SLP dismissed by SC upholding the HC's order
anu
(Querist) 03 May 2011
This query is : Resolved
Our MD's writ petition was dismissed by Karnataka High Court. So he filed SLP in the SC. But now the SC has dismissed the SLP in the first day of hearing (2nd May 2011) upholding the HC's order. What is the next solution? Anybody please suggest.
Srajadvo460
(Expert) 03 May 2011
If it is a non-speaking order of SC you can file review in HC if any grounds available to you.
Chanchal Nag Chowdhury
(Expert) 03 May 2011
Left with little choice. This is the end of the litigation. U may try your luck with a review.
Guest
(Expert) 04 May 2011
It seemed the SLP would have been dismissed at the admission stage itself, as the advocate concerned could not have been able to convince the judges.
However, try review in the SC but through some very experienced advocate of the SC.
Amit Pateria
(Expert) 04 May 2011
Dear Member,
As suggested by the Experts you may prefer an Review at the Hon'ble SC, however the scope of review is very limited.
One must understand before filing an SLP before the Apex Cour that the relief sought will be granted only if any question of law apparently has been missed or not dealt by the HC.
It's unfair to suggest that the cause of a dismissal may be due to inefficiency of a lawyer. Even noted lawyers face such situation wherein the judges simply refuse to entertain their plea.
Guest
(Expert) 04 May 2011
Dear Amit,
Even if there is a very strong case of missing of question of law in HC, but if either the lawyer has not been able to make that very clear in the petition, or is not able to put that effectively before the Apex Court at the time of admission, how the Apex Court would be able to know what sort of injustice actually has been meted out to the litigant?
Needless to emphasize, Apex Court does not like to waste its time in just seeking lots of clarifications to know what question of law has been ignored. The concerned lawyer of the aggrieved party has to appear fully prepared to convince the Apex Court on the points raised by the Apex Court at the admission stage. So, it is wrong to state that the said lawyer would be efficient even when his case is failed at the very initial and admission stage, where the client would have posed high hopes on his advocate.
Sri Vijayan.A
(Expert) 04 May 2011
I disagree with Dhingra.
The SLP is almost prefinal stage, which means all the stages have been failed or against the petitioner.
In this stage, the lawyer's work is very tough to convince the Judge with a weak points.
As Mr.Amit said, the SLP is granted only if the flaw is apparent.
As such, the author may try one more time his luck.
