Special Leave Petition filing: procedure after High Court rejects department reference, central processing and ministerial approval required. When a High Court rejects the Department's reference under Section 256(2), a Special Leave Petition may be filed under Article 136 without awaiting field reports or certified copies if filed within the normal limitation period. Internal processing moves from the Board to the Ministry of Law, to the Central Agency for the Senior Law Officer's opinion, back to the Board for Ministerial approval, then to the Central Agency for petition preparation; the advocate on record drafts the petition, the Central Government Advocate vets it, and the Under Secretary, CBDT signs fair copies. Proposals should reach the Board at least 45 days before limitation; same applies to WT, GT and ED SLPs.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Special Leave Petition filing: procedure after High Court rejects department reference, central processing and ministerial approval required.
When a High Court rejects the Department's reference under Section 256(2), a Special Leave Petition may be filed under Article 136 without awaiting field reports or certified copies if filed within the normal limitation period. Internal processing moves from the Board to the Ministry of Law, to the Central Agency for the Senior Law Officer's opinion, back to the Board for Ministerial approval, then to the Central Agency for petition preparation; the advocate on record drafts the petition, the Central Government Advocate vets it, and the Under Secretary, CBDT signs fair copies. Proposals should reach the Board at least 45 days before limitation; same applies to WT, GT and ED SLPs.
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