Preparing to file SLP (Special Leave Petition) in Supreme Court of India

In India, one of the most strong and essentially powerful legal remedies are Special Leave Petition (SLP). It allows an individual to challenge any judgment or order passed by any High Court or tribunal before the Supreme Court of India. This is an important and technical SLP, because this kind of SLP can be taken to the Supreme Court at its will.

The attorneys, who practice at Find My Vakeel, regularly get similar legal queries from their clients related to SLP filing, appeals process, constitutional reliefs, bail applications and challenges against High Court judgments. Litigants be successful if they know how to present their case in front of the High Court of India by SLP process.

What is an SLP?

What do you mean by Special Leave Petition (SLP)?

High Court judgments

Tribunal decisions

Orders of lower courts (rarely)

GO TO THE SUPREME COURT- The Supreme Court has a choice to either allow (grant leave) or dismiss the case

Constitutional Provision for SLP

SLP is filed under:

Table of Contents India and its Politics Constitution of IndiaAll About Article 136 — NoMoreExamsThe U-Sentiment as a Pan in Indian Society

Under this article the Supreme Court has powers to hear appeals in certain exceptional matters.

When Can an SLP Be Filed?

An SLP can be filed when:

A Very Wanton Act of Injustice in the Judgement

Legal principles are wrongly applied

Important evidence is ignored

Contempt Of Court Order From The High Court

Constitutional rights are violated

Types of SLP

Civil SLP

Filed against civil matters like:

Property disputes

Contract disputes

Family law judgments

Injunction orders

Criminal SLP

Filed against:

Bail rejection

Conviction orders

Criminal judgments

FIR-related decisions

Step-by-Step SLP Filing Process

STEP1: Ask a advocate of Supreme Court.

Your best bet, in any event, is going to be a seasoned Supreme Court attorney.

The advocate checks:

Whether SLP is maintainable

Legal grounds for appeal

Limitation period

Case strength

Step 2: Collection of Documents

Important documents include:

Certificate Copy of Judgment and order dated 2008 in (Writ Petition No.

Trial court records (if needed)

Copy of FIR of the case [if it is a criminal prosectuion] or copy of complaint

Evidence and supporting documents

Affidavit

Step 3: Drafting of SLP

The SLP petition includes:

Facts of the case

Legal grounds

Errors in judgment

Constitutional violations (if any)

Prayer for relief

And drafting matters, because the Supreme Court only accepts the appropriate legal arguments.

Stage 4: Move to Registry of SC

The petition is filed in registry of the Supreme Court by:

Vakalatnama

Court fee

Affidavit

Certified documents

The registry confirms if the procedures have been followed.

Step 5: Defeating an active defect

The registry will request you for:

Correction of documents

Re-filing

Clarification of details

Step 6: Listing Before Court

Once accepted, the same is penned in front of a panel of judges known as Keshkakars.

The court may:

Issue notice to opposite party

Dismiss SLP at admission stage

Grant interim relief

Application for Admission of the Case & Full hearing

Step 7: Final Hearing

If arguments are shown, both sides plead their cases before the Supreme Court.

The Court examines:

Legal correctness of judgment

Justice and fairness

Constitutional issues

Evidence evaluation

Step 8: Final Decision

The Supreme Court may:

Allow the appeal

Dismiss the SLP

Modify the judgment

Remand the case for retrial

Time Limit for Filing SLP

Generally:

Civil cases: end of 90 days after HC judgement

60 days in some criminal cases

Delay was also be excused for genuine reasons.

Considered Factors by Landmark Decision:

The Court considers:

Legal merit of the case

Importance of legal question

Public interest

Miscarriage of justice

Constitutional violations

When Can SLP Be Disposed Off Without Hearing – January 25, 2021

Yes, you can refuse SLP-clubbed with the dismissal of SPECIAL LEAVE PETITION at admission stage.

No strong legal grounds exist

Case lacks merit

It is only a factual dispute

It does not involve any question of law of general significance

August 28, 2023by Draft n Craft SL (TOPIC OF THE DAY : SLP : The core medium of appeal in Indian Legal System) Guidance to legal research.

SLP is important because it:

Ensures justice beyond High Courts

Corrects legal errors

Protects constitutional rights

Maintains uniformity in law

Role of Supreme Court Advocate

An experienced lawyer helps in:

Drafting strong legal arguments

Identifying errors in judgment

Presenting constitutional issues

Improving chances of admission

Common Mistakes in SLP Filing

Filing without certified copy

Weak legal grounds

Delay in filing

Improper drafting

Lack of supporting evidence

Conclusion

SLP (special leave petition) filing process is one of the mightiest remedies in India which gives one an opportunity to challenge hyper-erroneous order in a High Court. However, it requires correct legal reasoning, proper documentation and drafting.

If you seek higher justice SLP can be a powerful tool when used with proper legal advice and planning.