AI Overview...
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Article 136 of the Constitution - Does not confer a right of appeal or remedy; courts have held it as a discretionary power to review cases where special leave is granted Dabur P Ltd. VS STATE OF WEST BENGAL - Calcutta.
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Court’s Discretion under Article 136 - The Supreme Court often exercises its discretion to dismiss petitions under Article 136 when the case does not meet certain criteria such as low tax effect, lack of merit, or procedural issues like delay Deputy Commissioner Of Income Tax Circle 4(2) VS Deloitte Haskins And Sells Chartered Accounts - Supreme Court, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH VS VISHWA MOHINI - Supreme Court, Swatantravir Savarkar Pratisthan, Sangli VS Rayat Shikshan Sanstha, Satara - Supreme Court.
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No Obligation to Entertain Petitions - The Court has consistently declined to entertain Special Leave Petitions under Article 136 when the petition lacks merit, involves minor amounts, or procedural lapses, emphasizing that Article 136 is not a matter of right but a discretionary jurisdiction Evolve Business Ventures VS Airport Director(AAI) - Supreme Court, HINDU FRONT FOR JUSTICE VS STATE OF U. P. - Supreme Court, Collector Of Customs, Madras VS Madras Rubber Factory - Supreme Court.
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Limitations and Conditions - The Court avoids re-examining factual findings or interfering with high court decisions unless there are exceptional circumstances, maintaining respect for lower courts’ judgments Rameshwar Lal VS Subhash Chandra - Rajasthan, Vedanta Limited VS State of Tamil Nadu - Supreme Court.
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Precedent and Public Interest - The Court clarifies that its decisions under Article 136 are not meant to set broad precedents and generally do not involve re-evaluation of facts unless justified by public interest or legal principles COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH VS VISHWA MOHINI - Supreme Court.
Analysis and Conclusion:
Article 136 of the Constitution grants the Supreme Court discretionary power to entertain appeals in cases of special leave, but it does not create a right of appeal or remedy. Courts frequently dismiss petitions under this article when procedural requirements are unmet, the case lacks merit, or the matter involves minor issues. The Court emphasizes its role as a discretionary reviewer rather than an appellate authority, exercising restraint to respect lower court judgments and avoid unnecessary interference.
Search Results for "136 of Constitution"
1978 0 Supreme(Cal) 54 • India - Calcutta
A.K.Sen, B.C.Ray
Article 136 of the Constitution does not confer any right of appeal and as such provides no remedy. ... OF THE CONSTITUTION. ... of the Constitution. ... contemplated by Article 136 of the constitution. ... of the Constitution. ... Ganguly that Article 136 of the Constitution does not constitute a remedy since it. confers no right of appeal The last contention of Mr. ... Our learned brother mookerji, J, has rightly pointed out that ....
2023 0 Supreme(SC) 1282 • India - Supreme Court
D. Y. CHANDRCHUD, J. B. PARDIWALA, MANOJ MISRA
Special Leave Petition - Dismissal - Court declined to entertain the petition under Article 136 of the Constitution Fact ... Ratio Decidendi: The court decided not to entertain the Special Leave Petition under Article 136 of the Constitution. ... of the Case: The court declined to entertain the Special Leave Petition under Article 136 of the Constitution and dismissed ... We are not inclined to entertain the Special Leave Petition under Article 136 of the ....
2017 0 Supreme(SC) 197 • India - Supreme Court
JAGDISH SINGH KHEHAR, D. Y. CHANDRACHUD, SANJAY KISHAN KAUL
Delay - Jurisdiction - Exercise of Jurisdiction under Article 136 of the Constitution of India Fact of the Case: ... The court found no grounds for interference and exercised its jurisdiction under Article 136 of the Constitution of India. ... The court condoned the delay and found no ground for interference in exercising jurisdiction under Article 136 of the Constitution ... ... No ground for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. ... The special leave....
2001 0 Supreme(SC) 1675 • India - Supreme Court
B.N.KIRPAL, D.P.MOHAPATRA, K.G.BALAKRISHNAN
of the Constitution. ... Jurisdiction - State Corporation - Exercise of jurisdiction under Article 136 of the Constitution Fact of the Case: ... The court declined to exercise its jurisdiction under Article 136 of the Constitution due to the respondent Corporation belonging ... SRTC easel declined to exercise its jurisdiction under Article 136 of the Constitution because the respondent Corporation therein belonged to the State of Andhra Pradesh. ... 2. ... In the pr....
1995 0 Supreme(SC) 515 • India - Supreme Court
J.S.VERMA, K.JAYACHANDRA REDDY
the Constitution. ... of the Constitution due to the meagre amount involved. ... the Constitution due to the meagre amount involved in the matter. ... In view of the meagre amount involved in the matter, we do not consider it necessary to examine the question raised on merits under Article 136 of the Constitution. ... 2. The appeal is dismissed.
2019 0 Supreme(SC) 1497 • India - Supreme Court
D.Y.CHANDRACHUD, HEMANT GUPTA
The Special Leave Petition is dismissed under Article 136 of the Constitution of India. ... Tax Effect - Special Leave Petition - Dismissal under Article 136 of the Constitution of India Fact of the Case: Ratio Decidendi: The tax effect being less than Rs. 1 crore, the court dismissed the Special Leave Petition under Article 136 ... The tax effect being less than Rs. 1 crore, in view of Circular no. 3/2018 dated 11 July 2018, we find no reason to entertain the Special Leave Petition under Article 136 of the Constitution ....
1994 0 Supreme(SC) 153 • India - Supreme Court
M.K.MUKHERJEE, S.C.AGRAWAL
DELAY - CONDONATION OF DELAY - The court dismissed the Special Leave Petition under Article 136 of the Constitution and clarified ... Issues: Delay condonation, Interference under Article 136 of the Constitution, Precedent setting Ratio Decidendi: The ... court decided not to interfere under Article 136 of the Constitution and clarified that the order would not be a precedent in future ... ... ( 2 ) HAVING regard to the facts of this case, we do not consider it to be a fit-case for i....
2008 5 Supreme 433 • India - Supreme Court
TARUN CHATTERJEE, AFTAB ALAM
No reason for Court to exercise its discretionary power under Article 136 of Constitution. ... of Constitution – Appeals dismissed. ... of Constitution in facts and circumstances of case. ... ... 3.We are not inclined to exercise our discretionary power under Article 136 of the Constitution since this submission was not made before the High Court. Accordingly these appeals are dismissed. There will be no Order as to costs.
2015 0 Supreme(Raj) 1322 • India - Rajasthan
ALOK SHARMA
Rajasthan Land Revenue Act, 1956, Sections 133 and 136 – Constitution of India, 1950 – Articles 226 and 227 Rajasthan Tenancy Act
2024 0 Supreme(SC) 194 • India - Supreme Court
D. Y. CHANDRACHUD, J B PARDIWALA, MANOJ MISRA
of the Constitution. ... the High Court's decision, and the application of Article 136 of the Constitution in dismissing the Special Leave Petitions. ... of the Constitution was not warranted. ... We are not inclined in the exercise of the jurisdiction under Article 136 of the Constitution to re-appreciate the findings of facts which have been arrived at by the High Court. ... … For these considerations of public interest, we do not think it will be a proper exercise of our discretion....
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