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+SUPREME COURT OF INDIA
+HANDBOOK
+ON
+PRACTICE AND PROCEDURE
+AND
+OFFICE PROCEDURE
+2017
+CONTENTS
+Page Nos.
+Chapter I - Preliminary 1-4
+1. Seal of the Supreme Court 1
+2. Language 1
+3. Definition 1
+(i) Advocate 1
+(ii) Advocate on-record 1
+(iii) Appointed day 1
+(iv) Allocated Matter 1-2
+(v) Chief Justice 2
+(vi) Code 2
+(vii) Constitution 2
+(viii) Court and this Court 2
+(ix) Court appealed from 2
+(x) Court Fee 2
+(xi) High Court 2
+(xii) Interlocutory Application 2
+(xiii) Judge 3
+(xiv) Judgment 3
+(xv) Main Case 3
+(xvi) Minor 3
+(xvii) Miscellaneous Application 3
+(xviii) Not taken up case 3
+(xix) Prescribed 3
+(xx) Record 3
+(xxi) Respondent 3
+(xxii) The Rules and Rules of the Court 3
+"(xxiii) Secretary General, Registrar and Registry 4"
+(xxiv) Senior Advocate 4
+(xxv) Special Bench 4
+(xxvi) Taxing Officer 4
+(xxvii) Terminal List 4
+Chapter II - Court and Jurisdiction 5-15
+1. Appellate Jurisdiction 5
+2. Extra-ordinary Appellate Jurisdiction 5
+3. Original Jurisdiction 5-6
+4. Extra-ordinary Original Jurisdiction 7
+5. Advisory Jurisdiction 7-8
+6. Inherent and Plenary Jurisdiction 8
+7. Notes 8-15
+8. Order XLVIII of the Rules 15
+i
+Chapter III - Classification of Cases 16-21
+1. Arbitration Petition 16
+2. Civil Appeal 16-17
+3. Contempt Petition (Civil) 17
+4. Contempt Petition (Criminal) 17-18
+5. Criminal Appeal 18
+6. Election Petition 18
+7. Original Suit 19
+8. Petition for Special Leave to Appeal 19
+9. Special Reference Case 19
+10. Transferred Case 19
+11. Transfer Petition 20
+12. Writ Petition 20-21
+13. Review Petition 21
+14. Curative Petition 21
+15. General 21
+Chapter IV - Constitution and Jurisdiction of Benches 22-29
+1. Single Bench 22-25
+2. Division Bench 25-26
+3. Constitution Bench 26
+4. Reference to Larger Bench 26
+5. Review Petition 26-27
+6. Curative Petition 27-28
+7. General 28-29
+"Chapter V –Powers, Duties and Functions of the Registrar 30-37"
+1. Taxing Officer 35
+2. Powers under Order V Rule 1 of the Rules 36-37
+Chapter VI – Roster 38
+Chapter VII - Working Hours and Vacation 39-41
+1. Court 39
+2. Offices of the Court 39
+3. Vacation Court 40-41
+4. Vacation Officer 41
+"Chapter VIII –Advocate, Vakalatnama and Memo of 42-47"
+Appearance
+1. Advocate on-Record 42-43
+2. Advocate 44
+3. Senior Advocate 44-45
+4. Vakalatnama 45-46
+ii
+5. Memo of Appearance 46-47
+6. General 47
+Chapter IX – Affidavits 48-51
+Chapter X - Preparation for Filing of Cases 52-77
+1. Civil Matters 54-69
+2. Arbitration Petition 55
+3. Civil Appeal 56-58
+4. Election Petition 58-59
+5. Reference 59-60
+6. Petition for Special Leave to Appeal 60-64
+7. Original Suit 64-65
+8. Transfer Petition 65-66
+9. Review Petition 66-67
+10. Curative Petition 67
+11. Writ Petition 67-68
+12. Public Interest Litigation 68-69
+13. Interlocutory and Miscellaneous Applications 69
+14. Criminal Matters 69-74
+15. Criminal Appeal 69-71
+16. Petition for Special Leave to Appeal 71-72
+17. Jail Petition 72
+18. Habeas Corpus 72
+19. Transfer Petition 72
+20. Bail Application 72-74
+21. General 74-77
+22. Index 77
+Chapter XI –Filing and Processing of Cases 78-97
+1. Filing Counter 79-82
+(a) Stage One 79-80
+(b) Stage Two 80
+(c) Stage Three 80-81
+(d) Stage Four 81-82
+(e) Stage Five 82
+2. eFiling 82-83
+3. Defective and Fresh Cases 83
+4. Caveat 83-85
+5. Miscellaneous Document Counter 85
+6. Registrar 85-87
+7. Judge in Chambers 87
+8. Elimination Section 87-88
+9. Coram by Filing Counter 88-89
+10. Modified Check List for Scrutiny and 89-92
+Processing of Main Cases
+11. Scrutiny and Processing of Applications 92-95
+12. General 95-97
+iii
+Chapter XII - Limitation 98-101
+Chapter XIII –Listing of Cases 102-115
+1. Cause List and Listing 102-104
+2. Mention Memo/Listing Proforma 104-105
+"3. Case, Coram and Listing 105-112"
+4. Note 112-113
+5. Appearance in Court of Party in-person 113
+6. General 113-115
+Chapter XIV –Procedure After Listing 116-133
+1. Original Records 121-124
+"2. Orders granting Stay, Bail, Release, etc. 124-125"
+3. Procedure where a case is not being diligently 125
+prosecuted
+4. Writ Petition 125-126
+5. Writ of Habeas Corpus 126
+6. Contempt Petition 126-131
+7. General 131-133
+8. Note 133
+Chapter XV – Jail Petitions 134-137
+Processing 134-137
+Chapter XVI –Constitution and Functions of the Judicial 138-164
+Branch
+1. Preliminary 138-140
+2. Dealing Assistant 140-144
+3. Branch Officer 144-146
+4. Court Master 146-150
+5. Assistant Registrar 150-151
+6. Deputy Registrar 151-152
+7. Additional Registrar 152-153
+8. Listing of Cases 154
+9. Applications 154-155
+10. Peremptory Order 155
+11. Expeditious Communication of bail orders 155-156
+and Release orders
+12. Inclusion of Documents in the Paper Books 156
+13. Decree and Formal Order 157
+14. Linked and Connected Cases 157-158
+15. Translation 158-159
+16. Consignment to the Record Room 159-161
+17. General 161-164
+iv
+"Chapter XVII – Process, Warrants and Service of Documents 165-175"
+Chapter XVIII – Paper Books 176-179
+General 178-179
+"Chapter XIX –Judgment, Decree, Order and Report 180-182"
+Chapter XX –Certified Copies 183-187
+Chapter XXI – Records 188-193
+1. Inspection or Search 188-189
+2. Reconstruction 189
+3. Preservation and Destruction 190-191
+4. Part I 191-192
+5. Registers 192
+6. Part II 192-193
+Chapter XXII - Payment into and out of Court of Suitor’s Funds 194-197
+General 197
+Chapter XXIII – Distribution of Work on Judicial Side 198-203
+Chapter XXIV – Removal of Difficulties 204
+Chapter XXV – Schedule 205-217
+1. First Schedule 205-207
+2. Second Schedule 207-210
+3. Third Schedule 210-213
+Part I – Original Jurisdiction 210
+Part-II – Appellate Jurisdiction 210-213
+4. Part-III Miscellaneous 213
+5. Note 214
+6. General 214
+7. Part-IV – Subject Categories 214-217
+Subject Categories 218-228
+Forms 229-267
+1. Application for the Registration of a Clerk 229
+2. Form of Summons for an Order in Chambers 229-230
+3. Notice of Appeal from Registrar 230-231
+4. Notice of Motion 231-232
+5. Form of Oath by Translator 232
+6. Application for Production of Record 233
+7. Notice to the Respondent of Lodgment 233-234
+of Petition of Appeal
+v
+8. Memorandum of Appearance in Person 235
+9. Memorandum of Appearance through 235-236
+Advocate on-Record
+10. Certificate to the Advocate Appointed at 236
+the Cost of the State
+11. Notice to Respondent of Lodging of Appeal 236-237
+12. Summons for Disposal of Suit 237-238
+13. Notice of Appearance 238
+14. Summons for Directions 238-239
+15. Notice of Payment of Money into Court 239-240
+16. Acceptance of Sum paid into Court 240-241
+17. Notice to the Attorney-General for India 241
+of Reference under Article 143 of the Constitution of India
+18. Notice to Parties of Reference under Article 241-242
+143 of the Constitution of India
+19. Summons to Attend Taxation 242-243
+20. Affidavit of Service of Summons 243-244
+21. Affidavit of Service by Post 244-245
+22. Certificate of Taxation 245
+23. Notice for Proceedings to Attorney-General 246
+for India or Advocate-General of a State
+24. Writ of Commission 247-248
+25. Form of Lodgment Schedule 248-249
+26. Deposit Repayment Order and Voucher 249-250
+27. Form of Bank Guarantee 250-251
+28. Form for petition or Special Leave to Appeal 251-253
+29. Application for Issue of Certified 253-254
+Copy/Unauthenticated “Copy”
+30. Appearance Slip 254
+31. Computer-Sheet 255-256
+32. Form for Writ Petition under Article 32 of the 256-257
+Constitution of India
+33. Form for Writ Petition under Article 32 258-260
+relating to Public Interest Litigation
+34. Form of Caveat 260-261
+35. Form of Mention Memo/Listing Proforma 261-262
+36. Format of Inspection or Search of Records 262-263
+37. Notice to the Respondent to Show Cause under 263-265
+Order XXI Rule 9(1) of the Rules
+38. Notice to the Respondent to Show Cause under 265-267
+Order XLI Rule 2 of the Rules.
+39. Annexure I: PIL Guidelines 268-270
+__________
+vi
+CHAPTER I
+PRELIMINARY
+This Handbook on Practice and Procedure of the Court and Office
+"Procedure on Judicial side containing orders issued, from time to time, is"
+"a ready reckoner in relation to the Supreme Court Rules, 2013, framed"
+under Article 145 of the Constitution.
+1. Seal of the Court – The official seal to be used in the Court shall be
+"such as the Chief Justice may from time to time direct, and shall be kept"
+"in the custody of the Secretary General as per Order III, Rule 4 of the"
+Rules.
+2. Language - The language to be used in the Court and all proceedings in
+"the Court, shall be in English, as per Article 348 of the Constitution read"
+with Order VIII of the Rules.
+3. Definitions :-
+(i) ‘Advocate’ means a person whose name is entered on the roll
+of advocates prepared and maintained by a State Bar Council
+"under the Advocates Act, 1961 (25 of 1961);"
+"(ii) ‘Advocate-on-record’ means an advocate, who is entitled under"
+the Rules to act as well as to plead for a party in the Court;
+"(iii) ‘Appointed day’ means, August 19, 2014, on which date the"
+Rules came into force;
+"(iv) ‘Allocated matter’ means a matter, which, by virtue of the"
+"Rules, Roster, Practice and Procedure, Judgment or Order, is"
+"required to be heard by a Bench, and includes-"
+(a) an assigned case or specially directed case;
+(b) case bearing single coram of a Judge;
+(c) a part-heard case;
+1
+(d) subsequent application for bail or suspension of
+sentence;
+(e) an application for cancellation of bail or suspension of
+sentence granted by the Court;
+(v) ‘Chief Justice’ means the Chief Justice of India and includes a
+Judge appointed under Article 126 of the Constitution to
+perform the duties of the Chief Justice;
+"(vi) ‘Code’ means the Code of Civil Procedure, 1908 (5 of 1908) or"
+"the Code of Criminal Procedure, 1973 (2 of 1974), as the case"
+may be;
+(vii) ‘Constitution’ means the Constitution of India;
+(viii) ‘Court’ and ‘this Court’ means the Supreme Court of India;
+(ix) ‘Court appealed from’ includes a Tribunal or any other judicial
+body from which an appeal is preferred to the Court;
+(x) “Court fee” means Court fee set out in the Third Schedule to
+the Rules;
+(xi) ‘High Court’ means-
+(a) as respects anything done before the commencement of
+"the Constitution, a High Court within the meaning of"
+"Section 219 of the Government of India Act, 1935; and"
+(b) as respects anything done or to be done after the
+"commencement of the Constitution, a High Court"
+established by or recognized under the Constitution;
+(xii) ‘Interlocutory application’ means an application filed in a
+"pending main case praying for relief, interim or otherwise, from"
+the Court;
+2
+(xiii) ‘Judge’ means a Judge of the Co urt;
+"(xiv) ‘Judgment’ includes decree, order, sentence or determination of"
+"any Court, Tribunal, Judge or Judicial officer;"
+(xv) ‘Main Case’ or ‘Case’ means a case classified in Chapter II of
+this Handbook;
+(xvi) ‘Minor’ in relation to Order VII of the Rules means a person
+who has not attained majority within the meaning of Section 3
+"of the Indian Majority Act, 1875 (9 of 1875), where the appeal,"
+petition or other proceeding relates to any of the matters
+mentioned in clauses (a) and (b) of Section 2 of that Act or to
+any other matter;
+(xvii) ‘Miscellaneous Application’ means interlocutory application/
+criminal miscellaneous petition/office report for directions in a
+dismissed/disposed of matter;
+(xviii) ‘Not taken up case’ means a case which could not be or was not
+"taken up, for whatever reason, on the date of listing;"
+(xix) ‘Prescribed’ means prescribed by or under the Rules or Practice
+and Procedure or administrative orders issued from time to time
+by the Chief Justice;
+(xx) ‘Record’ in Part II of the Rules means the aggregate of papers
+"relating to an appeal (including the pleadings, proceedings,"
+evidence and judgments) proper to be laid before the Court at
+the hearing of the appeal;
+(xxi) ‘Respondent’ includes an intervener;
+(xxii) ‘The Rules’ and ‘Rules of the Court’ means the Supreme Court
+"Rules, 2013, and include the forms appended to the Rules;"
+3
+(xxiii) (a) ‘Secretary General’ means the Secretary General of the
+Court;
+(b) ‘Registrar’ means the Registrar of the Court and shall
+include Additional Registrar of the Court;
+(c) ‘Registry’ means the Registry of the Court.
+(xxiv) ‘Senior advocate’ means any advocate so designated under sub-
+"section (2) of Section 16 of the Advocates Act, 1961 (25 of"
+"1961), and all such advocates whose names were borne on the"
+roll of the senior advocates of the Court immediately before the
+"commencement of Chapter III of the Advocates Act, 1961;"
+(xxv) ‘Special Bench’ means the Bench constituted by or under the
+orders of the Chief Justice to hear a case or particular class of
+cases;
+(xxvi) Taxing Officer’ means the Officer of the Court whose duty is
+to tax costs of proceedings in the Court;
+(xxvii) ‘Terminal List’ means a list of cases ready for regular hearing
+year-wise in each class separately in the order of their
+registration.
+4
+CHAPTER II
+COURT AND JURISDICTION
+The jurisdiction of the Supreme Court can be broadly categorised as
+under:
+1. Appellate Jurisdiction --
+"(i) appeals permitted under Articles 132, 133 and 134 of the"
+Constitution read with Orders XIX and XX;
+(ii) appeals arising out of Statutes or any other law for the time
+"being in force [refer to Orders XIX, XX, XXI, XXII, XXIII and"
+XXIV of the Rules];
+(iii) appeals under Section 2 of the Supreme Court [Enlargement of
+"Criminal Appellate Jurisdiction] Act, 1970; and read with Order"
+XX of the Rules;
+"(iv) appeals, upon grant of special leave to appeal, under Article 136"
+of the Constitution read with Orders XXI and XXII of the
+Rules.
+2. Extra-ordinary Appellate Jurisdiction --
+Petitions for special leave to appeal under Article 136 of the
+Constitution read with Orders XXI and XXII of the Rules.
+3. Original Jurisdiction --
+(i) Petitions under Article 32 of the Constitution read with Order
+"XXXVIII of the Rules for issue of directions or orders or writs,"
+"including the writs in the nature of habeas corpus, mandamus,"
+"prohibition, quo warranto and certiorari for enforcement of the"
+fundamental rights;
+(ii) Original suits under Article 131 of the Constitution read with
+Part III(A) Orders XXV to XXXVII of the Rules;
+5
+(iii) Petitions under Article 139A(1) of the Constitution read with
+Order XL of the Rules seeking transfer of cases involving the
+same or substantial questions of law pending before the
+Supreme Court and one or more High Courts or before two or
+more High Courts;
+(iv) Petitions under Article 139A(2) of the Constitution read with
+"Order XLI of the Rules seeking transfer of any case, appeal or"
+other proceedings pending before any High Court to any other
+High Court;
+"(v) Petitions under Section 25 of the Code of Civil Procedure, 1908"
+"read with Order XLI of the Rules, seeking transfer of any suit,"
+appeal or other proceeding from a High Court or other civil
+court in one State to a High Court or other civil court in any
+other State;
+"(vi) Petitions under Section 406 of the Code of Criminal Procedure,"
+"1973 read with Order XXXIX of the Rules, seeking transfer of"
+any particular case or appeal from one High Court to another
+High Court or from a criminal court subordinate to one High
+"Court to another criminal court of equal or superior jurisdiction,"
+subordinate to another High Court;
+(vii) Petition under Part III of the Presidential and Vice-Presidential
+"Elections Act, 1952 (31 of 1952) read with Article 71 of the"
+Constitution and Order XLVI of the Rules relating to doubts
+and disputes in relation to the election of a President or Vice-
+President;
+(viii) Petition under Section 11(5) of the Arbitration and Conciliation
+"Act, 1996, read with Appointment of Arbitrators by the Chief"
+"Justice of India Scheme, 1996, relating to appointment of an"
+Arbitrator.
+6
+4. Extra-ordinary Original Jurisdiction --
+(i) Petitions under Article 32 of the Constitution read with Part
+III(B) Order XXXVIII of the Rules in the nature of public
+"interest litigation seeking redressal of public injury,"
+enforcement of a public duty or vindicating interest of public
+nature;
+(ii) Petitions under Article 32 of the Constitution seeking transfer of
+cases involving the State of Jammu and Kashmir.
+5. Advisory Jurisdiction --
+(i) Reference by the President under Article 143(1) of the
+Constitution read with Order XLII of the Rules on a question of
+law or fact of public importance;
+(ii) Reference by the President under Article 143(2) of the
+Constitution read with Order XLII of the Rules of a dispute of
+the kind mentioned in the proviso to Article 131 of the
+Constitution;
+(iii) Reference by the President under Article 317(1) of the
+Constitution read with Order XLIII of the Rules in relation to
+an inquiry for removal of the Chairman or any other Member of
+a Public Service Commission from his office on the ground of
+misbehaviour;
+(iv) Reference by the President under Section 14(1) of the Right to
+"Information Act, 2005 read with Order XLIII of the Rules;"
+(v) Reference by the Governor under Section 17(1) of the Right to
+"Information Act, 2005, or any Statute under Order XLIII of the"
+Rules;
+(vi) Reference under Order XLIV of the Rules by the Central
+Government or Statutory Tribunals under the Statutes;
+7
+"(vii) Reference under Section 257 of the Income Tax Act, 1961 read"
+"with Order XLV of the Rules, by the Income Tax Appellate"
+Tribunal through its President.
+6. Inherent and Plenary Jurisdiction --
+(i) Petitions under Section 3 of the Rules to Regulate Proceedings
+"for Contempt of the Supreme Court, 1975, read with Articles"
+129 and 142 of the Constitution;
+(ii) Applications for review under Article 137 of the Constitution
+read with Order XLVII of the Rules;
+(iii) Curative petitions under Order XLVIII of the Rules as per law
+laid down in the case of Rupa Ashok Hurra vs. Ashok Hurra
+and Anr. [2002 (4) SCC 388] to prevent abuse of the process of
+the Court and cure gross miscarriage of justice;
+(iv) Applications under Section 2 of the Supreme Court [Decrees
+"and Orders] Enforcement Order, 1954."
+Note
+Article 129
+The Supreme Court shall be the court of record and has all the powers
+"of such a court, including the power to punish for contempt of itself."
+Article 131
+The Supreme Court has the original jurisdiction in any dispute
+between the Government of India and one or more States; or between
+the Government of India and any State or States on one side and one
+or more other States on the other; or between two or more States.
+8
+Article 132
+"An appeal shall lie to the Supreme Court from any judgment, decree"
+"or final order, in a civil, criminal or other proceeding, if the High"
+Court certifies under Article 134A that the case involves a substantial
+question of law as to the interpretation of the Constitution.
+Article 133
+"An appeal shall lie to the Supreme Court from any judgment, decree"
+or final order in a civil proceeding of a High Court in the territory of
+"India, if the High Court certifies under Article 134A of the"
+Constitution that the case involves a substantial question of law of
+"general importance and, in the opinion of the High Court, the said"
+question needs to be decided by the Supreme Court.
+"Notwithstanding anything contained in this Article, no appeal"
+"shall, unless Parliament by law or otherwise provides, lie to the"
+"Supreme Court from the judgment, decree or final order of one Judge"
+of a High Court.
+Article 134
+"An appeal shall lie to the Supreme Court from any judgment, final"
+order or sentence in a criminal proceeding of a High Court in the
+"territory of India, if the High Court has, on appeal, reversed an order"
+of acquittal of an accused person and sentenced him to death; or has
+withdrawn for trial before itself any case from any court subordinate
+"to its authority and has, in such trial, convicted the accused person and"
+sentenced him to death; or if the High Court certifies under Article
+"134A that the case is a fit one for appeal to the Supreme Court, subject"
+to the proviso thereunder.
+9
+Article 136
+Notwithstanding anything contained in Chapter IV of the
+"Constitution, 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,"
+except in relation to any court or tribunal constituted by or under any
+law relating to the armed forces.
+Article 136 does not confer a right of appeal on any party but it
+confers a discretionary power on the Supreme Court to interfere in
+suitable cases.
+The jurisdiction conferred by Article 136 is divisible into two
+stages; first stage is upto the disposal of prayer for special leave to file
+an appeal and the second stage commences if and when the leave to
+appeal is granted and special leave petition is converted into an
+appeal.
+"Under Article 136, the Supreme Court may reverse, modify or"
+"affirm the judgment, decree or order appealed against while exercising"
+its appellate jurisdiction and not while exercising the discretionary
+jurisdiction disposing of petition for special leave to appeal. The
+"doctrine of merger, therefore, applies to the former and not to the"
+latter. Once leave to appeal has been granted and appellate jurisdiction
+"of Supreme Court has been invoked, the order passed in appeal would"
+"attract the doctrine of merger; the order may be of reversal,"
+modification or merely affirmation.
+On an appeal having been preferred or a petition seeking leave
+to appeal having been converted into an appeal before the Supreme
+"Court, the jurisdiction of the High Court to entertain a review petition"
+"is lost thereafter, as provided by sub-rule (1) of Rule (1) of Order 47"
+of the Code.
+10
+Article 137
+Subject to the provisions of any law made by the Parliament or any
+"rules made under Article 145, the Supreme Court shall have the power"
+to review any judgment pronounced or order made by it.
+The Supreme Court has held that “by describing an
+"application as one for clarification or modification, though"
+"it is one for review, a party cannot be permitted to"
+circumvent or bypass the circulation procedure and
+indirectly obtain a hearing in the open court. The Court has
+further held that what cannot be done directly cannot be
+permitted to be done indirectly and that an application for
+"‘clarification’, ‘modification’ or ‘recall’ cannot be"
+"entertained where, in sum and substance, the same is"
+clever move for review [APSRTC and Others v. Abdul
+Kareem [2007 (2) SCC 466].
+Article 139A(1)
+Where cases involving the same or substantially the same questions of
+law are pending before the Supreme Court and one or more High
+Courts or before two or more High Courts and the Supreme Court is
+satisfied on its own motion or an application made by the Attorney-
+General of India or by a party to any such case that such questions are
+"substantial questions of general importance, the Supreme Court may"
+withdraw the case or cases pending before the High Court or the High
+Courts and dispose of all the cases itself:
+Provided that the Supreme Court may after determining the said
+questions of law return any case so withdrawn together with a copy of
+its judgment on such questions to the High Court from which the case
+"has been withdrawn and the High Court shall, on receipt thereof,"
+proceed to dispose of the case in conformity with such judgment.
+11
+Article 139A(2)
+"The Supreme Court may, if it deems it expedient so to do for the ends"
+"of justice, transfer any case, appeal or other proceedings pending"
+before any High Court to any other High Court.
+Article 141
+The law declared by the Supreme Court is binding on all courts within
+the territory of India.
+Article 142
+The Supreme Court may pass such decree or make such order as is
+necessary for doing complete justice in any cause or matter pending
+before it and it shall be enforceable throughout the territory of India in
+such manner as may be prescribed by or under any law made by
+"Parliament and, until provision in that behalf is so made, in such"
+manner as the President may by order prescribe.
+Subject to the provisions of any law made in this behalf by
+"Parliament, the Supreme Court shall, as respects the whole of the"
+"territory of India, have all and every power to make any order for the"
+"purpose of securing the attendance of any person, the discovery or"
+"production of any documents, or the investigation or punishment of"
+any contempt of itself.
+Article 143
+"Where a question of law or fact, which is of public importance, has"
+arisen or is likely to arise and if the President is of the view that it is
+"expedient to obtain the opinion of the Supreme Court upon it, he may"
+"refer the question to it for consideration and the Supreme Court may,"
+"after such hearing as it thinks fit, report to the President its opinion"
+thereon.
+12
+Notwithstanding anything contained in the proviso to Article
+"131, the President may refer a dispute of the kind mentioned in the"
+said proviso to the Supreme Court for opinion and the Supreme Court
+"shall, after such hearing as it thinks fit, report to the President its"
+opinion thereon.
+Article 144
+All civil and judicial authorities in the territory of India shall act in
+aid of the Supreme Court.
+Article 145
+"Subject to the provisions of any law made by the Parliament, the"
+"Supreme Court may, from time to time, with the approval of the"
+"President, make rules for regulating generally the practice and"
+procedure of the Court.
+Article 32
+The Supreme Court shall have power to issue directions or orders or
+"writs, including writs in the nature of habeas corpus, mandamus,"
+"prohibition, quo warranto and certiorari, whichever may be"
+"appropriate, for the enforcement of any of the rights conferred by Part"
+III of the Constitution.
+"Under the Extra-ordinary Original Jurisdiction, a writ petition"
+in the nature of public interest litigation can be filed in the Supreme
+Court.
+"The Supreme Court shall, inter alia, have powers to transfer any"
+case relating to the State of Jammu and Kashmir under Article 32 of
+the Constitution. [Anita Kushwaha vs. Pushap Sudan (Transfer
+Petition (C) No. 1343 of 2008)]
+Even after a death sentence has been confirmed and is not open
+"to review, the Supreme Court may, under Article 32 read with Article"
+"21, commute the sentence of death into one of life imprisonment on"
+13
+the ground of undue delay in execution of the death since it was
+confirmed. [Jumman vs. State of Uttar Pradesh [1991 (1) SCC 752].
+Note
+1. The matters of public interest generally include--
+(i) bonded labour matters;
+(ii) matters of neglected children;
+(iii) exploitation of casual labourers and non-payment of wages to
+them (except in individual cases);
+(iv) matters of harassment or torture of persons belonging to
+"Scheduled Castes, Scheduled Tribes and Economically"
+"Backward Classes, either by co-villagers or by police;"
+"(v) matters relating to environmental pollution, disturbance of"
+"ecological balance, drugs, food adulteration, maintenance of"
+"heritage and culture, antiques, forests and wild life;"
+(vi) petitions from riot victims; and
+(vii) other matters of public importance.
+2. The matters of private nature which do not fall within the contours of
+public interest litigation shall include --
+(i) threat to or harassment of the petitioner by private persons;
+(ii) seeking enquiry by an agency other than local police;
+(iii) seeking police protection;
+(iv) landlord tenant dispute;
+(v) service matters;
+(vi) admission to medical or engineering colleges; and
+(vii) early hearing of cases pending in High Courts and subordinate
+courts.
+3. The petitions received by post are scrutinized as per the prescribed
+"guidelines* and only such of them, as are covered by the parameters"
+"laid down therein, are placed before the Judge nominated for the"
+purpose.
+* PIL Guidelines as at Annexure 1.
+14
+"4.(a) Letter petitions received by post, even though not in public interest,"
+"can be treated as writ petitions, if so directed by the Judge nominated"
+for the purpose.
+(b) The following individual cases can also be registered as writ petitions
+under Article 32 of the Constitution:
+(i) complaints about harassment or torture or death in jail or by
+police;
+"(ii) complaints of atrocities on women, such as harassment for"
+"dowry, bride burning, rape, murder and kidnapping;"
+(iii) complaints relating to family pensions; and
+(iv) complaints of refusal by police to register the case.
+"(c) In such cases, a Report from the concerned Authority shall be"
+obtained before placing the matter before the Judge for consideration
+as to the registration of the case as a writ petition.
+Order XLVIII of the Rules
+After dismissal of a case in exercise of review jurisdiction under
+"Article 137 of the Constitution, by way of circulation, a curative"
+petition can be filed under the inherent jurisdiction of the Court to
+"prevent abuse of its process and cure gross miscarriage of justice, as"
+per the law laid down in the case of Rupa Ashok Hurra vs. Ashok
+Hurra and Anr. [2002 (4) SCC 388].
+15
+CHAPTER III
+CLASSIFICATION OF CASES
+A. The main cases shall ordinarily be classified and abbreviated as follows -
+1. Arbitration Petition [fc]
+2. Civil Appeal [ac]
+3. Contempt Petition (Civil) [cc]
+4. Contempt Petition (Criminal) [cr]
+5. Criminal Appeal [ar]
+6. Election Petition [ec]
+7. Original Suit [oc]
+8. Petition for Special Leave to Appeal (Civil) [sc]
+9. Petition for Special Leave to Appeal (Criminal) [sr]
+10. Special Reference Case [lc]
+11. Transferred Case (Civil) [nc]
+12. Transferred Case (Criminal) [nr]
+13. Transfer Petition (Civil) [tc]
+14. Transfer Petition (Criminal) [tr]
+15. Tax Reference Case [xc]
+16. Writ Petition (Civil) [wc]
+17. Writ Petition (Criminal) [wr]
+18. Review Petition (Civil) [rc]
+19. Review Petition (Criminal) [rr]
+20. Curative Petition (Civil) [qc]
+21. Curative Petition (Criminal) [qr]
+1. Arbitration Petition – A petition under Section 11(5) of the
+"Arbitration and Conciliation Act, 1996, shall be registered as an"
+Arbitration Petition.
+"2. Civil Appeal – Ordinarily, the following category of cases shall be"
+registered as civil appeals:
+(1) appeals by certificate under Articles 132 and 133 of the
+Constitution read with Order XIX of the Rules;
+"(2) appeal, upon grant of special leave to appeal, under Article 136"
+of the Constitution read with Order XXI of the Rules;
+"(3) appeal under Section 130E of the Customs Act, 1962;"
+16
+"(4) appeal under Section 35L of the Central Excise and Salt Act,"
+1944;
+"(5) appeal under Section 23 of the Consumer Protection Act, 1986;"
+"(6) appeal under Section 27A of the Consumer Protection Act,"
+1986;
+"(7) appeal under Section 19(1)(b) of the Contempt of Courts Act,"
+1971;
+"(8) appeal under Section 38 of the Advocates Act, 1961;"
+"(9) appeal under Section 116A of the Representation of People Act,"
+1951;
+(10) appeal under Section 18 of the Telecom Regulatory Authority of
+"India Act, 1997;"
+(11) appeal under Section 15Z of the Securities and Exchange Board
+"of India Act, 1992;"
+"(12) appeal under Section 261 of the Income Tax Act, 1961;"
+"(13) appeal under Section 53T of the Competition Act, 2002;"
+(14) appeals under Sections 30 and 31 of the Armed Forces Tribunal
+"Act, 2007;"
+"(15) appeal under Section 125 of the Electricity Act, 2003;"
+"(16) appeal under Section 29(1) of the Wealth Tax Act, 1957;"
+"(17) appeal under Section 22 of the National Green Tribunal Act,"
+2010;
+(18) appeal under Section 10 of the Special Court (Trial of offences
+"relating to Transaction in Securities) Act, 1992;"
+"(19) appeal under Section 423 of the Companies Act, 2013;"
+(20) appeal under Sections 17 and 18 of the Airport Economic
+"Regulatory Authority of India Act, 2008."
+3. Contempt Petition (Civil) – A petition under Rule 3 of the
+Rules to Regulate Proceedings for Contempt of the Supreme
+"Court, 1975, read with Section 2(b) of the Contempt of Courts"
+"Act, 1971, and Articles 129 and 142(2) of the Constitution shall"
+be registered as a Contempt Petition (Civil).
+4. Contempt Petition (Criminal) – A petition under Rule 3 of the
+17
+Rules to Regulate Proceedings for Contempt of the Supreme
+"Court, 1975, read with Section 2(c) of the Contempt of Courts"
+"Act, 1971, and Articles 129 and 142(2) of the Constitution shall"
+be registered as a Contempt Petition (Criminal).
+"5. Criminal Appeal – Ordinarily, the following cases shall be registered"
+as criminal appeals --
+(1) appeals by certificate under Articles 132(1) and 134(1)(c)
+read with Order XX of the Rules;
+(2) appeal under Article 134(1)(a) and (b) or made any other
+provision of law under Order XX of the Rules;
+"(3) appeal, upon grant of special leave to appeal, under Article"
+136 of the Constitution read with Order XXII of the Rules;
+(4) appeals under Sections 30 and 31 of the Armed Forces
+"Tribunal Act, 2007;"
+(5) appeal under Section 10 of the Special Court (Trial of
+"Offences relating to Transaction in Securities) Act, 1992;"
+(Criminal);
+(6) appeal under Section 374 of the Code of Criminal
+"Procedure, 1973;"
+(7) appeal under Section 380 of the Code of Criminal
+"Procedure, 1973;"
+(8) appeal under Section 2 of the Supreme Court (Enlargement
+"of Criminal Appellate Jurisdiction) Act, 1970, as amended"
+by the Supreme Court (Enlargement of Criminal Appellate
+"Jurisdiction) Amendment Act, 1972, read with Section 379"
+"of the Code of Criminal Procedure, 1973;"
+(9) appeal under Section 19(1)(b) of the Contempt of Courts
+"Act, 1971."
+6. Election Petition – A petition under Part III of the Presidential and
+"Vice-Presidential Elections Act, 1952 (31 of 1952) read with Article"
+71 of the Constitution and Order XLVI of the Rules relating to
+doubts and disputes in relation to the election of a President or Vice-
+President shall be registered as an Election Petition.
+18
+7. Original Suit – A suit filed under Article 131 of the Constitution
+shall be registered as Original Suit in relation to any dispute--
+(i) between the Government of India and one or more States; or
+(ii) between the Government of India and any State or States on
+one side and one or more other States on the other; or
+(iii) between two or more States.
+8. Petition for Special Leave to Appeal – A petition filed under
+Article 136 of the Constitution from an order of the High Court
+refusing to grant certificate under Article 134A of the Constitution or
+"in any other case from any judgment, decree, determination, sentence"
+"or order passed or made by any Court or Tribunal, except relating to"
+armed forces. It may be either civil or criminal.
+"9. Special Reference Case – Ordinarily, the following cases shall be"
+registered as References:
+1. Reference under Articles 143(1) and (2) of the Constitution;
+2. Reference under Article 317(1) of the Constitution;
+"3. Reference under Section 11 of the Competition Act, 2002;"
+"4. Reference under Section 14(1) of the Right to Information Act,"
+2005;
+"5. Reference under Section 17(1) of the Right to Information Act,"
+2005;
+"6. Reference under Section 257 of the Income Tax Act, 1961;"
+7. Reference made by Central Government or Statutory Tribunals
+under Order XLIV of the Rules;
+"8. Reference under Section 27(3A) of the Wealth Tax Act, 1957;"
+"9. Reference under Section 11(3) of the Companies Act, 2002;"
+10. Reference under Section 7(1) of the Prasar Bharati
+"(Broadcasting Corporation of India) Act, 1990."
+10. Transferred Case – A case under Article 139A(1) of the Constitution
+"read with Order XL of the Rules, upon being transferred by the High"
+"Court to this Court, shall be registered as a Transferred Case."
+19
+11. Transfer Petition –
+(i) petition filed under Article 139A(1) of the Constitution of
+India shall be registered as Transfer Petition. It may be either
+civil or criminal;
+(ii) petition filed under Article 139A(2) of the Constitution of
+India shall be registered as Transfer Petition. It may be either
+civil or criminal;
+(iii) petition filed under Section 25 of the Code of Civil
+"Procedure, 1908, shall be registered as Transfer Petition"
+(Civil);
+(iv) petition filed under Section 406 of the Code of Criminal
+"Procedure, 1973, shall be registered as Transfer Petition"
+(Criminal); and
+(v) petition filed under Section 11 of the Terrorist Affected
+"Areas (Special Courts) Act, 1984, shall be registered as"
+Transfer Petition (Criminal).
+Note
+A transfer petition seeking transfer of a case relating to the State of
+Jammu and Kashmir shall be filed in terms of the ratio laid down in
+Anita Kushwaha vs. Pushap Sudan (Transfer Petition (C) No. 1343 of
+2008).
+12. Writ Petition –
+(i) petition under Article 32 of the Constitution relating to an
+infringement of a right in Part III of the Constitution in a civil
+"case, other than habeas corpus, shall be registered as Writ"
+Petition (Civil);
+(ii) petition under Article 32 of the Constitution relating to a
+"criminal matter, including habeas corpus, shall be registered as"
+Writ Petition (Criminal);
+(iii) petition under Article 32 of the Constitution of India relating
+20
+to public interest litigation shall be registered as Writ Petition
+(PIL). It may be either civil or criminal;
+(iv) petition under Article 32 of the Constitution seeking transfer of
+a case relating to the State of Jammu and Kashmir and shall be
+registered as Writ Petition (Tr.). It may be either civil or
+criminal;
+13. Any other case filed in this Court which does not fall under any of
+the above categories may be classified and registered in accordance
+with or under any other provision of law or orders of the Court or
+special or general orders of the Chief Justice passed in that behalf.
+14. Review Petition – A petition under Article 137 of the Constitution
+read with Order XLVII of the Rules shall be registered as a Review
+Petition. It may be either civil or criminal.
+15. Curative Petition – A petition under Order XLVIII of the Rules
+shall be registered as a Curative Petition. It may be either civil or
+criminal
+General
+The cases arising out of the Terrorist and Disruptive Activities
+"(Prevention) Act, 1987, or the Monopolies and Restrictive Trade"
+"Practices Act, 1969, or under any other law, which have since been"
+"repealed, have not been indicated in the Chapter though cases arising"
+"therefrom, prior to repeal, are pending consideration of the Court."
+21
+CHAPTER IV
+CONSTITUTION AND JURISDICTION OF BENCHES
+I. Single Bench
+"1. Under Order V Rule (2) of the Rules, the powers of the Court in"
+relation to the following matters may be exercised by a Single Judge sitting
+"in Chambers, namely:"
+(1) Application by advocate-on-record for leave to withdraw or for
+change or discharge of advocate-on-record.
+(2) Application for leave to compromise or discontinue an appeal where
+permission was granted to sue as an indigent person.
+(3) Application for striking out or adding party or for intervention in a
+"suit, appeal or other proceeding."
+(4) Application for separate trials of causes of action.
+(5) Application for separate trials to avoid embarrassment.
+(6) Rejection of plaint.
+(7) Application for setting down for judgment in default of written
+statement.
+(8) Application for better statement of claim or defence.
+(9) Application for particulars.
+(10) Application for striking out any matter in a pleading.
+(11) Application for amendment of pleading and for enlargement of time to
+amend any pleading.
+(12) Application to tax bills returned by the Taxing Officer.
+(13) Application for review of taxation.
+"(14) Application for enlargement or abridgement of time, except"
+application for condonation of delay in filing Special Leave Petitions.
+(15) Application for issue of commissions.
+(16) Application for assignment of security Bonds.
+22
+(17) Questions arising in taxation referred by the Taxing Officer.
+(18) Application for orders against clients for payment of costs.
+(19) Application for taxation and delivery of bill of costs and for delivery
+by an advocate of documents and papers.
+(20) Application for registration of advocates as advocates on record.
+(21) Application for leave to proceed as an indigent person.
+(22) Application for grant of bail where the petitioner is confined in jail for
+offence punishable with imprisonment upto seven years.
+(23) Application for stay of execution of a sentence or order in criminal
+proceedings.
+(24) Application by accused persons in custody for being produced before
+the Court at the hearing of the appeal.
+(25) Consent application in interlocutory matters.
+(26) Application by accused persons for engagement of advocate under
+rule 16 of Order XX.
+(27) Fixing the remuneration of a guardian ad litem.
+"(28) Summons for non-prosecution, which includes the power of dismissal"
+for non-prosecution.
+(29) Office Report on default.
+(30) Application for exemption from paying court fee or extension of time
+"for paying court fee or for furnishing undertaking, bank guarantee or"
+security.
+"(31) Application for substitution, application for condonation of delay in"
+seeking substitution and application involving setting aside abatement.
+(32) Application for condonation of delay in re-filing where the delay
+exceeds 60 days from the date of notifying the defects.
+(33) Application for refund of security.
+"(34) Application for withdrawal of any appeal, petition or suit with the"
+consent of all the appearing parties or where the other side has not
+appeared.
+23
+"(35) Application for exemption from surrendering, provided that not more"
+than one opportunity be granted for surrendering. In case of refusal
+"and/or if accused do(es) not surrender, the matter be placed before the"
+Hon’ble Judge in Chambers for non-prosecution.
+(36) Issue of fresh summons and notices.
+"(37) Application of a person who is not a party to the case, appeal or"
+"matter, for inspection or search or grant of copies for good cause"
+shown.
+(38) Application by third parties for return of documents.
+(39) Application to appoint or discharge a next friend or guardian of a
+minor or a person of unsound mind and direct amendment of the
+record thereon.
+(40) Application for consolidation of appeals and writ petitions for
+"purposes of hearing, and preparation of record."
+(41) Application for amendment of pleadings with the consent of all the
+"appearing parties, or where the other side has not appeared."
+Note :
+(i) “Office Report on Default” includes cases under Order III Rule
+8(vii) proviso of the Rules.
+(ii) An appeal shall lie to the Judge in Chambers against the order
+of the Registrar under Order V Rule 1 and Order VIII Rule 6(3)
+and (4) of the Rules within fifteen days from the date of such
+order.
+(iii) The Judge in Chambers may at any time adjourn any matter and
+lay the same before the Court.
+"2. In exercise of powers conferred by Order II Rule 6 of the Rules, the"
+Chief Justice may direct matters of urgent nature to be heard by a
+Judge sitting singly during summer vacation or winter holidays.
+"3. Under Order VI Rule 6 of the Rules, the Vacation Judge sitting"
+"singly may, in addition to exercising all the powers of a Judge in"
+"Chambers under the Rules, exercise the powers of the Court in"
+"relation to the following matters, namely:"
+24
+(i) Applications for special leave to appeal in urgent cases
+where interim relief is prayed for subject to the condition
+that the Vacation Judge shall not decide such a petition if it
+raises substantial question of law as to the interpretation of
+the Constitution.
+(ii) Applications for stay of execution of a decree or order or
+stay of proceedings in civil matters.
+(iii) Applications for transfer of cases under Section 406 of the
+"Code of Criminal Procedure, 1973 (2 of 1974)."
+(iv) Applications for stay of proceedings in criminal matters.
+(v) Applications under Article 32 of the Constitution of an
+urgent nature which do not involve a substantial question of
+law as to the interpretation of the Constitution.
+(vi) Issue of a rule nisi in urgent applications under Article 32 of
+the Constitution which involve a substantial question of law
+as to the interpretation of the Constitution.
+(vii) Applications of an urgent nature for transfer of cases under
+"Section 25 of the Code of Civil Procedure, 1908 (5 of 1908)."
+(viii) Issue of notice in applications of an urgent nature under
+Article 139A(1) of the Constitution; and
+(ix) Applications of an urgent nature for transfer of cases under
+Article 139A(2) of the Constitution.
+II. Division Bench
+"(i) Under Order VI Rule 1 of the Rules, subject to other provisions of"
+"the Rules, every cause, appeal or matter shall be heard by a Bench"
+consisting of not less than two Judges nominated by the Chief
+Justice.
+"(ii) Every cause, appeal or other proceedings arising out of a case in"
+which death sentence has been confirmed or awarded by the High
+Court shall be heard by a Bench consisting of not less than three
+Judges.
+25
+"(iii) In exercise of powers conferred by Order II Rule 6 of the Rules,"
+the Chief Justice may direct matters of urgent nature to be heard
+by a Division Court during the vacation.
+III. Constitution Bench
+(i) Every case involving a substantial question of law as to the
+interpretation of the Constitution under Article 145(3) or any
+Reference made under Article 143 of the Constitution shall be
+heard by a Bench consisting of not less than five Judges.
+(ii) Every petition calling in question the election of the President and
+Vice-President under Article 71 of the Constitution read with Part
+"III of the Presidential and Vice-Presidential Elections Act, 1952,"
+shall be posted before a Bench of five Judges under Order XLVI of
+the Rules.
+"(iii) The Chief Justice may, from time to time, constitute a Bench"
+consisting of five or more Judges for the purpose of hearing any
+"other cause, appeal or matter."
+IV. Reference to Larger Bench
+"(i) A Division Bench of two or more Judges may refer any cause,"
+"appeal or other proceeding, pending before it, to a larger Bench of"
+not less than five Judges involving a substantial question of law as
+"to the interpretation of the Constitution, as per proviso to Article"
+145(3) of the Constitution.
+"(ii) Where, in the course of hearing of any cause, appeal or other"
+"proceeding, the Division Bench considers that the case should be"
+"dealt with by a larger Bench, it shall refer the case to the Chief"
+"Justice, who shall thereupon constitute such a Bench for hearing it."
+"(iii) If a Bench of less than three Judges, hearing a cause, appeal or"
+"matter, is of the opinion that the accused should be sentenced to"
+"death, it shall refer the case to the Chief Justice, who shall"
+26
+thereupon constitute a Bench of not less than three Judges for
+hearing it.
+"(iv) After the Reference is answered by a larger Bench, wherever"
+"required, the case shall be placed before the Chief Justice for listing"
+before an appropriate Bench for hearing and decision in accordance
+with the opinion of the larger Bench.
+V. Review Petition
+(i)(a) An application for review under Order XLVII of the Rules read with
+"Article 137 of the Constitution and shall, as far as practicable, be"
+circulated to the same Judge or Bench of Judges that delivered the
+judgment or order sought to be reviewed:
+Provided that in case of non-availability of a Judge or Judges of the
+"Bench, by reason of retirement or otherwise, an application for"
+"review shall be heard by a Judge or Bench of Judges, as may be"
+ordered by the Chief Justice.
+"(b) Unless otherwise ordered by the Court, an application for review"
+shall be disposed of by circulation without any oral arguments.
+"In the case of Mohd. Arif @ Ashfaq vs. The Registrar,"
+"Supreme Court of India & Others in 2014 9 SCC 737, the"
+Supreme Court held that :-
+“........in review petitions arising out of those cases where
+"the death penalty is awarded, it would be necessary to"
+accord oral hearing in the open court......”
+(c) Where an application for review of any judgment and order has
+"been made and disposed of, no further application for review shall"
+be entertained in the same matter.
+"(ii)(a) An application seeking a review, clarification or modification of"
+"an award, passed by a Bench of Lok Adalat, shall be placed"
+before the same Bench at any subsequent Lok Adalat for
+consideration.
+27
+(b) Where any of the members comprising such Bench is/are not
+"available, the application shall be placed before the Chief"
+Justice for constitution of a Bench of Lok Adalat for
+consideration.
+"(c) In case settlement, by consent, is not arrived at on the application"
+"for review, clarification or modification before the Lok Adalat, the"
+"same shall be placed, as per roster, before the Division Bench or"
+as ordered by the Chief Justice.
+VI. Curative Petition
+A curative petition under Order XLVIII of the Rules shall be first
+"circulated to, and heard by, a Bench of the three senior-most Judges"
+"and the Judges, who passed the judgment or order complained of, if"
+available.
+"Unless otherwise ordered by the Court, a curative petition shall"
+"be disposed of by circulation, without any oral arguments."
+If the Bench before which the petition was circulated
+"concludes, by a majority, that the matter needs hearing, then it shall"
+"be listed before the same Bench, as far as possible."
+VII. General
+(1)Part-heard case - A part-heard case shall be listed before the same
+Bench in seisin of the case:
+Provided that if the case could not be disposed of on account of
+the retirement or non-availability of a Judge or released from part-
+"heard, it shall be listed for hearing before a Bench, subject to any"
+directions of the Chief Justice or as per roster.
+(2)Contempt Petition (Civil) - A contempt petition under Rule 3 of the
+"Rules to Regulate Proceedings for Contempt of the Supreme Court,"
+"1975, read with Articles 129 and 142(2) of the Constitution"
+complaining disobedience or non-compliance of a judgment/order
+28
+passed by the Court or wilful breach of an undertaking given to a Court
+shall be listed before the Bench which passed the judgment/order
+alleged to have been disobeyed and not complied with.
+(3)Contempt Petition (Criminal) - A contempt petition under Rules (2)
+and (3) of the Rules to Regulate Proceedings for Contempt of the
+"Supreme Court, 1975, read with Articles 129 and 142(2) of the"
+Constitution shall be listed before the Bench where contempt was
+committed in view or presence or hearing of the Court or as per the
+directions of the Chief Justice.
+"Notwithstanding anything contained in this Chapter, the"
+"Chief Justice may, by a special or general order, direct a particular"
+class or classes of cases to be listed before a particular Bench.
+29
+CHAPTER V
+"POWERS, DUTIES AND FUNCTIONS OF THE REGISTRAR"
+"The Registrar shall have the following powers, duties and functions, subject"
+to any further special or general orders of the Chief Justice:
+"1. to exercise the functions of the Secretary General, in his absence, upon"
+being nominated by the Chief Justice;
+2. to order affixation of seal on a certified copy issued by the Court;
+"3. to keep a list of all cases pending before the Court, and shall, at the"
+"commencement of each term, prepare, publish and port on the official"
+"website, a list of all cases ready for regular hearing in each class"
+"separately, to be called the ‘Terminal List’;"
+"4. to prepare, publish and port on the official website at the end of each"
+"week, a list of cases, from out of the Terminal List, to be heard in the"
+"following week, as far as possible in the order in which they appear in"
+"Terminal List, subject to the directions of the Chief Justice, if any, and out"
+"of the Weekly List, shall publish at the end of each day, a Daily List of"
+cases to be heard by the Court on the following day;
+"5. to prepare, publish and port on the official website, Advance List, Daily"
+List and Supplementary List of the admission hearing cases;
+"6. to publish such other Lists, subject to general or special orders of the"
+Chief Justice;
+"7. to require any plaint, petition of appeal, petition or other proceeding"
+presented to the Court to be amended in accordance with the practice and
+procedure of the Court or to be represented after such requisition as the
+Registrar is empowered to make in relation thereto has been complied
+with;
+"8. to fix the date of hearing of appeals, petitions or other proceedings and"
+issue notices thereof;
+9. to settle the index in cases where the record is prepared in the Court;
+10. to make an order for change of advocate on-record with the consent of the
+advocate-on-record;
+11. to direct any formal amendment of record;
+30
+12. to grant leave to inspect and search the records of the Court and order the
+"grant of copies of documents to parties to proceedings, without interfering"
+or dispensing with any mandatory requirement of the Rules;
+13. to allow from time to time on a written request any period or periods not
+exceeding twenty eight days in aggregate for furnishing information or for
+"doing any other act necessary to bring the plaint, appeal or other"
+proceeding in conformity with the Rules and practice of the Court;
+14. to require the Supreme Court Legal Services Committee to assign an
+advocate in a petition/appeal to a party in-person;
+"15. to interact with a party, who wants to appear and argue the case in-person,"
+and give opinion by way of office report whether the party in-person will
+be able to give necessary assistance to the Court for proper disposal of the
+case or an advocate may be appointed as amicus curiae;
+16. to communicate to all the High Courts and the Secretary to the Bar
+Council of India as also the Secretary of the State Bar Council concerned
+"the name of an advocate, who has been designated as a senior advocate"
+and the date on which he was so designated;
+17. to publish list of touts under Order IV Rule 14 of the Rules and port it on
+"the official website as also, by general or special order, exclude such"
+persons from the precincts of the Court whose names are included in the
+list of touts;
+"18. to pass orders, for reasons to be recorded in writing, declining to register a"
+"document, where the party fails to take any steps for removal of the defect"
+within a period not exceeding twenty eight days in aggregate under Order
+VIII Rules 6(3) and (4) of the Rules;
+"19.(i) to decide the question of, and determine, deficient or proper amount of the"
+court fee payable and if the court fee paid on account of bona fide mistake
+"is insufficient, to call upon that party to make good the deficiency within a"
+period not exceeding three months;
+(ii) to make a declaration and forward a requisition for recovery of deficient
+"court fee to the Central Government, from the person liable to pay, as"
+"arrear of land revenue, if the deficiency is not made good within a period"
+of three months;
+"20. to allow a party to any cause, appeal or matter, on an application, to search"
+"or inspect all pleadings and other documents or records in the case, on"
+payment of the prescribed fee and charges;
+31
+"21. to permit, in his discretion, any record to be sent to any Court, Tribunal or"
+"other public Authority on requisition received from such Court, Tribunal"
+or Authority;
+"22. to reconstruct the record with the approval of the Chief Justice, in case the"
+record is lost or irretrievably misplaced;
+23. to settle the decree in terms of Order XII of the Rules;
+"24. to certify the accounts every month, duly checked and tallied with the"
+monthly statements of receipts and payments received from the Pay and
+Accounts Officer of the Court;
+25. to refuse to receive a petition on the ground that it discloses no reasonable
+cause or is frivolous or contains scandalous matter under Order XV Rule 5
+of the Rules;
+"[The petitioner may, within fifteen days, impugn the order of the"
+"Registrar, by way of motion, to the Court.]"
+"26. to report to the Court, in the form of special case, as to the nature of the"
+proceedings based on a question of law and the record that may be
+necessary for discussion of the case under Order XIX Rule 5 of the Rules;
+27. to issue summons to show cause before the Court why the appeal should
+"not be dismissed for non-prosecution, if the appellant is not prosecuting"
+the appeal with due diligence;
+"28. to pass orders, who is the proper person to be substituted or entered on the"
+"record in place of, or in addition to, the party on record and the name of"
+such person shall thereupon be substituted or entered on the record:
+Provided that no such order of substitution shall be made where a
+question arises whether or not the person is the legal representative of the
+deceased party or a question involving setting aside the abatement of the
+cause is involved.
+29. to prepare roster under the directions of the Chief Justice;
+30. to accept Bank Guarantee furnished by a party “till the disposal of the
+case” under Form No.27 appended to the Rules;
+31. to order an engagement of an advocate from the panel of the Supreme
+Court Legal Services Committee or assign a panel advocate maintained by
+the Registry at the cost of the State in a jail petition/appeal;
+32
+"32. to call, wherever necessary, from the proper officer of the Court appealed"
+"from, the relevant documents for determination of the case, upon receipt"
+of the jail petition/appeal;
+"33. to direct in which of the newspapers publication, referred to in Order V"
+"Rule 20 and in the proviso to Rule 9A of Order XLV of the Code, shall be"
+"made, unless specifically directed by the Court;"
+34. to direct issue of notice by Dasti;
+35. to give notice to the Attorney General for India on receipt of a Reference
+under Article 143 of the Constitution to appear before the Court on a day
+specified in the notice to take the directions of the Court as to the parties
+who shall be served with notice of such Reference;
+36. to transmit to the President the Report of the Court after hearing of the
+Reference under Article 143 of the Constitution;
+"37. to give, in a Reference under Order XLIII of the Rules, notice to the"
+person sought to be removed from the concerned office and to the
+Attorney General for India or the Advocate General of the particular State
+"or to such person as the Statute under which the Reference is made, so"
+"provides, to appear before the Court on a day specified in the notice to"
+take directions of the Court in the matter of the inquiry in a Reference
+under Article 317(1) of the Constitution or any Statute or a Reference
+made by the Governor under any Statute;
+"38. to record evidence in a Reference, except under Article 143 of the"
+"Constitution, and in original suit under Article 131 of the Constitution,"
+wherever necessary;
+39. to place before the Chief Justice the Reference under Section 257 of the
+"Income Tax Act, 1961, for the purpose of assigning the case to a Bench of"
+not less than three Judges;
+40. to transmit a copy of the order made in a Reference under Section 257 of
+"the Income Tax Act, 1961, to the Income Tax Appellate Tribunal under the"
+seal of the Court;
+41. (a) to receive election petition under Order XLVI of the Rules relating to
+the election of the President and Vice- President under Part-III of the
+"Presidential and Vice-Presidential Elections Act, 1952;"
+33
+"(b) to require the petitioner to deposit a sum of Rs. 50,000/-, in cash or by"
+Bank draft either with himself or an officer nominated by him as security
+for the payment of all costs that may become payable by the petitioner;
+(c) to require an affidavit as regards service of notice on the Secretary to
+"the Election Commission, the Returning Officer and to the Attorney"
+General for India to be filed with him within five days of the presentation
+"of the petition or within such further time, as the Court may allow;"
+(d) to send a copy of the order made in the election petition to the Central
+Government for publication in the official gazette;
+"42. to receive, register and number a plaint presented to him and to sign the"
+"list of documents annexed thereto, if, he on examination, finds it to be"
+correct;
+43. to consider an application to be excused from compliance with the
+requirements of any of the Rules under Order LV of the Rules and to take
+instructions of the Judge in Chambers thereon and communicate the same
+"to the parties but, if, in his opinion, it is desirable that the application"
+"should be dealt with in open Court, he may direct the applicant to serve"
+the other party with a notice of motion returnable before the Court;
+44. (a) to direct any paper assigned to Part II to be transferred to Part I for
+being preserved permanently under Order LVI of the Rules;
+"(b) to decide, on a reference being made, the Part under which a record,"
+"which do not fall either under Part I or Part II as classified in the Rules,"
+should be included;
+45. to decide any dispute regarding subject category and valuation;
+46. to sign warrants of arrest; bond and bail bond after arrest under a warrant;
+"and warrant of commitment for contempt in Form Nos. II, III and IV"
+appended to the Rules to Regulate Proceedings for Contempt of the
+"Supreme Court, 1975;"
+47. to require Additional Registrar/Deputy Registrar to submit report as
+regards examination of files relating to ‘Not Ready’ cases and directions
+and guidance given to the subordinate officers/officials to make them
+‘Ready’ for being submitted to the Secretary General;
+"48. to pass orders to ‘Lodge’ a letter petition if, on scrutiny, the same is not"
+found to be covered under the Public Interest Litigation guidelines;
+34
+49. to perform any other duties as may be assigned by the Secretary General
+or the Chief Justice.
+Taxing Officer
+The Chief Justice may appoint the Registrar or such other officer as the Taxing
+"Officer of the Court, who shall decide, inter alia, the following questions relating"
+to the court fee:
+"(i) Where, in his opinion, a fee ought to be allowed for any matter not"
+"provided for in the Rules or a question arises in taxation, he may refer"
+"such matter to the Judge in Chambers for orders, wherever he considers it"
+necessary.
+"(ii) Wherever, at the stage of scrutiny, a question as regards proper court fee is"
+"raised and the document is insufficiently stamped, he shall decide such"
+question before the document or the proceeding is acted upon in the
+Registry.
+"(iii) Where, during the course of pendency of a suit, appeal or proceedings, if,"
+"on account of mistake or inadvertence, a document which ought to be"
+stamped in a certain manner has been received and acted upon without it
+"being stamped or that the court fee paid thereon initially was insufficient,"
+"he, after hearing the party, shall record a declaration to that effect and"
+determine the amount of deficiency in court fee.
+"(iv) If the court fee paid is insufficient, he, after hearing the advocate on-"
+"record or the party in-person, as the case may be, shall decide the dispute"
+"and, if required, call upon the party concerned to make good the"
+deficiency within a period not exceeding three months in any case.
+"(v) If, after the conclusion of the proceedings, the deficiency is not made"
+"good within three months of the declaration made, he shall forward a"
+requisition for recovery of the deficient court fee to the Central
+"Government, which shall recover the amount from the person liable to pay"
+as arrear of land revenue.
+"(vi) He shall allow all such costs, charges and expenses as appear to him to"
+have been necessary or proper for the attainment of justice or for
+"defending the rights of any party, and shall not allow any costs, charges"
+and expenses which appear to him to have been incurred or increased
+unnecessarily or through negligence or mistake.
+35
+Powers under Order V Rule 1 of the Rules
+The Registrar shall exercise powers of the Court under Order V Rule 1 of the
+"Rules in relation to the following matters, namely:"
+(1) Application for discovery and inspection.
+(2) Application for delivery of interrogatories.
+"(3) Application for substituted service, or for dispensing with service of"
+notice of the appeal on any of the respondents to the appeal under Rule 7
+of Order XIX.
+"(4) Application for time to plead, for production of documents, and generally"
+"relating to the conduct of cause, appeal or matter save those coming under"
+Rule 2 of the Order.
+(5) Application for leave to take documents out of the custody of the Court.
+(6) Questions arising in connection with the payment of court fees.
+(7) Application for the issue of a certificate regarding any excess court fee
+paid under a mistake.
+(8) Application for requisitioning records from the custody of any Court or
+other authority.
+(9) Application for condoning delay in paying deficit court fees.
+"(10) Application for condonation of delay in filing statement of case, provided"
+"that where the Registrar does not think fit to excuse the delay, he shall"
+refer the application to the Court for Orders.
+(11) Application for appointment and for approval of a translator or interpreter.
+(12) Application for withdrawal of appeal by an appellant prior to his lodging
+the petition of appeal.
+(13) Application for production of documents outside Court premises.
+(14) Application for payment into Court.
+"(15) Application for payment out of Court of money or security, or interest or"
+dividend on securities.
+(16) Application for extending returnable dates of warrants.
+"(17) Application for refund of security deposit or part thereof, or for payment"
+out of security deposit.
+(18) Application for directions regarding preparation of record.
+36
+"(19) Application for exemption from filing of certified copies of judgments,"
+"decrees, orders, certificates or orders granting certificate:"
+Provided that application for exemption from filing of certified
+copies of judgments or orders accompanying a special leave petition shall
+be posted before the Court along with the Special Leave Petition.
+"(20) Application for condonation of delay in re-filing, provided the delay does"
+not exceed 60 days from the date of notifying the defects.
+(21) Application for condonation of delay in filing process fee.
+"(22) Application for extension of time for filing pleadings, provided that the"
+Registrar shall not grant more than one extension for the purpose
+exceeding four weeks.
+(23) Application for cancellation of date on the written joint request of the
+"appearing parties, provided the matter has not appeared in the final cause-"
+"list, on the date of filing of application."
+(24) Office Report for renewal of Fixed Deposit Receipts and Bank
+"Guarantees, subject to directions otherwise by the Court."
+(25) Application for exemption from filing official translation.
+(26) Application for exemption from filing process fee and/or spare copies.
+(27) All uncontested Interlocutory Applications of formal nature.
+(28) Any matter which in accordance with orders or directions issued by the
+"Court, is required to be dealt with by the Registrar."
+(29) Imposing costs on the party in default of compliance of the orders passed
+by the Registrar.
+(30) Pre-final hearing matter to certify that the matter is ready in all respects to
+list the same before the Court for final hearing.
+Note
+"The Registrar may, and if so directed by the Judge in Chambers, shall, at any"
+time adjourn any matter and lay the same before the Judge in Chambers.
+37
+CHAPTER VI
+ROSTER
+1. The roster shall be prepared by the Registrar (J-I) under the orders of
+the Chief Justice. It may contain general or special instructions regarding
+assignment/allocation of work to a Bench and includes allocation of work
+"of a Bench, on account of non-availability, to another Bench."
+"2. In order to meet contingencies, the Chief Justice may, from time to"
+"time, direct the Registrar (J-I) to prepare roster instructions or"
+amendments for re-allocation of judicial work.
+3. The roster instructions and amendments shall be prepared in such
+a manner so as to ensure that no judicial time is wasted.
+"4. Where a Bench directs listing of a case before another Bench,"
+"particular Bench, appropriate Bench or larger Bench, as the case may"
+"be, the Registrar (J-I) shall place the matter before the Chief Justice for"
+orders.
+38
+CHAPTER VII
+WORKING HOURS AND VACATION
+A. Court
+"1. The Court shall sit in two terms annually, first commencing from"
+the termination of the summer vacation and ending with the day
+"immediately preceding such day in December, as the Court may fix"
+for the commencement of the Christmas and New Year holidays;
+and the second commencing from the termination of the Christmas
+and New Year holidays and ending with the commencement of the
+summer vacation.
+"2. The Benches, ordinarily, sit from 10.30 a.m. to 4.00 p.m. on"
+"Tuesday, Wednesday and Thursday and from 10.30 a.m. till the"
+work is over on Monday and Friday.
+"3. The Court shall not, ordinarily, sit on Saturday, nor any other day"
+notified as Court holiday in the Official Gazette.
+"Provided that the Court may sit on a Saturday, holiday or"
+"after Court hours on a working day, to hear a matter of urgent"
+nature under the orders of the Chief Justice.
+B. Offices of the Court
+"1. Except during vacation and on Saturdays and holidays, the offices"
+"of the Court shall, subject to any order of the Chief Justice, remain"
+open from 10.00 a.m. to 5.00 p.m. but only work of urgent nature
+shall be admitted after 4.30 p.m.
+"2. Except on days which are holidays, the offices of the Court shall"
+remain open from 10.00 a.m. to 1.00 p.m. on Saturdays but only
+work of urgent nature be admitted after 12.00 noon.
+"3. A counter, however, shall remain open from 5:00 p.m. to 7:00 p.m."
+for the purpose of filing of fresh cases where limitation expires on
+the date of filing.
+39
+C. Vacation Court
+"1. The Chief Justice may appoint one or more Judges to hear, during"
+"summer vacation or winter holidays, all matters of urgent nature"
+"which, under the Rules, may be heard by a Judge sitting singly, and,"
+"wherever necessary, may likewise appoint a Division Court for the"
+"hearing of such cases during the vacation, which are required to be"
+heard by a Bench of Judges.
+2. The Division Courts shall sit regularly during summer vacation to
+hear urgent admission matters as well as old regular hearing cases
+identified by the Registry.
+"3. The Registrar shall prepare, publish and port on the website the"
+Advance List of such cases/matters.
+"4. Ordinarily, urgent admission hearing cases shall be heard on"
+"Mondays and left over matters, if any, be included in the list of the"
+following working day. Old regular hearing cases be ordinarily
+heard from Tuesday to Friday.
+5. No admission hearing case be entertained and considered for listing
+"during vacation or holidays, unless it is, inter alia, accompanied by"
+an affidavit indicating all the material facts necessary for formation
+"of opinion about urgency, such as:"
+a) nature of the matter;
+"b) date of the impugned order, if any;"
+"c) reason for not filing it before the vacation/holidays, if the"
+impugned order was made or the cause of action arose on an
+earlier date;
+d) latest date upto which the matter can be heard in view of the
+urgency indicated; and
+e) nature of interim order sought in the matter.
+6. The following cases shall be considered as cases of urgent
+nature:
+(i) cases in which death penalty has been awarded;
+(ii) petitions for habeas corpus and matters relating to it;
+(iii) cases relating to imminent apprehension of demolition of
+40
+property;
+(iv) cases relating to dispossession/eviction;
+(v) cases relating to violation of human rights;
+(vi) cases relating to and of public importance; and
+(vii) cases seeking anticipatory bail and cases filed against order
+refusing/granting bail.
+7. The following category of cases shall not be treated as cases of
+urgent nature for listing during vacation or holidays:
+(i) cases arising out of interlocutory orders;
+(ii) cases relating to remand orders;
+"(iii) cases relating to pre-deposit of tax, penalty, etc., under"
+specified statutes;
+(iv) cases arising out of life sentence or sentences for more than
+one year;
+"(v) service matters involving transfer and/or reversion, dismissal"
+and removal from service;
+"(vi) transport matters, except those relating to cancellation of"
+permits and requiring urgent interim orders; and
+(vii) cases relating to decrees and their execution.
+"8. Notwithstanding anything contained hereinabove, the Chief"
+"Justice may, by a special or general order, constitute a Bench of"
+any composition and direct a particular case or a particular class
+or classes of cases to be listed before a particular Bench.
+D. Vacation Officer
+1. A Vacation Officer shall be appointed for each month and his
+"name, address and telephone numbers be ported on the website for"
+"the purpose of hearing cases of urgent nature on a Saturday, holiday"
+or after court hours on a working day.
+2. The procedure for consideration and listing of cases of urgent
+nature during the summer vacation and holidays shall apply
+mutatis mutandis to cases of urgent nature under clause (1)
+above.
+41
+CHAPTER VIII
+"ADVOCATE, VAKALATNAMA AND MEMO OF APPEARANCE"
+I. Advocate on-Record
+"(a) An advocate on-record shall, on his filing a memorandum of"
+appearance on behalf of a party accompanied by a vakalatnama
+"duly executed by the party, be entitled--"
+(i) to act as well as to plead for the party in the case and to
+conduct and prosecute before the Court all proceedings that
+may be taken in respect of the said case or any application or
+miscellaneous application connected with the same or any
+"decree or order passed therein, including proceedings in"
+"taxation, applications for review and curative petitions; and"
+(ii) to deposit and receive money on behalf of the said party.
+(b) No advocate other than an advocate on-record shall be entitled to
+file an appearance or act for a party in the Court.
+(c) Every advocate on-record shall keep such books of account as may
+be necessary to show and distinguish in connection with his
+practice as an advocate on-record--
+(i) moneys received from or on account of and the moneys paid
+to or on account of each of his clients; and
+(ii) the moneys received and the moneys paid on his own
+account.
+"(d) Every advocate on-record shall, before taxation of the Bill of Costs,"
+file with the Taxing Officer a certificate showing the amount of fee
+paid to him or agreed to be paid to him by his client.
+(e) No person having an advocate on-record shall file a vakalatnama
+authorizing another advocate on-record to act for him in the same
+case save with the consent of the former advocate on-record or by
+"leave of the Judge in Chambers, unless the former advocate on-"
+"record is dead, or is unable, by reason of infirmity of mind or body,"
+to continue to act.
+42
+"(f) Where a party changes his advocate on-record, the new advocate"
+on-record shall give notice of the change to all other parties
+appearing in the case.
+"(g) No advocate on-record may, without the leave of the Court,"
+withdraw from the conduct of any case by reason only of non-
+payment of fees by his client.
+"(h) An advocate on-record who, on being designated as a senior"
+"advocate or on being appointed as a Judge or for any other reason,"
+cease to be an advocate on-record for any party in a case shall
+forthwith inform the party concerned that he has ceased to represent
+the said party as advocate on-record in the case.
+(i) No person having an advocate on-record shall be heard in-person
+save by special leave of the Court.
+"(j) No advocate on-record shall authorize any person whatsoever,"
+"except another advocate on-record, to act for him in any case."
+(k) No advocate other than the advocate on-record for a party shall
+"appear, plead and address the Court in a case unless he is instructed"
+by the advocate on-record or permitted by the Court.
+(l) An advocate on-record shall be personally liable to the Court for the
+due payment of all fees and charges payable to the Court.
+(m) An advocate on-record shall notify to the Registrar his/her eMail
+address and the address of his office in Delhi and every change of
+"such address, and any notice, writ, summons, or other document"
+sent on such eMail address or served on him or his clerk at the
+address so notified by him shall be deemed to have been properly
+served.
+(n) An advocate on-record shall not involve in mere name lending
+without any further participation in the proceedings of the case as it
+would constitute misconduct or conduct unbecoming of an advocate
+on-record.
+43
+II. Advocate
+"(i) Subject to the provisions of the Rules, an advocate, whose name is"
+entered on the roll of any State Bar Council maintained under the
+"Advocates Act, 1961 (25 of 1961), as amended, shall be entitled to"
+appear before the Court.
+Provided that an advocate whose name is entered on the roll
+"of any State Bar Council maintained under the Advocates Act,"
+"1961, for less than one year, shall be entitled to mention cases in"
+"Court for the limited purpose of asking for time, date, adjournment"
+"and similar such orders, but shall not be entitled to address the"
+Court for the purpose of any effective hearing:
+"Provided further that the Court may, if it thinks desirable to"
+"do so for any reason, permit any person to appear and address the"
+Court in a particular case.
+"(ii) An advocate, other than a senior advocate, may, on his fulfilling the"
+"conditions laid down in Order IV Rule 5 of the Rules, be registered"
+in the Court as an advocate on-record.
+III. Senior Advocate
+"(i) The Chief Justice and the Judges may, with the consent of the"
+"advocate, designate an advocate as senior advocate if, in their"
+"opinion, by virtue of his ability, standing at the Bar or special"
+"knowledge or experience in law, the said advocate deserves such a"
+distinction.
+"(ii) A senior advocate, on being so designated, shall not appear as"
+senior advocate till he reports to the Registry that parties
+represented by him earlier as advocate on-record have been
+informed about his designation as senior advocate and that
+necessary arrangements have been made for the parties to make
+appearance before the Court in all the cases represented by him till
+then.
+44
+A senior advocate shall not--
+(i) file a vakalatnama or act in any Court or Tribunal in India;
+(ii) appear without an advocate on-record in the Court or without a
+junior in any other Court or Tribunal in India;
+"(iii) accept instructions to draw pleadings or affidavit, advise on"
+evidence or do any drafting work of an analogous kind in any Court
+or Tribunal in India or undertake conveyancing work of any kind
+whatsoever but this prohibition shall not extend to settling any such
+matter as aforesaid in consultation with a junior; and
+(iv) accept directly from a client any brief or instructions to appear in
+any Court or Tribunal in India.
+Note
+Every advocate appearing before the Court shall wear such robes and
+"costumes as may, from time to time, be directed by the Court."
+III. Vakalatnama
+"(a) Every vakalatnama in any cause, appeal or matter shall be executed by"
+the party:
+"Provided that a person, other than a party to the cause, appeal or"
+"matter, may file vakalatnama on the basis of Power of Attorney but"
+shall annex original Power of Attorney with the vakalatnama.
+(b) A vakalatnama filed by the State or its instrumentality under Article
+12 of the Constitution or any body corporate shall be signed by the
+appropriate authority with official seal.
+(c) A vakalatnama shall –
+(i) be filed on demy-foolscap size paper and one side of the
+paper be used;
+"(ii) mention the name, age, father’s name and address of the"
+person(s) appointing the advocate as also the serial number in
+the array of parties;
+"(iii) contain State Bar Council Enrolment Number, postal"
+"address, telephone number, mobile number, eMail address"
+45
+and registration number of the advocate on-record accepting
+"the vakalatnama, for service;"
+(iv) mention name of the person(s) executing the vakalatnama
+"and advocate accepting the same, below their respective"
+signatures;
+(d) The Advocates Welfare Fund Stamp shall be pasted on the header of
+"the vakalatnama, without covering any part of the text."
+"(e) Wherever a vakalatnama is found to be defective in any respect,"
+the case in which it has been filed shall be dealt with as a defective
+case.
+(f) Where the vakalatnama is executed in the presence of the advocate
+"on-record, he shall certify that it was executed in his presence."
+(g) Where the advocate on-record merely accepts the vakalatnama
+which is already duly executed in the presence of a Notary or an
+"advocate, he shall make an endorsement thereon that he has"
+satisfied himself about the due execution of the vakalatnama.
+IV. Memo of Appearance
+"(i) A memo of appearance shall, inter alia, consist of a declaration"
+"signed by the advocate on-record that he has been authorized,"
+"instructed and engaged to appear, act and plead for the party."
+"(ii) Where the party has personally authorized, instructed and engaged"
+"the advocate on-record, memo of appearance shall be counter-"
+"signed by the party. Where the party is illiterate, thumb impression"
+or other mark of the party on the memo of appearance shall be
+"attested by at least two literate witnesses, who shall furnish their"
+"names and addresses, including police station in case of a criminal"
+matter.
+"(iii) Where a person, other than a party to the cause, appeal or matter,"
+"has authorized, instructed and engaged the advocate on-record on"
+"behalf of a party, the memo of appearance shall be accompanied by"
+the Power of Attorney signed by the party authorizing such person
+"to authorize, engage and instruct an advocate on-record to appear,"
+46
+act and plead on his behalf. Such Power of Attorney shall clearly
+state the nature of relationship of such person with the party.
+"(iv) If such authorization is not accompanied by Power of Attorney, the"
+matter shall be dealt with as a defective case.
+General
+Constituted Attorney cannot appear before the Court in a case.
+47
+CHAPTER IX
+AFFIDAVITS
+"1. An affidavit for the purpose of any cause, appeal or matter before"
+the Court may be sworn before a Notary or any authority mentioned
+in Section 139 of the Code or before a Registrar of the Court duly
+"authorized in this behalf by the Chief Justice, or before an Oath"
+Commissioner generally or specially authorized in that behalf by
+the Chief Justice.
+2. Every affidavit shall be headed “In the Supreme Court of India” and
+"shall be filed in the cause, appeal or matter for which it is sworn."
+"3. Every affidavit shall be drawn up in the first person, and shall be"
+"divided into paragraphs to be numbered consecutively, and shall"
+"state the description, occupation, if any, and the true place of abode"
+of the deponent.
+Every person or place referred to in an affidavit shall be fully
+described in such a manner so as to clearly establish the identity.
+4. An affidavit shall be confined to such facts as the deponent is able
+"of his own knowledge to prove, except on interlocutory applications"
+"or miscellaneous applications, on which statements of his belief"
+"may be admitted, provided that the grounds thereof are stated."
+5. An affidavit requiring interpretation to the deponent shall be
+"interpreted by an interpreter nominated or approved by the Court, if"
+"made within the State of Delhi, and if made elsewhere, shall be"
+interpreted by a competent person who shall certify that he has
+correctly interpreted the affidavit to the deponent.
+"6. Where the deponent is a pardahnashin lady, she shall affirm or take"
+"oath before a lady Registrar of this Court, which shall include an"
+"Additional Registrar, duly authorized by the Chief Justice, or before"
+"a lady Oath Commissioner, and shall also be identified by a person"
+to whom she is known and the person shall prove the identification
+by a separate affidavit.
+7. Every exhibit annexed to an affidavit shall be marked with the title
+"and number of the cause, appeal or matter and shall be initialled and"
+48
+dated by the authority before whom it is sworn.
+"8. No affidavit having any interlineation, alteration or erasure shall be"
+filed in Court unless the interlineation or alteration is initialled or
+"unless, in the case of an erasure, the words or figures written on the"
+erasure are rewritten in the margin and initialled by the authority
+before whom the affidavit is sworn.
+"No correction in the affidavit after filing shall be permitted, except"
+on an application supported by affidavit of the affiant. Such
+correction shall be made in the case of --
+"(i) an affidavit, by filing a fresh affidavit of the affiant; and"
+"(ii) a document, by the party or advocate providing the"
+document.
+"9. An affidavit may be refused to be received by the Registrar where,"
+"in his opinion, the interlineations, alterations, or erasures are so"
+numerous as to make it expedient that the affidavit should be
+rewritten.
+"10. Where a special time has been limited for filing affidavits, no"
+"affidavit filed after that time shall be used, except by leave of the"
+Court.
+"11. Where an affidavit is filed in a pending case, it shall mention the case"
+number and names of the first party on either side.
+"12. In the verification of petitions, pleadings or other proceedings,"
+statements based on personal knowledge shall be distinguished
+from the statements based on information and belief. In the case of
+"statements based on information, the deponent shall disclose the"
+"source of his information, including official records."
+13. In case of affidavits filed in respect of a minor or a person of
+"unsound mind under Order VII of the Rules, the proposed"
+guardian/affiant shall state “that he has no interest in the matter in
+question in the appeal or petition adverse to that of the minor and
+that he is a fit and proper person to be so appointed”. The affidavit
+shall also state –
+49
+(a) that the affiant has obtained consent of the person proposed
+to be appointed as guardian for the case and that the latter
+has consented to act as such;
+(b) whether the minor has an appointed guardian or declared
+"guardian, and if so, who that person is;"
+"(c) if not, who is the natural guardian, and in the absence of a"
+"natural guardian, who actually has the custody of the minor;"
+and
+(d) where any person other than one of the above is proposed
+"as guardian for the suit, the reason for not proposing the"
+person omitted.
+14. Nothing in this Chapter shall be deemed to limit the power of the
+Court to call for an affidavit in any case and to strike out from the
+"affidavit any averment which is scandalous, frivolous, vexatious and"
+irrelevant or which is otherwise an abuse of the process of the Court
+at the cost of the offending party.
+15. The affidavit accompanying a petition for review made upon the
+ground of the discovery of new and important matter of evidence
+within the meaning of Order XLVII Rule 1 of the Code shall state
+"in clear terms what such new and important matter of evidence is,"
+"the effect or purport thereof and that the same, after the exercise"
+"of due diligence, was not within the knowledge of the petitioner"
+or could not be produced by him at the time when the order was
+"made or the judgment was delivered. The documents, if any, relied"
+upon shall be annexed to the petition.
+"16. The affidavit, accompanying a main case, an interlocutory"
+application or a miscellaneous application dismissed for -
+"(i) default of appearance, or"
+"(ii) failure to take any step within the specified time,"
+(a) shall state the circumstances under which such
+"default was made, and"
+(b) whether or not the party whose main case or
+interlocutory application or miscellaneous
+50
+"application was dismissed, had previous to such"
+"dismissal, engaged an advocate to conduct the main"
+case or interlocutory application or miscellaneous
+application.
+17. ‘Affidavit’ includes a petition or other document required to be
+sworn or verified and ‘sworn’ includes affirmed.
+"18. The affidavit, accompanying a curative petition, shall state in clear"
+terms that the petition is governed by the judgment of the Court in
+the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr.[2002 (4)
+SCC 388].
+51
+CHAPTER X
+PREPARATION FOR FILING OF CASES
+1. Every main case shall be accompanied by a ‘computer sheet’ in
+"Form No.31, on demy-foolscap size or standard A4 size paper,"
+"duly filled in by the plaintiff, petitioner, appellant or by his"
+"advocate on-record or by his duly authorised agent, containing"
+following information--
+(i) Class of the Case;
+(ii) Case number (to be filled by the Registry);
+(iii) Name of the first party on either side;
+(iv) Date of filing;
+(v) Date of Registration (to be filled by the Registry);
+(vi) Subject Matter;
+(vii) Provision of law;
+(viii) Subject Category Code (as per Annexure);
+(ix) Name and State Bar Council Enrolment Number as also
+Advocate on-record Registration Number;
+"(x) Particulars of the High Court, lower Court, Authority or"
+Tribunal etc.;
+"a) name,"
+"b) designation,"
+"c) case, file/order number,"
+d) date of impugned judgment/order.
+(xi) Whether the party is desirous of getting the matter settled
+through any of the alternative modes of dispute resolution;
+"(xii) Caveat notice, whether received;"
+(xiii) Name and signature of the advocate on-record filing the
+main case.
+"2. Every plaint, petition, application and other document shall be"
+"presented by the plaintiff, petitioner, applicant, appellant, defendant"
+or respondent in-person or by his duly authorised agent or by an
+advocate on-record duly appointed by him for the purpose.
+"3. No plaint, petition, appeal, application, pleading, affidavit or other"
+"document, except original exhibits and certified copies of public"
+"documents, shall be received, unless it is fairly and legibly written,"
+"type-written or lithographed in double-line spacing, on one side of"
+52
+"standard petition paper, demy-foolscap size, or of the size of 29.7"
+"cm x 21 cm, or paper, which is ordinarily used in the High Courts"
+for the purpose.
+"4. Copies filed for the use of the Court shall be neat, clear, sharp and"
+"legible without any inter-lining, encircling or unwanted remark on"
+the documents. They shall be certified to be true copies by the
+"advocate on-record or by the party in-person, as the case may be."
+5. No document in language other than English shall be used for the
+"purpose of any proceedings before the Court, unless it is"
+accompanied by:
+(a) a translation agreed to by both parties; or
+(b) a translation certified to be true translation by a translator
+appointed by the Court; or
+(c) the said document is translated by a translator appointed or
+approved and notified by the Court.
+"6. Every memorandum of appeal, petition or application, shall be"
+headed “In the Supreme Court of India”.
+"7. Immediately below the heading, the jurisdiction, case number and"
+the cause title under which the main case is filed shall be
+mentioned in that order.
+"8(i) In a pending main case, no interlocutory application, affidavit in"
+"opposition, rejoinder affidavit, affidavit or any other document shall"
+"be filed, unless a copy thereof has been previously served on the"
+"advocate on-record, or his registered clerk, of the opposite party or"
+"parties, as the case may be, or party in-person, who has entered"
+appearance.
+The advocate on-record or his registered clerk served with such
+copy shall acknowledge the receipt of the same by endorsement on
+"the filing memo, writing his full name below the signature along"
+with registration number and phone number.
+(ii)(a) A notice of motion shall be instituted in the suit or case in which the
+application seeking ad interim ex-parte relief is intended to be made
+and shall state the time and place of application and the nature of
+the order sought.
+53
+(b) It shall be addressed to the party or parties intended to be affected
+"by it, unless represented by an advocate on-record, in which case it"
+shall be addressed to the advocate on-record.
+(c) It shall be signed by the advocate on-record of the party instituting
+the motion or by the party in-person.
+Note
+"Where the Court orders filing of an affidavit, a copy of the"
+affidavit so filed shall be served on the advocate on-record of the
+"opposite party or his registered clerk or the party in-person, as the"
+"case may be, a week before the date of hearing or within such time,"
+as may be specified by the Court or Rules or otherwise required in
+the given situation:
+Provided that where the advocate on-record for the
+opposite party or his registered clerk or party in-person refuses
+"to accept a copy, he may record his reasons for such refusal on"
+the filing memo.
+"(iii) No interlocutory application, affidavit in opposition, rejoinder"
+"affidavit, affidavit or document, shall be accepted at the Filing"
+"Counter without such acknowledgement, receipt or endorsement"
+and no undertaking to effect the service later shall be entertained.
+CIVIL MATTERS
+The cause title of every memorandum of appeal or petition shall
+contain--
+"(1) the name, description, registered address, fax number with"
+"S.T.D. code and eMail address, if any, of each appellant,"
+"petitioner or applicant, as the case may be, where such appellant,"
+petitioner or applicant is a private person;
+"(2) the name, description, registered address, fax number"
+"with S.T.D. code and eMail address, if known, of each person"
+"arrayed as respondent or opposite party, where such respondent"
+or opposite party is a private person;
+"(3) the status (whether plaintiff, defendant, petitioner, appellant,"
+"respondent, applicant or non-applicant, etc.) of the parties in the"
+54
+Court(s) below;
+"(4) the status (whether plaintiff, defendant, petitioner, appellant,"
+"respondent, applicant or non-applicant, etc.) of the parties in"
+"appeal, petition, suit, or application in the case of review or"
+"curative petition, as the case may be."
+Arbitration Petition
+"1. A petition under Section 11(5) of the Arbitration and Conciliation Act,"
+"1996, read with the Appointment of Arbitrators by the Chief Justice of"
+"India Scheme, 1996, shall set out concisely, in separate paragraphs,"
+"facts and particulars of the case in chronological order. It shall, inter"
+"alia, be accompanied by –"
+(a) the original arbitration agreement or a duly certified copy
+thereof;
+(b) the names and addresses of the parties to the arbitration
+agreement;
+"(c) the names and address of the Arbitrators, if any, already"
+appointed;
+"(d) the name and address of the person or institution, if any, to"
+whom or which any function has been entrusted by the parties
+to the arbitration agreement under the appointment procedure
+agreed upon by them;
+"(e) the qualifications required, if any, of the arbitrators by the"
+agreement of the parties;
+(f) a brief written statement describing the general nature of the
+dispute and the points at issue;
+(g) the relief or remedy sought; and
+"(h) an affidavit, supported by the relevant document, to the effect"
+that the condition to be satisfied under sub-section (4) or sub-
+"section (5) or sub-section (6) of Section 11, as the case may be,"
+"before making the petition, has been satisfied."
+(i) The petition shall be lodged along with five copies of the
+petition and all the documents which accompany it;
+"2. The petitioner shall deposit, along with the petition, an amount of"
+"Rs.15,000/- towards the costs involved in processing the petition."
+55
+Civil Appeal
+"1. Every memo of petition of appeal, with necessary modifications"
+"and adaptation, shall be filed in Form No.28. No separate"
+"application for interim relief shall be filed and interim prayer, if"
+"any, shall be incorporated in the Form."
+"2. The petition of appeal, shall recite succinctly and in chronological"
+"order with relevant dates, the principal steps in the proceedings"
+leading up to the appeal from the commencement thereof till the
+grant of the certificate of leave to appeal to the Court or all the
+"relevant facts leading up to the order appealed from/complained of,"
+"as the case may be, and shall state the grounds on which the"
+judgment under appeal is assailed.
+3. The petition of appeal shall state the amount or value of the
+subject-matter of the suit or case in the Court of first instance
+"and in the High Court, and the amount or value of the subject-"
+matter in dispute before the Court with particulars showing how
+the said valuation has been arrived at. Where the appeal is
+"incapable of valuation, it shall be so stated:"
+Provided that an appeal under Section 23 of the Consumer
+"Protection Act, 1986 (68 of 1986) shall be accompanied by a Bank"
+"draft for Rupees fifty thousand or fifty percent of the amount,"
+"whichever is less, required to be paid by the person intending to"
+"appeal, in terms of the order of the National Consumer Disputes"
+"Redressal Commission, drawn in favour of the Registrar, Supreme"
+"Court of India, payable at New Delhi:"
+"Provided further that in case of appeal by indigent person, it"
+shall be accompanied by an affidavit from the appellant disclosing
+all the property to which he is entitled and the value thereof other
+than his necessary wearing apparel and his interest in the subject-
+matter of the intended appeal and stating that he is unable to
+provide security or surety for the cost of respondent and pay Court
+fees.
+4. The petition of appeal shall be accompanied by a certified copy of–
+56
+(i) judgment and decree or order appealed from or authenticated
+"copy of the order complained of, as the case may be;"
+(ii) certificate granted by the High Court under Order XIX of the
+Rules; and
+(iii) the order granting the said certificate.
+"In cases where, according to the practice prevailing in the High"
+"Court, the decree or order is not required to be drawn up, it shall be"
+so stated upon affidavit.
+5. In appeals falling under any of the categories enumerated in Order
+"XIX Rule 6 of the Rules, however, in addition to the documents"
+"mentioned above, a certified copy (or uncertified copy, if such copy"
+is affirmed to be true copy upon affidavit) of the judgment or order
+and also of the decree of the Court immediately below or such a
+"copy of the order of the Tribunal, Government Authority or person,"
+"as the case may be, shall also be filed."
+Note
+The following categories of appeals have been enumerated in Order
+XIX Rule 6 of the Rules:
+"(a) an appeal from any judgment, decree or final order of a High"
+"Court summarily dismissing the appeal or the matter, as the"
+"case may be, before it;"
+(b) an appeal on a certificate granted by a High Court under
+Article 134A of the Constitution being a certificate of the
+nature referred to in clause (1) of Article 132 or clause (1) of
+Article 133 of the Constitution or under any other provision
+of law if the High Court has not recorded the reasons or the
+grounds for granting the certificate.
+(c) an appeal under clause (b) of sub-section (1) of Section 19 of
+"the Contempt of Courts Act, 1971 (70 of 1971)."
+6. Where at any time between the grant of Certificate under Article
+134A of the Constitution for leave to appeal to the Court or making
+"of the impugned judgment and order, as the case may be, and the"
+"filing of the petition of appeal, any party to the proceeding in the"
+57
+"Court below dies, the petition of appeal may be filed by or against"
+"the legal representative, as the case may be, of the deceased party:"
+Provided that the petition of appeal is accompanied by a
+"separate application, duly supported by an affidavit, praying for"
+bringing on record such person as the legal representative of the
+deceased party and setting out the facts showing him to be the
+proper person to be entered on the record as such legal
+representative.
+7. Any grounds which can be raised only with the leave of the Court
+may be raised by filing a separate application seeking leave to
+appeal on those grounds.
+Election Petition
+1. A petition calling in question an election of the President or the
+Vice-President may be made on one or more of the grounds
+specified in sub-section (1) of Section 18 and Section 19 of the
+"Presidential and Vice-Presidential Elections Act, 1952 (31 of"
+"1952) by any candidate at such election, or by twenty or more"
+electors joined together as petitioners in the case of Presidential
+"or Vice-Presidential election, as the case may be."
+2. The petitioner shall state the right of the petitioner under the Act
+and briefly set forth the facts and grounds relied on by him to
+sustain the relief or reliefs claimed by him.
+"3. The petition shall be divided into paragraphs, numbered"
+"consecutively, each paragraph being confined to a distinct portion"
+of the subject and shall be printed or typed legibly on one side of
+standard A-4 size paper.
+4. The allegations of fact contained in the petition shall be verified by
+an affidavit to be made personally by the petitioner or by one of the
+"petitioners, if more than one:"
+Provided that where the petitioner is unable to make such
+"affidavit by reason of absence, illness or other sufficient cause, it"
+"may, with the sanction of the Judge in Chambers to be given at the"
+"time of the presentation of the petition, be made by any person duly"
+58
+authorised by the petitioner and competent to make the same.
+5. Every petition calling in question an election shall bear a certificate
+from a senior advocate to the effect that the petition discloses one or
+more substantial questions for challenging the election of the
+"President or the Vice-President, as the case may be."
+"6. Upon the presentation of the petition, the petitioner shall deposit a"
+sum of Rupees fifty thousand in cash or by bank draft with the
+Registrar or officer nominated by him as security for the payment
+of all costs that may become payable by the petitioner.
+"The election petition shall be prepared, processed, listed and"
+heard in accordance with Order XLVI of the Rules.
+Reference
+1. The President may refer a question of law or fact of public
+importance which has arisen or is likely to arise or a dispute of the
+kind mentioned in the proviso to Article 131 of the Constitution to
+the Court under Article 143 of the Constitution read with Order
+XLII of the Rules to obtain the opinion of the Court.
+2. The President under Article 317(1) of the Constitution or any
+Statute or the Governor under any Statute read with Order XLIII of
+the Rules may make a Reference containing grounds for inquiry
+"and the charges against the person sought to be removed, along with"
+"the documents relied upon, in the matter of the inquiry."
+"3. The Central Government or Statutory Tribunal, as the case may be,"
+"may, under the provisions of any Act enabling such a Reference,"
+make a Reference to the Court under Order XLIV of the Rules
+"containing, inter alia, all the relevant facts of the case, definite"
+charges against the person sought to be removed from the
+concerned office by virtue of the enabling provision for such
+removal and the statement of grounds on which each such charge is
+based.
+"Along with the order of Reference, seven copies thereof and"
+eight copies of the transcript in English of the documents relating to
+"the grounds on which the removal of the person is sought, one of"
+"which shall be duly authenticated, shall be transmitted to the Court."
+59
+"4.(a) The Income Tax Appellate Tribunal, through its President, may"
+make a Reference in the form of Statement of Case under Section
+"257 of the Income Tax Act, 1961, read with Order XLV of the Rules"
+containing numbered paragraphs setting out all relevant facts and
+"proceedings, having a bearing on the question(s) raised in"
+chronological order with relevant dates. It shall contain an account
+of the conflict in the decisions of the High Courts necessitating the
+Reference.
+"(b) Along with the order of Reference, the following documents shall"
+be submitted:
+(i) A copy of the order of the Income Tax Officer;
+(ii) Memorandum of appeal to the Appellate Assistant
+Commissioner;
+(iii) A copy of the order of the Appellate Assistant Commissioner;
+(iv) Memorandum of appeal to the Appellate Tribunal;
+(v) A copy of the order of the Income Tax Appellate Tribunal
+"under Section 254 of the Income Tax Act, 1961;"
+(vi) A copy of the application for reference under Section 256 of
+"the Income Tax Act, 1961; and"
+"(vii) Such other documents, as, in the opinion of the Income Tax"
+"Appellate Tribunal, may be required by the Supreme Court at"
+the hearing of the reference.
+(c) The Tribunal shall transmit to the Court three copies of the
+"transcript in English of the documents, one of which shall be duly"
+authenticated.
+Note
+"The References shall be forwarded to, and received by, the"
+Registrar of the Court.
+Petition for Special Leave to Appeal
+1.(a) The petition for special leave to appeal invoking the extra-ordinary
+appellate jurisdiction under Article 136 of the Constitution read
+with Order XXI of the Rules shall be filed in Form No. 28. No
+separate application for interim relief need be filed and interim
+"prayer, if any, be incorporated in the Form."
+(b) The petition shall be accompanied by-
+60
+(i) a certified copy of the judgment or order appealed from; and
+(ii) an affidavit in support of the statement of facts contained in
+the petition.
+(c) It shall be accompanied by list of dates in chronological order with
+relevant material facts or events pertaining to each of the dates.
+(d) It shall be confined only to the pleadings before the Court/Tribunal
+"whose order is challenged. Additional grounds may, however, be"
+urged with due notice to the respondent and with leave of the Court.
+"(e) (i) Copies of such petition/documents, which were part of the record"
+"in the case before the Court/Tribunal below, as may be necessary to"
+answer the question of law arising for consideration in the petition
+"or to make out the grounds urged in the petition, may be produced"
+as annexures to the petition. The documents filed as annexures
+shall be arranged in chronological order and numbered as Annexure
+"1, 2, 3 and so on and shall indicate page numbers. They shall be"
+indexed separately and not collectively.
+(ii) The petitioner may produce any document not part of the
+records in the Court/Tribunal below by making a separate
+application seeking leave of the Court to produce additional
+document stating the reasons for not producing it in the
+Court/Tribunal below and the necessity for its production in the
+Court.
+(iii) The English version of the relevant provisions of the
+"Constitution, statutes, ordinances, rules, regulations, bye laws,"
+"orders, etc., referred to in the impugned judgment or order, shall be"
+filed as appendix to the petition.
+(f) Every petition shall be supported by the affidavit of the petitioners
+"or one of the petitioners, as the case may be, or by any person"
+authorized by the petitioner in which the deponent shall state that
+the facts stated in the petition are true and the statement of dates
+and facts furnished along with the petition are true to his knowledge
+and/or information and belief.
+2. No petition shall be entertained by the Registry unless it contains a
+statement as to whether the petitioner had filed any petition for
+61
+special leave to appeal against the impugned judgment or order
+"earlier and, if so, with what result, duly supported by an affidavit of"
+the petitioner or his pairokar only.
+3. The petition shall contain a statement as to whether the matter was
+"contested in the Court appealed from and if so, the full name and"
+address of all the contesting parties shall be given in the statement
+of facts in the petition.
+4. It shall contain a statement as to whether a letters patent appeal or
+writ appeal lies against the impugned judgment or order and
+whether the said remedy has been availed.
+5. No annexures to the petition shall be accepted unless they are
+certified copies of documents which have formed part of the record
+of the case in the Court appealed from:
+Provided that uncertified copies of documents may be
+"accepted as annexures, if such copies are affirmed to be true copies"
+upon affidavit.
+6. Where any person is sought to be impleaded in the petition as the
+legal representative of any party to the proceedings in the Court
+"below, the petition shall contain a prayer for bringing on record"
+such person as the legal representative and shall be supported by an
+affidavit setting out the facts showing him to be the proper person
+to be entered on the record as such legal representative.
+7. Where at any time between the filing of the petition and the hearing
+"thereof, the record becomes defective by reason of the death or"
+"change of status of a party to the appeal or for any other reason, an"
+application shall be made to the Court stating who is the proper
+person to be substituted or entered on the record in place of or in
+addition to the party on record.
+8. The petition shall state the amount or value of the subject-matter
+in the same terms as stated in clause 3 of the civil appeal
+hereinbefore.
+"9. In cases relating to Motor Vehicles Act, 1988, the following"
+particulars shall be furnished:
+62
+(i) Particulars of the Award:
+(a) Case number: .……………….
+(b) Date of the Award: .…………
+(c) Award passed under Section 163-A/166 of the Motor
+"Vehicles Act, 1988:"
+(d) Name of the Member: .……………..
+(e) Designation and place of sitting of the Tribunal: .….
+(ii) Particulars of the Accident:
+(a) Time and date : .….……………
+(b) Place : .……………….. ……
+Near Village/Locality : .…………
+Tehsil and District : .…………….
+(iii) Particulars of the offending vehicle:
+1. Registration No. ………………….
+2. Kind of Vehicle .………………….
+3. Owned by. ….…………..(Appellant/Respondent No.)
+4. Driven by……...………..(Appellant/Respondent No.)
+5. Insured with ….………. (Appellant/Respondent No.)
+(iv) Name and description of the injured/deceased person:
+1. Name ………………………………………
+2. Age.………………………………………..
+3. Father’s/husband’s name .…………………
+4. Occupation ..…………………………..….
+5. Address ……………………………………
+(v) (1) In fatal accident cases:
+(a) Annual income of the deceased: Rs………….….
+(As adjudged by the Tribunal)
+(b) Annual dependency of the claimant Rs……….…
+(As assessed by the Tribunal)
+(c) Multiplier applied by the Tribunal ……………….
+(d) Number of dependants and their
+relationship with deceased ……………………….
+(e) Amount of compensation Rs………………...
+awarded by Tribunal
+(f) Payable by ………………………………….
+(2) In non-fatal accident cases :
+(a) Nature of injuries suffered …………………….
+63
+with percentage of disability
+(As adjudged by Tribunal)
+(b) Amount of expenses on treatment Rs………...
+awarded by the Tribunal
+(c) Amount of damages as loss of Rs……………
+"Income, awarded by Tribunal"
+(d) Amount of general damages Rs……………...
+awarded by Tribunal
+(e) Total compensation awarded Rs……………...
+(f) Payable by………………...
+(3) In cases of damage to property:
+(a) Particulars of Property………………………..
+(b) Nature of damage to the Property…………….
+(As adjudged by Tribunal)
+(c) Total compensation awarded …………………
+(d) Payable by …………………………………..
+(vi) Details of Interest awarded by the Tribunal:
+(1) Date from which interest is awarded………………….
+(2) Rate at which interest has been awarded………….…%
+(vii) (1) Total amount of compensation awarded by High
+Court.
+(2) Date from which interest awarded…………………….
+(3) Rate at which interest has been awarded....…………%
+(4) Multiplier applied by the High Court……………….
+(5) Gross total………………….
+"(6) Amount, if any, already paid to the claimant(s)"
+………..
+(viii) Relief Claimed in appeal:
+(1) Enhancement/Reduction of
+amount of compensation by Rs.……………….
+(2) Exoneration/liability of insurer ……………………….
+(3) Award of interest at the rate of……………………%
+(4) Any other relief
+Original Suit
+1. A suit shall be instituted by the presentation of a plaint to the
+Registrar under Order XXVI of the Rules.
+64
+2. Two or more plaintiffs may join in one suit in whom any
+right to relief in respect of or arising out of the same act or
+transaction or series of acts or transactions is alleged to exist.
+Similar shall be the case with defendants against whom any
+right to relief is alleged to exist.
+3. A plaint shall contain the following particulars --
+(a) names of the plaintiff and of the defendant;
+(b) facts constituting the cause of action and when it arose;
+(c) facts showing that the Court has jurisdiction; and
+(d) declaration or relief which the plaintiff claims.
+"4. The plaintiff shall endorse on the plaint, or annex thereto a"
+"list of the documents, if any, which he has produced along"
+with it.
+5. Every pleading shall contain only a statement in a concise
+"form of the material facts on which the party pleading relies,"
+"but not the evidence by which those facts are to be proved,"
+"nor any argumentative matter, and shall be divided into"
+paragraphs numbered consecutively.
+6. Every pleading shall be signed by an advocate-on-record on
+behalf of the Attorney General for India or by an advocate-
+"on-record on behalf of the Advocate General for the State, as"
+the case may be.
+Note
+"Under Order XXIX of the Rules, ‘pleading’ means plaint or written"
+statement.
+Transfer Petition
+1. (i) A petition under Article 139A(1) of the Constitution read with
+"Order XL of the Rules shall set out concisely, in separate"
+paragraphs --
+"(a) facts and particulars of the cases, pending before the"
+"Supreme Court and one or more High Courts or, as the case"
+"may be, before two or more High Courts;"
+65
+(b) names and addresses of the parties;
+(c) question(s) of law involved; and
+(d) statement that the same or substantially the same questions of
+law are involved in all the cases and that such questions are
+substantial questions of general importance.
+(ii) (a) In the case of a petition made by the Attorney General for
+"India, no affidavit shall be necessary in support of the"
+petition but it shall be accompanied by a certificate of the
+advocate on-record to the effect that such questions are
+substantial questions of general importance in terms of
+Article l39A(1) of the Constitution.
+"(b) In the case of a petition made by a party to a case, it shall be"
+accompanied by an affidavit in support thereof and also by a
+"certificate, as stated in clause (1) above."
+2. A petition under Article 139A(2) of the Constitution and/or Section
+25 of the Code filed under Order XLI of the Rules shall state
+"succinctly and clearly all relevant facts and particulars of the case,"
+the names of the High Court or other Civil Court in which the case
+is pending and the Court to which the transfer is sought and the
+grounds on which the transfer is sought supported by an affidavit.
+Review Petition
+An application for review under Article 137 of the Constitution read
+with Order XLVII of the Rules shall be filed on the grounds mentioned
+"in Order XLVII Rule 1 of the Code, namely, discovery of new and"
+"important matter or evidence which, after exercise of due diligence"
+was not within the knowledge or could not be produced by the
+"petitioner at the time when the decree was passed or order made, or on"
+"account of some mistake or error apparent on the face of the record, or"
+for any other sufficient reason.
+It shall be accompanied by --
+(i) a certified copy or authenticated copy of the order or judgment
+sought to be reviewed; and
+(ii) a certificate of the advocate on-record certifying that it is the first
+application for review and is based on the grounds admissible under
+66
+the Rules.
+Curative Petition
+1. A curative petition shall be governed by the judgment of the Court
+in the case of Rupa Ashok Hurra v. Ashok Hurra and Anr. [2002
+(4) SCC 388] and as per Order XLVIII of the Rules.
+2. It shall contain specifically that no new grounds have been taken
+and the grounds mentioned in the petition had been taken in the
+"application for review, which was dismissed by circulation."
+3. It shall be accompanied by --
+(i) a certificate of the senior advocate that the petition meets
+the requirements delineated in the case mentioned in clause
+(1) above;
+(ii) a certified or authenticated copy of the judgment or order
+complained of; and
+(iii) a certificate of the advocate on-record to the effect that it is
+the first curative petition in the impugned matter.
+I. Writ Petition
+1. A petition under Article 32 of the Constitution read with Order
+"XXXVIII Rule 1 of the Rules for a direction or order or writ,"
+"including writs in the nature of mandamus, prohibition, quo"
+"warranto and certiorari or any of them, shall be filed in Form"
+No. 32 setting out the name and description of the petitioner(s)
+"and respondents(s), the nature of fundamental right infringed,"
+the relief sought and the grounds on which it is sought.
+2. The petition shall be --
+(a) accompanied by original or certified copy or true copy of
+"the order or decision, if any, complained of;"
+(b) supported by an affidavit verifying the facts relied upon.
+3. The petitioner shall state whether the petitioner has moved the
+"High Court for similar relief and, if so, with what result."
+4. When a petitioner relies upon document(s) in his possession or
+"power, he shall file those documents along with the petition. Where"
+67
+"such document is handwritten or is not fairly legible, it shall be"
+"accompanied by true, typed or printed copy thereof:"
+Provided that where such documents are not in his
+"possession, the petition shall annex a list of such documents to the"
+petition.
+II. Public Interest Litigation
+1. A writ petition in public interest invoking extraordinary original
+jurisdiction under Article 32 of the Constitution read with Order
+XXXVIII Rules 1 and 12(1)(d) and (2) of the Rules shall be filed in
+Form No. 33 and shall disclose --
+"(a) the full name of the petitioner, his complete postal address,"
+"eMail address, phone number, proof regarding personal"
+"identification, occupation and annual income, PAN number"
+"and National Unique Identity Card number, if any;"
+(b) the facts constituting the cause of action;
+(c) the nature of injury caused or likely to be caused to the
+public;
+"(d) the nature and extent of personal interest, if any, of the"
+petitioner(s);
+"(e) details regarding any civil, criminal or revenue litigation,"
+"involving the petitioner or any of the petitioners, which has"
+or could have a legal nexus with the issue(s) involved in the
+public interest litigation; and
+(f) whether the concerned Government Authority was moved for
+"relief(s) sought in the petition and if so, with what result."
+2. It shall be accompanied by an affidavit stating that the petitioner
+"has no personal gain, private motive or oblique reason in filing such"
+petition.
+"3. It shall contain a statement/declaration of the petitioner that, to his"
+"knowledge, the issue raised was not dealt with or decided and that a"
+similar or identical petition was not filed earlier by the petitioner or
+68
+by any other person and in case such an issue was dealt with or a
+"similar or identical petition was filed earlier, its status and the result"
+thereof.
+Interlocutory and Miscellaneous applications
+"In interlocutory application and miscellaneous application, so filed in a"
+"main case, the class and number of such main case shall be set out in"
+the cause title.
+CRIMINAL MATTERS
+The cause title of every memorandum of appeal or petition shall contain--
+"(i) the name, description and address with police station of each"
+appellant or petitioner;
+"(ii) the name, description and address with police station of each person,"
+who is proposed to be made the opposite party;
+"(iii) the status (whether prosecution, complainant, applicant, accused"
+"or non-applicant, etc.) of the parties in the court below, wherever"
+required.
+Criminal Appeal
+"1. The memo of petition of appeal shall, with necessary modifications"
+"and adaptations, be filed in Form No.28 in accordance with the"
+provisions contained in clause (2) below.
+"2. It shall state succinctly and briefly, in chronological order, the"
+principal steps in the proceedings from its commencement till its
+conclusion in the Court appealed from and shall state clearly in the
+following order --
+(a) (i) the name of the Judge and designation of the Court;
+(ii) date of the impugned judgment/order; and
+(iii) case number in which such judgment/order was passed
+by the original and/or appellate Court.
+"(b) facts of the case, in brief;"
+(c) question(s) of law;
+"(d) grounds, in seriatim;"
+(e) grounds for interim relief;
+69
+(f) main prayer; and
+"(g) interim relief, if any."
+3. It shall contain the provisions of law under which the conviction
+"has been recorded and the details of the sentence imposed, including"
+"fine, if any."
+4. It shall be accompanied by a certified copy of the judgment or
+"order appealed from and in the case of an appeal on a certificate,"
+the certificate granted by the High Court and the order granting the
+said certificate.
+5. In appeals falling under any of the categories enumerated in Order
+"XX Rule 5(1) of the Rules, in addition to the documents mentioned"
+"above, a certified copy (or uncertified copy, if such copy is affirmed"
+to be true copy upon affidavit) of the judgment or order of the Court
+immediately below shall also be filed.
+Note
+The following categories of appeals have been enumerated in Order
+XX Rule 5 of the Rules:
+"(a) an appeal from any judgment, final order or sentence in a"
+criminal proceeding of a High Court summarily dismissing
+"the appeal or the matter, as the case may be, before it;"
+(b) an appeal on a certificate granted by a High Court under
+Article 134A of the Constitution being a certificate of the
+nature referred to in clause (1) of Article 132 or sub-clause
+(c) of clause (1) of Article 134 of the Constitution or under
+any other provision of law if the High Court has not recorded
+the reasons or the grounds for granting the certificate;
+(c) an appeal under clause (b) of sub-section (1) of Section 19 of
+"the Contempt of Courts Act, 1971 (70 of 1971)."
+6. (a) A memorandum of appeal against conviction shall contain a
+declaration that the convicted person is in custody or has
+surrendered after the conviction as also the prison in which
+he is lodged.
+"(b) Where the appellant has not surrendered to the sentence, the"
+"petition of appeal shall not be accepted by the Registry,"
+unless it is accompanied by an application for exemption
+from surrendering.
+(c) A certified copy of the order of the Court in which the
+70
+appellant has surrendered or a certificate of the competent
+officer of the Jail in which he is undergoing the sentence
+shall be filed as the proof of surrender.
+(d) A mere attestation of the signatures on the vakalatnama from
+the Jail authorities shall not be considered as sufficient proof
+of surrender.
+Petition for Special Leave to Appeal
+1. The petition for special leave to appeal shall be filed in Form No.28
+in accordance with the provisions contained in Order XXI Rule 3(1)
+of the Rules with necessary modifications and adaptations.
+2. The petition shall be accompanied by --
+(i) a certified copy of the judgment or order appealed from; and
+(ii) an affidavit in support of the statement of facts contained in
+the petition.
+3. Every such memorandum shall contain the provision(s) of law
+under which the conviction has been recorded and the details of the
+"sentence imposed, including fine, if any."
+4. No petition shall be entertained by the Registry unless it contains a
+statement as to whether the petitioner had filed any petition for
+special leave to appeal against the impugned judgment or order
+"earlier, and if so, with what result, duly supported by an affidavit of"
+the petitioner or his pairokar only.
+5. (a) It shall be confined only to the pleadings before the
+Court/Tribunal whose order is challenged and the other
+documents relied upon in those proceedings.
+"(b) No additional facts, documents or grounds shall be stated or"
+relied upon without express prior permission of the Court
+obtained on an application made for this purpose.
+6. No annexures to the petition shall be accepted unless such
+annexures are certified copies of documents which have formed
+part of the record in the Court appealed from:
+71
+Provided that uncertified copies of documents may be
+accepted as annexures if such copies are affirmed to be true copies
+upon affidavit.
+7. The provisions as regards surrender in clause (6) of ‘Criminal
+Appeal’ in this Chapter shall apply mutatis mutandis to the petition
+for special leave to appeal. A similar declaration as regards
+confinement shall also be made in case of a petitioner seeking relief
+under Section 389 or Section 439 of the Code.
+Jail Petition
+The subject has been dealt with independently in Chapter XV.
+Habeas Corpus
+1. A petition for writ of habeas corpus under Order XXXVIII of the
+Rules shall be accompanied by an affidavit of the person
+restrained setting out the nature and circumstances of the restraint:
+Provided that where the person restrained is unable owing to
+"the restraint to make the affidavit, the petition shall be accompanied"
+by an affidavit to the like effect made by some other person
+acquainted with the facts and such affidavit shall also state the reason
+why the person restrained is unable to make the affidavit.
+2. The petition shall state whether the petitioner has moved the High
+"Court concerned for similar relief and, if so, with what result."
+Transfer Petition
+A petition under Section 406 of the Code read with Order XXXIX of the
+Rules shall state concisely in separate paragraphs the facts and particulars
+"of the case, the name of the High Court or other criminal court in which"
+"the case is pending, and the Court to which the transfer is sought and the"
+grounds on which the relief is sought supported by an affidavit or
+affirmation.
+Bail Application
+1. An application under Section 389 or 438 or 439 of the Code
+72
+and a petition in relation thereto shall contain information in
+the following manner:
+Particulars of Crime Particulars of Impugned Order
+Crime No……….. Bail Application / Case No…..…..
+Police Station…… Date of the Order:……………….
+Offence u/s……… Jail in which the ………………….
+"prisoner is lodged, ………………."
+wherever applicable………………
+(a) An application under Section 389 of the Code seeking
+suspension of the sentence pending appeal and release
+on bail shall be accompanied by an affidavit of the
+applicant or his pairokar acquainted with the facts of the
+case.
+(b) An application under Section 438 of the code seeking
+anticipatory or pre-arrest bail shall be supported by an
+affidavit of the applicant or his pairokar acquainted with
+the facts of the case.
+(c) An application under Section 439 of the Code seeking
+bail on the instructions of a person other than the
+accused confined in prison shall be accompanied by an
+affidavit of the pairokar.
+"2. Where the number of accused is more than one, the affidavit shall"
+"state that, to the best of the knowledge of the affiant, no bail"
+application has been moved by any of the co-accused persons
+"and, if such an application has been moved, details (such as, case"
+"number, whether pending; if not, the date of the order deciding the"
+application) shall also be disclosed in the following manner:
+S. Name of Date of Case Date of Bench
+"No. the accused Application, If Number the"
+Known Order
+"3. No application under Section 389, 438 or 439 of the Code for the"
+suspension of sentence and release on bail or grant of
+"anticipatory bail or bail respectively, shall be entertained,"
+73
+unless it contains an averment that a similar application relating to
+"the same subject matter has or has not been made to the Court,"
+"and, if made, the date of filing, date of disposal and result thereof"
+shall also be disclosed in the following manner:
+S. Name of the Date of Case Date of Bench
+"No. accused Application, If Number the"
+Known Order
+4. Every subsequent application under Section 389 or 438 or 439 of
+the Code shall be accompanied by certified copies or true copies
+of the orders deciding earlier application(s).
+GENERAL
+"1. No miscellaneous application for intervention, impleadment or"
+"direction by a third party shall be entertained, unless otherwise"
+directed by the Court.
+2. In the absence of a provision in any Statute or Rule for filing a
+"main case, application for leave to file such case shall accompany"
+the main case.
+"3. No case or document shall be accepted, unless prescribed court fee"
+is paid.
+4. No application or miscellaneous application shall be entertained
+where review of a judgment or order is sought and where
+provisions of Order XLVII of the Rules are attracted. In such a
+"case, application for review shall be filed."
+5. No miscellaneous application for restoration or recall shall be
+entertained in a main case dismissed peremptorily on account of
+"failure to take steps within the specified period, unless the defects,"
+"so notified, have been cured."
+6. A petition for special leave to appeal may be preferred against an
+interlocutory order made in a case under Section 21 of Consumer
+"Protection Act, 1986."
+7. An application for condonation of delay under Section 20 of the
+74
+"Contempt of Courts Act, 1971, shall accompany a contempt"
+petition in case such proceeding has been initiated after the expiry
+of a period of one year from the date on which the contempt is
+alleged to have been committed.
+8. Where limitation has not been prescribed by the Rules or under
+"any other provision of law, every interlocutory application or"
+miscellaneous application shall be filed within thirty days from the
+date of the order or the cause and shall be accompanied by an
+application for condonation of delay in case the same is barred by
+limitation.
+"9. A copy of the judgment, referred to in the impugned order and"
+"reported in the journal, need not be filed, except in cases where the"
+"judgment has been reported in a local law journal, a photocopy or"
+a typed authenticated copy thereof shall be filed.
+"10. Under Order XVI Rule 4(1) of the Rules, an appellant, whose"
+"appeal has been dismissed for default of appearance, may, within"
+"thirty days of the order, present a petition praying that the appeal"
+may be restored.
+"11. Under Order XVI Rule 4(2) of the Rules, where an appeal is heard"
+"ex parte and judgment is pronounced against the respondent, he"
+may apply to the Court to re-hear the appeal.
+"12. Under Order XX Rule 11 of the Rules, where an appeal has been"
+"dismissed for non-prosecution in terms of Rule 10 thereof, the"
+"appellant may, within thirty days of the order, present a petition"
+praying that the appeal may be restored.
+13. No petition shall lie against the President and Governors and
+Rajpramukhs of the States as they are not answerable for the
+duties of their offices under Article 361 of the Constitution.
+"14. No Judicial Officer, who has disposed of the case in the Court"
+"below, shall be impleaded as the contesting party respondent in the"
+main case.
+15. No writ of mandamus shall lie for an order of restatement to an
+"office, which is essentially of a private character, nor can such an"
+75
+application be maintained to secure the performance of obligations
+owed by a company towards its workmen or to resolve any private
+dispute.
+16. Whenever the correctness of the judgment of this Court is involved
+"in a writ petition, the certificate by the advocate on-record filing the"
+petition shall invariably accompany the petition as under:
+“Though he advised the petitioner that the judgment of this
+"Court binds them and cannot canvass its correctness and still, in"
+"spite of such advice, the party insisted upon filing the writ petition.”"
+17. The case shall contain the date of drafting that may be of the same
+or prior to the date of filing.
+18. The affidavit enclosed with the petition shall be of the same or
+subsequent date of the drafting of the petition and shall contain the
+"date, number of paragraphs and pages of the petition."
+19. Vakalatnama shall be of the same or the date prior to the drafting
+date of the petition.
+20. The date of attestation on the vakalatnama by the Jail
+Superintendent shall be the same or subsequent to the date on which
+it was executed by the accused person.
+"21. In case of re-filing, the advocate on-record shall give a certificate"
+that the defects communicated have been removed and no addition
+"or alteration in the case, as originally filed, has been made. In case"
+"of material changes, such as, facts, paragraphs or page numbers,"
+fresh affidavit shall be filed.
+"22. Upon re-filing of the case, the advocate on-record or advocate or"
+"party in-person, as the case may be, shall get an endorsement from"
+the counter Assistant on the converse of the token that the case has
+been re-filed. He shall take back the paper book of the defective
+case retained by the Registry on the same day. No request for
+return of such paper book shall be accepted after two days.
+"23. The case file/paper book shall have one common index, as given"
+"below, having running pagination as per Column (iii),"
+corresponding to the documents and/or applications to be kept in
+76
+Part I of the case file. The applications to be listed before the Court
+and Judge in Chamber/Court of Registrar shall be placed in Part I
+and Part II respectively. No applications included in Part II shall
+form part of the paper book.
+INDEX
+Sl. Particulars of Document Page No. of part to which it Remarks
+No. belongs
+Part I (Contents Part II
+of Paper Book) (Contents of
+file alone)
+(i) (ii) (iii) (iv) (v)
+1. O/R on Limitation A A
+2. Listing Proforma A1-A2 A1-A2
+3. Cover Page of Paper A-3
+Book
+4. Index of Record of A-4
+Proceedings
+5. Limitation Report A-5
+prepared by the Registry
+6. Defect List A-6
+7. Note Sheet NS1 to ..
+8. List of Dates B-Q
+9. Impugned Order 1-14 (*)
+10. SLP with affidavit 15-45 (*)
+11. Appendix 46-47 (*)
+12. Annexure P-1 48-59 (*)
+13. Annexure P-2 60-68 (*)
+14. Application for c/delay 69-74 (*)
+15. F/M 75 (*)
+16. V/A 76-77 (*)
+17. Letter to Advocate 78 (*)
+18. I.A. for Substitution 79-83 (*)
+19. I.A. for c/delay in filing 84-87 (*)
+substitution application
+20. I.A's to be listed before 88-90 (*)
+the Hon'ble Court
+Note : (*) Page numbering is for illustration only.
+77
+CHAPTER XI
+FILING AND PROCESSING OF CASES
+"I. 1. Every main case, interlocutory application, miscellaneous application or"
+other documents shall be presented by the party in-person or by his duly
+authorised agent or by his advocate-on-record at the Filing Counter during
+"working hours and shall, wherever necessary, be accompanied by the"
+documents required under the Rules.
+"2. Every appeal, petition or other proceeding by a minor shall be instituted or"
+"defended in his name by his next friend or guardian, as the case may be."
+"3. A party, adjudged as an indigent person in the courts below, may present"
+"the document before the Judicial authority of the place where he resides,"
+"and the said Judicial authority, after attesting the document and endorsing"
+"under his seal and signature the date of presentation, shall transmit the"
+same to the Court by Registered Post Acknowledgement Due at the
+expense of the party concerned.
+The date of endorsement by the Judicial authority shall be taken as the
+date of filing in this Court.
+"4. A plaint, petition or appeal not presented at the Filing Counter shall not"
+"ordinarily be accepted, unless directed by the Chief Justice or a Judge"
+nominated by the Chief Justice for the purpose.
+5. A petition received from a prisoner through Officer in-Charge of the jail
+shall be treated as lodged in the Court.
+"6. A suo motu petition, in pursuance of the order of the Chief Justice or a"
+Judge of the Court or an order of the Court to treat a petition as public
+"interest litigation shall be treated as a petition or letter petition, as the case"
+may be.
+7. A case presented through eFiling shall be treated as lodged in the
+Court.
+8. The following cases shall be presented before the Registrar (J-I) --
+(i) an election petition under Article 71 of the Constitution read with
+"Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952)"
+78
+calling in question the election of a President and Vice-President.
+(ii) Reference made by the President under Article 143 of the
+Constitution.
+(iii) Reference made by the President under Article 317(1) of the
+Constitution or any Statute or by Governor under any Statute.
+(iv) Reference made by the Central Government/Statutory Tribunal
+under the provisions of any Act enabling the making of such
+Reference.
+"(v) Reference made by the Income Tax Appellate Tribunal, through its"
+"President, under Section 257 of the Income Tax Act, 1961."
+(vi) Plaint under Order XXVI of the Rules.
+9. No unsigned documents and documents with improper binding shall be
+accepted at the Filing Counter.
+10. No opinion given by a former Judge or senior advocate in a case shall be
+"annexed to any case, interlocutory application or miscellaneous"
+"application. If any such opinion is filed, it shall be treated as a defect and"
+"shall be notified. Unless the defect is removed, the case shall not be"
+registered.
+11. No undertaking in any manner whatsoever in respect of filing of a case
+shall be accepted.
+II. Filing Counter
+Stage One
+"Every main case, except otherwise provided, shall be presented to a"
+"dealing Assistant at the Filing Counter, who shall --"
+(i) identify the person filing the case on production of identity card in
+"case of advocate on-record, advocate authorized in that behalf or his"
+registered clerk or on identification of Aadhar Card or any other
+permissible identification in respect of a party in-person;
+(ii) enter in the computer complete description of the first petitioner/
+applicant/appellant and first respondent/non-applicant and names of
+79
+their advocates;
+"(iii) in case of writ petition and transfer petition, check details through"
+cause title and filing memo respectively;
+(iv) check vakalatnama and affidavit duly signed and executed;
+(v) generate Diary number and stamp the date of filing;
+(vi) cancel the court fee stamps by punching out the figure-head so as
+to leave the amount designated on the stamp untouched or by locking
+eCourt fee;
+Stage Two
+"On receipt of the case, the Assistant shall--"
+"(i) enter in the computer details of the case, if any, out of which the"
+main case has arisen.
+"(ii) enter F.I.R. details, in case of criminal matters;"
+"(iii) enter details of the Court, wherefrom and to which Court transfer is"
+"sought, in transfer petitions;"
+(iv) check whether any similar or link case has been filed or disposed of
+on the basis of filing memo;
+"(v) in case of writ petition/transfer petition, check through cause title of"
+the case whether any similar case is pending or has been disposed
+of;
+(vi) check whether any caveat has been lodged in the case;
+(vii) enter data as regards additional parties;
+Stage Three
+"After receipt of a main case, the scrutiny Assistant shall--"
+(i) scrutinize the case as to whether it conforms with the Rules and
+practice of the Court or is defective;
+(ii) count the value of court fees stamps affixed on the memo of
+"appeal, petition or interlocutory application, miscellaneous"
+"application, affidavit, vakalatnama or document separately;"
+80
+(iii) extract subject category of the case;
+(iv) generate limitation report;
+"(v) if the case is found to be defective, the scrutiny Assistant shall"
+enter the defects in the computer and notify them to enable the
+"advocate on-record or the party, as the case may be, to remove"
+the defects within a period of twenty eight days in aggregate;
+"(vi) if the case is not found to be defective and is found to be in order,"
+the scrutiny Assistant shall open the file in respect of Part-I and
+Part-II documents.
+"(vii) place such cases, as he considers to be not maintainable for any"
+"reason, before the Branch Officer, who shall place the same"
+before the senior officers for orders;
+(viii) where the dealing Assistant is of the opinion that court fee
+payable in a main case cannot be determined for any reason or a
+"question as regards thereto arises, he shall place the matter, through"
+"senior officers, before the Registrar/Taxing Officer, who may, in his"
+"discretion, require the parties to produce the relevant records to"
+enable him to decide the question of court fee.
+Stage Four
+"On receipt of the case from the scrutiny Assistant, the Branch Officer or"
+any other superior officer shall make verification/confirmation of --
+(i) scrutiny of the main case;
+(ii) subject category and sub-category of the main case;
+(iii) limitation;
+"(iv) tagging on the basis of identical, similar or linked case;"
+(v) section and provision(s) of law under which the case is filed.
+If the main case along with interlocutory applications conforms to the
+"requirements of the Rules and practice and procedure, the main case"
+shall be registered. The officer shall cause to enter the said details in the
+computer.
+81
+"If a main case is re-filed after removal of the defect(s), it shall be"
+"checked and registered, provisionally, by the scrutiny Assistant if the"
+"defect(s) notified has been removed, subject to verification and"
+confirmation by a superior officer.
+Note
+"No case shall be tagged or linked to a case, unless ordered by the Court."
+"Any subsequent case, which is identical, similar or linked to a case,"
+"shall be informed, by way of office report to the Court and a remark"
+may be given in the computer.
+Stage Five
+"(i) Consequent upon registration of a main case, all papers and"
+documents forming part of the case file shall be scanned/digitized.
+"(ii) Office report, if required, shall be prepared in the defect-free main"
+case and case file be sent to the concerned Court Master of the
+Bench on its first listing.
+III. eFILING
+Any party or advocate on-record may file a case through eFiling by
+accessing www.sci.gov.in.
+1. A case can be filed by paying prescribed court fee and printing
+charges @ Re. 1.50 per page.
+2. No additional court fee or processing fee is required to be paid for
+eFiling.
+3. A password be given to every advocate on-record by the Registry.
+"4. A party in-person is required to submit proof of his identity, such as"
+"Aadhar Card, Ration Card, PAN Card, Identity Card or Voter"
+Identity Card by scanning the document.
+"5. The text of the case as also application, affidavit in opposition,"
+"caveat or additional documents can be typed on the computer,"
+"whereas documents, including affidavits and vakalatnamas, shall be"
+scanned.
+6. A party shall convert the text and scanned documents into PDF/A
+file and upload the same on the server.
+82
+7. A unique reference number be given to every user for each case.
+8. A case filed through eFiling be scrutinized at the Filing Section in
+order to ensure that it is in conformity with the Rules and practice
+of the Court.
+"9. The defect(s), if any, and the Diary number allotted to the case be"
+"communicated to the party in-person or advocate on-record, as the"
+"case may be, through eMail and he may remove the defect(s) by"
+accessing his case using the Diary number through re-filing option
+available in the eFiling Menu.
+"10. The notice of hearing to the party in-person, office report and"
+communications to the party shall be sent through eMail on the
+eMail I.D. furnished by him.
+IV. Defective and Fresh cases
+(i) A defect-free main case shall be listed before the Court through
+"automatic allocation, unless otherwise ordered."
+"(ii) The Branch Officer shall, if he is of the view that the objection"
+regarding maintainability taken by the scrutiny Assistant is
+"sustainable, he shall place the case before the In-Charge, Filing"
+"Counter, who shall place the same before the Registrar or the"
+"Judge in Chambers, as the case may be, on the said aspect."
+"(iii) Every main case shall be posted before the Court, Judge in"
+Chambers or the Registrar under the signature of the Branch
+Officer at the Filing Counter.
+(iv) Wherever any party dies after the filing of a case but before its
+"first listing before the Court, the original cause title shall be"
+retained and directions on the application to bring on record the
+"legal representative(s), if any, filed shall be sought from the"
+Court through appropriate office report. If such application is
+"allowed by the Court, the cause title shall be suitably amended"
+thereafter.
+V. Caveat
+1. A person claiming a right to appear before the Court on the hearing
+"of a petition may lodge a caveat in the matter, where such a petition"
+83
+is expected to be lodged or has been lodged.
+"2. The caveator shall forthwith, after lodging his caveat, give notice"
+"thereof to the petitioner, if the petition has been lodged."
+"3. Where, after a caveat has been lodged, any petition is filed in any"
+"matter, the Registrar shall serve a notice of lodging of the petition"
+on the caveator.
+"4. Where a notice of any caveat has been served on the petitioner, he"
+"shall forthwith furnish the caveator, at the caveator’s expense, with"
+a copy of the petition and copies of any papers lodged by the
+petitioner in support of his petition.
+5. A person intending to lodge a caveat shall furnish the following
+particulars in Form No.34:
+(i) date of judgment/order;
+(ii) name of the Court appealed from;
+"(iii) cause title and case number, if any;"
+(iv) designation of the Authority; and
+"(v) particulars of the order, etc."
+"6. (a) Where the caveator is represented by an advocate on-record,"
+his vakalatnama shall accompany the caveat.
+"(b) If the caveat is filed by the party in-person, his full postal"
+"address, telephone number, mobile number, eMail address,"
+"fax number with S.T.D. Code, if any, shall be furnished along"
+with memo of appearance.
+"7. Where a caveat has been lodged, it shall not remain in force after"
+the expiry of ninety days from the date of lodgment unless the
+petition has been made before the expiry of the said period.
+8. The caveat shall be presented at the caveat counter. The
+dealing Assistant shall enter the caveat in special application
+software customized for caveat matching. He shall enter the details
+of the Court appealed from in the computer and lock eCourt fee.
+"If the main case has already been filed, the dealing Assistant shall"
+generate and issue caveat notice as also enter ‘IN’ code. Where
+"the main case is filed subsequently, the computer software would"
+84
+alert the Assistant about the subsistence of a caveat. In such a
+"case, ‘IN’ code shall be entered in the computer barring automatic"
+listing and caveat notice shall be issued.
+Note
+"In the last paragraph of every main case, the appellant/petitioner"
+shall unequivocally state that no notice of lodging a caveat by the
+"opposite party is received by him or if notice of caveat is received,"
+whether the appellant/petitioner has furnished the copies of the
+"memo of appeal/petition together with copies of the annexure, if"
+"any, to the caveator."
+VI. Miscellaneous Document Counter
+"Interlocutory applications, miscellaneous applications, documents,"
+"affidavits in opposition, replies, rejoinder affidavits, vakalatnamas, memos"
+"and process applications, etc., filed in a main case shall be received by a"
+"dealing Assistant at the Miscellaneous Document Counter, who shall --"
+"(1) enter the details of interlocutory applications, miscellaneous"
+"applications, documents, affidavits in opposition, replies,"
+"vakalatnamas, memos and process applications, etc., in the computer"
+and write automatically generated annual serial number on such
+documents;
+"(2) after entry in the computer, the receiving Assistant shall send the"
+main case accompanied by interlocutory application(s) to the scrutiny
+Assistant.
+"All other subsequently filed interlocutory applications and documents,"
+"affidavits in opposition, rejoinder affidavits, vakalatnamas and memos,"
+"etc., shall be sent to the concerned Judicial branch for process."
+VII. Registrar
+1. If the defects are removed within sixty days from the date of
+"notifying the defects, but after the expiry of the stipulated period"
+"of twenty eight days, an application seeking condonation of delay"
+in re-filing the case shall be filed and listed before the Court of
+Registrar under Order V Rule 1(20) of the Rules.
+85
+2. A daily cause list of all cases under Order V Rule 1(20) of the
+Rules listed before the Court of Registrar shall be published and
+files of all such cases shall be sent to such Court by the Filing
+Counter.
+3. The Registrar (J-I) shall require the State and its
+instrumentalities under Article 12 of the Constitution to furnish
+"the names, addresses and eMail I.Ds. of all the advocates on-"
+record authorised to appear for them. He shall maintain a
+register of all such advocates on-record and shall effect
+changes from time to time in case of re-allocation or re-
+assignment of work to the advocates on-record by the States
+and their instrumentalities.
+4. The State and its instrumentalities shall furnish their eMail
+I.Ds to Registrar (J-I) who shall get the same updated in the
+computer system. The Departments would also be able to get
+"information about the cases filed against them, which would"
+"enable them to prepare for the cases well in advance, even at"
+the stage of first listing.
+5.(a) Where a main case has been filed by a party in-person along with
+an application seeking permission to appear and argue in-person or
+"in case where a person has filed caveat in-person, the file of such"
+case shall be placed before the Registrar for interaction and opinion
+in terms of Order IV Rule 1(c) proviso of the Rules.
+"(b) Provided that no interaction with an advocate, appearing as party"
+"in-person, shall take place, subject to filing proof of his registration"
+as advocate on-record or enrolment with the State Bar Council
+"under the Advocates Act, 1961."
+"(c) Consequent upon such interaction, the main case shall be listed"
+before the Court for admission along with opinion by way of office
+report.
+"6. When a jail petition/appeal, wherein the accused is unrepresented,"
+or a case filed by a party in-person or where a party in-person as
+respondent is not represented by an advocate on-record is placed
+"before the Registrar, he may require the Supreme Court Legal"
+86
+"Services Committee to assign an advocate, who may assist the"
+"Court on behalf of such person, within a week from the date of"
+receipt of communication in that regard.
+"The Registrar, in case of a jail petition/appeal, can also assign an"
+advocate to the prisoner from the approved panel of advocates
+maintained by the Registry.
+VIII. Judge in Chambers
+"1.(a) If a case filed, on scrutiny, is found to be defective and defects are"
+not removed till ninety days from the date of communication of the
+"defects, it shall be listed with office report on default before the"
+Judge in Chambers for appropriate orders.
+(b) If the defects are removed after sixty days from the date of
+"notifying the defects, an application seeking condonation of"
+delay in re-filing the main case shall be filed and listed before the
+Judge in Chambers under Order V Rule 2(32) of the Rules.
+(c) Where a period for removal of the defect(s) has been stipulated by
+"the Judge in Chambers, the record of the case shall be sent to the"
+"concerned dealing Assistant, who shall get the defect(s) rectified"
+"and certified by the Section Officer within the stipulated period,"
+failing which the case shall be sent for listing before the Judge
+in Chambers for orders on default.
+"2. If the defect(s) is removed, the case shall be sent for listing before"
+the Court for admission.
+3. For the purpose of placement in chronological order for
+"listing, a defective case shall be deemed to have been filed on"
+the date on which the defect has been rectified and shall ordinarily
+be listed on the date on which defect-free cases filed on the date of
+such rectification are to be listed.
+IX. Elimination Section
+"(i) Where the cases are dismissed in limine by the Court, the files of"
+such cases shall be sent to the Elimination Section directly from the
+"Court. However, where notices have been directed to be issued or"
+87
+"where the cases have been admitted for hearing, the files of such"
+cases shall be sent to the concerned Judicial branches for follow-up
+action.
+(ii) A communication shall be sent as regards the order of dismissal to
+the Court appealed from.
+"(iii) The respondents, who contested the case in the Court appealed"
+"from, shall be informed about the decision on the case after it is"
+"heard ex parte, if the case stands dismissed in terms of Order XXI"
+of Rule 9(3) of the Rules.
+(iv) The order passed by the Court and the letter of communication to
+"the Court appealed from or any other document, if required, shall be"
+scanned/digitized.
+"(v) The case files shall then be consigned to the Record Room, under"
+"acknowledgment, after completing all formalities."
+Note
+Communication be made to a party or advocate on-record through
+SMSs on the mobile phone numbers or eMails on the eMail I.Ds.
+furnished at the time of filing of the case or application or
+"documents, wherever applicable."
+Coram by Filing Counter
+"1. Subject to the orders of the Court, every case arising out of or"
+relating to--
+(a) the same or common impugned judgment or order;
+(b) a separate order solely relying upon a particular judgment;
+"(c) sequel or identical, having same status, or similar matter;"
+(d) same cause of action;
+(e) between cross parties; or
+"(f) an order of the Bench disobeyed, in case of contempt"
+petition;
+be tagged or linked together for the purpose of coram and the same
+coram be updated for listing with office report.
+88
+"2.(a) The In-charge, Filing Counter, shall apprise the Registrar (J-I) about"
+"the filing of important and sensitive cases and, if he is of the same"
+"view, he shall place such cases before the Chief Justice for"
+"information and order, if any."
+(b) Such cases shall be listed in accordance with the directions of the
+"Chief Justice, if any, or as per subject category through automatic"
+allocation.
+Modified Check List for Scrutiny and Processing of Main Cases
+1. (i) Whether appeal/petition for special leave to appeal Yes/No
+has been filed in Form No.28 with certificate?
+(ii) Whether the prescribed court fee has been paid? Yes/No
+2. (i) Whether proper and required number of paper- Yes/No
+books (1+3) have been filed?
+(ii) Whether brief list of dates/events has been filed? Yes/No
+(iii) Whether paragraphs and pages of paper books Yes/No
+have been numbered consecutively and correctly
+noted in Index?
+"3. Whether the contents of the petition/appeal, Yes/No"
+"applications and accompanying documents are clear,"
+legible and typed in double space on one side of the
+paper?
+4. Whether the petition and the application bear the Yes/No
+signatures of the counsel/in-person?
+5. Whether an affidavit of the petitioner in support of Yes/No
+"the petition/appeal/application has been filed,"
+properly attested and identified?
+6. If there are any vernacular documents/portions/lines Yes/No/
+"and translation of such documents are not filed, NA"
+whether application for exemption from filing
+"Official Translation, with affidavit and court fee, has"
+been filed?
+"7. If a party in the court below has died, whether Yes/No/"
+application for bringing LRs on record indicating the NA
+89
+"date of death, relationship, age and addresses along"
+with affidavit and court fee has been filed?
+8. (i) Whether the Vakalatnama has been properly Yes/No
+executed by the petitioners/appellants and accepted
+and identified by the Advocate and Memo of
+Appearance filed?
+(ii) If a petitioner is represented through power of Yes/No
+"attorney, whether the original power of attorney in"
+English/translated copy has been filed and whether
+application for permission to appear before the court
+has also been filed?
+(iii)(a) Whether the petition is filed by a body Yes/No
+registered under any Act or Rules?
+"(b) If yes, is copy of the Registration filed? Yes/No"
+(iv)(a) Whether the person filing petition for such Yes/No
+incorporated body has authority to file the
+petition?
+"(b) If yes, is proof of such authority filed? Yes/No"
+9. Whether the petition/appeal contains a statement in Yes/No
+terms of Order XXI/XXII of Supreme Court Rules as
+to whether the petitioner has filed any petition against
+"the impugned order/judgment earlier, and if so, the"
+result thereof stated in the petition?
+10. Whether the certified copy of the impugned judgment Yes/No
+"has been filed and if certified copy is not available,"
+whether an application for exemption from filing
+certified copy has been filed?
+11. Whether the particulars of the impugned judgment Yes/No
+passed by the Court(s) below are uniformly written in
+all the documents?
+12. (i) Whether the addresses of the parties and their Yes/No
+representation are complete and set out properly and
+whether detailed cause title has been mentioned in the
+90
+"impugned judgment and if not, whether the memo of"
+"parties has been filed, if required?"
+(ii) Whether the cause title of the petition/appeal Yes/No
+corresponds to that of the impugned judgment and
+names of parties therein?
+13. Whether in case of appeal by certificate the appeal is Yes/No
+accompanied by judgment and decree appealed from
+and order granting certificate?
+"14. If the petition/appeal is time barred, whether Yes/No/"
+application for condonation of delay mentioning the NA
+number of days of delay with affidavit and court fee
+has been filed?
+15. Whether the annexures referred to in the petition are Yes/No
+true copies of the documents before the Court below
+and are filed in chronological order as per list of
+dates?
+16. Whether the petition/appeal is confined only to the Yes/No
+"pleadings in the Court/Tribunal below and – if not,"
+whether application for taking additional
+grounds/documents with affidavit and court fee has
+been filed?
+17. (i) In SLP/Appeal against the order passed in Second Yes/No/
+Appeal whether copies of the orders passed by the NA
+Trial Court and First Appellate Court have been filed?
+(ii) Whether required copy of the judgment/order/ Yes/No/
+notification/ award etc. is not filed? NA
+18. In matters involving conviction whether separate Yes/No/
+proof of surrender in respect of all convicts or NA
+application for exemption from surrendering has been
+filed in terms of Order XX/XXII of the Supreme
+Court Rules? (Copy of surrender proof to be included
+in the paper books.)
+Whether in case where proof of surrender/separate Yes/No
+"certificate from the jail Authority has not been filed,"
+an application for exemption from filing separate
+91
+proof of surrender has been filed?
+19. In case of quashing of FIR whether a copy of the Yes/No
+petition filed before the High Court under section 482
+of Cr.P.C. has been filed?
+20. In case of anticipatory bail whether a copy of FIR or Yes/No
+translated copy has been filed?
+21. (i) Whether the complete listing proforma has been Yes/No
+"filled in, signed and included in the paper-books?"
+(ii) If any identical matter is pending/disposed of by Yes/No/
+"Supreme Court, whether complete particulars of such NA"
+matters have been given?
+Scrutiny and Processing of Applications
+The following requirements shall be ensured for the purpose of
+"registration of an interlocutory application or miscellaneous application,"
+"wherever applicable, in terms of the following check list:"
+"1. Whether prescribed Court fee has been paid, wherever applicable?"
+2. Whether case number has been correctly mentioned?
+3. Whether cause title of the parties is correct?
+4. Whether the applicant is a party in the main case or not?
+"5. Whether memo of parties has been filed, in case of application for"
+directions?
+6. Whether particulars of the impugned order are correct?
+7. Whether the provision of the Rules under which an application is
+filed has been mentioned?
+8. Whether the application has been filed by the advocate on-record in
+"the main case; if not, whether ‘No Objection Certificate’ has been"
+"taken from the earlier advocate on-record, subject to the exception"
+in Order IV Rule 15 of the Rules?
+9. Whether a copy of the application has been served on the opposite
+"parties, who have entered appearance?"
+"10. Whether copies of annexures, if filed, along with the application"
+have been certified to be true copies?
+92
+11. Whether annexures marked in the index and body of the application
+have been put in chronological order?
+12. Whether custody certificate from jail authority has been filed in
+case of bail application?
+13. Whether application for exemption from filing certified copy or
+"official translation has been filed, wherever required?"
+"14. Whether contents of the application and annexures are clear, sharp,"
+"legible, in proper font size and in double space on one side of the"
+paper?
+15. Whether relief sought by the petitioner/applicant has been clearly
+stated?
+16. Whether details of the case and particulars of the Trial Court/High
+Court or this Court in the prayer portion have been corrected
+mentioned?
+17. Whether the main prayer clearly indicates the purpose of the
+application?
+18. Whether affidavit has been duly filled/signed by the party and
+notarized by the Notary or any other Authority under Order IX Rule
+"7 of the Rules, without manual corrections, unless initialled?"
+19. Whether the application has been properly worded without any
+unnecessary remarks against the Bench or any Judge?
+"20.(a) In case of application for intervention or impleadment, it should be"
+clearly mentioned whether impleadment is sought as respondent or
+"petitioner; or intervenor, as the case may be."
+(b)Whether full address of the party seeking impleadment or
+intervention has been given?
+21. No impleadment or intervention application shall be entertained in a
+"disposed of main case, unless otherwise ordered by the Court."
+"22.(a) In case of application for substitution, proper heading shall be given"
+and it should clearly indicate as to which petitioner or respondent
+has died.
+(b)The particulars of legal representative(s) of the deceased party
+"should be stated, such as, relationship, address, minor or major, age"
+and lineage.
+93
+"(c) Death certificate having proper particulars, including name,"
+"parentage, age and date of death should be filed."
+(d) If the application for substitution is filed by the proposed legal
+"representative of the deceased party, it shall be accompanied by"
+"vakalatnama, except in the case of an application filed by a party"
+other than the proposed legal representative of the deceased party.
+"(e) If the application for substitution is barred by limitation, it shall be"
+accompanied by an application to set aside the abatement and
+"application for condonation of delay in filing the said applications,"
+wherever applicable.
+(f) Delay shall be calculated from the date of death of a party or
+"abatement, as the case may be."
+Note
+If an application for substitution to bring on record a legal
+representative of a deceased party is not filed within ninety days
+"from the date of death, the case automatically abates. Within sixty"
+"days from the date of abatement, an application to set aside the"
+abatement along with application for substitution shall be filed.
+"Thereafter, an application under Section 5 of the Limitation Act"
+seeking condonation of delay shall also accompany the
+applications.
+"23.(a) If a miscellaneous application for restoration, recall or rehearing a"
+case or application has been filed after the expiry of a period of
+"thirty days from the date of order, it shall be accompanied by an"
+application for condonation of delay.
+(b) A Record of Proceeding or order dismissing or disposing of the
+main case shall be annexed to the application.
+(c) If a case or an application has been dismissed peremptorily for non-
+"compliance in default or failure to take any steps, the compliance"
+shall be pre-requisite for filing and registration of the miscellaneous
+application.
+(d) If a miscellaneous application has been filed after the expiry of a
+"period of two months from the date of the order, the paper books of"
+"the main case shall also be filed by the party or advocate on-record,"
+94
+"except in case of a transfer petition, where the paper books shall be"
+filed after one month.
+(e) If a miscellaneous application is filed within two months from the
+"date of the order and within one month in case of transfer petition,"
+the paper books of the main case shall be immediately requisitioned
+"from the Paper Books Section, so that they may not be destructed"
+after the stipulated period of preservation.
+"24.(a) In case an application is found to be defective, notice under Order"
+VIII Rule 6(3) and (4) of the Rules shall be given to the applicant
+requiring him to cure the defect(s) within a period not exceeding
+"twenty eight days, in aggregate."
+(b) In case the defects are not removed within the period stipulated in
+"the notice, the application shall be placed before the Registrar for"
+orders under the said provision.
+25. In case an application discloses no reasonable cause or is frivolous
+"or contains scandalous matter, it shall be placed before the Registrar"
+for appropriate orders under Order XV Rule 5 of the Rules.
+General
+1. Wherever Bar Council of India has been arrayed as a party
+"respondent, it shall be indicated in the office report."
+"2. No document, viz., affidavit, affidavit in opposition, rejoinder"
+"affidavit, etc., shall be accepted if the date on which it is sworn is"
+not mentioned on the affidavit.
+3. If an affidavit contains any blank portions in the body or in the
+"affirmation clause, which have not been duly filled, such affidavit"
+shall not be accepted.
+4. No rejoinder or sur-rejoinder shall be accepted without the leave of
+the Court.
+5. In case common affidavit in opposition or rejoinder affidavit or
+other affidavit or document has been filed by or on behalf of a party
+"in a group of cases, it shall be ensured that sufficient number of"
+copies for each of the cases shall be filed.
+95
+"6. In cases, like References and suo motu petitions, where there is no"
+"rival party, the cause title shall be in accordance with the subject"
+"matter, viz.,"
+In Re.:
+“Death of 25 chained inmates in Asylum in
+Tamil Nadu”
+7. The advocates on-record are required to inform the Registrar (J-I) –
+(a)the particulars of the cases which have become infructuous by
+efflux of time;
+(b)the cases filed against interlocutory/interim orders of the Court
+appealed from where the main case is pending or disposed of;
+(c)the cases involving identical/similar question(s) of law which
+have not been tagged or linked together.
+"8. Before accepting any document, such as, affidavit in opposition,"
+"rejoinder affidavit, affidavit and other documents, it shall be"
+ensured that it has been served on the opposite party and the filing
+memo contains such endorsement.
+9. One petition for special leave to appeal/appeal against a common
+judgment/order passed by the Court appealed from in more than
+one case can be filed but separate diary numbers be given in
+accordance with the number of orders impugned.
+"10.Three sets of paper books, excluding the original, shall be accepted"
+"in a case, except in case of an arbitration petition and a case relating"
+to a Constitution Bench.
+11.A vakalatnama filed on behalf of the respondent(s) shall not be
+accepted in a case where neither notice has been issued nor the case
+"has been admitted, unless it is filed along with a caveat. If filed,"
+such vakalatnama shall not be placed on the file of the case and
+shall not be recognized by the Registry.
+12.Any party in-person requiring any information in regard to a case
+"shall contact the Public Relation Officer, who may collect the"
+information from the concerned branch and furnish the same to the
+96
+party in-person. The communication shall be made in writing by
+the branch with the said party and no interaction shall take place
+with the officer/officials of the concerned branch.
+97
+CHAPTER XII
+LIMITATION
+Nature of the Case Period of limitation
+Writ Petition (Civil) No limitation
+Writ Petition (Criminal) No limitation
+Transfer Petition (Civil) No limitation
+Transfer Petition (Criminal) No limitation
+Election Petition 30 days from the date of publication
+of declaration of the name of the
+returned candidate.
+Original Suit As per Limitation Act
+Petition for Special Leave to (i) 90 days from the date of the
+Appeal (Civil) impugned order.
+(ii) 60 days from the date of refusal
+of certificate of fitness to appeal.
+Petition for Special Leave to (i) 60 days from the date of the
+Appeal (Criminal) impugned order in cases involving
+sentence of death.
+(ii) 60 days from the date of refusal
+of certificate of fitness to appeal.
+(iii) 90 days from the date of the
+impugned order excluding cases
+involving sentence of death.
+Civil Appeal by Certificate of 60 days from the date of grant of
+fitness under Articles 132(1) certificate of fitness to appeal.
+and 133(1) of the Constitution
+(i) Criminal Appeal by (i) 60 days from the date of grant
+Certificate of fitness under certificate of fitness to appeal.
+Articles 132(1) and 134(1)(c)
+of the Constitution
+(ii) Criminal Appeal under (ii) 60 days from the date of
+"Article 134(1)(a) and (b) of the judgment, final order or sentence."
+Constitution or under any other
+provision of law
+Appeal under Section 2 of the 60 days from the date of the
+"Supreme Court (Enlargement judgment, final order or sentence."
+98
+of Criminal Appellate
+"Jurisdiction) Act, 1970"
+Appeal under Section 10 of the 30 days from the date of the order.
+Special Court (Trial of
+Offences relating to
+"Transactions in Securities) Act,"
+1992
+Appeal under Section 38 of the 60 days from the date of
+"Advocates Act, 1961 communication of the order."
+Appeal under Sections 23 and 30 days from the date of the
+27A of the Consumer impugned order.
+"Protection Act, 1986"
+Appeal under Section 116A of 30 days from the date of the order.
+"the Representation Act, 1951"
+Appeal under Section 130E of 60 days from the date of the order
+"the Customs Act, 1962 passed by the High Court certifying"
+the case to be a fit case for appeal to
+Supreme Court or the order passed
+"by the Customs, Excise and Service"
+Tax Appellate Tribunal.
+Appeal under Section 35L of 60 days from the date of the order
+the Central Excise and Salt passed by the High Court certifying
+"Act, 1944 the case to be a fit case for appeal to"
+Supreme Court or the order passed
+"by the Customs, Excise and Service"
+Tax Appellate Tribunal.
+Appeal under Section 261 of 60 days from the date of the
+"Income Tax Act, 1961 judgment delivered by the High"
+Court certifying it to be a fit case
+for appeal to Supreme Court.
+Appeal under Section 19(1)(b) 60 days from the date of the order.
+"of Contempt of Courts Act,"
+1971
+Appeal under Section 15Z of 60 days from the date of the
+Securities and Exchange Board communication of the decision.
+"of India Act, 1992"
+Appeal under Section 18 of the 90 days from the date of decision.
+Telecom Regulatory Authority
+99
+"of India Act, 1997"
+Appeal under Section 53T of 60 days from the date of decision.
+"the Competition Act, 2002"
+Appeal under Section 125 of 60 days from the date of
+"Electricity Act, 2003 communication of the"
+decision/order of the Appellate
+Tribunal.
+Appeal under Section 29 of the 60 days from the date of impugned
+"Wealth Tax Act, 1957 order."
+Appeal under Section 22 of the 90 days from the date of
+"National Green Tribunal Act, communication of the award,"
+2010 decision or order of the Tribunal.
+Appeal under Section 423 of 60 days from the date of receipt of
+"the Companies Act, 2013 order of the Appellate Tribunal."
+Appeal under Section 30 of the 90 days from the date of final
+"Armed Forces Tribunal Act, decision/order passed by the"
+2007 Tribunal.
+60 days from the date of order of
+the Tribunal in exercise of its
+jurisdiction to punish for contempt.
+Appeal under Section 31 of the 30 days from the date of order
+"Armed Forces Tribunal Act, passed by the Tribunal."
+2007
+Appeal under Section 31 of the 90 days from the date of
+Airport Economic Regulatory decision/order appealed against.
+"Authority of India Act, 2008"
+Review Petition 30 days from the date of order
+sought to be reviewed.
+Note
+"(1) Notwithstanding anything contained to the contrary, the provisions of"
+"the Limitation Act do not apply to a curative petition. However, as"
+"per Order XLVIII Rule 3 of the Rules, it shall be filed within"
+reasonable time from the date of judgment or order passed in the
+review petition.
+100
+"(2) Where any particular number of days is prescribed by the Rules, or is"
+"fixed by an order of the Court, in computing the same, the day from"
+"which the said period is to be reckoned shall be excluded, and, if the"
+"last day expires on a day when the Court is closed, that day and any"
+succeeding days on which the Court remains closed shall also be
+excluded.
+101
+CHAPTER XIII
+LISTING OF CASES
+1. (a) The Registrar (J-I) shall list the cases before the Benches in
+accordance with the roster under the directions of the Chief Justice.
+"(b) All cases, so listed, shall be published in a cause list under the"
+signature of Registrar (J-I) and ported on the official website of the
+Court.
+2. Publication of the cause list shall be the only mode of intimation of
+"listing of a case, unless otherwise ordered by the Chief Justice."
+"However, notice of hearing may be sent to a party in-person,"
+"through usual mode of service, eMail or such other mode, as may"
+be permitted.
+Cause List and Listing*
+1. A daily cause list of admission hearing cases shall consist of
+fresh and pending main cases as also interlocutory applications
+and miscellaneous applications in main cases --
+(a) fresh cases shall be sent for listing by the Filing Counter;
+and
+"(b) pending cases, i.e., interlocutory applications,"
+"miscellaneous applications, After-notice cases, and final"
+"disposal cases, shall be proposed to be listed by the"
+"dealing Assistants, unless otherwise ordered."
+2. Unless otherwise directed by the Chief Justice --
+(a) admission hearing cases shall be listed on Monday and
+Friday; and
+"(b) regular hearing cases shall be listed on Tuesday,"
+Wednesday and Thursday.
+3. Fresh admission hearing cases shall be included in the daily
+"cause list in chronological order, i.e., in the order of institution."
+4. A draft list of admission hearing old cases shall be uploaded on
+*Daily Cause List of Miscellaneous matters – List containing Miscellaneous matters to be listed on Monday and Friday which is
+issued on Thursday in the previous week and Monday in the same week respectively. List containing Miscellaneous matters on
+"Tuesday, Wednesday and Thursday which is issued on Saturday in the preceding week."
+Daily Cause List of Regular Hearing Matters – List containing regular hearing matters to be listed on Tuesday is issued on
+Saturday in the preceding week and list containing regular hearing matters to be listed on Wednesday and Thursday is issued on
+the previous working day. The matters in these lists are taken from the weekly list.
+"Weekly list – Advance list of Regular hearing matters to be listed on Tuesday, Wednesday and Thursday of a week issued on"
+Friday in the preceding week. Specially directed matters and matters from terminal list are included in weekly list.
+Supplementary List – The matters which are directed to be listed after the issue of daily cause list which could not be shown in the
+"main list, are listed through the Supplementary List."
+102
+"the intranet, at least, a fortnight before the date of listing for the"
+purpose of verification and confirmation by the dealing
+"Assistant(s) as regards the status, coram and the Court before"
+which the cases or applications shall be listed.
+5.(a) An advance list of admission hearing old cases for Monday and
+Friday shall be uploaded on the website on the previous Tuesday and
+Friday respectively.
+A final cause list of admission hearing cases for Monday and Friday
+shall be issued on the previous Thursday and Monday
+respectively.
+"A supplementary list, if necessary, be issued a day before such date of"
+hearing.
+(b) A weekly list and daily cause lists containing regular hearing cases
+"and admission hearing cases, if any, for Tuesday, Wednesday and"
+Thursday shall be published and ported on the website on the previous
+Friday/Saturday.
+"A supplementary list of cases for Tuesday, if necessary, be issued a"
+day before such date of hearing.
+"A supplementary list of cases, including the left over regular hearing"
+"cases, specifically directed admission hearing and regular hearing"
+"cases, for Wednesday and Thursday be issued a day before such date"
+of hearing.
+(c) Separate cause lists shall be prepared and published for the Judge in
+Chambers and the Court of Registrar.
+"(d) Unless otherwise ordered by the Chief Justice or the Court, not"
+reached/left over fresh admission cases be listed on the following
+admission hearing day. Such ‘After Notice’ cases shall be assigned
+auto-generated returnable dates spread out in suitable lots after four
+weeks.
+"(e) No change in the cause list, once published, shall be effected."
+"6.(a) Unless otherwise ordered, 60 admission hearing cases be listed"
+"on Monday and Friday before the Court consisting of,"
+(i) 45 fresh main cases; and
+(ii) 15 ‘After Notice’/final disposal cases.
+"(b) If, for any reason, the aggregate number of admission hearing"
+103
+"cases exceeds the computer generated date cases, they shall be"
+deferred in suitable lots after four weeks.
+"(c) On regular hearing days (Tuesday, Wednesday and Thursday),"
+"unless otherwise ordered by the Chief Justice, upto ten ‘After"
+Notice’ (including final disposal) cases and ten regular hearing
+cases be listed before the concerned Bench.
+(d) Regular hearing cases shall be listed in a chronological order on
+"the basis of the date of institution of the case (oldest case first),"
+unless otherwise directed.
+7. A case relating to a party in-person shall be listed after giving four
+"weeks’ notice to him, unless a request is made, in writing, to the"
+"Registrar (J-I) to list the case earlier, after interaction with the"
+Registrar under Order IV Rule 1(c) proviso of the Rules.
+Mention Memo/Listing Proforma
+1. Any party or advocate on-record desirous of out of turn listing or
+early hearing of an admission hearing case or application on the
+ground of urgency may make oral mention before the Bench at
+10.30 a.m. by way of a prescribed listing proforma/mention memo
+in Form No.35.
+2. The Branch Officer of the concerned Judicial branch shall verify
+and endorse the listing proforma/mention memo seeking early or
+out of turn listing of a case by the party or advocate on-record.
+"3. No mention memo shall be presented, unless the concerned main"
+case has been filed and case number has been allotted to it.
+"4. The Bench may, in its discretion, permit out of turn or early listing"
+of cases or applications in admission hearing through an order
+issued under the authority of the Bench by the Court Master or
+through Record of Proceedings.
+5. A case or application shall be listed on the basis of a mention
+memo only if it is issued by --
+(a) the Bench which is hearing the case in question;
+(b) the Bench which has heard the case in-part;
+(c) the Bench to which the case has been allocated; or
+"(d) the Chief Justice, in case of a fresh admission hearing case"
+or which does not have any coram.
+104
+The Chief Justice may also pass any orders on
+mentioning/listing in relation to clauses (a) to (c) above.
+6. The Court Master attached to the Court shall maintain a Register
+of listing proforma permitting early listing of cases by the Court.
+They shall be forwarded to the Listing Section by the Court Master
+immediately.
+7. A party or an advocate on-record may seek urgent relief/direction in
+a case by making a request in the prescribed listing proforma to the
+Registrar (J-I) on week days between 10.00 a.m. and 4.00 p.m. and
+on Saturday from 10.00 a.m. to 12.30 p.m. No request for
+mentioning shall be entertained after 4.00 p.m. on week days and
+after 12.30 p.m. on Saturday. The main case or application can be
+listed before the Court on the following working day only for the
+purpose of mentioning in case it meets the requirement for urgent
+mentioning. No case be listed under “Mentioning” on Monday.
+"8. Mentioning of cases or applications, oral or listed, shall not take"
+place before a Constitution Bench.
+9. In case mentioning is not permitted on a particular day before the
+"Bench presided over by the Chief Justice, it may take place before"
+the seniormost Bench of that day or as ordered by the Chief Justice.
+"Cases, Coram and Listing"
+"1. Ordinarily, fresh cases, including bail cases, registered from"
+Saturday to Tuesday be listed on Monday in the next week and
+fresh cases registered from Wednesday to Friday be listed on Friday
+in the following week.
+2. Fresh cases are allocated as per subject category through automatic
+"computer allocation, unless coram is given by the Chief Justice or"
+the Filing Counter:
+Provided that such categories of fresh cases shall not be listed
+"before a Judge, which have been so directed. Data entry of such"
+"cases be made in the computer, which excludes listing of such cases"
+before that Judge.
+The admission hearing cases shall be listed in the following
+manner:
+(a) Personal appearance cases;
+(b) Settlement cases;
+105
+(c) Orders (incomplete cases/interlocutory applications/
+miscellaneous applications);
+(d) Fresh cases;
+(e) ‘After Notice’ cases; and
+(f) Final Disposal cases.
+3. The coram of the Bench where --
+(a) a main case has been listed;
+(b) notice has been issued till grant of special leave to appeal;
+"(c) a case has been dismissed, allowed or disposed of; and"
+(d) a case has been heard in-part at admission hearing stage.
+shall be updated in the computer for future listing of admission
+hearing cases.
+4. The coram of the main case shall be updated if a Bench has directed
+"listing or tagging of a case pending before another Bench, unless"
+otherwise directed.
+"5. In a review petition, the coram of the Bench, which passed the"
+order sought to be reviewed shall be updated in the computer.
+"The case shall be listed before the Bench, which issued"
+"notice. On retirement of one of the Judges, the case shall be listed"
+before the Judge constituting the second/third coram. In case of
+"retirement of both/all the Judges constituting coram, the case shall"
+be listed as per subject category through computer allocation.
+6. If first coram is not available on a particular day on account of
+"retirement, the case shall be listed before the Judge constituting the"
+"second coram. If second coram is also not available, the case shall"
+not be listed on that day.
+7. A case directed to be listed before some other Bench or before a
+Bench of which one of the Judges is not a member shall be listed as
+per subject category through computer allocation. Such admission
+hearing cases shall be listed in the next final cause list.
+8. A case directed not to be listed before a particular Judge
+constituting the first coram shall be listed before the Judge
+"constituting the second coram in a different composition, if"
+"available. In case of non-availability of the second coram, the case"
+"shall be listed through computer allocation as per subject category,"
+after apprising the Judge constituting the second coram.
+106
+"9. On account of non-availability of the only coram in a case, the case"
+shall be listed as per subject category through computer allocation.
+10. Whenever any application is filed in a pending matter after grant of
+"leave, it shall be listed before the Judge constituting the first coram"
+of the Bench which granted leave.
+11. A miscellaneous application shall be listed before the Judge
+"constituting the first coram of the Bench, which disposed of the"
+main case.
+"12. The Regular hearing cases are allocated as per subject category,"
+unless coram is given by the Chief Justice.
+"13.(a) A part-heard case shall be updated and listed before the Bench,"
+"which heard it in-part, unless it is released, in writing, from part-"
+heard.
+(b) A part-heard admission hearing or a part-heard regular hearing case
+"or a specially directed regular hearing case, adjourned or part-heard,"
+"but subsequently released from part-heard, on retirement of the"
+Judge holding the first coram shall be listed before the second and
+"then third coram, wherever applicable, which heard the matter in-"
+"part, in case such Judges are presiding a Bench. In case of non-"
+"availability of the members of the Bench, the case shall be listed as"
+per subject category.
+"(c) A regular hearing case bearing the single coram of a Judge, which"
+"could not be taken up till the retirement, shall be listed as per the"
+subject category.
+"14. If an advocate, whose cases have been directed not to be listed"
+"before a Judge or Bench, files a vakalatnama at any stage"
+"subsequent to the first listing of the case, it shall be brought to the"
+"notice of the Chief Justice and, unless ordered otherwise, it shall be"
+listed before the same coram along with an Office Report indicating
+the fact of such vakalatnama.
+15. If a case bearing single coram could not be listed before the other
+member of the Bench of which the Judge holding the coram is
+"sitting, the Judge shall be apprised and, if directed in writing, the"
+case be listed before another Bench through computer allocation as
+per subject category.
+16. In the event a Constitution Bench or three-Judge Bench does not sit
+"for any reason, the cases shown before the alternative Bench shall"
+be taken up and a list of such cases shall form part of the main
+cause list.
+107
+17. If the Court has directed listing of an admission hearing case as
+early as possible or has adjourned a case on the basis of a letter
+circulated by an advocate on-record without indicating the period of
+"adjournment or future date of listing, the case shall be listed"
+through computer allocation on the next available slot.
+18. The admission hearing cases directed to be listed after a particular
+period shall be updated for listing by adding one more week after
+the expiry of the said period.
+"19.(a) In a contempt petition, coram of the Judges, who passed the"
+"judgments/orders alleged to have been disobeyed, shall be updated"
+in the computer. In case of non-availability of the members of the
+"Bench, due to retirement or otherwise, the contempt petition shall"
+be listed through computer allocation as per subject category of
+‘Contempt of Court Matters’.
+"(b) A contempt petition filed in a pending main case, alleging"
+disobedience/non-compliance of the order passed either by a
+Vacation Bench or by a Bench other than the one holding the coram
+"for the main case, shall be tagged with the main case and the coram"
+of the main case shall be updated.
+20. Whenever a case is referred by a two-Judge Bench to a larger
+"Bench, the coram be allocated by the Chief Justice."
+"21. In curative petition, coram of the three senior-most Judges and the"
+"available Judges of the Bench, who decided the case, shall be"
+updated in the computer.
+A curative petition filed after modification of the original
+order/judgment be circulated to the three senior-most Judges and
+"the Judges of the Bench, who modified the original judgment/order."
+22. If a case referred to the larger/Constitution Bench is referred back
+"to the Regular Bench, it shall be listed before the Presiding Judge,"
+who had initially referred the case to the larger/Constitution Bench.
+"23. A regular hearing case, awaiting the decision of the Constitution"
+"Bench, shall be listed as per subject category after the decision."
+24.(a) A regular hearing case awaiting the decision in another case shall be
+"listed before the Presiding Judge of the Bench, which has rendered"
+"the decision, subject to the orders of the Chief Justice."
+"(b)In respect of admission hearing cases, the cases shall be listed in"
+accordance with the coram.
+25. An application for early hearing of a regular hearing case directed
+to be listed/mentioned before an appropriate Court shall be listed
+before the Presiding Judge having the coram in the case.
+In the absence of a coram and if the category of a regular hearing
+"case has been allocated to more than one Judge, it shall be listed"
+through computer allocation.
+108
+26.(a) A regular hearing case directed to be listed in a particular month
+shall be shown in the first weekly list of that month through
+computer allocation as per subject category.
+(b) A regular hearing case directed to be listed in month ‘X/Y’ shall
+shown in the last weekly list of month ‘X’.
+(c) A regular hearing case directed to be listed in the first half of an
+year shall be shown in the weekly list in the first week of April of
+that year and where a case has been directed to be listed in a
+"particular year without specifying any part of that year, it shall be"
+"shown in weekly list in the last week of August of that year, unless"
+the case has already been taken up and irrespective of the fact
+whether the case is ready for hearing or not.
+(d) Such cases shall be treated as expedited cases and shall be included
+"in the Terminal List, as and when they are ready for hearing."
+27. If a regular hearing case has been adjourned without any direction
+"as to the future date of listing, it shall be listed on its own turn as"
+per seniority.
+28. If a specific date case could not be listed on a specified date before
+the Court on account of non-availability of the Bench for any
+"reason, instructions shall be taken from the Presiding Judge as to"
+the next date of listing on the file.
+29. A three-Judge Bench case adjourned without a direction as to future
+date of listing shall be listed as and when the Bench is available.
+30. If a three-Judge Bench case has been directed to be listed before a
+"Bench, other than the Bench holding the coram, and if it could not"
+"be taken up by that Bench, the case shall restore to its original"
+coram.
+31. The coram allotted to a case by the Chief Justice at the admission
+hearing stage shall continue even at the regular hearing stage.
+32. The left over admission or regular hearing cases on a regular
+"hearing day shall be taken up on the following regular hearing day,"
+subject to the directions of the Chief Justice.
+"33. The cases taken up by the Vacation Bench shall be listed, during the"
+"session of the Court, through computer allocation as per subject"
+category.
+34. Five and more connected/linked regular hearing cases shall be
+"treated as a group and be listed together, unless otherwise directed"
+by the Chief Justice.
+35. The regular hearing cases shall be shown in the weekly list in the
+"following order, unless otherwise directed by the Chief Justice:"
+(a) Over-night part-heard cases.
+(b) Part-heard cases.
+(c) Specially directed/adjourned cases.
+109
+"(d) Other cases, as per subject category and strictly in"
+accordance with inter-se ratio of pending cases in each
+subject category and in chronological order (oldest case first).
+"36. Jail petitions, habeas corpus petitions, transfer petitions and bail"
+petitions in which the accused is in custody and special Category
+Cases [Subject-Category 701-706: Academic Cases; 3100:
+Admission to Educational Institutions other than Medical and
+Engineering; 3200: Establishment and Recognition of Educational
+Institutions; 4001-4003: Admission/Transfer to Engineering and
+Medical Colleges; 4100: Allocation of 15% All-India Quota in
+Admission/Transfer to Medical Colleges; 300: Direct Tax cases;
+400: Indirect Tax cases; and 1815: Matters relating to Electricity
+"Dispute (connection/disconnection, etc.)], which have been"
+adjourned without any direction as regards future date of listing
+"shall be shown in the next advance list, subject to the orders of the"
+Court. The same practice shall follow in the case of
+applications/preponement of hearing.
+"37. Jail petitions, habeas corpus petitions, transfer petitions and bail"
+"petitions, where the accused is in custody, special category cases"
+and applications for early hearing shall not be deleted on account of
+"excess matters, except in unavoidable circumstances."
+"38. A jail petition, where the accused is in custody, shall be processed"
+by the concerned Branch within one week and such petition shall be
+listed before the Court on the first admission hearing day
+immediately after two weeks with the typed copy of the petition
+along with copies of the impugned order of the High Court and
+"Trial Court, irrespective of the fact, whether or not, the amicus"
+"curiae, so appointed, has furnished the paper books of the case."
+"39. In ‘After Notice’ admission hearing cases, the following order of"
+"priority for listing, through computer allocation, shall be followed:"
+(i) Specific Date Cases;
+(ii) ‘Adjourned for’/ ‘List after’ cases;
+(iii) Cases directed to be listed in a particular month;
+(iv) Cases where returnable date in notice has been given by
+branch; and
+(v) Adjourned cases where date of listing has not been given by
+the Court/date given by the branch.
+110
+40. Excess admission hearing cases shall be deleted/shifted in the
+following order:
+(i) Cases taken from pool;
+(ii) Adjourned cases where date of listing has not been given by
+the Court;
+(iii) Cases in which notice has been issued by the Court without
+granting stay;
+(iv) Cases directed to be listed after 2/3/4 weeks and so on;
+(v) Cases adjourned for a particular period;
+(vi) Previously deleted cases;
+(vii) Transfer petitions;
+(viii) Interlocutory applications/Miscellaneous applications;
+(ix) Cases in which notice as also stay/status quo has been
+"granted, whether on ‘Mentioning’ or otherwise, and cases in"
+"which notice has not been issued or issued earlier, but"
+stay/status quo is granted;
+(x) Cases where accused is in jail;
+(xi) Jail petitions;
+"(xii) Bail cases, provided that bail has not been granted by the"
+Court;
+(xiii) Cases involving party in-person;
+(xiv) Cases directed to be listed in a particular month;
+(xv) Specific date cases.
+41. Any direction given by the Court to list a case on a specific date or
+in specific week shall over-ride the date given by the Registry and it
+shall be treated as a specific date case.
+42.(a) Where intimation as regards non-availability of a Bench or a Judge
+"of the Bench is received prior to the preparation of final cause list, a"
+cause list for that notional court shall be generated in the same
+manner as is done in the ordinary course.
+Provided that the cause list for the notional Bench shall not
+be prepared if a Judge of that regular Bench is made part of another
+regular Bench.
+(b) A note to the effect that the Bench will not sit and the cases which
+could not be taken up on account of non-sitting of the Bench will be
+taken up by the Bench on the following Tuesday/Wednesday/
+Thursday (regular hearing days) in the chronological order shall be
+displayed in the cause list of that Court and on the website.
+"(c) In case of cancellation of a Bench, on receipt of information, before"
+"or after preparation of final cause list, the Chief Justice may"
+111
+allocate cases from the advance list under Order V Rule 2 of the
+"Rules to the available member of that Bench for that particular day,"
+if the said member is not required to sit in another Bench.
+43. If one of the connected cases has been directed to be listed on
+"‘Mentioning’, all the connected cases shall also be listed."
+44. If the Court has directed that a regular hearing case be listed for
+"hearing at an early date, such case, as and when ready, be treated as"
+specially directed case and be listed in the next weekly list before
+the appropriate Bench.
+45. If a fresh case filed by party in-person is eliminated due to non-
+"sitting of the sole coram, it shall be deleted after apprising the Judge"
+holding the coram and next date of listing shall be given by the
+"Registry by including it in the next advance list, if the petitioner is a"
+"local resident. However, fresh date after four weeks shall be given if"
+the petitioner in-person is residing outside Delhi
+"46. An interlocutory application filed in a main case, referred to a larger"
+"Bench, shall be listed before the Division Bench or the three-Judge"
+"Bench, as the case may be, which referred the main case, and if the"
+Bench is not available due to the retirement of the Judge(s) or
+"otherwise, the interlocutory application shall be listed as per subject"
+category through computer allocation.
+"47. The criminal cases, except writ petition (criminal) but excluding"
+"habeas corpus petitions, where service is complete but affidavit in"
+"opposition has not been filed, shall be listed before the regular"
+Bench having the coram in the case and not under incomplete
+category before the Court of Registrar.
+"48. No case shall be considered for listing without written orders,"
+"except in exceptional circumstances, in which case it shall be"
+followed by written communication/confirmation.
+"49. The officer/official may seek written instruction/order, in case a"
+direction about listing of any case is given to him by his superior. If
+"urgent direction is given verbally, written confirmation shall be"
+obtained at the earliest.
+Note
+"1. Save in case of a single coram, wherever a main case or"
+"application could not be listed before the first coram, it shall be"
+"listed before the second and then third coram, wherever"
+"applicable, and, if available, in seniority."
+112
+2. In case of non-availability of the single coram or members of the
+"Bench on account of retirement or otherwise, a case shall be"
+"listed as per subject category through computer allocation,"
+unless otherwise ordered by the Chief Justice or fresh single
+"coram is given, wherever such coram had been earlier given."
+3. Notwithstanding anything contained expressly or otherwise in
+"this Chapter, the Chief Justice may allocate or assign any appeal,"
+cause or matter to any Judge or Judges of the Court.
+Appearance in Court of Party in-person
+"Any person not represented by an advocate on-record, subject to the"
+"provisions of Order IV Rule 1(c) proviso of the Rules, can be permitted by"
+the Court to appear and argue his case in-person. He can remain present
+in Court at the time of hearing of his case and be escorted by a police
+personnel. A party in-person shall maintain decorum and dignity of the
+Court during the hearing of his case.
+General
+(i) The Court Master shall update the status of the case in the computer
+forthwith. The cause list for the following day shall be prepared
+taking into account also the said updation.
+"(ii) No case shall be listed for regular hearing, unless it is certified by"
+the Registrar as ‘Ready’ for regular hearing under Order V Rule
+1(30) of the Rules under pre-final hearing or certified by the
+Registrar during vacation or directed to be listed by the Court.
+(iii) No case shall be listed for regular hearing if the lower Court records
+or any other records requisitioned by the Court have not been
+"received, unless otherwise directed by the Court."
+(iv) A note shall be inserted in every cause list requesting the advocates
+"on-record to furnish list of books, if any, they intend to cite during"
+"the course of hearing, well in advance, to the Court Master."
+(v)(a) Where an advocate is not available to appear before the Court on a
+particular date or during a particular period and seeks cancellation
+"of date, he may make an application under Order V Rule 1(23) of"
+the Rules if the case has not appeared in the final cause list on the
+date of filing of application.
+113
+(b) Such applications in respect of cases listed on Monday shall be
+"accepted upto previous Monday and for Friday, upto previous"
+"Thursday. In respect of cases listed on Tuesday, Wednesday and"
+"Thursday, such applications shall be accepted upto Thursday in the"
+previous week.
+"(c) Ordinarily, the Registrar shall not give specific dates for listing the"
+"cases in the Court, except for adequate and special reasons to be"
+recorded in writing.
+(d) A party in-person or advocate on-record may submit a letter for
+adjournment after the preparation of the final cause list to the
+Registrar (J-I) after getting the same noted by the other advocates
+"on-record for the appearing parties, at least two days prior to the"
+appointed date of listing. Any objection to the request for
+adjournment shall be indicated in writing.
+"(e) Such letters may be accepted for cases listed on Monday, till"
+"previous Saturday upto 11.00 a.m., and for cases listed on Friday,"
+"till Wednesday upto 3.00 p.m., unless otherwise ordered by the"
+Court.
+(f) A letter for adjournment shall be signed by the party in-person or
+the advocate on-record and shall contain a statement that the letter
+may be circulated at his risk.
+"(g) In case an advocate, other than an advocate on-record requests for"
+"circulation of a letter, he must mention the reason why the"
+concerned advocate on-record is not circulating the letter.
+(h) No application/request shall be entertained in fresh main cases
+where specific dates have been given by the Bench or cases listed
+"before the Special Bench or in part-heard cases, unless otherwise"
+ordered by the Bench.
+(vi) The cases under Order V Rule 1 and Rule 2 of the Rules shall be
+listed before the Registrar and the Judge in Chambers nominated by
+the Chief Justice.
+"(vii) Unless the order passed by the Judge in Chambers is complied with,"
+the case shall remain on the board of the said Court and shall not be
+listed before the Court of Registrar for compliance.
+(viii) In case the orders made by the Judge in Chamber or the Court of
+"Registrar are complied with, such cases shall be updated before the"
+114
+"regular Court, even if future dates of listing have been given by the"
+"Judge in Chambers or the Court of Registrar, as the case may be."
+(ix) No case included in the lists shall be deleted or shifted to a future
+"date, unless otherwise directed by the Chief Justice or the Court or"
+the Registrar (J-I).
+(x) No request for listing of a urgent hearing case during vacation shall
+be entertained before 4.00 p.m. on the last working day of the Court
+and the listing of such cases shall be regulated under the orders of
+the Registrar (J-I).
+"(xi) Once a jail petition/bail matter, in which the accused is in custody,"
+"has been adjourned without any particular date, week or month, or"
+"notice has been issued without a particular date, it shall, subject to"
+"the orders of the Court, be listed by way of next advance list."
+"(xii) If a case is referred to mediation, it shall be listed immediately upon"
+"receipt of the report, unless a particular date has been given by the"
+Court. The Registry shall communicate to the Mediation Centre
+accordingly.
+"(xiii) In case of preponement of a case, notice thereof shall be issued by"
+Registered A.D./Speed Post or by electronic mode to the appearing
+parties or advocates on-record on their behalf.
+115
+CHAPTER XIV
+PROCEDURE AFTER LISTING
+1. A fresh main case shall be listed before the Court. If the same stood
+"adjourned for filing of additional documents or otherwise, it shall be"
+listed before the Court even in case of non-compliance of the order
+with appropriate office report.
+"2. (a) As soon as notice is directed to be issued, the appellant,"
+"petitioner, applicant or plaintiff, as the case may be, shall furnish"
+"as many copies of the petition, appeal, suit or application as may"
+be necessary for record and for service on the respondent(s)
+within seven days from the date of the order:
+"Provided that where Union of India, State Government or"
+any of its instrumentalities under Article 12 of the Constitution
+"are respondents/non-applicants, an additional copy shall be"
+furnished for service in terms of Order LIII Rule (1)(a)(ii) of the
+Rules.
+(b) Notice to show cause shall be issued to the opposite party under
+the signature of the Assistant Registrar.
+"(c) Service of any notice, order or other document upon a person,"
+who is not represented and who resides at a place within the
+"territory of India, may ordinarily be effected through pre-paid"
+envelope registered for acknowledgement or speed post or
+"electronic mode, wherever applicable, or through District Judge"
+concerned or through such other modes in terms of Order LIII
+"Rule (3) of the Rules or Order V of the Code of Civil Procedure,"
+"1908 or Chapter VI of Code of Criminal Procedure, 1973."
+(d) Except where the notice or process has been served through the
+"Registry, the party required to effect the service shall file an"
+"affidavit of service along with such proof thereof, as may be"
+"available, stating the manner in which the service has been"
+116
+effected.
+"3. The mode and manner of service of notice, order or other document"
+have been dealt with in Chapter XVII.
+4. In a case arising out of an interlocutory order or any proceeding
+"pending in the Court below, the notice may be served on the advocate"
+appearing for the party in the Court/Tribunal before whom the case is
+pending.
+"5. Upon grant of special leave to appeal or the appeal being admitted, the"
+"petition for special leave be treated as the petition of appeal, subject to"
+"payment of additional court fee, if any, and Notice of Lodgment of"
+Petition of appeal be served on the respondent(s) through the Court
+appealed from.
+As soon as the appeal is ready for regular hearing and certified as
+"such by the Registrar under pre-final hearing or during vacation, in"
+"office, or by the Court, it shall be updated as ‘Ready’ by the dealing"
+Assistant in the Terminal List.
+"6. In case of appeals, statutory or otherwise, notice shall mean show cause"
+notice and Notice of Lodgment of Petition of Appeal shall be sent once
+the appeal has been admitted by the Court:
+Provided that if the respondent had been served with notice in
+"the petition/appeal or had filed caveat or had taken notice, no further"
+notice is required after the lodging of the appeal.
+7. If the notice sent by registered post does not return within 30 days
+"from the date of issue, postal inquiry shall be made and after"
+"ascertaining the status of the delivery from the track report, the case"
+shall be listed in the Court of Registrar with office report.
+"8. If any notice is received back unserved, the advocate on-record shall"
+"be requested to take necessary steps for completion of service and, if"
+"no steps are taken within twenty eight days, the case shall be"
+processed before the Judge in Chambers with office report on default.
+117
+9. If Notice of Lodgment of Appeal sent to the Court appealed from is
+"not received back within sixty days, the Registrar of that Court shall"
+be requested to expedite the process. The advocate on-record may also
+be required to take steps to effect service on the opposite party.
+"10. The respondents, who contested the matter in the Court appealed"
+"from, shall be informed about the decision on the petition/appeal after"
+"it is heard ex-parte, if the petition/appeal stands dismissed in terms of"
+Order XXI Rule 9(3) of the Rules.
+11. The respondent shall file affidavit in opposition within thirty days from
+the date of receipt of notice or not later than two weeks before the date
+"appointed for hearing, unless otherwise directed by the Court, or where"
+separate provision exists in the Rules.
+12. The statement of case/written brief be lodged by the parties in terms of
+"Order XIX Rules 32 to 35, Order XXI Rule 11, Order XXXVIII Rule"
+11(3) and Order XL Rule 7 of the Rules.
+Provided that if the appellant does not file a statement of case
+within the stipulated period of forty five days of the service on him of
+"the notice of authentication of the record, it shall be presumed that the"
+appellant has adopted the list of dates/synopsis as the statement of
+case and does not desire to file any further statement of case:
+"Provided further that where a respondent, who has entered"
+"appearance, does not file a statement of case within thirty five days"
+"from the date of service of statement of case of the appellant, it shall"
+be presumed that the respondent does not desire to lodge statement of
+case in the appeal.
+"13. Where any party makes an interlocutory application to the Court,"
+"including an application for vacating the interim order, that"
+application shall be processed within three working days from the date
+of filing of such application and be listed before the appropriate
+118
+"Bench for orders. Similarly, miscellaneous application shall be"
+processed within seven days from the date of its filing.
+14. In case the Court has directed deletion of the name of first petitioner
+or first respondent or has dismissed/disposed of the case in relation
+"thereto, the name shall be deleted accordingly and the second"
+"petitioner or second respondent, as the case may be, be shown as the"
+first party but the serial number of the said party shall not be altered.
+"Similarly, serial number in respect of other parties shall, in no case,"
+be altered.
+"15. (i) (a) In criminal cases, as soon as notice is directed to be"
+"issued, the appellant/petitioner shall take steps to serve"
+notice on the respondent.
+"(b) In cases filed by convicted persons, notice shall be given"
+to the Attorney General for India or the Advocate
+General or the Government advocate of the State
+"concerned, or to both, as the case may be; and in cases"
+"under Section 341(1) of the Code, to the respondent."
+(c) Where a party in-person as respondent is not represented
+"by an advocate on-record, the Secretary"
+General/Registrar may require the Supreme Court Legal
+Services Committee to assign an advocate or an advocate
+may be appointed from a panel of advocates maintained
+"by the Registry, who may assist the Court on behalf of"
+such person:
+Provided that where an application to appear and
+"argue in-person is filed by a respondent, it shall be"
+placed before the Registrar under Order IV Rule 1(c)
+proviso of the Rules for interaction and opinion
+thereon.
+(ii) (a) The advocate appointed as amicus curiae by the Court
+or from the panel of advocates at the cost of the State
+"shall be entitled to fee at the rate of Rs. 6,000/- at the"
+119
+"admission hearing stage and Rs. 10,000/- at the final"
+"disposal stage or at the regular hearing stage, as fixed"
+"by the Chief Justice, or as may be ordered by the Court,"
+wherefor a certificate in the Form No. 10 shall be
+issued.
+(b) The advocate shall not be entitled to fee if he
+remained absent at the time of hearing and disposal of
+the case.
+(c) The State concerned shall pay the fee specified in the
+certificate within three months from the date of
+"presenting the claim before it, supported by the"
+certificate.
+"(iii) If service of notice is complete, the special leave petitions and"
+criminal appeals shall be processed for listing before the
+Court even if affidavit in opposition has not been filed and
+shall not be processed for listing before the Court of Registrar
+in default on this count.
+(iv) The respondent shall file affidavit in opposition within thirty
+days from the date of receipt of notice or not later than two
+"weeks before the date appointed for hearing, whichever be"
+earlier.
+"(v) Upon grant of special leave, the petition for special leave shall"
+be treated as petition of appeal and shall be registered and
+numbered as such.
+"(vi) A separate register shall be maintained for cases which, in the"
+"opinion of the Court, can be disposed of within an hour or two"
+and which fact has been indicated in the order made by the
+Court to enable the Chief Justice to constitute the Bench for
+disposal of such cases.
+"(vii) Due notice shall be given to the accused, where he is not"
+"represented, of the date fixed for the hearing of the appeal. The"
+"accused person may, if he so wishes, present his case by"
+120
+submitting his arguments in writing and the same shall be
+considered at the hearing of the appeal.
+"(viii) The Registrar shall, after the disposal of the appeal, with the"
+"utmost expedition, send a copy of the Court’s judgment or order"
+to the High Court or Tribunal concerned.
+"(ix) No security for costs shall be required to be deposited, and no"
+"court-fee, process fee, or search fee shall be charged."
+"(x) Except where specifically otherwise provided in the Rules, the"
+"provisions of Order XX of the Rules, with necessary"
+"modifications and adaptations, shall apply to statutory appeals"
+filed under any enabling Act or provision.
+Note
+(a) Every appeal or petition against sentence and acquittal and
+"every other appeal or petition, except an appeal from a"
+sentence of fine shall finally abate on the death of an accused:
+Provided that where the appeal is against conviction
+"and sentence of death or of imprisonment, and the appellant"
+"dies during the pendency of the appeal, any of his near"
+"relatives (parent, spouse, lineal descendant, brother or sister)"
+"may, within thirty days of the death of the appellant, apply to"
+the Court for leave to continue the appeal and if leave is
+"granted, the appeal shall not abate."
+(b) The fact of death of an accused on the basis of a death
+certificate or application or otherwise shall immediately be
+brought to the notice of the Court.
+Original Records
+"1. In main civil cases, upon being admitted or grant of special leave"
+"to appeal, the original record shall not be requisitioned, unless"
+ordered by the Court. The Court appealed from may be requested that
+"the original record may be requisitioned at a later stage, as and when"
+121
+"specifically directed by the Court, and the same may not be weeded"
+out during the pendency of the case in this Court till a communication
+regarding disposal of the said case is received from the Registry of
+this Court.
+"2. In main criminal cases, upon being admitted or grant of special"
+"leave to appeal, the original record shall be requisitioned:"
+Provided that the original record in an admission hearing case
+"shall not be requisitioned, unless specifically requisitioned by the Court."
+3. Where the original record of a case is available in digitized/scanned
+"form, the original record of such case shall not be requisitioned in"
+"physical form, unless otherwise directed by the Court:"
+Provided further that the Court appealed from and the Courts
+immediately below shall be informed that depositions in the original
+record shall be in English language or translated into English language
+and the translation shall be done in that respective Registry before
+transmitting the original record to the Court.
+"Provided further that, if ordered, preparation of record shall be"
+done in terms of Order XIX Rules 11 to 24 and Order XX Rules 7 to 13
+of the Rules.
+4. In case any original record has been requisitioned back by the Court in a
+"pending case before it or otherwise, the original record may be sent back,"
+"subject to the orders of the Judge in Chambers, with a request to re-"
+transmit the same expeditiously.
+"5. Where original record has been requisitioned, it shall be transmitted"
+back to the Court(s) concerned immediately after the disposal of the
+main case.
+6. The Original Record branch shall have the custody of the records. It
+shall be responsible for the transmission of the record under
+acknowledgment.
+7. The original records of the cases listed before the Bench shall be
+"transmitted by the Dealing Assistant, under the supervision of the"
+122
+"Branch Officer, to the Court Master of the Bench by 10:00 a.m."
+The Court Master shall return the records immediately after the
+"Bench has transacted business for the day, unless otherwise"
+ordered by the Bench. The transmission of records shall be under
+acknowledgment.
+"8. (a) In criminal cases, if the High Court paper books are not"
+"available, the appellant shall file appeal records containing"
+"additional documents, including F.I.R., charge-sheet,"
+"evidence/deposition, etc., within a period of six weeks of the"
+"intimation as regards receipt of original record, supported by an"
+affidavit. Within two weeks of service thereof on the
+"respondent, he may file such documents as are not included by"
+the appellant.
+(b) In case sufficient sets of paper books of the Courts below are
+"not available or the impression is dim or illegible, a notice shall"
+issue to the advocate on-record for the appellant requiring him
+to get sufficient number of legible paper books prepared within
+one week of receipt of notice.
+9. (a) Where the original record is received in a sealed/packed
+"condition, it shall be opened and checked jointly by two"
+"officials, one each from concerned Judicial branch and Section"
+"V. However, in case the original record is found to be unsealed,"
+"it shall, in addition, be checked jointly by an official from R&I"
+branch.
+(b) If the record is found to be in torn/mutilated condition or
+"incomplete, this fact shall be jointly recorded by all the officials"
+and stated in the letter of acknowledgment of the record to the
+concerned Court.
+(c) If the original record is received without any list/index of
+"documents, the acknowledgment letter shall mention this fact as"
+also the total number of files or sheet contained in the original
+record.
+123
+(d) At the time of transmission of original record to the concerned
+"Court, the forwarding letter shall be prepared by the concerned"
+branch and shall mention that “the original record is returned
+herewith duly verified as per the letter/list of documents
+received from the said Court” and a copy of the list shall also be
+"enclosed with the forwarding letter. While returning, it shall be"
+"checked, packed and sealed in Section V, custodian of original"
+"records, in the presence of the officials from both the branches."
+(e) The concerned Court/Tribunal/lower Court/Authority may be
+requested to depute special messenger to take back the original
+"record. However, the original record relating to the"
+Court/Tribunal/lower Court/Authority in far-off places may be
+sent by Registered Post/insured parcel.
+(f) The acknowledgment receipt shall be kept in the file. In case no
+acknowledgment is received within two weeks of the despatch
+"of record, the matter shall be pursued with the concerned Court"
+till the acknowledgment is received.
+"Orders granting Stay, Bail, Release, etc."
+"(i) Where an order directing issue of notice and/or grant of stay, status quo,"
+"injunction or ad interim directions has been made ex-parte or otherwise,"
+a certified copy of the order shall be sent to the Court appealed from.
+"(ii) Where an order granting anticipatory bail, bail or suspension of"
+sentence has been made to the satisfaction of the Trial Court or any
+"other Authority, a certified copy of the order shall be sent to the Court"
+"appealed from, Courts immediately below and/or the Authority"
+concerned.
+"(iii) In case of release or bail, except in clause (ii) above, wireless message,"
+"in addition, shall be sent forthwith to the concerned Jail authority."
+"(iv) The Officer In-charge, Courts, shall ensure that the Record of"
+"Proceedings, judgments or orders of the Court are immediately sent"
+124
+to the concerned branches.
+Procedure Where a Case is not being Diligently Prosecuted
+(i) If a party fails to take requisite steps in the main case and it appears
+"that he is not prosecuting the case with due diligence, the Registrar"
+"shall call upon him to explain the default and, if default is not made"
+good and no explanation is offered within the stipulated time or if
+"the explanation offered appears to be insufficient, the Registrar may"
+issue him show cause before the Court as to why the case should not
+be dismissed for non-prosecution.
+"(ii) If service of any notice, order or document has not been completed"
+"within six months from the date of issue of notice, the matter shall be"
+reported to the Court for direction after notice to the parties in-person
+or the advocates on-record for the parties. The Court may thereupon
+"dismiss the case for non-prosecution or give such direction in the case,"
+as it may deem fit.
+Writ Petition
+"(i) If the Court, on preliminary hearing, orders issue of show cause notice"
+"to the respondent, he shall file his objections within thirty days from"
+the date of receipt of such notice or not later than two weeks before
+"the date appointed for hearing, whichever is earlier, unless directed"
+otherwise by the Court.
+"(ii) Unless otherwise ordered by the Court, rule nisi together with a copy"
+of the petition and of the affidavit in support thereof shall be served on
+the respondent not less than twenty one days before the returnable
+date. The rule shall be served on all persons directly affected and on
+"such other persons, as the Court may direct."
+(b) Affidavits in opposition shall be filed in the Registry not later than
+four days before the returnable date and affidavits in reply shall be
+filed within two days of the service of the affidavit in opposition.
+125
+"(c) No further affidavit in opposition, rejoinder, affidavit or document"
+"shall be filed by any party, except with the leave of the Court."
+(iii) (a) The petitioner shall file written brief within four weeks of the
+filing of the pleadings. Within four weeks of receipt of
+"petitioner’s brief, the respondent shall file his written brief. The"
+reply brief shall be filed by the petitioner within one week of
+the receipt of respondent’s brief.
+(b) No party to a petition shall be entitled to be heard by the Court
+unless he has previously lodged his written brief in the petition.
+Writ of Habeas Corpus
+"(i) The processing, listing, hearing and disposal of a writ petition in the"
+nature of habeas corpus shall be expedited.
+"(ii) Rule nisi shall issue, if Court so orders, calling upon the person(s)"
+against whom the order is sought to appear on a day to be named
+"therein to show cause why such order should not be made and, at the"
+"same time, to produce in Court the body of the person(s) alleged to be"
+illegally or improperly detained.
+"(iii) The case shall be listed before the Court on the next date of hearing,"
+irrespective of the fact whether or not service of notice has been
+effected or affidavit in opposition has been filed.
+"(iv) The order for release, setting the person(s) improperly detained in"
+"custody at liberty, made by the Court shall be a sufficient warrant to"
+"any goaler, public official, or other person for the release of the person"
+under restraint.
+Contempt Petition
+"(i) If the Court, on preliminary hearing, directs that notice shall issue to the"
+"alleged contemnor, notice to the person charged shall be in Form No.1"
+given below:
+126
+FORM I
+NOTICE TO PERSON CHARGED WITH CONTEMPT OF COURT
+IN THE SUPREME COURT OF INDIA
+(Inherent Jurisdiction)
+Whereas your attendance is necessary to answer a charge of
+contempt of Court by (here briefly state nature of the contempt).
+You are hereby required to appear in person (or by advocate if
+the Court has so ordered) before this Court at New Delhi on the
+………day of ………20………..
+You shall attend the Court in person* on the ………day of
+"…..20……, and shall continue to attend the Court on all days"
+thereafter to which the case against you stands adjourned and until
+final orders are passed on the charge against you.
+Herein fail not.
+Dated this……..day of ……….20……
+(SEAL) REGISTRAR
+(*To be omitted where the person charged is allowed or ordered to
+appear by advocate).
+"(ii) The person charged shall, unless otherwise ordered, appear in-person"
+"before the Court, as directed, on the date fixed for hearing of the"
+proceeding and shall continue to remain present during hearing till the
+proceeding is finally disposed of by order of the Court.
+(iii) A copy of the petition along with the annexures and affidavits shall be
+served upon the person charged and he may file his reply duly
+supported by an affidavit.
+"(iv) No further affidavit or document shall be filed, except with the leave"
+of the Court.
+127
+(v) The Court may direct a warrant bailable or non-bailable for arrest of
+"the person charged, if it has reason to believe that he is absconding"
+"or is otherwise evading service of notice, or if he fails to appear in"
+"person or fails to remain present in-person, in pursuance of the"
+notice.
+(vi) The warrant of arrest shall be issued in the prescribed Form No.II
+under the Rules to Regulate Proceedings for Contempt of the Supreme
+"Court, 1975, as given below :"
+FORM II
+WARRANT OF ARREST
+IN THE SUPREME COURT OF INDIA
+(Inherent Jurisdiction)
+To
+(Name and designation of the person or persons who is or are to
+execute the warrant).
+Whereas ….of …….is charged with committing contempt of
+"this Court, you are hereby directed to arrest the said……….and to"
+produce him before this Court.
+Herein fail not.
+"(If the Court has issued a bailable warrant, the following"
+endorsement shall be made on the warrant).
+If the said …….shall give bail in the sum of Rs. ……with one
+surety in the sum of Rs. ……(or two sureties each in the sum of
+"Rs……….) to attend before this Court on the …….day of ……….,"
+"20….., and to continue so to attend until otherwise directed by this"
+"Court, he may be released."
+128
+Dated this ……day of …….20…….
+(SEAL) REGISTRAR
+(vii)(a) The warrant shall be executed by the officer or officers to whom it
+is directed or by any other police officer whose name is endorsed
+upon the warrant by such officer(s).
+(b) If the warrant is to be executed outside the Union Territory of
+"Delhi, it may be forwarded to the Magistrate of the District or the"
+Superintendent of Police or Commissioner of Police of the
+"District, within which the person charged is believed to be"
+residing.
+(viii) The bond and bail-bond after arrest under a warrant has been
+"prescribed in Form No.III, as under :"
+FORM III
+BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT
+IN THE SUPREME COURT OF INDIA
+(Inherent Jurisdiction)
+"I,…………………….(name) of ……….being brought before"
+the District Magistrate of ………….(or as the case may be) under a
+warrant issued to compel my appearance to answer to the charge of
+contempt of the Supreme Court do hereby bind myself to attend the
+"Supreme Court on the ……..day of………….next, to answer to the"
+"said charge, and to continue so to attend, until otherwise directed by"
+"the Supreme Court; and, in case of my making default herein, I bind"
+"myself to forfeit to Union of India, the sum of Rupees…………."
+Dated this ………day of ………..20…..
+129
+(SIGNATURE)
+I do hereby declare myself surety for the above-
+named………………of…………..that he shall attend before
+"………….in the Supreme Court on the……….day of ……….next, to"
+"answer to the charge on which he has been arrested, and shall continue"
+"so to attend until otherwise directed by the Supreme Court; and, in"
+"case of his making default therein, I bind myself to forfeit to Union of"
+"India, the sum of Rupees……………."
+Dated this day of ………….20……
+(SIGNATURE)
+(ix) Where a person charged with contempt is adjudged guilty and is
+"sentenced to suffer imprisonment, a warrant of commitment for"
+"contempt and detention shall be made out in Form No.IV, as given"
+"below, under the signature of the Registrar, which shall remain in"
+force until it is cancelled by order of the Court or until it is
+executed.
+FORM IV
+WARRANT OF COMMITMENT FOR CONTEMPT
+IN THE SUPREME COURT OF INDIA
+[Inherent Jurisdiction]
+To the Superintendent (or Keeper) of the jail at……………
+Whereas at the Court holden on this day (name and description
+of the contemner) has been adjudged by the Court guilty of wilful
+"contempt of Court, and he has been sentenced to suffer imprisonment"
+for the period……….(here specify the term) and/or to pay a fine of
+Rupees……..
+"This is to authorize and require you, the Superintendent (or"
+"Keeper) of the said Jail, to receive the said (name of the contemner)"
+130
+"into your custody, together with this warrant, and to keep him safely"
+in the said Jail for the said period of (term of imprisonment) or for
+such shorter period as may hereafter be fixed by order of this Court
+and intimated to you. You are directed to return this warrant with an
+endorsement certifying the manner of its execution.
+You are further directed that while the said……….is in your
+"custody, produce the said…..before the Court, at all times when the"
+Court shall so direct.
+"Given under my hand and the seal of the Court, this………day"
+of……20…….
+(SEAL) REGISTRAR
+General
+"1. In case any request is received by way of a letter, application or report"
+from a subordinate Court/Authority/Arbitrator/Court Commissioner
+"seeking extension of time, the request be converted into miscellaneous"
+application and shall be placed before the Court expeditiously with the
+remark “Request from Subordinate Court/Authority/Arbitrator/Court
+"Commissioner, as the case may be, for extension of time”."
+"2. While issuing clearance for urgent mentioning of cases and applications,"
+the Branch Officer and the dealing Assistant shall physically verify and
+ensure that paper books of the main case are available and complete in
+all respects.
+3. An appeal against the order of the Registrar under Order XV Rule 5 of
+"the Rules shall be listed expeditiously, not later than a fortnight."
+4. Office report for cases listed on a Friday and Monday shall be circulated
+and uploaded by 6.00 p.m. on the previous Wednesday and Friday
+respectively.
+131
+"Office report mentioning filing of affidavit in opposition,"
+"rejoinder affidavit, documents, etc., shall include reference to page"
+numbers concerned in bracket.
+5. Fresh office report shall be prepared in case the office report is of a much
+earlier date.
+"6. Where the Court has directed a case to be tagged with another case, the"
+"Branch Officer shall, after due care, get the case tagged and updated in"
+the computer.
+7. Notion of Motion shall issue only in case where ad interim ex parte
+order is sought and where delay caused by notice would or might entail
+serious hardships.
+"8. No case updated before the Court shall be deleted/eliminated, under any"
+"circumstances, except under the orders, in writing, of the Registrar [J-I]."
+"9.(a) Where a requisition, in writing or otherwise, has been received by a"
+"Judicial branch in respect of paper books in its custody, the Branch"
+Officer shall send the said paper books on the same day before 1.00 p.m.
+"without fail. In no case, the Branch Officer and the concerned dealing"
+Assistant shall leave the office without acknowledgment of the receipt of
+such paper books from the Paper Books branch.
+(b) The Branch Officer shall ensure that copies of Record of Proceedings
+and other documents are sent to Section I-A Annexe [paper books
+"godown] without any delay, in order to enable the officials to include"
+them in the paper books promptly.
+10. The last Record of Proceedings shall be kept on record at the time of
+listing of the case or application either before the Court or Judge in
+Chambers or the Court of Registrar. In case the last Record of
+Proceedings could not be obtained for any reason and if it is obligatory
+"to list the case again, an appropriate office report shall be prepared"
+disclosing the previous date of listing and the fact that last Record of
+Proceedings is still awaited.
+132
+11. A dealing Assistant shall make a note in the file that copies of Record of
+Proceedings of the specific dates have been sent to the Paper Books
+branch for inclusion in the paper books or have been included in the
+paper books.
+12. A dealing Assistant shall not again send a Record of Proceedings to the
+"Paper Books branch, which has already been included in the paper"
+books.
+"13. No unregistered or defective application shall be listed before the Court,"
+unless otherwise directed by the Court.
+Note
+"Where any particular number of days is prescribed by the Rules, or is"
+"fixed by an order of the Court, in computing the same, the day from"
+"which the said period is to be reckoned shall be excluded, and, if the last"
+"day expires on a day when the Court is closed, that day and any"
+succeeding days on which the Court remains closed shall also be
+excluded.
+133
+CHAPTER XV
+JAIL PETITION
+A person lodged in jail and not represented by an advocate on-record can
+submit a petition/appeal along with a certified copy of the impugned
+"judgment and written arguments, which he desires to advance in support of"
+"his petition/appeal, to the Officer in-Charge of the Jail where he is lodged."
+The Officer in-Charge of the Jail shall forward the petition/appeal to this
+Court. A true copy of the judgment of the Court immediately below is
+required to be filed in cases under Order XX Rule 5(1) of the Rules. In case
+the petition/appeal has been filed after expiry of the prescribed period of
+"limitation, an application for condonation of delay be filed. The date on"
+which the petition/appeal is presented before the Officer in-charge of the Jail
+"and is attested by him, is taken as the date of filing of the petition. The"
+petition/appeal must contain a statement that no similar petition has been
+filed earlier.
+Processing
+1. The jail petition/appeal shall be processed by the dealing Assistant
+within three days of its receipt.
+"2. The concerned department of the State, Courts and Jail authority shall"
+be informed forthwith by telegram or electronic mode about the filing
+"of the case, if it relates to sentence of death. The date, if any, fixed for"
+execution shall be ascertained forthwith from the jailor for the
+information of the Court by way of office report.
+3. Having ascertained from the Supreme Court Legal Services
+"Committee that similar petition/appeal has not been received by it, the"
+Registry shall process the case.
+"4. The Registrar shall, whenever necessary, call from the proper officer"
+of the Court appealed from the relevant documents for determination
+of the petition.
+"5. As soon as all necessary documents are available, the Registrar shall"
+134
+require Supreme Court Legal Services Committee to assign an
+advocate or assign an advocate from the panel maintained by the
+Registry to act as an amicus curiae on behalf of the accused and he
+shall be advised to contact the prisoner.
+6. (i) The photocopies of all the documents received from Jail
+authority shall be supplied to the amicus curiae to enable him to
+"draft the petition for special leave to appeal/appeal, prepare the"
+paper books and submit the same to the Registry within fifteen
+days.
+"i. The charges for typing, translation, binding and"
+"photocopying, except for the photocopies supplied by the"
+"Registry, shall be paid to him by the Registry."
+ii. A certificate shall be issued to the amicus curiae engaged
+at the cost of the State specifying the fee payable to him
+"by the State. Unless otherwise ordered by the Court, the"
+"fee of amicus curiae shall be Rs. 10,000/- for final"
+"disposal stage or the regular hearing stage and Rs. 6,000/-"
+for the admission hearing stage.
+iii. The amicus curiae shall not be entitled to any fee in case
+of his absence at the time of hearing and disposal of the
+case.
+7. The petition/appeal accompanied by a certified copy of the impugned
+"judgment, including a true copy of the Court immediately below, if"
+"any, shall be sufficient for the purpose of registration and first listing"
+"before the Court, without requisitioning other documents at that stage."
+8. In case the petition/appeal is not accompanied by a declaration on
+affidavit that no similar case had been filed earlier or it suffers from
+"defects, such as,"
+i. non-disclosure of requisite particulars of the case or Court from
+whose order it arises and such particulars cannot be ascertained
+from the documents filed; or
+135
+ii. it is not accompanied by a certified copy of impugned
+judgment/order; or
+iii. it is barred by limitation and is not accompanied by application
+for condonation of delay; or
+"iv. it suffers from such other defects, which are required to be"
+removed to bring the petition/appeal in conformity with the
+Rules on account whereof it will not be possible for the Court
+"to hear the matter,"
+the defects shall be communicated to the petitioner/appellant
+through Jail authority requiring him to remove them within
+twenty eight days from the date of receipt of such
+communication failing which the petition/appeal may be
+dismissed for default.
+A copy of the communication shall be endorsed to the Jail authority
+and amicus curiae requiring them to assist the petitioner/appellant to
+remove the defects.
+"9. In case the defect(s) is not removed, despite communication, the"
+petition/appeal shall be placed with diary number (unregistered)
+before the Court with comprehensive office report indicating the
+"defect(s) and a copy thereof shall be sent to the petitioner/appellant,"
+through the officer in-charge of the jail and the amicus curiae.
+"10. A typed transcript copy of the petition/appeal, impugned"
+"judgment/order or other documents sent by the petitioner/appellant,"
+"which are handwritten in English or have dim impression, shall be"
+prepared by the Registry.
+"11. In case the documents are in vernacular language, the same shall be"
+translated in English at the Registry.
+"12. If a transfer petition, or a writ petition alleging violation of a"
+"fundamental right received from jail, lacks necessary particulars and is"
+"found to be defective, the procedure in clause (8) above, with"
+136
+"necessary modifications, shall be followed."
+"13. The High Court be requested to furnish complete memo of parties, if"
+the same is not indicated in the impugned judgment/order but listing
+of the case shall not be deferred on this count.
+14. If the petition/appeal discloses no reasonable cause or is frivolous or
+"contains scandalous matter, the Registrar may decline to register the"
+same and the entire order passed by the Registrar under Order XV
+Rule 5 of the Rules shall be communicated to the petitioner/appellant.
+He shall also be informed of the right to appeal and limitation
+therefor.
+"15. No records shall be requisitioned from the Courts below, unless"
+otherwise directed by the Court or found necessary for the purpose.
+16. The fact that the petitioner/appellant stands released from prison
+"during the pendency of the case, having served out the sentence"
+"awarded by the Court below, does not render the petition/appeal"
+infructuous but the said fact shall expeditiously be brought to the
+notice of the Court.
+17. In case of default in compliance with the directions of the Court or
+"with any requirement of the Rules, practice and procedure, the case"
+shall be placed before the Court along with appropriate office report
+for directions.
+General
+1. If an amicus curiae does not appear before the Court on the date of
+"hearing, his name shall be struck off from the panel of amicus curiae"
+"under the orders of the Registrar, unless the lapse is condoned by the"
+Court and subject to any other directions of the Court.
+2. The period of sentence should invariably be indicated in the office
+report as also on top of the Part II file.
+137
+CHAPTER XVI
+CONSTITUTION AND FUNCTIONS OF THE JUDICIAL BRANCH
+Preliminary
+1. The Judicial branches of the Registry shall be responsible for --
+(i) receipt and processing;
+(ii) listing;
+(iii) requisitioning of original records;
+(iv) compliance with Court orders;
+(v) custody and maintenance of paper-books;
+"(vi) receipt of spare copies and preparation of notices, etc.;"
+(vii) receipt and disbursement of Court deposits and suitors’ fund;
+(viii) translation;
+"(ix) preparation of decrees, memos of cost, certificates and writs;"
+(x) delivery of certified/unauthenticated copies;
+(xi) maintenance and destruction of records;
+(xii) scanning of records; and
+matters incidental thereto in respect of main cases and/or documents
+filed therein.
+2. There shall be the following Judicial and ancillary branches—
+(i) Filing Counter
+(ii) Civil Branches
+(iii) Writ Branches
+(iv) Criminal Branches
+(v) Listing Branch
+(vi) Transfer Petition Branch
+(vii) Paper-books Branch
+(viii) Translation Branch
+(ix) Copying Branch
+(x) Cash Branch in relation to Court deposits and suitors’ fund
+(xi) Decree Branch
+(xii) Receipt and Issue Branch
+(xiii) Editorial Branch
+138
+(xiv) Scanning Branch
+(xv) Elimination Branch
+(xvi) Record Room
+3. A branch shall be headed by a Branch Officer and an Assistant
+"Registrar. Additional Registrar or a Deputy Registrar, as the case"
+"may be, shall be the in-charge of the branch."
+4. All officers and officials of the Judicial branch shall work under
+the control and general supervision of the Registrar.
+5. A Court Assistant or a Junior Court Assistant may be attached to a
+dealing Assistant as a unit. The attached Assistant may assist the
+dealing Assistant in day-to-day work and deal with his case files and
+perform duties in his absence on account of leave by operating through
+the password to be allotted by the Computer Cell for the period of
+"absence or, in case of extreme exigency, through the password allotted"
+to the Branch Officer of the branch.
+6. The main cases shall be allotted to the dealing Assistants ordinarily
+"in the lots of twenty five, e.g., first twenty five cases received in the"
+"Branch shall be allotted to dealing Assistant No.1, next twenty five"
+"to dealing Assistant No.2 and so on, on the basis of State/High Court,"
+"wherever applicable, or on the basis of subject category in relation to"
+cases arising from Tribunals/Authorities.
+"7. A main case, inclusive of applications, documents, review petitions"
+"and curative petitions, except the one to be dealt with by the Filing"
+"Counter, allotted to a dealing Assistant shall be dealt with and"
+"processed by him till its disposal, irrespective of the stage, i.e.,"
+admission hearing or regular hearing stage.
+8. Every miscellaneous application filed by a party or advocate on-
+record shall be placed before an officer not below the rank of Deputy
+Registrar for the purpose of consideration for registration or
+otherwise.
+139
+9. (a) There shall be a diarist in each branch to receive and diarise all
+"receipts, documents and papers in the branch."
+"(b) The receipt and despatch of case files, receipts, documents or"
+"any papers within, or from outside, the branch shall be done"
+under acknowledgment by the diarist and he shall maintain a
+diary for the purpose of diarising the receipts.
+"(c) Every case file, receipt, document and paper received in the"
+"branch shall be first diarised and, along with the Diary Register,"
+"be placed before the Branch Officer, who shall suggest action"
+"thereon. In respect of important receipts, he shall place them"
+before the Assistant Registrar in the first instance or any other
+senior officer and solicit directions thereon.
+(d) It shall be the responsibility of the Branch Officer to ensure that
+each receipt dairised be acknowledged by the concerned dealing
+Assistant by putting his dated initials and action be taken thereon
+without any delay.
+(e) In case any of the dealing Assistant has failed to take timely action
+"on any receipt or Record of Proceedings, the Branch Officer and"
+Assistant Registrar shall ensure that action is taken thereon
+forthwith and report the fact to the Officer in-charge for taking
+immediate corrective measures.
+Dealing Assistant
+It shall be the duty of the dealing Assistant --
+"1. to prepare and maintain, either in physical or electronic form--"
+(a) Daily Diary/Peshi Register;
+(b) Register of listing of Cases;
+(c) Movement Register; and
+"(d) Register for FDRs, Security and Bank Guarantees."
+"2. to prepare files [Part I and Part II] of the main cases, wherever"
+140
+required.
+3. to requisition original records from the Courts appealed from and
+"the Courts below thereto, if the case is to be heard along with the"
+records;
+"4. to send timely proposals for listing of main cases, applications and"
+office reports on default to the Listing Branch under the orders of
+"the Branch Officer, wherever applicable;"
+5. to keep the cases ready for hearing after making compliance with any
+direction given by the Court;
+6. to process interlocutory application within three days and
+miscellaneous application within seven days from the date of
+filing/receipt;
+"7. to take all actions, including service of notice on the parties, bringing"
+"legal representatives on record, listing of all applications, sending"
+"certified copies to the Court appealed from and Courts below thereto,"
+"requisitioning of original records, etc., for making the case ready for"
+hearing.
+8. to get the fixed date or cases listed on the date or in the period specified
+"by the Court, even if they are not otherwise ready for hearing, with"
+office report;
+9. to prepare and maintain report of service on the parties and
+documents filed in the case.
+10. to send documents for inclusion to the Paper Books branch;
+11. to get the cases certified by the Registrar as ‘Ready’ for regular
+hearing under pre-final hearing under Order V Rule 1(30) of the
+Rules;
+12. to update the regular hearing case as ‘Ready’ in the Terminal List in
+terms of the order of the Court or under Order V Rule 1(30) of the
+141
+Rules;
+"13. to prepare notice, decree, formal order, telegram, schedule of"
+costs; to draft and make correspondence with various Authorities
+"and Courts appealed from, Courts below thereto as also parties in"
+relation to a main case or application;
+14. to ensure compliance with any special direction given by the Court
+regarding issuance of notice or listing of cases or otherwise and to
+"bring difficulties, if any, in relation to a case to the notice of the"
+Branch Officer at the earliest;
+15. to verify and confirm cases for listing shown in the draft list and report
+"error or discrepancy, if any;"
+"16. to check and verify cases shown in the advance list, weekly list, daily"
+"list and supplementary list and report error or discrepancy, if any;"
+17. to arrange and prepare files of disposed of cases for consignment
+to the Record Room and to keep a list thereof;
+18. to ensure that the names of all the advocates on-record and amicus
+curiae in a case as also applications are updated in the computer.
+19. to check notices before initialling them and submitting them for
+signature of the officer concerned;
+20. to examine properly the files of admission and regular hearing cases
+before they are listed before the Court;
+"21. to place before the Court, Report(s), if any, received from an"
+Authority in compliance with the order of the Court and keep it in
+"the custody of the Branch Officer and, in his absence, in the custody"
+of the Assistant Registrar;
+22. to immediately bring to the notice of the Branch Officer and
+Assistant Registrar about a case received in the Branch relating to
+sentence of death;
+142
+23. to maintain a register of fixed date cases and ensure that no such
+case escapes listing on the due date;
+"24. to maintain a register for Special Bench, Larger Bench and"
+Constitution Bench cases.
+"25. A dealing Assistant shall be the custodian of, and responsible for,"
+the files of the cases allotted to him. The process shall be undertaken
+by him by operating the password allotted to him. He shall be
+responsible for the safety and security of the files as also for the
+maintenance of the files in a proper manner.
+26. The primary duty to comply with the Court’s order shall lie with the
+dealing Assistant. He shall peruse the order as soon as practicable.
+"In case of any difficulty in understanding the ratio of the order, he"
+"shall immediately consult the Branch Officer or Assistant Registrar, as"
+"the case may be, and take steps to comply with the order immediately."
+27. Where the Court has directed that the order shall be brought to the
+"notice of the higher Authorities, the dealing Assistant shall forthwith"
+"place such matter before such Authority, through the intermediate"
+officers.
+28. Whenever any dealing Assistant is transferred from a Branch to
+"another branch on account of promotion or otherwise,"
+(a) he shall proceed on transfer only after handing over the charge
+of the seat to the new incumbent in a proper manner and shall
+also inform about the urgent actions to be taken in the files as
+also account for each and every file being dealt with by him;
+(b) a charge report of handing over and taking over shall be
+prepared and counter-signed by the Branch Officer;
+(c) If any urgent action could not be taken by the new incumbent
+on the ground of non-appraisal of the said fact by the outgoing
+"dealing Assistant, both the dealing Assistants shall be held"
+responsible for that lapse:
+143
+Provided that due appraisal of urgent action by the outgoing
+dealing Assistant shall not make him liable for the lapse.
+"29. to perform such other duties and work as may, from time to time, be"
+assigned by the Branch Officer or senior officers.
+Branch Officer
+It shall be the duty of the Branch Officer --
+1. to supervise overall working of the Branch;
+2. to ensure that all seats in the Branch are manned and work of
+absentees is properly reallocated;
+3. to examine the files thoroughly;
+4. to check and approve formal orders;
+"5. to address communication, and sign letters, to the Courts appealed"
+"from, Courts below thereto, Authorities, advocates and parties in-"
+person;
+6. to ensure that Jail petitions/appeals and applications are processed by
+the dealing Assistant within the stipulated period;
+7. to ensure that review petitions and curative petitions are processed
+"by the dealing Assistant, expeditiously;"
+8. to ensure that notices are issued by the dealing Assistant within three
+"days of the receipt of process, unless otherwise directed by the"
+Court;
+9. to examine service reports submitted by the dealing Assistant;
+10. to maintain a register of fixed date cases and ensure that no such case
+escapes listing on the due date;
+11. to note down important directions of the Court;
+"12. to ensure that every case, complete or otherwise, is placed before the"
+concerned Court;
+13. to ensure that cases are listed as per the directions of the Court;
+14. to ensure that cases do not remain unattended and required action is
+"taken thereon, including a date before the Court;"
+144
+15. to ensure compliance with the orders of the Court;
+16. to go through all the receipts and documents received in the branch
+as also suggest and ensure action thereon;
+"17. to examine the issue of deficient or excess court fee, if any;"
+"18. to keep in his custody, Reports, if any, received from any Authority"
+in compliance with the order of the Court or otherwise;
+19. to maintain a file containing circulars/directions issued by the senior
+officers and ensure compliance;
+20. to ensure and take orders for registration of the applications within
+the stipulated period;
+"21. to check all Lists, including final cause list, supplementary list,"
+"advance list, weekly list and terminal list, and report error, if any, as"
+also ensure necessary correction;
+"22. to check, suggest and ensure action on the orders passed by the Court"
+on the applications;
+"23. to check, suggest and ensure action on the orders regarding bail,"
+release and other interlocutory orders in criminal cases;
+24. to contact immediately the Jail authority in case of death sentence
+"and ascertain date, if any, fixed for execution for the information of"
+the Court and indicate the same in the file giving description and
+phone number of the officer contacted;
+"25. to check and approve telegrams to be sent to Jail authorities, State(s)"
+"and concerned Courts in criminal cases, including relating to"
+sentence of death;
+26. to check and approve office reports of the cases to be placed before
+the Court and Judge in Chambers and sign office reports to be placed
+"before the Court of Registrar, after thoroughly examining the service"
+position and status of the case;
+"27. to maintain a register in regard to FDRs, Securities, Bank"
+"Guarantees, etc., and shall apprise the Court and senior officers, from"
+"time to time, in that regard as also taken action thereon;"
+"28. to prepare notice and warrant, if required, in relation to the Rules to"
+"Regulate Proceedings for Contempt of the Supreme Court, 1975;"
+145
+"29. to liaise with other branches of the Registry, advocates, parties in-"
+"person, Courts and Authorities in relation to cases;"
+30. to perform duties as may be required in the ICMIS through allotted
+password;
+31. to allot password to an Assistant temporarily in the absence of a
+regular dealing Assistant in extreme exigency of work;
+32. to obtain temporary password from the Computer Cell for an
+attached Assistant during the absence of a regular dealing Assistant
+on account of leave;
+33. to check draft and fair decrees;
+34. to pass orders for consignment in admission hearing cases;
+35. to properly check certified copies of judgments/orders and copies of
+bailable and non-bailable warrants;
+"36. to check endorsements such as, copies of judgments/orders or"
+interlocutory orders and documents regarding original records to the
+Courts/Authorities concerned;
+37. to check all registers maintained by the dealing Assistants and
+prepare statistical reports in the branch;
+38. to draft response to the applications under the Right to Information
+"Act, 2005, and submit to the senior officers forthwith;"
+"39. to perform such other duties and work as may, from time to time, be"
+assigned by the senior officers.
+Court Master
+It shall be the duty of the Court Masters--
+1. to report in Court at 10:00 a.m. sharp and shall arrange the paper
+"books in seriatim. In case any deficiency is noticed, the same shall"
+immediately be reported to the concerned Branch Officer or dealing
+"Assistant, as the case may be, and the secretariat of the Judge"
+concerned;
+2. to call the cases in the open Court serially and place the paper books
+of the cases listed before the Bench;
+146
+3. to ensure that the case being heard is properly displayed on the Digital
+Display Board;
+4. to maintain a register or list of mentioning cases and forward such
+mentioning memo/listing proforma to Registrar (J-I);
+5. to go through the files of the cases listed before the Bench and shall
+draw broad outline of the issues involved in the case in writing;
+6. to prepare a list of reported cases and judgments/orders on
+similar/identical issues and keep them ready for the perusal of the
+Bench;
+7. to keep the Act(s) concerned in the case ready and shall flag the
+relevant provision(s) thereof for ready reference of the Bench in order
+"to avoid waste of time; to wit, in a tax case, relevant Assessment Year"
+shall be noticed and the relevant Act be kept ready with provision(s)
+concerned. In case of amendment in any section from retrospective
+"effect, then the Act concerned amending the said section shall be"
+made promptly available to the Bench;
+"In criminal cases, the sentence and conviction shall be seen; whether"
+"the accused is in jail or on bail; if confined, details of the jail; and"
+"whether the case has been filed against an interim order, final order,"
+"order rejecting/cancelling bail, etc.;"
+8. to make available at the time of hearing all the books cited by the
+advocates;
+9. to receive and return to the concerned branches files of the cases listed
+for hearing before the Bench;
+10. to be ready with the dates and page numbers of the different orders of
+the lower authorities in the paper books;
+"11. to bring to the notice of the Bench immediately, as and when desired,"
+the service position and other documents received and placed in the
+"files, i.e., settlement in a marital case by the Legal Services"
+Authority/Committee or mediation centre or any other report;
+"12. to bring to the notice of the Bench, at the time of issue of notice or"
+"disposal of a main case, the applications for directions, substitution,"
+"impleadment, intervention, condonation of delay in filing cases and"
+other applications for appropriate orders;
+147
+13. to requisition the files relating to identical/similar issue or cases filed
+against the common/relied upon impugned order in which an order
+has already been made and place them before the Bench at the time of
+"hearing of a case, as and when required;"
+14. to note down the direction/order of the Bench in relation to a case and
+update the result in the computer immediately. The cause list would be
+prepared by the Listing branch taking into account also the said
+updation in accordance with the direction of the Bench;
+15. to send the paper books of CAV matters to the residential offices of
+"the Judges and ensure that reference books, if any, required by the"
+Judges shall also be sent along with CAV matters;
+16. to maintain a list of CAV matters of the Bench and update the Listing
+branch and secretariat of the Bench;
+17. to keep themselves aware of the important judgments/orders of the
+"Court and make them available to the Bench, if required;"
+"18. to provide such information/clarification, as may be required by the"
+officials/officers in relation to processing of a case;
+19. to sign the Record of Proceedings and the Court Master (Shorthand)
+"shall diligently incorporate the corrections, if any, made in the draft"
+"Record of Proceedings/orders by the Judge, which shall be cross-"
+checked by the Court Master (Non-Shorthand) and ensure that orders
+are sent to all concerned branches and uploaded on the server
+promptly;
+"20. to work diligently so that no orders, duly approved and signed, and"
+Record of Proceedings of the Court shall remain unattended or
+pending;
+21. to be well-versed with the Rules as also practice and procedure and
+"update themselves with latest amendments and extant Rules, which"
+"shall be brought to the notice of the Bench, as and when required;"
+"22. to receive, and despatch, original records under acknowledgment from"
+the concerned Branch. Original records shall be kept ready and be
+"made available for the perusal of the Bench immediately, as and when"
+required. The important documents in the records shall be flagged for
+"ready reference of the Court; to wit, in a criminal case, F.I.R., charge-"
+148
+"sheet, statements, etc., as also the judgments of the Trial Court and the"
+High Court;
+23. to maintain a diary of the cases where future dates have been given by
+the Bench;
+24. to promptly inform the Registrar (J-I) about any specific direction
+given by the Bench concerning any action to be taken by the Registry;
+"25. to ensure that the paper books of all the cases, which have been"
+"directed to be listed in the same week or next week, are sent"
+"separately to paper books godown expeditiously, preferably on the"
+same day but not later than next day. He shall be responsible for the
+paper books of the cases listed before the Bench and shall send them
+"to the paper books godown promptly, under acknowledgment;"
+26. to send paper books of part-heard cases or those required by the
+Judges directly to the residential offices under written intimation to
+the Assistant Registrar (Paper Books godown);
+"27. to take directions of the Bench in relation to F.D.Rs., Securities, Bank"
+Guarantees or disbursement of the amount deposited in the Court at
+the time of disposal of the case or whenever occasion arises;
+28. to forthwith inform the Registrar (J-I) and the Registrar concerned as
+"also police personnel on duty, either inside or outside Court, about the"
+"order of the Bench to take a party or contemnor, present in-person in"
+"Court into custody, who has been sentenced to imprisonment under"
+the Rules to Regulate Proceedings for Contempt of the Supreme
+"Court, 1975;"
+"29. to give preference to orders as regards release, bail, suspension of"
+sentence and parole and transmit them to concerned branch
+expeditiously;
+"30. to send orders relating to a main case, in a closed cover, at the"
+residential offices of the Judges for signatures;
+"31. to immediately transmit on the server the Record of Proceedings,"
+"judgments and orders, upon issuance, after digitally signing the"
+"electronic record of such judgments and orders, and report compliance"
+to the officer in-charge on the same day;
+149
+"32. to send files, paper books, documents or orders to the R&I branch by"
+"5.30 p.m., as far as possible, which are required to be sent to the"
+"residential offices of the Judges, and for despatch beyond that time,"
+advance intimation be given to the branch telephonically so that such
+documents can be sent by a special messenger;
+"33. to carry out such other work, as may be assigned to them by the"
+Bench or senior officers.
+Assistant Registrar
+It shall be the duty of the Assistant Registrar --
+"1. to approve wireless messages; sign notices, except contempt notices;"
+and certify documents;
+2. to note down the cases listed in the Court;
+3. to read Record of Proceedings and judgments/orders carefully placed
+before him and ensure compliance;
+4. to examine urgent filing/documents received from the Filing Counter
+and ensure proper action;
+"5. to examine the issue of court fee, if any;"
+"6. to examine the issue of, and extract, question of law;"
+7. to ensure timely listing of cases;
+"8. to submit proposal, in detail, in applications to the Deputy"
+Registrar/Additional Registrar;
+9. to ensure timely transfer of files to the Decree branch for preparation
+of decree after certifying that no action is pending in the file;
+10. to thoroughly examine the service position and status of the case
+before signing Office Reports to be placed before the Judge in
+Chambers and Court;
+11. to ensure that documents mentioned in the office reports have been
+included or circulated for inclusion in the paper books;
+12. to ensure fair and equitable distribution of work;
+"13. to prepare statements/details of cases, received and disposed of,"
+relating to the Branch;
+150
+14. to check pendency of receipts once in a week;
+15. to ensure return of original records immediately in case of orders of
+"remand to the Court(s) below as also in disposed of cases, if"
+requisitioned;
+16. to pass registration orders in interlocutory applications;
+"17. to maintain a register for F.D.Rs., Bank Guarantees, Securities, etc.,"
+and ensure action thereon;
+18. to pass orders for consignment of files in regular hearing cases;
+19. to thoroughly examine and inspect the files of the branch of
+incomplete/not ready cases once in a month and submit the report to
+"the Deputy Registrar/Additional Registrar regarding delay in action, if"
+"any, and pendency of various applications lying in the branch as also"
+report about the general functioning of the branch;
+20. to ensure that no work of urgent nature is pending with subordinate
+officer and officials before they leave the office;
+21. to check all the cause lists and bring to the notice of the Listing
+"Branch, error or discrepancy, if any, and ensure its correction;"
+22. to check ‘After Notice’ cases as to whether proper action has been
+"taken in conformity with the Rules, practice and procedure and other"
+"directions. In case proper action has not been taken, he shall give"
+necessary guidance accordingly;
+23. to guide the subordinate staff in day-to-day work;
+24. to attend to the work of the Branch Officer in his absence; and
+25. to perform such other duties as may be assigned to him by the senior
+officers.
+Deputy Registrar
+It shall be the duty of the Deputy Registrar --
+1. to sign formal orders where the lis has attained finality; summons for
+"non-prosecution; wireless messages, contempt notices, decrees in civil"
+cases and transferred cases;
+2. to pass orders for registration of the miscellaneous applications;
+151
+3. to give guidance to the staff;
+4. to check pendency of receipt at least once in a week;
+5. to check and suggest actions in ‘Not Ready’ cases in order to make
+them ready;
+6. to pass orders in case of difference of opinion between the Branch
+"Officer and Assistant Registrar; and if the matter is complicated, he"
+"may refer to, and seek guidance from the Additional Registrar,"
+"wherever applicable, or the Registrar, as the case may be;"
+7. to ensure smooth functioning of the branch and to effect fair and
+equitable distribution of work;
+"8. to examine the report, if any, regarding delay in action submitted by"
+the Assistant Registrar and place the same before the Additional
+"Registrar, wherever applicable, or the Registrar, as the case may be,"
+with suggestions;
+9. to inspect the branch once in three months and submit a report to the
+Registrar regarding pendency in the branch of ‘Not Ready’ cases and
+general functioning of the branch;
+"10. to randomly check the status vis-a-vis uploading of office reports, at"
+least twice a week;
+11. to act as the Assistant Public Information Officer under the Right to
+"Information Act, 2005;"
+12. to attend to the urgent nature of work in the absence of Assistant
+"Registrar, including signing of office reports; and"
+13. to get the work done from other officers under his control and perform
+such other duties as may be assigned to him by the senior officers.
+Additional Registrar
+It shall be the duty of the Additional Registrar--
+"1. to take policy decisions with regard to cases pending, with the"
+approval of the Registrar;
+"2. to decide any question referred by the Deputy Registrar, wherever"
+applicable;
+152
+3. to issue circulars periodically for the purpose of giving proper
+"directions for smooth functioning of the branches under his control,"
+with the approval of Registrar;
+4. to ensure speedy action by the branch in Court’s orders of urgent
+nature;
+5. to inspect the branch periodically for the purpose of checking the
+pendency;
+6. to examine the files of ‘Not Ready’ cases and give directions and
+guidance for making them ready;
+7. to attend to the problems faced by the branch;
+"8. to give proposals for amendment of the Rules, wherever necessary;"
+9. to ensure prompt action in cases and get the work done in time;
+10. to keep a tab on the pendency of cases and give appropriate directions;
+"11. to randomly check the status vis-a-vis uploading of office reports, at"
+least twice a week;
+12. to attend to the queries of the advocates and solve the problems to the
+maximum extent within the ambit of the Rules;
+13. to extract maximum work from the officers/staff working under his
+control;
+14. to act as the Assistant Public Information Officer under the Right to
+"Information Act, 2005;"
+15. to attend to the work in the absence of Deputy Registrar under his
+"control, wherever applicable; and"
+16. to perform such other duties as may be assigned by senior officers
+from time to time.
+Note
+The afore-stated duties of the dealing Assistant upto the rank of Additional
+"Registrar, as stated in this Chapter, are only illustrative in nature and they"
+may perform such other duties as may be assigned to them for the smooth
+and efficient functioning of the Court and the branch.
+153
+Listing of Cases
+"1. Separate registers for civil and criminal cases, to be heard by the"
+"Benches, shall be maintained, either in physical or electronic form,"
+to show when they are complete in all respects and ready for
+hearing.
+2. Where the Court has directed listing of a case on a particular date or
+"during a particular period, the dealing Assistant shall make a note in"
+that regard in the register and prepare the proposal for listing
+accordingly.
+3. The proposal for listing of an admission hearing or regular hearing
+case shall be submitted by the dealing Assistant after approval of the
+"Branch Officer or the Assistant Registrar, as the case may be,"
+"sufficiently in advance of the proposed date of listing, excepting the"
+case taken from the terminal list.
+"4. The Registrar (J-I) shall take into account the proposals,"
+keeping in view the fresh cases to be listed on the admission
+hearing day and the cases to be listed on a regular hearing day
+while preparing the cause lists. He shall also ensure that the cases
+are listed in accordance with the roster and instructions issued by
+the Chief Justice from time to time.
+Applications
+1. On receipt of an interlocutory application or miscellaneous
+"application or any document, the diarist shall hand over the same,"
+"under acknowledgment, to the concerned dealing Assistant, who"
+shall place the same on the record of the main case in which it has
+"been filed on the same day, if possible, but, in no case later than"
+the following working day.
+"2. Every interlocutory application or miscellaneous application,"
+besides bearing a centralized annual serial number against which it
+154
+"is registered in the register of petitions in the computer, shall also"
+bear a serial number in the chronological order of its presentation
+in the proceeding.
+Peremptory Order
+"1. Where a peremptory order has been made, the dealing Assistant shall"
+make a note in the diary register and call for compliance report from
+the concerned official immediately after the expiry of the period
+stipulated in the order.
+"2. If the peremptory order has not been complied with, on the basis of the"
+"report of the concerned official, the dealing Assistant shall submit the"
+"factum of non-compliance to the Assistant Registrar, and, under"
+"approval, the consequence shall ensue and the case shall be updated"
+accordingly in the computer within a week of the expiry of the
+stipulated period.
+Explanation: Part compliance of a peremptory order shall be
+deemed to be non-compliance thereof.
+3. A copy of the peremptory order shall be forwarded to the Court
+appealed from within a week of such order.
+Expeditious Communication of Bail Orders and Release Orders
+1. The officer in-charge of the criminal branch shall keep a directory of
+"the Prison officials in India, published by the Bureau of Police"
+"Research and Development, Ministry of Home Affairs, New Delhi."
+"2. In case of release or bail order, excepting subject to the satisfaction of"
+"the Trial Court or any other Authority, a wireless message shall be"
+"sent forthwith to the concerned Jail authority, Registrar of the High"
+"Court and Trial Court along a certified copy of the judgment or order,"
+"as the case may be, by fax, wherever possible, or electronic mode and"
+speed post.
+155
+"3. Where an order directing stay of sentence of death has been made, an"
+"intimation thereof shall be immediately sent by speed post, telegram,"
+"fax, wherever applicable, or electronic mode, to the concerned State,"
+Courts and Jail authority.
+Provided that in case of a petition or appeal involving
+"sentence of death, the filing of such petition or appeal shall be"
+intimated in the same manner and the jailor shall be immediately
+"contacted to ascertain the date, if any, fixed for execution of the"
+sentence and the information shall be immediately placed before the
+Court by way of office report.
+4. The Registrar of the concerned High Court shall also be requested to
+communicate the order to the Trial Court as well as Jail authority as
+expeditiously as possible.
+5. The Officer in-charge (Courts) shall ensure that the Record of
+"Proceedings, judgments or orders of the Court are immediately sent to"
+the concerned Branch after pronouncement.
+Inclusion of Documents in the Paper Books
+"1. (a) The dealing Assistant shall, from time to time, expeditiously"
+"include documents, such as Record of Proceedings,"
+"judgments/orders, affidavits in opposition, rejoinder affidavits,"
+office reports and other documents in the paper books of the case.
+"(b) No documents, other than the part of the record, shall be included"
+in the paper books.
+2. The documents shall be sent for inclusion in the paper books in
+"accordance with the Schedule mentioned in Chapter XIX, unless"
+otherwise required.
+3. In case the dealing Assistant is unable to send the documents for
+"circulation as per clause 8 of Chapter XVIII, he shall circulate the"
+same in a closed envelope through R&I branch.
+4. It shall be the duty of the dealing Assistant to keep the paper books
+"updated with Record of Proceedings, orders and other documents."
+156
+Decree and Formal Order
+1. The decree shall be prepared within one week from the date of the
+judgment and order.
+2. The files shall be sent to the Decree branch within two days from the
+date of judgment/order or from the date of receipt of files from the
+Court Master.
+3. The draft shall be vetted and forwarded to the Additional
+Registrar/Deputy Registrar by the Branch Officer for approval and
+signature.
+4. After the decree is signed by the Additional Registrar/Deputy
+"Registrar, the file shall be sent back to the concerned Judicial"
+branch.
+5. The dealing Assistant shall prepare formal order in criminal cases
+"forthwith where the lis has been finally adjudicated by the Court,"
+which shall be approved and signed by the Additional
+Registrar/Deputy Registrar with promptitude.
+6. The dealing Assistant shall expeditiously cause to transmit the
+"original records, if received, to the respective Courts below, except"
+"in case of remand where the records shall be transmitted forthwith,"
+"along with a certified copy of the decree or formal order, as the case"
+"may be, wherever required, to such Courts."
+Linked and Connected Cases
+"1. Cases arising from the same judgment/order/notification/F.I.R., etc.,"
+shall be referred as the ‘linked cases’ and cases involving similar
+"points of law and/or fact, though arising from different"
+"judgment/order/notification/F.I.R., etc., shall be referred as the"
+‘connected cases’.
+2. It shall also be the responsibility of the Branch Officer and dealing
+Assistant to keep track of the linked and connected cases for being
+listed together for analogous hearing. All such cases shall be clubbed
+"together High Court/State-wise and allotted to an Assistant, dealing"
+157
+with the oldest or main case in the bunch intra-branch.
+"3. No case shall be treated as connected case, unless specifically ordered"
+"by the Court. In case the connected cases, owing to the roster, are"
+"required to be listed before different Benches, the Registrar (J-I) shall"
+place them before the Chief Justice for orders as to the Bench before
+which such cases may be listed for analogous hearing.
+Translation
+"Under Order VIII Rule 2 of the Rules, no documents in language other than"
+English shall be used for the purpose of any proceedings before the Court.
+"The documents in languages, other than English, are required to be"
+translated into English.
+"(a) Where a party has to incur the expenses for translation, the Branch"
+Officer of the concerned Judicial branch shall mark the documents to
+"be translated and, after taking the approval of the Additional Registrar"
+"or Deputy Registrar, as the case may be, send the file to the Branch"
+"Officer, Translation Cell."
+"(b) The Branch Officer, after calculating the estimated cost of translation"
+and obtaining the approval of the Additional Registrar or Deputy
+"Registrar, shall return the file to the Judicial branch so that the"
+estimated amount can be deposited by the party concerned.
+"(c) Upon deposit of the estimated amount, the file shall be returned to the"
+Translation Cell for translation.
+(d) The Branch Officer shall obtain the approval of the name of the
+translator from the Additional Registrar or Deputy Registrar. A
+register containing the names of translators of different languages
+shall be maintained and work shall be allocated chronologically.
+"(e) After the translation and receipt of the bill from the translator, the"
+Branch Officer shall send the file along with the bill to the Registrar/
+"Head of Office, through concerned Registrar, for according financial"
+sanction and for payment.
+158
+"(f) After such orders, the file shall be returned to the Branch Officer of"
+the concerned Judicial branch.
+Urgent actions should not be held up for want of file from the
+Translation Cell.
+"(g) Since the aspect of cost is not involved in jail petitions, the translation"
+of documents shall be done expeditiously.
+(h) A panel of translators is maintained by the Registry for translating
+documents from Hindi/vernacular language to English on payment of
+prescribed charges. The charges payable are as under:
+S. Description Approved rates per
+No. page (200 words)
+1. Translation charges for the first 10 pages Rs. 50/- per page
+2. Translation charges for the next 10 pages Rs. 40/- per page
+3. Translation charges for the next 30 pages Rs. 35/- per page
+4. Translation charges for the next 50 pages Rs. 30/- per page
+5. Translation charges for the next 100 Rs. 25/- per page
+pages
+6. Minimum charges upto five pages Rs. 250/-
+7. Approval of translation Rs. 15/- per page
+8. Typing charges Rs.12.00 per page
+for each additional
+copy @ Re.1.20 p.
+per page.
+Consignment to the Record Room
+"1.(a) If no steps, after verification, are required to be taken on the file, such"
+"as relating to Security, Bank Guarantee, FDR, Report, if any, received"
+"in a sealed cover or the like, the file shall be consigned to the Record"
+Room after properly indexing the file within fifteen days from the date
+of disposal of the case.
+(b) An entry of the result of the case and consequent consignment of the
+159
+file to the Record Room shall be made in the relevant register.
+"(c) Where a future date has been given for compliance of the order, such"
+"as, vacation of premises in a landlord-tenant case or the like, such"
+"cases shall also be consigned, subject to the note that the same shall"
+"not be weeded out till the period for preservation, which shall be"
+reckoned from that future date.
+"2.(a) Any file consigned to the Record Room may be requisitioned, in"
+"writing, under acknowledgment, by an officer not below the rank of"
+"Branch Officer in admission hearing cases, and not below the rank of"
+"Assistant Registrar in regular hearing cases, indicating the purpose,"
+"except in case of requisition by the Court, which shall be made by the"
+Court Master indicating the Item number in which such file is
+required.
+"(b) In case of urgent requirement during the course of hearing of any case,"
+the Court Master shall inform the concerned Branch Officer on
+"telephone, followed by a proper requisition. Such file shall be sent to"
+the Court immediately.
+(c) Any file requisitioned by the Branch Officer or Assistant Registrar
+"shall be transmitted on the same day, if possible, but in no case later"
+than the following working day.
+(d) The requisitioned files shall be returned to the Record Room at the
+earliest when no longer required.
+3.(a) In cases where acknowledgments of letters forwarding certified copies
+of judgments/orders or transmitting original records or Registered
+A.D. cards or similar such documents are received in the Judicial
+"Branches, pursuant to the consignment of the case files to the Record"
+"Room, such documents shall be included in the concerned files in the"
+Record Room and the files in relation thereto shall not be sent to the
+Judicial branch for this purpose.
+"(b) The Judicial branch shall send such documents to the Record Room,"
+under acknowledgment.
+160
+4. A register shall be maintained in the Record Room for the purpose of
+requisition/transmission of files.
+5. The requisitions shall not be destroyed for a period of one year.
+General
+"1. Consequent upon service of notice or otherwise, if a respondent"
+transmits documents by post for being considered by the Court at the
+"time of hearing and state that he will be unable to appear in-person,"
+such documents shall be placed before the Court.
+"2.(a) In case of expedited, short or specially directed cases, the forwarding"
+letter shall indicate that the case has been expedited and the original
+"records, if requisitioned, shall be transmitted as also the certificate of"
+service within one month of the receipt of the letter.
+"(b) In case the original records and certificate of service are not received,"
+the Registrar of the Court appealed from be requested to transmit
+them expeditiously.
+"(c) In cases other than (a) above, if the notice of lodgment of petition of"
+appeal sent to the Court appealed from is not received back either
+"served or unserved within sixty days from the date of issue, the"
+Registrar of the Court appealed from shall be requested to expedite
+the process.
+(d) Such cases shall be made ready within a period of six months from the
+date of the order.
+(e) While endorsing notice to the appellant in-person or the advocate on-
+"record for the appellant, an option shall be given to him to effect"
+service by Registered Post directly upon the respondent by submitting
+additional copies of the paper books.
+3. If any process is received back unserved for want of complete/correct
+"address or it is reported that the addressee is avoiding service, the"
+party in-person or the advocate on-record for the
+161
+petitioner/appellant/applicant shall be requested to take necessary
+steps to effect service on the unserved respondent(s).
+"4. Wherever notice has been issued to the Attorney General for India, in"
+"such cases, the words ‘Attorney General for India’ shall be shown in"
+the cause list along with the names of the advocates on-record.
+5. In cases where any law officer or any other advocate or senior
+"advocate has been appointed as an amicus curiae, the name of such"
+law officer or advocate or senior advocate shall be shown in the cause
+list.
+"6. In a case where notice has been issued to a party in-person, it shall be"
+"effected on the said party only and none else, regardless of the fact"
+"that the said party is an advocate. In the office report, it shall be"
+mentioned that the notice has been served on the party concerned
+personally.
+"7. Whenever notice to show cause is issued to the respondent(s), the"
+notice shall indicate a note mentioning the availability of the Supreme
+Court Legal Services Committee and Middle Income Group Legal Aid
+"Society in the Supreme Court, wherever required."
+8. The cases which have been adjourned for a particular period/month
+"shall be listed before the Court, irrespective of the fact whether"
+affidavit in opposition or rejoinder or any document has been filed or
+not.
+"9. The contempt petition, on a returnable date, shall be listed before the"
+"Court, even if service is incomplete or affidavit in opposition has not"
+been filed.
+"10. In case where intervention is allowed by the Court, the intervenor(s)"
+shall be entitled to receive documents produced and relied upon by the
+"petitioner(s), unless otherwise directed by the Court, and no"
+"application shall be received or entertained, unless service thereof is"
+effected on the intervenor(s).
+162
+11. (a) Office reports shall be cohesive and comprehensive with latest
+service position indicating the details of mode of service as also
+other details and shall specifically indicate in the concluding
+paragraph the orders sought from the Court.
+(b) The documents enclosed with the office reports shall be duly
+tagged.
+"(c) Whenever a reference is made to any annexure(s), page"
+number(s) given to the annexure(s) in the paper book shall be
+mentioned in the office report against the annexure(s).
+(d) Whenever reference is made in the office report about the
+"pendency of another case in the Court, details, in brief,"
+regarding position and exact status of that pending case shall be
+mentioned in the office report.
+"(e) In a review petition, if the original paper books are not"
+available and have been weeded out after due preservation
+"under the Rules, it shall be indicated in the office report for the"
+perusal of the Court.
+12. Where notice has been served on the respondent(s) but no appearance
+"has been filed, such case shall be treated as complete and be updated"
+and listed before the Court.
+"13. If a case has been tagged with a case relating to another branch, a"
+copy of the Record of Proceedings shall immediately be sent to that
+another branch for necessary action thereon.
+"14. In transferred cases, original records need not be returned. They shall"
+be re-numbered and treated as original file.
+15. The Decree branch shall also check whether any action is required to
+"be taken in terms of the orders of the Court and, in such a case, the file"
+may be sent back to the Judicial branch.
+163
+16. The officers and officials shall take extra care and caution in regard to
+handling of files and keep strict vigil on the movements thereof. They
+shall ensure that files and records sent to the Courts and other places
+are retrieved back in time and sent to the custodian. The Class III non-
+ministerial staff deputed for transmission of files must be given strict
+instructions to perform their duties effectively and not to leave the
+files unguarded at any unauthorized place.
+17. The advocates on-record and parties may contact the Assistant
+Registrar concerned during the working hours in relation to a case and
+"shall not visit the branch, except with the prior permission of the"
+concerned Assistant Registrar.
+18. In cases involving death sentence and where the appellant or the
+"respondent is in jail and is not represented by an advocate on-record,"
+the records shall be prepared and filed by the State.
+19. (a) Affidavits in opposition shall be filed five days prior to the
+actual date of hearing.
+(b) Rejoinder affidavits shall be filed before two days before the
+actual date of hearing.
+"(c) Other documents, including letters for adjournments, be filed"
+within two days prior to the actual date of hearing.
+(d) No departure from clauses (a) to (c) above shall take place save
+with the permission of the Court.
+20. An application for cancellation of date(s) shall be processed on the
+same day of the receipt in the Judicial branch.
+21. The applications or documents shall be scrutinized carefully and all
+the defects shall be notified in the first instance. Irrelevant defects
+shall not be notified.
+"22. In no case, the file of a case shall be given to any advocate or a party."
+164
+CHAPTER XVII
+"PROCESS, WARRANTS AND SERVICE OF DOCUMENTS"
+1. Except where otherwise provided by any statute or prescribed by the
+"Rules, all notices, orders or other documents required to be given to or"
+served on any person shall be served by the Registry in the manner
+provided by the Code for service of a summons.
+2.(a) In order to avoid delay in the service of the notice on the Union of
+"India or any State Government or any of its Authorities, the"
+petitioner/appellant shall specify the proper department and address
+"of the Union of India or the State Government or its Authorities, as"
+"the case may be, on whom the notice is required to be served."
+(b) The service of notice on the Standing counsel/advocate for the
+Union Government or the State Government/In-charge of the
+Central Agency Section/Special Officer/Resident Commissioner
+appointed by the State Government or any of the authorities in Delhi
+shall be treated as sufficient service on the concerned Government
+or any of its department.
+"3. Service of any notice, order or other document on the advocate on-"
+record of any party at his address registered with office or registered
+eMail address or by leaving it with a clerk in his employ at his office or
+by sending it at his registered eMail address shall be deemed service on
+the party on whom he represents.
+"4. While issuing notice/communication through registered post/speed post,"
+"Bar Coding Slips, in triplicate, containing a unique number shall be used"
+in the following manner:
+(i) First copy of the Bar Coding Slip shall be affixed on the
+Registered A.D. and Registered parcel;
+(ii) Second copy of the Bar Coding Slip shall be affixed on the office
+copy of the notice issued by the concerned branch; and
+(iii) Third copy of the Bar Coding Slip shall be retained by the R&I
+branch for its record.
+165
+5. The unique number in the Bar Coding Slip shall be used to ascertain the
+exact status as to the delivery thereof through internet and print out
+thereof can be downloaded from the internet.
+6. The branch shall take out the print of the track report as to the delivery
+status of the notice/communication and enclose it with the office report
+in a case to be placed before the concerned Court.
+7. Where a notice has been issued by Registered A.D./Registered parcel
+and has been properly addressed but neither the unserved envelope
+containing the notice nor the acknowledgment has been received back
+"for a period of thirty days from the date of issue of notice, it shall be"
+presumed that notice has been duly served.
+8. Refusal by a party or his advocate on-record or his registered clerk to
+accept notice shall be treated as deemed service.
+"9. Service of any notice, order or other document upon a party residing"
+at a place within the territory of India may ordinarily be effected by
+registered post/registered parcel/speed post at his address or
+personally at the place where he ordinarily resides or his agent
+"empowered to accept service, or by eMail or fax or approved courier"
+"service, if any, or through the District Judge concerned."
+10. The Registrar may in a particular case or class of cases permit that the
+service shall be effected in the manner provided by the Code for the
+service of summons.
+"11. (a) Where dasti service, i.e., service through party has been"
+"directed, the party shall, unless permitted otherwise, within"
+"fifteen days of issue of dasti, tender the dasti notice to"
+addressee in-person and obtain acknowledgment from him. In
+case the addressee declines to receive or acknowledge the
+"service of notice, the party shall move the principal civil court,"
+"other than the High Court, within local limits of whom"
+addressee resides or carries on business or personally works for
+"gain, for service through special bailiff."
+(b) The concerned court shall direct expeditious service of notice
+166
+through special bailiff and cause a report of service to be sent to
+"the Registrar of this Court by Registered A.D./speed post,"
+charges wherefor shall be paid by the party and forward a copy
+"of the said report through the party, for being submitted to this"
+Court.
+"(c) Where service is to be effected by the party, he shall file an"
+affidavit of service along with proof thereof stating the manner
+in which the service has been effected.
+"(d) Where service has been effected through another Court, it may"
+be proved by the deposition or affidavit of the serving officer
+made before the Court through which the service was effected.
+(e) Where the opposite party or his agent or other person on his
+"behalf refuses to sign the acknowledgment, or where the"
+"serving officer, after using all due and reasonable diligence,"
+cannot find the opposite party at his residence and in case the
+"notice cannot be served in the ordinary manner, the notice shall"
+be served by affixing a copy thereof in some conspicuous place
+in the Court-house and also upon some conspicuous part of the
+"house, if any, in which the respondent is known to have last"
+"resided or carried on business or personally worked for gain, or"
+"in such other manner, as the Court thinks fit."
+12. In case where notice has been directed to be served through the
+District Judge –
+(a) the petitioner shall furnish complete address of the District
+"Judge within seven days; in default, the case shall be listed with"
+office report on default.
+"(b) In case particulars have been given, notice shall be sent to the"
+District Judge along with the covering letter in ‘Form A’
+conveying the order that service of such notice is to be effected
+through the concerned District Judge.
+"(c) In case of dasti notice [by hand], the notice along with covering"
+letter in ‘Form B’ shall be handed over to the petitioner so that
+167
+it may be delivered to the concerned District Judge.
+The operative portion of the Forms read as under:
+Form ‘A’
+"Whereas in the aforementioned petition, it has been ordered"
+"that the notice be served upon the Respondent No(s)…….,"
+"through the District Judge concerned. Therefore, notice(s), in"
+"duplicate, is/are being sent to you for effecting service upon the"
+Respondent No(s)………..
+You are requested to kindly get the notice(s) served in
+accordance with law and submit the service report to this Court
+without delay.
+"Yours faithfully,"
+Assistant Registrar
+Form ‘B’
+"Whereas in the aforementioned petition/appeal, it has been"
+ordered that the notice(s) be served upon the Respondent No(s)
+……… through the District Judge concerned and the petitioner
+"has been permitted to take out the notice(s) in ‘Dasti’ (i.e., by"
+hand).
+You are requested to kindly get the notice(s) served in
+accordance with law and submit the service report to this Court
+without delay.
+If Rules require payment of any additional fee (like special
+"bailiff charges and petitioner seeks special bailiff), you may get"
+the fee deposited in advance.
+"Yours faithfully,"
+Assistant Registrar
+168
+13. Where service of notice is to be effected by substituted service through
+"publication in the newspapers, the newspapers shall be daily"
+"newspapers, in English and in vernacular language of the place, having"
+wide circulation in the locality in which the respondent is last known to
+"have actually and voluntarily resided, carried on business or personally"
+worked for gain.
+"14. Where the opposite party is confined in jail, the notice shall be"
+delivered to the officer in-charge of the jail for service on the said
+party.
+15. Service of notice on the respondent/non-applicant/opposite party or
+where a party residing out of India has no agent or Political Agent or
+Court shall be served in terms of Order V of the Code.
+"16. In terms of Circular No. F.No. 12(77)/10-Judl. dated 18th August, 2011,"
+"issued by Ministry of L&J, Department of Legal Affairs (Judl."
+"Section), the Department of Legal Affairs shall be the Central"
+Authority for service of notices/summons of judicial and extra-judicial
+documents under the Hague Convention of 1965/Mutual Legal
+Assistance Treaties/Reciprocal arrangements with foreign countries in
+civil and commercial matters. The circular reads as under:
+F.No. 12(77)/10-Judl.
+Ministry of Law and Justice
+Department of Legal Affairs
+(Judicial Section)
+"Shastri Bhawan, New Delhi"
+Dated 18.8.2011
+Office Memorandum
+Sub: Service Abroad of Judicial and Extra-judicial Documents
+under the Hague Convention of 1965/Mutual Legal
+Assistance Treaties/Reciprocal arrangements with foreign
+countries in civil and commercial Matters--regarding.
+169
+The undersigned is directed to refer to the subject cited
+above and to state that this Department is the Central
+Authority for service of summons/notices in foreign
+countries under the provisions of the above Agreements.
+It has been observed by this Department that a large
+number of documents received from the various courts are
+incomplete in one respect or the other and it gets quite
+difficult to process those documents to the foreign countries
+for service.
+It is therefore requested to all Registrar Generals of
+Supreme Court/High Courts to circulate the following
+information to the courts within their jurisdiction with the
+directions to ensure the particulars of documents before
+sending the same to this Department:-
+S. Particulars of information
+No.
+1. Summons/Notices in duplicate shall be issued
+providing 3 months time in advance to this
+Department for effecting the service in foreign
+countries.
+2. Full address of the party and translation of the
+documents in the official language of requesting
+country wherever necessary.
+"3. The Central Authority, USA has authorized to receive"
+the summons/notices under Hague Convention of
+"1965 to an agency, Process Forward International."
+The Notice/summons for USA may therefore be sent
+directly by the Courts to Process Forwarding
+"International, 633 Yesler Way, Seattle, WA 98104,"
+USA along with the required fee etc. (details available
+at www.hcch.net).
+4. Ministry of Home Affairs is the nodal ministry and
+Central Authority for seeking and providing the
+170
+mutual legal assistance in criminal law matters.
+Ministry of Home Affairs receives all kind of such
+"requests, examines and takes appropriate action (as"
+per circular no. T4410/14/2006 dated 30.04.2010 of
+Ministry of External Affairs).
+5. The Central Authorities in Canada are charging a cost
+of $50.00 Canadian for the process of service under
+the Hague Convention of Service Abroad of Judicial
+"and Extra-judicial Matters, 1965. The payment"
+accompanying the documents to be served must be in
+"the form of a traveller’s cheque or a cheque, in the"
+amount of Can $50 per request. The travellers cheque
+or cheque must be drawn on a Canadian Bank. The
+details may be seen at www.hcch.net.
+6. Consulate General of India in Sydney has informed
+that the Sheriff’s Office of NSW levies a fee of AUD
+54 for serving summons through their office. The fee
+could be remitted in favour of the Consulate General
+"of India, Sydney and the details of the ‘Head of"
+Account’ under which such payment has to be debited
+be provided for making necessary action. (details
+available at www.hcch.net).
+7. This Department process the service of
+summons/notices in civil and commercial matters
+issued by an Indian court for service on a person
+residing in a foreign country with which there is any
+reciprocal arrangement. The list of member
+State/non-member State may be seen at
+www.hcch.net
+171
+F.No. 12(20)/2013-Judl.
+FTS No.2144/R&I/2013
+No. 12(80)/2013-Judl.
+Department of Legal Affairs
+Judicial Section
+The Notice/Summon received for processing under the
+provision of ‘The Hague Convention in Civil and Commercial
+Matters’ are returned herewith for the reasons as mentioned below:
+Sl. Particulars of information
+No.
+"1. As per the experience, various foreign authorities are"
+not entertaining our request for legal assistance in such
+matters if the date of appearance of
+respondents/hearing of case are less than three months.
+Due to large no. of such requests being received from
+"various courts in India/foreign authorities, this"
+Department also needs one-two month time in
+processing the requests in this department as well as
+the time taken by postal department.
+Kindly issue a fresh notice/summon providing 4-5
+months time in advance for effecting the service in
+foreign countries.
+2. Summons/Notices in original are not in duplicate.
+Notice/summon in original along with the copy of
+petition may be provided in duplicate.
+3. Full address of the party and translation of the
+documents in the official language of requesting
+"country wherever necessary (viz. in the case of China,"
+Arabic Countries etc.)
+"4. The Central Authority, USA has authorized to receive"
+the summons/notices under Hague Convention of 1965
+172
+"to an agency, Processing Forward International, 633"
+"Yesler Way, Seattle, WA 98104, USA. The"
+Notice/summons for service in USA may therefore be
+sent directly by the Courts to Process Forwarding
+International along with the required fee etc. (details
+available at www.hcch.net ).
+5. Ministry of Home Affairs is the nodal ministry and
+Central Authority for seeking and providing the legal
+assistance in criminal law matters. Ministry of Home
+"Affairs receives all kind of such requests, examines and"
+takes appropriate action (as per circular no. T
+4410/14/2006 dated 30.04.2010 of Ministry of External
+"Affairs). Please send the documents to Legal Cell,"
+"Internal Security-II Dvsn., MHA, Hall-B, floor,"
+"NDCC-II Building, Jai Singh Road, New Delhi-"
+"110001. PH-23438115/8184/8083 FAX-8045, Email-"
+us-legal@mha.gov.in.
+6. The Central Authorities in Canada are charging a cost
+of $50.00 Canadian for the process of service under the
+Hague Convention of Service Abroad of Judicial and
+"Extra-Judicial Matters, 1965. The payment,"
+"accompanying the documents to be served, must be in"
+"the form of a traveller’s cheque or a cheque, in the"
+amount of Can $50. The travellers cheque or cheque
+must be drawn on a Canadian Bank. The details may be
+seen at www.hcch.net.
+7. Consulate General of India in Sydney has informed
+that the Sheriff’s Office of NSW levies a fee of AUD
+54 for serving summons through their office. The fee
+could be remitted in favour of the Consulate General of
+India Sydney and the details of the ‘Head of Account’
+under which such payment has to be debited be
+provided for making necessary action. (details
+available at www.hcch.net).
+173
+8. The documents as received from foreign country along
+with the report in original are sent herewith for taking
+further necessary action at your end.
+"17. (a) In criminal proceedings, to compel appearance of an"
+"accused, the Court may direct issuance of warrant and other"
+process in the manner provided by the Code.
+"(b) The notice shall, if practicable, be served personally on the"
+person concerned.
+"(c) Where the person, by exercise of due diligence, cannot be"
+"found, the notice may be served by leaving it with some adult"
+"male member of his family residing with him, and the person"
+with whom the notice is so left shall sign a receipt therefor.
+"(d) If service, with due diligence, cannot be effected on the person"
+"concerned, the serving officer shall affix a copy of the notice on"
+some conspicuous part of the house or homestead in which the
+"person ordinarily resides and the Court, after making such"
+"inquiries as it thinks fit, may either declare the notice to have"
+been duly served or order fresh service in such manner as it
+considers proper.
+(e) Where the person concerned is in the active service of the
+"Government, the Court shall ordinarily send the notice to the"
+"head of the office in which such person is employed, who shall"
+cause the notice to be served and send receipt to the Court
+under his signature with the endorsement that notice has been
+served.
+"(f) The Court may, if it has reason to believe, that the person"
+"charged is absconding or is otherwise evading service of notice,"
+or if he fails to appear in person or to continue to remain
+"present in person in pursuance of the notice, wherever required,"
+"direct a warrant, bailable or non-bailable, for his arrest,"
+174
+addressed to one or more police officers or may order
+attachment of property.
+(g) Every warrant of arrest ordered by the Court shall be issued
+under the signature of the Registrar in Form No. II in Chapter
+"XIV and shall be executed, as far as may be, in the manner"
+provided by the Code.
+(h) The manner and mode of execution of the warrant has been
+given in Chapter XIV.
+175
+CHAPTER XVIII
+PAPER BOOKS
+1. In a main case and in relation to any application or document filed
+"therein, unless otherwise provided, at least three copies of the paper"
+books shall be filed.
+"2. If the case is referred to a larger Bench, such additional number of"
+"copies of paper books, as may be required as per the composition of"
+"larger Bench, shall be filed within one week from the date of order"
+referring the case to a larger Bench.
+3. The index of the paper books shall tally with the index of the original
+case file.
+4. The documents for inclusion shall be sent by the Judicial branches to the
+"paper book godown [Section IA (Annexe)], under acknowledgment, on"
+"weekly basis, except in urgent circumstances."
+"5. The Branch Officers of Judicial branches, shall, wherever a diary"
+"number, pursuant to the order/notice by the Court, has been converted"
+"into special leave petition or appeal number, intimate the special leave"
+"petition or appeal number, in writing, to the Assistant Registrar, in-"
+"charge of paper books godown, and send the relevant copies of Record"
+of Proceedings for inclusion in the paper books.
+"6. The paper books of the cases shall not be preserved, from the date of"
+"order of disposal, for more than two months and shall be destroyed"
+"accordingly, except in the case of transfer petitions, which shall be"
+destroyed after one month from the date of disposal.
+7. The paper books shall be maintained properly and dust-free.
+8. No documents for circulation shall be accepted on working days after
+"4:00 p.m., except on Saturday after 12.00 noon, for the cases listed on"
+the following working day.
+176
+"9. No request for supply, or copy, of paper book shall be accepted, except"
+in accordance with Order XIII of the Rules.
+10. Green tags with ‘plastic ends of 1’ shall be used in the paper books.
+11. The inclusion of documents in the paper-books shall be accepted in
+Section 1A (Annexe) as per the following schedule:
+Monday
+II - from 10.30 a.m. to 12.00 noon
+IIB - from 12.00 noon to 1.00 p.m.
+IIC - from 2.30 p.m. to 3.30 p.m.
+IV - from 3.30 p.m. to 4.30 p.m.
+Tuesday
+IIA - from 10.30 a.m. to 12.00 noon
+III - from 12.00 noon to 1.00 p.m.
+IVB - from 2.00 noon to 3.00 p.m.
+IX - from 3.00 p.m. to 4.00 p.m.
+Wednesday
+IVA - from 10.30 a.m. to 12.00 noon
+X - from 12.00 noon to 1.00 p.m.
+XI - from 2.00 p.m. to 3.30 p.m.
+Thursday
+XVII - from 10.30 a.m. to 12.00 noon
+XVIA - from 12.00 noon to 1.00 p.m.
+XIV - from 2.00 p.m. to 3.30 p.m.
+XIA - from 3.30 p.m. to 4.30 p.m.
+Friday
+XV - from 10.30 a.m. to 12.00 noon
+XIIA - from 12.00 noon to 1.00 p.m.
+IIIA - from 2.00 p.m. to 3.00 p.m.
+PIL - from 3.00 p.m. to 4.00 p.m.
+177
+Saturday
+XII - from 10.30 a.m. to 11.30 a.m.
+XVI - from 11.30 a.m. to 12.30 p.m.
+General
+1. The Assistant Registrar and the Branch Officer shall ensure that
+circulation of documents shall be sent to the Paper Books branch as
+soon as they are ready for circulation and shall not send the whole
+circulation together at the eleventh hour.
+2. In case any additional documents have been received in a case which
+"has appeared in the advance list or final list, such documents shall be"
+sent to the Paper Books branch with the remark “The matter has
+appeared in the advance list or final list”. In case the paper books are
+"in the custody of Paper Books branch, such documents shall be"
+"included forthwith, otherwise they shall be sent by way of circulation."
+3. Letters for adjournment shall be sent for circulation only in cases
+which have appeared in the final cause list.
+4. The Record of Proceedings or other documents shall specifically
+"mention the Court number, item number and date of listing at the top"
+"right corner of such documents, if the case has appeared in the final"
+cause list.
+"5. De hors the schedule, any Judicial branch can send any Record of"
+Proceedings or documents for inclusion between 3.30 p.m. and 4.30
+p.m. on Wednesday.
+"6. A dealing Assistant shall, expeditiously but not later than three days,"
+"ensure that Record of Proceedings/orders or other documents, sent by"
+"the Judicial branches, are included in the Paper Books."
+7. Whenever any document is received for inclusion in the Paper Books
+"branch, under acknowledgment, it shall be the responsibility of the"
+branch to include the document in the concerned paper books.
+178
+"8. A document, Record of Proceedings or order once circulated shall not"
+be sent again for inclusion by the Judicial branches.
+"9. Inclusion of documents shall be done carefully, preferably with the"
+help of punching machine and paper cutters so that the shape and size
+of the paper books are not disturbed and the documents included do
+not come out of the paper books.
+10. The paper books shall be sent as per schedule/directions given by the
+"Judges. The Branch Officer or dealing Assistant, as the case may be,"
+shall confirm the receipt of the paper books or documents from the
+secretariat of the Judges.
+179
+CHAPTER XIX
+"JUDGMENT, DECREE, ORDER AND REPORT"
+"1. The Court, after the case has been heard, shall pronounce judgment in"
+"open Court, either at once or on some future day, of which due notice"
+"shall be given to the parties or their advocates on-record, and the"
+decree or order shall be drawn up in accordance therewith.
+2. A member of the Bench may read a judgment prepared by another
+member of the Bench.
+3. Subject to the provisions relating to review contained in Order XLVII
+"of the Rules, a judgment pronounced by the Court or by a majority of"
+the Court or by a dissenting Judge in open Court shall not afterwards
+"be altered or added to, except for the purpose of correcting a clerical"
+or arithmetical mistake or an error arising from any accidental slip or
+omission.
+"A judgment, decree or order may also be corrected in the like"
+manner under Section 152 of the Code.
+4. Every decree passed or order made by the Court shall be drawn up in
+the Registry and be signed by the Additional Registrar/Deputy
+Registrar and sealed with the seal of the Court and shall bear the same
+date as the judgment in the suit or appeal.
+5. The decree passed or order made by the Court in every appeal and any
+order for costs in connection with the proceedings therein shall be
+transmitted by the Registrar to the Court appealed from and steps for
+enforcement of such decree or order shall be taken in that Court in the
+manner prescribed by law.
+6. Orders made by the Court in other proceedings shall be transmitted by
+the Registrar to the Judicial or other authority concerned to whom
+such orders are directed and any party may apply to the Judge in
+"Chambers that any such order, including an order for payment of"
+"costs, be transmitted to any other appropriate Court or other authority"
+for enforcement.
+180
+7. In case of doubt or difficulty with regard to a decree or order made by
+"the Court, the Additional Registrar or Deputy Registrar, as the case"
+"may be, shall, before issuing the draft, submit the same to the Court."
+8. Where the draft of any decree or order is required to be settled in the
+presence of the parties or where the parties require it to be settled in
+"their presence, the Registrar or Additional Registrar or Deputy"
+"Registrar shall, by notice in writing, require the parties to appear"
+before him on a day and time specified and to produce the briefs and
+"such other documents, as may be necessary, to enable the draft to be"
+settled.
+"9. Where any party is dissatisfied with the decree or order, as settled by"
+"the Registrar, the Registrar shall not proceed to complete the decree or"
+order without allowing that party sufficient time to apply by motion to
+"the Court, which shall not exceed ninety days from the date of order"
+of the Registrar failing which the Registrar shall proceed to settle the
+decree.
+10. Where any judgment or order of the Bench contains any direction for
+circulation of such judgment or order amongst the High Courts or any
+"authorities or require that the matter be placed before the Chief Justice,"
+the matter shall be placed before the Registrar (J-I) for compliance.
+"11. (i) A copy of every reportable judgment or order, unless"
+"otherwise directed, be supplied to:"
+(a) the Editor/Assistant Editor for the purpose of
+Headnotes in Supreme Court Reports;
+(b) Bar Library;
+(c) Judges Library;
+(d) secretariat of the Judges of the Bench (two copies
+each);
+"(e) concerned Judicial branch for case files (in case of civil,"
+"criminal and death cases; two, four and six copies"
+respectively);
+181
+(f) Parliament House; and
+"(g) Ministry of Law & Justice, Shastri Bhawan."
+"(h) Centre for Research & Planning, Supreme Court of"
+India
+"(ii) A certified copy of the judgment or final order shall be sent,"
+"either in physical or electronic form, under the signature of"
+the Assistant Registrar of the concerned Judicial branch--
+(a) to the Court appealed from;
+"(b) in criminal cases where the accused is not in Jail, to the"
+Court wherefrom the accused had furnished bail;
+"(c) in criminal cases where the person is in Jail, to the"
+Officer in-charge of the Jail for his record;
+(d) in criminal cases where the person is in jail and
+"conviction has been maintained, to the person through"
+the Officer in-charge of the Jail;
+"(e) in criminal cases, first copy be given to the accused"
+without any fee;
+"(f) in writ cases, to the concerned authorities"
+impleaded as parties;
+"(g) in election petitions, to the Central Government for"
+publication in the official gazette;
+"(h) in Reference, a Report to the President or the Governor,"
+as the case may be;
+(i) in Reference made by the Central Government or
+"Statutory Tribunals under Statute, to the Central"
+"Government or Statutory Tribunal, as the case may be."
+12. A copy of the Judgment (reportable and non-reportable) be issued to
+the journals on payment of prescribed charges/annual token fee.
+182
+CHAPTER XX
+CERTIFIED COPIES
+1. A party to a proceeding in the Supreme Court shall be entitled to
+"apply for and receive certified copies of all pleadings, decrees or"
+"orders, documents and deposition of witnesses made or exhibited in"
+the said proceeding at his expense.
+"2. A person, who is not a party to the case, appeal or matter, pending or"
+"disposed of, may apply to the Judge in Chambers in terms of Order"
+"VIII, Rule 6(1) read with Order V Rule 2(37) of the Rules for supply"
+"of copies other than orders/judgments, who, on good cause shown,"
+may allow such person to receive such copies as is or are mentioned
+in the last preceding clause.
+3. An application for ‘certified copy’ or unauthenticated ‘copy’ may be
+presented in Form No. 29 and a copy be given to:
+(i) advocate on-record;
+"(ii) party, even if represented by an advocate on-record;"
+(iii) party in-person;
+"(iv) advocate, other than the advocate who argued the case, whose"
+name is shown in the Record of Proceedings; and
+"(v) advocate, duly authorized by the advocate on-record in the case."
+4. (a) A party may apply by post or eMail to the Registrar (Copying
+Section) giving full particulars of the case along with the
+requisite copying fee for urgent/ordinary delivery and postal
+"charges, wherever required."
+(b) A non party can apply for certified or unauthenticated copy of
+judgments/orders by moving an application in prescribed Form
+29 along with affidavit as mentioned therein.
+5. (a) An application for certified or unauthenticated copy presented at
+"the Copying branch or sent by Post or eMail, shall be"
+scrutinised by the dealing Assistant and in case it is found to
+"be defective, defects shall be notified on the official website"
+183
+"and through SMS, if phone number is given, by Post or"
+"eMail, as the case may be."
+"(b) If the application is found to be in order, it shall be"
+registered and allotted a number. The dealing Assistant shall
+"forthwith issue a receipt therefor. Such receipt shall, inter"
+"alia, indicate the registration number of the application and"
+the date on which the certified copy is likely to be ready.
+"6. On every copy after it is prepared, the following shall be entered:"
+(a) application filed on;
+(b) the date given to receive copy;
+(c) date on which copy is made ready; and
+(d) the date on which the copy is received by the applicant or sent
+to the applicant.
+7. (i) The fee and charges for obtaining certified copy or
+unauthenticated copy shall be as under:
+(a) Re.1/- per folio;
+(b) Rs.5/- for urgent copy;
+(c) Rs.10/- for certification;
+(d) Rs. 5/- in case of application made by a third party;
+(e) Rs. 22/- for postal charges (minimum) in case the request
+is received by registered post or eMail;
+(ii) The copies have been classified into following categories:
+(a) A1- urgent certified copy
+(b) A2 - urgent unauthenticated copy;
+(c) B - ordinary certified copy; and
+(d) C - ordinary unauthenticated copy.
+8. A party can apply for certified or unauthenticated copy of the kind
+mentioned in clause (1) of this Chapter during the working hours on
+all working days of the Registry.
+"9. An accused person shall not be required to pay copying charges,"
+except for copies other than the first.
+184
+"10. A copy of Record of Proceedings, judgment or order is issued within a"
+"day on urgent basis, whereas ordinary copy is issued within three days"
+from the date of registration of the application.
+11. Copies of the documents shall be given within seven days from the
+date of registration of the application or receipt of documents from the
+"concerned Branch, as the case may be."
+12. Every certified copy shall be certified by the Assistant
+"Registrar/Branch Officer or such other officer, as may be authorized in"
+"that behalf by the Registrar, to be true copy of the original and shall be"
+sealed with the seal of the Court in accordance with Rule 6 of Order
+III of the Rules.
+13. (a) No certified copy shall be given of any registered document or
+of a document which is itself a ‘copy’ of the original document.
+"However, if such a document is a copy annexed with any"
+petition/appeal/application/reply or any other pleading
+"presented in Court, then a ‘copy’ may be issued."
+(b) Any copy other than certified copy shall bear an endorsement
+that ‘it is not a certified copy’.
+"14. Notwithstanding anything contained in Order XIII of the Rules, no"
+party or person shall be entitled as of right to receive copies of or
+"extracts from any minutes, letter or document of any confidential"
+"nature or any paper sent, filed or produced, which the Chief Justice or"
+the Court directs to keep in sealed cover or considers to be of
+confidential nature or the publication of which is considered to be not
+"in the interest of the public, except under and in accordance with an"
+order specially made by the Chief Justice or by the Court.
+15. The functioning of the Copying branch shall be regulated as per the
+guidelines and directions issued by the Chief Justice from time to
+time.
+185
+16. (a) Where an application for certified or unauthenticated copy is
+"sent by post or eMail, the prescribed fee/charges shall be"
+"remitted by postal order/demand draft in favour of Registrar,"
+Supreme Court of India.
+"If, on receipt of an application by post or eMail, the"
+"amount is found to be deficient, the applicant shall be informed"
+"by post or eMail, as the case may be, to make good the"
+deficient fee/charges.
+"(b) An application received by post or eMail, shall be acted upon"
+only after receipt of the prescribed fee/charges.
+"(c) On receipt of the prescribed fee/charges by post, court fee shall"
+be purchased and affixed on the application.
+(d) If the defects are not removed within twenty eight days from
+"the date of communication of the defects, the application shall"
+be filed by the Registrar and the Postal Order/Demand Draft
+"may be returned to the applicant, at his expense."
+"(e) Where the defects are removed within the period stipulated, the"
+Copying branch shall proceed to prepare the certified or
+unauthenticated copy applied for and despatch it by registered
+post at the address given in the application.
+"17. Where a certified copy of a digitally signed judgment or order,"
+"transmitted to the main server of the Court, has been applied for,"
+the dealing Assistant shall access the same and shall prepare the
+certified or unauthenticated copy.
+"18. As regards documents, the dealing Assistant shall prepare photocopies"
+"of the documents applied for, if a scanned copy thereof is not"
+"available, and after completing the formalities, certified copy or"
+"unauthenticated copy, as the case may be, shall be prepared and"
+issued.
+186
+19. No certified copy shall contain the signature of the Judges. Care shall
+be taken especially to mask the signatures of the Judges while
+scanning or preparing a photocopy from the original document
+containing such signatures.
+"20. A certified or unauthenticated copy, when ready, shall be delivered to"
+"the applicant or a person authorized by him, under acknowledgment."
+21. The Copying Branch shall maintain a register and accounts in
+respect of all the applications presented or sent by post or
+eMail.
+General
+1. No certified or unauthenticated copy of an ex parte interim order shall
+"be issued to a petitioner/appellant, unless he produces the proof of"
+filing of process in the case.
+2. If a party or advocate on-record desires to obtain a copy of the
+"proceedings of the Court on the same day, he may file the requisite"
+application with correct particulars in that behalf before 11.00 a.m.
+affixing the prescribed fee/charges.
+187
+CHAPTER XXI
+RECORDS
+Inspection or Search
+"1. A party to any cause, appeal or matter, subject to the provisions of the"
+"Rules, may apply in Form No.36 to the concerned Registrar and shall"
+"be allowed to search or inspect records in the case, on payment of the"
+prescribed fee and charges.
+"2. Any person, who is not a party to the case, appeal or matter, may"
+make an application for inspection or search before the Judge in
+Chambers under Order V Rule 2(37) of the Rules.
+"3. (a) A search or inspection, in a pending case, shall be allowed only"
+in the presence of an officer of the Court and after twenty four
+"hours’ notice in writing to the parties, who have appeared."
+"(b) The copies of documents shall not be allowed to be taken, but"
+notes of the search or inspection may be made.
+4. A party or his advocate on-record or an advocate duly authorised
+"by him, or party in-person to any cause, appeal or matter, whether"
+"pending or disposed of, may be allowed to search or inspect the"
+records.
+5. (a) The inspection of the records of a pending case shall be done in
+"the concerned Judicial branch and, in a disposed of case, in the"
+Record Room. The inspection may be permitted under the
+orders of the Branch Officer.
+"(b) In case of original records, the inspection or search shall"
+take place in the branch having the custody of such records.
+6. A register shall be maintained by the Branch Officer and every
+"person seeking search or inspection shall, beforehand, enter"
+necessary particulars therein.
+"7. During search or inspection, no pen or ink shall be used and pencil"
+and paper may be used and no marks shall be made on any record or
+papers inspected. Any violation would deprive the person to inspect
+188
+"such records for such period, as the Registrar may direct."
+"8. The fee for search or inspection by means of court fee shall be Rs.50/-,"
+which shall be non-refundable.
+9. The inspection shall be done within one week from the date on which
+"inspection has been ordered and, in default, the order shall lapse and"
+no inspection shall be permitted without a fresh application.
+Reconstruction
+1. It shall be ensured that record of a case is not lost or misplaced or
+"mutilated by rodents, termites or otherwise."
+"2. Where a record is lost, misplaced or mutilated, either fully or partially,"
+"from the custody of any officer or official of the Registry, the matter"
+shall immediately be reported to the Registrar.
+3. Any delay in reporting matter to the Registrar may invite adverse
+inference.
+4. The Registrar shall cause such report to be circulated amongst
+all the officers and officials of the Judicial branches of the Registry. If
+such record is in the possession of any officer or official of the
+"Registry, he shall immediately intimate the Registrar."
+5. Every possible effort shall be made to trace the record.
+"6. Where the record could not be traced, the Registrar shall record a"
+"finding that the record has been lost, misplaced or mutilated, fully"
+or partially. The matter shall then be placed before the Chief Justice
+"for appropriate orders, including orders for part or full"
+reconstruction of such record.
+"7. Where reconstruction of the record relates to the Court, it shall be"
+reconstructed by the Registrar and where it relates to the High Court
+"or lower Court, it shall be reconstructed by the Registrar of the"
+High Court or Presiding Officer of the lower Court under the
+"supervision of the District Judge, as the case may be."
+189
+Preservation and Destruction
+1. There shall be an index of the record in every case in the form
+prescribed below --
+Index of Papers
+in
+Civil Appeal No.________________ of _____________(or Criminal
+Appeal No._________or Petition No.____________or Suit
+No._________________)
+Cause Title
+Serial Date of filing Description No. of the Remarks
+No. the paper in of paper part to which
+the record it belongs
+"2. The record in each case shall be divided into two parts, Part I to be"
+"preserved permanently in physical, digitized, scanned, microfilmed or"
+such other form as may be decided by the Chief Justice and Part II to
+be preserved for the period as hereinafter provided.
+3. Each paper in the record shall be numbered and entered in the Index.
+"On the first page at top right corner of the document, the part shall be"
+specified to which it will belong.
+4. (a) The period for preserving the record shall be reckoned from the
+date of the final decree or order and in case an application for
+review is filed from the date of the final decree or order made
+on review:
+Provided that where an order is to be given effect on a
+"future date mentioned in the order, the period shall be reckoned"
+from that future date.
+190
+"(b) In the case of registers, the period shall be reckoned from the"
+date of last entry in the register.
+"5. (a) The record of admission hearing cases, including cases for"
+"preliminary hearing, affidavits in opposition, rejoinder"
+"affidavits and documents (except original documents), if any,"
+and such like cases may not be retained beyond one year of
+their disposal.
+"(b) Only the index of documents filed, original documents and the"
+order disposing of the case may be preserved permanently and
+the rest of the papers be discarded and destroyed.
+6. The Registrar may direct that any paper assigned to Part II be
+transferred to Part I for being preserved permanently.
+"7. Records which do not fall under Part I or Part II, as classified below,"
+"shall be referred to the Registrar, who shall decide the Part under"
+which they should be included.
+"8. When any record is ripe for destruction, it shall be effectively"
+shredded and the shredded strips may be disposed of as waste and the
+sale proceeds shall be credited to the Central Government.
+"9. As soon as the record is destroyed, a note shall be made in the index"
+that the record has been destroyed as also the date of destruction by
+the Branch Officer.
+10. A register of records destroyed shall be maintained by the Branch
+Officer and all entries regarding destruction shall be made therein.
+PART I
+The following papers shall be included under Part I:
+1. Index.
+2. Judgment.
+3. Decree or Order.
+"4. Pleadings (Plaint, written statement, set off and counter claim)."
+191
+"5. Petition of appeal, reply in petition of appeal and rejoinder to the"
+"reply, with such annexures as are original documents."
+6. Statement of Case.
+7. Original petitions including admitted special leave petition and Article
+"32 petitions, objection/reply to the notice and rejoinder to the reply,"
+with such annexures as are original documents.
+8. Reference received under Article 143.
+9. Reference received under Article 317(1) or under any Statute.
+"10. Memorandum of compromise, award of arbitrators, which results in a"
+decree.
+11. Original documents.
+"12. Papers of historical, sociological, scientific or archival value and such"
+"other papers, as in the opinion of the Court or the Registrar should be"
+permanently preserved.
+13. Served summons and notices.
+14. Acknowledgments(s) of receipt of summons and notices by the
+respondent(s)/opposite party(ies).
+"15. Affidavit of service, if any, filed under Rule 5, Order LIII of the"
+Rules.
+16. Any other document evidencing the service of summons and notices
+on the respondents(s)/opposite party(ies).
+Registers
+"1. Registers of suits, civil and criminal appeals, petitions under Article"
+"32, special leave petitions, special references and miscellaneous"
+petitions.
+2. Rolls of advocates and enrollment files.
+PART II
+The following papers shall be included in Part II and shall be destroyed after
+the period indicated below:
+"1. Appearance, power of attorney and Vakalatnama. One year"
+2. Affidavits. One year
+3. Taxation files including bills of costs. One year
+4. Register of bills of costs. One year
+192
+5. Despatch register. One year
+6. Applications for condonation of delay and such One year
+other formal application
+7. Correspondence in cases. One year
+8. “Unclaimed documents other than original documents” One year
+9. Office notes in the case files One year
+10. Copies of Unserved summons and notices. One year
+11. Copying register. One year
+"12. Surplus copies of printed records, and of pleading One year"
+and petitions
+13. Minutes Book of the Judge to be destroyed by One year
+burning on the laying down of office by the
+Judge unless the Judge desires to retain them
+in his personal custody.
+193
+CHAPTER XXII
+PAYMENT INTO AND OUT OF COURT OF SUITORS’ FUNDS
+1. Any amount directed to be paid into the Court to the credit of any case
+"shall be paid into the UCO Bank, Supreme Court Compound, New"
+"Delhi (or any other Nationalised Bank(s), as may be directed by the"
+Chief Justice from time to time) into an account entitled ‘Government
+Account-P-Deposits and Advances-II Deposits Not Bearing Int.-(c)
+other Deposits A/cs.-Deptl. and Judicial Deposits-Civil Deposits-Civil
+Court Deposits’.
+"2. The Registrar may, in appropriate cases, authorise the acceptance of"
+"moneys by demand drafts, banker’s cheques or pay orders issued in"
+favour of the Registrar and payable in Delhi or New Delhi by a
+Nationalised/Scheduled Bank and direct that the said amount be
+"deposited with the Bank. On encashment, the date of tender in such"
+"cases shall be deemed to be the date on which such draft, cheque or"
+pay order has been presented for encashment:
+"Provided that such tender by demand draft, banker’s cheque or"
+pay order has been made a day prior to the due date.
+3. A Lodgment Schedule in Form No.25 shall be presented by the person
+ordered to pay money into Court to the Branch Officer of the
+Accounts branch for issue of a challan to enable him to make the
+payment into the Bank. It shall be accompanied by a copy of the order
+directing the payment or shall bear a certificate from the Registrar
+endorsed thereon the amount to be paid and the time within which the
+payment is to be made.
+"4. (a) On presentation, a challan, in duplicate, specifying the amount"
+"and the date within which payment is to be made but, in no case"
+"exceeding ten days from the date of issue of the challan, shall"
+"be issued by the Branch Officer to such party, who shall present"
+the same at the Bank and make the payment.
+194
+"(b) On receiving payment, a copy of the challan duly signed and"
+"dated, acknowledging the receipt of the money shall be returned"
+to the person making the payment.
+(c) The Bank shall not accept the payment if the amount is
+tendered beyond the date mentioned in the challan as the last
+date for payment.
+"5. On production of the copy of the challan acknowledging payment, a"
+credit entry shall be made in the books maintained by the Accounts
+branch for the said amount. A receipt signed by the Registrar shall be
+issued to him and the said challan shall be retained in the branch.
+6. (a) The Branch Officer shall keep a register causewise in respect of
+"all money, effects and securities. The purpose of deposit and the"
+"orders of attachment received, if any, of the funds shall be duly"
+entered in the register.
+(b) No money shall be paid out of the funds in Court without an
+order of the Court.
+7. An application shall be made to the Court for payment out of Court.
+It shall be accompanied by a Certificate of Funds signed by the
+"Registrar showing the amount standing to the credit of the case, from"
+"which payment out of Court is sought and the claims and attachments,"
+"if any, subsisting thereon on the date of the certificate."
+"8. (a) If the Court makes an order in favour of a party, he shall apply"
+"to the Registrar for payment in accordance with the said order,"
+who shall issue an order for payment in the prescribed form.
+The payment order shall be endorsed at the same time on the
+original challan received from the Bank.
+(b) The payment order together with the challan duly endorsed for
+"payment shall be handed over to such party, who shall present"
+"the same to the Pay and Accounts Officer, Supreme Court of"
+"India, New Delhi, and obtain payment."
+195
+"(c) Where, however, the entire amount of the challan or the entire"
+balance remaining unpaid thereunder is not to be paid out to
+"such party, the original challan shall not be handed over to him,"
+but only a copy thereof endorsed for payment shall be given to
+"him for presentation to the Pay and Accounts Officer, the"
+original challan being retained in the Accounts branch until the
+funds are fully paid out.
+9. Where a party seeks payment of the moneys or securities paid to the
+"Registrar or deposited with him, a commission will be recovered from"
+it at the rate of one per cent and two per cent respectively on the
+"principal amount and the interest drawn on the invested money,"
+"subject to the maximum of Rs. 15,000/-."
+"10. (a) The Branch Officer, shall check and tally the accounts"
+maintained in the branch every month with the monthly
+statements of receipts and payments to be received from the
+Pay and Accounts Officer.
+(b) The Registrar shall certify under his signature every month that
+the accounts have been duly checked and tallied.
+11. Fees of Rs. 250/- for registration of an advocate on-record shall be
+paid into the Bank to the credit of an account entitled ‘XXI-
+Administration of Justice Receipts of the Supreme Court’.
+12. Fees of Rs. 100/- shall be payable for registering a clerk of an
+advocate or a firm of advocates.
+"13. Fees of Rs. 50/- shall be payable, on requisition, for issue of an"
+identity card in substitution of one that is lost or damaged.
+14. Where a party seeks photograph copies or copies of maps filed in any
+"case, he shall pay the actual charges to be incurred in cash for the"
+same.
+196
+"15. (a) In a disposed of case in which the amount has been deposited,"
+the concerned Judicial branch shall immediately inform the
+Cash and Accounts-II branch by supplying the copy of the order
+so that the requisite information can be updated in the records
+of the branch.
+(b) The list of unclaimed deposits lying in the Suitors’ Fund shall
+"be uploaded on the official website, on monthly basis, so as to"
+enable the claimants to present an application seeking payment
+out of moneys in Court within a period of one month from the
+date of disposal of the case.
+(c) Where neither of the parties approach the Court for
+refund/withdrawal of the amount forming part of the Suitors’
+"Fund within six months from the date of disposal of the case,"
+such cases with Office Report for Direction shall be placed
+before the Judge in Chambers.
+16. Where an application or a request is not made by the party or his
+"advocate on-record for release of the Bank Guarantee or security, a"
+letter shall be sent to the concerned advocate on-record and the party
+to make such application or request. If no reply is received within the
+"period stipulated therein, Office Report for Direction shall be placed"
+before the Court.
+General
+"Wherever the Court directs withdrawal of the amount in favour of a party,"
+the said party may apply to the Registrar for release of the amount in terms
+of the said direction and no formal application therefor be made.
+197
+CHAPTER XXIII
+DISTRIBUTION OF WORK ON JUDICIAL SIDE
+SECTION ALLOCATION OF WORK
+"I, IA and IA Annexe Custodian of paper books of admission and"
+regular hearing cases; maintenance of paper
+books; and despatch of paper books to the
+residential offices of Hon’ble Chief Justice of
+India and Hon’ble Judges.
+"IB Filing of Cases, its scrutiny, categorisation,"
+"registration, filing of miscellaneous documents,"
+"scanning of fresh cases filed in the Court, etc."
+Extension counter looks after processing of fresh
+"admission cases for listing before the Court,"
+"including preparation of office reports, except in"
+cases where notice has been issued or where cases
+have been admitted for hearing.
+Listing Listing of Cases.
+"Copying Issue of certified copies of orders, documents, etc."
+copying@sci.nic.in
+Scanning Cell Scanning of disposed of cases.
+"Editorial Preparation of copies of judgments/orders,"
+"preparation of headnotes for, and publication of,"
+"Supreme Court Reports, accreditation of legal"
+correspondents.
+"Judges’ Library Work relating to purchase, receipt and issue of"
+books/literature/articles to Hon’ble Chief Justice
+"of India, Hon’ble Judges and Courts."
+Elimination Work relating to all fresh admission hearing
+"cases, which have been dismissed in limine."
+"II Death Cases, Criminal Appeals, Petitions for"
+Special Leave to Appeal and Jail Petitions from
+198
+"the States of Assam, Arunachal Pradesh, Manipur,"
+"Meghalaya, Nagaland, Sikkim and Tripura,"
+"Andhra Pradesh, Telengana, Rajasthan and Uttar"
+Pradesh.
+Review Petitions and Curative Petitions arising
+therefrom.
+"IIA Death Cases, Criminal Appeals, Petitions for"
+Special Leave to Appeal and Jail Petitions from
+"the States of Bihar, Jharkhand, Madhya Pradesh,"
+"Maharashtra, Goa, Union Territory of Dadra and"
+"Nagar Haveli, Daman and Diu."
+Review Petitions and Curative Petitions arising
+therefrom.
+"IIB Death Cases, Criminal Appeals, Petitions for"
+Special Leave to Appeal and Jail Petitions from
+"the States of Punjab, Haryana, West Bengal,"
+"Gujarat, Kerala Odisha, Uttarakhand, Union"
+Territories of Andaman and Nicobar Islands and
+Chandigarh.
+Review Petitions and Curative Petitions arising
+therefrom.
+"IIC Death Cases, Criminal Appeals, Petitions for"
+"Special Leave to Appeal, Jail Petitions from the"
+"States of Chhattisgarh, Delhi, Himachal Pradesh,"
+"Jammu and Kashmir, Karnataka, Tamil Nadu and"
+Union Territory of Puducherry.
+Review Petitions and Curative Petitions arising
+therefrom.
+III Petitions for Special Leave to Appeal and Civil
+Appeals relating to the State of Gujarat.
+199
+Civil Appeals from 2013 onwards relating to the
+"State of Maharashtra, Goa and Union Territory of"
+"Dadra and Nagar Haveli, Daman and Diu."
+Review Petitions and Curative Petitions arising
+therefrom.
+IIIA Civil Appeals from the State of Uttar Pradesh.
+Review Petitions and Curative Petitions arising
+therefrom.
+"IV Civil Appeals from the States of Punjab, Haryana"
+and Union Territory of Chandigarh.
+Review Petitions and Curative Petitions arising
+therefrom.
+IVA Petitions for Special Leave to Appeal from the
+"States of Karnataka, Madhya Pradesh and"
+Chhattisgarh.
+Civil Appeals from the States of Karnataka and
+Chhattisgarh.
+Review Petitions and Curative Petitions arising
+therefrom.
+IVB Petitions for Special Leave to Appeal from the
+"States of Punjab, Haryana and Union Territory of"
+Chandigarh.
+Review Petitions and Curative Petitions arising
+therefrom.
+V/VI Maintenance of Original Records.
+Appointment of Translators and Translation of
+vernacular documents.
+Rolling of Cause Lists.
+200
+"VII [R & I] Receipt and Issue of Dak, including letters/orders/"
+"notices, etc."
+"VIII [Record Room] Maintenance of disposed of cases, Advocate-on-"
+"Record Examination, Designation of Senior"
+Advocates and Amendment of Supreme Court
+Rules.
+IX All Petitions for Special Leave to Appeal and
+Civil Appeals upto the year 2012 from the States
+"of Maharashtra, Goa and Union Territory of"
+"Dadra and Nagar Haveli, Daman and Diu."
+Review Petitions and Curative Petitions arising
+therefrom.
+X Writ Petitions relating to infringement of
+fundamental rights under Part-III of the
+Constitution.
+Petitions for Special Leave to Appeal and Civil
+Appeals from the State of Uttarakhand.
+Review Petitions and Curative Petitions arising
+therefrom.
+XI Petitions for Special Leave to Appeal from the
+State of Uttar Pradesh.
+Review Petitions and Curative Petitions arising
+therefrom.
+XIA Petitions for Special Leave to Appeal and Civil
+"Appeals from the States of Kerala, Odisha and"
+Union Territory of Lakshadweep.
+Review Petitions and Curative Petitions arising
+therefrom.
+201
+XII Petitions for Special Leave to Appeal and Civil
+Appeals from the States Tamil Nadu and Union
+Territory of Puducherry.
+Review Petitions and Curative Petitions arising
+therefrom.
+XIIA Petitions for Special Leave to Appeal and Civil
+Appeals from the States of Andhra Pradesh and
+Telengana.
+Review Petitions and Curative Petitions arising
+therefrom.
+XIII Preparation of Decrees of the cases allocated to
+"Sections X, XI, XIA, XII, XIIA, XIV, XVI and"
+XVIA.
+XIIIB Preparation of Decrees of the cases allocated to
+"Sections IV, IVA, X, XV and XVII."
+XIV Petitions for Special Leave to Appeal and Civil
+"Appeals from the States of Assam, Arunachal"
+"Pradesh, Manipur, Meghalaya, Nagaland, Sikkim,"
+"Tripura, Delhi and Himachal Pradesh."
+Review Petitions and Curative Petitions arising
+therefrom.
+XV Petitions for Special Leave to Appeal and Civil
+Appeals from the State of Rajasthan.
+Review Petitions and Curative Petitions arising
+therefrom.
+XVI Petitions for Special Leave to Appeal and Civil
+"Appeals from the States of Bihar, West Bengal"
+and Union Territory of Andaman and Nicobar
+Islands.
+202
+Review Petitions and Curative Petitions arising
+therefrom.
+"XVIA Arbitration Petitions, Transfer Petitions,"
+Transferred Cases from all over India and
+Petitions for Special Leave to Appeal and Civil
+Appeals from the State of Jammu and Kashmir.
+Review Petitions and Curative Petitions arising
+therefrom.
+XVII Petitions for Special Leave to Appeal and Civil
+Appeals from the State of Jharkhand; Election
+Petitions; Petitions for Special Leave to Appeal
+and Appeals arising under various Statutes;
+References; Original Suits; and Suo Motu
+Petitions.
+Review Petitions and Curative Petitions arising
+therefrom.
+"Issue relating to Security Refund, Bill of Costs,"
+"Taxation, etc."
+PIL(W) Writ Petitions relating to public interest litigation.
+PIL (English) Letter Petitions.
+Computer Cell Computerisation and generation of Cause Lists.
+Email: supremecourt@nic.in
+"EPBAX Numbers: 011-23388922-24, 23388942"
+"FAX: 011-23381508, 23381584"
+203
+CHAPTER XXIV
+REMOVAL OF DIFFICULTIES
+In case of any difficulty in relation to the Practice and Procedure of
+the Court and Office Procedure or other matters incidental or ancillary
+"thereto, the Chief Justice may make such order, as may be necessary and"
+expedient for removal of such difficulty.
+204
+CHAPTER XXV
+FIRST SCHEDULE
+RULES AS TO PRINTING OF RECORD
+1. The record in appeals to the Court shall be printed in the form known
+as demy quarto on both sides of the paper with single spacing.
+"2. The size of the paper used shall be such that the sheet, when folded"
+"and trimmed, will be about 11 inches in height and 81/2 inches in width"
+or 29.7 cm. in height and 21 cm. in width.
+3. The type to be used in the text shall be pica type but “Long Primer”
+"shall be used in printing accounts, tabular matter and notes. Every"
+tenth line shall be numbered in the margin.
+"4. Records shall be arranged in two parts in the same volume, where"
+"practicable, viz.--"
+"Part I- The pleadings and proceedings, the transcript of the evidence"
+"of the witnesses, the judgments, decrees, etc., of the Courts below,"
+down to the orders admitting the appeal.
+Part II- The exhibits and documents.
+"5. The Index to Part I shall be in chronological order, and shall be placed"
+at the beginning of the volume.
+"The Index to Part II shall follow the order of the exhibit mark, and"
+shall be placed immediately after the Index to Part I.
+"6. Part I shall be arranged strictly in chronological order, i.e., in the same"
+order as the index.
+Part II shall be arranged in the most convenient way for the use of the
+"Court, as the circumstances of the case require. The documents shall"
+"be printed as far as suitable in chronological order, mixing plaintiff’s"
+and defendant’s documents together when necessary. Each document
+"shall show its exhibit mark, and whether it is a plaintiff’s or"
+defendant’s document (unless this is clear from the exhibit mark) and
+in all cases documents relating to the same matter such as:-
+205
+"(a) a series of correspondence, or"
+"(b) proceedings in a suit other than the one under appeal, shall be"
+kept together. The order in the record of the documents in Part
+"II will probably be different from the order of the Index, and the"
+proper page number of each document shall be inserted in the
+printed Index.
+The parties will be responsible for arranging the record in
+"proper order for the Court, and in difficult cases counsel may be asked"
+to settle it.
+7. The documents in Part I shall be numbered consecutively. The
+"documents in Part II shall not be numbered, apart from the exhibit"
+mark.
+8. Each document shall have a heading which shall consist of the
+number of exhibit mark and the description of the document in the
+"Index, without the date."
+9. Each document shall have a heading which shall be repeated at the top
+"of each page over which the document extends, viz.--"
+PART I
+(a) Where the case has been before more than one court the short name of
+the court shall first appear. Where the case has been before only one
+"court, the name of the court need not appear."
+(b) The heading of the document shall then appear consisting of the
+"number and the description of the documents in the Index, with the"
+"date, except in the case of oral evidence."
+"(c) In the case of oral evidence, ‘plaintiff’s evidence’ or ‘defendant’s"
+evidence’ shall appear next to the name of the court and then the
+"number in the Index and the witness’s name, with ‘examination’,"
+"‘cross-examination’ or ‘re-examination’, as the case may be."
+206
+PART II
+The word ‘Exhibit’ shall first appear next to it the exhibit mark and the
+description of the document in the Index with the date.
+Sufficient space shall be left after the heading to distinguish it from the rest
+of the matter printed on the page.
+10. The parties shall agree to the omission of formal and irrelevant
+"documents, but the description of the document may appear (both in"
+"the Index and the record), if desired, with the words ‘not printed’"
+against it.
+"A long series of documents, such as accounts, rent rolls,"
+"inventories, etc., shall not be printed in full, unless counsel advises,"
+but the parties shall agree to short extracts being printed as specimens.
+11. In case where maps are of an inconvenient size or unsuitable in
+"character, the appellant shall, in agreement with the respondent,"
+"prepare maps drawn properly to scale and of reasonable size, showing"
+"as far as possible, the claims of the respective parties, in different"
+colours.
+-------------
+SECOND SCHEDULE
+FEES PAYABLE TO ADVOCATES
+Part I
+S. Fee on brief not exceeding Refresher
+No. Rs. not
+exceeding
+Rs.
+"1. Defended appeals, suits or Leading Counsel 24,000 24,000"
+reference under Article 143
+or Article 317(1) of the
+Constitution or under any
+Statute or defended petitions
+under Article 32 of the
+Constitution.
+207
+"Associate 12,000 6,000"
+"Advocate, if any"
+Advocate-on-
+Record for
+instructing.
+"2. Undefended appeals. One fee 14,000 No refresher"
+"3. Petitions for special leave (or Leading Counsel 8,000 No refresher"
+appeals on a certificate heard
+ex-parte).
+"Advocate-on- 4,000 No refresher"
+Record when not
+pleading but
+only instructing.
+"4. Undefended petitions under Leading Counsel 15,000 7,500"
+Article 32 of the Constitution
+"Advocate-on- 8,000 4,000"
+Record when not
+pleading but
+only instructing
+"5. Notices of motion other than Leading Counsel 15,000 per No refresher"
+petitions under Article 32 of appea-
+the Constitution when rance
+opposed.
+"Advocate-on- 8,000 per No refresher"
+Record appea-
+rance
+"6. Petitions in courts for review. Leading Counsel 15,000 No refresher"
+"Advocate-on- 10,000 No refresher"
+Record
+"7. Opposed applications for One fee 10,000"
+investigations in Chambers.
+"8. Unopposed motions and One fee 5,000"
+Chamber applications and
+review applications in
+taxation.
+"9. Attending taxation or hearing One fee 2,500"
+judgment.
+"10. Attending settlement of One fee 5,000"
+Index and for taking other
+steps for preparation of the
+record.
+208
+"11. Fee to the Amicus Curiae 6,000 upto admission"
+"appointed by the Court. stage and 10,000 on final"
+disposal stage or hearing
+on regular side after
+"admission/grant of leave,"
+or as directed by the
+Court/Chief Justice.
+"12 Fee to the Panel Advocate 6,000 upto admission"
+"appointed by the Registry. stage and 10,000 on final"
+disposal stage or hearing
+on regular side after
+"admission/grant of leave,"
+or as directed by the
+Court/Chief Justice.
+Part II
+S.No. Not exceeding (Rs.)
+"1. To junior advocate for drafting petitions for 12,000"
+special leave and petitions under Article 32 of the
+Constitution inclusive of the affidavits in support
+of the petition.
+"To the senior for settling petitions for special 10,000"
+leave and petitions under Article 32 of the
+Constitution inclusive of the affidavits in support
+of the petition.
+"2. To junior advocate for drafting other petitions or 5,500"
+affidavits (other than formal petitions like
+petitions for excusing delay and affidavits in them
+and affidavits of service) or written briefs.
+"To senior advocate for settling other petitions or 7,500"
+affidavits (other than formal petitions like
+excusing delay and affidavits in them and
+affidavits of service).
+"3. To junior advocates for drawing statement of case 12,000"
+"in appeals, pleadings in suit or special case."
+"To senior advocate for settling statement of case 18,000"
+"in appeals, pleadings in suit or special case in"
+"consultation with junior, if allowed."
+4. Acting Fees -
+"In appeals (defended and undefended) including 20,000 but not less than"
+209
+"suits and References under Article 143 or Article 12,000 as the Taxing"
+317(1) of the Constitution or under any statute or Officer may in his
+"defended petitions under Article 32 of the discretion allow,"
+Constitution. having regard to the
+nature and duration of
+the ‘Acting’ work
+involved in the case.
+"In undefended petitions under Article 32 of the 10,000"
+Constitution.
+Actual postal and telegraph charges where necessary to be allowed in the
+discretion of the Taxing Officer.
+Part III
+1 Printing of paper book Actual cost at a reasonable rate to be allowed
+. by the Taxing Officer
+THIRD SCHEDULE
+TABLE OF COURT FEES
+Part I
+Original Jurisdiction
+S.No. Rs.
+1. Filing and registering plaint 2500
+2. Filing and registering written statement 500
+3. Filing and registering set-off or counter-claim 500
+4. Reply to a counter-claim 500
+5. Petitions under Article 32 of the Constitution other than 500
+petitions for habeas corpus and petitions arising out of
+criminal proceedings
+Part II
+Appellate Jurisdiction
+S.No. Rs.
+"1. Petition for special leave to appeal other than petitions for 1,500"
+which Court fee has been distinctly prescribed in entry 2 [At the time of
+below. institution]
+"2. Petition for special leave to appeal in the matters falling 5,000"
+210
+in any of subject categories mentioned in Part IV of this [At the time of
+Schedule institution]
+3. Lodging and registering petition of appeal/SLP at after
+notice stage/other than the matters for which Court Fee
+has been distinctly prescribed in entry 4 below
+Where the amount or value of the subject-matter in
+"dispute does not exceed Rs. 50,000. 1,500"
+"For every Rs. 50,000 or part thereof, in excess of Rs."
+"50,000 500"
+In case where it is not possible to estimate at a money
+"value the subject-matter in dispute: 1,500"
+Provided-
+(1) that the maximum fee payable in any case shall not
+"exceed Rs. 10,00,000 and"
+(2) that where an appeal is brought by special leave
+granted by the court or where notice is issued in the
+"special leave petition by the Court, credit shall be given"
+"to the appellant/petitioner, as the case may be, for the"
+amount of court-fee paid by him at the time of institution
+of SLP/Notice and no more court fee will be charged
+even if leave is subsequently granted in ‘after notice’
+matter and the petition is converted into an appeal.
+4. Lodging and Registering of appeal/SLP at ‘after notice’
+stage/in the matters falling in any of subject categories
+mentioned in Part IV of this Schedule where –
+"(i) value of the subject matter in dispute does not exceed 5,000"
+Rupees one lakh.
+"(ii) for every Rs. 50,000 or part thereof in excess of Rs. 1,000"
+"1,00,000 till the value reaches Rs. 20,00,000"
+"(iii) for every Rs. 1,00,000 or part thereof in excess of 1,000"
+"Rs. 20,00,000:"
+Provided—
+211
+(1) The maximum fee payable in any case shall not
+"exceed Rs.25,00,000"
+(2) That where an appeal is brought by special leave
+granted by the Court or where notice is issued in the
+Special Leave Petition by the Court credit shall be given
+"to the appellant/petitioner, as the case may be, for the"
+amount of court-fee paid by him at the time of institution
+of SLP/Notice and no more court fee will be charged
+even if leave is subsequently granted in ‘after notice’
+matter and the petition is converted into an appeal.
+"5,000"
+(3) In case where it is not possible to estimate at a money
+value the subject-matter in dispute.
+5. Lodging of caveat 500
+6. Application for review of judgment or order of Court The same fee
+as was paid on
+the original
+proceedings.
+7. Curative Petition The same fee
+as was paid on
+the original
+proceedings.
+"8. Petition of Appeal under Consumer Protection Act, 1986 5,000"
+"9. (i) Transfer petitions other than the petitions arising out 2,500 per"
+of Matrimonial Disputes matter to be
+transferred .
+(ii) Transfer Petitions arising out of Matrimonial 500 per matter
+Disputes to be
+transferred.
+"10. Election Petition under Order XLVI of these Rules 20,000 along"
+with security
+deposit of Rs.
+"50,000"
+"11. Appeal under Section 38 of the Advocates Act, 1961 5,000"
+"12 Appeal under Section 116A of the Representation of the 20,000"
+"Peoples Act, 1951"
+212
+For the purpose of this Schedule--
+1. Matter disposed of after hearing the caveator shall be treated to have
+reached “after notice” stage.
+"2. Any dispute regarding subject category, valuation, court fee payable"
+or recovery of court fee shall be dealt with and decided by the
+Registrar/Taxing Officer.
+3. Appeal against orders of Registrar/Taxing Officer deciding subject
+"category, valuation, court fee payable or recovery of court fee shall lie"
+to the Judge in Chambers whose decision in this regard shall be final.
+4. Registrar/Taxing Officer shall take suitable steps for recovery of
+"unpaid court fee by placing office report before the Court, if the case"
+is still pending in the Court.
+Where a matter has been disposed of and for any purpose is pending
+"before any High Court/Subordinate Court/Tribunal, Forum or"
+"Authority, the Registrar/Taxing Officer shall report the fact in writing"
+"to the concerned High Court/Subordinate Court/Tribunal, Forum or"
+"Authority, as the case may be, to direct the petitioner/appellant to first"
+"pay/settle unpaid court fee in this Court, or, steps may be taken to"
+recover unpaid court fee as arrears of land revenue.
+---------------
+Part III
+Miscellaneous
+S.No Rs.
+1. Vakalatnama 10
+2. Every application to the court not specially 100
+provided for
+3. Every application to the court by notice of motion 200
+where an ad interim ex-parte order is prayed for
+"4. Every application to a Judge in Chambers, the 50"
+Registrar or Taxing Officer not specially provided
+for
+5. Every affidavit affirmed or sworn 20
+213
+"N.B.: In the case of references under the Constitution/any statute, such of"
+the above fees as may be appropriate shall be charged.
+Note
+No Court fee shall be payable on the following cases:
+"(i) References, but fees in relation to ‘Part-III Miscellaneous’ shall be"
+charged.
+(ii) Criminal cases (SLPs/Appeals/WPs/TPs (etc.) .
+(iii) Cases filed by Supreme Court Legal Services Committee .
+(iv) Cases filed by indigent persons.
+(v) Contempt Petitions filed under the Rules to Regulate Proceedings for
+"Contempt of the Supreme Court, 1975."
+General
+"If an applicant seeks transposition as an appellant/petitioner, the court fee"
+shall be paid by him as if he was originally a party to the case.
+-----------------
+PART IV
+SUBJECT CATEGORIES
+03 DIRECT TAXES MATTER
+"0301 Income Tax Reference under Section 257 of the Income Tax Act,"
+1961
+"0302 Appeals under Section 261 of Income Tax Act, 1961, upon a"
+certificate granted by the High Court
+"0303 Other matters under Income Tax Act, 1961"
+"0304 Cases relating to Excess Profit Tax Act, 1940"
+"0305 Business Profit Tax Act, 1947"
+0306 Agricultural Income Tax
+"0307 Reference under Section 27(3)(a) of the Wealth Tax Act, 1957"
+"0308 Appeals under Section 29(1) of the Wealth Tax Act, 1957 upon a"
+certificate granted by the High Court
+"0309 Gift Tax Act, 1958"
+0310 Property Tax
+0311 Valuation
+0312 Capital Gains
+0313 SLPs relating to Wealth Tax
+0314 Income from Salaries
+214
+0315 Income from House Property
+0316 Income from Business or Profession
+0317 Income from other sources
+0318 Deductions/Exemptions
+0319 Penalties/Prosecution/Settlement Commission
+0320 Re-assessment/Revisional Power/Rectification
+0321 CBDT Circular
+0322 Registration
+0323 Others
+0324 Matters relating to recovery of Direct Tax due
+04 INDIRECT TAXES MATTERS
+"0401 Interpretation of the Customs Act, Rules & Regulations"
+"0402 Interpretation of Exemption Notification under Customs Act, 1962"
+"0403 Interpretation of other Notifications under Customs Act, 1962"
+"0404 Valuation of Goods under the Customs Act, 1962"
+0405 Sales Tax Act (Central & various States)
+"0406 Cess Acts (Rubber, Coffee, Tea, Sugar, etc.)"
+0407 Entry Taxes
+0408 Motor Vehicles Taxation
+0409 Purchase Tax
+0410 Licence Fee
+"0411 Classification under the Indian Tariff Act, 1934 & Customs Tariff"
+"Act, 1975"
+0412 Reference under Section 82C of the Gold Control Act
+0413 Hotel Receipts Tax Act
+0414 Entertainment Tax
+0415 Terminal Tax
+0416 Octroi
+0417 Valuation
+0418 Toll Tax
+0419 Interpretation of the Central Excise Act & the Rules
+"0420 Interpretation of Exemption Notifications under Central Excise Act,"
+1944
+"0421 Interpretation of other Notifications under Central Excise Act, 1944"
+"0422 Valuation of goods under the Central Excise Act, 1944"
+"0423 Tariff classification under the Central Excise Act, 1944 and Central"
+"Excise Tariff Act, 1985"
+"0424 Import/Export Control Act, 1947"
+0425 Import Control Order
+0426 Open General Licence
+215
+0427 Import/Export Policy
+0428 Others
+0429 Professional Tax
+0430 Water & Sewerage Tax
+0431 Service Tax
+"0432 Appeals under Section 130E of the Customs Act, 1962"
+"0433 Appeals under section 35L of the Central Excise and Salt Act, 1944"
+0434 Anti Dumping Duty
+0435 Value Added Tax
+0436 Matters relating to recover of Indirect Tax due
+"10 COMPANY LAW, MRTP, TRAI, SEBI, IDRAI & RBI"
+1001 Matters relating to winding up
+1002 Matters relating to Sick Industries
+1003 Matters arising out of orders of Company Law Board under Sections
+"397 & 398 of Companies Act, 1956"
+"1004 Reference under Section 7(2) of the MRTP Act, 1969"
+"1005 Appeals under Section 55 of the MRTP Act, 1969"
+1006 Others
+1007 Matters relating to disinvestment
+1008 Appeals under section 15Z of Securities and Exchange Board of
+"India Act, 1992."
+1009 Matters filed against the orders of MRTP Commission/ Competition
+Commission.
+1010 Matters pertaining to TRAI/SEBI/IDRAI and RBI including Appeals
+"under Section 18 of TRAI Act, Indian Electricity Acts, 1910 and"
+"2003, Electricity Supply Act, 1948 and Electricity Reforms"
+"Commission Act, 1998"
+1100 ARBITRATION MATTERS
+"28 MERCANTILE LAWS, COMMERCIAL TRANSACTIONS"
+INCLUDING BANKING
+2801 Partnership
+2802 Sale of Goods Act
+2803 Contract Act
+2804 Trade Marks/Copy Rights/Patents/Design Act
+2805 Negotiable Instruments Act
+2806 Banks mortgages disputes
+216
+"2807 Hypothecation, Pledge"
+2808 Others
+2809 Matters relating to recovery of debts/bank loans due under the banks
+and financial institutions
+2810 Bank Guarantee matters
+2811 Matters relating to Securitisation and Reconstruction of Financial
+"Assets and Reinforcement of Security Interest Act, 2002."
+29 SIMPLY MONEY & MORTGAGE MATTERS ETC.
+2901 Money Lending Act
+2902 Mortgage private
+2903 Others
+"42 MATTERS RELATING TO LEASES, GOVT. CONTRACTS &"
+CONTRACTS BY LOCAL BODIES
+4201 Tenders invited or contracts awarded/leases granted or determined
+by Central Government
+4202 Tenders invited or contracts awarded/leases granted or determined
+by public section undertakings.
+4203 Tenders invited or contracts awarded/leases granted or determined
+by State Government/Union Territories
+4204 Tenders invited or contracts awarded/leases granted or determined
+by local bodies
+4205 Others
+"43 STATE EXCISE-TRADING IN LIQUOR – PRIVILEGES,"
+LICENCES DISTILLERIES BREWERIES
+217
+SUBJECT CATEGORIES
+01 Labour Matters
+0101 Dismissal
+0102 Retrenchment
+0103 Contract Labour
+"0104 Matters relating to wages, bonus, ad-hoc, casual, daily wages & their"
+regularisation
+0105 Matters relating to Workmen Compensation Act
+0106 E.S.I
+0107 Factory Act
+0108 Conditions of Service & Industrial Employment (Standing Orders)
+"Act, 1946"
+0109 Matters under various States Act
+0110 Others
+0111 Matters relating to Provident Fund
+"0112 Payment of Gratuity Act, 1962"
+"0113 Trade Unions Act, 1926"
+"0114 Other matters under Industrial Disputes Act, 1947"
+02 Rent Act Matters
+0201 Eviction matters of personal necessity
+0202 Eviction matters for re-building and material alteration
+0203 Eviction matters of sub-letting
+0204 Eviction matters of disclaimer of title
+0205 Arrears of rent
+0206 Others
+0207 Eviction on the ground of misuse
+0208 Enhancement of rent
+0209 Eviction on the ground of non-payment of rent
+03 Direct Taxes Matter
+0301 Income Tax Reference under Section 257
+0302 Appeals under Section 261 of Income Tax Act upon a certificate
+granted by the High Court
+"0303 Other matters under Income Tax Act, 1961"
+"0304 Cases relating to Excess Profit Tax Act, 1940"
+"0305 Business Profit Tax Act, 1947"
+0306 Agricultural Income Tax
+"0307 Reference under Section 27(3)(a) of the Wealth Tax Act, 1957"
+218
+"0308 Appeals under Section 29(1) of the Wealth Tax Act, 1957 upon a"
+certificate granted by the High Court
+"0309 Gift Tax Act, 1958"
+0310 Property Tax
+0311 Valuation
+0312 Capital Gains
+0313 SLPs relating to Wealth Tax
+0314 Income from Salaries
+0315 Income from House Property
+0316 Income from Business Profession
+0317 Income from other sources
+0318 Deductions/Exemptions
+0319 Penalties/Prosecution/Settlement Commission
+0320 Re-assessment/Revisional Power/Rectification
+0321 CBDT Circular
+0322 Registration
+0323 Others
+0324 Matters relating to recovery of Direct Tax due
+04 Indirect Taxes Matters
+"0401 Interpretation of the Customs Act, Rules & Regulations"
+0402 Interpretation of Exemption Notification under Customs Act
+0403 Interpretation of other Notifications under Customs Act
+0404 Valuation of Goods under the Customs Act
+0405 Sales Tax Act (Central & various States)
+"0406 Cess Acts (Rubber, Coffee, Tea, Sugar, etc.)"
+0407 Entry Taxes
+0408 Motor Vehicles Taxation
+0409 Purchase Tax
+0410 Licence Fee
+"0411 Classification under the Indian Tariff Act, 1934 & Customs Tariff"
+"Act, 1975"
+0412 Reference under Section 82C of the Gold Control Act
+0413 Hotel Receipts Tax Act
+0414 Entertainment Tax
+0415 Terminal Tax
+0416 Octroi
+0417 Valuation
+0418 Toll Tax
+0419 Interpretation of the Central Excise Act & the rules
+0420 Interpretation of Exemption Notifications under Central Excise
+Act
+219
+0421 Interpretation of other Notifications under Central Excise Act
+0422 Valuation of goods under the Central Excise Act
+"0423 Tariff classification under the Central Excise Act, 1944 and Central"
+"Excise Tariff Act, 1985"
+"0424 Import/Export Control Act, 1947"
+0425 Import Control Order
+0426 Open General Licence
+0427 Import/Export Policy
+0428 Others
+0429 Professional Tax
+0430 Water & Sewerage Tax
+0431 Service Tax
+"0432 Appeals under section 130E of the Customs Act, 1962"
+"0433 Appeals under section 35L of the Central Excise and Salt Act, 1944"
+0434 Anti Dumping Duty
+0435 Value Added Tax
+0436 Matters relating to recovery of Indirect Tax due
+05 Land Acquisition &Requisition Matters
+0501 Matters challenging the acquisition proceedings
+0502 Matters challenging compensations
+0503 Requisition & de-requisition of property
+0504 Others
+0505 Acquisition for defence purpose
+06 Service Matters
+0601 Retiral benefits
+0602 Regularisation of ad-hoc employees etc.
+0603 Removal/Dismissal/Termination from service or other major
+penalties
+0604 Suspension
+0605 Compulsory retirement
+0606 Disciplinary proceedings
+0607 Condition of service
+0608 Promotion
+0609 Seniority
+0610 Pay scales
+0611 Reservation in service for SC/ST/OBC
+0612 Equal pay for equal work
+0613 Others
+0614 Medical facilities
+220
+0615 Recruitment/Transfer/Compassionate Appointment
+0616 Minor penalties
+0617 Back wages
+0618 Voluntary Retirement
+0619 Allotment of Accommodation
+0620 Probation & Confirmation
+0621 Temporary Appointments
+0622 Use of forged/false document(s) for securing employment
+07 Academic Matters
+0701 Matters relating to examination
+0702 Introduction/Abolition of languages
+0703 Matters relating to syllabi
+"0704 Matters relating to withholding/cancellation of results, evaluation of"
+"marks, expulsion of students."
+0705 Others
+0706 Tuition fee
+0707 Matters relating to management of Educational Institutions
+08 Letter Petition & PIL Matters
+0801 Child labour matters including neglected children
+"0802 Air pollution matters, i.e., Industrial, Vehicular, Power stations etc."
+"0803 Water Pollution: Industrial, domestic, sewage, rivers and sea"
+0804 Noise Pollution: Industry & vehicular
+0805 Ecological Imbalance: Protection and conservation of forests
+"throughout the country, protection of wild life, ban on felling of trees"
+and falling of underground water level
+0806 Bonded Labour matters
+"0807 Matters relating to custody harassment, jails, complaint of"
+"harassment, custodial death, speedy trial, premature release, inaction"
+"by police, etc."
+0808 Matters relating to harassment of SC/ST/OBC and women
+0809 Matters relating to unauthorised constructions including
+"encroachments, sealing, demolitions, urban planning"
+0810 Matters relating to Election Commissions
+0811 Scam matters
+0812 Others
+0813 Essential Amenities or Services
+0814 Housing
+0815 Natural & Man-made disasters including riots
+0816 SLPs filed against judgments/orders passed by the High Courts in
+Writ Petitions filed as PIL
+221
+0817 Writ Petition (Criminal) & Writ Petition filed as PIL pertaining to
+Criminal investigation/prosecution
+0818 Letter Petition & PIL Matters - Social Justice Matters
+09 Election Matters
+0901 Matters challenging election of President & Vice-President of India
+0902 Elections relating to Gram Panchayats and Zila Parishad
+0903 Matters under Representation of Peoples’ Act involving corrupt
+practices
+0904 Matters relating to re-counting of votes
+0905 Matters under the Cooperative Societies Act
+0906 University election matters
+0907 Delimitation of Constituency
+0908 Others
+0909 Matters challenging Elections of MPs and MLAs
+0910 Elections relating to Municipal Councils
+"0911 Appeals u/s 116A of Representation of People Act, 1951"
+0912 Disqualification and expulsion of MPs/MLAs
+"10 Company Law, MRTP, TRAI, SEBI, IDRAI & RBI"
+1001 Matters relating to winding up
+1002 Matters relating to Sick Industries
+1003 Matters arising out of orders of Company Law Board under Sections
+"397 & 398 of Companies Act, 1956"
+"1004 Reference under Section 7(2) of the MRTP Act, 1969"
+"1005 Appeals under Section 55 of the MRTP Act, 1969"
+1006 Others
+1007 Matters relating to disinvestment
+1008 Appeals under Section 15Z of the Securities and Exchange Board of
+"India Act, 1992"
+1009 Matter filed against the orders of MRTP Commission/Competition
+Commission
+1010 Matters pertaining to TRAI/SEBI/IDRAI and RBI including Appeals
+"u/s 18 of TRAI Act, Indian Electricity Act, 1910 and 2003,"
+"Electricity Supply Act, 1948 and Electricity Reforms Commission"
+"Act, 1998"
+11 Arbitration Matters
+1100 SLPs challenging Arbitration Matters
+1101 Arbitration Petition filed under Section 11 of Arbitration &
+"Conciliation Act, 1996"
+222
+12 Compensation Matters
+1201 Motor accident claim matters involving permanent disability/death
+of persons
+1202 Motor accident claim matters relating to other injuries
+1203 Insurer/owners liability matters
+1204 Matters relating to Railway accident including other Railway
+compensation matters
+1205 Matters relating to accidents other than those covered by M.V. Act
+"1206 Matters relating to telephone, electricity etc."
+1207 Others
+13 Habeas Corpus Matters
+14 Criminal Matters
+1401 Matters relating to capital punishment
+1402 Matters relating to maintenance under Section 125 of Cr.P.C.
+"1403 Matters relating to harassment, cruelty to woman for dowry, dowry"
+"death, eve-teasing, domestic violence etc."
+"1404 Matters relating to sexual harassment, kidnapping & abduction"
+1405 Matters relating to Prevention of Corruption Act
+"1406 Matters relating to Bank scams, cheating, forgery etc."
+1407 Matters relating to Essential Commodities Act
+1408 Criminal matters relating to State Excise Law
+1409 Criminal matters relating to bail/interim bail/ anticipatory bail
+1410 Criminal matters in which sentence awarded is upto five years
+1411 Criminal T.P. under Article 139(A)(2) of the Constitution of India
+1412 Criminal T.P. under section 406 of the Cr.P.C.
+"1413 Criminal matters arising out of Securities Act, 1992"
+"1414 Criminal matters relating to Drugs and Cosmetics, NDPS Act"
+1415 Criminal matters relating to Food Adulteration
+"1416 Criminal matters relating to preventive detention, TADA/POTA"
+national security-COFEPOSA-SAFEMA
+"1417 Matters relating to SC & ST (Prevention of Atrocities) Act, 1989;"
+"Untouchability (Offences) Amendment & Misc. Provision Act, 1976"
+1418 Others
+1419 Scam matters other than relating to Banks
+1420 Appeals u/s 2 of the Supreme Court (Enlargement of Criminal
+"Appellate Jurisdiction) Act, 1970"
+1421 Police atrocities matters
+1422 Matters relating to Foreign Exchange Regulation Act.
+1423 Matters challenging sentence till rising of the court and/or fine only
+223
+1424 Appeals u/s 10 of the Special Courts (Trial of Offences relating to
+"Transactions in Securities) Act, 1992"
+1425 Appeals u/s 19 of the Terrorist and Disruptive Activities (Prevention)
+"Act, 1987"
+1426 Matters filed by State against acquittal
+1427 Matters filed by complainant against acquittal
+1428 Matters under State Police Acts
+1429 Matters for/against quashing of criminal proceedings
+1430 Matters challenging prosecution under Income Tax Act
+1431 Matters challenging Prosecution under Negotiable Instrument Act
+"1432 Criminal matters relating to Central Excise and Salt Act, 1944"
+"1433 Criminal matters relating to Customs Act, 1962"
+1434 Matters relating to Foreign Exchange Management Act (FEMA)
+1435 Criminal Appeals filed against the orders of various Tribunals
+1436 Criminal matters relating to suspension of sentence
+1437 Criminal matters relating to cancellation of bail.
+1438 Criminal matters in which sentence awarded is more than 5 years
+1439 Criminal matters in which sentence awarded is life imprisonment
+15 Appeal against orders of statutory bodies
+1501 Bar Council of India
+1502 Others
+1503 Tribunals
+1504 Appeals and other matters under Sections 30 and 31 of the Armed
+"Forces Tribunal Act, 2007"
+1505 Matters filed against the orders of other Regulatory
+Authorities/Bodies
+16 Family Law Matters
+1601 Mutual consent divorce matters
+1602 Other divorce matters
+1603 Restitution of conjugal rights
+1604 Child custody matters
+1605 Adoption & maintenance matters
+1606 Minority & guardianship matters
+1607 Matters under Hindu Marriage Act
+1608 Matters under Muslim Marriage Act
+1609 Matters under Christian Marriage Act
+1610 Alimony
+1611 Others
+224
+17 Contempt of Court Matters
+1701 Suo motu civil contempt matters
+1702 Suo motu criminal contempt matters
+1703 Other civil contempt matters
+1704 Other criminal contempt matters
+"1705 Appeal u/s 19(1)(b) of the Contempt of Courts Act, 1971"
+18 Ordinary Civil Matters
+1801 T.P. under Article 139A(1) of the Constitution of India
+1802 T.P. under Section 25 of the C.P.C.
+"1803 Civil matters arising out of the Securities Act, 1992"
+1804 Original Civil Suit under Article 131 of the Constitution of India
+1805 Matters relating to specific performance of contract
+"1806 Matters relating to allotment, cancellation, fixation of prices of"
+plots/flats
+1807 Others
+1808 Market fee under APMC Act
+1809 Matters relating to Lotteries
+1810 Dealership & distributorship of petroleum products
+1811 Benami transactions
+1812 Royalty of coal etc.
+1813 Stage carriage permits
+1814 Freedom Fighters’ pension
+1815 Matters relating to Electricity Dispute (connection/disconnection
+etc.)
+1816 Appeals u/s 10 of the Special Courts (Trial of Offences relating to
+"Transactions in Securities) Act, 1992"
+1817 Matters for eviction/dispossession other than Rent Control Act
+matters
+"1818 Appeals u/s 53T of the Competition Act, 2002"
+1819 Matters relating to demolition
+19 Three Judges Bench Matter
+20 Five Judges Bench Matter
+21 Eleven Judges Bench Matter
+22 Seven Judges Bench Matter
+23 Nine Judges Bench Matter
+24 Appointments etc. of Constitutional Functionaries
+2401 Appointment of High Courts Judges
+2402 Deleted
+225
+2403 Appointment of Advocate General & Attorney General
+2404 Appointment of members of Election Commissions
+2405 Appointment of Members and Chairman of State Public
+Commission and UPSC
+2406 Appointment of Governors & Lt. Governors
+2407 Others
+25 Statutory Appointments and Appointment of other Law
+Officers
+"2501 Appointment of Members, Vice-Chairman, Chairman of CAT, SAT,"
+"other Tribunals, Statutory Corporations/Bodies"
+2502 Appointment in Zila Parishad
+2503 Appointment of Vice-Chancellors of University
+2504 Appointment of other Law Officers
+26 Personal Law Matters
+2601 Matters Relating to Inheritance & Succession
+2602 Matters relating to Gift
+2603 Matters relating to Partition
+2604 Matters relating to testamentary succession
+2605 Others
+27 Religious & Charitable Endowments
+"2701 Matters relating to management, administrative disputes of Temples"
+"etc. (Priest, Pujari & Mahant)"
+2702 Wakf Board matters
+2703 Others
+"28 Mercantile Laws, Commercial Transactions Including"
+Banking
+2801 Partnership
+2802 Sale of Goods Act
+2803 Contract Act
+2804 Trade Marks/Copy Rights/Patents/Design Act
+2805 Negotiable Instrument Act
+2806 Banks mortgage disputes
+"2807 Hypothecation, Pledge"
+2808 Others
+2809 Matters relating to recovery of debts/bank loans due under the Banks
+and financial institutions
+2810 Bank Guarantee Matters
+226
+2811 Matters relating to Securitisation and Reconstruction of Financial
+"Assets and reinforcement of Security Interest Act, 2002"
+29 Simple Money & Mortgage Matters Etc.
+2901 Money Lending Act
+2902 Mortgage Private
+2903 Others
+30 Matters Relating to Judiciary
+3001 Matters pertaining to Judicial Officers
+3002 Matters pertaining to Employees of Supreme Court and High Courts
+3003 Matters pertaining to Employees of District Courts and Tribunals
+"3004 Matters pertaining to service conditions, etc., of individual Judicial"
+Officer and other matters not specified above.
+31 Admissions to Educational Institutions other than Medical &
+Engineering
+32 Establishment and Recognition of Educational Institutions
+33 Eviction under the Public Premises (Eviction) Act
+3301 Delhi Development Authority (DDA)
+3302 Municipal Corporation of Delhi (MCD)
+3303 Govt. of NCT of Delhi
+3304 Union of India
+3305 New Delhi Municipal Council (NDMC)
+3306 Other States/Union Territories
+3307 Others
+"34 Mines, Minerals and Mining Leases"
+35 Land Laws and Agricultural Tenancies
+3501 Matters relating to sale/transfer of land by SC/ST
+3502 Matters relating to agricultural land ceiling
+3503 Matters relating to urban land ceiling
+3504 Pre-emption matters
+3505 Others
+36 Admiralty and Maritime Laws
+37 Matters relating to Commissions of Enquiry
+227
+38 Matters relating to Consumer Protection
+"3801 Appeals u/s 23 of the Consumer Protection Act, 1986"
+3802 SLPs relating to Consumer Protection
+3803 Others
+39 Matters pertaining to Armed Forces & Paramilitary
+Forces
+40 Admission/Transfer to Engineering and Medical Colleges
+4001 Medical Admission Matters
+4002 Engineering Admission Matters
+4003 Others
+41 Allocation of 15% All India Quota in Admission/Transfer to
+Medical Colleges
+"42 Matters relating to Leases, Govt. Contracts & Contracts by"
+Local Bodies
+4201 Tenders invited or contracts awarded/leases granted or determined
+by Central Government.
+4202 Tenders invited or contracts awarded/leases granted or determined
+by Public Sector Undertaking
+4203 Tenders invited or contracts awarded/leases granted or determined
+by State Government/Union Territories
+4204 Tenders invited or contracts awarded/leases granted or determined
+by local bodies
+4205 Others
+"43 State Excise-Trading in Liquor-Privileges, Licences-Distilleries"
+Breweries
+44 Reference under Article 143 of the Constitution of India
+45 Reference under Article 317(1) of the Constitution of India
+"46 Reference under Section 11 of the Competition Act, 2002"
+"47 4700 Reference under Section 14 of the Right to Information Act, 2005"
+"4701 Reference under Section 17 of the Right to Information Act, 2005"
+8888 Defective matter as not re-filed
+228
+FOURTH SCHEDULE
+FORMS
+NO. 1
+APPLICATION FOR THE REGISTRATION OF A CLERK
+"(S.C.R., Order IV Rule 13)"
+IN THE SUPREME COURT OF INDIA
+1. Name of advocate/firm of advocates on whose behalf the clerk is to be registered.
+2. Particulars of the clerk to be registered:
+(i) Full name (In capitals):
+(ii) Father’s name:
+(iii) Age and date of birth:
+(iv) Place of birth and nationality:
+(v) Educational qualifications:
+"(vi) Particulars of previous employment, if any:"
+"I, …………………. (clerk above-named), do hereby affirm that the particulars relating to"
+me given above are true.
+…………………………
+(Signature of Clerk)
+"3. Whether the advocate/firm of advocates has a clerk already registered in his/its employ,"
+and whether the clerk sought to be registered is in lieu of or in addition to the clerk
+already registered.
+4. Whether the clerk sought to be registered is already registered as a clerk of any other
+"advocate and if so, the name of such other advocate."
+"I, ………… (advocate) certify that the particulars given above are true to the best of my"
+information and belief and that I am not aware of any facts which would render undesirable the
+registration of the said ………………(name) as a clerk.
+……………………..
+(Signature of advocate/partner of firm of advocates)
+Dated:………….
+To
+"The Registrar,"
+Supreme Court
+----------------------
+NO. 2
+FORM OF SUMMONS FOR AN ORDER IN CHAMBERS
+"(S.C.R., Order V)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+……………………….
+229
+[Original Jurisdiction]
+Appeal
+Case No…………………..of 20……
+[A.B.] [Appellant]
+……………… …………….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+[State of C.D] [Defendant]
+Let all parties concerned attend before …….. in Chambers at the Court House (New
+"Delhi) on the ……. day of …., 20 ……… at ………. o’clock in the forenoon on the hearing of"
+"an application on the part of the above-named plaintiff (or appellant, defendant, respondent as"
+the case may be) for an order that (here state the precise object of the application).
+Dated this the ……day of ………….20 ………..
+(Take notice that this summons will be attended by counsel for the applicant)
+(Signed)……………………..
+Advocate on record for the plaintiff
+This summons was taken out by ………. Advocate on record for the plaintiff.
+To
+………………………………………
+Advocate on record for the defendant.
+__________
+NO. 3
+NOTICE OF APPEAL FROM REGISTRAR
+"(S.C.R., Order V Rule 3)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+…………………………
+[Original Jurisdiction]
+Appeal .
+Case No…………… of 20 …………..
+230
+[A.B.] [Appellant]
+……………… …………….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+[State of C.D] [Defendant]
+"Take notice that the above-named plaintiff (or appellant, respondent, defendant as the"
+"case may be) intends to appeal against the decision of the Registrar, given on the ……day of"
+……… (ordering or refusing to order) that
+And further take notice that you are required to attend before the Judge in Chambers at
+the Court House (New Delhi) on the ………day of ……….. 20….. at ….. o’clock in the
+"forenoon on the hearing of an application by the said plaintiff (or appellant, respondent,"
+defendant as the case may be) for an order that (here state the order sought to be obtained).
+Signed………………..
+Advocate on record for the plaintiff
+To
+Advocate on record for the defendant
+___________
+NO. 4
+NOTICE OF MOTION
+"(S.C.R., Order XI Rule 2)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+……………………
+[Original Jurisdiction]
+Civil/Criminal Misc. Petition No………..of 20……….
+[Appeal]
+……………………..
+Case No. of 20……….
+[A.B.] [Petitioner]
+……………… …………….
+[Appellant]
+[State of A.B.] [Plaintiff]
+231
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+[State of C.D] [Defendant]
+Take notice that the Court will be moved on the ……..day of ………20……… at 10:30
+"o’clock in the forenoon, or so soon thereafter as counsel can be heard, by Mr."
+"……………….counsel for the above-named plaintiff (or defendant, petitioner, appellant,"
+"respondent as the case may be), that (or for an order that, or for) (here state the precise object of"
+the motion).
+A copy of the application is enclosed herewith.
+Take further notice that meanwhile this Court has been pleased to pass the following
+"order, (here quote the interim order of the Court)."
+Dated this the ………….day of …………..20………..
+………………….
+Advocate on record
+for the Petitioner/Appellant/Plaintiff.
+Address:……………………..
+To
+Advocate on record for the
+Opposite party/respondent/defendant
+__________
+NO. 5
+FORM OF OATH BY TRANSLATOR
+"(S.C.R., Order VIII Rule 4)"
+IN THE SUPREME COURT OF INDIA
+"In the matter of ……………………, a translator."
+"I, ………………., solemnly affirm and say that I will translate correctly and"
+accurately all documents given to me for translations.
+Dated this the ………… day of ……….. 20………..
+Before me.
+…………….
+Registrar
+__________
+232
+NO. 6
+APPLICATION FOR PRODUCTION OF RECORD
+"(S.C.R., Order X Rule 1)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+………………………
+[Original Jurisdiction]
+Appeal
+Case No…………………of 20…………..
+[A.B.] [Appellant]
+……………… …………….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+[State of C.D] [Defendant]
+To
+"The Registrar,"
+Supreme Court of India
+"Sir,"
+Please produce the records of the within mentioned case before……… no. (here
+insert the number and title of the case of which the records are required.)
+Dated this the ………..day of ……….20 …………….
+(Signature)
+__________
+NO. 7
+NOTICE TO THE RESPONDENT OF LODGMENT OF PETITION OF APPEAL
+"(S.C.R., Order XIX Rule 8)"
+IN THE SUPREME COURT OF INDIA
+Civil Appellate Jurisdiction
+Civil Appeal No……… of 20……………
+(Appeal from the judgment and decree/order of the High Court of judicature at
+………….(full particulars to be given………)
+233
+(A.B.) (Appellant)
+Vs.
+(C.D.) (Respondent)
+To
+Through Shri……….
+Advocate-on-record
+"Supreme Court of India,"
+New Delhi.
+OR
+(give the address of the respondent if no appearance of an advocate-on-record has been entered).
+TAKE NOTICE that the Appellant above-named has on ……….. filed in the Registry of
+the Supreme Court a petition of appeal (copy enclosed) from the judgment and decree/order of
+the High Court of Judicature at …………and the said petition has been registered in Supreme
+Court as Civil Appeal No. ………of ……..20………….
+Notice is hereby given to you that if you wish to contest the appeal you may appear
+within thirty days of the receipt of this notice before this Court either personally or by an
+"advocate-on-record of the Court appointed by you in that behalf, and take such part in the"
+proceeding as you may be advised.
+Take further notice that in default of your appearance within the time prescribed the
+appeal will be proceeded with and determined in your absence and no further notice in relation
+thereto shall be given to you.
+Dated this the…………day of ………….20…….
+…………………..
+Assistant Registrar
+Address for service on the Appellant:
+"(If the appeal has been filed through an advocate-on-record, the address of the advocate-on-"
+record should be given.
+OR
+If the party is appearing in person then a local address should be given).
+NOTE:--
+Where the record of the appeal is required to be prepared under the supervision of
+the Registrar of the Court appealed from the notice shall also state this fact and shall in
+"relation to the preparation of the record, also require the respondent to take steps before"
+"the Court appealed from (vide rule 11 of Order XIX of the Supreme Court Rules, 2013)."
+__________
+234
+NO. 8
+MEMORANDUM OF APPEARANCE IN PERSON
+"(S.C.R., Order XIX Rule 9)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+Appeal No……………..of 20…………..
+[A.B.] [Appellant]
+Vs.
+[C.D.] [Respondent]
+To
+"The Registrar,"
+Please enter my/our appearance for the respondent above-named in this appeal.
+Dated this the …………day of ………..20………..
+(Signature)……………..
+Address for Service.
+__________
+NO. 9
+MEMORANDUM OF APPEARANCE THROUGH ADVOCATE-ON-RECORD
+"(S.C.R., Order XIX Rule 9)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+………………………..
+[Original Jurisdiction]
+Appeal No………….of 20……………
+Case
+[A.B.] [Appellant]
+……………… …………….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+[State of C.D] [Defendant]
+To
+"The Registrar,"
+235
+Please enter an appearance for the above-named Respondent (or the defendant) in this
+appeal/case.
+Dated this the………..day of ……….20……………
+(Signed)……………………………....
+Advocate on record for the Respondent.
+__________
+NO. 10
+CERTIFICATE TO THE ADVOCATE APPOINTED AT THE COST OF THE STATE
+"[S.C.R., Order XX Rule 16 and Order XXII Rule 7(3)]"
+IN THE SUPREME COURT OF INDIA
+Criminal Appellate Jurisdiction
+Petition for Special leave to Appeal (Criminal) No………..of ……….20……..
+Criminal Appeal No……………of 20…………….
+A.B. Petitioner(s)/Appellant(s)
+Vs.
+The State of Respondent(s)
+CERTIFICATE
+Certified that Shri…………Advocate was engaged at the cost of the State in
+above Petition/Appeal which was heard on ………..and that Rs………only [Rupees (in
+words)………..only] are payable to him as his fees by the State of ………………
+……………………………….
+Registrar/Additional Registrar
+Note:- Strike out whichever is not applicable.
+__________
+NO. 11
+NOTICE TO RESPONDENT OF LODGING OF APPEAL
+"(S.C.R., Order XX Rule 5)"
+IN THE SUPREME COURT OF INDIA
+(Appellate Jurisdiction)
+Criminal Appeal No………….of 20………….
+[Appeal from the judgment (order sentence or decision) of the High Court of
+Judicature at………….Court or Tribunal]
+236
+[A.B.] [Appellant]
+Vs.
+[The State] [Respondent]
+To
+The Attorney-General for India and /or
+_______________________________
+The Advocate-General concerned
+"Take notice that an appeal from the judgment (order, sentence or decision) of the High"
+"Court of judicature at ………………..of the court, in case No………….dated the ………(here"
+"give number of Case in High Court, or Judicial Commissioner’s Court) was presented by the"
+above-named appellant on the ……………..day of …….20……. and has been registered in this
+Court as Criminal Appeal No……..of………….20…………..
+Dated this the ……….day of …………20……….
+………………
+Registrar
+___________
+NO. 12
+SUMMONS FOR DISPOSAL OF SUIT
+"(S.C.R., Order XXVII Rule 1)"
+IN THE SUPREME COURT OF INDIA
+(Original Jurisdiction)
+Case No. ……….of………….20……….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Defendant]
+To
+WHEREAS the above-named plaintiff has instituted a suit in the Court against you
+claiming……….you are hereby required to cause an appearance to be entered for you in the
+"Registry of the Court within twenty-eight days from the service upon you of this summons,"
+exclusive of the day of such service; and you are summoned to appear before this Court by an
+Advocate on record of the Court to answer the plaintiff’s claim on the day the case is set down
+237
+for hearing upon which date you must be prepared to produce all your witnesses and all
+documents in your possession or power upon which you intend to rely in support of your case.
+And you are hereby required to take notice that in default of your causing an appearance
+"to be so entered, the suit will be liable to be heard and determined in your absence."
+"Witness……………………….. Chief Justice of India, at the Supreme Court, New Delhi."
+The……..day of ……………in the year two thousand and ……………
+Advocate on record
+"At the Supreme Court, New Delhi"
+Address:………………………………………………..
+………………
+Registrar
+__________
+NO. 13
+NOTICE OF APPEARANCE
+"(S.C.R., Order XXVII Rule 7)"
+IN THE SUPREME COURT OF INDIA
+(Original Jurisdiction)
+Case No. ……….of………….20……….
+[State of A.B.] [Plaintiff]
+Vs.
+[State of C.D.] [Defendant]
+To
+(The plaintiff or his Advocate on record)
+Take notice that appearance has been entered for the above-named defendant in this case.
+Dated this the ……………..day of……….20………………
+(Signed)………………
+Advocate on record for the defendant
+__________
+NO. 14
+SUMMONS FOR DIRECTIONS
+"(S.C.R., Order XXVII Rule 8)"
+IN THE SUPREME COURT OF INDIA
+(Original Jurisdiction)
+Case No. ……….of………….20……….
+238
+[State of A.B.] [Plaintiff]
+Vs.
+[State of C.D.] [Defendant]
+"Let all parties concerned attend, …………….in Chambers at the Court House"
+"(New Delhi) on the ……….day of ……….20……….., at …….. o’clock in the forenoon"
+on the hearing of an application by the plaintiff for directions in this action as follows:-
+"(The applicant should specifically state what he applies for, and strike out what he does"
+not apply for.)
+(Here state the direction required as thus:
+That the plaintiff may be at liberty to amend
+his statement of claim by (State amendments
+proposed); and generally as he may be advised)
+Pleadings
+Particulars
+Admission of document and facts
+Discovery
+Interrogatories
+Inspection and production of documents
+Inspection of real or personal property
+Commissions
+Examination of witnesses
+Place of trial
+Mode of trial
+Dated this the ………………day of ……..20…………
+……………
+Registrar
+This summons was taken out by
+Advocate-on-record for the plaintiff.
+To…………………………
+Advocate-on-record for the defendant.
+__________
+NO. 15
+NOTICE OF PAYMENT OF MONEY INTO COURT
+"(S.C.R., Order XXXVI)"
+IN THE SUPREME COURT OF INDIA
+(Original Jurisdiction)
+Case No. ……….of………….20……….
+239
+[State of A.B.] [Plaintiff]
+Vs.
+[State of C.D.] [Defendant]
+Take notice that the defendant has paid into Court Rs. …………… and say that (Rs.
+……. Part of) that sum is enough to satisfy the plaintiff’s claim (for ……… and Rs. ………. the
+other part of that sum is enough to satisfy the plaintiff’s claim for ………..) and admits (but
+denies) liability therefor.
+Dated this the ………….day of ………….20............
+(Signed)…………………….
+Advocate-on-record for the defendant
+Address………………………………
+……………………………………….
+To
+……………………….
+Advocate-on-record for the plaintiff
+__________
+NO. 16
+ACCEPTANCE OF SUM PAID INTO COURT
+"(S.C.R., Order XXXVI)"
+IN THE SUPREME COURT OF INDIA
+(Original Jurisdiction)
+Case No. ……….of 20……….
+[State of A.B.] [Plaintiff]
+Vs.
+[State of C.D.] [Defendant]
+The Plaintiff accepts the sum of Rs. ……………… paid by the defendant into Court in
+satisfaction of the claim in respect of which it was paid in (and abandons his other claims in this
+action).
+Dated this the …………. day of ………………20 ……
+(Signed)……………………….
+Advocate-on-record for the Plaintiff
+240
+Address……………………………
+To
+………………………………
+"Advocate-on-record for the defendant,"
+Address……………………………..
+_________
+NO. 17
+NOTICE TO THE ATTORNEY-GENERAL FOR INDIA OF REFERENCE UNDER
+ARTICLE 143 OF THE CONSTITUTION OF INDIA
+"(S.C.R., Order XLII)"
+IN THE SUPREME COURT OF INDIA
+Reference No. ……….of 20……….
+In the matter of a Reference under Article 143 of the Constitution of India
+To
+The Attorney-General for India.
+"WHEREAS under Article 143 of the Constitution of India, the President has referred the"
+following question(s) of law (or fact) for consideration and report to this Court:--
+(Here set out the question or questions referred)
+Take notice that you are hereby required to appear before this Court on the …………day
+"of …………20……, at ……… o’clock in the forenoon to take the directions of the Court in the"
+matter.
+"Witness ……., Chief Justice of India, the ……….day of …….in the year two thousand"
+and ……………
+…………………..
+Registrar
+__________
+NO. 18
+NOTICE TO PARTIES OF REFERENCE UNDER ARTICLE 143 OF THE
+CONSTITUTION OF INDIA
+"(S.C.R., Order XLII)"
+IN THE SUPREME COURT OF INDIA
+Reference No. ……….of 20……….
+In the matter of (here state the subject matter under reference)
+241
+and
+In the matter of a Reference under article 143 of the Constitution of India.
+To
+………………..
+(Name of parties)
+"WHEREAS under article 143 of the Constitution of India, the President has referred the"
+following question(s) of law (or fact) for consideration and report to this Court:--
+(Here set out the question or questions referred.)
+Take notice that you are hereby required if you desire to be heard to cause an appearance
+"to be entered for you in the Registry of this Court on or before the ………..day of ……….20….,"
+and to attend on the said day at ……….o’clock in the forenoon before the Court by an advocate
+of the Court to take the directions of the Court with respect to the statements of facts and
+arguments and with respect to the date of the hearing.
+"Witness……………., Chief Justice of India, the ……….day of ………..in the year two"
+thousand and …………….
+……………
+Registrar
+__________
+NO. 19
+SUMMONS TO ATTEND TAXATION
+"(S.C.R., Order L, Rule11)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+………………………..
+[Original Jurisdiction]
+Appeal No…………….of 20…………..
+Case
+[A.B.] [Appellant]
+……………… …………….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+242
+[State of C.D] [Defendant]
+Bill No. ………..of 20……(Here state the names of the parties to the bill.)
+"WHEREAS Mr. E.F., advocate-on-record for the appellant (or as the case may be) has"
+lodged a bill of costs (copy appended hereto) for taxation as between [party and party and also as
+"between] advocate-on-record and client, notice is hereby given that the Taxing Officer of the"
+Court will proceed to tax the said bill on the ……….day of ……….20……..at ………..o’clock
+in the forenoon (afternoon) when you may attend the Taxing Officer in his Chambers at the Court
+House and contest the said bill or any items therein.
+Dated this the ………….day of ………..20…
+…………………………..
+Taxing Officer
+__________
+NO. 20
+AFFIDAVIT OF SERVICE OF SUMMONS
+"(S.C.R., Order LIII, Rule 5)"
+IN THE SUPREME COURT OF INDIA
+[Original Jurisdiction]
+Appeal No…………of 20………
+Case
+[A.B.] [Appellant]
+……………… …………….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+[State of C.D] [Defendant]
+"I, ………………of ……………Advocate-on-record for the above named…………..,"
+make oath/solemnly affirm and say as follows:-
+"I, did on the ………day of ……..20…….., serve Mr. …………advocate-on-record for"
+the above named…………in this action (or appeal) with a true copy of the summons now
+"produced and shown to me marked A, by leaving it before four o’clock in the afternoon at the"
+(office or dwelling house) of the said……………situate………….. being the address for service
+243
+in this action (or appeal) (with his clerk or his servant or as may be there) of by post-envelope
+"addressed to the said……….at………, being the address for service in this action (or appeal)."
+Sworn at …………..this …….day of ……………20…..
+Before me.
+This affidavit is filed on behalf of the
+__________
+NO. 21
+AFFIDAVIT OF SERVICE BY POST
+"(S.C.R., Order LIII, Rule 5)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+……………………………
+[Original Jurisdiction]
+Appeal No………of 20………..
+Case
+[A.B.] [Appellant]
+……………… …………….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+[State of C.D] [Defendant]
+"I, …………..of …………Advocate-on-record for the above named……………., make"
+oath/solemnly affirm and say as follows:--
+I did serve the advocate-on-record for the above-named…………….in this
+action (or appeal) (or the above-named……………if he has appeared in person)
+with the summons (or notice or other documents) now produced and shown to
+"me marked A, by posting it on the ……….day of ……………20………..at"
+(name of post office) a true copy of the said summons (or as may be) in a pre-
+paid envelope registered for acknowledgment addressed to the said advocate on
+"record (or respondent or as may be) at …………….., which is his address for"
+service.
+244
+The postal acknowledgment is attached hereto.
+Sworn at………..this……….day of ………….20………….
+Before me.
+This affidavit is filed on behalf of the
+__________
+NO. 22
+CERTIFICATE OF TAXATION
+"(S.C.R., Order L)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+[Original Jurisdiction]
+Appeal No………of 20………..
+Case
+[A.B.] [Appellant]
+……………… …………….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+[State of C.D] [Defendant]
+"Bill No…….of 20………,………..(Here state the name of the parties to the bill)"
+"I do hereby certify that I have taxed the above bill of costs, lodged in this Court by Mr."
+"E.F., Advocate on record for appellant (or as the case may be) and do allow, as between party and"
+party the sum of (amount in figures and words).
+Dated this the …………day of…………..20……….
+……………..
+Taxing Officer
+__________
+245
+NO. 23
+NOTICE FOR PROCEEDINGS TO ATTORNEY-GENERAL FOR INDIA
+OR ADVOCATE-GENERAL OF A STATE
+"(S.C.R., Order LI Rule 1)"
+IN THE SUPREME COURT OF INDIA
+[Appellate Jurisdiction]
+………………………
+[Original Jurisdiction]
+Appeal No………of 20………..
+Case
+[A.B.] [Appellant]
+……………… …………….
+[State of A.B.] [Plaintiff]
+Vs.
+[C.D.] [Respondent]
+……………… …………….
+[State of C.D] [Defendant]
+To
+The Attorney-General for India
+or
+Advocate-General of a State
+Take notice that the above-named appeal/case has been filed in this Court [and is fixed
+"for hearing on the ………..day of………20………, and shall be taken up for hearing by the"
+"Court on that day, at ……….. o’clock in the forenoon or so soon thereafter as may be convenient"
+to the Court][and shall be fixed for hearing on a suitable date of which due notice will be given
+to you.]
+As the appeal/case raises [an] important question[s][here state briefly the question(s)
+involved] notice is hereby given to you so that you may appear and take such part in the
+proceedings before this Court as you may be advised.
+Dated this the ………..day of ………….20……….
+………………
+Registrar
+__________
+246
+NO. 24
+WRIT OF COMMISSION
+"(S.C.R., Order LIV)"
+IN THE SUPREME COURT OF INDIA
+[Original Jurisdiction]
+Case No…………..of 20………
+[State of A.B.] [Plaintiff]
+Vs.
+[State of C.D.] [Defendant]
+To
+The Commissioner appointed to examine the undermentioned witnesses on behalf of
+"I, ……………….., hereby appoint you and give you full power and authority to swear or"
+affirm and diligently to examine on ………interrogatories and viva voce………..as shall be
+produced before you as …………..witness(es) ………on behalf of the said …………..in a
+certain Case No…………….of………..now pending in the Supreme Court (wherein) and I
+further command you that you do at certain days and places to be appointed by you for that
+purpose of which reasonable notice shall be given to all parties cause the said witness(es) to
+come before you and then and there examine and cross examine such witness(es) either upon
+oath or solemn affirmation which we hereby give you full power and authority to administer to
+"such witness(es) in the form firstly specified at the foot hereof, and that you do take such"
+examination and reduce the same into writing on paper; and when you shall have so taken the
+same you are to send the same before the (returnable date as given in the order for the issue of
+this commission) to the Registrar of the said Supreme Court closed up under your Seal together
+with such documents as shall be spoken to and marked exhibits and this writ.
+"And I further empower you to appoint if necessary, a competent interpreter to interpret"
+such of the proceedings under this commission as you may deem necessary to have interpreted
+from or into the English language. And I further command you that the interpreter employed in
+"interpreting the depositions of the said witness(es) to be examined by virtue of this writ shall,"
+"before he be permitted to act as such interpreter as aforesaid, take the oath or affirmation lastly"
+specified at the foot hereof which I hereby give you power and authority to administer to such
+interpreter. And I do lastly order that parties to this suit do appear before you in person or by
+their pleaders.
+"Witnesses…………, Chief Justice of India at the Supreme Court, New Delhi, the"
+…….day of ………in the year two thousand and …………… Advocate-on-record for ……..
+(Names of witnesses to be examined)
+…………………
+247
+Registrar
+NOTE 1- The Commissioner shall not be bound to execute this commission unless such a
+sum as he thinks reasonable be deposited with him for the expenses of executing the same and
+also of summoning the witnesses and defraying their travelling and other expenses.
+NOTE 2- After the deposition of any witness has been taken down and before it is signed
+"by him, it shall be distinctly read over, and, where necessary, translated to the witness in order"
+that mistakes or omissions may be rectified or supplied. The deposition shall be signed by the
+witness and left with the Commissioner who shall subscribe his name and date of the
+examination.
+Form of the oath or affirmation to be administered to the witness
+I swear in the presence of Almighty God (or solemnly affirm) that the evidence
+"which I shall give in this case shall be true, that I will conceal nothing, and that no part of"
+my evidence shall be false.
+So help me God.
+Form of the oath or affirmation to be administered to the interpreter
+I swear in the presence of Almighty God (or solemnly affirm) that I understand and speak
+"the ……………and English language, and that I will well and truly and faithfully interpret,"
+"translate and explain to the witness to be produced before the Commissioner, all questions and"
+answers and all such matters as the Commissioner may require me to interpret and explain.
+So help me God.
+N.B. The Words “so help me God” are to be omitted when an affirmation is administered.
+The execution of this commission appears by the Schedule hereunto annexed.
+__________
+NO. 25
+FORM OF LODGMENT SCHEDULE
+IN THE SUPREME COURT OF INDIA
+Suit/Appeal/Petition No. ……..of………..
+…………………. Plaintiff(s)/Appellant(s)/Petitioner(s)
+Vs.
+………………… Defendant(s)/Respondent(s)
+Date of Order Amount Party on whose behalf and Remarks
+the purpose for which the
+payment is made
+248
+Dated……….
+Issue Challan
+Time for payment till………………
+……………………… ………………
+(Signature) (Signature)
+Advocate or party making the Payment Registrar
+__________
+NO. 26
+IN THE SUPREME COURT OF INDIA
+REVENUE DEPOSITS
+FORM T.R. 61
+DEPOSIT REPAYMENT ORDER AND VOUCHER
+(See rule 629 of the Treasury Rules)
+To
+The Pay & Accounts Officer
+Supreme Court of India
+NEW DELHI – 110201.
+………………………….
+K-Deposits-and-Advances-(B) Deposits-not-bearing-interest-843-Civil
+Deposits-Civil Courts-Deposits-Criminal Courts-Deposits-Supreme Court
+"Original Number Name of Depositor: Registrar, Supreme Court of India,"
+of the Challan: New Delhi on behalf of the appellant in
+Date of Deposit. Amount originally deposited: Rs……………
+(Rupees………………………………….....)
+Examined & Entered Received this………day of ………20…….the
+sum of Rupees………………………………)
+Dated………….. ………………………………………………
+(Pay & Accounts Officer) being the amount payable on account of …………
+……….out of the said deposit as per orders of the
+Supreme Court dated………….made in Civil Misc.
+Petition No. …………..of 20……in………………
+Pay Rupees……………..
+249
+CLAIMANT’S SIGNATURE
+…………………………….
+Pay & Accounts Officer
+Passed for payment to ……..…………………
+Dated………………. ……………………………………………
+for Rupees………..(Rupees…………..) as
+per order of the Supreme Court dated………
+in Civil Misc. Petition No. ……….of 20…
+in New Delhi.
+Dated: DEPUTY REGISTRAR/ADDL.REGISTRAR (ADMN.)
+SUPREME COURT OF INDIA
+Encl: Original Challan
+(Under Rupees………)
+__________
+NO. 27
+FORM OF BANK GUARANTEE
+In the matter of: ……………….
+Civil Appeal/Petition/C.M.P. ……………(here give the number of Cause/matter/appeal).
+And
+In the matter of : ……………
+…………….. (Give the name of the parties).
+Whereas ………………(Here give the name of the party obtaining the order)……………
+above-named has filed an Appeal in the Supreme Court against the Judgment and decree/order of
+the ……………(here describe the Court and the number of the cause)…………..
+And whereas on a motion made for the purpose on the ………(here give the date) the
+Supreme Court of India has in the aforesaid proceedings been pleased to order inter alia as
+follows:
+(Here quote the relevant terms of the order).
+And whereas (here give the name of the party concerned)……………..the respondent (or
+"appellant, as the case may be) ..……….has requested us…………(here give the name of the"
+Bank) having its registered office at ………..(here give the registered address of the place of
+business of the Bank) to guarantee the due payment of the said sum of Rs. ……..(here give the
+amount) by the said ……….(here give the name of the Party) in the event of the Supreme Court
+allowing/modifying/dismissing the said appeal and setting aside the decree or such other lesser
+amount as the Court may order. We ……….(here give the name of the Bank) are hereby held
+250
+firmly bound unto the Supreme Court of India through the Registrar of the said Court for the
+payment to it or to the …………(here give the name of the party concerned) ………on demand
+and without demur of the said sum……. (here give the amount) or such other lesser amount as
+may be ordered by the Supreme Court and require to be paid or refunded by the ……….(here
+"give the name of the party concerned, to the ……….(here give the name of the party to whom"
+the amount is to be paid) as a result of the final disposal of the said ………(here indicate the
+"appeal, cause or matter) and the guarantee herein contained shall not be affected by any change"
+in the constitution of the Bank and it is HEREBY agreed by and between the parties that this
+guarantee shall remain in full force and virtue till the disposal of the ….(here give the number of
+"the case, appeal, cause or matter) to which the aforesaid order of the Court relates and until an"
+order of the Supreme Court is made discharging this guarantee.
+IN WITNESS WHEREOF we the …………..(here give the name of the Bank) has executed this.
+This the ……………day of ……….20…………
+Signed
+For the …………
+(here give the name of the Agent of the Bank)
+Witness:…………….
+__________
+NO. 28
+IN THE SUPREME COURT OF INDIA
+"[S.C.R., Order XXI Rule 3(1)(a)]"
+CIVIL APPELLATE JURISDICTION
+SPECIAL LEAVE PETITION
+(Under Article 136 of the Constitution of India)
+S.L.P. (Civil) No………….of ………….
+BETWEEN Position of Parties In this Court
+In the Court/Tribunal from
+whose order the petition
+arises
+(A) Here insert the name/names Petitioner/ Petitioner
+of the Petitioner Respondent/
+Appellant
+(B)
+(C)
+251
+AND
+(D) Here insert the name/names Petitioner/ Respondent
+of Respondent Respondent/
+Appellant
+(E)
+(F)
+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/petitioners above named respectfully submit(s) this petition seeking
+special leave to appeal against the judgment/order of (Here specify the Court/Tribunal
+"against whose order the leave to appeal is sought for together with number of the case,"
+date of the order and nature of the order such as allowing or dismissing the matter or
+"granting or refusing the interim order, etc.)"
+2. QUESTIONS OF LAW:
+The following questions of the law arise for consideration by this Hon’ble Court:
+(Here set out the questions of law arising for consideration precisely)
+3. DECLARATION IN TERMS OF RULE 3(2):
+The petitioner states that no other petition seeking leave to appeal has been filed by him
+against the impugned judgment and order.
+4. DECLARATION IN TERMS OF RULE 5:
+The Annexures produced alongwith the SLP are true copies of the pleadings/documents
+which formed part of the records of the case in the Court/Tribunal below against whose
+order the leave to appeal is sought for in this petition.
+5. GROUNDS:
+Leave to appeal is sought for on the following grounds.
+(Here specify the grounds precisely and clearly)
+6. GROUNDS FOR INTERIM RELIEF:
+(Here specify briefly the grounds on which interim relief is sought for)
+7. MAIN PRAYER:
+(Here set out the main prayer)
+8. INTERIM RELIEF:
+252
+(Here set out the interim prayer)
+Place: Advocate for the petitioner
+Date:
+Settled by:
+(Specify the name of the Advocate in case where the petition is settled by an advocate.)
+__________
+NO. 29
+APPLICATION FOR ISSUE OF CERTIFIED COPY/UNAUTHENTICATED “COPY”
+IN THE SUPREME COURT OF INDIA
+"(S.C.R., Order XIII, Rule 3)"
+Copy Application No. ………. of 20…… Court No………. Item No……
+(To be filled up by the Office)
+Whether pending or disposed of ………….
+"If disposed of, then date of disposal…………"
+Between
+…………………………….. Petitioner/Applicant
+And
+……………………………................Respondent
+Name with full address of the applicant ………………………………
+……………………………..
+……………………………
+Whether party to the proceedings……………… [Yes/No]
+"If yes, then status as ……………………………."
+Nature of the copying application …………………… [Urgent/Ordinary]
+Whether the copy is required to be sent by post…………………………
+It is prayed that the certified copy/unauthenticated “copy” of the documents hereunder
+mentioned may be furnished to the applicant:-
+Sl.No. Description of Document Date
+1. ……………………….. …………..
+2. ……………………….. …………..
+Reasons for which copy is required:
+………………………………………………………………………………………………………
+……………………………………………………………………………………………
+Signature/Thumb Impression of
+the Applicant/Advocate on Record
+[With name in Block Letters]
+253
+………………………………………………………………………………………………
+Instructions
+1. The application for certified copy/unauthenticated “copy” should contain the full
+description of the documents of which copies are sought and the dates of the documents.
+"2. Applications for certified copy/unauthenticated ��copy”, made by person who is not a"
+party to the proceedings should also be accompanied by an affidavit of such person specifying
+the grounds or reasons for which the copy is required and stating how the applicant is interested
+in obtaining the copy.
+__________
+NO. 30
+APPEARANCE SLIP
+IN THE SUPREME COURT OF INDIA
+Date of Listing……………………
+Court No ………../In Chambers Item No. ……….
+Case No. …………………………..
+Name of Advocate Enrolment No.
+1………………………….. ……………………………..
+2………………………….. ……………………………..
+Appearing for
+Petitioner Respondent
+No. No.
+…………………………….
+[Signature of AOR]
+…………………………….
+[Name of AOR]
+Note:
+Court Master shall ensure to record appearance in the Record of Proceedings of all the
+Senior Advocate(s)/AOR/Advocate(s) who are physically present and appearing in the Court at
+"the time of hearing, duly recognized by the AOR."
+__________
+254
+NO.31
+COMPUTER SHEET
+IN THE SUPREME COURT OF INDIA
+Class of Case………… Number*…………… of 20……..
+1. Petitioner:
+Appellant:…………………………………………………………….
+Applicant:
+2. Respondent:…………………………………………………………..
+Non-applicant:
+3. Date of Filing & Registrar:………………………………………….
+4. Subject Matter :……………………………………………………
+…………………………………………………….
+…………………………………………………….
+5. Provision of Law :…………………………………………………….
+…………………………………………………….
+6. Subject Category Code Number:…………………………………….
+Sub-Code Number:……………………………
+(As per Annexure to the Rules)
+7. Name of the Main Advocate:………………..
+(with State Bar Council Enrollment Number)
+8. Name(s) of Associate Advocate(s):……………………….(with State Bar Council
+Enrollment Number(s)
+"9. Particulars of the Lower Court, Authority or Tribunal, viz."
+(a) Name………………………………
+(b) Designation………………………… Place………………
+"(c) Case, File/Order Number,……………."
+(d) Date of Impugned Judgment/Order/Award…………..
+10.Whether the petitioner/appellant/applicant is desirous of getting the matter settled
+through any of the alternative modes of dispute resolution prescribed under
+Section 89 C.P.C. (Yes/No)
+"If yes, by which mode? i.e. arbitration/conciliation/Lok Adalat/mediation."
+"11.Caveat notice, whether received (Yes/No)"
+Place……….
+Date……….
+Name and Signature
+255
+of the Advocate on-
+Record filing the Case
+*Number to be filled by the office.
+__________
+NO.32
+IN THE SUPREME COURT OF INDIA
+ORIGINAL JURISDICTION
+Writ Petition No………../20………..
+Cause Title
+"Petitioner: The name, age, father/husband’s name, occupation, complete"
+"address and fax number with S.T.D. Code and email address, if"
+any;
+Vs
+"Respondent: The name, age, father/husband’s name, occupation, complete"
+"address and fax number with S.T.D. Code and email address, if"
+known;
+(Writ Petition under Article 32 of the Constitution of India)
+To
+Hon’ble the Chief Justice of India and His Companion Judges of the Supreme Court of
+India.
+The Writ Petition of the Petitioner most respectfully showeth:
+The petitioner/petitioners above named respectfully submits this petition seeking
+1. Particular of the cause/order against which the petition is made:
+(i) Date of Order/Notification/Circular/Policy/Decision etc:…………………………...
+(ii) Passed in (Case or File Number):……………………………………………………
+"(iii) Passed by (Name and designation of the Court, Authority, Tribunal etc.)"
+…………………………………………………………………………………………
+…………………………………………………………………………………………
+……………………………………………………………………………………
+(iv)Subject-matter in brief:…………………………………………………….
+2. Nature of fundamental right infringed:………………………………………
+256
+3. A declaration that no processing on the same subject matter has been previously
+"instituted in any Court. If instituted, the status or result thereof, along with copy"
+of the order:
+4. Details of remedies exhausted:
+The petitioner declares that he has availed all statutory and other remedies.
+"5. In the writ of habeas corpus, whether the petitioner has moved the High Court"
+"concerned for similar relief and if so, with what result."
+6. Facts of the case:
+(Give a concise statement of facts in chronological order in separate paragraphs)
+7. Grounds:
+(Here specify the grounds precisely and clearly).
+8. Grounds for interim relief.
+(Here specify briefly the grounds on which interim relief is sought for)
+9. Main prayer:
+(Set out the main prayer)
+"10.Interim relief, if any:"
+(Set out the interim prayer or writ).
+Place:………………
+Date:………………..
+(Signature)
+Advocate on-record for Petitioner(s)
+Settled by:
+(Specify the name of the Advocate in case where the petition is settled by an advocate)
+__________
+257
+NO. 33
+IN THE SUPREME COURT OF INDIA
+EXTRA-ORDINARY ORIGINAL JURISDICTION
+Writ Petition No………../20……….. (P.I.L.)
+PUBLIC INTEREST LITIGATION
+Cause Title
+"Petitioner: The name, age, father/husband’s name, occupation, complete"
+postal address and fax number with S.T.D. Code and email
+"address, if any, phone number;"
+Vs
+"Respondent: The name, age, father/husband’s name, occupation, complete"
+"address and fax number with S.T.D. Code and email address, if"
+known;
+To
+Hon’ble the Chief Justice of India and His Companion Judges of the Supreme Court of
+India.
+The Writ Petition of the Petitioner most respectfully showeth:
+The petitioner/petitioners above named respectfully submits this petition seeking
+1. Particular of the cause/order against which the petition is made:
+(1) Date of Order/Notification/Circular/Policy/Decision etc.:………………………….
+(2) Subject-matter in brief……………………………………………………………..
+2. The antecedents of the Petitioner:
+(1) That the petitioner is…………………(give petitioner’s social public
+standing/professional status and public spirited antecedents; if the petitioner is a
+"social group or organization,"
+(2) The present petition under Article 32 of the Constitution of India is being filed by
+way of public interest litigation and the petitioner has no personal interest (if he has
+"any personal interest, disclose the nature and extent of such interest). The petition is"
+being filed in the interest of……………..(give nature of such interest and particulars
+of the class of persons for whose benefit the petition is filed).
+(3) That the petitioner is filing the present petition on his own and not at the instance of
+"someone else. The litigation cost, including the advocate’s fee and the travelling"
+258
+"expense of the lawyers, if any, are being borne by the petitioner himself (if not, the"
+petitioner must disclose the source of funds).
+3. Facts constituting the cause of action:
+[Here specify the facts briefly]
+4. Source of information:
+Declare the source of information if the statement is based on information or the facts
+pleaded in the Public Interest Litigation; also whether the applicant has verified the facts
+"personally, if yes, in what manner?"
+5. Details of remedies exhausted:
+The petitioner declares that he has availed all statutory and other remedies.
+6. Nature and extent of injury caused or likely to be caused to the public:
+[Here specify concisely about the nature of injury caused or likely to be caused]
+"7. Nature and extent of personal interest, if any, of the petitioners."
+"[Here specify briefly the nature and extent of personal interest, if any]"
+"8. Details regarding any civil, criminal or revenue litigation, involving the"
+"petitioner or any of the petitioners, which has or could have a legal nexus with"
+the issue(s) involved in the Public Interest Litigation.
+"[Here specify the details, if any]"
+"9. Whether issue was raised earlier; if so, what result:"
+(Here make a statement/declaration that the issue raised was neither dealt with nor
+"decided by a Court of law at the instance of the petitioner or to the best of his knowledge,"
+"at the instance of any other person and in case such an issue was raised or dealt with, the"
+status or result thereof).
+"(Also disclose whether in a P.I.L., any cost has been awarded to or imposed upon the"
+petitioner; and whether any appreciation or stricture has been passed).
+10.Whether concerned Government Authority was moved for relief(s) sought in the
+"petition and if so, with what result:"
+(Here state whether the petitioner has made any representation in this regard to the
+"concerned authority, (if yes, details of such representation and reply, if any, from the"
+"authority concerned, along with copies thereof. If not, reason for not making such"
+representation).
+259
+11.Grounds:
+(Here specify the grounds precisely and clearly).
+12.Grounds for interim relief:
+(Specify the grounds for interim relief)
+13.Main prayer:
+(Specify below the relief(s) prayed for)
+"14.Interim relief, if any:"
+"(Give the nature of interim order prayed for, with reason)."
+Place: …………..
+Date: …………..
+(Signature)
+Advocate on-record for Petitioner(s)/
+Petitioner in-person
+Settled by:
+(Specify the name of the advocate in case where the petition is settled by an advocate).
+"* The petitioner shall disclose proof regarding personal identification, occupation and annual"
+"income, PAN number, National Unique Identity Card number, if any."
+"** The petitioner shall file an affidavit stating that there is no personal gain, private motive or"
+oblique reason in filing the Public Interest Litigation.
+__________
+NO.34
+CAVEAT
+IN THE SUPREME COURT OF INDIA
+Caveat Application No……./20…..
+"Caveator: The name, age, father/husband’s name, occupation, complete"
+"address and fax number with S.T.D. Code and email address, if"
+any;
+Vs
+"Caveatee: The name, age, father/husband’s name, occupation, complete"
+"address and fax number with S.T.D. Code and email address, if"
+known;
+1. Name of the Court/designation of the authority
+2. The date of judgment/order etc.
+3. The cause title and case number
+260
+4. Particulars of the order etc.
+Caveat
+The cavetor named above respectfully begs to submit as under:
+1. That it is expected that the caveatee may prefer an appeal/petition to the Supreme
+Court praying for interim relief therein.
+2 That the caveator was party to the proceedings before the High Court as…….
+3. That the caveator has despatched a notice of caveat by registered post with
+"acknowledgment due/by courier service, on the person by whom the"
+"appeal/petition has been, or is expected to be filed, furnishing particulars"
+"regarding the judgment/order etc. as detailed hereinabove, in respect whereof the"
+caveat is filed.
+A receipt evidencing despatch of the caveat is annexed as annexure……….
+4. The postal address of the caveator or his authorized agent:…………………….
+"5. It is, therefore, prayed that, in the event of the caveatee preferring such an"
+"appeal/petition within a period of 90 days, with an application seeking any interim"
+relief_
+(a) Notice of lodging of the petition may kindly be given to the caveator.
+(Signature)
+Advocate for
+Caveator Place:……………
+Date:……………
+No.35
+MENTION MEMO/LISTING PROFORMA
+IN THE SUPREME COURT OF INDIA
+Appellant:
+Applicant:…………………………………….
+Petitioner:
+Versus
+Respondent:
+Non-applicant:………………………………
+Request by…………………………… for listing a Case Urgently.
+261
+(At 10:30 a.m.)
+1. Case no. of main case ……………….
+2. Date and time of filing ……………….
+"3. The date on which the defects, ………………."
+"If any, were rectified:"
+(Where the Office has pointed out defects)
+4. Whether any fixed date has been
+given by the Court: ………………….
+5. Whether any tentative date has been
+appearing in the case: …………………..
+6. Purpose for which listing of the case is
+is requested: …………………….
+……………………
+…………………..
+7. Reasons for urgency: …………………..
+………………….
+………………….
+"8. Date for which the request is made, if any: ………………….."
+Place:…………… (Signature)
+Date:……………… Advocate on-record for………….
+Note: (i) Not to be presented to the Court before filing of the main case at the
+Filing Counter.
+(ii)Not to be presented for listing of a regular hearing case.
+_______
+No. 36
+INSPECTION OR SEARCH OF RECORDS
+IN THE SUPREME COURT OF INDIA
+Class of Case .................... No. …………… of 20… Listed on ....../disposed of
+on..............
+Appellant :
+Applicant : ……………………………………………………………….
+Petitioner :
+Versus
+Respondent :
+Non-applicant : …………………………………………………………………….
+262
+Application for Inspection of Record
+"To,"
+"The Registrar,"
+"Supreme Court of India,"
+New Delhi.
+"Sir,"
+Please make available following record/book/register for inspection:
+Particulars of Record / Book / Register of Capacity in which
+which Inspection is requested Inspection or search is
+sought
+Place: ………… Signature
+Date: …………. Applicant/Advocate on-
+record
+___________
+No. 37
+NOTICE TO THE RESPONDENT TO SHOW CAUSE
+"[SCR, Order XXI Rule 9(1)]"
+IN THE SUPREME COURT OF INDIA
+EXTRA-ORDINARYAPPELLATE JURISDICTION
+PETITION FOR SPECIAL LEAVE TO APPEAL (C ) NO…. OF 20…
+(arising from the judgment and decree/order of the High Court…..(full particulars to be given)
+[ A.B.] [Petitioner]
+Vs.
+[C.D.] [Respondent]
+"To,"
+Through Shri……..
+"Advocate on-record,"
+"Supreme Court of India,"
+New Delhi.
+263
+OR
+(give the address of the respondent if no appearance of an advocate on-record has been
+entered.
+Whereas the Petition for Special Leave to Appeal above-mentioned (copy enclosed) filed
+"in the Registry by Mr. ….., advocate on-record, on behalf of the Petitioner(s) above named, was"
+"listed for hearing before the Court on May…., 20…. and the Court was pleased to pass the"
+following order:-
+“________________”
+"* NOW, THEREFORE, TAKE NOTICE that the above petition will be posted for"
+hearing before the Court in due course on _____ when you may appear before this Court
+either in person or through an advocate-on-record of this Court duly appointed by you in
+that behalf within thirty days from the date of service of notice. You may thereafter show
+cause to the Court on the day that may subsequently be specified as to why special leave
+"and interim relief, as prayed for, be not granted and the resultant appeal be not allowed. ."
+"* NOW, THEREFORE, TAKE NOTICE that the above Petition with a prayer"
+for interim relief will be posted for hearing before this Court on ______ at 10:30 in the
+forenoon or so soon thereafter as may be convenient to the Court when you may appear
+before the Court either in person or through advocate on-record and show cause to the
+Court as to why Special Leave Petition and interim relief as prayed for be not granted and
+the resultant appeal be not allowed.
+You may file your affidavit in opposition to the petition as provided under Rule
+"14(1) of Order XXI, SCR 2013, within thirty days from the date of receipt of notice or"
+"not later than two weeks before the date appointed for hearing, whichever be earlier, but"
+shall do so only by setting out the grounds in opposition to the questions of law or
+grounds set out in the SLP and may produce such pleadings and documents filed before
+the Court against whose order the SLP is filed and shall also set out the grounds for not
+granting interim order or for vacating interim order if already granted.
+"TAKE FURTHER NOTICE that if you fail to enter appearance, as aforesaid, no"
+further notice shall be given to you even after the grant of special leave for hearing of the
+resultant appeal and the matter above mentioned shall be disposed of in your absence.
+"Dated this the 10th March, 2017."
+Assistant Registrar
+"(*Strike out, whichever is not applicable)"
+"(This Form, with necessary modifications and adaptations, may be used in S.L.P (Criminal) and"
+appeals)
+"Copy to:- Mr._______, Advocate"
+264
+Note:
+[1] “LEGAL AID: Legal service of an advocate is provided by the Supreme Court Legal
+Services Committee and the Supreme Court Middle Income Group Legal Aid Society to eligible
+Litigants.
+"For further information, please contact the Secretary, Supreme Court Legal Services"
+"Committee or the Member Secretary, Supreme Court Middle Income Group Legal Aid Society,"
+"107-108, Lawyer’s Chambers, R.K. Jain Block-Near Post Office, Supreme Court compound,"
+"Tilak Marg, New Delhi-110201 (Tel. No. 011-23388313, 23388597)."
+[2] MEDIATION:The facility of amicable settlement of disputes by trained mediators in
+cases pending in the Supreme Court is available in the Supreme Court.
+"For further information, please contact the Co-ordinator, Supreme Court"
+"Mediation Center, 109, Lawyers’ Chambers, R.K. Jain Block-Near Post Office, Supreme"
+"Court Compound, Tilak Marg, New Delhi-110201 (Tel No. 011-2307432)."
+Copy to:-
+_________
+NO. 38
+NOTICE TO THE RESPONDENT TO SHOW CAUSE
+"(SCR, Order XLI Rule 2)"
+IN THE SUPREME COURT OF INDIA
+(ORIGINAL JURISDICTION)
+TRANSFER PETITION (C) NO… OF 20…
+WITH
+INTERLOCUTORY APPLICATION NO. …. OF 20….
+(Application for Stay)
+[ A.B.] [Petitioner]
+Vs.
+[C.D.] [Respondent]
+"To,"
+Through Shri……..
+"Advocate on-record,"
+"Supreme Court of India,"
+New Delhi.
+OR
+(give the address of the respondent if no appearance of an advocate on-record has been
+entered.
+265
+"WHEREAS the Petition under Section 25 of the Code of Civil Procedure, 1908, above-"
+"mentioned, along with an application for ex-parte stay, seeking transfer of Case No._______ of"
+"20____, titled as________ vs._______, pending before the Family Court/Court of___________,"
+under the Jurisdiction of High Court of ________ to the Family Court/competent court
+"at_________, under the jurisdiction of the High Court of __________.[Copy enclosed] filed by"
+"Mr.________, advocate for the petitioner was listed for preliminary hearing before this Court"
+"on__________, and the Court was pleased to pass the following order:"
+“___________________”
+"NOW, THEREFORE, TAKE NOTICE that the above petition along with application"
+for stay will be taken up by this Court in due course and you may enter appearance before this
+Court either in-person or through an Advocate-on-Record of this Court duly appointed by you
+in that behalf within thirty days from the date of service of notice. You may thereafter show
+cause to the Court on the day that may subsequently be specified as to why the prayer made in
+the transfer petition and application for stay may not be allowed/granted to the petitioner above
+named.
+"NOW, THEREFORE, TAKE NOTICE that the above petition along with application"
+for stay will be posted for hearing before this Court on the ___/____/2017 and will be taken
+up by this Court on that day at 10.30 in the forenoon or so soon thereafter as may be
+convenient to the court when you may appear before this Court either in person or through
+an Advocate on record of this Court duly appointed by you in that behalf and show cause
+to the Court as to why the prayer made in the transfer petition and application for stay may not
+"be granted to the petitioner, above named."
+"You may file affidavit in opposition to the petition, as provided under Rule 3 Order XLI,"
+"S.C.R. 2013, not later than one week before the date appointed for hearing of the petition."
+"TAKE FURTHER NOTICE that if you fail to enter appearance, as aforesaid, no further"
+notice shall be given to you and the matter above mentioned shall be disposed of in your
+absence.
+"Dated this the 30th day of September, 2015."
+ASSISTANT REGISTRAR
+"(*Strike out, whichever is not applicable)"
+"(This Form, with necessary modifications and adaptations, may be used in transfer petition"
+(criminal) or otherwise.)
+"Copy to:- Mr._______, Advocate"
+266
+Note:
+[1] “LEGAL AID:Legal service of an advocate is provided by the Supreme Court
+Legal Services Committee and the Supreme Court Middle Income Group Legal Aid
+Society to eligible Litigants.
+"For further information, please contact the Secretary, Supreme Court Legal"
+"Services committee or the Member Secretary, Supreme Court Middle Income Group"
+"Legal Aid Society, 107- 108, Lawyers' Chambers, R.K. Jain Block- Near Post Office,"
+"Supreme Court compound, Tilak Marg, New Delhi-110201 (Tel. No. 011-23388313,"
+23388597)
+[2] MEDIATION:The facility of amicable settlement of disputes by trained
+mediators in cases pending in the Supreme Court is available in the Supreme Court.
+"For further information, please contact the Co-ordinator, Supreme Court"
+"Mediation Center, 109, Lawyers' Chambers, R.K. Jain Block-Near Post Office, Supreme"
+"Court Compound, Tilak Marg, New Delhi-110201 ( Tel No. 011-23071432)."
+Copy to:
+ASSISTANT REGISTRAR
+267
+Annexure I
+SUPREME COURT OF INDIA
+COMPILATION OF GUIDELINES TO BE FOLLOWED FOR
+ENTERTAINING LETTERS/PETITIONS RECEIVED
+IN THIS COURT AS PUBLIC INTEREST LITIGATION.
+(Based on full Court decision dated 1.12.1988 and subsequent modifications).
+No petition involving individual/ personal matter shall be entertained as a PIL matter except as
+indicated hereinafter.
+Letter-petitions falling under the following categories alone will ordinarily be
+entertained as Public Interest Litigation:-
+1. Bonded Labour matters.
+2. Neglected Children.
+3. Non-payment of minimum wages to workers and exploitation of casual workers and
+complaints of violation of Labour Laws (except in individual cases).
+"4. Petitions from jails complaining of harassment, for (pre-mature release)* and seeking"
+"release after having completed 14 years in jail, death in jail, transfer, release on personal"
+"bond, speedy trial as a fundamental right."
+"*$ Petitions for premature release, parole etc. are not matters which deserve to be treated"
+as petitions u/Article 32 as they can effectively be dealt with by the concerned High
+Court. To save time Registry may simultaneously call for remarks of the jail
+Superintendent and ask him to forward the same to High Court. The main petition may be
+forwarded to the concerned High Court for disposal in accordance with law.
+Even in regard to petitions containing allegations against Jail Authorities there is no
+reason why it cannot be dealt with by the High Court. But petitions complaining of
+"torture, custody death and the like may be entertained by this Court directly if the"
+allegations are of a serious nature.
+"(5) Petitions against police for refusing to register a case, harassment by police and death in"
+police custody.
+"(6) Petitions against atrocities on women, in particular harassment of bride, bride- burning,"
+"rape, murder, kidnapping etc."
++ In such cases where office calls for police report if letter petitioner asks for copy the same may
+"be supplied, only after obtaining permission of the Hon'ble Judge nominated by the Hon'ble"
+Chief Justice of India for PIL matters.
+---------------------------------------------------------------------------------------------------------------------
+$ Added based on Order dated 19.8.1993 of the then Chief Justice of India.
+268
+(7) Petitions complaining of harassment or torture of villagers by co- villagers or by police
+from persons belonging to Scheduled Caste and Scheduled Tribes and economically
+backward classes.
+"(8) Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs,"
+"food adulteration, maintenance of heritage and culture, antiques, forest and wild life and"
+other matters of public importance.
+(9) Petitions from riot -victims.
+(10) Family Pension.
+All letter-petitions received in the PIL Cell will first be screened in the Cell and only such
+petitions as are covered by the above mentioned categories will be placed before a Judge to be
+nominated by Hon'ble the Chief Justice of India for directions after which the case will be listed
+before the Bench concerned.
+"If a letter-petition is to be lodged, the orders to that effect should be passed by Registrar"
+"(Judicial) (or any Registrar nominated by the Hon'ble Chief Justice of India), instead of"
+"Additional Registrar, or any junior officer."
+To begin with only one Hon'ble Judge may be assigned this work and number increased to two or
+three later depending on the workload.
+*Submission Notes be put up before an Hon'ble Judge nominated for such periods as may be
+decided by the Hon'ble Chief Justice of India from time to time.
+"**If on scrutiny of a letter petition, it is found that the same is not covered under the PIL"
+"guidelines and no public interest is involved, then the same may be lodged only after the"
+approval from the Registrar nominated by the Hon'ble the Chief Justice of India.
+**It may be worthwhile to require an affidavit to be filed in support of the statements contained
+in the petition whenever it is not too onerous a requirement.
+---------------------------------------------------------------------------------------------------------------------
++ Added as per Order dated 29.8.2003 of the Hon'ble Chief Justice of India.
+* As per Order dated 29.8.2003 of the Hon'ble the Chief Justice of India.
+269
+**The matters which can be dealt with by the High Court or any other authority may be sent to
+them without any comment whatsoever instead of all such matters being heard judicially in this
+Court only.
+Cases falling under the following categories will not be entertained as Public Interest Litigation
+"and these may be returned to the petitioners or filed in the PIL Cell, as the case may be:"
+(1) Landlord-Tenant matters.
+(2) Service matter and those pertaining to Pension and Gratuity.
+(3) Complaints against Central/ State Government Departments and Local Bodies except
+those relating to item Nos. (1) to (10) above.
+(4) Admission to medical and other educational institution.
+(5) Petitions for early hearing of cases pending in High Courts and Subordinate Courts.
+"In regard to the petitions concerning maintenance of wife, children and parents, the petitioners"
+may be asked to file a Petition under sec. 125 of Cr. P.C. Or a Suit in the Court of competent
+jurisdiction and for that purpose to approach the nearest Legal Aid Committee for legal aid and
+advice.
+--------------------------------------------------------------------------------------------------------------------
+** Modified keeping in view the directions dated 29.8.2003 of the Hon'ble Chief Justice of India.
+270