How an SLP is admitted in Supreme Court?

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    • #4275

      I am a retiree of North Malabar Gramin Bank (a regional rural bank, which is now working under the name Kerala Gramin bank after merging). Our pension case is now at Supreme Court of India, having SLP(C) no 39288/2012. Our case has undergone lengthy process and it was earlier shown as ‘for final disposal’ in listing page. But now it comes under the title ‘Fresh for Admission (Civil)’. Now we are confused about the case being listed with such a title. In addition, on the last listing date on 20-3-2018, SC made an order as follows “Let response to the objections, if any be filed by the Govt. List the matters, on 11th April 2018, along with all the applications.”
      My questions are as follows.
      1) Why our case is reclassified under ‘Fresh for Admission (Civil)’ after long procedures?
      2) All our Advocates were present on 20-3-2018, and they were ready for arguments on that day. But SC instructed to submit written objection?
      Would you please make a clarification regarding the same.

    • #4277

      Since you have engaged advocates to handle your case, you should have better asked this question from them as they are in a better position to explain the reasons as to what happened on a particular hearing or in the past. I am not in the know of the facts of an individual case.

      I can reply to your question in a general manner. SLP means Special Leave Petition. This means that “special leave”, i.e., “special permission” of the court is required for the matter to be heard. Once such special leave is granted, such SLP is converted into a regular Civil (or Criminal) Appeal, which is then heard by the court in detail.

      But, sometimes, if the SLP is a short matter or some urgent matter or if it does not involve complicated issues, the court considers it for final disposal without first converting it into a regular Appeal (though, even in such situation, in the final order that is passed, the SLP is shown to be formally converted into Appeal, but, then it becomes a composite order).

      In view of this, some SLPs may be shown as for final disposal at the SLP stage itself. But, subsequently, if the court feels that the hearing may take longer or that it involves complicated issues, etc., then it may decide to go in the formal manner of first granting the special leave and then deciding the matter by hearing it in detail as a regular Appeal; in such situation, it may be shown as for admission.

      Now, the question as to why your case was not heard on a particular date even though your advocates were willing to argue, can be answered properly only by your advocates, who would be aware of the reasons. I am not expected to know the reason.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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