Filing a Special Leave Petition in Supreme Court (Civil)
Procedure for Filing a Special Leave Petition (Civil)
- Drafting
the Petition: The petition should contain a clear statement of facts,
grounds for seeking leave, and legal arguments.
- Documents
Required:
- Certified
copy of the High Court judgment.
- High
Court paper book.
- Trial
Court judgment.
- Reasons
for delay, if any, in approaching the Hon'ble Supreme Court.
- Application
for legal services.
- Affidavit
for legal services.
- Vakalatnama.
- English
translation of the documents, which are in vernacular.
- Affidavit
in support of SLP.
- Filing
the Petition:
- The
petition is filed in the Supreme Court Registry.
- It
should be filed within 90 days from the date of the High Court’s
judgment.
- Preliminary
Hearing:
- The
Supreme Court examines the petition to determine whether leave should be
granted.
- If
leave is granted, the case proceeds to a full hearing.
- Final
Decision:
- The
Supreme Court may grant relief, dismiss the petition, or remand
the case for fresh consideration.
Time Limit for Filing SLP (Civil)
- The
petitioner must file the SLP within 90 days from the date of the
judgment.
- In
case of a refusal of a certificate of appeal by the High Court, the
SLP must be filed within 60 days.
Important Case Laws on SLP (Civil)
- Daffodils
Pharmaceuticals Ltd. v. State of U.P. (2019): Clarified the scope of
SLP in contractual disputes.
- Union
of India v. Col. L.S.N. Murthy (2012): Explained the role of SLP in
service matters.
- Ramakant
Rai v. Madan Rai (2003): Highlighted when the Supreme Court can
intervene in property disputes through SLP.
The Special Leave Petition (Civil) serves as a
crucial legal remedy for individuals and entities seeking justice beyond the
appellate jurisdiction of High Courts. While the Supreme Court exercises its
discretion in granting SLPs, this extraordinary remedy ensures that substantial
legal questions are addressed, and justice is upheld in civil matters.
If you are considering filing an SLP (Civil), it is
advisable to consult an experienced Supreme Court advocate to navigate
the complex legal procedures effectively.
