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What is special leave petition in Supreme Court of India?
Special leave petition or SLP hold a prime place in the Indian judicial system. It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India.
What is Article 142 Upsc?
What is Article 142? Definition: Article 142 provides discretionary power to the Supreme Court as it states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
What is curative petition UPSC?
Curative petition means that requests the court to examine its own decision after a review petition has been dismissed. It is the final resort to judicial remedy for any matter that is not ordinarily heard in open court. Curative Petition was inspired by the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. in 2002.
What is Article 137?
Article 137 in The Constitution Of India 1949. 137. Review of judgments or orders by the Supreme Court Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
Why it is called special leave petition?
Supreme Court SLP Judgement Filing In Supreme Court Of India. An SLP or Special Leave Petition is filed in the Supreme Court of India as a special permission to be heard in appeal against an order from any High Court or Tribunal.
Why special leave petition is filed?
SLP can be filed in a case where a substantial question of law arises or gross injustice has been done. Under this, the aggrieved party is provided a special permission to be heard in Apex Court in appeal against the order or judgment of any court or tribunal in the territory of India.
When can a special leave petition be filed?
SLP can be filed against any judgment of High Court within 90 days from the date of judgement; or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
What is Article 136?
136. 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.
What is Article 145?
Article 145 in The Constitution Of India 1949. 145. Rules of Court, etc. (1) Subject to the provisions of any law made by Parliament the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including.
What happens if special leave petition is rejected?
Mere rejection of a special leave petition does not take away the jurisdiction of the court, tribunal or forum whose order forms the subject matter of petition for special leave to review its own order if grounds for exercise of review jurisdiction are shown to exist.