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The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. It is to be used in case any substantial ...
Around 80% of special leave applications are decided by the High Court without an oral hearing. [3] Nearly all of these are dismissed. Special leave applications in the High Court are typically an extremely complex and expensive process. Legal practitioners who have experience in the special leave process are highly prized, and barristers with a proven ability to successfu
Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law "by leave" from the trial court or the appellate court. The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally. [3] All parties must present grounds to appeal, or it will not be heard.
[8] [9] Appeals to the High Court are by special leave only, which is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate ...
Judge grants SEC leave to appeal Ripple litigation after landmark ruling many saw as huge win for crypto and XRP. Ben Weiss. August 17, 2023 at 12:35 PM. PATRICK T. FALLON—AFP/Getty Images.
The High Court's appellate jurisdiction is limited by the Judiciary Act, which requires special leave to be granted before the hearing of an appeal. Special leave may only be granted where a question of law is raised which is of public importance, involves a conflict between courts or "is in the interests of the administration of justice".
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