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Rekha Sharma   29 April 2022

SLP and reviews

Remedy after dismissal of SLP. Can we file another SLP under article 136 or we have to file review under 137?


Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 April 2022

You can file a review petition but the court exercises its discretion to allow a review petition.

Dr J C Vashista (Advocate)     30 April 2022

Whether the SLP was dismissed in limni or on merits ?

Sai Krishna   30 April 2022

Dear Querist,

It was stated in the case ‘State of Uttar Pradesh v. Atul Kumar Dwivedi & Ors.’ That when the SLP was dismissed in-limine without assigning reasons another SLP could be filed and it does not constitute a declaration of Law under Article 141 of the constitution and also does not attract the doctrine of merger. Thereby you can file another SLP.

 

Thank You.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 April 2022

Alternative remedy like review or appeal is not lost if SLP is dismissed at threshold without granting leave. Leave can be granted in subsequent SLP of Respondent/ Petitioner where earlier SLP of Petitioner/Respondent was dismissed at threshold

Shubham Bhardwaj (Advocate)     03 May 2022

Dear Ms Sharma, 

Although dismissal of SLP in limine is not declaration of law however chances of a second SLP succeeding on same facts is nearly zero. Further, the scop of review is also extremely narrow. But yes, option of second SLP and a review is open. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

Dr J C Vashista (Advocate)     04 May 2022

When a SLP is dismissed in limni i.e., without a speaking order (on merit) another SLP on the same issue shall not be entertained by Supreme Court.

SLP is filed under Article 136 of the Constitution of India where no appeal lies, accordingly question of appeal against the order on SLP or High Court order under challenge, is ruled out as suggested by an expert hereinabove. 

After an order of dismissal of SLP in limni, review of High Court order under Article 137 of the Constitution can be moved / is maintainable, before the same High Court whose order was assailed in such SLP.


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