IMPORTANT NOTICE: DO NOT DELETE THIS INFORMATION – BOX/SECTION.
To UNHIDE OR HIDE THE “HEADER & FOOTER” SECTION.
EDIT IN GLOBAL CSS OF THIS PAGE.
Quick Book on Special Leave Petition under Article 136 of the Constitution of India
Last Chance to the First Court
“Last Chance to the First Court” is a unique book for Law Students, Practicing Advocates, Corporate Professionals and aspirants of Advocate-On-Record Examination at the Supreme Court. This book contains everything about the Special Leave Petition under Article 136 of the Constitution of India starting from Introduction and Historical Background of the Supreme court to the Court Fees.
Readers of this book shall get complete conceptual and practical knowledge about Special Leave Petition in this book. After reading this book readers would have complete understanding about the practice and procedure of the Special Leave Petitions in the Supreme Court.
Forewords of the Book
“This book contains a comprehensive analysis of Article 136 of the Constitution, both in terms of history and the precedent on the subject. The book will provide a valued contribution to the subject and would be of benefit to practitioners seeking an easy-to-use referencer on the subject.”
Hon’ble Dr Justice D Y Chandrachud
Judge, Supreme Court of India
“This book – with its attractive and jazzy title – is written (as well as published) by Advocate-on-Record Brijesh Kr Gupta…
The subject chosen is a difficult one: since one can never be precise or certain about the contours of a Special Leave Petition…
The Broad parameters for filing a Special Leave Petition – have been adequately indicated in the book, along with the Rules governing it – and the author has supported his thesis with reference to case-law…”
Mr. Fali S. Nariman
Senior Advocate, Jurist and Ex-Member of Parliament ( Rajya Sabha)
About the Book
“Last Chance to the First Court” is a unique book for Law Students, Practicing Advocates, Corporate Professionals and aspirants of Advocate-On-Record Examination at the Supreme Court. This book contains everything about the Special Leave Petition under Article 136 of the Constitution of India starting from Introduction and Historical Background of the Supreme court to the Court Fees.
Readers of this book shall get complete conceptual and practical knowledge about Special Leave Petition in this book. After reading this book readers would have complete understanding about the practice and procedure of the Special Leave Petitions in the Supreme Court.
About the Author
Mr Brijesh Kr Gupta is an Advocate-On-Record in the Supreme Court of India. He is a graduate from Commerce stream from University of Delhi. He has been practicing as an advocate for 17+ years at all levels of Courts/Tribunal/High Courts to the Supreme Court. He has handled Civil, Criminal, Commercial, Intellectual Property Rights, Corporate Law, Service law, Labour Law and Constitutional Law matters before different Courts, Tribunals, High Courts and also at the Supreme Court of India.
He realized the need of this book during his practice years and during his preparation for the Advocate-On-Record Examination. In order to share the comprehensive knowledge on Special Leave Petition, an extraordinary jurisdiction of the Supreme Court under Article 136 of the Constitution of India, the author has written this book “Last Chance to the First Court”.
FAQ's
In order to avoid granting of ex-parte orders without hearing, Respondent(s) must file the Caveat Petition before the Supreme Court in almost all cases.
Generally Orders or Judgments of the Magistrates are not directly entertained by the Hon’ble Supreme Court only when some glaring injustice has been done with the Petitioner and it requires the immediate intervention by the Hon’ble Supreme Court for protecting the Legal and Constitutional Rights.
Special Leave to Appeal is a petition seeking special permission of the Hon’ble Supreme Court for granting special leave to appeal. Once the leave to appeal is granted and special leave to petition is converted into Civil Appeal or Criminal Appeal as the case may be and such appeal is heard and decided on merits.
The effect of dismissal of SLP is that the impugned judgment and Order of the High court or Tribunal is not upheld by the Hon’ble Supreme Court as only the Petitioner could not make out the case for grant of special leave to appeal.
Advocate-On-Record means an advocate who is entitled under the Supreme Court Rules, 2013 to act as well as to plead for a party in the Supreme Court of India. However, an Advocate can only represent before the Hon’ble Supreme Court accompanied with an Advocate On Record.
“Advocate-on-Record” means an advocate who is entitled under the Supreme Court Rules, 2013 to act as well as to plead for a party in the Supreme Court of India.
AOR is an abbreviated form of expression “Advocate on Record” within the meaning of Supreme Court Rules, 2013.
Yes, the Special Leave to Appeal once granted can be revoked when the Hon’ble Supreme Court discovers that the petitioner has concealed or misrepresented the material fact which if were known to the Hon’ble Supreme Court, it would not have granted special leave to appeal.
Limited Leave to Appeal means where the Hon’ble Supreme Court instead of granting Special Leave to Appeal in the entire matter, has grant leave to appeal on a limited question or a limited point.
Yes, because, the Hon’ble Supreme Court did not interfere with the merits of the case as such Doctrine of Merger does not apply and the impugned Order/Judgment of the High Court is not merged with Order for dismissal of SLP. Thus, a Review Petition can be filed before the High Court for reviewing of Impugned Judgment/Order before the Hon’ble Supreme Court
Generally, Court Fees of Rs.1500 is affixed on the SLP at the time of institution except in case of Commercial or Tax matters for which special court fees has been prescribed under Supreme COurt Rules, 2013.
SLP is an abbreviated form of the Special Leave Petition. Special Leave Petition is a case category classified by the Hon’ble Supreme Court for a listing of the Special Leave to Appeals. In other words, Special Leave Petition is a Petition seeking leave to appeal under Article 136 of the Constitution of India.
There must be some “shocking feature” in the matter which shocks the conscience of the Hon’ble Judges of the Hon’ble Supreme Court of India
Generally, Special Leave Petition is filed within 90 days from the date of impugned order/judgment/determination except in cases where certificate of fitness to appeal has been refused, within 60 days of such refusal.
Form 28 of the Fourth Schedule of Supreme Court Rules, 2013 prescribes a particular format of Special Leave Petition, which is generally followed in fing of the SLP.