Under Article 136, the Constitution of India gives power to the Supreme Court to grant special permission or leave to an aggrieved party to appeal against an order passed in any of the lower courts or tribunals in India.
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Special Leave Petition (SLP):
- Special leave petition (SLP) means that an individual takes special permission to be heard in appeal against any high court/tribunal verdict. Thus, it is not an appeal but a petition filed for an appeal.
- So, after an SLP is filed, the Supreme Court may hear the matter and if it deems fit, it may grant the ‘leave’ and convert that petition into an ‘appeal’. SLP shall then become an Appeal and the Court will hear the matter and pass a judgment.
SLP can be presented under following circumstance:
- It can be filed against any judgment or decree or order of any high court /tribunal in the territory of India, or
- It can be filed in case a high court refuses to grant the certificate of fitness for appeal to Supreme Court of India.
Time limit to file SLP:
- It can be filed against any judgment of a high court within 90 days from the date of judgment, or
- It can be filed within 60 days against the order of a high court refusing to grant the certificate of fitness for appeal to Supreme Court.