Special Leave Petition - How To File SLP - Article 136
Special Leave Petition - How To File SLP - Article 136
Special Leave Petition - How To File SLP - Article 136
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136. Special leave to appeal by the Supreme Court- authority which by the Constitution or authority
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its specially conferred upon it is required to act
discretion, grant special leave to appeal from any judgment, decree, judicially, is not necessarily a Tribunal for the
determination, sentence or order in any cause or matter passed or made by purpose of Article 136. The meaning of the word
any court or tribunal in the territory of India. ‘Tribunal, for the purposes of Article 136 was
discussed by Fazal Ali, J. in Bharat Bank Ltd. v.
(2) Nothing in clause (1) shall apply to any judgment, determination, Employees of Bharat Bank Ltd. The Court held:
sentence or order passed or made by any court or tribunal constituted by or Can we then say that an Industrial Tribunal does
under any law relating to the Armed Forces." fall within the scope of Article 136? If we go by a
Scope And Extent of The Jurisdiction of The Court Under Article 136 of a Court' and performs functions which cannot
but be regarded as judicial."
Since its establishment, the Supreme Court has defined the scope of its jurisdiction
whenever opportunity arose. It has laid down the limits within which it would exercise its
In Engineering Mazdoor Sabha v. Hind Cycles
powers under this Article. Though the are unlimited, the Court has always tried to
Ltd., a question arose whether the arbitrator
exercise the same within the ambit of certain principles. It has by and large followed the
appointed by consent of parties under Section 10-
practice of the Privy Council and the Federal Court in this regard.
A of the Industrial Disputes Act, 1947 can be
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various decisions of the Privy Council and stated: acting under Section 10-A was not a tribunal under
"Though this Court is no longer bound by the principles which have been laid down by it Article 136 even though having some of the
defining the limits within which interference with the course of criminal justice dispensed trappings of a Court. It was held that though the
in the subordinate Courts is warranted and to remove all misapprehensions on the decision of the arbitrator was quasi-judicial in
subject, it would be useful to refer to some of the cases in which those principles have character and amounted to a determination or
been enunciated and explained" order under Article 136(1), the arbitrator was not a
tribunal under the Article, as the State had not
The Court inter alia laid down the following propositions of law: invested the arbitrator with any judicial power of
adjudication, and the power of adjudication was
1. Leave to appeal in criminal cases could only be given where some clear departure derived by him from the agreement between the
from the requirements of justice is alleged to have taken place. parties. The Court observed:
"Article 136(1) refers to a Tribunal in
2. The criminal proceedings would not be reviewed unless it be shown that by a contradistinction to a court The expression 'a
disregard of the forms of legal process or by some violation of the principles of natural Court' in the technical sense is a Tribunal
justice or otherwise substantial and grave injustice has been done. constituted by the State as a part of ordinary
hierarchy of courts which are invested with State's
3. The exercise of prerogative takes place only where it is shown thatinjustice of a inherent judicial powers. The Tribunal as
serious and substantial character has occurred. A mere mistake on the part of the courts distinguished from the Court, exercises judicial
below, as for example, in the admission of improper evidence, will not suffice if it has not powers and decides matters brought before it
led to injustice of a grave character. Interference is not advised even if a different view of judicially or quasi-judicially, but it does not
evidence is possible. constitute a court in the technical sense. The
Tribunal, according to the dictionary meaning, is a
4. In a criminal appeal brought by special leave, the Court is not concerned with formal seat of justice; and in the discharge of its functions,
rules, but only with the question whether there has been a miscarriage of justice. it shares some of the characteristics of the court".
5. To interfere with a criminal sentence there must be something so irregular or so Further, the Court observed:
outrageous as to shock the very basis of justice and misdirection as such, even It would thus be noticed that apart from the
irregularity as such, will not that suffice and that there must be something which in the importance of the trappings of a Court, the basic
particular case deprives the accused of the substance of fair trial and the protection of and essential condition which makes an authority
the law. or a body a tribunal under Article 136, is that it
should be constituted by the State and should be
In Pritam Singh v. States, the Supreme Court laid down the broad principles within invested with the State's inherent judicial power".
which it would exercise its jurisdiction in granting special leave under this Article. The
Court observed: In Jaswant Singh Mills Ltd. v. Lakshmi Chand,
"On a careful examination of Article 136 along with the preceding article, it seems clear the Court held that a Conciliation Officer exercising
that the wide discretionary power with which this Court is invested under it is to be powers under clause 29 of the Order promulgated
exercised sparingly and in exceptional cases only, and as far as possible a more or less under Sections 3 and 8 of the U.P. Industrial
uniform standard should be adopted in granting special leave in the wide range of Disputes Act was not a tribunal within the meaning
matters which can come up before it under this article. By virtue of this article, we can of Article 136, as he was not invested with the
grant special leave in civil cases, in criminal cases, in income tax cases, in cases which judicial power of the State. In Harinagar Sugar
come up before different kinds of tribunals and in a variety of other cases. The only Mills Ltd. v. Shyam Sunder Jhunjhunwala, the
uniform standard which in our opinion can be laid down in the circumstances is that the Court held that an order made by the Central
Court should grant special leave to appeal only in those cases where special Government in an appeal under Section 111(3) of
circumstances are shown to exist. the Companies Act, 1956 was an order made by
the Tribunal, and hence an appeal could lie to the
The Privy Council have tried to lay down from time to time certain principles for granting Supreme Court.
special leave to criminal cases, which were reviewed by the Federal Court in Kapildeo v.
The King, (supra). It is sufficient for our purpose to say that though we are not bound to In a case under the Punjab Welfare Officers
follow them too rigidly since the reasons, constitutional and administrative which Recruitment and Conditions of Service Rules,
sometimes weighed with the Privy Council, need not weigh with us, yet some of those 1952, the Court had occasion to discuss in detail
principles are useful as furnishing in many cases a sound basis for invoking the the meaning of the word "Tribunal'. The Court
discretion of this Court in granting special leave. Generally speaking, this Court will not observed:
grant special leave, unless it is shown that exceptional and special circumstances exist, "Tribunals which fall within the purview of Article
that substantial and grave injustice has been done and that the case in question presents 136(1) occupy a special position of their own under
features of sufficient gravity to warrant a review of the decision appealed against." the scheme of our Constitution.
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The overriding 'nature of the power exercised by the Supreme Court under Article 136 Special matters and questions are entrusted to
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and limitations implicit in its exercise were discussed in Dhakeswari Cotton Mills Ltd. v. them for their decision and in that sense, they
Commissioner of income Tax. The Court observed: share with the courts one common characteristic:
"It is not possible to define with any precision the limitations on the exercise of the both the courts and the tribunals are 'constituted
discretionary jurisdiction vested in this Court by the constitutional provision made in by a State and are invested with judicial as
Article 136. The limitations, whatever they be, are implicit in the nature and character of distinguished from purely administrative or
the power itself. It being an exceptional and overriding power, naturally it has to be executive functions. They are both adjudicating
exercised sparingly and with caution and in special and extraordinary situations. bodies and they deal with and finally determine
of appeal against orders made by the High Court or the sessions court or the established by the Constitution; but that s not
magistrates. It was created as an Apex Court for the purpose of laying down the law for affect the competence of the State, by appropriate
the entire country and extraordinary jurisdiction for granting special leave was conferred measures, to transfer a part of its judicial powers
upon it under Article 136 of the Constitution so that it could interfere whenever it found and functions to tribunals by entrusting to them the
that law was not correctly enunciated by the lower courts or tribunals and it was task of adjudicating upon special matters and
necessary to pronounce the correct law on the subject. This extraordinary jurisdiction disputes between parties. It is really not possible or
could also be availed by the rt for the purpose of correcting grave miscarriage of justice, even expedient to attempt to describe exhaustively
but such cases would be exceptional by their very nature. It is not every the features which are common to the tribunals
and the courts, and features which are distinct and
Case where the Apex Court finds that some injustice has been done that it would grant separate The basic and the fundamental feature
special leave and interfere. That would be converting the Apex Court into a regular court which is common to both the courts and the
of appeal and moreover, by so doing Apex Court would soon be reduced to a position tribunals is that they discharge judicial functions
where it will find itself unable to remedy any injustice at all on account of the tremendous and exercise judicial powers which inherently vest
backlog of cases which is bound to accumulate." in a sovereign State.
As already observed, the Court exercises jurisdiction under Article 136 in a variety of Applying the tests, the Court held that the State
cases. The general principles discussed above apply in all cases, but it may be useful to Government exercising appellate jurisdiction under
highlight the approach of the Supreme Court with reference to particular illustrative Rule 6(5) and (6) of the Punjab Welfare Officers
subject matters. Recruitment and Conditions of Service Rules,
1952 was a tribunal under Article 136.
New Pleas Raised For The First Time In Appeals Under Article 136
Legal Effect of Dismissal In Limine of A Special Leave Petition
Practice of Supreme Court In Respect of Condonation of Delay In Filing Special Leave
Petition
Notice Before Granting Special Leave in Special Leave Petition:
1. Power To Remand The Case Back To The Tribunal or High Court,
2. Supreme Court Can Pass Orders For Interim Relief In Appeals Under Article 136
3. A Party Can Compromise The Matter During The Pendency of Appeal Under Article
136
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Powers of Court To Grant Relief Under Article 136
Compromise During A Party Can Compromise The Matter During The Pendency of
Appeal Under Article 136
Hypothetical Questions Are Not Decided By The Supreme Court
Exemption From Surrender - Limited Leave Granted - Appeal Under Article 136 Does
Not Become In Fructuous
(2) the Court will not normally enter into a reappraisal or review of the evidence, unless the In Baboo v. State of Madhya Pradesh, the Court
assessment of the High Court is vitiated by an error of law or procedure or is based on error of observed that when in a criminal trial a number of
record, misreading of evidence or is inconsistent with the evidence, for instance, where the ocular accused are convicted of an offence under Section
evidence is totally inconsistent with the medical evidence and so on; 302 IPC. and there is only one appeal on facts to
the High Court, ordinarily it is expected that the
(3) the Court would not enter into credibility of, the evidence with a view to substitute its own contentions raised by the accused would receive
opinion for that of the High Court serious consideration at the hands of the High
Court It is undoubtedly open to the High Court to
(4) the Court would interfere where the High Court has arrived at a finding of fact in disregard of dismiss such an appeal in limine but it must be by
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judicial process, principles of natural justice or fair hearing or has acted in violation of a
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mandatory provision of law or procedure resulting in serious prejudice or injustice to the accused; a speaking order.
(5) the Court might also interfere where on the proved facts wrong inferences of law have been Similarly, in Rama v. State of Rajasthan, the
drawn or where the conclusions of the High Court are manifestly perverse and based on no Court, in exercise of jurisdiction under Article 136,
evidence. remitted the matter to the High Court for fresh
disposal, when the High Court had affirmed the
The Court further went on to say: conviction by merely observing:
"It is very difficult to lay down a rule of universal application, but the principles mentioned above "After re appreciation of evidence and re-scrutiny
and those adumbrated in the authorities of this Court cited supra provide sufficient guidelines for of the record, 1 find that there is no error apparent
this Court to decide criminal anneals by special leave" in the finding recorded by the learned Judge.
Therefore there is no reason to interfere with the
The Court in the case of Mahesh Chander v/s Delhi Administration, has The Court held that order of conviction passed by the learned Judge."
the same tests as above would be applicable in cases of judgments of acquittal and conviction. In
Varkey Joseph v. State of Kerala, where after reading the judgments of the Courts below, i.e. Emphasizing the need to give reasons even in
the Sessions Court and the High Court, the Court entertained a doubt as regards the case of dismissal of a writ petition, the Supreme
conclusiveness of the complicity of the petitioner, it perused the evidence and came to the Court in Vasudeo Vishwanath Saraf v. New
conclusion that the courts had not subjected the evidence to critical analysis on the touchstone of Education Institute, has observed:
human conduct and probabilities and overlooked material admissions leading to miscarriage of
justice. It is a cardinal principle of law which governs our
policy that the court including Writ Court is required
The Court has also held that the benefit of a judgment of acquittal can be given to an accused to record reasons while disposing f a writ petition in
who has not appealed against the order of the High Court if, on the evaluation of the case, it order to enable the litigants more particularly the
reaches the conclusion that no aggrieved party to know the reasons which
conviction of any of the accused was possible. weighed with the mind of the court in determining
the questions of facts and law raised in the writ
A Legislative Enactment Cannot Override or Take Away Powers of The Supreme
Court Under Article 136 of The Constitution petition or in the action brought. This is imperative
for the fair and equitable administration of justice.
In some Acts such as the Industrial Disputes Act, 1947, Representation of the People Act, 1951
More so when there is statutory provision for
etc., provision has been made that the order or decision of the Tribunal would be "final and
appeal to the higher court in the hierarchy of courts
conclusive" It was contended that the Supreme Court will have no power to hear an appeal
in order to enable the superior court or the
against such an order under Article 136. The Court has negatived such a contention. The Court
appellate court to know or to apprised of the
has held that it enjoys the power by virtue of the Constitution and nothing short of an amendment
reasons which impelled the court to pass the order
in the Constitution can curtail that power.
in question. This recording of reasons in deciding
cases or applications affecting rights of parties is
In Durga Shanker Mehta v. Thakur Raghuraj Singh, the Supreme Court observed:
also a mandatory requirement to be fulfilled in
"It is well known that an appeal is a creature of statute and there can be no inherent right of
consonance with the principles of natural justice. It
appeal from any judgment or determination unless an appeal is expressly provided for by the law
is no answer at all to this legal position that for the
itself. The powers given by Article 136 of the Constitution however are in the nature of special or
purpose of expeditious disposal of cases, a laconic
residuary powers which are exercisable outside the purview of ordinary law, in cases where the
order like 'dismissed' or 'rejected' will be made
needs of justice demand interference by the Supreme Court of the land. The Article itself is
without passing a reasoned order or a speaking
worded in the widest terms possible. It vests in the Supreme Court a plenary jurisdiction in the
order. In other fair play and justice demands that
matter of entertaining and hearing appeals, by granting of special leave, against any kind of
justice must not only be done but must seem to
judgment or order made by a court or tribunal in any cause or matter and the powers could be
have been done"
exercised in spite of the specific provisions for appeal contained in the Constitution or other laws.
The Constitution for the best of reasons did not choose to fetter or circumscribe the power
Interference With Findings of Fact
exercisable under this article in any way. Section 105 of the Representation of the People Act
certainly gives finality to the decision of the Election Tribunal so far as that Act is concerned and It has been the practice of the Supreme
does not provide for any further appeal but that cannot in any way cut down or affect the Court not to embark upon an enquiry into
overriding powers which this Court can exercise in the matter of granting special leave under facts and evidence of cases in a special leave
Article 136 of the Constitution." petition. The practice which has been
followed by the Federal Court and the
These cases should be distinguished from the cases where the bar to entertain an appeal from Supreme Court in respect of the interference
the order or decision of a particular tribunal has been provided in the Constitution itself, (for with the findings and the appreciation of the
instance Article 329). This distinction has been brought out in detail in Meghraj Kothari v/s evidence has been adopted from the Privy
Delimitation Commissioner, where the Court observed: Council in Bibhabati Devi v/s Ramendra
In this case we are not faced. with that difficulty because the Constitution itself provides under Narayan Roy, where it summed up the
Article 329(a) that any law relating tothe delimitation of constituencies etc. made or purporting to principles as follows: Top
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be made an order under s. 8 or 9 and published under Section 10(1) would not be saved merely (1) The practice applies in the case of all the
because of the use of the expression "shall not be called in question in any court". But if by the various judicatures whose final tribunal is
publication of the order in the Gazette of India it is to be treated as law made under Article 327, the Board.
Article 329 would prevent any investigation by any court of law."
An Undertaking Given By The Tenant To Vacate The Premises Cannot Take obviate the practice.
Away The Right Under Article 136
A Bench of the Supreme Court in R.N. Gosain v. Yashpal Dhir, took a view that if a tenant before
(3) A difference in the reasons which bring
the High Court had given an undertaking to vacate the premises, he was foreclosed from
the Judges to the same finding of fact will
exercising his option to prefer a petition under Article 136 of the Constitution. The said view was
not obviate the practice.
Bench held that an appeal filed under Article 136 cannot be dismissed as not maintainable on the
must be some miscarriage of justice or
mere ground that the appellant has given an undertaking to the High Court on being so directed in
violation of some principle of law or
order to keen the High Court's order in abeyance for some time.
procedure Miscarriage of justice means such
a departure from the rule which permeate
By directing a party to a lis to give an undertaking, it was held, no court can scuttle or foreclose a
all judicial procedure as to make that which
statutory remedy, much less a Constitutional remedy. In a recent case, the question whether a
happened not in the proper sense of the
tenant who himself requests for time. to vacate the premises could maintain a special leave
word judicial procedure at all. The violation
Judicial Or Quasi-Judicial Or A Purely Administrative (Or Executive) Act (6) The practice is not a cast-iron one, and
the foregoing statement asto reasons which
In Province of Bombay v. Khushaldas S. Advani, the Supreme Court held that
will justify departure is illustrative only, and
there was an indefinable yet an appreciable difference between the doing of an
there may occur cases of such an unusual
executive or administrative act or a quasi-judicial act. The question whether an act
nature as will constrain the Board to depart
is a purely ministerial or a judicial one depends on the facts and circumstances of
from the practice.
each case. The Court has further held that where on authority was required to act
judicially either by express provision of the statute under which it acts or by
(7) The practice relates to the findings of the
necessary implications of the said statute, the decisions of such an authority
courts below, which are generally stated in
generally amounted to a quasi-judicial decision. Where, however, the executive or
the order of the court, but may be stated
administrative bodies were not required to act judicially and were competent to
findings on the issue before the Courts in
deal with the issues referred to them administratively, their conclusions could not
the judgments, provided that they are
be treated as quasi-judicial conclusions.
directly related to the final decision of the
court.
In Jaswant Singh Sugar Mills Ltd., Meerut v. Lachmichand, the Court. following
the decision in Province of Bombay v. K.S. Advani, (supra) laid down the following
In Nihar Singh v. State of Punjah, the Court
tests to determine whether an act is a judicial act: Top
had an occasion to discuss its powers to
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Applying these tests, the Court held that the Conciliation Officer ingranting or The Court further held that the practice of
refusing permission to alter the terms of employment of workmen at the instance the Privy Council followed by the Federal
of the employer has to act judicially. His decision as not made to depend upon any Court and the Supreme Court is not to
subjective satisfaction; he was required to investigate and ascertain facts, apply interfere on questions of fact except in
objective standards to facts found, and to declare whether the employer makes out exceptional cases when the finding is such
a case for granting permission to alter the terms of employment of his employees. that it shocks the conscience of the Court or
The Court held that the U.P. Industrial Disputes Act and the Order framed by disregard to the forms of the legal
thereunder did not lay down any specific procedure, but the duty cast upon the process or some violation of the principles of
Conciliation Officer to decide the matter after investigating facts by the application natural justice or otherwise, substantial and
of objective standards involved an obligation to evolve a procedure consistent with grave injustice has been done.
the purpose and nature of the enquiry, which assured to the disputing parties an
opportunity to present their respective cases, and to substantiate the same by Although normally the Supreme Court is
evidence and argument. reluctant to interfere with concurrent
findings of fact, if essential ingredients
The question that arose for consideration in some cases before the Court was necessary for the finding of a fact have not
whether orders made by a High Court on the administrative side would amenable in fact been found by the courts below, then
to jurisdiction under Article 136. In Dev Singh v. Registrar Punjab and Haryana the Court is bound to examine the question
High Court, the Court observed: whether injustice or wrong is done. The
There is clear distinction between the courts of law exercising judicial powers and burden of showing that a concurrent finding
other bodies. The decisions by courts are clearly judicial. That is not the case with of two or more courts or tribunals is
bodies exercising administrative or executive powers. In certain matters even the manifestly unjust lies on the petitioner. But
Judges have to act administratively and in doing so, they have to act quasi-judicially once that burden is discharged it is not only
in dealing with the matters entrusted to them. It is only where the authorities are the right but the duty of the Supreme Court
required to act judicially either by express provisions of the statute or by necessary to remedy the injustice.
implication that the decisions of such an authority would amount to a quasi-judicial
proceeding. When Judge in exercise of their administrative functions decide cases, In another case, the Court has observed:
it cannot be said that their decisions ate either judicial or quasi-judicial decisions. "It has been ruled in many cases before that
this Court will not reassess the evidence at
In the instant case, the Court held that the High Court, exercising its powers under large, particularly when it has been
Rule X(2) of the Rules framed by the High Court under Section 35(3) of the Punjab concurrently accepted by the High Court and
Court Rules, 1918 against an order passed by a District Judge dismissing employees the court or courts below. In other words,
of a subordinate court, acts in an administrative capacity. this Court does not form a fresh opinion as
to the innocence or the guilt of the accused.
Suppression of Material Facts And Misleading The Court-Leave Can Be Revoked It accepts the appraisal of the evidence in
Jurisdiction under Article 136 is of extraordinary nature and granting of leave is a the High Court and the court or courts
purely discretionary power. While granting special leave, the Court generally relies below. Therefore before this Court interferes
upon the statement made by the petitioner in the special leave petition. It is, something more must be shown, such as
therefore, of utmost importance that the statement made in the special leave that there has been in trial a violation of the
petition should be true and correct and no attempt should be made to mislead the principles of natural justice or a deprivation
Court. No material fact should be suppressed. Whenever it has been brought to the of the rights of the accused or a misreading
notice of the Court that some material facts have been suppressed or that the of vital evidence or an improper reception or
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rejection of evidence which, if discarded or
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Court has been misled by the petitioner, the Court has not hesitated to revoke the received, would leave the conviction
special leave granted even at the time of the hearing of such an appeal. In Hari unsupportable, or that the court or courts
Narain v/s Badri Das, the Court observed: have committed an error of the law or of the
forms of legal process or procedure by
"It is of utmost importance that in making material statements and setting forth which justice itself has failed."
grounds in an application for special leave, care must be taken not to make any
statements which are inaccurate, untrue or misleading. In dealing with applications In Bharwada Bhoginbhai Hirjibhai v. State
for special leave, the Court naturally takes statements of fact and grounds of fact of Gujarat, the Court summarized the
contained in the petitions at their face value and it would be unfair to betray the circumstances when concurrent findings of
confidence of the Court by making statements which are untrue and misleading." the courts below in a criminal matter can be
reopened by the Supreme Court in an
In R.A. Rehman Munshi v. V.D. Modi, the Court observed: appeal under Article 136 of the Constitution:
(1) that the finding is based on no evidence,
"A party who approaches this Court invoking the exercise of this overriding or
discretion of the Court must come with clean hands. If there appears to be any (2) that the finding is perverse, it being such
attempt to overreach or mislead the Court by false or untrue statement or by as no reasonable person could have arrived
withholding true information, which would have a bearing on the exercise of the at even if the evidence was taken at its face
discretion, the Court would be justified in refusing to exercise the discretion or if a value, or
discretion has been exercised, in revoking the leave to appeal granted even at the (3) the finding is based and built on
hearing of the appeal" inadmissible evidence, which evidence, if
excluded from vision, would negate the
In S.M.Newade v. C.J. Bhadke, the Court held that if there was an untrue averment prosecution case or substantially discredit or
regarding material statements or a false statement on a matter of importance or a impair it, or
deliberate untrue statement regarding valuation has been made to mislead the (4) some vital piece of evidence which would
Court, then the special leave grant can be revoked. In the particular facts of this tilt the balance in favour of the convict has
case, however, the Court held that the mistake was not deliberate as the special been overlooked, disregarded wrongly
leave petition was drafted on the basis of the valuation given in the judgment of thediscarded."
High Court itself, which was corrected long afterwards.
The Court will not interfere unless the
The Court has held that were the petitioner's senior counsel before the High Court, findings are vitiated by errors of law or the
made certain concessions and further did not press the grounds in the application, conclusions reached by the Courts below are
the filing of the special leave petition without disclosure of the fact would amount so patently opposed to well-established
to suppression of facts and would disentitle the Petitioner from receiving relief principles as to amount to a miscarriage of
under Article 136 of the Constitution. justice. The Court will interfere in a case
where it finds that the appellate Court has
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not at all applied its judicial mind to the
appreciation of the evidence and grave
File Special Leave Petition! File Caveat in Supreme Court injustice has resulted therefrom. Where the
Call us at: 9650499965 / Email at: Right Away Court is satisfied that the findings are
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of fact.
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Bombay, it was held that:
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facts, i.e. the accused had undergone a major part
of the sentence of one year's imprisonment
imposed on him by the trial court till he was
acquitted by the High Court in appeal and he also
remained in imprisonment for some months till the
decision of. the Supreme Court on account of his
failure to furnish bail. The Supreme Court
interfered with the sentence by reducing it to the
period already undergone.
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the Arbitration Act. Before it can justly do so, the
appellant must satisfy the Court, on the relevant
facts referred to by the Courts below, that the
exercise of discretion was in a manifestly
unreasonable or perverse way, which was likely to
defeat the ends of justice.
The Court has also held that the award of the costs
and special costs are within the jurisdiction of the
trial court and unless weighty reasons exist, the
Supreme Court would not unsettle the costs
awarded by the trial court or the High court.
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10/27/2020 Special Leave Petition - How to File SLP - Article 136
the time of entering into the contract and
consequently it had incurred and continued to incur
considerable loss. The Indian firm filed a suit
praying that the Bank of India as well as the
Russian firm should be restrained from taking any
further steps in pursuance of the letter of credit
opened by the Indian firm Temporary injunctions
were asked for. The trial court granted the
temporary injunction. On appeal to the Supreme
Court, it was held:
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10/27/2020 Special Leave Petition - How to File SLP - Article 136
employees are workmen or supervisors under the
Industrial Disputes Act, is a mixed question of fact
and law and it was open to the appellant to urge
his contention against the correctness of the
finding of the Tribunal on such a mixed question of
fact and law.
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Puneshwar Durge
िवशेष अनुमती यािचकेवर पु ा review टाकता येतो काय
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