What is difference between SLP and appeal?

What is a Special Leave Petition (SLP)? SLP is a petition seeking special permission (leave) from Supreme Court to appeal against a judgment passed in any of the lower courts or tribunals in India. SLP is not an appeal but a petition filed for an appeal. The Supreme Court may accept or reject the same.

What is SLP in court case?

Special Leave Petitions in Indian Judicial System “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 meaning of SLP in Supreme Court?

Special Leave Petition
Special Leave Petition Special Leave Petitions in India (SLP) holds a prime place in the Judiciary of India, and has been provided as a “residual power” in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.

What is the difference between civil appeal and special leave petition?

It provides a unique power to grant special leave to appeal against any judgment or order or decree given by any Indian tribunal or court. It is not exactly an appeal, but a petition for appeal. If the court deems it fit, it may grant the petition to be heard.

What happens if the SLP is dismissed?

In case where leave is granted under Article 136 of the Constitution and upon conversion of civil appeal, the dismissal with or without reasons a binding precedent of the Supreme Court would come surface and merger takes place.

What happens when SLP is granted?

If leave is granted, the SC will exercise its appellate jurisdiction. Subsequent decisions of the SC are binding on both the parties. The court has a choice to grant the SLP and if the court decides to not grant it on its findings then the appellate jurisdiction of the court does not come into existence.

What if SLP is dismissed?

Dismissal of SLP by reasoned order would not attract doctrine of merger but will be binding on all courts/tribunals in India. Nageswara Rao and BR Gavai*, JJ has held that doctrine of merger would not attract and that it doesn’t matter if the SLP has been dismissed by a non-speaking order or a reasoned one.

Can SLP be filed after 90 days?

Under Rule 1 of this Order, the limitation period for filing SLP (Civil) is as under: In all other cases, the limitation period for filing SLP (Civil) is 90 days from the date of the judgment or order being appealed against.

Can SLP be reviewed?

Irrespective, the review will stand barred and the doctrine of merger would apply, even when the special leave petition is dismissed in limine. Finally, in Khoday Distilleries, a regular first appeal came to be challenged before the Supreme Court.

What 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.

Can SLP be withdrawn?

The judges allowed the prayer to withdraw the SLP and Joshi may consider filing a fresh SLP and is “keeping all grounds open”, according to sources. According to an Indian Express report, the Congress party’s leaders are divided on taking the legal route to quash Pilot’s rebellion.