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Supreme Court Appeal


Civil special leave petition

Procedure
The party desirous of seeking special leave to appeal is required to file a special leave petition in a specified format.

  • A detailed description and address of the parties and their status in the High Court in the form of the memo of parties is to be mentioned in the very beginning of the petition.

  • Details pertaining to the judgment / order challenged in the petition.

  • Questions of law arising for consideration in the petition.

  • Declaration to the effect that no other petition seeking leave to appeal has been filed by the appellant against the same judgment / order.

  • Declaration to the effect that the documents filed with the petition are true and form part of the record of the courts below.

  • Ground for filing the appeal.

  • Grounds for seeking interim reliefs (reliefs such as stay etc sought from the court pending disposal of the appeal by the court).

  • Lastly main prayer or relief sought in the petition and the interim prayer ( reliefs such as stay etc pending disposal of the appeal by the court).

  • At the end, place and date of preparing and filing the petition and as well as name of the advocate has to be mentioned. Along with the petition, a concise note regarding the relevant events and incidents and as well the proceedings in the subordinate courts and the High Court is to be submitted in a chronological order. This note is referred to as the list of dates.

  • Petition should be confined to the submissions relied on by the appellant in the courts below. But the appellant may with due notice to the opposite party and with leave of the court may submit additional grounds at the time of hearing.

  • Every petition is required to be supported by the affidavit of the appellant or by any person authorized by the appellant.

  • The petitioner is required to file 4 sets of the petition & accompanying papers.

 

Court Fee
The person filing a special leave petition is required to pay court fee as per the scheduled table of court fees.

Limitation
The special leave petition has to be filed within 60 days in case the certificate of fitness to appeal to Supreme Court is refused by the High Court. The period of sixty days is calculated from the date of the order of refusal by the High Court.

In other cases, the period of limitation is 90 days from the date of judgment or order challenged in the special leave petition. However, while computing the period of limitation, the period of time spent in making the application to seek certificate in the High Court till its rejection is to be excluded.



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