Time limit to file slp supreme court

Delays, if any, on the part of counsels and CAS etc. The Special Leave Petition against the judgment of High Court has to be filed in Supreme Court within 90 days of date of pronouncement of the order. The timeline for various stages of the process is given below:. Time-Line to be observed in the office of the CIT:. Revised Proforma for submission of proposal to file SLP.

Your email address will not be published. Post Comment. Notice: It seems you have Javascript disabled in your Browser. In order to submit a comment to this post, please write this code along with your comment: 58ebd00ae9a6c1b66ac8cb. User Menu. SLP filed by the assessee 6. Quality of SLP Proposals 9. Monitoring Compliance of this Instruction Where vetting of draft SLP took more than 15 days iii. The timeline for various stages of the process is given below: I.

Date of pronouncement of the Judgment. Making application for certified copy of the judgment by the standing counsel. Obtaining copy of the judgment from web site. Scrutiny of the judgment by the CIT to take a view to contest or accept the same. IT unit of CAS opening of file. Transit to drafting counsel. Transit to the Directorate. ITA No. Name of the assessee. Address of the assessee. Assessment Year s involved. However, when Supreme Court dismisses an SLP with reason, it might be taken as the affirmation of the High Court views on merits of the case, thus there is no reason to dilute the binding nature of precedents in such cases.

Pamwi Tissues Ltd. Vinay Cement Ltd. Illyas, 1 S. A finding of material facts, direct and inferential. An inferential finding of fact is the inference which the Judge draws from the direct or perceptible facts; ii statements of the principles of law applicable to the legal problems disclosed by the facts; and iii Judgment based on the individual effect of the above.

A writ proceeding is a wholly different and distinct proceeding. Questions which can be said to have been decided by this Court expressly, implicitly or even constructively while dismissing the special leave petition cannot, of course, be reopened in a subsequent writ proceeding before the High Court.

But neither on the principle of res judicata nor on any principle of public policy analogous thereto, would the order of this Court dismissing the special leave petition operate to bar the trial of identical issues in a separate proceeding, namely, the writ proceeding before the High Court merely on the basis of an uncertain assumption that the issues must have been decided by this Court at least by implication.

The controversy is not free from doubt. SB the assessee had filed a Miscellaneous Application against the decision of the Special Bench alleging certain mistake in the decision. Bench was not sustainable. In view of the above the Tribunal held that as the Special Bench decision was merged with the order of High Court there was no question of rectification.

Desai Brothers Ltd. Godavari Sugar Mills Ltd. A person aggrieved by any order or judgement of High Court or of Tribunal, may appeal to the Supreme Court by filing special leave petition notwithstanding the provisions for regular appeals. The power of the Supreme Court to grant special leave to appeal from the decision of any Court or Tribunal save military tribunals, is not subject to any constitutional limitation, and is left entirely to the discretion of the Supreme Court.

Under Article of the Constitution of India the Supreme Court shall have the power to grant special leave to appeal —. Special Leave can be granted from orders of any Court or Tribunal even where there is an appeal to the High Court. The jurisdiction conferred by the Supreme Court is a plenary jurisdiction in the matter of entertaining and hearing appeals by granting special leave against any kind of the judgment or order made by the Court or Tribunal in any case or matter and the jurisdiction can be exercised inspite of other specific provision for appeal contained in the Constitution or other laws.

Any legislation, subordinate to the Constitution, cannot whittle down, the jurisdiction of the Supreme Court under Article or of the Constitutional courts in this country as observed by the Supreme Court in case of Mahendra Saree Emporium II vs. Srinivasa Murthy 1 SCC Conclusiveness or finality given by a statute to any decision of a Court or Tribunal cannot deter the Supreme Court from exercising this jurisdiction.

Article of the Constitution of India defines the appellate jurisdiction of the Supreme Court. Article provides for civil appeals from orders of the High Court, Article provides for criminal appeals and Article provides for special leave petition. If a case does not fall within Article or Article then under.

Article the Supreme Court may be moved and a special permission may sought to grant leave to appeal. Appeal to Supreme Court is not a matter of right but it is matter of privilege which only the Supreme Court will grant to any individual if there exists an important constitutional or legal issue involved. According to Article of the Indian Constitution, the Supreme Court's judgement is declared as law of the land and is binding on all courts in India.

What is so special about article that distinguishes it from the general appeals listed in are as follows. First, it is not just restricted to appeals against judgments, decrees and final orders of the High court but it can also be granted against the judgments of lower courts. The second thing to note is that article is fluid and flexible compared to articles which deals with appeals.

What is basically meant is that the judgments, decrees or orders do not have to be final in nature and appeals are allowed even against interlocutory and interim judgments and they may be from cases or matters of either criminal or civil nature or otherwise. However, in the normal course, it is generally expected that the appellant has exhausted all other recourses the law provides.

Moreover, there may not be any law which limits the jurisdiction of the Supreme Court when it comes to article By virtue of this article, we can grant special leave in cases of civil, criminal, Income tax related cases, cases from various tribunals and any variety of other cases. Ordinarily, a private party other than the complainant should not be permitted to appeal. In the case of Kunhayammed v State of Kerala, AIR SC , the discussion was about the exercise of the jurisdiction under article and if it consisted of granting of the SLP and subsequently hearing the appeal.

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. However, mere dismissal of the SLP petition does not mean that there is res judicata, it merely means that the case was not fit for the grant of SLP and it is open to the aggrieved party to approach the concerned court for review under article More ».

You can also submit your article by sending to email. Let us grow stronger by mutual exchange of knowledge. Home Articles Civil Law. Share on Facebook. Share on Twitter. Share on LinkedIn. Share on Email. Share More. Kapil Chandna , 03 September Share Bookmark. What is meant by a special leave petition? Thus it is not an appeal but a petition filed for an appeal.