leave Petition.

The Rules governing Special Leave Petitions are contained in Order XVI of the Supreme Court Rules, 1966. Under the said Rules, an SLP may be filed against either the Order of a High Court rejecting petition for Leave to Appeal to the Supreme Court of India (when the High Court refuses to grant Certificate of Fitness for Leave to Appeal to Supreme Court) or against the Order/ Judgment itself.

Time Limit or Limitation Period

If the SLP is filed against the Judgment of the High Court, the time limit is 90 days from the date of the Judgment/ Order. If the Petition is filed against the Order of a High Court refusing to grant the Certificate of Fitness for Appeal, the time limit is 60 days from the date of Order refusing to grant the Certificate.

The above time limit is subject to the time taken for obtaining the certified copy of the Judgment/ Order as per provisions under the Limitation Act,1963.

If any interim relief is required, a separate application should be filed giving facts and circumstances as to why interim relief is sought from the Court.

Court Fees

On the SLP, the Court fee payable is Rs. 250/-;

For a petition on certificate Fitness for Appeal not granted by a High Court, the Court fee payable is INR 250/- if the amount in dispute is INR 20,000/- or less and for every INR 1,000/- in excess of INR 20,000/- it is INR 5/- but the maximum Court fee payable does not exceed INR 2,000/-.

Advocate on Record

 (AOR)

It is a requisite for the SLP to be filed by an Advocate on Record (AOR) on behalf of the petitioner.

S.S. Rana & Co. is one of the very few IPR firms that is registered as “Advocate on Record” with the Hon'ble Supreme Court of India which enables us to represent clients right from the lower Courts to the Supreme Court, the Apex Court in India.


For more information on Special Leave Petitions in India please write to us at: info@ssrana.com

 
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