Article 136 of CoI : Article 136: Special Leave To Appeal By The Supreme Court

Explanation using Example

Imagine a scenario where a business owner loses a lawsuit in a high court regarding a patent infringement case. The high court's decision is not in favor of the business owner, and they believe the judgement was not just. The business owner decides to appeal to the Supreme Court of India. However, the Supreme Court does not automatically take all cases that are appealed to it. Instead, the business owner must petition the Supreme Court for special leave to appeal the high court's decision according to Article 136 of the Constitution of India.

The business owner submits a petition, and the Supreme Court, using its discretion under Article 136(1), agrees to grant special leave to appeal. This means the Supreme Court will now hear the appeal and make a determination on the case, even though it was not obligated to do so.

However, if the business owner was a member of the armed forces and the case involved a court martial or any other military-related tribunal's decision, then under Article 136(2), the Supreme Court would not be able to grant special leave to appeal, as such matters are excluded from the purview of Article 136.