Article 136 of CoI : Article 136: Special leave to appeal by the Supreme Court.

Explanation using Example

Example 1:

Scenario: Rajesh, a resident of Mumbai, was involved in a property dispute with his neighbor. The local civil court ruled in favor of his neighbor, and the High Court upheld this decision. Rajesh believes that there was a significant error in the interpretation of the law and that his fundamental rights were violated.

Application of Article 136: Rajesh can file a petition for special leave to appeal to the Supreme Court under Article 136. The Supreme Court, using its discretion, may decide to hear Rajesh's case if it finds that there is a substantial question of law or a gross miscarriage of justice.

Example 2:

Scenario: Priya, a software engineer in Bangalore, was convicted of a crime she did not commit. The trial court sentenced her to five years in prison, and the High Court dismissed her appeal. Priya has new evidence that could prove her innocence.

Application of Article 136: Priya can approach the Supreme Court with a special leave petition under Article 136, requesting the Court to review her case. If the Supreme Court finds merit in her petition, it may grant special leave to appeal and re-examine the evidence and legal aspects of her case.

Example 3:

Scenario: A company in Delhi was fined heavily by a tribunal for violating environmental regulations. The company believes that the tribunal's decision was based on an incorrect interpretation of the law and that the fine is disproportionate.

Application of Article 136: The company can file a special leave petition to the Supreme Court under Article 136, seeking to challenge the tribunal's decision. The Supreme Court may grant special leave to appeal if it considers that the case involves a significant question of law or a potential miscarriage of justice.

Example 4:

Scenario: An army officer was court-martialed and sentenced to dismissal from service for alleged misconduct. The officer believes that the court-martial proceedings were unfair and biased.

Application of Article 136: In this case, Article 136(2) applies, which states that the Supreme Court's special leave to appeal does not extend to judgments or orders made by courts or tribunals related to the Armed Forces. Therefore, the officer cannot seek special leave to appeal to the Supreme Court under Article 136 for this matter.