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Law Dictionary Home Dictionary Definition special-leave-to-appeal

Special Leave to Appeal, in England, the judicial committee of the Privy Council possesses the power to grant special leave to appeal, a petition for special leave lies where the court below lacks the power to grant leave to appeal or possessing that power has declined to exercise that power, in criminal cases, leave is granted only when some substantial or gross injustice has been done; in civil cases, on a question of general interest or public importance, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305. Is exercisable outside the purview of the ordinary law relating to appeal and in cases where needs of justice demand interference by the highest court of the land; to be exercised only under exceptional circumstances, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305. The Supreme Court of India possesses the power to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India, it does not apply to the judgment etc., of a military tribunal, Subedar v. State of Uttar Pradesh, AIR 1971 SC 125.

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