LI Research
First to understand the types of Petitions we must understand what a petition is and what is it used for. A petition is a legal document formally requesting a court order. Petitions, along with complaints, are considered pleadings at the onset of a lawsuit.
A person can move to Supreme Court whenever there is violation of Fundamental Rights of a person. Only a person with dignified level of experience can file a case is Supreme Court i.e. Advocate-on-Record. They are those persons who have cleared the exam conducted by Supreme Court of India on yearly basis for enrollment in Supreme Court Advocates.
Types:-
- Civil Appeals
- Writ Petitions
- Income Tax Appeals
- Arbitration Petition
- Central Exercise appeal
- Criminal Appeal
- Election Petition
- Petition for Special Leave to Appeal
- Special Reference Case
- Transferred Case
- Labor and Service Appeals
- Review Petition
- Curative Petition
- Consumer Appeals
- Civil Appeals
The Supreme Court has both original jurisdiction and appellate jurisdiction. The Supreme Court of India has appeal authority under the Constitution of India Article 136. This Article permits the Supreme Court to grant leave to appeal all types of orders given by the different high courts of India, including contractual cases, intellectual property, property, estate, transfers of property, labor, operation, the procurement of lands, testimony and evidence of properly, arbitration, marriage, etc.
If an appeal has been lodged and numbered, matters are usually heard for admission within 15 days from the date of numbering. The petition referred above should be filed within 60 days of the date of the High Court’s passing of the order. If the Supreme Court determines that the justification for filing a delay is sufficient, it is entitled to condone the delay and consider the appeal.
If the Court agrees to hear the appeal, all the parties will be informed and listed for final disposal. If the case needs more time, the Court will post the matter on a non-miscellaneous day for a final hearing. In the 2nd or third hearings on the miscellaneous day, short matters are disposed of.
- Writ Petitions
Any individual may, according to Article 32 of the Constitution of India, file a written petition with the Supreme Court of India seeking to protect his or her fundamental rights as guaranteed by the Constitution of India. Only in the above situation may any person directly approach the Supreme Court of India.
Otherwise, in situations where the State or anybody that may be called a State violates their constitutional rights or natural justice rights, a Writ Petition pursuant to 226 of the Constitution of India can be filed under the High Court. Most public interest litigation cases are brought by individuals and groups seeking to defend the public’s civil rights under this petition. It is interesting to know that Writ Petition cannot be filed against Private Companies or private organizations or individuals.
There is a Special Bench formed by the Supreme Court of India to hear Forest and Environment related Writ Petitions and related matters only. The Firm and its partners have conducted and argued many Writ Petitions in the Supreme Court of India which have become land mark cases in India.
- Income Tax Appeals
Section 261 of the Income-Tax Act of 1961 provides for an appeal before the Supreme Court against any decision of the High Court (delivered on a reference made compliance with Section 256 against an order made based on Section 254 before 1 October 1998 or on an appeal brought before the High Court according to an order made compliance with Section 254 on or after that date) in any case declared by the High Court to be a suitable one.
As soon as an appeal is lodged and counted, matters are usually heard for admission within 15 days of the date of the appeal being numbered. Pursuant to Article 132 of the Limitation Act, which prescribes a limitation period for an appeal issued under Section 261, the period of limitation for an appeal will be prescribed 60 days from the date of order when it is issued.
The orders of the High Court can be questioned in all other forms of cases by way of a Separate Leave Petition under Article 136. Upon registration and counting of an Appeal or Special Leave Petition, matters are usually heard for entry within 15 days of the date of numbering.
The petition referred to above should be submitted within 60 days of the date of the High Court’s passage of the order. If the Supreme Court determines that the justification for bringing a delay is sufficient, it is entitled to condone the delay and consider the appeal. If the Court agrees to hear the appeal, all the parties will be informed and listed for final disposition. If the case needs more time, then the Court posts the matter for final hearing on a non-miscellaneous day.
Short matters are decided finally in the 2nd or third hearing even on a miscellaneous day. The Court normally entertains the petitions which are filed challenging the Final judgments only, but in some cases SLPs are entertained even against the interim orders. The Law Firm is having famous advocates who all have strong experience in handling Income-tax appeals and Special Leave Petitions in the Supreme Court of India.
- Arbitration Petition
The parties are free to negotiate on a protocol for naming the arbitrator or arbitrators, as per the Arbitration and Conciliation Act, 1996. In certain cases, within thirty days of issuance of an appeal from one side to the other party, the parties refuse to settle on an arbitrator.
In such cases, the appointment of an arbitrator shall, at the request of either party, be made by the Chief Justice or by any individual or entity appointed by him. These appeals are made in the form of applications for arbitration.
- An Appeal shall lie from the following orders
- Granting or refusing to grant any measure under Section.9
- Setting aside or refusing to set aside an arbitral award under Section.34
- An Appeal shall also lie to a court from an order granting of the arbitral tribunal
- Accepting the plea referred in sub-section (92) or sub-section (3) of Section 16
- Granting or refusing to grant an interim measure under Section 17.
A Special Leave Petition Civil can be lodged in the Supreme Court of India in arbitration-related appeals against High Court orders. If an SLP has been filed and counted, matters will usually be heard for acceptance within 15 days of the date of counting.
The petition referred to above should be submitted within 60 days of the date of the High Court’s passage of the order. If the Supreme Court determines that the justification for bringing a delay is sufficient, it is entitled to condone the delay and consider the appeal. If the Supreme Court agrees to hear the case, all the parties will be informed and identified for final disposal.
If the case needs more time, the Court will, on a non-miscellaneous day, post the matter for the final hearing. In the 2nd or third hearings on the miscellaneous day, small matters are disposed of. Normally, the Court considers the Special Leave pleas filed only to appeal the final decisions, but in some cases the SLPs are entertained and against the temporary orders. In the Supreme Court of India, the Law Company and its attorneys handled thousands of arbitration appeals.
- Central Exercise Appeal
Section 35(G) of the Central Excise & Salt Act, 1944 provides that an order given by the CESTAT Bench can be challenged before the High Court where there is a significant question of law at issue and, moreover, if that order is not an order relating, inter alia, to the determination of any matter relating to the rate of excise duty or the valuation of the products for the purposes of the assessment.
However, if the order under appeal does not have a matter of law, then an appeal can be placed directly before the Supreme Court of India according to Section 35L of the above-mentioned Act. If an Excise appeal has been lodged and counted, matters are usually heard for entry within 15 days of the date of numbering of the appeal
In addition, in the Supreme Court of India, all the orders given in the appeals brought before the High Court pursuant to Section 35(G) or 35H of the Central Excise Act or any order issued by the Appellate Tribunal relating to the determination of any dispute relating to the rate of duty of excise or the valuation of the goods for the purposes of assessment can be questioned by way of a special leave.
In compliance with Article 132 of the Limitation Act, which prescribes a maximum of 60 days from the date of the decision, the limitation period for an appeal under Section 35(L)(a) will be the same.
The other forms of cases challenged in a Separate Leave Appeal pursuant to Article 136 of the High Court will be challenged by a High Court decision. Once an Appeal or a Special Leave Petition has been lodged and subject to counting, matters are usually heard for entry within 15 days of the date of numbering.
The petition referred to above should be submitted within 60 days of the date of the High Court’s passage of the order. If the Supreme Court determines that the justification for bringing a delay is sufficient, it is entitled to condone the delay and consider the appeal. If the Court agrees to hear the appeal, all the parties will be informed and listed for final disposition. If the condition needs more time, then the Court posts the matter for final hearing on a non-miscellaneous day.
On a miscellaneous day, brief problems are eventually decided at the 2nd or third hearing. The Court typically only considers petitions lodged to appeal the final decisions, but in some cases SLPs are entertained even against interim orders. In the Supreme Court of India, the Law Firm has highly qualified Central Excise lawyers who all handle appeals and SLP comfortably.
- Criminal Appeal
Article 136 of the Constitution of India governs the Judicial Authority of the Supreme Court of India. This Article authorizes the Supreme Court to allow leave to appeal against all forms of orders provided by the various High Courts of India, including cases relating to criminal appeals, requests for criminal review, etc.
Any order passed in a criminal matter by the High Court can be challenged by filing a Special Leave Petition in the Supreme Court of India. When an appeal has been lodged and counted, appeals are usually heard for entry within 2 weeks of the date of the special leave petition being numbered.
The petition referred to above must be submitted within 60 days of the date of the High Court’s acceptance of the order. If the Supreme Court sees reasonable justification for a delay in filing, it is allowed to condone the delay and to approve the Special Leave Petition. If the Court wishes to hear the appeal, it shall inform all parties of the case and shall mark the case for final disposition. If the Court takes the view that the case will take longer, the Court may refer the case to a final hearing on a non-miscellaneous day.
On a miscellaneous day, small matters are disposed of in the 2nd or 3rd hearing. The Supreme Court typically only upholds the pleas filed challenging the final decisions, although in some cases SLPs is upheld even against the interim orders. Thousands of criminal SLPs have been handled by the company and its attorneys at the Supreme Court of India.
- Election Petition
Election Petition is a petition under Part III of the Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952) read with Article 71 of the Constitution and Order XLVI of the Rules relating to doubts and disputes in relation to the election of a President or Vice-President.
An election petition calling any election in question could be filed on one or more of the following grounds: (a) that a returned nominee (a candidate who has been declared elected) was not eligible on the date of the election; (b) that a returned candidate or his election agent had violated some unethical practice; (c) that any candidacy was unfairly rejected; and (d) that the outcome was ma Where one of these is valid, the High Court holds the election of the returning candidate to be invalid if the petition is lodged. Any candidate or voter may file a petition within 45 days of the announcement of the outcome.
- Petition for Special Leave to Appeal
Special leave to challenge requests can either be civil or judicial. Pursuant to Article 136 of the Constitution, such pleas are based on an order of the High Court refusing to issue a certificate of fitness to appeal. In any other case, requests for special leave to appeal can also be submitted on the grounds of any decision, decree, determination, sentence or order adopted or rendered by any court or tribunal, with the exception of those relating to the armed forces.
SLP can be filled only 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.
- Transferred Case
The Supreme Court of India can, in the interest of justice, move to another State a civil or criminal case pending before a Court of Justice in a specific State. Some parties file a legal lawsuit in a court held in a position that does not have jurisdiction or in order to make it harder for the other party to enter the court.
For instance, in Mumbai, a husband filed a case seeking divorce against a wife living in Odisha, while both of them got married and lived in another city. Such a case would certainly make it impossible for the wife to attend any hearing of the case. The situation can eventually be permitted by Exported.
In such a case, if the wife files a transfer petition with the Supreme Court of India seeking to transfer the case pending before the Mumbai court to the Odisha court, the Supreme Court can transfer the case to Orissa after taking account of all the factual information.
In the same manner, the Supreme Court can move the case from that State to the Court specified in the contract if all parties sign an Arbitration Arrangement in which a certain place is specified as the place of jurisdiction and if one of the parties files a case in another court situated in a non-contractual place of another State. The firm and its attorneys have good handling skills.
- Labor and Service Appeals
Labor lawsuits have to be brought as Special Leave Pleas appealing the orders of the High Court in the Supreme Court of India. Similarly, under Article 227 of the Constitution of India, the aggrieved party shall go to the High Court following the order of the tribunal. In compliance with Article 136 of the Constitution of India, the final orders of the High Court either upholding or repealing the orders of the CAT can again be questioned by a Civil SLP in the Supreme Court. Once a Civil SLP is filed and numbered with a prayer for an interim order, matters are usually heard for entry within 15 days of the date of numbering.
The petition referred to above should be submitted within 60 days of the date of the High Court’s passage of the order. If the Court finds that the delay in filing is reasonably warranted, it shall be empowered to condone the delay and to consider the appeal. If the Court agrees to hear the appeal, all the parties will be informed and listed for final disposition. If the case needs more time, the Court will publish the matter on a non-miscellaneous day for a final hearing. In the 2nd or third hearings on the miscellaneous day, the Supreme Court shall dispose of short matters.
In the 2nd or third hearings on the miscellaneous day, the Supreme Court shall dispose of short matters. The Supreme Court typically only upholds the pleas filed challenging the final decisions, although in some cases SLPs is upheld even against the interim orders. In the Supreme Court of India, the Company and its attorneys have handled several labor and utility appeals.
- Review Petition
A binding verdict by the Supreme Court/High Court in India can be investigated in the Appeal Case. On any order of the Supreme Court, the parties aggrieved at any obvious mistake will file a petition for review. Taking into account the concept of stare decisis, a ruling is usually not disturbed by the courts without a clear argument. This test clause is an exception to the legal concept of stare decisis.
Article 137 of the Constitution states that the Supreme Court of India has the authority to review any judgment pronounced (or order issued) by it, according to the provisions of any statute or rule made pursuant to Article 145. Under the rules of the Supreme Court, such a petition must be filed in 1966 within 30 days of the date of the judgment or order. It is also recommended that the petition be circulated to the same bench of judges that delivered the judgment (or order) sought to be reviewed, without oral arguments.
- Curative Petition
The definition of Curative petition in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. was established by the Supreme Court of India. (2002) where the issue was whether, following dismissal of a review petition, an aggrieved party is entitled to any remedy against the final judgment/order of the Supreme Court. In the said case, the Supreme Court held that, in order to avoid misuse of its procedure and to cure gross miscarriage of justice, it may rethink its decisions in the exercise of its inherent powers.
The court has devised what has been referred to as a “curative” petition for this reason. In the Curative petition, the applicant is expected to state clearly that the reasons set out therein were taken up in the previously submitted summary petition and that it was refused by circulation. A senior lawyer needs to certify this.
The Curative petition is then distributed to the three most senior judges and, if available, to the judges who delivered the judgment under appeal. There is no time limit for the submission of the Curative Appeal. Under Article 137 of the Constitution of India, the Supreme Court’s powers to review its own decisions and orders are assured.
- Consumer Appeals
The Supreme Court is empowered to hear and decide two forms of appeals connected with consumer litigation.
The challenge was brought against the decision of the National Consumer Commission under Section 23 of the Consumer Rights Act 1986, thus exercising its initial authority while hearing a consumer case registered directly with the National Consumer Redress Commission. Only the National Consumer Grievances Redressal Committee – New Delhi will file consumer complaints in which the demand number is Rs.1,00,00,000 (One Crore only) or higher than the complaint.
In compliance with Article 136 of the Constitution of India, the Special Leave Petition lodged an appeal challenging the order issued by the National Commission, ordering either an appeal or a revision in which the decision of the State Commission was questioned.
The restriction on the filing of Special Leave Applications in contract matters shall be 90 days from the date of the order of the High Court of Justice. However, if the Supreme Court determines that the delay in filing the Special Leave Petition is adequately warranted, it has the discretion to condone the delay. If the petition has been filed and counted, matters will usually be heard for entry within 15 days of the date of the special leave petition being numbered.
If the Supreme Court agrees to hear the appeal, so all the parties in the case are informed and identified for final disposal. If the case is a lengthy matter of complicated issues of fact and law that take more time, so on a non-miscellaneous day, the Court posts the matter for a final hearing. In the second or third hearings, also on a miscellaneous day, short matters taking less time to make a conclusion are disposed of.
The Supreme Court usually only considers the petitions lodged appealing the final orders, but in certain cases the SLPs is also lodged by the Court against the provisional orders. In separate consumer forums and in the Supreme Court of India, the company and its attorneys have handled many consumer lawsuits.