Supreme court SLP filing-some important steps
The special leave petition to the supreme court is maintainable against any order of court or tribunal where there is no appeal lies against the final order of any court.
The Constitution of India under Article 136 vests the Supreme Court of India with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.
This is special power, bestowed upon the Supreme Court of India which is the Apex Court of the country, to grant leave to appeal against any judgment in case any substantial constitutional question of law is involved, or gross injustice has been done.
How to file an SLP
- The petition should be strictly as per the form, there is a separate form for civil SLP and for criminal there is a special form.
- The court fees in case of civil SLP must be annexed as per the schedule in the SUPREME COURT RULES-2013.
- Certified copy of impugned order judgement must be there and same description of court name and title will be used for drafting the SLP, otherwise registry will impose objections.
- Same parties who were party of proceedings in the High Court must be parties to the proceedings of SLP.
- True type copies of documents must be annexed to avoid objection related to dim copies.
- Listing performa as per new format must be there.
- Synopsis with list of dates and events must be explained properly.
- Applications must be annexed separately and mentioned in index.
- Condonation of delay application must be annexed with the SLP if more than 90 days delay is there. The requirement in SLP is that delay must be explained
- Ensure you do not modify the form of the SLP and have all the points mentioned in the SLP.
- Make sure you annex affidavit as per the format prescribed.