GENERAL GUIDANCE FOR THE PUBLIC

As mentioned above, the Supreme Court of India is the last and the Highest Court of India. It’s decisions and Judgments are final which cannot be altered by any other Court or Institution whatsoever. Thus, Supreme Court is the apex Court where one of the top and Senior Advocates of India practice.

It is known by public that the Hon'ble Supreme Court is the Highest and Last Court of the Law of the Country whose decision cannot be challenged before any other Court or Forum although in cases of capital punishment of death (to a convicted person) confirmed by the Hon'ble Supreme Court, only the President of India may change and reduce the same if the convicted person files a Mercy Petition against the final Judgment of Supreme Court in this regard. As far as, the nature of cases are concerned, the following are some of the cases dealt with by the Hon'ble Supreme Court.

  • (i) Most commonly, the loosing / aggrieved party of a case challenges the High Court Judgment by filing an Appeal by way of Special Leave Petition (in short known as S.L.P.) in all the matters relating to Civil, Criminal & of other nature.
  • (ii) In Supreme Court, the Judgments of National Level Tribunals like National Consumer Disputes Redressal Commission; National Green Tribunal; Competition Appellate Tribunal; Armed Forces Tribunal, are also challenged by filing Appeal / S.L.P. by the loosing / aggrieved party.
  • (iii) On the other hand, if a party wins before the High Court then he may file a Caveat Petition through his Counsel of Supreme Court so that the loosing party before the High Court may not get any ex-parte Stay Order from the Hon'ble Supreme Court without hearing the Caveator i.e. the Party who won the case before the High Court whose Judgment may be challenged by the loosing Party before the Hon'ble Supreme Court by filing the S.L.P.
  • (iv) A Petition known as Transfer Petition is also filed only in the Supreme Court by a person who wants to transfer his case from the Court of one State to the Court of another State. Such type of Transfer Petitions are generally filed in Matrimonial and Criminal Cases, for example, if the Husband files a Matrimonial Case or Divorce etc. before any Trial Court of an State then his Defendant wife may apply for transfer of the case from that State to the Trial Court of another State, in which (State) she lives.
    Similarly, a Husband can also file Transfer Petition from one State to another State in case the Divorce or other Matrimonial Petition is filed by his wife in other State.
    Likewise, other matters may also be get transferred from one State to another State by filing Transfer Petition before the Hon'ble Supreme Court.
  • (v) In Criminal matters, an Accused person may get his case transferred from the Trial Court of one State to the Trial Court of another State if he feels that either the Investigation by the Local Police in his case is not fair and proper or where the Trial proceedings before a Court of one State is posing threat to his life therefore, the Trial proceedings ought to the transfer to the Trial Court of another State.
  • (vi) Now a days, the cases relating to Service matters are being filed in large number before the Hon'ble Supreme Court if a party looses before the Hon'ble High Court badly affecting the service career of that party.
    In Service matters, the Judgments passed by various High Courts or the Service Tribunals are challenged through S.L.P. before the Hon'ble Supreme Court by the aggrieved Party.
  • (vii) Further, a person may file the Petition (known as Public Interest Litigation-PIL) under Article 32 of the Constitution of India, 1950 directly before the Hon'ble Supreme Court (without approaching the High Court at first instance) or by a person whose any fundamental right has been violated by any action of the State or Central Govt. may also file a Petition known as Writ directly before the Hon'ble Supreme Court under Article 32 of the Constitution of India, 1950 if, any question of National importance affecting the public at large is involved in that Petition.
  • (viii) A person can challenge any Law framed by the Central Govt. before the Hon'ble Supreme Court under Article 32 of the Constitution of India, if the same is against i.e. violates any Fundamental Right of the citizens which were mentioned in the Articles, from Article 14 to 35 of the Constitution of India, 1950.
  • (ix) Apart from above, sometimes, only on the basis of News Paper / T.V. Reports, the Hon'ble Supreme Court also takes up a case suo-moto (i.e. by itself) without filing any Petition by any person before the Hon'ble Supreme Court if the matter relates to public importance or where in a case the Hon'ble Supreme Court thinks that the concerned Authority have failed to take steps and initiate necessary action in a matter of general importance.

In our Country there are 29 States having 25 High Courts and its benches. So many cases are being daily decided by these High Courts of India and loosing party files the Appeal / S.L.P. before the Hon'ble Supreme Court and on the other hand the winning party generally files Caveat Petition before the Supreme Court as explained above.

Now the party who wins the case files the “Caveat” in Supreme Court for protecting the decision of the High Court which is in his favour and on the other hand, the Party who lost his case before the High Court, files Special Leave Petition, Appeals etc. through an Advocate of Supreme Court of his choice.

People may search Advocate of Supreme Court either through Lawyers Directory or by any reference from a friend, etc. Unlike other profession, Legal practice is a Noble Profession and a Lawyer is not supposed to advertise himself under Rule 36 of the Bar Council of India Rules, 1975. Accordingly, the Compiler / Author of this Article has mentioned only his name and phone numbers which was permitted in the year 2008 by the Bar Council of India, 1975 through Resolution No. 50/2008 dated 24.03.2008.

Therefore, the present Compilation / Advisory / Guidance is not an Advertisement of any Advocate whose name appears in any reference in the present Compilation.

A litigant/ client is fully free to engage any Advocate of his choice. But it has been seen that many a times even a good case of a client in Supreme Court is spoiled because of various reasons such as inexperience, lack of knowledge of Law and incapacity to deal with the Case with the required preparation etc. of the engaged Advocate due to which only such unlucky client suffers.

Thus a litigant / Client is advised to do his homework and research before he hands over his case to some experienced lawyer in Supreme Court who could nicely present the case of his client in a systematic manner.

CLIENTS APPROACHING SUPREME COURT SHOULD BE ALERT AND PROTECT THEMSELF FROM TOUTS WONDERING IN AND AROUND SUPREME COURT.

Gone are those days when in the past, for engaging a suitable and capable Advocate of Supreme Court, a Litigant used to come physically to Delhi and used to search an Advocate of his choice by pacing each and every corner of Delhi. Now a days a Litigant or advice seeker makes his search on internet about availability and suitability of top most, famous, well known, best lawyers, Advocates of Supreme Court of India. The Litigant / Client don’t want to come to Delhi for filing / opposing his case unless and until it is actually needed and is necessary to come to Delhi.

The Clients prefer (and the Hon'ble Supreme Court also permits) to file a Case online through an Advocate of the Supreme Court as per his choice and his Advocate is also permitted to argue his case through video conferencing before the Hon'ble Supreme Court. This situation of filing the case online and arguing the same through video conferencing by an Advocate arose in a large scale on account of spread of deadly Novel Corona Virus disease (Covid-19) since February, 2020.

Thus, in the present time, it is a need of hour that before coming to Delhi for his case to be filed / defended before the Hon'ble Supreme Court, a prudent, intelligent, alert and sincere client makes search on internet about a suitable Advocate and after seeking appointment with him, the client comes to Delhi to meet his Advocate for consultation and preparation of his case.

Thus, by adopting the above new pattern for engaging an Advocate, a Client is protected from any possibility of misguidance by anybody.

Thus, by using internet facility, a Litigant / client comes to know about top, famous, well known, and best known Lawyers / Advocates of the Supreme Court of India including other Lawyers also.

IT IS A MATTER OF FACT THAT A GOOD DOCTOR AND A GOOD ADVOCATE IS FOUND BY LUCK AND WITH LITTLE EFFORTS INCLUDING SEARCH ON INTERNET.

The Supreme Court is full of many good Advocates. Each and every Lawyer has many good qualities in himself, but among those who choose the profession of law, there are some who receive the glittering prizes that success at the bar enables.