], 3[7A. Where a caveat has been lodged as aforesaid, notice of the hearing of the petition shall be given to the caveator; but a caveator shall not be entitled to costs of the petition, unless the Court otherwise orders. 9. 20-12-1997). 2. When the Income Tax Appellate Tribunal refers a case to the Supreme Court and transmits the transcript record of the said reference, it shall give notice of that fact to the parties, calling upon them to take such steps in the Supreme Court as may be necessary for bringing the reference to a final hearing and certify to the Registrar of the Court, the date or dates of service of notice. Where the plaintiff relies on any other documents (whether in his possession or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added or annexed to the plaint. by G.S.R. Ins. 5. 9. The Court shall not ordinarily, sit on Saturdays, nor on any other days notified as Court holidays in the Official Gazette. (2) Save as otherwise provided by the rules contained in this Order the provisions of Order XV relating to the printing and preparation of record in civil appeals shall, as far as may be, apply to the printing and preparation of records in appeals under the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969). 20. 29. ], 2[13. The Court may direct notice of any proceedings to be given to the Attorney- General for India or to the Advocate-General of any State, and the Attorney-General for India, or the Advocate-General to whom such notice is given may appear and take such part in the proceedings as he may be advised. Ins. 1. 407, dated 9th December, 1997 (w.e.f. 2. 3. On the abatement of a petition under rule 30, notice of such abatement having taken place shall be published by the Registrar in the Official Gazette and the newspapers in which the original petition had been advertised and the Court may on the application made within fourteen days of the publication of such notice in the Official Gazette by any other candidate or body of electors who might have been a petitioner or petitioners as the case may be make an order, upon such terms as it thinks fit, substituting him or them in the place of the original petitioner or petitioners and the procedure prescribed in rule 27 and the provisions of rule 29 shall apply in relation to the substituted petitioner or petitioners. 1[11A The record of the appeal arising out of the petition for special leave shall normally consist of the petition of appeal and the paper book of the Court below, if available, plus such additional documents that the parties may file from the record of the case, if the printed record of the Court below be not available. 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. by G.S.R. 6. 1. Each party who has entered appearance shall be entitled to three copies of the record for his own use. 2. 1[In the case of an application made by the Attorney-General no affidavit shall be necessary in support thereof 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 clause (1) of article 139A of the Constitution, and in the case of an application made by a party to a case it shall be accompanied by an affidavit in support thereof and also by a certificate as aforesaid.] 43. If any person fails to comply with this rule the affidavit, unless the Court otherwise directs, shall not be used at the hearing of the petition. 10. 2. 409, dated 3rd July, 1990 (w.e.f. 2. The advocate may however receive from the 1[indigent person] money for out of pocket expenses, if any, properly incurred in the case. 1[(2) 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) Within one week of the receipt of the brief filed by the respondent/ defendant/Attorney-General/Advocate-General, the petitioner/ Appellant/plaintiff may submit his reply brief which shall be concise and to the point. The petition shall not be withdrawn, save with the leave of the Court to be obtained upon application made for the purpose by notice of motion. (1) After the hearing of the appeal, the Registrar or the Deputy Registrar shall issue to the Advocate appointed at the cost of the State a certificate in the prescribed form indicating therein the name of the said Advocate and the amount of fees payable to the said Advocate. 410, dated 26th February, 1968 (w.e.f. 3. Subs. (4) Within four weeks of the service of the petitioner’s written brief on him, the contesting respondent shall file his written brief setting out briefly the grounds on the basis of which he is opposing each of the propositions formulated by the petitioner. 4. 409, dated 3rd July, 1990 (w.e.f. B&B Associates LLP Advocates & Legal Consultants Chandigarh - Panchkula - Noida - Faridabad - Dehradun - Lucknow - Ludhiana. 1. 1. (b) where the suit appears from the statement in the plaint to be barred by any law. 1[(28) Application for condonation of delay in re-filing, provided the delay does not exceed 90 days from the date of notifying the defects. The Respondent shall be at liberty to file his objections within 30 days from the date of receipt of notice or not later than 2 weeks before the date appointed for hearing, whichever be earlier.]. Subs. Ins. 4. Where at any time between the filing of the petition of appeal and the hearing of the appeal 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. No advocate shall be qualified to be registered as an advocate on record unless: –. by G.S.R. >> In this Order, unless the context or subject-matter otherwise requires:- 1. /CreationDate (D:191060425144128) 11. 8. (2.) (3) Where at any time between the grant by the High Court of the Certificate for leave to appeal to the Court and the filing of the petition of appeal, and party to the proceeding in the 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 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 representatives. (6) Questions arising in connection with the payment of court-fees. 541, dated 26th June, 1987 (w.e.f. Where the appellant fails in the appeal or 1[the permission granted to him to sue as an indigent person has been withdrawn], the Court may order the appellant to pay the Court-fees which would have been paid by him if he had not been permitted to appeal as 1[an indigent person]. 9. Save as otherwise provided by the rules contained in this order, the provisions of other orders shall apply so far as may be, to appeals under section 23 of the Consumer Protection Act, 1986 (68 of 1986). (14) Applications for withdrawal of appeal by an appellant prior to his lodging the petition of appeal. Each paper as and when it is filed in the record shall be numbered and entered in the Index and classified in such manner as the Registrar may direct under the appropriate Part to which it belongs. Where at any stage prior to the hearing of the appeal an appellant desires to withdraw his appeal, he shall present a petition to that effect to the Court. 7. The rules relating to a written statement by a defendant shall apply to a written statement by a plaintiff in answer to a claim of set-off. The office shall maintain a separate register of such matters to enable the Chief Justice to constitute a Bench for the disposal of such matters. 18-7-1987). The Commissioner shall, if the advocate or other person examining a witness so desires, record a question disallowed by the Commissioner and the answer thereto, but the same shall not be admitted as evidence until the Court before which the deposition is put in evidence shall so direct. Rules 1 to 7 of the Order XX-D of the Rules, relating to the appeals under the Terrorist and Disruptive Activities (Prevention) Act, 1985, shall, with the necessary modifications and adaptations, apply to the appeals under this order. Two or more advocates not being senior advocates or advocates on record, may enter into partnership and subject to the provision contained in rule 10, any one of them may appear in any cause or matter before the Court in the name of the partnership. 4. 11. by G.S.R. 4. 10. 3. by G.S.R. It shall set out clearly the grounds for review. 7-11-1987). (38) Application for exemption from surrendering.]. The original records shall be placed before the Court at the hearing of the appeal. 26-2-1968) and again Sub. 18-7-1987). Notwithstanding anything contained in rule 3, rule 4 or rule 5 the Registrar may, in appropriate cases, authorise the acceptance of moneys by demand drafts issued in favour of the Registrar and payable in Delhi or New Delhi by a Scheduled Bank, and direct that the said amount be deposited with the 1[United Commercial Bank, Supreme Court Compound] as provided by rule 1. In suits instituted before the Court, Order XVII in the First Schedule to the Code with respect to adjournments shall, apply, with the substitution in rule 2 of the words ‘in such manner as it thinks just’ for the words ‘in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit’. 4. 189, dated 15th March, 1991 (w.e.f. The several documents indicated by inducts shall be arranged in the following order:-. 407, dated 9th December, 1997 (w.e.f. 1. 198, dated 4th February, 1976(w.e.f. 1. 1[35(1) Within forty-five days of the service on him of the notice of authentication of the record, the appellant shall lodge in the Court the statement of his case and serve a copy thereof on the respondent. 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. Are you apprehending arrest? The Bank shall, on receiving payment, retain one copy of the Challan and return the other copy, duly signed and dated acknowledging the receipt of the money, to the person making the payment. 21-12-1974). 7. (32) 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. 25-12-1982). In the case of statements based on information, the deponent shall disclose the source of this information. The Court may, for sufficient reason, allow any affidavit to be sworn, on behalf of the party from whom discovery, production or inspection is sought, by any person competent to make the same. A list of the dates of the relevant events leading up and concerning the litigation in chronological order and pedigree tables, wherever necessary, shall be given at the end of the part. 10. Soon after the conclusion of the hearing of the petition, the Registrar shall submit a statement to the Court showing the Court-fees and other expenses incurred by each party to the petition and the total number of days of hearing of the petition. Subs. The rules contained in the foregoing Orders shall apply, so far as may be, to all appeals and other proceedings, transferred to the Court under clause (4) of article 374 of the Constitution and pending in it in respect of all stages subsequent to the transfer. Syllabus. Reference received under article 143. 1350 dated 11th December, 1974 (w.e.f. 1. No Court-fee shall be payable on such reference. 127(E), dated 22nd February, 2006 (w.e.f. by G.S.R. The rules contained in Order XV, shall apply mutatis mutandis to such References with regard to the preparation of record and authentication thereof. Sub. 1. 28. Unless a caveat as prescribed by rule 2 of Order XVIII has been lodged by the other parties who appeared in the Court below, petitions for grant of special leave shall be put up for hearing ex-parte, but the Court, if it thinks fit, may direct issue of notice to the respondent and adjourn the hearing of the petition. 6. In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President, the following rules further to amend the Supreme Court Rules, 1966, namely :— (a) At the outset, the brief shall contain a short summary of the pleading essential for the decision of the points in issue. 5. After the receipt of the original record, the Registrar shall, with all convenient speed in consultation with the parties to the appeal, select the documents necessary and relevant for determining the appeal and cause sufficient number of copies of the said record to be typed or cyclostyled [(+) (if it is less than 100 pages)] or printed at the expense of the appellant.]. Save as otherwise provided by the rules contained in this order, the provisions of other Orders shall, so far as may be, apply to references under sub- section (2) of section 7 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969). 1. (2) The General Clauses Act, 1897 (10 of 1897), shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament. Where, however, the defect noticed is formal, the Registrar may allow the party to rectify the same in his presence; but, in other cases, he may require the party to obtain an order from the Court permitting the party to rectify the same and for this purpose may allow to the party concerned, such time as may be necessary but not exceeding twenty- eight days in aggregate. by G.S.R. The filing of an appeal shall not prevent execution of the decree or order appealed against but the Court, may, subject to such terms and conditions as it may think fit to impose, order a stay of execution of the decree or order, or order a stay of proceedings, in any case under appeal to the Court. ], 2[(4) The petition shall also 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. Deleted by G.S.R. 7. (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. 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) The memorandum of appeal shall be in the form of a petition. No person who has failed to comply with this rule shall be allowed to appear on the hearing of the petition without the leave of the Court. (1) The record shall be printed in accordance with the rules contained in the First Schedule to these rules and, unless otherwise ordered by the Court, it shall be printed under the supervision of the Registrar of the Court: Provided that where the proceedings from which the appeal arises were had in courts below in a language other than English, the Registrar of the Court appealed from shall within 1[six months] from the date of the service on the respondent of the notice of petition of appeal transmit to the Court in triplicate a transcript in English of the record proper of the appeal to be laid before the Court, one copy of which shall be duly authenticated. 1. (4) Applications for stay of proceedings in criminal matters. 31 dated 6th January, 1990 (w.e.f. 1. The Registrar, after satisfying himself that the petition of appeal is in order, shall endorse the date of presentation on the petition and register the same as an appeal in the Court. 18-7-1987). Ins. Where an advocate appears for different parties in the same suit, appeal or matter only one set of fees shall be allowed unless the Court otherwise orders. Subs. Where a fresh identity card is required in substitution of one that is lost or damaged, a fee of three rupees shall be levied for the issue of the same. The Court may review its judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, rule I of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record. 29-9-1973). Every document required to be translated shall be translated by a translator appointed or approved by the Court: Provided that a translation agreed to by both parties, or certified to be a true translation by the translator appointed or approved by the Court, may be accepted. (2) Where the period of limitation is claimed from the date of refusal of a certificate, it shall not be necessary to file the order refusing a certificate, but the petition for special leave shall be accompanied by an affidavit stating the date of the Judgment sought to be appealed from, the date on which the application for a certificate was made to the High Court, the date of the order refusing the certificate and the ground or grounds on which the certificate was refused and in particular whether the application for a certificate was dismissed as being out of time. 407 dated 9th December, 1997 (w.e.f. The Taxing Officer may, where he thinks it necessary, place the statement filed before the Judge in Chambers for his perusal and orders. (7) If the Court considers any of the propositions formulated or grounds taken by any of the parties in the written briefs filed as being irrelevant of frivolous the Court may award against such party or parties such costs as the Court may consider fit. 995, dated 8th December, 1982 (w.e.f. (1) Every petition under article 32 of the Constitution shall be in writing and shall be heard by a Division Court of not less than five Judges provided that a petition which does not raise a substantial question of law as to the interpretation of the Constitution may be heard and decided by a Division Court of less than five Judges, and, during vacation, by the Vacation Judge sitting singly. Subs. 10. An application made to the Court for leave to enter into an agreement or compromise or for the withdrawal of any appeal or other proceedings in pursuance of a compromise on behalf of a minor, shall be supported by an affidavit from the next friend or guardian of the minor stating that the agreement or compromise is for the benefit of the minor, and, where the minor is represented by an Advocate, by a certificate or by a statement at the bar from such advocate to the effect that the agreement or compromise is, in his opinion, for the benefit of the minor. 3. 387, dated 13th March, 1978 (w.e.f. 7-7-1990), The following papers shall be included under Part I (to be preserved permanently):-. Ins. 24. 2746, dated 6th December, 1969 (w.e.f. (11) Applications for amendment of pleading and for enlargement of time to amend any pleading. by G.S.R. (5) Applications for leave to take documents out of the custody of the Court. 1024, dated 9th August, 1978 (w.e.f.19-8-1978). Explanation:- For the purposes of this rule, the term “State” shall include a Union territory.]. (1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a new next friend in his place. 2. 2. 26. (ii) Certified copies of the judgment and order against which the leave to appeal is sought for. 466, dated 22nd June, 1983 (w.e.f. 7. 5. 541, dated 26th June, 1987 (w.e.f. Subs. by G.S.R. (a) ‘the Act’ means the Presidential and... 2. 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. Upon application to review his order, the Taxing Officer shall reconsider his taxation upon the objections carried in and may, where he thinks fit, receive further evidence in respect thereof, and shall state in a certificate the grounds of his decision thereon and any special facts or circumstances relating thereto. If at any time during the preparation of the record the amount deposited is found insufficient, the Registrar shall call upon the appellant to deposit such further sum as may be necessary within such further time as may be deemed fit but not exceeding twenty-eight days in the aggregate. (b) No advocate other than an advocate on record shall be entitled to file an appearance or act for a party in the Court. 8. 1. The Court, on the application of a person who is not a party to the case, appeal or matter, may on good cause shown, allow such person such search or inspection or to obtain such copies as is or are mentioned in the last preceding rule, on payment of the prescribed fees and charges. 3. 25-12-1982). Where any particular number of days is prescribed by these 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 Court remains closed shall also be excluded. by G.S.R. (33) Application for exemption from paying court fee. 5. Item 9 amended by G.S.R. Deleted by G.S.R. 3. (1) An advocate who has been convicted of an offence involving moral turpitude shall not be eligible, unless the said conviction has been stayed or suspended by any Court, to appear in the tests referred to in clause (ii) of rule 5, on and from the date of such conviction and thereafter for a period of two years with effect from the date he has served out the sentence, or has paid the fine imposed on him, or has served out the sentence and paid the fine imposed on him, as the case may be: 1. All matters arising between the Central Government and any party to the appeal under the three preceding rules shall be deemed to be questions arising between the parties to the appeal. 1. 6. (1) Except as otherwise provided by these rules or by any law for the time being in force, the Court-fees set out in the Third Schedule to these Rules shall be payable on the documents mentioned therein, and no document chargeable with a fee under the said Schedule shall be received or filed in the Registry unless the fee prescribed has been paid on it. The petition shall be supported by an affidavit. 4. (5) Every advocate on record shall have a registered clerk. Each of the following categories of appeals, on being registered, shall be put up for hearing ex-parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such orders as the circumstances of the case may require, namely: – (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; 2[***] (d) an appeal on a certificate granted by a High Court 3[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.}. 1[15. Upon an order being made granting special leave to appeal, the Registrar shall transmit to the Court appealed from, a certified copy of the order together with a certified copy of the petition for special leave, and the affidavit, if any, filed in support thereof. 30-3-1991). 9. Unless otherwise ordered, all moneys directed to be paid into this Court to the credit of any suit, appeal or other proceeding, shall be paid into the 1[United Commercial Bank, Supreme Court Compound, New Delhi] (hereinafter referred to as the Bank), into an account entitled ‘Government A/c-P-Deposits and Advances-II Deposits Not Bearing Int.-(C) other Deposits A/cs.-Deptl. 6. Ins. No advocate may employ as his clerk any person who is a tout. Subject to the provisions of this Order or any special order or directions of the Court, the procedure on an election petition shall follow, as nearly as may be, the procedure in proceedings before the Court in the exercise of its original jurisdiction. by G.S.R. ], 2[40. Ins. At least seven copies of affidavits and briefs shall be lodged in the Registry. by G.S.R. (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; (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. (i) his name is, and has been borne on the roll of any State Bar Council for a period of not less than 2[four] years on the date of commencement of his training as provided hereinafter: 3[Provided however, if any candidate has earlier appeared in any of the Advocates-on-Record Examination he shall continue to be so eligible to sit in any subsequent examination;], 4[(ii) he has undergone training for one year with an advocate on record approved by the Court, and has thereafter passed such tests as may be held by the Court for advocates who apply to be registered as advocates on record particulars whereof shall be notified in the Official Gazette from time to time provided however that-, (a) an attorney shall be exempted from such training and test; and, 5[(aa) a solicitor on the rolls of the Bombay Incorporated Law Society shall be exempted from such training and test if his/her name is, and has been borne on the roll of State Bar Council for the period of not less than seven years on the date of making the application for registration as an advocate-on-record;]. Be transmitted to the Judge in Chambers in his name in such.. Purposes of this rule, the term “ State ” shall include a Union Territory. ] contained...: – for the purpose of this rule, the rule shall be entitled three... Wear such robes and costume as may be cited as the Supreme Court Criminal Rules ; Court order.., 1988 ( w.e.f 30-5-1981 ) give evidence or to produce documents under these Rules of formal nature amount... Be listed for final hearing of the Supreme Court Lewis v. United States counter claim ) any case -. Parties to SUITS may apply to the Court may thereupon dismiss the petition of appeal, petition or notice... ) Lewis v. United States, 385 U.S. 206 ( 1966 ) Kent v. States! Dated 17th June, 1983 ( w.e.f legal practitioner of his choice 36 ) application for condonation of delay representation. Order registering a clerk from the register » Bare-acts » Supreme Court Rules, 1966 payment of fees... 29 and 31 deleted by G.S.R 4 renumbered as item 6 to 11 item! 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