Q1: What is the meaning of SLP?
A: SLP stands for Special Leave Petition, a legal remedy under Article 136 of the Constitution of India, where a party seeks special permission to appeal against a decision of a lower court, tribunal or the High Court before the Hon’ble Supreme Court.
Q2: What are the principles for the grant of Special Leave to Appeal?
A: Special Leave to Appeal is granted only when the case involves a substantial question of law in the nature of a “shocking feature” that affects justice. It must be a matter that shocks the conscience of the Hon’ble Supreme Court.
Q3: What is the limitation period for filing a Special Leave Petition?
A: Generally, SLPs must be filed within 90 days from the date of the impugned order or judgment. If a certificate of fitness to appeal is refused, the limitation period is 60 days from the date of refusal.
Q4: What documents are required for filing an SLP?
A: Essential documents include a certified copy of the impugned judgment/order, pleadings from the lower courts, and an affidavit supporting the facts in the petition.
Q5: What is the format for filing a Special Leave Petition?
A: SLPs must follow the format prescribed in Form 28 of the Fourth Schedule of the Supreme Court Rules, 2013, which ensures proper listing and processing by the Court.
Q6: Can a Review Petition be filed before the High Court after the dismissal of an SLP by the Supreme Court?
A: Yes, as the dismissal of an SLP does not merge the lower court’s judgment into the Supreme Court’s order, a Review Petition can still be filed in the High Court.
Q7: Can the Supreme Court grant interim relief in an SLP?
A: Yes, the Supreme Court can grant interim relief, such as staying the lower court’s order, while the SLP is being considered.
Q8: What is the difference between a Special Leave Petition and an Appeal?
A: An SLP seeks permission to appeal before the Supreme Court. Once leave is granted, the SLP converts into a regular Civil or Criminal Appeal, and the case is heard and decided on its merits.
Q9: What is the Court Fee for filing a Special Leave Petition?
A: The general Court Fees for filing an SLP is ₹1,500, except in commercial or tax matters, where different fees apply as per the Supreme Court Rules, 2013.
Q10: What happens after an SLP is granted?
A: Once an SLP is granted, it converts into an appeal, and the case is then heard on its merits. Both parties present their arguments, and the Court makes a final judgment.
Q11: Can an SLP be withdrawn after filing?
A: Yes, the petitioner can request to withdraw the SLP at any stage before a final decision. However, the withdrawal may require the Court’s approval.
Q12: What is the effect of the dismissal of a Special Leave Petition?
A: The dismissal of an SLP means the Supreme Court has declined to grant leave to appeal. The original lower court’s decision stands, but the Supreme Court does not endorse or uphold it.
Q13: Can a party appeal the dismissal of an SLP?
A: No, the dismissal of an SLP is final and cannot be appealed. However, the petitioner may file a review petition or curative petition in rare circumstances.
Q14: What is an Advocate-on-Record (AOR)?
A: An Advocate-on-Record (AOR) is an advocate authorized to file and plead cases in the Supreme Court. Only an AOR can file documents and plead on behalf of a party in the Supreme Court.
Q15: Is a Caveat necessary to file before the Supreme Court by the Respondent?
A: While not mandatory, it is highly recommended for the Respondent to file a Caveat Petition to avoid ex-parte orders being passed without their knowledge or opportunity to be heard.