A unique class of appeals exists, and they might not adhere to the standard hierarchy of the courts and tribunals. According to Article 136 of the Indian Constitution, the Supreme Court may give special permission for an appeal against any decision or ruling rendered by any national court or tribunal in any subject or case. As the ultimate protector of the Constitution, the Supreme Court has the authority to interpret it however it sees fit.
The following are the unique qualities of Article 136 that set it apart from the general appeals specified in 132-135. First off, it can be given against the rulings of subordinate courts as well as appeals against the High Court's decrees, final orders, and judgments. The second point to consider is that, in contrast to articles 132-135, which address appeals, article 136 is more adaptable and flexible. Essentially, this means that appeals against interlocutory and interim judgments are permitted, and the judgments, decrees, or orders need not be final. They can also pertain to cases or situations that are civil or criminal.
Nonetheless, it is typically assumed that the appellant has used up all other legal options in the normal order of events. Furthermore, no legal provision may restrict the Supreme Court's authority over Article 136.
Where SLP is not maintainable
There are situations in which an SLP (Special Leave Petition) may not be admissible under Indian law. An SLP's maintainability is assessed on several legal bases, including:
Accessibility of substitute treatments: The SLP could not be maintainable if the party seeking relief has access to an alternate remedy. The SLP could not be viable, for instance, if the party has the option to file a writ petition or go before a higher court to challenge the relevant order.
Significant legal issues: If the issues are not significant enough or if there is another suitable legal forum to handle the subject, an SLP may not be maintainable.
Justice's interest: If there is no significant legal issue at stake or if the petitioner has no real stake in the case, the SLP might not be able to be maintained.
Regularity of the request: If an SLP is not filed regularly, that is, within the allotted time frame and in compliance with the recommended procedure, it might not be maintainable.
Jurisdiction: If the petitioner tries to contest a state government or local authority decision, or if the case is outside the Supreme Court's purview, the SLP might not be able to be maintained.
Appeal petitions in NCDRC: The National Consumer Disputes Redressal Commission (NCDRC) may not accept an SLP as a defense.
Case Laws:
Since there was no serious question of law involved and the petitioner had not pursued all remedies, the SLP could not be maintained. In a different instance, the Supreme Court maintained the Registry's objections over the maintainability of a writ seeking the recall of instructions given in an SLP.
The Supreme Court ruled in Reena Suresh Alhat v. State of Maharashtra & Anr. that the petitioner had not pursued all remedies and that there was no significant question of law in this case, making the SLP unmaintainable.
If the party seeking relief has access to an alternative remedy, such as going before a higher court or filing a writ petition against the relevant order, an SLP might not be admissible.
If the legal issues addressed are not significant or if there is another appropriate legal forum where the matter can be decided, an SLP may not be maintainable.
Several legal factors, including the existence of other remedies, important legal issues, and the pursuit of justice, are taken into consideration when determining whether an SLP is maintainable in India. The aforementioned instances highlight a few scenarios in which an SLP might not be sustainable. To obtain precise and detailed details regarding the upkeep of an SLP, one should consult legal experts, official court websites, or legal databases.
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