1.Hello Sir, What is the importance and Supreme Court and its history?
Hello Madam, First Supreme Court bench was established in Calcutta in 1774 by the then British Government.
Later on Honble Supreme Court of India was established under Article 124 on 26 January 1950 in New Delhi
2.How to approach the Supreme Court and who can approach and under what circumstances?
Answer : Any citizen of our country can move Honble Supreme Court if and only their fundamental rights are violated by way of filing a Writ Petition under Article 32 but Supreme court will suggest to go to High Court first or we need to satisfy why we have come directly to supreme court and this cannot be filed for violation of constitutional rights.
Any person who is aggrieved by the order or judgement or decree or sentence of any court or tribunal in the territory of india by way of filing an SLP (Special Leave Petition) except Armed Forces tribunals under Article 136 but this is not the right of Petitioners but only discretion of the Honble Supreme Court to grant leave to appeal.
1.Special Leave Petition(Civil or Criminal) under 136
2.Writ Petition under Article 32
3.Contempt Petition under Article 129
For violation of its judgments or orders which are binding in the entre country under article 141 ,142,144 on civil and judicial authorities and every person.
4.Transfer petition for inter state transfer of cases.under Article 139A
Supreme court can some times seize in the matters pending in various high courts and transfer them to itself Suo Motu
5.Civil or Criminal Appeals under article (Article 132 to 134A) If high court grants certificate of fitness to appeal in SC
3.What kind of petitions are being filed in Supreme Court and what are the chances of winning?
1.SLP (Civil or Criminal)
Is filed in supreme court under article 136
It is not a right of the petitioner but only the discretion of the Honble Supreme Court to admit or dismiss chances of admission are only 1 in 1000
1.Substantial Question of Law
2.Gross Miscarriage of Justice
3.Error Apparent on face of record
High Court needs Grounds(Legal) but Supreme Court needs only question of law
Supreme Court rarely interferes with the High Court Orders.
There are 25 High Courts in India and every day thousands of cases are dismissed and if they all come for appeal in Supreme court ,there are only 15 courts and 30 Judges and out of them 5 Judges sit in constitutional benches
So supreme court has very very less time and they use it for serious and grave matters of national importance.
4. What is constitutional bench ? and any good judgements of constitution bench?
If 5 judges or more sit it is called as Constitution Bench
In 1973 , 13 judges have delivered land mark judgment called Keshavanand bharti vs state of kerla judgement on basic structure doctrine
5. What to do if SLP is dismissed ?
1.Review Petition can be filed before same bench under Article 137
2. Curative Petition can be filed under Article 137 before Honble CJI and two other senior judges bench will hear the petition.
6. What is the filing process for SLP and its limitation?
Firstly we need an Advocate on Record only who is authorised to file the matter and an Authorised Clerk and an Arguing Advocate to argue the matter before the Supreme court
An SLP can be filed with in 90 days from the date of issuing of the Order or judgement if High Court do not issue a Certificate of Fitness and withi 60days if High Court issues certificate of fitness to appeal
7.Can u do matters before high courts and trial courts?
Yes I do appear in High courts and also trial courts and tribunals like NCLT/DRT/CAT etc on demand of clients.
8. What is the cost of SLP filing in Supreme court ?
Minimum 5-10 Lakhs in small matters and it will run to Crores along with percentage in big matters including all miscellaneous expenditure like filing,Arguing,Appearences before the bench, Engaging Senior Designate Advocates if necessary.
9.Can u please give any examples of good judgements of Supreme court?
1.Lalitha kumari vs State of UP
Criminal cases are of two types cognizable and non cognizable
If cognizable offence is reported police is duty bound to register an FIR and if it is an offence that carries upto 7yrs punishment then as per Arnesh Kumar vs state of Bihar police has to issue a notice to accused without arrest and if the accused violates the conditions of notice arrest can be made in accordance with DK Basu vs state of West Bengal case by recording the reasons for arrest.
10.Then How to get success in Supreme court ?
First step towards success in Supreme Court is good drafting on question of law and legal grounds and not facts.
Because the Judges read every petition thoroughly or with the help of their legal assistants and they have bullet points flagged on files
Second is Short and sweet argument before the bench.
Because the Supreme court gives only few seconds and maximum 1 or 2 minutes before admission or dismissal.
11.What is special in your law firm ?
We handle complicated cases in Property disputes , Property disputes with in the family, Criminal cases, Civil disputes, Special acts, Service matters, Writs, Contempts, Quash petitions, SLPs,etc with utmost professionalism and our analytical and strategic skills.
Best practice of advocacy is all about analytical skills, How best we understand a problem and resolve it with our expertise and talent in least possible time. Sometimes only a legal notice or registering and FIR are sufficient to resolve a huge problem.
In recent times almost 50 of the client’s disputes were resolved only by a legal notice that we issued to them.
Learn more – https://youtube.com/@sridhardayallawfirms?si=THoxD64RXSyxSZcT
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