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Special Leave to Appeal - The Supreme Court

By Om Prakash

Published In

Air 1969

The Constitution of India has conferred wide powers on the Supreme Court in the matter of granting special leave to appeal from any judgment or order in any mattar decided by any Court or tribunal in India. In Durga Shanker Mehta v. Thakur Raghuraj Singh, (1955) 1 S C R 267 at p. 272 : A I R 1954 S C 520 at p. 522, Mukherjee, J. (as he then was) observed :— "The powers given by Article 136 of the Constitution however are in the nature of special or residuary powers which are exercisable outside the purview of ordinary law, in cases where 'the ends of justice demand' interference by the Supreme Court of the land. The article itself is worded in the widest terms possible. It vests in the Supreme Court a plenary jurisdiction in the matter of entertaining and hearing appeals by granting of special leave, against any kind of judgment or order made by a Court or Tribunal in any cause or matter and the powers could be exercised in spite of the specific provisions ....

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