Petition for Special Leave to Appeal before Supreme Court
1.(a) The petition for special leave to appeal invoking the extra-ordinary appellate jurisdiction under Article 136 of the Constitution read with Order XXI of the Rules shall be filed in Form No. 28. No separate application for interim relief need be filed and interim prayer, if any, be incorporated in the Form.
(b) The petition shall be accompanied by
(i) a certified copy of the judgment or order appealed from; and
(ii) an affidavit in support of the statement of facts contained in the petition.
(c) It shall be accompanied by list of dates in chronological order with relevant material facts or events pertaining to each of the dates.
(d) It shall be confined only to the pleadings before the Court/Tribunal whose order is challenged. Additional grounds may, however, be urged with due notice to the respondent and with leave of the Court.
(e) (i) Copies of such petition/documents, which were part of the record
in the case before the Court/Tribunal below, as may be necessary to
answer the question of law arising for consideration in the petition
or to make out the grounds urged in the petition, may be produced
as annexures to the petition. The documents filed as annexures
shall be arranged in chronological order and numbered as Annexure
1, 2, 3 and so on and shall indicate page numbers. They shall be
indexed separately and not collectively.
(ii) The petitioner may produce any document not part of the
records in the Court/Tribunal below by making a separate
application seeking leave of the Court to produce additional
document stating the reasons for not producing it in the
Court/Tribunal below and the necessity for its production in the
Court.
(iii) The English version of the relevant provisions of the Constitution, statutes, ordinances, rules, regulations, bye laws, orders, etc., referred to in the impugned judgment or order, shall be filed as appendix to the petition.
(f) Every petition shall be supported by the affidavit of the petitioners or one of the petitioners, as the case may be, or by any person authorized by the petitioner in which the deponent shall state that the facts stated in the petition are true and the statement of dates and facts furnished along with the petition are true to his knowledge and/or information and belief.
- No petition shall be entertained by the Registry unless it contains a statement as to whether the petitioner had filed any petition for special leave to appeal against the impugned judgment or order earlier and, if so, with what result, duly supported by an affidavit of the petitioner or his pairokar only
- The petition shall contain a statement as to whether the matter was
contested in the Court appealed from and if so, the full name and
address of all the contesting parties shall be given in the statement
of facts in the petition. - It shall contain a statement as to whether a letters patent appeal or
writ appeal lies against the impugned judgment or order and
whether the said remedy has been availed. -
No annexures to the petition shall be accepted unless they are
certified copies of documents which have formed part of the record
of the case in the Court appealed from:
Provided that uncertified copies of documents may be
accepted as annexures, if such copies are affirmed to be true copies
upon affidavit. -
Where any person is sought to be impleaded in the petition as the
legal representative of any party to the proceedings in the Court
below, the petition shall contain a prayer for bringing on record
such person as the legal representative and shall be supported by an
affidavit setting out the facts showing him to be the proper person
to be entered on the record as such legal representative. -
Where at any time between the filing of the petition and the hearing
thereof, the record becomes defective by reason of the death or
change of status of a party to the appeal or for any other reason, an
application shall be made to the Court stating who is the proper
person to be substituted or entered on the record in place of or in
addition to the party on record. -
The petition shall state the amount or value of the subject-matter in the same terms as stated in clause 3 of the civil appeal hereinbefore.
-
In cases relating to Motor Vehicles Act, 1988, the following particulars shall be furnished:
(i) Particulars of the Award:
(a) Case number: .……………….
(b) Date of the Award: .…………
(c) Award passed under Section 163-A/166 of the Motor
Vehicles Act, 1988:
(d) Name of the Member: .……………..
(e) Designation and place of sitting of the Tribunal: .….
(ii) Particulars of the Accident:
(a) Time and date : .….……………
(b) Place : .……………….. ……
Near Village/Locality : .…………
Tehsil and District : .…………….
(iii) Particulars of the offending vehicle:
1. Registration No. ………………….
2. Kind of Vehicle .………………….
3. Owned by. ….…………..(Appellant/Respondent No.)
4. Driven by………………..(Appellant/Respondent No.)
5. Insured with ….………. (Appellant/Respondent No.)
(iv) Name and description of the injured/deceased person:
1. Name ………………………………………
2. Age.………………………………………..
3. Father’s/husband’s name .…………………
4. Occupation ..…………………………..….
5. Address ……………………………………
(v) (1) In fatal accident cases:
(a) Annual income of the deceased: Rs………….….
(As adjudged by the Tribunal)
(b) Annual dependency of the claimant Rs……….…
(As assessed by the Tribunal)
(c) Multiplier applied by the Tribunal ……………….
(d) Number of dependants and their
relationship with deceased ……………………….
(e) Amount of compensation Rs………………… awarded by Tribunal
(f) Payable by ………………………………….
(2) In non-fatal accident cases :
(a) Nature of injuries suffered ……………………
with percentage of disability
(As adjudged by Tribunal)
(b) Amount of expenses on treatment Rs………… awarded by the Tribunal
(c) Amount of damages as loss of Rs……………
Income, awarded by Tribunal
(d) Amount of general damages Rs………………
awarded by Tribunal
(e) Total compensation awarded Rs………………
(f) Payable by…………………
(3) In cases of damage to property:
(a) Particulars of Property………………………..
(b) Nature of damage to the Property…………….
(As adjudged by Tribunal)
(c) Total compensation awarded …………………
(d) Payable by …………………………………..
(vi) Details of Interest awarded by the Tribunal:
(1) Date from which interest is awarded………………….
(2) Rate at which interest has been awarded………….…%
(vii) (1) Total amount of compensation awarded by High
Court.
(2) Date from which interest awarded…………………….
(3) Rate at which interest has been awarded….…………%
(4) Multiplier applied by the High Court……………….
(5) Gross total………………….
(6) Amount, if any, already paid to the claimant(s) ………..
(viii) Relief Claimed in appeal:
(1) Enhancement/Reduction of amount of compensation by Rs.……………….
(2) Exoneration/liability of insurer ……………………….
(3) Award of interest at the rate of……………………%
(4) Any other relief