Special Leave Petition- An Overview

A Special Leave Petition (SLP) is a legal petition filed in the Supreme Court of India seeking permission to appeal against a decision of a lower court or tribunal. It is filed under Article 136 of the Constitution of India, which gives the Supreme Court the power to grant special leave to appeal against any judgment or order passed by any court or tribunal in the country. Cheque Bounce Lawyer in Kolkata, Delhi, India
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An SLP is typically filed when a party believes that a decision of a lower court or tribunal involves a substantial question of law or is contrary to the principles of natural justice. The Supreme Court has the discretion to grant or reject an SLP based on the merits of the case and the importance of the issue involved. File caveat petition in the supreme court of India
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An SLP can be filed against any order or judgment passed by any court or tribunal in India, including High Courts, the National Company Law Tribunal (NCLT), the National Company Law Appellate Tribunal (NCLAT), and the Securities Appellate Tribunal (SAT). However, it should be noted that the Supreme Court may not entertain an SLP if there is an alternative remedy available to the petitioner, such as filing an appeal in a higher court. What is the need for a caveat petition in the supreme court of India?
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Overall, an SLP is an important legal tool available to parties in India to seek relief from orders or judgments of lower courts or tribunals that they believe are unjust or contrary to the law.

In what kind of cases can a Special leave Petition be filed

The Supreme Court is not required to hear every case brought under the SLP. In order to file an SLP, a litigant must first obtain special leave from the Supreme Court. Only in exceptional circumstances is special leave granted, and the Supreme Court will consider the following factors when deciding whether to grant special leave:

1. The case raises a question of law of general public importance.
2. The case involves a miscarriage of justice.
3. The case involves a serious violation of fundamental rights.

Special leave May be granted on these grounds given herein under

The Supreme Court will consider the merits of the case before granting the litigant special leave to file an SLP.
The Supreme Court may grant an SLP on any of the following grounds:

1. The decision of the lower court is contrary to the law.
2. The decision of the lower court is based on an
   incorrect interpretation of the law.
3. The decision of the lower court is perverse or
   unreasonable. Complaint Cases in Metropolitan Magistrates Court, Kolkata, India​
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Procedural Requirements for Filing a Special Leave Petition

In order to file an SLP, a litigant must follow certain procedural requirements. These requirements include the
following:

1. Filing a petition: The litigant must file a petition for special leave to appeal to the Supreme Court. The petitioner must clearly state the grounds on which they seek special leave and must accompany the statement with supporting documents.
2. Paying a fee: The litigant must pay a fee of Rs. 1500/- at the time of filing the petition.
3. Serving notice: The litigant must serve notice of the petition on the respondent(s) and on any other parties who may be interested in the case.
4. Providing copies: The litigant must provide the Supreme Court with copies of all relevant documents and records.
5. Appearing before the court: The litigant must appear before the Supreme Court on the date of the hearing and make his or her arguments in support of the petition.

Format For Filing Special leave Petition

The format of a complaint case may vary depending on the type of court and the nature of the case. However, a basic format for filing a complaint case is as follows:

1. Name of the Court: The name of the court in which the complaint is being filed must be mentioned at the top of the complaint.
2. Parties Involved: The name and address of the parties involved in the case, including the plaintiff and the defendant, must be clearly mentioned.
3. Facts of the Case: The complaint must contain a clear and concise statement of the facts of the case. This should include details such as the date and place of the incident, the nature of the dispute, and any relevant background information.
4. Cause of Action: The cause of action is the legal basis for the complaint. This section should include a clear and concise statement of the legal grounds on which the complaint is being filed.
5. Relief Sought: The relief sought is the remedy or outcome that the plaintiff is seeking. This section should clearly state the specific relief or compensation being sought, along with any supporting evidence.
6. Verification: The complaint must be signed by the plaintiff or their authorized representative and verified before a notary public or a judicial officer.

It is important to note that the format and requirements for filing a complaint case may vary depending on the court and the jurisdiction. It is advisable to consult with a legal professional or refer to the court rules and guidelines for the specific court in which the complaint is being filed.

In conclusion

The Indian Special Leave Petition provides a means of appealing to the highest court when lower courts fail to provide justice. The SLP process can be complex and challenging, but with careful preparation and expert legal assistance, litigants can achieve success in their efforts to seek justice. If you are considering filing an SLP, it is important to seek the advice of an experienced legal practitioner who can guide you through the process and help you to present your case effectively before the Supreme Court.

It is important to note that the legal process can be complex and time-consuming. It is advisable to consult with a legal professional to understand the specific procedures and requirements involved in filing a complaint and pursuing legal action against someone. Review Petition in the Supreme Court of India
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Tapan Choudhury,
Advocate,
Mob- +91 9873628941
Email ID   [email protected]