This page explains the procedure in general terms and is not legal advice. Limitation and maintainability depend on the particular order and facts.
Filing an SLP against a Telangana High Court order
Article 136 gives the Supreme Court a discretionary power to grant special leave to appeal from any judgment or order of a court in India. Leave is not a matter of right: the petition must show a substantial question of law or a grave injustice. Preparation in Hyderabad involves collecting the certified copy of the impugned order, the High Court record, and a synopsis with list of dates; filing and appearance before the Supreme Court are carried out through an Advocate-on-Record in New Delhi.
Time limit to file an SLP from the Telangana or AP High Court
Under the Supreme Court Rules, an SLP is ordinarily to be filed within 90 days from the date of the judgment or order, or within 60 days from an order refusing a certificate of fitness to appeal. The time taken to obtain a certified copy is excluded. A delayed petition must be accompanied by an application for condonation of delay explaining each period of delay.
Special Leave Petition cost in India: what it depends on
Professional fees cannot be stated in the abstract and are discussed only after the record is reviewed. The cost of an SLP depends on the volume of the record, translation of vernacular documents, court fees, the Advocate-on-Record's charges, and whether interim relief and repeated hearings are required.
Supreme Court stay on a High Court order
Interim relief, including a stay of the High Court's order, may be sought along with the SLP. The Supreme Court considers whether a prima facie case is made out and what irreversible consequences would follow if the order were implemented. A stay is discretionary and is often granted on conditions.
Frequently Asked Questions
- Is an SLP an appeal as of right?
- No. The Supreme Court first decides whether to grant leave. Many petitions are dismissed at the admission stage without a detailed hearing.
- Can an SLP be filed against an interim order of the High Court?
- It can, but the Supreme Court is ordinarily slow to interfere with interim orders and may instead request the High Court to decide the main matter.
- Does filing an SLP automatically stay the High Court order?
- No. The order remains operative unless the Supreme Court grants a specific stay.