Limitation for Filing of SLP in supreme court

Procedure for filing Special Leave Petition (SLP)

Time Limitation.

The Rules Governing SLP are contained in order XVI of the Supreme Court Rules 1966. Under the said Rules, SLP can be filed against either the Order of High Court rejecting petition for Leave to Appeal to Supreme Court of India; i.e., on High Court refusing to grant Certificate of Fitness for Leave to Appeal to Supreme Court or against the Order/Judgment itself. It is also possible to file SLP against the Judgment of the High Court either in Writ Petition or in the Income-tax Reference. If the Petition is filed against the Judgment of the High Court, the time limit is 90 days from the date of Judgment/Order and if the Petition is filed against the Order of High Court refusing to grant Certificate of Fitness for Appeal, the time limit is 60 days from the date of Order refusing to grant Certificate. The above time limit is subject to the time taken for obtaining certified copy of the Judgment/Order; i.e., subject to Sections 4, 5, 12 and 14 of the Limitation Act, 1963.

Special Leave petition format for Supreme court

F O R M - 28IN THE SUPREME COURT OF INDIA
(Order XVI Rule 4(1) (a)
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)
S.L.P. (Civil) No. .........................................................of.........................
BETWEEN Position of parties
In the Court/ in this
Tribunal from Court
whose order the
Petition arises
A) (Here insert the
name/names of the
petitioner (s) Petitioner/
Respondent/ Petitioner
Appellant
B)
C)
A N D
D) (Here insert the Petitioner/
name/names of Respondent/ Respondent
respondent Appellant
E)
F)
........2/-
-2-
To
Hon'ble the Chief Justice of India
and His Companion Judges of the
Supreme Court of India.
The Special Leave Petition of the Petitioner most respectfully
showeth :-
1. The petitioner/petitioners above named respectfully submits this
petition seeking special leave to appeal against the judgment/order
of
(Here specify the Court/Tribunal against whose order the leave to
appeal is sought for together with number of the case, date of the
order and the nature of the order such as allowing or dismissing the
matter or granting or refusing the interim order etc.)
2. QUESTION OF LAW:
The following questions of the law arises for consideration by this
Hon'ble Court:
(here set out the questions of law arising for consideration precisely)
3. DECLARATION IN TERMS OF RULE 4(2)
The petitioner states that no other petition seeking leave to appeal
has been filed by him against the impugned judgment and order.
4. DECLARATION IN TERMS OF RULE 6
The annexures produced alongwith the SLP are true copies of the
pleadings/documents which formed part of the records of the case in
the Court/Tribunal below against whose order the leave to appeal is
sought for in this petition.
5. GROUNDS
Leave to appeal is sought for on the following grounds.
(Here specify the grounds precisely and clearly)
6. GROUNDS FOR INTERIM RELIEF:
(here specify briefly the grounds on which interim relief is sought to)
.......3/-
-3-
7. MAIN PRAYER
(Here set out the main prayer)
8. INTERIM RELIEF
(Here set out the interim prayer)
Place : Advocate for the petitioner
Date :
Settled by :
(Specify the name of the Advocate in case where the petition is
settled by an Advocate)
By the order of the Court
Sd/-
( )
Registrar (Judicial)






F O R M - 28
IN THE SUPREME COURT OF INDIA
(Order XVI Rule 4(1) (a)
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)
S.L.P. (Civil) No. .........................................................of.........................
BETWEEN Position of parties
In the Court/ in this
Tribunal from Court
whose order the
Petition arises
A) (Here insert the
name/names of the
petitioner (s) Petitioner/
Respondent/ Petitioner
Appellant
B)
C)
A N D
D) (Here insert the Petitioner/
name/names of Respondent/ Respondent
respondent Appellant
E)
F)
........2/-
-2-
To
Hon'ble the Chief Justice of India
and His Companion Judges of the
Supreme Court of India.
The Special Leave Petition of the Petitioner most respectfully
showeth :-
1. The petitioner/petitioners above named respectfully submits this
petition seeking special leave to appeal against the judgment/order
of
(Here specify the Court/Tribunal against whose order the leave to
appeal is sought for together with number of the case, date of the
order and the nature of the order such as allowing or dismissing the
matter or granting or refusing the interim order etc.)
2. QUESTION OF LAW:
The following questions of the law arises for consideration by this
Hon'ble Court:
(here set out the questions of law arising for consideration precisely)
3. DECLARATION IN TERMS OF RULE 4(2)
The petitioner states that no other petition seeking leave to appeal
has been filed by him against the impugned judgment and order.
4. DECLARATION IN TERMS OF RULE 6
The annexures produced alongwith the SLP are true copies of the
pleadings/documents which formed part of the records of the case in
the Court/Tribunal below against whose order the leave to appeal is
sought for in this petition.
5. GROUNDS
Leave to appeal is sought for on the following grounds.
(Here specify the grounds precisely and clearly)
6. GROUNDS FOR INTERIM RELIEF:
(here specify briefly the grounds on which interim relief is sought to)
.......3/-
-3-
7. MAIN PRAYER
(Here set out the main prayer)
8. INTERIM RELIEF
(Here set out the interim prayer)
Place : Advocate for the petitioner
Date :
Settled by :
(Specify the name of the Advocate in case where the petition is
settled by an Advocate)
By the order of the Court
Sd/-
( )
Registrar (Judicial)






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Origional JurisdiSupreme Court of india

Original jurisdiction of Supreme Court of India.

The court has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.

Contempt Petition in Supreme Court of India

Contempt Petition in Supreme Court of India:

Powers to punish contempt

Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to punish anyone for contempt of any law court in India including itself. .

Attorney v.k.singh

Appeal in Supreme Court of India

Appellate jurisdiction in Supreme court

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. The Supreme Court can also grant special leave to appeal from a judgment or order of any non-military Indian court. Parliament has the power to enlarge the appellate jurisdiction of the Supreme Court and has exercised this power in case of criminal appeals by enacting the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.
Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court.

Formate of Writ Petition in Supreme Court

FORMAT OF WRIT PETITION
A SYNOPSIS AND LIST OF DATES (Specimen enclosed)
B FROM NEXT PAGE
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. OF 2005
IN THE MATTER OF
.....Petitioner
versus
....Respondents
PETITION UNDER ARTICLE________OF THE CONSTITUTION OF
INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
__________UNDER ARTICLE______OF THE CONSTITUTION OF INDIA.
To
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the Petitioner
abovenamed.
MOST RESPECTFULLY SHEWETH :
1. Facts of the case
2. Question(s) of Law
3. Grounds
4. Averment:-
That the present petitioner has not filed any other petition in any
High Court or the Supreme Court of India on the subject matter of
the present petition.
PRAYER
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) .............
(ii) to pass such other orders and further orders as may be deemed
necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL
AS INDUTY BOUND, EVER PRAY.
FILED BY:
PETITIONER-IN-PERSON
DRAWN:
FILED ON:
C The Writ Petition should be accompanied by:
(i) Affidavit of the petitioner duly sworn.
(ii) Annexures as referred to in the Writ Petitioner, Rs.2/- per
annexure.
(iii) 1+5 copies of the Writ Petition are required
(iv) Court fee of Rs.50/- per petitioner (In Crl. Matter no court fee is
payable)
(v) Index (As per Specimen enclosed)
(vi) Cover page (as per Specimen enclosed)
(vii) Any application to be filed, Rs. 12/- per application
(viii) Memo of appearance, Rs. 5/- Court fee.
Petitioner-in-person may see a copy of WP (kept with AR-IB) to
have practical knowledge about drafting of petition.
********
I N D E X
_________________________________________________________________
Sl. No. PARTICULARS PAGES
_________________________________________________________________
1. Synopsis and List of Dates
2. Writ Petition alongwith Affidavit
in support
3. Annexures
4. Application if any
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. OF 2005
.....Petitioner
Versus
......Respondent
P A P E R - B O O K
FOR INDEX KINDLY SEE INSIDE
FILED BY:
(ADVOCATE FOR THE PETITIONER/
PETITIONER-IN-PERSON)
Filed on:

Transfer Petition in Supreme Court

Transfer Petition in Supreme Court (divorce case)


Power to transfer petitions in certain cases.-(1)Where-
(a) a petition under this Act has been presented to a District Court having jurisdiction by a party to marriage praying for a decree for a judicial separation under Section 10 or of a decree of divorce under Section 13; and
(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under Section 10 or for a decree of divorce under Section 13 on any ground, whether in the same District Court or in a different District Court, in the same State or in a different State, the petitions shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies,-
(a) if the petitions are presented to the same District Court, both the petitions shall be tried
and heard together by that District Court;
(b) if the petition are presented to different District Courts, the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.

In case of Transfer petition in Supreme court:


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+91-9999318690

Transfer petitions

The Supreme Court has the power to transfer the cases from one High Court to another and even from one District Court of a particular state to another District Court of the other state. In such transfer cases the Hon'ble Supreme Court transfer only those cases if they really lack appropriate territorial jurisdiction and those cases which were otherwise supposed to be filed under the transferred jurisdiction. Hon'ble Supreme Court often looks at the real ground / reason for such transfer.
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