What are the essential requirements of appeal by special leave?

Asked by: Betsy Kunde Jr.  |  Last update: August 4, 2022
Score: 4.5/5 (10 votes)

The appeal can be made in a case where a substantial question of law is involved or where gross injustice has been observed[1]. The judgment, decree or order against which the appeal is being made must have the character of judicial adjudication.

What is special leave petition in Supreme Court of India?

“Special leave petition” or SLP hold a prime place in the Indian judicial system. It 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.

What is the difference between special leave petition and?

SLP is a petition seeking special permission (leave) from Supreme Court to appeal against a judgment passed in any of the lower courts or tribunals in India. SLP is not an appeal but a petition filed for an appeal. The Supreme Court may accept or reject the same.

What is a special leave?

Special leave is an arrangement granted to an employee who needs to be absent from the work during working hours which do not come under other types of leave.

What if Special Leave Petition is rejected?

An order refusing special leave to appeal does not stand substituted in place of the order under challenge. All that it means is that the Court was not inclined to exercise its discretion so as to allow the appeal being filed.

what is special leave petition?| article 136 of Constitution| what is appeal?

40 related questions found

What is special leave in court?

The Court receives over 400 applications a year and so cannot hear them all. The first step is seeking "special leave" where the Court (usually 2 or 3 judges) decides whether they will hear the case.

Which order deals with Special Leave Petition criminal?

1. That the present Special Leave Petition has been filed under Article 136 of the Constitution of India praying for Special Leave to Appeal against the final judgment and order dated 30.07.

How do you draft a Special Leave Petition?

The article has been edited by Prashant Baviskar (Associate, LawSikho) and Smriti Katiyar (Associate, LawSikho).
  1. Introduction.
  2. Special Leave Petition (SLP)
  3. SLP and limitation.
  4. Important part and clauses in the definition. Synopsis.
  5. Brief of the case.
  6. List of dates and events.
  7. Cause title. ...
  8. Memo of parties.

Can appeal be filed against an interim order?

Sudha, JJ., held that ad interim orders cannot be impugned in an appeal under Section 5(i) of the Act. The Bench stated, “If appeals against such orders are entertained, the appellate court would be usurping the original jurisdiction of the Court under Article 226 of the Constitution.”

What is Article 142 of the Constitution of India?

Subsection 1 of Article 142 (“Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.”) says “the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so ...

What means apex court?

An apex court designates the highest judicial decision-maker within a federation, which has jurisdiction to decisively decide federalism-related cases, and whose rulings are not subject to any form of further review.

Under which provision of appeal a special leave to appeal is required to proceed further while filing an appeal?

Special Leave under Article 136 of the Constitution and keeping the question of law open.

What is special appeal in High Court?

Such an order is open to challenge in an intra-court appeal (if the order was of a learned Single Judge and there is a provision for an intra-court appeal), or by seeking special leave to appeal under Article 136 of the Constitution of India (in other cases)."

What is leave to appeal?

If leave to appeal is granted, the court must direct that the appeal be heard by a full court, or by the Supreme Court of Appeal where questions of law and fact are considered to require the attention of the Supreme Court of Appeal, such as novel or conflicting issues of law.

What is Article 136 of the Constitution?

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

Who can file SLP in Supreme Court?

WHO CAN FILE THE SPECIAL LEAVE PETITION (SLP)? Any aggrieved party can approach the Supreme Court of India under Article 136 by filing an Special leave Petition (SLP) in case any substantial question of law is involved or the question involves public importance or a gross injustice has been done.

What are the circumstances under which the Supreme Court can grant leave under Art 136?

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

What is the special appeal?

The Court of Special Appeals is Maryland's intermediate appellate court. The Court considers appeals from almost any case that originates in a circuit court or an orphans' court in Maryland.

What is time limit for appeal to High Court?


120 days from the date on which order of Tribunal is received by the assessee or the Principal Chief Commissioner/Principal Commissioner/Chief Commissioner or Commissioner. High Court may admit appeal after 120 days if it is satisfied that there was sufficient cause for delay.

What is Article 137 of the Constitution?

Article 137 of the Indian Constitution deals with the review of judgments or orders by the Supreme Court. It says that, subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have the power to review any judgment pronounced or order made by it.

What is Article 131 Indian Constitution?

Article 131 gives both the Governments a forum to fight on legal issues and not on mere political issues. Thus, the order given by the Government of India to the State Governments ordering the Chief Minister to tender advice to the Governor of the State is not a mere political issue but a legal right[21].

What is Article 226 of the Constitution of India?

Article 226 of the Constitution empowers the Hon'ble High Courts to exercise power through issuance of writs – habeas corpus, mandamus, quo warranto, prohibition and certiorari or any appropriate writ.

What is the writ of certiorari?

Writs of Certiorari

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

What is the difference between Apex Court and Supreme Court?

A court with all the jurisdiction and the final place of justice is called the Apex court. The high court and the high court are also called the high court. The Supreme Court is called the highest court because it is the head of all courts.

Which is the highest court of appeal in India?

As the highest court in India, the Supreme Court's judgments are binding on all other courts in the country. It serves both as the final court of appeals and final interpreter of the Constitution.