special leave petition

Academic question.

Goggle is better place for this types of question.

Respected Ma'am,

People are allowed to file a Special Leave Petition through Article 136 of the Constitution of India.

Special Leave Petition means that an aggrieved person can file a special permission to be heard in front of the Apex Court against any judgment or order passed by any Court or Tribunal in the territory of India.

First of all, this can only be filed by the aggrieved party against the judgment or order of refusal to grant certificate.

This Petition is filed in a case where great injustice has taken place with the aggrieved party and it becomes a substantial question of law.

The Person who files the Special Leave Petition has to provide a detailed synopsis of the facts of the case and the issues presented along with the list of date while filing this petition. The Petitioner also have to frame the question of law to appeal against the judgment. 

One thing that is very important and the person needs to keep in mind is that the time period for filing the petition against the judgment of the HC is ninety days from the day the judgment was passed and for the order of HC refusing the grant the certificate of fitness for appeal to SC, the time period is sixty days from the day when such order was passed.

Once , this Special Leave Petition is registered and presented before the Apex Court, the aggrieved person will get an opportunity to be heard.

I hope I am able to help you.

Regards

Arpita Chauhan

Special Leave Petition (SLP)

• If the concerned High Court refuses to certify a case as above said or if any of the conditions as above stated are not fulfilled, any party can ask for Special Leave to file an appeal by invoking the extraordinary (particular
• ) appellate jurisdiction of the Supreme Court under Article 136 of the Constitution.
• Under Article 136 of the Constitution of India an SLP can be filed in the following circumstances:

1. SLP can be filed against any judgment/order/ decree/ determination of any High Court/Tribunal.
2. SLP can also be filed if the concerned High Court declines to grant the certificate of fitness to appeal to the Supreme Court.

However, SLP  cannot be obtained to challenge any judgment,/decree/determination/ sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces [Article 136(2)].

• The appeal in the form of a special leave petition can be made in a case where any substantial question of law is involved or where gross injustice has been caused. Further, the judgment, order, or decree against which the appeal is being filed must have the character of judicial adjudication. This means that purely executive or administrative order or ruling cannot be considered as a matter of the appeal. 
• In plain, the term Special Leave Petition (SLP) means taking of special permission by an individual for being heard in an appeal against the order/ judgment/decree/determination passed or made by any High court, Court, or tribunal. Therefore, SLP is not an appeal but a petition filed for an appeal. So, once an SLP is filed, the Hon’ble Supreme Court may hear the matter, and if it considers fit, it may grant the ‘leave’ and convert that said petition into an ‘appeal. Thereafter, the Supreme Court will hear the concerned matter and pass judgment.