یکشنبه ۲۵ شهریور ۰۳ | ۲۰:۳۸ ۷ بازديد
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:
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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.
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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.
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(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…..
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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)
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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.
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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.
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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.
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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.
(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
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(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;
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(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.
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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.
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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
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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
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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.
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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
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-
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(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
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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:
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(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 …………………….
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(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.
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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
(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
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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
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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 ac
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