Supreme Court of India is the final court in India exercising original and Appeal powers. As per the Supreme Court Rules a case can be filed in the Supreme Court of India only through a qualified Advocate on Record. Two of the Senior Partners of the Firm are Advocates on Record with more than 20 years of practice experience and hence the firm ensures the best services with regard to Supreme Court Practice.
Supreme Court has both original and appellate Jurisdiction. The appellate Jurisdiction of the Supreme Court of India is governed by the Constitution of India Article 136. This Article empowers the Supreme Court to grant leave to appeal against all types of orders passed by the various High Courts of India including the cases relating to contracts, intellectual property, property, succession, transfer of property, labour, service, land acquisition, wills and probate, arbitration, matrimonial etc., Any order passed by the High Court either in a Civil matter or Writ Petition can be challenged in the Supreme Court of India by filing a Special Leave Petition. Once appeal is filed and numbered normally matters are heard for admission within 15 days from the date of numbering. The above said petition should be filed with 60 days from the date of passing of the order by the High Court. If the Supreme Court finds sufficient reasons for filing with a delay, then it is empowered to condone the delay and admit the appeal. If the Court decides to hear the case then it will issue notice to all the parties and list it for a final disposal. If the case requires more time, then the Court posts the matter for final hearing on a non miscellaneous day. Short matters are disposed off in the 2nd or third hearings on the miscellaneous day. The Court normally entertains the petitions which are filed challenging the Final judgments only, but in some cases SLPs are entertained even against the interim orders. The Law Firm is having expert civil matter lawyers who have handled thousands of Civil matters in the Supreme Court of India.
Under Article 32 of the Constitution of India any person can file a Writ Petition in the Supreme Court of India seeking to protect his/her fundamental rights, guaranteed by the Constitution of India. Any person can directly approach the Supreme Court of India only in the above mentioned situation. Otherwise, in cases where their statutory rights or natural justice rights are violated by the State or any organization which can be termed as State, High Court can be approached by a Writ Petition under 226 of the Constitution of India. Many public interest litigations are filed by individuals and organizations seeking to protect the fundamental rights of the public. But a Writ Petition cannot be filed against Private Companies or private organizations or individuals. There is a Special Bench formed by the Supreme Court of India to hear Forest and Environment related Writ Petitions and related matters only. The Firm and its partners have conducted and argued many Writ Petitions in the Supreme Court of India which have become land mark cases in India.
Section 261 of the Income-Tax Act, 1961 provides for an appeal to the Supreme Court from any judgment of the High Court (delivered on a reference made under Section 256 against an order made under Section 254 before 1st October, 1998 or on appeal made to the High Court in respect of an order passed under section 254 on or after that date), in any case which the High Court certifies to be a fit one for appeal to the Supreme Court. Once an appeal is filed and numbered normally matters are heard for admission within 15 days from the date of numbering of the Appeal. The period of limitation for an Appeal under Section 261 would be as per Article 132 of the Limitation Act which prescribes a period of 60 days from the date of the order. In all other types of cases, orders of the High Court can be challenged by way of a Special Leave Petition under Article 136. Once an Appeal or the Special Leave Petition is filed and numbered, normally matters are heard for admission within 15 days from the date of numbering. The above said petition should be filed with 60 days from the date of passing of the order by the High Court. If the Supreme Court finds sufficient reasons for filing with a delay, then it is empowered to condone the delay and admit the appeal. If the Court decides to hear the case then it will issue notice to all the parties and list it for a final disposal. If the case requires more time, then the Court posts the matter for final hearing on a non-miscellaneous day. Short matters are decided finally in the 2nd or third hearing even on a miscellaneous day. The Court normally entertains the petitions which are filed challenging the Final judgments only, but in some cases SLPs are entertained even against the interim orders. The Law Firm is having famous advocates who all have strong experience in handling Income-tax appeals and Special Leave Petitions in the Supreme Court of India.
Article 136 of the Constitution of India, empowers the Supreme Court of India to grant leave to appeal against all types of orders passed by the various High Courts of India including the cases relating to sales tax, entry tax and other tax statutes of any State or Centre of India etc. Once appeal is filed and numbered, normally matters are heard for admission within 15 days from the date of numbering of that case. The above said petition should be filed with 60 days from the date of passing of the order by the High Court. If the Supreme Court finds sufficient reasons for filing with a delay, then it is empowered to condone the delay and admit the appeal. If the Court decides to hear the case then it will issue notice to all the parties and list it for a final disposal. If the case requires more time, because of the time expected to be consumed in disposing the matter, the Court may post the matter for final hearing on a non miscellaneous day. Short and less complex matters are disposed off in the 2nd or third hearings on the miscellaneous day. The Court normally entertains the petitions which are filed challenging the Final judgments only, but in some cases SLPs are entertained even against the interim orders. The Firm has top lawyers for sales tax matters in the Supreme Court of India who all have handled thousand of cases.
Section 35(G) of the Central Excise & Salt Act, 1944 provides that an order passed by CESTAT Bench can be challenged in the High Court if any substantial question of law is involved and further if such order is not an order relating, among other things, to the determination of any question having a relation to the rate of duty of excise or to the value of goods for the purposes of the assessment. But if the impugned order not an order having a question of law then an Appeal can be directly filed in the Supreme Court of India under Sec.35L of the above said Act. Once an Excise appeal is filed and numbered normally matters are heard for admission within 15 days from the date of numbering of the Appeal. In addition to that all the orders passed in the appeals filed in the High Court under Sec.35(G) or 35H of the Central Excise Act or any order passed by Appellate Tribunal in relation to the determination of any question having a relation to the rate of duty of Excise or to the value of goods for the purposes of assessment, can be challenged in the Supreme Court of India by way of a Special Leave Petition. The period of limitation for an Appeal under Section 35(L)(a) would be as per Article 132 of the Limitation Act which prescribes a period of 60 days from the date of the order. All other types of cases which were challenged in a High Court, Special Leave Petition under Article 136 will lie against the High Court Judgement. Once an Appeal or the Special Leave Petition is filed and numbered normally matters are heard for admission within 15 days from the date of numbering. The above said petition should be filed with 60 days from the date of passing of the order by the High Court. If the Supreme Court finds sufficient reasons for filing with a delay, then it is empowered to condone the delay and admit the appeal. If the Court decides to hear the case then it will issue notice to all the parties and list it for a final disposal. If the case requires more time, then the Court posts the matter for final hearing on a non-miscellaneous day. Short matters are decided finally in the 2nd or third hearing even on a miscellaneous day. The Court normally entertains the petitions which are filed challenging the Final judgments only, but in some cases SLPs are entertained even against the interim orders. The Law Firm is having strongly experienced Central Excise lawyers who all easily handle Appeals and SLP in the Supreme Court of India.
Contract related cases in the Supreme Court of India arise out of an order of a Bench of a High Court. There appeals are not statutory appeals and covered by Indian Contract Act, hence the only remedy available is under Article 136 of the Constitution of India. They are again civil Special Leave Petitions and hence necessary to raise questions of law. The limitation to file Special Leave Petitions in contract related matters is 90 days from the date of the order of the High Court. But if the Supreme Court finds sufficient reasons for the delay in filing the Special Leave Petition, it has the powers to condone the delay. Once the Petition is filed and numbered normally matters are heard for admission within 15 days from the date of numbering of the Special Leave Petition. If the Supreme Court decides to hear the case, then it issues notice to all the parties in the case and list it for a final disposal. If the case is a long matter with complex questions of fact and law which requires more time, then the Court posts the matter for final hearing on a non miscellaneous day. Short matters which require lesser time for arriving at a decision are disposed off in the 2nd or third hearings, even on a miscellaneous day. The Supreme Court normally entertains the petitions which are filed challenging the Final orders only, but in some cases SLPs are entertained by the Court even against the interim orders. The Legal Firm and its lawyers have handled many contract related matters in the Supreme Court of India.
Hence, in arbitration related appeals, against the High Court orders, a Special Leave Petition Civil can be filed in the Supreme Court of India. Once a SLP is filed and numbered normally matters are heard for admission within 15 days, from the date of numbering. The above said petition should be filed with 60 days from the date of passing of the order by the High Court. If the Supreme Court finds sufficient reasons for filing with a delay, then it is empowered to condone the delay and admit the appeal. If the Supreme Court decides to hear the case then it will issue notice to all the parties and list it for a final disposal. If the case requires more time, then the Court may post the matter for final hearing on a non miscellaneous day. Short matters are disposed off in the 2nd or third hearings on the miscellaneous day. The Court normally entertains the Special Leave petitions which are filed challenging the Final judgments only, but in some cases SLPs are entertained even against the interim orders. The Law Firm and its lawyers have handled thousands of arbitration appeals in the Supreme Court of India.
Supreme Court of India can transfer a civil or criminal case pending in a Court in a particular State to another State, in the interest of Justice. Some parties file a Civil case in a court situated in a place which does not have the jurisdiction or to create a difficulty to the opposite party from attending the court. For example a husband filing a case in Mumbai seeking divorce against a wife living in Odisha, whereas both of them got married and lived in a different place. Such a case will surely put the wife in difficulty to attend the case in every hearing. Finally the case may be allowed Exparte. In such a case if the wife files a transfer Petition in the Supreme Court of India, seeking to transfer the case pending in Mumbai court to a Court in Odisha, the Supreme Court after taking into consideration of all the factual details may transfer the case to Orissa. In the same way, if both the parties sign an Arbitration agreement in which a particular place is specified as the place having Jurisdiction and if one of the parties files a case in another court situated in a place of another State which is not specified in the contract, then the Supreme Court can transfer the case from that State to the Court specified in the contract. The Firm and its lawyers have strong experience in handling various types of transfer petitions from one state to other.
The limitation to file Special Leave Petitions in contract related matters is 90 days from the date of the order of the High Court. But if the Supreme Court finds sufficient reasons for the delay in filing the Special Leave Petition, it has the powers to condone the delay. Once the Petition is filed and numbered normally matters are heard for admission within 15 days from the date of numbering of the Special Leave Petition. If the Supreme Court decides to hear the case, then it issues notice to all the parties in the case and list it for a final disposal. If the case is a long matter with complex questions of fact and law which requires more time, then the Court posts the matter for final hearing on a non miscellaneous day. Short matters which require lesser time for arriving at a decision are disposed off in the second or third hearings, even on a miscellaneous day. The Supreme Court normally entertains the petitions which are filed challenging the Final orders only, but in some cases SLPs are entertained by the Court even against the interim orders. The Firm and its lawyers have handled many Consumer cases in various Consumer Forums and in the Supreme Court of India.
The appellate Jurisdiction of the Supreme Court of India is governed by the article 136 of the Constitution of India. This Article empowers the Supreme Court to grant leave to appeal against all types of orders passed by the various High Courts of India including the cases relating to criminal Appeals, Criminal Revision Petitions etc., Any order passed by the High Court in a Criminal matter can be challenged in the Supreme Court of India by filing a Special Leave Petition. Once appeal is filed and numbered normally matters are heard for admission within 2 weeks from the date of numbering of the Special Leave Petition. The above said petition must be filed with 60 days from the date of passing of the order by the High Court. If the Supreme Court finds sufficient reasons for filing with a delay, then it is empowered to condone the delay and admit the Special Leave Petition. If the Court decides to hear the case then it shall issue notice to all the parties and list the case for final disposal. If the Court is of the opinion that the case may take more time, then the Court may post the matter for final hearing on a non-miscellaneous day. Short matters are disposed off in the 2nd or 3rd hearing even on a miscellaneous day. The Apex Court normally entertains the petitions which are filed challenging the Final judgments only, but in some cases SLPs are entertained even against the interim orders. The Firm and its lawyers have handled thousands of Criminal SLPs in the Supreme Court of India.
Labour cases have to be filed in the Supreme Court of India as Special Leave Petitions challenging the High Court orders. Same way, after the order of the tribunal the aggrieved party has to go to the High Court under Article 227 of the Constitution of India. The final orders of the High Court either upholding or reversing the orders of the CAT can be challenged in the Supreme Court again under Article 136 of the Constitution of India by way of a Civil SLP. Once a Civil SLP with a prayer for an interim order is filed and numbered normally matters are heard for admission within 15 days from the date of numbering. The above said petition should be filed with 60 days from the date of passing of the order by the High Court. If the Court finds sufficient reasons for the delay in filing, then it is empowered to condone the delay and admit the appeal. If the Court decides to hear the case then it will issue notice to all the parties and list it for a final disposal. If the case requires more time, then the Court posts the matter for final hearing on a non miscellaneous day. Short matters are disposed off by the Apex Court in the 2nd or third hearings on the miscellaneous day. The Apex Court normally entertains the petitions which are filed challenging the Final judgments only, but in some cases SLPs are entertained even against the interim orders. The Firm and its lawyers have handled many labour and service appeals in the Supreme Court of India.
If the High Court order is in favour of one party, the other party may approach Supreme Court and at the time of admission might get some interim orders. Only after the first hearing if the case is admitted, the notice goes to the other party. But if the party wishes to have a notice about the first hearing itself then it requires to file a caveat in the registry of the Supreme Court of India. In such a case, if any appeal is filed in that matter, the advocate on record who filed the Caveat will be informed by the Registry about the first hearing date also. In that hearing, the party who filed the Caveat can also be represented in the Court. The validity of the caveat is 90 days and hence the caveat needs to be renewed time and again.
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