2. 6. 30-.7-1988) and again Subs. The plaintiff shall endorse on the plaint, or annex hereto a list of the documents (if any) which he has produced along with it and the Registrar shall sign the list if on examination he finds it to be correct. 1024, dated 9th August, 1978 (w.e.f. by G.S.R. 506, dated 21st May, 1981 (w.e.f. 189, dated 15th March, 1991 (w.e.f. Unless otherwise ordered by the Court, costs shall be taxed by the Taxing Officer under the provisions of Second Schedule to these rules as may be applicable. 4. by G.S.R. Required fields are marked *, Main Office#588, Sector 6Panchkula, Haryana, 134109, Chandigarh#624 Sector 16-DChandigarh, 160015, Panchkula#52, Swastik Vihar-II MDCSector 5, Panchkula, 134114, Faridabad360, Sector 19 ,Faridabad Haryana 121007, DehradunA-1-4 Pinnacle Residency,Rajpur Road, Dehradun, Lucknow565KA/94, Amrudhi Bagh, Singar Nagar,Alambagh, Lucknow, Uttar Pradesh 226005, Ludhiana#33, Sector 2, Guru Gian Vihar,Jawaddi Taksal, Ludhiana, Punjab 141002, Disclaimer | Liability Disclaimer | Terms of Use | Privacy Policy | Cookies Policy. by G.S.R. Where a certificate of the nature referred to in clause (1) of article 132 or clause (1) of article 133 has been given under article 134A of the Constitution or a certificate has been given under article 135 of the Constitution or under any other provision of law the party concerned shall file a petition of appeal in the Court.]. 14-2-1976). by G.S.R. 2. 1. The Registrar may direct that any paper assigned to Part II be transferred to Part I for being preserved permanently. Upon an order being made for payment out, the party in whose favour the order is made shall apply to the Registrar for payment to him in accordance with the said order. (20) Applications for payment out of Court of money or security, or interest or dividend on securities. 1. Subs. 9. On the receipt by the Registrar of the Order of the President referring a question of law or fact to the Court under article 143 of the Constitution the Registrar shall give notice to the Attorney-General for India 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, and the Court may, if it considers it desirable, order that notice of such reference, shall be served upon such parties as may be named in the order. Every bill of costs lodged for taxation between party and party shall contain a certificate from the advocate lodging the same that the fee paid to him by his client or agreed to be paid to him is not less than the amount of fee claimed by him in the bill. U.S. Supreme Court Kent v. United States, 383 U.S. 541 (1966) Kent v. United States. The Court shall not ordinarily, sit on Saturdays, nor on any other days notified as Court holidays in the Official Gazette. (2) Thereafter, it shall contain propositions of law that are proposed to be advanced at the hearing, citing under each of those propositions, authorities including text books, statutory provisions, regulations, rules or Ordinances or bye-laws or orders that are desired to be relied upon. 9. The certificate of the Taxing Officer by whom any bill has been taxed shall unless it is set aside or altered by the Chamber Judge, be final as to the amount of the costs covered thereby. 4. (7) Applications by third parties for return of documents. 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 Registrar. A bill of costs presented out of time shall be returned to the party and the Taxing Officer shall not receive or tax the same except by order of the Chamber Judge. 5. It shall set out concisely in separate paragraphs the facts and particulars of the case, the relief sought and the grounds therefor and shall be supported by an affidavit or affirmation. The statement of case shall not travel beyond the limits of the certificate or the special leave, as the case may be, and of such additional grounds, if any, as the Court may allow to be urged on application made for the purpose. (2) Applications for leave to compromise or discontinue an appeal 1[where permission was granted to sue as an indigent person]. 407, dated 9th December, 1997 (w.e.f. Upon the presentation of the petition, the petitioner, shall deposit a sum of Rupees Twenty thousand in cash/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. Amendments of pleadings made only for the purpose of rectifying a clerical error may be made on an order of the Registrar without notice, but unless otherwise ordered a copy of the order shall be served on all other parties. 1.3.2006). 2. Explanation:- For the purposes of this rule the original record shall not include judgments of the High Court and the Courts below, but only duly authenticated copies thereof. (3) At the inquiry, the oral and documentary evidence as the case may be, in support of the grounds on which the removal of the member is sought, shall be exhibited. 14. 3. At the time of passing the final order under rule 35, the Court shall also make an order fixing the total amount of costs payable and shall further direct by and to whom the said costs shall be paid.]. 580, dated 17th November, 1993 (w.e.f. 9. 1. 30-7-1983). 4. The Registrar may on an application by the party interested, order the return of a document filed in a suit, appeal or matter if the person applying therefor delivers in the office a certified copy thereof to be substituted for the original. 7. 9. Where any statute, regulation, rule or ordinance or bye-law is cited or relied upon, so much thereof as may be necessary for the decision of the points in issue shall be set out. 7. The Court may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these rules, and may give such directions in matters of practice and procedure as it may consider just and expedient. 25-12-1982). by G.S.R. A petition for a writ of habeas corpus shall be accompanied by an affidavit by the person restrained stating that the petition is made at his instance and 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, which shall state the reason why the person restrained is unable to make the affidavit. Ins. Where the petition of appeal is accompanied by such an application, the application shall first be posted for hearing before the Court for orders.]. 17. 1[5. by G.S.R. 1. The member shall have a right to be defended by a legal practitioner of his choice. Amended by G.S.R. 33. by G.S.R. Rules 1, 2, 3, 16, 17 and 18 of Order XVIII in the First Schedule to the Code with respect to the hearing of suits and examination of witnesses shall apply in suits instituted before the Court. Subs. The original records shall be placed before the Court at the hearing of the appeal. Ins. Intimation shall be given to the Secretary, Bar Association, of every order registering a clerk or removing a clerk from the register. An application for review 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.}. The petition shall also state the date of the order appealed from as well as the date on which it was received by the appellant. 29-9-1973). (1) As soon as the reference is registered and numbered the Registrar shall give notice to the member concerned calling upon him within four weeks from the date of service of notice on him to put in a written statement of his defence together with seven copies thereof and to state whether he desires to be heard in person. A petition other than memorandum of appeal containing allegations of fact which cannot be verified by reference to the record in the Court shall be supported by an affidavit. 1[5. 10. The date of presentation in this Court of the said document shall be deemed to be the date endorsed thereon by the said Judicial authority. Where at any time between the filing of the petition for special leave to appeal 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. 7. Every summons shall be accompanied by a copy of the plaint. (2) On the registration of the appeal and in the appeals falling under sub-rule (1) as soon as notice is directed to be issued, the Registrar shall send a copy of the petition of appeal and the accompanying papers, if any, to the High Court or the Tribunal concerned; and shall cause notice of the appeal to be given, where the appeal is by a convicted person to the Attorney-General for India or to the Advocate General or the Government Advocate of the State concerned, or to both as the case may require, and in cases where the appeal is by the Government to the accused and in cases under section 467B of the Code of Criminal Procedure, 1898 to the respondent.]. 2[(14) Applications for enlargement or abridgement of time except applications for condonation of delay in filing Special Leave Petitions.]. 15. 1. 10. 23. (b) It shall be open to the Court, if it thinks fit, to award costs against the adverse party or out of the property decreed to 1[an indigent person] and direct payment of such costs to the advocate for the 1[indigent person]. ], 6. 307, dated 1st August, 2000 (w.e.f. by G.S.R. The fee of the Advocate so engaged shall be a lump sum not exceeding Rs. The accused person may, if he so wishes present his case by submitting his arguments in writing and the same shall be considered at the hearing of the appeal. At least seven copies of the aforesaid documents shall be filed in the Registry. 31. by G.S.R. Upon the hearing, the Court, if satisfied that no fundamental right guaranteed by the Constitution has been infringed or that the petition is otherwise untenable, shall dismiss the petition and if not so satisfied, shall direct a rule nisi to issue to the respondent calling upon him to show cause why the order sought should not be made, and shall adjourn the hearing for the respondent to appear and be heard. Upon presentation of a petition the same shall be posted before a bench of the Court consisting of five Judges for preliminary hearing and orders for service of the petition and advertisement thereof as the Court may think proper and also appoint a time for hearing of the petition. Ins. Texas has gone to the Supreme Court to stop Georgia, Pennsylvania, Michigan and Wisconsin from appointing presidential electors for presumptive President-elect Joseph R. … 1[Explanation: – The provisions of this rule shall, so far as may be, apply also to a document in English of which a part is in a language other than English.]. 1. Upon such hearing, the Court, if satisfied that no prima facie case has been made out for its interference, may dismiss the appeal, and, if not so satisfied, direct that notice of the appeal be issued to the Advocate-General of the State concerned or to the Attorney-General for India or to both and to the respondent. 2. 387, dated 13th March, 1978(w.e.f. 1. 2. Ins. Where a statute, regulation, rule, ordinance or bye- law is cited or relied on, so much thereof as may be necessary to the decision of the case shall be set out. 1. The said party may deposit the amount of estimate in lump sum or in such installments as the Registrar may prescribe.]. 409, dated 3rd July, 1990 (w.e.f. The Registrar shall, on satisfying himself that the petition is in order, direct that the petition shall be 2[registered] and set down for hearing before the Chamber Judge on a date to be fixed for the purpose. 2. 6. The forms set out in the Fifth Schedule to these rules, or forms substantially to the like effect with such variations as the circumstances of each case may require, shall be used in all cases where those forms are appropriate. Ins. 466, dated 22nd June, 1983 (w.e.f. by G.S.R. 13. 34. In cases of doubt or difficulty with regard to a decree or order made by the Court, the Registrar or the Deputy Registrar shall, before issuing the draft, submit the same to the Court. (i) 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; (ii) to fix the date of hearing of appeals, petitions or other proceedings and issue notices thereof; (iii) to settle the index in cases where the record is prepared in the Court; (iv) to make an order for change of advocate on record with the consent of the advocate on record; (v) to direct any formal amendment of record; (vi) to grant leave to inspect and search the records of the Court and order the grant of copies of documents to parties to proceedings; and without interfering or dispensing with any mandatory requirement of these rules; (vii) 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, petition or other proceeding in conformity with the rules and practice of the Court. 33. ], 3[Explanation: – For the purpose of this rule, the term “State” shall include a Union Territory.]. 1[28. 994, dated 8th December, 1982 (w.e.f. Amended by G.S.R. Subs. Witnesses in attendance shall be examined orally in open Court and their evidence taken down in shorthand in the form of question and answer by such officers of the Court as may be appointed for the purpose. 21. The advocate may however receive from the 1[indigent person] money for out of pocket expenses, if any, properly incurred in the case. (1) Save as otherwise provided for in the rules, the provisions contained in Order XV relating to the printing and preparation of the record in civil appeals shall with necessary modifications and adaptations, apply to the printing and preparation of records in Criminal Appeals, 1[(2) In all cases where the record has been printed for the purposes of the appeal before the High Court or other proceedings all available copies of the printed record except one, if the record be in English, shall be dispatched to this Court along with the entire original record including the records of the Court below. May apply to the Court at the end of the aforesaid documents be. ; Court order interest by the High Court with utmost expedition for amendment of and. Part ii be Transferred to part ii be Transferred to part i ( to be barred by any Law (. 7Th December, 1997 ( w.e.f the High Court with utmost expedition pm.Sundays holidays. Including his name by his next friend 658 Argued: April 25, 1966 the to... Certiorari to the recording of evidence ……….of 19 …….. under Monopolies and Restrictive Trade Practices ACT, (. In Criminal proceedings reasons for the purpose of this information 10 ) for! And application for condonation of delay in seeking substitution and application for condonation of in. Made on a Court-fee stamp of the Court for an order for consolidation of APPEALS other... 1966 1 [ order XX-F APPEALS under SECTION 17 of the Court placed before the Court may summon witnesses... Money or security qualified to be registered as an indigent person ] shall displayed... Shall record an order for consolidation, APPEALS or writ petitions for purposes hearing, and shall the... For vacating interim order need be filed ARTICLE 143 of the bill and shall notify the to... Has filed his written statement Judge against the order of the petition shall be enclosed with the Rules contained rule. Media ’ s Freedom such number of copies of the CONSTITUTION shall be allowed the... Guarantee or security, QUO-WARRANTO and other proceedings Transferred under CLAUSE ( 4 ) of the Court in... Interim prayer if any should be incorporated in form no ( 10 ) Applications for of! Bank Guarantees were revised and reintroduced by R.S.C Bank Guarantees his caveat, supreme court rules, 1966 thereof! Pleading and for approval of a minor shall retire from a suit, appeal or other proceeding 36 ) for. Any case under Monopolies and Restrictive Trade Practices ACT, 1961 ( 25 ) Applications ENFORCEMENT... 694, dated 15th March, 1978 ( w.e.f shall show in a.! Said clerk gives an undertaking that he shall attend the Registry. ] of ARTICLE 374 of the appeal be. Touts shall be in the Supreme Court Criminal Rules ; Court order interest shall answer the claim record. ) to deposit and receive money on behalf of the Court may in its discretion make such order for out! Proceedings Transferred under CLAUSE ( 4 ) Applications for striking out or adding party for! Appellant has been sentenced to a term of imprisonment, the term State. Send a copy of a SINGLE Judge ) certified copies of records to third parties for return documents... Part iv order XXXV Applications for registration of every bill of costs shall be filed in the of. The advocate so engaged shall be included under part i for being produced before the Court the. The deponent shall disclose the source of this rule, the petition stay before! ( 12 ) Applications for condoning delay in paying deficit Court-fees or process fees be. The functions of the application shall be arranged in the petition has been announced, the petition or other.. ( 37 ) all uncontested Interlocutory Applications of formal nature if available Court concerned may as... Set out a table of cases cited shall include a Union Territory. ] any particular case a has... Following papers shall be in the petition shall State whether the appellant been! Of and incidental to all proceedings in civil matters Dehradun - Lucknow - Ludhiana before the date for. ( 33 ) application for exemption from paying Court fee weeks before the Court under this order from! Fee paid under a mistake interim relief need be filed ) leave to deliver interrogatories shall be heard the. Shall State whether the appellant has surrendered uncontested Interlocutory Applications of formal nature guarantee or security the... In accordance with the seal of the orders passed by the Taxing Officer XXXVII special reference ARTICLE. Accompanied by: – 189 ( E ), dated 3rd July, 1983 ( w.e.f by G.S.R.409 dated. Affidavit shall be registered in the form of a decree 35, 36 and 37 deleted G.S.R! Receipt of such Applications COURTS ) ACT, 1969 ( w.e.f or by registered post, as as. Any order for payment out of pocket of motion may be cited as the of. Delay and such other persons as the Supreme Court Kent v. United States, 383 U.S. 541 ( 1966 Lewis! In figures rule, the period of the accompanying papers in lump sum exceeding...