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  • +91 9717832755
  • vikaspandey.co.in
  • Supreme Court Of India, C K Dhaptary Bhagwan Das Lane. New Delhi, Delhi -110001, India
Things To Know
  • Where is the Supreme Court of India located?

    The Supreme Court of India is located at Tilak Marg, New Delhi. Vikas Pandey & Associates maintains its chamber office directly opposite the Supreme Court gate at C.K. Daphtary Chamber on Tilak Lane.

  • What is the time limit to file an SLP in the Supreme Court?

    Generally, a Special Leave Petition must be filed within 90 days from the date of the High Court’s judgment. If the High Court refused to grant a certificate to appeal, the time limit is 60 days.

  • Can a case be transferred from one state to another?

    Yes. The Supreme Court can transfer civil cases (including matrimonial disputes) under Section 25 of the CPC and criminal cases under Section 446 of the BNSS from a court in one State to a court in another State to serve the ends of justice.

  • Does a client need to be physically present in the Supreme Court?

    In most appellate matters like SLPs and Appeals, the physical presence of the client is not required during regular hearings, as the arguments are based purely on the legal records and lower court judgments.

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Core Areas of Supreme Court Jurisdiction

Core Areas of Supreme Court Jurisdiction

1. Special Leave Petitions (SLPs)

A Special Leave Petition under Article 136 is not an ordinary appeal; it is a discretionary power vested in the Supreme Court to grant leave to appeal against any judgment, decree, or order passed by a lower court or tribunal.

  • Civil SLPs: Arise from disputes involving property, commercial contracts, taxation, and constitutional interpretation.

  • Criminal SLPs: Involve matters of liberty, such as bail cancellations, convictions, or the quashing of criminal proceedings.

  • Limitation Period: SLPs must strictly be filed within 90 days from the date of the impugned judgment (or 60 days if a certificate of fitness was refused by the High Court).

2. Transfer Petitions (Civil and Criminal)

The Supreme Court has the extraordinary power to transfer ongoing litigation from a court in one State to a court in another State to prevent a miscarriage of justice.

  • Matrimonial Disputes: Often filed under Section 25 of the CPC when a spouse faces severe physical or financial hardship in traveling to another state for divorce or custody hearings.

  • Criminal Transfers: Filed under Section 446 of the BNSS (formerly Section 406 CrPC) when there is a reasonable apprehension that a fair and impartial trial is impossible in the current jurisdiction due to bias or physical threats.

3. Constitutional Writ Petitions

Under Article 32 of the Constitution, individuals can approach the Supreme Court directly for the enforcement of their Fundamental Rights. Writ petitions (such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) form the bedrock of constitutional remedies in India.

4. Review and Curative Petitions

  • Review Petition: Filed under Article 137, a review petition requests the Supreme Court to reconsider its own judgment if there is a glaring error apparent on the face of the record.

  • Curative Petition: Evolving from the landmark Rupa Ashok Hurra judgment, this is the final legal recourse available after a review petition is dismissed, invoked only in rare cases of gross miscarriage of justice or violation of natural justice.

Supreme Court Practice and Procedure

Filing a case in the Supreme Court is a highly structured process governed by the Supreme Court Rules, 2013. The procedure involves drafting the petition, formulating specific “Questions of Law,” and clearing procedural defects identified by the Supreme Court Registry.

Representation requires a deep understanding of court craft, particularly during the admission stage, where an advocate must convince the bench that the matter involves a substantial question of law requiring the apex court’s intervention. As a member of the Supreme Court Bar Association (SCBA), Advocate Vikas Pandey actively engages in this specialized appellate practice, ensuring that case filings and arguments strictly adhere to procedural mandates.

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