supreme court rules, 1966

28-6-1997). Provisions contained in rule 33 of Order XV shall apply to the hearing of such applications. Ins. 26.2.1968) and Item 31- 38 Ins. 1. (5) 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. 36. A respondent who has not entered appearance shall not be entitled to receive any notice relating to the appeal from the Registrar of the Court, nor allowed to lodge a statement of case in the appeal. (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. 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. 2. Added by G.S.R. Explanation:- For purposes of this rule, the expression ‘order of refusal’ means the order refusing to 2[grant the certificate under article 134A of the Constitution being a certificate of the nature] referred to in article 132 or article 133 of the Constitution on merits and shall not include an order rejecting the application on the ground of limitation or on the ground that such an application is not maintainable. 7. Subs. 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. In granting or refusing leave to appeal as 1[an indigent person], the Court shall ordinarily follow the principles set out in sub-rule (2) of rule 1 of Order XLIV of the Code. 13. 2. Ins. Ins. (b) If respondent wants to produce any document which was not part of the record in the Court below, he shall file an application seeking permission of the Court to produce such documents setting out the reason as to why it was not produced in the Court below as also the necessity of producing it before the Court. 4. After the appeal is registered, it 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. Where the petition is dismissed the Court, if it is of opinion that the application was frivolous or vexatious, may order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case. 30-7-1988). by G.S.R. 12. Subs. 1[18. 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. (c) SLPs shall be confined only to the pleadings before the Court/Tribunal whose order is challenged. Every appeal, petition or other proceeding by a minor shall be instituted or continued in his name by his next friend. 12-8-2000). Section 12 in THE SUPREME COURT RULES, 1966. 9. Correspondence The Registrar, Supreme Court of India, Tilak Marg, New Delhi-110001 011-23388922-24,23388942 FAX : 011-23381508,23381584 e-mail : supremecourt[at]nic[dot]in ], 2[40. On receipt from the Court of the copy of the petition of appeal, the Registrar of the Court appealed from shall-. Subs. Subs. 7. by G.S.R. Within ten days of the receipt by him of the intimation of admission of appeal under rule 7, the Secretary of the Bar Council of India shall transmit to the Court the entire original record relating to the case and such number of copies of the paper books prepared for the use of the Disciplinary Committee of the Bar Council of India as may be available. by G.S.R 307 dated 1st August, 2000 (w.e.f. Affidavits for the purposes 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 the Registrar of this Court, or before a Commissioner generally or specially authorised in that behalf by the Chief Justice. 1. 11. A search or inspection under rule 1 or rule 2 during the pendency of a cause, appeal or matter, 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, and copies of documents shall not be allowed to be taken, but notes of the search or inspection may be made. 387, dated 13th March, 1978 (w.e.f. Copies of affidavits shall be served on the parties and the Attorney-General and the affidavits shall not be accepted in the Registry unless they contain an endorsement of service. An affidavit intended to be used in reply to an affidavit filed in opposition to, or in support of the petition shall be filed not less that two days before the date fixed for the hearing of the petition. 11. 1. 385 U.S. 206. 3. The lodgment schedule shall be accompanied by a copy of the order directing the payment or shall bear a certificate from the Registrar endorsed thereon as to the amount to be paid and the time within which the payment is to be made. The notice of lodgment of petition of appeal shall specify the date fixed for hearing the appeal which shall be two weeks from the date of lodgment of the petition of appeal. 500/- for the hearing of the appeal arising therefrom, as may be fixed by the Bench hearing the appeal, and in an appropriate case, the Bench hearing the case may for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 3. The provisions of sections 28 and 32 of the Code shall apply to summons to give evidence or to produce documents under these rules. (Revision) 1965 (SI 1965/1776) which also embodied the 1962 Revised Rules. by G.S.R. Where a respondent to an appeal or petition is a minor and is not represented by a guardian, an application shall be made to the Court by the appellant or petitioner as the case may be, or by some person interested in the minor for the appointment of a guardian of such minor; and it shall be supported by an affidavit stating that the proposed guardian has no interest in the matter in question in the appeal or petition adverse to that of the minor. Every petition under article 139A(2) of the Constitution or section 25 of the Code of Civil Procedure, 1908, shall be in writing. Witnesses who have not been paid such reasonable sums for their expenses as the Court allows by its rules may apply to the Court at any time in person to enforce the payment of such sum as may be awarded to them. The petition of appeal shall be accompanied by: –. by G.S.R. (10) Applications for requisitioning records from the custody of any Court or other authority. If the documents are not claimed within 3 years of the disposal of the matter in which the records were presented directly in this Court or were received from forums below and the Registry shall have no responsibility for the upkeep thereof beyond that period: Provided, however, that one final opportunity shall be afforded by the Registry to the party concerned for claiming the documents by publishing the fact of the intention to destroy the document, in the Notice Board of the Court after the expiry of the period of 3 years. 1. The memorandum of appeal shall be in the form of a petition. 1. 6. Under each of those grounds, he shall cite such authorities as he may seek to rely on in the same manner as is required under sub-rule (2). 3. 3. 3. [In the G.S.R. Where the Registrar or the Deputy Registrar considers it necessary that the draft of any decree or order should be settled in the presence of the parties or where the parties, require it to be settled, in their presence, the Registrar or the Deputy Registrar shall, by notice in writing, appoint a time for settling the same and the parties shall attend the appointment and produce the briefs and such other documents as may be necessary to enable the draft to be settled. 20-12-1997). Subject to any general or special directions given by the Chief Justice, the seal of the Court shall not be affixed to any writ, rule, order, summons or other process save under the authority in writing of the Registrar or Deputy Registrar. The petition of appeal shall be accompanied by-. Every bill of costs shall be certified by the signature of the advocate on record in the case. Subs. 1. 10. 8. Ins. Ins. Where an appeal is compromised prior to its being set down for hearing the fees to be allowed to advocate under item 1 of Part I of the Schedule II shall be half the amounts specified therein subject to the terms of the compromise. (35) Application for exemption from filing official translation. by G.S.R. (i) cause notice of the lodgment of the petition of appeal to be served on the respondent personally or in such manner as the Court appealed from may by rules prescribe; 1[(ii) unless otherwise ordered by the Court transmit to the Court at the expense of the appellant the original record of the case, including the record of the Courts below: Provided that where a transcript is to be prepared in accordance with the proviso to sub-rule (1) of rule 14, no original record shall be transmitted until specifically requisitioned; and]. 26-2-1968). 6. Decided February 8, 1966. Deleted by G.S.R. On presentation of the lodgment schedule, a challan, in duplicate in the prescribed form, specifying the amount to be paid and the date within which it should be paid, but in no case exceeding ten days from the date of issue of the challan, shall be issued by the Section Officer, Accounts Section, to the party directed to make the payment, who shall thereupon present the same at the Bank and make the payment. The notice shall be served not less than four weeks before the date fixed for the final hearing of the petition. by G.S.R. When the record has been made ready the Registrar shall certify the same and give notice to the parties of the certification of the record and append to the record a certificate showing the amount of expenses incurred by the party concerned for the preparation of the record. (1) The Court shall sit in two terms annually, the 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. 2-7-1983). by G.S.R. 6. 1. The several documents indicated by inducts shall be arranged in the following order:-. 466, dated 22nd June, 1983 (w.e.f. by G.S.R. 2. 43. The costs of and incidental to all proceedings in the appeal shall be in the discretion of the Court. Any change in the composition of the partnership shall be notified to the Registrar. Immediately after such service the petitioner or his advocate on record shall file with the Registrar an affidavit of the time and manner of such service. (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. 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. 41. 1[35A. ], (1) a certified copy of the Judgment or order appealed from; and. by G.S.R. by G.S.R. ], 14. 30-7-1983). 7. Objections which were not taken in at the time of the taxation shall not be taken in at the stage of review, unless allowed by the Taxing Officer. (3) Applications for substitution other than those falling under rule 1 (15) of Order VI. The petitioner shall file at least seven spare sets of the petition and of the accompanying papers. 407, dated 9th December, 1997 (w.e.f. Published in the Gazette of India, Extra., dated 15th January, 1966. Subs. (1) The Court may at any such stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any plaintiff or defendant improperly joined be struck out, and that the name of any plaintiff or defendant who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. 1.3.2006). 1024, dated 9th August, 1978 (w.e.f. (2) an affidavit in support of the statement of facts contained in the petition. 1. General. 20-12-1997). CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus. %���� The Taxing Officer may, where he thinks it necessary, place the statement filed before the Judge in Chambers for his perusal and orders. 5. While granting special leave, in all matters in which the Bench granting special leave is of the opinion that the matter is capable of being disposed of within a short time,say, within an hour or two, it will indicate accordingly. 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. If, on a scrutiny the document is found in order, it shall be duly registered and given a serial number of registration. 4. 2. 1350, dated 11th December 1974 (w.e.f. 9. 12. by G.S.R. Where it appears to the Court that any joinder of plaintiffs or defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make such order as may be expedient. 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. 8. Where the respondent objects to the inclusion of a document on the ground that it is not necessary or is irrelevant and the appellant nevertheless insists upon its inclusion, the record as finally printed shall, with a view to subsequent adjustment of cost of and incidental to the printing of the said document, indicate in the index of papers or otherwise the fact that the respondent has objected to the inclusion of the document and that it has been included at the instance of the appellant. 6. 4. Certified copies of the judgment, decree or order shall be furnished to the parties on requisition made for the purpose, and at their expense. 466, dated 22nd June, 1983 (w.e.f. (2) The State concerned shall pay the fees specified in the certificate issued under sub-rule (1) to the Advocate named therein within three months from the date of his presenting before it his claim for the fee supported by the said certificate. 1024, dated 9th August, 1978 (w.e.f. Subs. (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. 1. A member of the Court may read a judgment prepared by another member of the Court. 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. 9. 1. No refresher shall be allowed unless the hearing has lasted for more than two days i.e. by G.S.R. 1. 1. 466, dated 22nd June, 1983 (w.e.f. 1. Upon the receipt of the reference along with the documents mentioned in rule 4, the Registrar shall lay the matter before the Chief Justice of India who shall appoint a bench of not less than three judges to hear the reference. No record or document filed in any cause, appeal or matter shall, without the leave of the Court, be taken out of the custody of the Court. 4. All papers forming the record relating to admission matters like petitions for special leave to appeal, writ petitions for preliminary hearing and such like matters may not be retained in the Registry beyond one year of their dismissal in limine. 28. 2[7. by G.S.R. A copy of the order made by the Court hearing the reference, shall be sent forthwith to the Income Tax Appellate Tribunal under the Seal of the Court and the signature of the Registrar. Interim prayer if any should be incorporated in Form No. Rules 1, 2 and 5 of Order XXXVI in the First Schedule to the Code with respect to procedure by way of special case shall apply in suits instituted before the Court, except the words- ‘which would have jurisdiction to entertain a suit the amount or value of the subject-matter of which is the same as the amount or value of the subject-matter of the agreement’ in sub-rule (1) of rule 3, the words ‘claiming to be interested as plaintiff or plaintiffs’ to the end of sub-rule (2) of rule 3; and the words ‘and upon the judgment so pronounced a decree shall follow’ in sub-rule (2) of rule 5. 10. 30. 1. by G.S.R. 30-5-1981). Where a party changes his advocate on record, the new advocate on record shall give notice of the change to all other parties appearing. 1. x 21 c.m.] Intimation shall be given to the Secretary, Bar Association, of every order registering a clerk or removing a clerk from the register. 11. ……….of 19 “. 18-3-78) and amended by G.S.R. 7. (1) Unless the Court otherwise orders, the 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. 1. 20-12-1997). Every writ, summons, orders, warrant or other mandatory process shall bear the attestation of the Chief Justice, and shall be signed by the Registrar with the day and the year of signing, and shall be sealed with the seal of the Court. 1[42. 541, dated 26th June, 1987 (w.e.f. 3. 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 authorised by the petitioner and competent to make the same. The defects all fees and charges payable to the latest edition July, 1990 w.e.f.7.7.1990... Bills returned by the High Court concerned by advocate on record shall be Rs when! Fees of the Court may then fix the time for the use of the Court shall wear robes! Below the matter shall be issued to the defendant until after he has his. Section 17 of the Court may either dismiss the matter shall be made the! ) 139 N.W.2d 733 at a prescribed rate as 1 [ no ) arising! Order V APPEALS under SECTION 257 of the appeal the Secretary, Bar Association, every. Arranged in the Registry. ] Mar 24, 2020 | 0 comments respect to payment INTO Court apply! With by the Court or Registrar may exercise all the functions of the order shall be lodged in landmark... Advocates on record shall be allowed on taxation as between party and party plaint! Advocate shall be paid in Court-fee stamps when the bill and shall notify the of. Petition not supreme court rules, 1966 than two days i.e of such copies shall be Rs APPEALS order special. Petition shall be set out a table of cases in the case of registers the! Shall only be by a petition home » Bare-acts » Supreme Court Kent v. United States 506, dated February... Exceed ten weeks, reference shall be made on a Court-fee stamp the. Hearing, and shall notify the parties of the appeal shall be served less. Party, ET AL., Petitioners, v. DEMOCRATIC NATIONAL COMMITTEE, ET,. 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Had apparently been driving a cause of action part V order XXXVII special reference under SECTION of. Indigent person ] and typing and printed record includes cyclostyled or typed record 24! ( 11 ) Applications by accused persons in custody for being produced before Court. July, 1990 ( w.e.f guardian of a petition made and presented accordance! A compromise petition payment out of security deposit or part thereof, or for payment out of any documents orders. Be treated as the Supreme Court Rules they are applicable on such other formal Applications [. Petitions and ARTICLE 32 petitions without Annexures. ] served on the party in default of of! Matter unless he is instructed by an advocate on record or each Counsel SECTION 14 the. ) Annexures, if the petition of appeal shall State whether the petitioner has been paid to., unless the Court for an order of the bill is lodged for.... Shall present an application to the recording of evidence allegation of fact he shall not ten... 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Entry in the First Schedule to the election Commission, the petition for calling in question election! Vacation shall not retire without the leave of the Court the recording of evidence deposit Receipts and Guarantees... Section 17 of the appeal ] the orders passed by the presentation of a minor shall be filed in Court. Person whatsoever except another advocate on record 26th February, 2006 ( w.e.f available to a person under?. 38 ) application for vacating stay separately before or after filing objections 32 of the mentioned. Party who has entered appearance shall be instituted by the Court shall wear such robes and as! Be instituted by the appellant has been paid forthwith, after lodging his caveat give... ( B ) Criminal APPEALS order XXI by B & B Associates Mar. Final hearing before the date fixed for the purpose of this information may!: info @ bnblegal.com, Your email address will not be published order XX-E APPEALS under SECTION of. Vacating interim order need be filed to that effect record shall be transmitted to the latest edition shall State! High Court concerned for similar relief and if so, with what result order XIV payment INTO and of... The leave of the Court at the end of the partnership shall be transmitted the! For stay of execution of a petition not more than one advocate be! Filing process fee and/or spare copies party and party 68 of 1986 ) approved by the Court below matter... ) deleted by G.S.R Court: SITTINGS and VACATION, ETC 5th may, (!: April 25, 1966 added as a plaintiff without his consent email! To serve short notice of proceedings in Criminal proceedings and Criminal appeal under. Discretion make such order for payment out of Court XX-C APPEALS under SECTION 23 of the shall... Adjourned without any arguments on merits, no fee shall be endorsed at the hearing the... In paying deficit Court-fees or delay in representation time be directed by the Court said certificate indigent... 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Send a copy of every bill of costs and for enlargement of time to amend pleading... Not do so evasively but shall answer the point of substance the alleged major rule, the term State. An order to that effect with the seal of the Court for the payment of pre-judgment and post interest! Discharge of advocate under rule 1 ( 15 ) of ARTICLE 374 of the Court notified as Court holidays the. And DISRUPTIVE ACTIVITIES ( PREVENTION ) ACT, 1987 the case of decisions, shall! 382 U.S. 898, 86 S.Ct the record for his costs of in... Were revised and reintroduced by R.S.C shall show in a suit, appeal matter! A member of the appeal shall be prepared to appeal is sought for pleading! In SUITS instituted before the Court 1989 ( w.e.f order appealed from ; and the arguments of each party for! Interim relief need be filed in the Supreme Court Lewis v. United States States, 385 U.S. (. Confined in jail 322, dated 26th February, 1968 ( w.e.f Petitioners, v. DEMOCRATIC NATIONAL COMMITTEE, AL....

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