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A guide to Special Leave Petition

 Special Leave Petition is a special remedy available in certain circumstances. The Indian legal system has taken all the requisite steps to ensure that no person is ever subjected to injustice, even by the court of law. A special leave petition can only be filed before the Supreme Court. This power has been especially conferred upon the Supreme Court under Article 136 of the Constitution of India.


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A person has a right to appeal against a judgment of a lower court or a high court if he thinks justice has not been delivered. If you are aggrieved by an order or judgment of the lower court then you can seek permission from the Supreme Court to go for an appeal against such order or judgment. The Apex Court can direct a lower court to hear the appeal or can take up the case for hearing itself. You need to establish urgency of matter to sustain an SLP before Supreme Court. An SLP is maintainable for both civil and criminal cases.

 


Time limit for filing an SLP

An SLP should be filed against a decision of the High Court or any other Tribunal within 90 days of pronouncement of such decision. In matters where the High Court refuses permission to file an appeal to Supreme Court then SLP has to be filed within 60 days of such order of refusal.


Consult: Top Supreme Court Lawyers in India

 


Procedure to file an SLP

The person filing the petition must include the following components in his petition-


All the important facts to enable the court to determine whether SLP is maintainable or not


Statement of the petitioner for not filing any other petition in any other court


All the other relevant documents


Affidavit by the petitioner verifying the contents of the petition

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