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BRIEF DESCRIPTION OF THE PROCESS OF FILING OF SPECIAL LEAVE PETITION IN SUPREME COURT OF INDIA

SLP under Article 132 of the Constitution of India:

Article 132 of the Constitution of India provides for an appeal to the Supreme Court of India from a judgment, decree or final order of a High Court, whether in civil, criminal or any other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution of India. On the basis of such certificate the party can approach the Supreme Court of India and engage a lawyer for SLP in Supreme Court of India and file a SLP in the Supreme Court of India.

Appeals under Article 133 of the Constitution of India:

Article 133 of the Constitution of India provides for an appeal to the Supreme Court of India from a judgment, decree or final order of a High Court, from a civil proceedings of a High Court, if the High Court certifies that the case involves a substantial question of law of general importance and in its opinion the said question of law need to be decided by the Supreme Court of India. After the issuance of such a certificate, the party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.

Appeals under Article 132 of the Constitution of India:

Article 132 of the Constitution of India provides for an appeal to the Supreme Court of India from a judgment, final order or sentence in a criminal proceedings of a High Court if (a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or (b) has withdrawn fro trail before itself, any case from any court subordinate to it and has in such trial convicted the accused and sentenced him to death or (c) it certifies that the case of a fit one for appeal to the Supreme Court of India. The party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.

Appeal by Special Leave Petition (SLP) under Article 136 of the Constitution of India:

provides that the Supreme Court of India in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case of matter passed or made by any Court or tribunal in the territory of India except the Court of tribunal constituted by or under any law relating to armed forces. The party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.

FORMAT OF SPECIAL LEAVE PETITION (SLP) IN SUPREME COURT OF INDIA

F O R M – 28
IN THE SUPREME COURT OF INDIA
(Order XVI Rule 4(1) (a)
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)
S.L.P. (Civil) No. …………………………………………………of…………………….
POSITION OF PARTIES
(Description of the orders of the court from which the SLP arises)
ABC ————-PETITIONER
VS
XYZ ————–RESPONDENT.
To
Hon’ble the Chief Justice of India
and His Companion Judges of the Supreme Court of India.
The Special Leave Petition of the Petitioner most respectfully showeth :-
1. The petitioner/petitioners above named respectfully submits this petition seeking special leave to appeal against the judgment/order of (Here specify the Court/Tribunal against whose order the leave to appeal is sought for together with number of the case, date of the order and the nature of the order such as allowing or dismissing the matter or granting or refusing the interim order etc.)
2. QUESTION OF LAW:
The following questions of the law arise for consideration by this Hon’ble Court:
(here set out the questions of law arising for consideration precisely)
3. DECLARATION IN TERMS OF RULE 4(2)
The petitioner states that no other petition seeking leave to appeal has been filed by him against the impugned judgment and order.
4. DECLARATION IN TERMS OF RULE 6
The annexures produced alongwith the SLP are true copies of the pleadings/documents which formed part of the records of the case in the Court/Tribunal below against whose order the leave to appeal is sought for in this petition.
5. GROUNDS
Leave to appeal is sought for on the following grounds.
(Here specify the grounds precisely and clearly)
6. GROUNDS FOR INTERIM RELIEF:
(here specify briefly the grounds on which interim relief is sought to)
7. MAIN PRAYER
(Here set out the main prayer)
8. INTERIM RELIEF
(Here set out the interim prayer)
Place :
Advocate for the petitioner
Date :
Settled by :
(Specify the name of the Advocate in case where the petition is settled by an Advocate)
Please mention the name of the lawyer for SLP in Supreme Court of India here.