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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guideline for Drafting a Special Leave Petition Seeking Stay Order from Operation of Impugned Judgment
1. Purpose and Use:
A Special Leave Petition (SLP) seeking a stay order is used when a party intends to challenge a judgment or order of a lower court or tribunal in the Supreme Court of India. The stay order temporarily suspends the enforcement or operation of the impugned judgment pending the disposal of the SLP.
2. Clear and Concise Petition:
Draft a clear and concise SLP, providing details about the case, the impugned judgment, and the reasons for seeking a stay. Include the names of parties involved and their legal representatives.
3. Grounds for Stay:
State the legal grounds justifying the need for a stay order, such as irreparable harm, a strong prima facie case, or a matter of public interest. Cite relevant legal provisions and precedents.
4. Supporting Affidavits:
Attach supporting affidavits, if applicable, to substantiate the grounds for seeking a stay order. These can include expert opinions, factual evidence, or any other relevant documents.
5. Form and Format:
Ensure that the SLP complies with the prescribed format and rules of the Supreme Court, including the paper size, font, and margin requirements.
Common Mistakes to Avoid:
Unclear or vague language in the SLP.
Failure to cite relevant legal provisions or precedents.
Insufficient supporting affidavits or evidence.
Missing important deadlines for filing the SLP or seeking a stay.
Not serving notices to opposing parties.
Ignoring procedural requirements laid down by the Supreme Court.
Drafting a Special Leave Petition seeking a stay order is a critical legal process that demands precision. Avoiding common errors and consulting with legal professionals is advisable to ensure the SLP is well-prepared and has the best chance of obtaining the desired stay order from the Supreme Court.