A Special Leave Petition (SLP) is one of the main ways by which the Supreme Court of India is approached for the reversal of a judgment, decree, determination, sentence, or order passed by a court or tribunal. As SLP jurisdiction is at the discretion of the court, preparing a strong petition requires one to thoroughly study the judgment, legal issues, facts, documents, and applicable law.
Want to know the best lawyer for SLP in India? Rahul Jha Associates handles appeals and supreme court-related matters.
What Is an SLP?
A Special Leave Petition (SLP) is made under Article 136 of the Indian Constitution. Under the said article, in exercising the power of discretion, the Supreme Court may give special leave to appeal against the verdict, decree, decision, determination, sentence, or order made by any Indian courts (except those under Armed Forces legislation, etc., if provided for).
Therefore, an SLP is not the right (to appeal) for the challenging party automatically. Initially the Supreme Court will assess whether the matter requires special leave to be given. If the leave is granted, only then shall the matter be treated as an appeal.
Top Lawyer in India for SLP
A good SLP lawyer would first of all be able to analyze the case in which the petition is being raised and then look for the reasons to go to the Supreme Court.
Rahul Jha Associates provides help in the case of:
- Civil SLP
- Criminals LSP
- Challan by High Court
- Challan of tribunal
- Constitutional & legal problems
- Concurrent disputes and legal issues of businesses
- Property and civil issues
- Issues of family and matrimonial
- Employment and service issues
- Criminal proceedings
- Temporary injunction applications and stay requests
- Court proceedings after a leave of appeal has been granted
- Other Supreme Court applications that are related
Civil SLP Lawyer in India
There are plenty of civil SLP cases related to various kinds of civil matters, such as civil litigation, business disputes, land ownership, contracts, family issues, employee issues, taxes, company law, and even other civil proceedings.
A law practitioner will first check the judgment that is being impugned and all related previous orders, pleadings, evidence, and relevant legal provisions before filing an SLP.
What one really wants is the discovery of the biggest legal reasons behind the SLP and also finding out if the particular issue before the Supreme Court is so compelling as to allow it to use its discretion to grant leave.
The Supreme Court itself puts civil SLP cases in different categories, such as SLPs arising from interlocutory applications.
Criminal SLP Lawyer in India
A criminal SLP may also be filed as an appeal to the appropriate judgment or order made by the lower court in criminal matters for which the Supreme Court can intervene legally.
In criminal SLP matters, among others, one may find such things as conviction, acquittal, bail, quashing proceedings, sentencing, or other relevant areas.
Along with the petition itself, several other documents, affidavits, and case materials are required to be filed in order to challenge the final order or judgment of a lower court by means of a Supreme Court Petition (“SLP”). A general list is as follows:
- Copy of the judgment/order being challenged Complete record of the case Legal basis/ground for challenging the decision of SLP in the approved format Supporting documents & affidavits & Filing a copy of the petition through the Supreme Court registry Clarifying registry objections, if any, and requesting interim relief if necessary Presentation at the stage of nbsp; hearing Carry on after special leave is given
The Supreme Court also issues the official format of a petition for leave in addition to supplying information in regard to filing as well as case proceedings through its website.
Depending on the case nature, the list and documents needed can change. Usually, an SLP may need the impugned judgment or order, previous judgements relating to the matter, pleaded matters, supporting documents, affidavits, and other parts of the record of the case.
A Supreme Court Legal Services Committee list of civil and criminal SLPs shows required documents as the certified copy of a High Court judgment, a paper book of the High Court (or a photocopy thereof), the trial court judgement if the case originated at the trial court level, an affidavit(s), English translations(s) of documents(s) in vernacular language(s), vakalatnama, etc.
An attorney can determine the documents exactly required for the particular matter.
Why Hire an SLP Lawyer?
The litigation process in the Supreme Court requires a specialized lawyer who understands the procedures and legal technicalities. Professional help can help clients:
- Determine a valid reason to go forward with an SLP
- Finding out crucial legal issues
- Reviewing the lower court’s verdict
- PETITION AND DOCUMENTATION PREPARATION
- Covering procedural requirements of the court
- Getting necessary interim orders from the court as requested
- Taking care and fulfilling registry requirements
- Putting forth arguments to the Supreme Court
- After a decision is made, management of the process and its results
A discretionary jurisdiction like Article 136 means a mere filing of an SLP isn’t enough for the Supreme Court to agree to hear the matter.
Why Choose Rahul Jha Associates
If you are considering filing an SLP, a Rahul Jha Associates lawyer will help you get ready for the Supreme Court proceedings by providing legal support on various matters like litigation, corporate, commercial, civil, criminal, and other legal areas. This legal firm is well-equipped to guide and represent both individuals.
Considering that there are many reasons why an SLP could be appealed, the best legal advice would be to tailor any legal strategy to the judgment, procedural records, evidence, and questions at issue in the specific case.
Lawyers at Rahul Jha Associates can help their clients by providing clear and accurate legal information regarding the available appellate remedies and preparing them for a Supreme Court hearing.
Frequently Asked Questions
Who is the best lawyer for the Supreme Court in India?
In order to be able to determine the most appropriate SLP (Supreme Court Appeal) lawyer to assist you, you have to understand the law in question and the degree of complexity of your case. One law firm that has expertise in civil and appellate matters at the Supreme Court level is Rahul Jha Associates.
What is SLP under Article 136?
A Special Leave Petition (SLP) is basically the process whereby one party applies to the Supreme Court for leave to appeal against a particular judgment, decree, order, determination, or sentence that, otherwise, is not appealable to that court directly. An SLP is nothing but the Supreme Court being asked to use their discretionary power.
Can an SLP be filed against a high court judgment?
discretion. Yes, the Supreme Court may entertain SLPs that are made against an order/decision that has been passed by a competent High Court. However, the Court may exercise its discretion, and the requirements of a case may influence the Court’s decision to accept the SLP.
What is the difference between SLP Civil and SLP Criminal?
When a Supreme Court petition for a civil/industrial/disputable issue is filed, the SLP falls under the civil category. On the contrary, if the Supreme Court is approached through an SLP to review a decision taken in a criminal matter, the SLP would fall under the criminal category.
What is the maximum time limit to file a SLP after the expiry date of the appeal period?
Article 116 of Code of Civil Procedure is usually followed as one of the grounds on which SLP is filed. As per Article 116, SLP must be filed within three months from the expiry of the period of the appeal, which means that a person has a maximum of 3 months for filing SLP after the period of the appeal gets over.
Does a SLP halt a lower court order automatically?
A Supreme Court Special Leave Petition filed will not automatically stay the order against which it is directed even though there may be a separate motion on this point for staying the order of the lower court while the appeal is pending.
Has filing SLP become an automatic appeal?
It is not an automatic right of appeal for filing an SLP to the Supreme Court. The Supreme Court has the freedom to make a decision on whether to grant leave to appeal or not through the powers given to it by Article 136. So first of all, the court hears whether to grant leave.
Conclusion
An SLP is one of those Supreme Court remedies that may be granted if the conditions are met. So, it is better that you have a good understanding of your civil, criminal, commercial, property/family matter, service issues, or tribunal decision before approaching the Supreme Court by filing an SLP. The judgment and whole case record have to be studied before taking this step.