html A Case in Supreme Court of India is not like any other appeal. It is literally your last legal resort in Indian’ judicial system. People approach through Advocate BK Singh after High Court remedies have been exhausted and typically when they feel unheard, aggrieved and unfairly treated by inferior courts. But did you know SLP Application itself is unique? It is not a guaranteed appeal as of right. When you file Special Leave Petition under Article 136 of the Constitution, you literally asking the highest judiciary of India to hear your case. The granting of leave to appeal is discretionary and that is where timing, drafting and legal strategy matter. In my Supreme Court practice, I’ve seen people approaching too late after losing at every forum without proper legal screening. Therefore, your chances of getting leave to appeal itself rejected are very high. Hence the importance of hiring a seasoned Supreme Court lawyer like Advocate BK Singh at the right time. For instance, in many cases Advocate BK Singh filters out cases first and decides if the case has any constitutional merit worthy of Supreme Court before he even files. Typically people consult Advocate BK Singh after losing at High Court but smart people consult at the time of legal screening. Here’s why. An SLP is extremely technical and focuses mainly on grave injustice done to you, error of law, or constitutional interpretation being incorrect. It is not simply repeating facts. It requires deep experience in Supreme Court practice. Hence why Advocate BK Singh helps you choose right strategy at right time. Whether your matter is from Delhi NCR or Mumbai or any other city in India, Advocate BK Singh has helped clients understand if their SLP is maintainable or not. Supreme Court has been taking a stricter view on granting hearings to SLP applications. They are conscious of backlog and intervene only in cases where miscarriage of justice is evident or legal error is obvious. Hence it’s more important now more than ever to get legal screening done early. In Delhi NCR courts for instance near thousands approach Supreme Court every year believing their day in high court was their day in court. Supreme Court is NOT a third regular appeal forum. It’s at this point Advocate BK Singh becomes invaluable. Advocate BK Singh can help you avoid filing altogether if your SLP is non-maintainable. Instead of jumping the gun and filing in Supreme Court, Advocate BK Singh would first evaluate if any constitutional provision under Article 136 was violated in your case. Only then would he proceed to file an SLP. Honestly, many clients are advised to go for review/rectification or settlement than filing SLP if chances are bleak. If you don’t understand this in time, your SLP can get dismissed at the time of admission. Meaning you lose more time and money for no reason. SLP stands for Special Leave Petition Filled under Article 136 of Constitution India Supreme Court’s power is discretionary and not mandatory appeal authority It is not a matter of right like regular appeals Judgment of High Court is NOT automatically appealable by SLP Leave to appeal is required to be granted before proceeding with the hearing Only cases where substantial question of law is involved or gross injustice is done are entertained Precision in legal drafting and framing of issues is required Hiring experienced Supreme Court lawyer like Advocate BK Singh may help screen your case qualitatively SLP is an application seeking special permission (leave) to appeal against any judgment, decree or order from any court or tribunal in India. SLP is not your RIGHT like the regular second appeal is. It is a privilege that you must convince the Supreme Court to grant. It’s a discretionary power. So the real question is how do you frame your legal issue. Period. That’s why Advocate BK Singh tells all clients that not every judgement which is against you can be challenged in Supreme Court. There is a higher threshold to establish legal error or significant injustice. Article 136 defines Special Leave Petition but deserves a closer reading. Supreme Court has held time and again that SLP is not a replacement for second appeals or a regular appeal against High Court decisions. In legal practice, Advocate BK Singh has used this provision to entertain cases which fall under the following criteria: If your case does not fall into any of these buckets. Advocate BK Singh will most probably advise you against filing the SLP. Individuals from all walks of life in India approach Supreme Court of India. It’s not just about big companies fighting commercial cases. Here are types of cases where SLP can be filed: Meet people from Delhi NCR to Mumbai who have approached Advocate BK Singh with this very issue. They lost in High Court and believed they have a strong Supreme Court case. If only they took legal opinion before instead of acting in emotions. The road to filing a SLP in Supreme Court involves few important steps BEFORE you actually file. Think of SLP as FINAL step not your initial step. Look at the workflow. First you screen your case. Does your High Court order deal with a question which Supreme Court will admit? Legal screening is IMPORTANT. Only then Advocate BK Singh suggests you start collecting documents for SLP. Here is where most clients go wrong. They jump into preparing SLP without proper case assessment. These documents typically include: Once collected and reviewed by Advocate BK Singh, drafting of SLP can begin. How is the SLP framed? It has to focus on: Finally filing happens with Advocate BK Singh along with application for condonation of delay if necessary. In fact Advocate BK Singh also helps many clients decide if they should file review petition or curative petition FIRST before jumping the gun into SLP. Filing Supreme Court case is just a process. The real challenge is doing it on time. Why do I say this? Most clients wait until the last week of limitation period to even start SLP process. In doing so, they compromise on quality of drafting. Yes Supreme Court does condone delay but why take risk when not required? Advocate BK Singh suggest starting SLP process soon after High Court judgment is pronounced. If it’s a civil or criminal matter where immediate enforcement (money or arrest) can happen, SLP drafting should be done ASAP. I have laid out few mistakes people make WHILE FILING SPL but realize later those are BIGGEST reasons why Supreme Court denies admission to SLPs. When SLP gets filed incorrectly, these things can happen to YOU. That is why Advocate BK Singh screens all SLP cases carefully before advising you whether to file or not. Remember, Advocate BK Singh can help you assess the best legal strategy and remedy at the RIGHT time. SLP may not always be the right choice. But dismissing it outright also isn’t practical either. Consult a lawyer to know your options first. Advocate BK Singh has handled numerous SLP matters. Hence on bksinghadvocate.com you can find services related to Supreme Court case drafting and filtration. Learn more about Supreme Court practice here. Can filing SLP save your case from permanent adverse order? IF done right, YES. Explore services now. SLP is defined as the petition filed before Supreme court under Article 136 of Constitution praying for grant of permission to appeal against any judgment or order of High Court or tribunal. No. It is not matter of right. Supreme Court exercises its discretion whether to grant leave or not. You must approach supreme court advocate immediately after unfavorable judgment is passed by High Court. Review of your case is required to ascertain whether your case is fit for filing SLP or some other remedy like review is available. SLP can be filed on grounds of illegality, violation of natural justice, jurisdictional errors and for grave miscarriage of justice. The Petition cannot be entertained merely on ground of dissatisfaction with the judgment. No. You can challenge High Court judgments in Supreme Court only where there is a substantial question of law or gross injustice is done. Supreme Court does not entertain petition filed only to argue upon factual matters. Supreme Court is not a normal Third appellate court. It depends on urgency of matter, complexity of issues and when you are able to get it listed. Some petitions are dismissed at the time of admission. And if the court grants you leave, it may take few months or even years for disposal. High Court order/judgment would become final and binding. Only in rare cases further remedies like review of that judgment is available. Yes. You will have to file complete certified copy of Judgment/order along with pleadings and other documents on which you have relied upon in your High Court. Incomplete records will only weaken your SLP petition and chances of getting dismissed at the very outset. Yes. If you have sufficient cause to show for the delay, then delay is condonable by filing an application. Supreme Court scrutinizes the reasons for delay very strictly. Supreme Court advocates would help you to screen your case properly so that only those cases with constitutional questions involved are chosen for SLP and are drafted perfectly. This would help you in increasing your chances of admission and prevent you from filing unmeritorious or weak petitions in Supreme Court. Don’t file an SLP because you lost. File an SLP if Supreme Court is likely to consider your case as SPECIAL. Nine out of ten fruitless SLPs are not defeated because of facts but are crushed under the weight of legal arguments (or the lack of it). And that is the difference a consultation can make at the onset itself. When it comes to affairs of intricacy Advocate BK Singh guides his clients against filing useless documents and only escalates those cases that have a constitutional merit. Several litigants from India consult Advocate BK Singh because he gives them a RIGHT consultation – before filing the case, not consulting you after the hole is dug deep.When Should You Hire a Supreme Court Advocate to File a (SLP)?
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Acronym Meaning
Constitutional Basis
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Not Regular Right
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Qualitative Check
Understanding The Actual Legal Issue
Difference between Regular Appeal & Special Leave Petition (SLP)
Regular Appeal Special Leave Petition (SLP) your right to appeal if criteria are met YOU have to convince the court to grant you leave = privilege The Law Behind Filing Special Leave Petition (SLP)
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How bksinghadvocate.com can Help You
1. What is Supreme Court Special Leave Petition?
2. Is SLP our matter of right after losing a case in High Court?
3. At what stage should I approach Supreme Court advocate for filing SLP?
4. What are common grounds for filing SLP?
5. Can all judgments from High Courts be challenged in Supreme Court?
6. How long does supreme court take to dispose of SLPs?
7. What if my SLP petition gets rejected by supreme Court?
8. Do I need complete set of records from High Court for filing SLP?
9. Will Supreme Court condone the delay in filing SLP?
10. Why you should hire an experienced Supreme Court lawyer for filing SLP?
Final Thoughts
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