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Special Leave Petition 136
Special Leave Petition 136
Indian Constitution
Introduction
Special leave petition under Article 136 of Indian Constitution can be understood
as an appeal to the Supreme Court only with its permission or leave. It is provided
as a residual power to the Apex Court of India to be exercised only in cases where
substantial question of law is involved or gross injustice has been done. The
Constitution of India under Article 136 provided Supreme Court of India with a
special power to grant special leave to appeal against any judgment or order or
decree, in any matter or cause, given by tribunal or court within the territory of
India.
Article 136 states– “Special leave to appeal by the Supreme Court:
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its
discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made by
any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence
or order passed or made by any court or tribunal constituted by or under
any law relating to the Armed Forces.”
Article 136(2) provides only exception of article 136(1). Article 136(2) states that
any court and tribunal related to armed forces are the only courts and tribunals
which are expressly exempted from the scope of article 136.
The two conditions to invoke article 136 are-
1. Determination or order sought be appealed from must have the
character of judicial nature adjudication. Purely executive or
administrative direction is not considered to be made subject matter
of appeal to the supreme court under article 136.
2. The authority whose act is complained must be a court or tribunal.
Article 136 does not provide for appeal, but a petition for appeal. It is at the
discretion of supreme court to grant permission to be heard if it deems fit to be
heard. After permission is granted the special leave petition is automatically
converted into appeal.
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orders refer to an order, judgement, sentence or decree given in an
intermediate stage between commencement and termination of the
case.
4. The order, decree or judgment of the court or tribunal can be related
to civil, criminal or otherwise.
5. In a criminal appeal by the way of special leave petition, the court is
not concerned with formal rules, but only with the question whether
there has been a miscarriage of justice.
Contents of Special Leave Petition-
Special Leave Petition should state all the facts that are necessary to
enable the court to determine whether special leave petition ought to
be granted or not.
Special Leave Petition should be signed by the advocate on record.
Special Leave Petition should also contain a statement that the
petitioner has not filed by any other petition in the High Court.
Special Leave Petition should be followed by a certified copy of
judgment appealed against and an affidavit by petitioner verifying the
same.
Special Leave Petition should also be accompanied by all documents
that formed part of pleading in Lower Court.
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in a variety of other cases. The only uniform standard which in our opinion can be
laid down in the circumstances is that Court should grant special leave to appeal
only in those cases where special circumstances are shown to exist.”
Supreme Court does not allow the issues not raised before lower courts to be raised
before itself for the first time. Any error even regarding law does not justify
interference under article 136.
The grounds on which supreme court can interfere with the decision of tribunals
are-
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[2] AIR 1982 SC 1598, 1983 Cri LJ 153, 1983 (1) Crimes 145 SC, 1982 (2)
SCALE 1055, (1984) 2 SCC 445
[3] Pawan Kumar vs State of Haryana
[4] Liyakat Mian vs State of Bihar,1973
[5] Ram Singh vs Sonia,2007
[6] 1977 AIR 472, 1977 SCR (1) 280
[7] Jaswant Sugar Mills Ltd vs Lakshmi Chand
[8] Jaswant Sugar Mills Ltd vs Lakshmi Chand
[9] 1950 AIR 188, 1950 SCR 459