Constitution of India · Part V: The Union · Chapter IV: The Union Judiciary
Article 136: Special leave to appeal by the Supreme Court
In plain words
The Supreme Court can, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order of any court or tribunal in India. This does not apply to courts or tribunals set up under laws relating to the Armed Forces.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(1) Notwithstanding anything in this Chapter, 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 in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this article
Article 136 gives the Supreme Court a wide discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence or order passed by any court or tribunal in India, except military tribunals. It is not a right of appeal; it is a residuary power used to correct grave injustice.
Discretionary, not a regular appeal
No litigant has a right to special leave. The Court grants it sparingly, where there is a substantial question of law, or where gross injustice has resulted.
Criminal appeals
The Court does not ordinarily interfere with concurrent findings of fact based on appreciation of evidence, even if another view is possible. It intervenes where there is an error of law or procedure, misreading of evidence, violation of natural justice causing prejudice, or perverse findings based on no evidence.
Two stages
At the first stage the Court decides whether to grant leave. If leave is granted, the matter becomes an appeal heard on merits. Dismissal of a special leave petition at the threshold without reasons does not amount to affirming the lower court's judgment on merits.
Key Supreme Court rulings
Hakim v. State of NCT of Delhi 2025 INSC 728
Recalled that the Court interferes under Article 136 only when exceptional and special circumstances exist causing substantial and grave injustice, and summarised principles against reappraising concurrent findings save for legal error, misreading, prejudice or perversity.
Pritam Singh v. The State AIR 1950 SC 169
The foundational ruling that special leave is granted only in exceptional and special circumstances showing that substantial and grave injustice has been done.
Common mistakes
- Treating Article 136 as a regular right of appeal.
- Reading a summary SLP dismissal as approval of the lower court's reasoning.
Read with: Article 132 Constitution, Article 142 Constitution
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the article 136
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Sithara N.S. & Ors. Etc. v. Sai Ram General Insurance Company Limited
Issue arose whether the High Court erred in law in holding that the appellants failed to prove the involvement of the alleged offending vehicle.
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The State of Karnataka & Anr. v. Taghar Vasudeva Ambrish & Anr.
Issue arose whether services provided by the respondent no.1 in the form of leasing of residential premises as hostel to students and working professionals falls within the ambit of Entry 13 of the Notification No.…
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Abhishek Gupta v. Dinesh Kumar & Ors.
Whether in the facts and circumstances of the case, the Division Bench of the High Court erred in dismissing the Special Appeal filed by the appellant herein assailing the order of the Single Judge in a petition…
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Mitc Rolling Mills Private Limited and Anr. v. M/S Renuka Realtors and Ors.
Whether an order rejecting the plaint u/Or.VII r.11 of the CPC is appealable u/s.13(1A) of the Commercial Courts Act, 2015.
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Ravi Prakash Srivastava & Ors. v. State of Uttar Pradesh & Ors.
Challenge to the judgment of the High Court whereby it disposed of the writ petition without granting any substantive relief as prayed for by the petitioners-allottees in a Group Housing Project stalled for nearly two…
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Poonam v. Dule Singh & Ors.
The High Court upheld the judgment of the trial Court by recording a finding that by failing to disclose conviction in the affidavit filed along with nomination form, there was a breach of Rule 24-A of the Madhya…
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Mahaveer v. State of Maharashtra and Anr.
Issue arose whether the acquittal of the appellant-director of the company was correctly reversed by the High Court and whether his conviction u/ss.39 and 44 of the Electricity Act, 1910 for committing theft of energy…
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Dharmrao Sharanappa Shabadi and Others v. Syeda Arifa Parveen
Whether the impugned judgments suffer from perversity and misreading of evidence, warranting re-appreciation of evidence under Article 136 of the Constitution of India; whether the High Court is correct in reversing the…
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Bar Council of Maharashtra and Goa v. Rajiv Nareshchandra Narula & Ors.
Matter pertains to filing of frivolous complaint against two advocates before the Bar Council which took cognizance of the complaint and referred the complaint to the Disciplinary Committee for inquiry.
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Pvt. Ltd.) v. PBSAMP Projects Pvt. Ltd.
Whether in the facts and circumstances of the case, the decree holder (respondent) would be entitled to interest upon interest in terms of s.31(7)(b), Arbitration and Conciliation Act, 1996 or the interest awarded by…
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Satheesh V.K. v. The Federal Bank Ltd.
Issue arose as regards the maintainability of the second SLP challenging the same order where the first SLP was withdrawn without leave to re-approach.
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Vinod Kumar Pandey & Anr. v. Seesh Ram Saini & Ors.
Issue arose as regards the correctness of the order passed by the High Court holding that prima facie cognizable offences are made out for investigation against the appellant-officers of the CBI, and directing the Delhi…
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Deep Nursing Home and Another v. Manmeet Singh Mattewal and Others
Validity of the finding that appellant no.2-doctor, the Obstetrician/ Gynaecologist who conducted the delivery of newborn child, which resulted in death of both woman and newborn child, is guilty of medical negligence…
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C.P. Francis v. C.P. Joseph and Others
Whether the High Court, while invoking the Proviso to s.100(5), CPC, was correct in referring to and applying s.67, Indian Succession Act, 1925; whether s.67, Indian Succession Act, 1925 is attracted to determine the…
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Rajan v. The State of Haryana
Issue arose as regards the correctness of the order passed by the courts below convicting and sentencing the appellant for offence punishable u/ss.302/34 IPC and ss.25, 27 of the Arms Act; and delay at the instance of…
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Vasanta Sampat Dupare v. Union of India & Ors.
Writ petition filed u/Art.32 challenging the continuing validity of the sentence of death against the petitioner, having been affirmed on appeal, declined in review, and followed by the rejection of mercy petitions and…
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State Bank of India & Others v. Ramadhar Sao
The respondent was removed from services. The order of punishment was set aside by the Single Bench of the High Court and the respondent was directed to be reinstated with back wages. By the impugned judgment…
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Pernod Ricard India Private Limited & Another v. Karanveer Singh Chhabra
Appellants, engaged in the manufacture and distribution of wines, liquors, and spirits, sell whisky under the brand names ‘BLENDERS PRIDE’ and ‘IMPERIAL BLUE’, both of which are registered trademarks. The appellants…
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Gurdeep Singh v. The State of Punjab
Issue arose whether the order of conviction and sentence of the appellant for the offences u/ss.307, 353, 332, 225, 186, and 120B IPC and s.25 of the Arms Act, 1959 by the courts below was legally sustainable.
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M/s Shikhar Chemicals v. The State of Uttar Pradesh & Anr.
Reconsideration of the directions issued in the order dated 04.08.2025 in view of the request made by the Chief Justice of India.
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Odisha State Financial Corporation v. Vigyan Chemical Industries and Others
The High Court dismissed the writ petition filed by the appellant u/Art.227 of the Constitution of India, challenging the civil proceedings and the orders passed by the Courts below regarding the computation of interest…
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Khem Singh (D) Through Lrs v. State of Uttaranchal (Now State of Uttarakhand) & Another Etc.
During pendency of these appeals, son of original appellant (since deceased) filed an application seeking setting aside of the abatement and for substitution. Whether the applicant is entitled to be substituted in place…
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S.N. Vijaylakshmi & Ors. v. State of Karnataka & Anr.
Whether any criminal offence in the background of the factual position is made out to justify criminal proceedings against the appellants and whether the same should proceed; whether on the same cause of action, based…
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Padi Kaushik Reddy Etc. v. The State of Telangana and Others Etc.
The matters herein present a challenge to the judgment of the Division Bench of the High Court whereby the judgment dated 09.09.2024 passed by a Single Judge of the High Court in a batch of Writ Petitions was set aside.…
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Bansal Milk Chilling Centre v. Rana Milk Food Private Ltd. & Anr.
When can amendments to complaints be allowed after cognizance is taken; whether on facts, any prejudice would be caused to the accused-respondents if the amendment to the complaint, as prayed, is allowed.
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Vishu Vardhan @ Vishnu Pradhan v. The State of Uttar Pradesh & Ors.
Issue arose whether the impugned order having merged with this Court’s order in Reddy Veerana’s case, as claimed by R, renders the present appeal which lays a collateral challenge to an order of this Court itself not…
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Khursheed Ahmad Chohan v. Union of Territory of Jammu and Kashmir and Ors. Etc.
Issue arose as to whether the facts and circumstances disclosed in the complaint, supported by compelling medical evidence of grievous injuries, including complete genital mutilation, mandatorily required registration…
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Victim ‘X’ v. State of Bihar and Anr.
Allegations of torture and sexual exploitation against the respondent no.2-accused. She was granted bail by the High Court. Whether the grant of bail to the respondent no.2-accused has resulted into travesty of justice.
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Suresh Chandra (Deceased) Thr. Lrs. & Ors. v. Parasram & Ors.
Whether the order rejecting application(s) seeking condonation of delay for setting aside abatement and substitution of legal representatives of deceased appellant suffers from any legal infirmity; if the answer to (a)…
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Mala Choudhary & Anr. v. State of Telangana & Anr.
Issue arose as to correctness of the order passed by the High Court dismissing the petition filed by the appellants, seeking quashing of FIR.
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G. Mohandas v. State of Kerala & Ors.
Matter pertains to the correctness of the order passed by the High Court refusing to quash FIR against the appellants-officials of the Municipal Corporation and the builder u/s.13(1)(d) r/w s.13(2) of the Prevention of…
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Harinagar Sugar Mills Ltd. (Biscuit Division) & Anr. v. State of Maharashtra & Ors.
(i) Whether letter dated 25.09.2019 sent by the Deputy Secretary of State Government can be construed to be an order - Connectedly, whether the appellants would be entitled to the relief of deemed closure, as on…
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Machhindranath S/O Kundlik Tarade Deceased Through Lrs. v. Ramchandra Gangadhar Dhamne & Ors.
Whether the conveyance of the suit land by the original plaintiff dated 02.11.1971 in favour of defendant no.1 could have been done and, the same having been done, could be sustained in law; whether the subsequent…
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Chandigarh Administration v. Registrar General, High Court of Punjab
Whether the High Court of Punjab and Haryana was justified in directing the appellant-Administration for construction of verandah in front of Court Room No.1 and laying of green paver blocks in the kutcha parking, the…
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Agniraj & Ors. Etc. v. State Through Deputy Superintendent of Police Cb-Cid
Whether the High Court was justified in upholding the conviction of the appellants/accused no. 1 to 11 for offences punishable u/ss.302 and 307 r/w. s.149 of the Penal Code, 1860 and the other offences; whether, in the…
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Visakhapatnam v. Eluri Srinivasa Chakravarthi and Others
Whether the two letters could have been looked at or relied upon by the Special Court for exercising its jurisdiction u/s.239, Code of Criminal Procedure, 1973.
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Smt. Shaifali Gupta v. Smt. Vidya Devi Gupta & Ors.
Issue arose as to the correctness of the order passed by the court of first instance as well as the High Court rejecting the application u/Ord.VII r.11 CPC; and whether the property in respect of which the suit, claim…
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Rofiqul Hoque v. The Union of India & Ors.
Once the name of the appellant stands included in the draft NRC, whether the order of the Tribunal, declaring him a foreigner, and of the High Court, affirming the order of the Tribunal, be sustained.
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Hakim v. State of NCT of Delhi and Anr.
These instant two appeals assail concurrent findings of conviction u/s.326A of the Penal Code, 1860 and sentence thereof against accused no.1 and accused no.2 respectively appellants herein.
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Hansura Bai & Anr. v. The State of Madhya Pradesh & Anr.
Whether the Single Judge erred in rejecting the prayers made by the appellants (victim’s family) for transferring the investigation into the custodial death of the victim, to some other investigating agency; and to…
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Shrichand Rajaram Kukreja and Anr. v. The State of Maharashtra and Anr.
Whether the allegations levelled in the impugned-FIR disclose a dispute of civil in nature; whether the proceedings of the impugned-FIR and the chargesheet filed as a culmination of the investigation is a gross abuse of…
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Ramkirat Munilal Goud v. State of Maharashtra Etc.
Matter pertains to the correctness of the order passed by the High Court upholding the conviction and death sentence of the appellant for causing rape and murder of a child aged 3 years and 9 months.
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M/s Chithra Woods Manors Welfare Association v. Shaji Augustine
Whether the Respondent-alleged contemnor is guilty of civil contempt for non-compliance of the directions issued by this Court vide Order dated 07.11.2022.
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The Chief Executive Officer & Others v. S. Lalitha & Others
Matter pertains to the maintainability of the time-barred application of the employee before the tribunal, filed after rejection of a belated representation in service dispute.
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Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
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N. Eswaranathan v. State Represented by the Deputy Superintendent of Police
Misconduct committed by Advocates. The Advocates offered an absolute and unconditional apology. Whether the advocates are worthy of pardon.
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Satish Chander Sharma & Ors. v. State of Himachal Pradesh & Ors.
Issue arose as to whether the decision in State of H.P. v. Rajesh Chander Sood, upholding the cut-off date of 02.12.2004, is per incuriam; whether the aforesaid decision is binding on the petitioners; whether a writ…
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Neha Enterprises v. Commissioner, Commercial Tax, Lucknow, Uttar Pradesh
Matter pertains to disallowance of the input tax credit claimed by the dealer. Whether the assessing officer correctly held that the dealer is not entitled to input tax credit for the purchase tax paid by him on the…
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UCO Bank & Anr. v. Vijay Kumar Handa
The appellant-Bank dismissed the respondent from the services. Whether the respondent was entitled to receive the terminal benefits for the period of service he had rendered.
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J. Ganapatha and Others v. M/S N. Selvarajalou Chetty Trust Rep. by Its Trustees and Others
Whether the Plaint Schedule stood transferred in favour of one late PC through legal, valid and binding documents; Whether appellant is justified in contending that moulding of relief by the impugned judgment is illegal.
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Jamin & Anr. v. State of Uttar Pradesh & Anr.
(i) Whether the High Court was right in exercising its revisional jurisdiction for the purpose of setting aside the order of the Trial Court rejecting the second application preferred by the respondent no.2 u/s.319 of…
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Vijay Bahadur v. Sunil Kumar & Ors.
Allegation of disparity in the counting of votes in the election for position of ‘Gram Pradhan’. Whether the Sub-Divisional Magistrate, was justified in ordering a recount of the votes cast.
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Sachin Yallappa Usulkar & Ors. v. Vijayata & Ors.
Whether the impugned judgment and order passed by the Courts below warrant any interference in so far as the award of compensation is concerned. Whether appellant no.2, who was minor at the time of incident, was…
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Abdul Wahid & Anr. v. State of Rajasthan
Whether it is for the prosecution to connect the accused to the alleged crime by producing credible and legally admissible evidence to punish.
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Sachin Jaiswal v. M/s Hotel Alka Raje & Other
Whether the High Court was justified in holding that the Hotel constructed by the late father of the appellant on the property which he had bought in 1965, was his contribution to the firm and thus, the same was brought…
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Vinod @ Nasmulla v. The State of Chhattisgarh
Whether the conviction of the appellant under Section 395 read with Section 397 of the Penal Code, 1860 and Section 25 of the Arms Act, 1959 is justified.
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Maharashtra State Road Transport Corporation v. Mahadeo Krishna Naik
Whether the appellant-Corporation is guilty of suggestio falsi by not disclosing what it had pleaded before the MACT and suppresio veri by suppressing the award; whether the High Court was justified in exercising review…
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Om Prakash Gupta Alias Lalloowa (Now Deceased) & Ors. v. Satish Chandra (Now Deceased)
The issues before the Hon’ble Court were as to whether the High Court was justified in dismissing the application for condonation of delay in filing the application for substitution and could the second appeal be…
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Wahid v. State Govt. of NCT of Delhi
The appellants herein have preferred appeal against their conviction. Appellant-W was convicted by the Trial Court for offence punishable u/s.392 r/w. s.397 IPC and appellant-A was convicted u/s.392 r/w. s.397 IPC and…
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Mr. R. Rajebdran v. The District Collector, Vellore District & Others
Matter pertains to pollution caused by tanneries by discharging untreated or partially treated effluents into the River Palar and surrounding areas; and as regards the correctness of the order passed by the High Court…
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Mohd. Tahir Hussain v. State of NCT of Delhi
Whether a purpose based interim bail can be granted to contest the election or for canvassing as the petitioner himself is one of the candidates.
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Biswajit Das v. Central Bureau of Investigation
Conviction for offences under section 468 r/w section 120(B), section 271 and section 465 r/w 120(B) and section 420 r/w section 120(B) of the Indian Penal Code, 1860 (“IPC”) as well as section 13(1)(d) read with…
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Om Prakash @ Israel @ Raju @ Raju Das v. Union of India and Another
Issue arose as regards plea of juvenility raised u/s.9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
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Abdul Nassar v. State of Kerala & Anr.
Whether the prosecution has proved by leading clinching and convincing circumstantial evidence that the accused had committed forcible and violent sexual assault on the child victim and, thereafter, strangled and killed…
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Mohammed Enterprises (Tanzania) Ltd. v. Farooq Ali Khan & Ors.
Whether the High Court was justified in interdicting CIRP proceedings under the Insolvency and Bankruptcy Code.
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Ors
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State Govt of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State Govt of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State Govt of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State Govt of NCT of Delhi & Ors
- Bses Rajdhani Power Ltd v. State of NCT of Delhi & Anr
- Bses Rajdhani Power Ltd v. State Govt of NCT of Delhi & Anr
- Rahul Mavai v. Union of India & Ors
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Rinku Baheti v. Sandesh Sharda
Issue arose whether the petitioner-wife is entitled to the transfer of the divorce petition; and whether this Court, upon the application filed by the respondent-husband, can exercise its powers u/Art. 142(1) of the…
- S.G Wines & Anr v. Sab Miller India Ltd
- S.G. Wines A Partnership Firm Through Its Partner R. Selvam & Anr v. Sab Miller India Ltd
- S.G Wines & Anr v. Sab Miller India Ltd
- S.G. Wines & Anr v. Sab Miller India Ltd
- S.G Wines & Anr v. Sab Miller India Ltd
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Celir LLP v. Mr. Sumati Prasad Bafna & Ors.
The present petitions sought to initiate contempt proceedings against the respondents/alleged contemnors for wilful disobedience of the final judgment and order dated 21.09.2023 passed by this Court in Civil Appeal Nos.…
- State NCT of Delhi v. Anamul Ansari & Ors
- Mir Singh (Through Lrs) v. Union of India & Anr
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Akanksha Arora v. Tanay Maben
Whether the High Court can convert the petition u/s.482 CrPC into a revision u/s.397 CrPC and decide it as per law; Whether s.397 CrPC can affect the amplitude of the inherent powers of the High Court u/s. 482 CrPC.
- Devender Singh v. Association of State Road Transport Undertaking
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Ashok v. State of Uttar Pradesh
Matter pertains to the correctness of the order of conviction and sentence against the appellant, for the offences punishable u/ss.376, 302, 201 IPC as also SC and ST Act 1989; and as regards the role of the Public…
- Satish Kumar v. Holistic Child Development India and Others
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Suresh Chandra Tiwari & Anr. v. State of Uttarakhand
(a) Whether the circumstances relied by the prosecution have been proved beyond reasonable doubt; (b) whether those circumstances are of a definite tendency unerringly pointing towards the guilt of the accused; (c)…
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Ramachandran & Ors. v. Vijayan & Ors.
Issue arose with respect to the devolution of property by way of Marumakkathayam law. Nature and character of the scheduled properties. Whether the property obtained by a female and her children after partition would be…