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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting a Special Leave Petition (Criminal) Format Under Article 136 of the Constitution to Be Filed in the Supreme Court of India Against a Judgment of the High Court:
Purpose: A Special Leave Petition (Criminal) is filed in the Supreme Court of India to seek special permission to appeal against a judgment of a High Court. Here's how to draft one:
Title and Parties: Begin with a clear title indicating it's a Special Leave Petition (Criminal). Identify the petitioner (appellant) and respondent (opposite party), mentioning their names and case details.
Introduction: Provide a brief introduction to the case, including the High Court's judgment and the reasons for seeking special leave to appeal.
Grounds for Appeal: Clearly state the legal grounds on which you are challenging the High Court's judgment. Specify the errors, omissions, or legal points in dispute.
Factual Background: Summarize the essential facts of the case, highlighting those relevant to the appeal.
Legal Arguments: Present your legal arguments, citing relevant laws and precedents. Explain why the Supreme Court should grant special leave to appeal.
Prayer: Conclude with a prayer requesting the Supreme Court to grant special leave to appeal, set aside the High Court's judgment, and any other relief sought.
Common Mistakes to Avoid:
Incomplete or Inaccurate Information: Ensure that all case details, including names, dates, and judgments, are accurate and complete.
Lack of Clarity: Write the petition in a clear and organized manner, avoiding ambiguity or convoluted language.
Failure to Cite Legal Precedents: Support your arguments with relevant legal precedents and authorities.
Non-Compliance with Court Rules: Familiarize yourself with the Supreme Court's rules for filing Special Leave Petitions and adhere to them strictly.
Missed Deadlines: Be aware of the time limit for filing such petitions, and submit it in a timely manner.
A well-drafted Special Leave Petition (Criminal) is crucial for seeking the Supreme Court's permission to appeal against a High Court judgment. Seek legal advice if necessary to ensure accuracy and compliance with the court's requirements.