End-to-end certification and regulatory compliance for Indian and global markets.
Some items must be certified before they get released mysteriously made for select goods like cables, switches, cement, gas cylinders, etc.
It ensures electronic products conform to Indian Standards (IS).Covers 70+ products including laptops, phones, adapters, TVs, and batteries.
Hallmarking Certification is mandatory in India for gold and silver jewellery.The BIS 916 Hallmark confirms 22K gold purity.Silver Hallmarking is compulsory for certain grades like BIS 925.
FMCS Mark Certification is a BIS-led approval process that enables foreign manufacturers to sell regulated products in the Indian market.
End-to-end certification and regulatory compliance for Indian and global markets.
End-to-end certification and regulatory compliance for Indian and global markets.
A Special Leave Petition is said to be the premier constitutional remedy available to Indian citizens who seek relief from the Supreme Court of India. As per Article 136 of the Indian Constitution, this extraordinary legal provision is the ultimate option after all other judicial meetings stand exhausted.
The arrangement, SLP, speaks of the wisdom of the framers of the Indian Constitution when they would have felt that in rare instances, ern appellate structures may not cure genuine grievances or may otherwise bring about a miscarriage of justice. Exercising its discretion under Article 136 of the Indian Constitution, the Supreme Court of India would interfere where substantial questions of law are involved or where gross injustice requires to be set right.
Article 136 grants the Supreme Court of India a special jurisdiction to entertain appeals against any judgment, decree, determination, sentence, or order passed by any court or tribunal in the territory of India. The provision states as follows:
Some of the major considerations of Article 136 include:
Reasons to File an SLP
Before the petitioners start the process for filing Special Leave Petition, they need to consider:
Filing SLP in the Supreme Court of India requires careful attention to detail and compliance with specific requirements and timelines.
Before filing SLP, it is necessary to conduct a complete assessment of the case:
The SLP must be drafted by an Advocate-on-Record (AOR) authorized with the Supreme Court of India. The essential parts of drafting SLP:
A precise statement of facts, to be organized in chronological order, and should be easy to follow.
When filing SLP, it will require a thorough process to gather the documentation to support the SLP. The specific documents include:
1. A certified copy of the judgment/order under challenge.
2. A properly drafted Special Leave Petition.
3. An affidavit of verification of contents of the SLP.
4. A vakalatnama authorizing the AOR to act.
5. A receipt evidencing the payment of the court fees.
6. All relevant annexures and exhibits.
The process for filing the SLP involves registry review:
It is imperative to know about limitation periods in order to file SLP properly:
Standard Limitation Periods
The Supreme Court of India may condone delay in filing SLP, if:
The Special Leave Petition process has its distinct advantages:
Judicial Benefits
Procedural Flexibility
Filing an SLP, while advantageous, also has its own particular drawbacks:
High Rejection Rates
Statistics suggest that over 90% of SLPs are rejected at the admission stage, thus careful selection of the case and expertise in drafting is paramount.
Technical Complexities
The SLP filing process involves rules and requirements which are complicated and require a specialized knowledge of Supreme Court practice.
Extensively Resource Intensive
Filing an SLP requires a significant monetary commitment in the form of court fees, advocate’s fees, and other fees.
Time Constraints
In SLP, adherence to limitation periods and procedural timelines is strictly applied.
Professional Representation
Thorough Case Preparation
Timely Filing
Recent Developments and Trends
The Supreme Court of India is constantly evolving SLP processes through practice directions and rule amendments. Recent trends include:
The Special Leave Petition under Article 136 of the Indian Constitution is more than a legal process; it is the constitutional guarantee of accessible justice. Via SLP process, the Supreme Court of India continues to function as a guardian of constitutional values and legal principle.
While careful consideration must be given to a number of factors prior to filing an SLP, including legal merits of the case, procedural requirements, and timeliness, the SLP is an invaluable avenue to address judicial error and protect against a bona fide grievance going unaddressed.
The process to commence filing an SLP may present some hurdles, yet it is one avenue for genuine legal injustices to reach the highest court in the country. Success in a SLP proceeding depends heavily on solid legal representation, proper preparation, and presentation of solid grounds for relief.
Those individuals and entities considering the extraordinary remedy should continue to have professional consultation with experienced practitioners to assist with undertaking the complexities associated with Article 136 and maximize prospects for relief.
A Special Leave Petition (SLP) is a select legal recourse under Article 136 of Indian Constitution which allows a person to appeal to Supreme Court against any decision made by any Court or Tribunal.
Only an Advocate -On-Record (AOR) registered with the Supreme Court can file SLP.
An SLP is filed when important questions of law were dealt with, miscarriage of justice occurred, the issue is of constitutional importance, or when serious procedural errors occurred in the order of the lower courts.
No, it is a matter of discretion. The SLP will either be accepted or rejected based on merits and existing law.
The limitation period is 90 days from the date of the High Court judgment and 60 days from the date of refusal of a certificate of fitness, and 30 days in some specific situations.
Documents required are the certified copy of the decision, the drafted SLP, affidavit of verification, vakalatnama, receipt for the payment of court fees, and cooperating annexures.
The procedure for filing an SLP includes evaluating the case, drafting by the AOR, compiling documents, filing with registry, and waiting for the Court.
Yes, he/she can agree to a delay in the filing of an SLP, if sufficient cause is established, no prejudice is caused to the opposite party, and there is a substantial question of law or public interest at issue.
High levels of rejection, technicalities, timetable limitations, and high costs/fees associated with the courts and/or legal representation.
Obtaining the services of an experienced AOR, plenty of preparation, and a timely and completely certified and compliant document for filing in the Supreme Court of Canada.