Supreme Court Appeals and SLP Filing | Advocate-on-Record India

Appeals and Special Leave Petitions (SLPs) are the primary mechanisms through which matters reach the Supreme Court of India from the High Courts, tribunals, and other judicial or quasi-judicial bodies. Article 136 of the Constitution, which confers the power to grant special leave to appeal, is the most frequently invoked provision for approaching the Supreme Court. The practice at KV Law, as an Advocate-on-Record at the Supreme Court, handles the filing and conduct of appeals and SLPs across criminal, civil, constitutional, and regulatory matters.

Special Leave Petitions Under Article 136

Article 136 of the Constitution confers on the Supreme Court a plenary, residual, and extraordinary jurisdiction to 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. The power under Article 136 is discretionary, and the Supreme Court grants leave only where it is satisfied that the case raises a substantial question of general importance, or that the order of the court below suffers from a manifest error of law, a perverse appreciation of evidence, or a gross miscarriage of justice.

The practice files SLPs in a wide range of matters, including criminal matters such as bail, conviction appeals, and quashing; civil matters including property disputes, contractual disputes, and family matters; constitutional matters involving fundamental rights; regulatory matters including SEBI and taxation; and matters arising from orders of tribunals such as the NCLT, NCLAT, the Armed Forces Tribunal, and the Central Administrative Tribunal.

SLP Filing Process and Limitation

The filing of an SLP before the Supreme Court requires compliance with the Supreme Court Rules, 2013, the Practice Directions, and the procedures prescribed for e-filing. The limitation period for filing an SLP is generally 90 days from the date of the impugned order in civil matters and 60 days in criminal matters. However, the Supreme Court has the power to condone delay in filing if sufficient cause is shown. The practice ensures that SLPs are filed within the prescribed limitation period and, where delay has occurred, prepares detailed applications for condonation of delay.

The SLP must set out the grounds on which special leave is sought, the questions of law arising in the matter, and the reasons why the Supreme Court should exercise its jurisdiction. The petition must be accompanied by certified copies of the impugned order and the relevant orders of the courts below. As an Advocate-on-Record, the practice handles all aspects of the filing process, including preparation of the petition, compilation of the paper book, and submission through the e-filing portal.

Criminal Appeals Before the Supreme Court

Criminal appeals before the Supreme Court may arise under Article 134 (appeals as of right in certain criminal matters, including cases where the High Court reverses an acquittal and sentences the accused to death, or withdraws a case from a subordinate court and convicts the accused) and under Article 136 (by way of special leave). Criminal appeals involve the re-examination of the evidence, the appreciation of facts by the courts below, the application of the law, and the appropriateness of the sentence.

The practice handles criminal appeals involving appeals against conviction and sentence, appeals against acquittal by the State, appeals against orders on bail, and appeals in matters under special statutes such as the PMLA, NDPS Act, and the Prevention of Corruption Act.

Civil Appeals

Civil appeals before the Supreme Court arise under Article 133 (where the High Court certifies that the case involves a substantial question of law of general importance) and under Article 136. The practice handles civil appeals involving property disputes, commercial and contractual disputes, arbitration matters, family and matrimonial disputes, and other civil matters where the order of the High Court or a tribunal is challenged before the Supreme Court.

Review Petitions and Curative Petitions

Where the Supreme Court has passed a final order, the aggrieved party may file a review petition under Article 137 of the Constitution and Order XLVII of the Supreme Court Rules. The grounds for review are limited and include the discovery of new evidence, an error apparent on the face of the record, or any other sufficient reason. If the review petition is dismissed, the last remedy available is a curative petition, which is maintainable only in the rarest of rare cases to prevent gross miscarriage of justice. The practice files review petitions and curative petitions in appropriate cases.

What Happens After an SLP Is Filed

After an SLP is filed and numbered, it is placed before the Court for admission hearing. At the admission stage, the Court examines whether the petition raises issues that warrant exercise of the Court’s jurisdiction under Article 136. If the Court issues notice, the respondent is required to file a counter-affidavit, and the matter proceeds to a regular hearing. If the SLP is dismissed at the admission stage, the Court may either dismiss it summarily (without detailed reasons) or after hearing the parties. The practice advises clients on the processes and timelines involved at each stage.

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