08/02/14 8:46 pm SPECIAL LEAVE PETITION - IAS OUR DREAM Page 1 of 3 http://swapsushias .blogspot.in/2012/10/ special-leave-petition.html#.UvZAR3lyiT8 SPECIAL LEAVE PETITION WHAT DOES SLP MEAN ? Special leave petition means that you take special permission to be heard in appeal against any High Court/tribunal verdict. Usually any issue decided by the State High Court is considered as final, but if there exist any constitutional issue or legal issue which can only be clarified by the Supreme Court of India then, this leave is granted by the Supreme Court & this is heard as a Civil or Criminal appeal as the case may be. Going to the Supreme Court in appeal should not be considered a matter of right by any one but it is matter of privilege which only the Supreme Court will grant to any individual if there exist an important constitutional or legal issue involved in any case that was not properly interpreted by the concerned High Court against whose judgment you approach the Highest court of the country not otherwise..

Special Leave Petition for SC of India

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Page 1: Special Leave Petition for SC of India

8/13/2019 Special Leave Petition for SC of India

http://slidepdf.com/reader/full/special-leave-petition-for-sc-of-india 1/3

08/02/14 8:46 pmSPECIAL LEAVE PETITION - IAS OUR DREAM

Page 1 of 3http://swapsushias.blogspot.in/2012/10/special-leave-petition.html#.UvZAR3lyiT8

SPECIAL LEAVE PETITION

WHAT DOES SLP MEAN ?

Special leave petition means that you take special permission to be heardin appeal against any High Court/tribunal verdict.

Usually any issue decided by the State High Court is considered as final, but if there exist any constitutional issue or legal issue which can only beclarified by the Supreme Court of India then, this leave is granted by theSupreme Court & this is heard as a Civil or Criminal appeal as the casemay be.

Going to the Supreme Court in appeal should not be considered a matterof right by any one but it is matter of privilege which only the SupremeCourt will grant to any individual if there exist an importantconstitutional or legal issue involved in any case that was not properly interpreted by the concerned High Court against whose judgment youapproach the Highest court of the country not otherwise..

Page 2: Special Leave Petition for SC of India

8/13/2019 Special Leave Petition for SC of India

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08/02/14 8:46 pmSPECIAL LEAVE PETITION - IAS OUR DREAM

Page 2 of 3http://swapsushias.blogspot.in/2012/10/special-leave-petition.html#.UvZAR3lyiT8

Special leave to appeal are filed before the Supreme Court under Article136 of the Constitution. The Supreme Court may accept or reject thesame. The consequences of rejection are of far reaching effect. The ApexCourt may reject the petition seeking grant of special leave to appeal, forseveral reasons.

What happens if the SLP is dismissed ?

A mere dismissal of SLP does not mean that High Court decisions isapproved on merits so as to be a judicial precedent. In Smt. Tej

Kumari vs. CIT (2001) 247 ITR 210 Full Bench of the Patna High

Court held that when a SLP is summarily rejected or dismissed under Art 136 of the Constitution such dismissal does not lay down any law.The decision of the High Court against which the SLP is dismissed inlimine would not operate as resjudicata. However, when Supreme Court dismisses an SLP with reason, it might be taken as the affirmation of the High Court views on merits of the case, thus there is no reason to dilute

the binding nature of precedents in such cases.