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Consider the following statements regarding the power of 'special leave to appeal by the Supreme court :
1.It can be granted in any judgement whether final or interlocutory.
2.It can be granted against all the courts and tribunals including military tribunals.
3.It is a discretionary power.
How many of the above is/are correct ?
1 and 2 only
2 only
1,2 and 3
1 and 3 only
Appeal by Special Leave (Article 136)
The Supreme court is authorised to grant in its discretion special leave to appeal from any judgement in any matter passed by any court or tribunal in the country (except military tribunal and court martial) .This provision contains the four aspects as under :
Thus, the scope of this provision is very wide and it vests the Supreme court with a plenary jurisdiction' to hear appeals. On the exercise of this power ,the Supreme court itself held that 'being an exceptional and overriding power , it has to be exercised sparingly and with caution and only in special extraordinary situations. Beyond that it is not possible to fetter the exercise of this power by any set formula or rule.
By: Arshpreet Kaur ProfileResourcesReport error
Diya singla
The question is asking about the correct option, not incorrect. The answer shall be 1 and 3, option D
Yes
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