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HOW TO KNOW THE CASE STATUS OF A SPECIAL LEAVE PETITION (SLP)


CASE STATUS

The two forms of case status officially recognized by Indian Courts are "Pending" and "Decided".

§  Decided alludes to cases in which "no further proceedings remain to be directed as proved by the last judgment or other order of the court." [Trial Rule 77(G) (1)]

                            

§  Pending alludes to all cases which are not decided.

 

WHAT IS A SPECIAL LEAVE PETITION?

Special Leave Petitions in India (SLP) holds a prime place in the Judiciary of India, and has been given as a "residual power" in the hands of Supreme Court of India to be proceeded just in circumstances when any considerable question of law is incorporated, or gross injustice has been made.

It gives the abused party an exceptional consent to be heard in Apex Court in advance against any judgment or order of any Court/tribunal in the region of India (with the exception of military tribunal and court martial).

The Constitution of India under Article 136 vests the Supreme Court of India, the Apex court of the nation, with an exceptional capacity to grant a special leave, to appeal against any judgment or request or declaration in any issue or cause, passed or made by any Court/tribunal in the domain of India. It is to be utilized as a part of case any generous sacred inquiry of law is involved, or gross injustice has been done.

LIMITATIONS:

It is discretionary/optional power of the in the Supreme Court of India and the court may in its discretion decrease to grant leave to appeal. The aggrieved party can't affirm a special leave to offer under Article 136 as a right, in any case it is advantage vested in the Supreme Court of India to offer the leave to request or not.

SLP can be filed against any judgment or order of any High Court/tribunal in the region of India; or, SLP can be documented in the event that the High Court declines to allow the testament of wellness for appeal to Supreme Court of India.

SLP can be filed against any judgment of High Court within 90 days from the date of Judgment; or SLP can be documented within 60 days against the order of the High Court declining to grant the certificate of wellness for appeal to Supreme Court.

Any aggrieved party can file SLP against the judgment or request of refusal of allow of certificate.

CONTENTS OF SLP:

This appeal is required to express every one of the realities and facts that are important to enable the court to decide if SLP should be allowed/granted or not. It is required to be signed by Advocate on record.

The appeal is ought to likewise contain an announcement or a statement stating that the applicant has not documented some other request in the High court. It should be accompanied by an affirmed duplicate/copy of judgment appealed against and a sworn statement/affidavit by the candidate checking the same and ought to likewise be attached with every one of the archives that formed piece of pleading in Lower court.

THE SCOPE OF POWER VESTED WITH THE SUPREME COURT OF INDIA UNDER ARTICLE 136:

The constitution of India has the "discretionary power" written for the Supreme Court of India. The Supreme Court of India may in its caution and discretion have the capacity to give a special leave to appeal from any judgment or announcement or order in any issue or cause made or made by any Court in the region of India. The Supreme Court of India may likewise decline to give the leave to appeal by practicing its prudence.

An aggrieved party from the judgment or pronouncement of high court can't guarantee a special leave to claim as a privilege however it is benefit which the Supreme Court of India is vested with and this leave to appeal can only be granted by it as it were.

A grieving party can approach the Apex Court under Article 136 in the event that any Constitutional or legitimate/legal issue exists and which can be cleared up by the Supreme Court of India. This can be heard as common or criminal appeal as the case may be; all things considered. The case of Pritam Singh v. State, (AIR 1950 SC 169:1950 SCR 453) has had a huge importance in understanding the SLP.

PROCEDURE TO KNOW THE CASE STATUS OF SLP:

The appeal needs to contain each one of the realities and facts which are critical for the SC to choose whether an SLP might be admitted or not. It is mandatory for the appeal to be properly signed by the Advocate on record and ought to likewise be comprehensive of the appealant's announcement that no other appeal has been documented in the High Court. The same ought to likewise have a duplicate of the judgment the SLP is looked for against, alongside a confirming sworn statement/affidavit and every significant document.

After the appeal is documented, the court hears the case and relying upon the facts and merits of the case enables the opposition party to express their perspectives in a counter oath or say affidavit. From there on, the court chooses if special leave can be granted or not. On the off chance that leave is without a doubt granted, the SC will practice its appellate jurisdiction. Resulting decisions of the SC are authoritative on both the parties.

In the case of Kunhayammed v State of Kerala, AIR 2000 SC 2587, the discussion was about the activity of the jurisdiction under article 136 and on the off chance that it comprised of granting of the SLP and along these lines hearing the interest and appeal. The court has a decision to grant the SLP and if the court chooses to not give it on its discoveries then the re-appraising jurisdiction of the court does not appear. In any case, dismissal of the SLP appeal to does not imply that there is res judicata, it simply implies that the case was not fit for the grant of SLP and it is available to the aggrieved party to approach the respective court for review under article 226.

 

Keywords

CASE STATUS , Supreme Court of India

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