Our Supreme Court Practice

We have extensive practice at Supreme Court since 2008. Our firm has separate team for Supreme Court practice which includes Advocate-on-records, Supreme Court filling clerk, legal researcher and counsels dedicated to Supreme Court practice in Delhi. At many occasions, we also engage Senior Advocates for our case best suited to the nature of the case and level of expertise required, as per the instructions of our clients. Our Supreme Court team is headed by Mr. A.K Singh advocate Supreme Court, who is one of the best Supreme Court lawyer in Delhi, has more than 18 years of practice in Supreme Court and enjoys impeccable reputation at Bar due to of his long standing, hard work, honesty towards profession and seasoned professionalism.

Supreme Court Practice constitutes our 50% of litigation practice, if we consider number of filings wise. We get cases from various High Courts across India, mostly from Bombay High Court, Ahmedabad High Court, Allahabad, Jodhpur, Jabalpur, Chandigarh, Bangalore & Chennai High court. We have professional association of the counsels and senior counsels who are the best Supreme Court lawyers in Delhi.

Jurisdiction of Supreme Court & Scope of Practice:

The jurisdiction of the Supreme Court can be broadly be categorized as under:

1. Special Leave Petitions:
When all remedy at High Court gets exhausted then Petitions for special leave to appeal under Article 136 of the Constitution read with Orders XXI and XXII of the Rules can be filed before Supreme Court. Notwithstanding anything contained in Chapter IV of the Constitution, the Supreme Court may in its discretion, 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, except in relation to any court or tribunal constituted by or under any law relating to the armed forces. However, Article 136 does not confer a right of appeal on any party but it confers a discretionary power on the Supreme Court to interfere in suitable cases.

The jurisdiction conferred by Article 136 is divisible into two stages;

(i) First stage is upto the disposal of prayer for special leave to file an appeal; and

(ii) Second stage commences if and when the leave to appeal is granted and special leave petition is converted into an appeal. Under Article 136, the Supreme Court may reverse, modify or affirm the judgment, decree or order appealed against while exercising its appellate jurisdiction and not while exercising the discretionary jurisdiction disposing of petition for special leave to appeal. The doctrine of merger, therefore, applies to the former and not to the latter. Once leave to appeal has been granted and appellate jurisdiction of Supreme Court has been invoked, the order passed in appeal would attract the doctrine of merger; the order may be of reversal, modification or merely affirmation.

3. WRIT Petitions:
In case of infringement of Fundamental Rights of a citizen by the State or its instrumentalities of state, Petitions under Article 32 of the Constitution for issuance of directions or orders or writs, including the writs in the nature of Habeas-corpus, mandamus, quo-warranto, prohibition, certiorari for enforcement of the fundamental rights;

The Supreme Court has have power to issue directions or orders or writs whichever may be appropriate, for the enforcement of any of the rights conferred by Part III of the Constitution.

Even after a death sentence has been confirmed and is not open to review, the Supreme Court may, under Article 32 read with Article 21, commute the sentence of death into one of life imprisonment on the ground of undue delay in execution of the death since it was confirmed.

4. Public Interest Litigation:
Petitions under Article 32 of the Constitution read with Part III(B) Order XXXVIII of the Rules in the nature of public interest litigation seeking redressal of public injury, enforcement of a public duty or vindicating interest of public nature. Under the Extra-ordinary Original Jurisdiction, a writ petition in the nature of public interest litigation can be filed in the Supreme Court.

The matters of public interest generally include:- bonded labour matters; matters of neglected children; exploitation of casual labourers and non-payment of wages to them; matters of harassment or torture of persons belonging to Scheduled Castes, Scheduled Tribes and Economically Backward Classes, either by co-villagers or by police; matters relating to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forests and wild life; petitions from riot victims; and other matters of public importance.

5. Original Suits:
Supreme Court has very limited Original Jurisdiction. Original suits can be filed under Article 131 of the Constitution read with Part III(A) Orders XXV to XXXVII of the Supreme Court Rules;

6. Transfer Petition:
Under Article 139A(1) of the Constitution read with Order XL of the Rules, supreme court has wide power to transfer of cases involving the same or substantial questions of law pending before the Supreme Court and one or more High Courts or before two or more High Courts. Under Article 139A (2) of the Constitution read with Order XLI of the Rules, Supreme court has power to transfer any case, appeal or other proceedings pending before any High Court to any other High Court;

Transfer of Civil Cases under Section 25 of CPC read with XLI of the Rules: , Under section 25, CPC the Supreme Court has power to transfer any suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in any other State;

Transfer of Criminal Cases under Section 406 of Cr.P.C read with XLI of the Rules: Under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX of the Rules, Supreme Court has power to transfer of any particular case or appeal from one High Court to another High Court or from a criminal court subordinate to one High Court to another criminal court of equal or superior jurisdiction, subordinate to another High Court;

7. Arbitration Petition:
If the dispute arises between the parties who entered into contract or agreement having “arbitration clause” can approach supreme court seeking appointment of Arbitrator, by filing Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, read with Appointment of Arbitrators by the Chief Justice of India Scheme, 1996, relating to appointment of an Arbitrator.

9. Contempt Petition:
In case of willful disobedience of supreme court order by the party against whom the order or direction is granted Petitions under Section 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read with Articles 129 and 142 of the Constitution;

10. Review Petition:
The Supreme Court has power to review its own order or final order or Judgment under Review Jurisdiction envisaged under Article 137 of the Constitution read with Order XLVII of the Supreme Court Rules-2013. Review Petition is filed within 30 days of the Order or final order of Supreme Court. It is decided by way of circular by the same bench of Hon’ble Justices. In some special circumstances, matter is listed before bench for open court hearings.

11. Curative Petition:
After dismissal of a case in exercise of review jurisdiction under Article 137 of the Constitution, by way of circulation, a curative petition can be filed under the inherent jurisdiction of the Court to prevent abuse of its process and cure gross miscarriage of justice, as per the law laid down in the case of Ashok Hura Vs. Rupa Hura [2002 (4) SCC 388].

12. Letter Petition:
Letter petitions received by post, even though not in public interest, can be treated as writ petitions, if so directed by the Judge nominated for the purpose. The following individual cases can also be registered as writ petitions under Article 32 of the Constitution:

i. complaints about harassment or torture or death in jail or by police;
ii. complaints of atrocities on women, such as harassment for dowry, bride burning, rape, murder and kidnapping;
iii. complaints relating to family pensions; and
iv. complaints of refusal by police to register the case.

Supreme Court practice is core area of our litigation Practice. It includes filing of Civil & Criminal appeals, Special Leave Petition, Transfer Petition, writ petition, Review Petition and Curative Petition. Supreme court also has jurisdiction under section 11 of Arbitration and conciliation Act, 2019 to appoint arbitrators.

Our firm has separate legal team for Supreme Court lawyers in Delhi India which includes advocates on record (AOR), senior advocates, drafting and briefing counsels & filing clerks. Our office is also in vicinity (3.5 km) of Supreme Court premises, since 2008. In a very short span of time, we have been established and recognized as one of the best Supreme Court lawyers in Delhi India for litigation practice.