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Special Leave Petition Format

The document is a Special Leave Petition filed by Amity Law School seeking permission to appeal a judgment from the High Court of Delhi, which upheld a trial court's order requiring the school to pay ₹50,00,000 in compensation and install air conditioning in classrooms. The petition raises several questions of law regarding the trial court's jurisdiction, the validity of delay condonation, and the reasonableness of the compensation and directives imposed. The petitioner requests a stay on the High Court's judgment pending the appeal process.

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0% found this document useful (0 votes)
50 views3 pages

Special Leave Petition Format

The document is a Special Leave Petition filed by Amity Law School seeking permission to appeal a judgment from the High Court of Delhi, which upheld a trial court's order requiring the school to pay ₹50,00,000 in compensation and install air conditioning in classrooms. The petition raises several questions of law regarding the trial court's jurisdiction, the validity of delay condonation, and the reasonableness of the compensation and directives imposed. The petitioner requests a stay on the High Court's judgment pending the appeal process.

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ria kumar
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IN THE SUPREME COURT OF INDIA​

(Order XVI Rule 4(1)(a))

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION​


(Under Article 136 of the Constitution of India)

S.L.P. (Civil) No. ________ of 2023

BETWEEN

Position of parties

In the High Court/ in this Tribunal from whose order the Petition arises

A) Amity Law School, a recognized educational institution under the provisions of the University
Grants Commission (UGC) Act, having its principal office at Sector 125, Noida, Uttar Pradesh.​
…Petitioner

AND

B) Parents of Utkarsh (Deceased), residing at ________, New Delhi.​


…Respondents

To

Hon’ble the Chief Justice of India and His Companion Judges of the Supreme Court of India.

The Special Leave Petition of the Petitioner most respectfully showeth:

1.​ The petitioner above named respectfully submits this petition seeking special leave to
appeal against the judgment/order dated ________ passed by the Hon’ble High Court of
Delhi in Regular Civil Appeal No. ________ of 2023, affirming the judgment and decree
of the learned Trial Court. The High Court upheld the findings of the lower court directing
the petitioner to pay compensation of ₹50,00,000 (Rupees Fifty Lakhs Only) along with
₹50,000 (Rupees Fifty Thousand Only) for mental trauma and install air conditioning in
all classrooms.

2. QUESTIONS OF LAW:

The following substantial questions of law arise for consideration by this Hon’ble Court:
a) Whether the Hon’ble High Court erred in affirming the judgment of the trial court despite the
suit being filed beyond the prescribed period of limitation under the Limitation Act, 1963?​
b) Whether the learned trial court and the Hon’ble High Court committed a material irregularity in
condoning the delay without any reasonable cause?​
c) Whether the direction to install air conditioning in all classrooms amounts to judicial
overreach, imposing an unreasonable financial burden on the petitioner?​
d) Whether the compensation awarded is excessive and disproportionate to the facts and
circumstances of the case?

3. DECLARATION IN TERMS OF RULE 4(2):

The petitioner states that no other petition seeking leave to appeal has been filed by it against
the impugned judgment and order.

4. DECLARATION IN TERMS OF RULE 6:

The annexures produced along with the SLP are true copies of the pleadings/documents which
formed part of the records of the case in the court below against whose order the leave to
appeal is sought in this petition.

5. GROUNDS:

Leave to appeal is sought for on the following grounds:

a) Because the Hon’ble High Court erred in affirming the order of the trial court despite the suit
being barred by limitation, which is a jurisdictional error.​
b) Because the learned trial court and the Hon’ble High Court failed to appreciate that no valid
reasons were provided for condonation of delay, leading to a gross miscarriage of justice.​
c) Because the direction to install air conditioning in all classrooms is arbitrary, beyond the
scope of the suit, and imposes an undue burden on the petitioner.​
d) Because the compensation awarded is excessive, not supported by cogent evidence, and
amounts to an unreasonable penalty.

6. GROUNDS FOR INTERIM RELIEF:

Interim relief is sought on the following grounds:

a) That irreparable harm will be caused to the petitioner if the execution of the impugned
judgment is not stayed, as the financial liability imposed is excessive and unsustainable.​
b) That the direction to install air conditioning in all classrooms imposes an impractical and
immediate burden on the petitioner, affecting its ability to function as an educational institution.

7. MAIN PRAYER:

In view of the foregoing, the petitioner prays that this Hon’ble Court be pleased to:
a) Grant special leave to appeal against the judgment and order dated ________ passed by the
Hon’ble High Court of Delhi in Regular Civil Appeal No. ________ of 2023.​
b) Pass such other and further orders as may be deemed fit and proper in the interest of justice.

8. INTERIM RELIEF:

Pending the hearing and final disposal of this petition, the petitioner prays that this Hon’ble
Court be pleased to:

a) Stay the operation of the judgment and decree dated ________ passed by the Hon’ble High
Court of Delhi in Regular Civil Appeal No. ________ of 2023.​
b) Grant such other relief as this Hon’ble Court deems fit in the interest of justice.

PETITIONER

THROUGH​
(Advocate for Amity Law School)​
(Name, Address, and Contact Details)

Place: ________​
Date: ________

Settled by:​
(Advocate’s Name)

By the order of the Court

Sd/-​
(Registrar (Judicial))

Common questions

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Amity Law School has cited several grounds for seeking special leave to appeal: it argues that the High Court erred in affirming an order that was barred by the Limitation Act, which they frame as a jurisdictional error. They also contend that the trial court and the High Court failed to provide valid reasons for condoning the delay, leading to a miscarriage of justice. Additionally, they claim that the direction to install air conditioning is arbitrary and beyond the scope of the suit, imposing an undue financial burden on them, and assert that the awarded compensation is excessive and unsupported by concrete evidence .

Amity Law School argues that the affirmation of the trial court's order by the High Court constitutes a jurisdictional error since the suit was barred by the prescribed limitation period. They highlight this as a core legal oversight justifying their petition to challenge the judgment .

Amity Law School argues that both the trial court and the High Court ignored the absence of valid reasons for condoning the delay in filing, leading to what they consider a gross miscarriage of justice. They contend that overlooking this procedural aspect constitutes a significant legal error .

Amity Law School claims judicial overreach by asserting that the High Court's requirement for them to install air conditioning in all classrooms is arbitrary and beyond the legal scope of the original suit. This directive, according to them, imposes undue financial and operational burdens, reflecting an overextension of judicial power .

Amity Law School argues that the ₹50,00,000 compensation, along with an additional ₹50,000 for mental trauma, is excessive and disproportionate to the facts of the case. They assert there is lack of cogent evidence supporting such a high compensation amount, characterizing it as an unreasonable penalty rather than justice .

Amity Law School characterizes the direction to install air conditioning in all classrooms as an act of judicial overreach, deeming it arbitrary and beyond the scope of the suit. They argue that it imposes an unreasonable financial burden on the institution, thereby affecting its operational functionality as an educational entity .

Amity Law School claims that without interim relief, they would suffer irreparable harm due to the excessive financial liability imposed by the judgment. They also emphasize that the immediate burden of installing air conditioning could impair the institution’s ability to function properly, affecting its educational operations .

Amity Law School seeks a stay on the High Court's judgment to prevent the immediate execution of the financial liabilities which they argue are excessive and unsustainable. They also believe the directive to install air conditioning would constitute an impractical burden, thereby justifying the need for a temporary suspension pending final proceedings .

Amity Law School raises the following questions of law: whether the High Court erred in affirming the trial court's judgment despite the suit being filed beyond the limitation period prescribed by the Limitation Act; whether there was a material irregularity in condoning the delay without reasonable cause; whether the direction to install air conditioning constitutes judicial overreach, and whether the compensation awarded is excessive and disproportionate given the circumstances of the case .

Amity Law School argues that the judgment's financial demands, including the compensation and the directive to install air conditioning, pose a threat to their operational efficiency and financial sustainability. Such burdens could impede their ability to maintain educational standards and services, a concern they raise as affecting not only their institution but potentially setting a precedent impacting other educational bodies. This underscores the critical balance between judicial remedies and practical operational limitations .

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