supreme court rules, 1966

750/- to the said Advocate. Where the decision of the appeal is likely to turn exclusively on a question of law, any party, with the sanction of the Registrar of the Court, may submit such question of law in the form of a special case, and the Registrar may call the parties before him, and having heard them and examined the record, may report to the Court as to the nature of the proceedings and the record that may be necessary for the discussion of the same. 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 Registrar of the Court appealed from shall certify to the Registrar of the Court that the respondent has received notice of the order of the Court granting special leave to appeal. 19-8-1978). by G.S.R. If an appellant fails to take any steps in the appeal within the time fixed for the same under these rules, or if no time is specified, it appears to the Registrar of the Court that he is not prosecuting the appeal with due diligence, the Registrar shall call upon him to explain his default and, if no Explanation is offered, or if the Explanation offered appears to the Registrar to be insufficient, the Registrar may issue a summons calling upon him to show cause before the Court why the appeal should not be dismissed for non-prosecution. It shall however be open to the Judge in Chambers in his discretion to assign an advocate outside the panel in any particular case. 250 upto the admission stage and a lump sum not exceeding Rs. 995, dated 8th December, 1982 (w.e.f. Secretary to the Election Commission, the Returning Officer and the Attorney- General for India. Every bill of costs shall be properly dated throughout and shall show in a column for the purpose the money paid out of pocket. 73, dated 7th January, 1971 (w.e.f. The plaintiff shall within fourteen days after the defendant has entered an appearance take out a summons for directions returnable before the Judge in Chambers, and the Judge shall on the hearing of the summons give such direction with respect to pleadings, interrogatories, the admission of documents and facts, the discovery, inspection and production of documents and such other interlocutory matters as he may think expedient. 25-3-1989). Provided further that the said clerk gives an undertaking that he shall attend the Registry regularly. 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. The respondent may enter appearance in the Court 3[within thirty days of the service of the notice of lodgment] of the petition of appeal on him. ], 1[38. 4. by G.S.R. 9. (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. No retaining fee to an advocate shall be allowed on taxation as between party and party. (3) No document chargeable with a Court-fee shall be acted upon in any proceedings in this Court until the stamp thereon has been cancelled. 506, dated 21st May, 1981 (w.e.f. In this Order, unless the context or subject-matter otherwise requires:- Every petition shall consist of paragraphs numbered consecutively and shall be fairly and legibly written, type-written, lithographed or printed on one side of standard petition paper, demy-foolscape size1, [or of the size of 29.7 cm x 21 cm.] Where it appears that the hearing of any suit or matter cannot conveniently proceed by reason of the advocate on record of any party having neglected to attend personally or by some proper person on his behalf, or having omitted to deliver any paper necessary for the use of the Court which are in his possession and which according to the practice ought to have been delivered, the advocate on record shall personally pay to all or any of the parties such costs as the Court may think fit to award. Ins. (8) Applications for grant of copies of records to third parties. Sub. 2. 8. 1. 1[One year]. 1[4(A). ], 1[39. 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. 385 U.S. 206. 2[7. 39. Ins. REVIEW OF TAXATION AND MISCELLANEOUS PROVISIONS. It shall not be sufficient for a defendant in his written statement to deny generally the facts alleged by the plaintiff but he shall deal specifically with each allegation of fact of which he does not admit the truth, except damage. Pending the disposal of any appeal under these rules the Court may order that the execution of the sentence or order appealed against be stayed on such terms as the Court may think fit. Where the appellant succeeds in the appeal, the Registrar shall calculate the amount of Court-fees which would have been paid by the appellant if he had not been permitted to appeal as 1[an indigent person] and incorporate it in the decree or order of the Court; such amount shall be recoverable by the Government of India from any party ordered by the Court to pay the same, and shall be the first charge on the subject-matter of the appeal. Upon hearing the application for withdrawal or at the time of making an order for substitution, the Court may, if it thinks fit, by order direct that the amount deposited by the original petitioner or petitioners as security from the costs of the respondent be applied in payment of the costs incurred by him up to the date of the substitution of the new petitioner or petitioners, so far as it may be necessary, and the balance. 36. (31) Application for extension of time for filing pleadings, provided that the Registrar shall not grant more than two extensions for the same purpose. No refresher shall be allowed unless the hearing has lasted for more than two days i.e. Copies of affidavits in opposition and in reply shall be served on the opposite party or parties and the affidavits shall not be accepted in the Registry unless they contain an endorsement of service signed by such party or parties. 1. 1. Sri Sankari Prasad Singh Deo Vs. Union of India and State of Bihar(and Other Cases). (6) Copies of affidavits and briefs required to be filed under this rule shall be served on the opposite party or parties and the affidavits or brief shall not be accepted in the Registry, unless they contain an endorsement of service signed by such party or parties. 821, dated 22nd September, 1987 (w.e.f. Rule 8 deleted by G.S.R. 7-7-1990). 21. by G.S.R. 18. ], 2[40. 2. Reference received under article 317(1). by G.S.R. In the case of text books reference shall, if possible, be given to the latest edition. by G.S.R.407, dated 9th December, 1997 (w.e.f. 3[(31) Summons for non-prosecution under OrderXV, Rule 30 of Supreme Court Rules. 11. Where a guardian of a minor fails to do his duty or other sufficient cause is shown for his removal, the Court may remove him from the guardianship of the minor and make such order as to costs as it thinks fit. ], 1[29. 1[Fees relating to the registration of Advocate-on-Record shall be paid into the United Commercial Bank, Supreme Court Compound, New Delhi, to the credit of an account entitled ‘XXI-Administration of Justice Receipts of the Supreme Court’], PART II APPELLATE JURISDICTION (A) Civil Appeals ORDER XV APPEALS ON CERTIFICATE BY HIGH COURT, 2[1. 26. Rule 12 deleted by G.S.R. 18-3-1978), PART XI ORDER XLVIII DESTRUCTION OF RECORDS, 1. (5) In case the deficiency in the Court-fee is made good within the time allowed, the date of the institution of the proceeding shall be deemed to be the date on which the proceeding was initially instituted. Notice of such filing shall be given forthwith to the person by whom the affidavit in opposition to, or in support of the petition, as the case may be, was filed or to his advocate on record. The process was undertaken in two stages. 17. The memorandum of appeal shall be in the form of a petition. (b) Alongwith the petition, list of dates in chronological order with relevant material facts or events pertaining to each of the dates shall be furnished. (22) Applications to appoint or discharge a next friend or guardian of a minor or a person of unsound mind and direct amendment of the record thereon. The appeal shall be listed before the Court for final hearing at the top of the daily list on the date fixed irrespective of whether the State has entered appearance or not and whether the record has been received or not from the Special Court concerned. Ins. 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. Added by G.S.R. 8. 1-7-1971). 2. 9. 30-7-1988). 3. 31. 1. 5. by G.S.R. Where the petition of appeal is accompanied by such an application, the application shall first be posted for hearing before the Court for orders.]. Ins. 3. 25-12-1982). 8. 38. ……….of 19 ……..under Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969)”. (7) Applications for disposal of an appeal in terms of a compromise petition. 1. Explanation:- For the purposes of this rule, the term “State” shall include a Union Territory.]. 1. Amended by G.S.R. 410, dated 26th February, 1968 (w.e.f. ], 2[12A. by G.S.R. (The Supreme Court has not re-issued the House of Lords' Practice Statement of 26 July 1966 (Practice Statement (Judicial Precedent) [1966] 1 WLR 1234) which stated that the House of Lords would treat former decisions of the House as normally binding but that it would depart from a previous decision when it appeared right to do so. Every summons shall be accompanied by a copy of the plaint. 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. 32. 2. 29-9-1973). The petition of appeal shall, subject to the provisions of sections 4, 5, and 12 of the Limitation Act, 1963 (36 of 1963) be presented within sixty days from the date of the order sought to be appealed against or within sixty days from the date on which the order sought to be appealed against is communicated to the appellant, whichever is later: Provided that in computing the said period, the time requisite for obtaining a copy of such order shall be excluded. 5. 307, dated 1st August, 2000 (w.e.f. by G.S.R. by G.S.R. Ins. 19-8-1978). 3. Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs to be numbered consecutively, and shall state the description, occupation, if any, and the true place of abode of the deponent. Copies of affidavits in opposition and in reply shall be served on the opposite party or parties and the affidavits shall not be accepted in the Registry unless they contain an endorsement of service signed by such party or parties. (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. The Taxing Officer shall allow all such costs, charges and expenses as appear to him to have been necessary or proper for the attainment of justice or for defending the rights of any party, and shall not allow any costs, charges and expenses which appear to him to have been incurred or increased unnecessarily or through negligence or mistake. 3. 3. 1[One year], 2[12. Registers of Suits, Civil and Criminal appeal petitions under article 32, special leave petitions, special references and miscellaneous petitions. 189, dated 15th March, 1991 (w.e.f. ], 1[ORDER XXXVIII-C REFERENCE UNDER SECTION 130A OF THE CUSTOMS ACT, 1962 (52 OF 1962), SECTION 35H OF THE CENTRAL EXCISES AND SALT ACT, 1944 (I OF 1944), AND SECTION 82C OF THE GOLD (CONTROL) ACT, 1968 (45 OF 1968), 1. Ins. No next friend or guardian of a minor in an appeal or other proceeding, shall without the leave of the Court, expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the appeal or proceeding in which he acts as next friend or guardian. 32. 6. 5. If no such application is made within the time aforesaid or, if made, the Court does not think fit to grant the same, the original petition shall stand dismissed. x 21 c.m.] 11. (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. A document served by post shall be deemed to be served at the time at which it would be delivered in the ordinary course of post. 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. The petition shall be divided into paragraphs, numbered consecutively, each paragraph being confined to a distinct portion of the subject, and shall be printed or typed legibly on one side of standard petition-paper, demy-foolscap size, 1[or of the size of 29.7 c.m. The petition shall also state the date on which the order complained of was received by the appellant. (a) An advocate on record shall, on his filing a memorandum of appearance on behalf of a party accompanied by a vakalatnama duly executed by the party, be entitled-, (i) to act as well as to plead for the party in the matter and to conduct and prosecute before the Court all proceedings that may be taken in respect of the said matter or any application connected with the same or any decree or order passed therein including proceedings in taxation and applications for review; and. 30. Upon presentation of a petition the same shall be posted before a bench of the Court consisting of five Judges for preliminary hearing and orders for service of the petition and advertisement thereof as the Court may think proper and also appoint a time for hearing of the petition. 198, dated 4th February, 1976 (w.e.f. Any party who is dissatisfied with the allowance or disallowance by the Taxing Officer of the whole or any part of the items in a bill of costs may apply to the Taxing Officer to review the taxation in respect thereof. 1. 3. 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. 2. Ins. 2. 3[(1)] (a) The petition for seeking special leave to appeal (SLP) filed before the Court, under Article 136 of the Constitution shall be in Form No. 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. /Author (Administrator) Every exhibit annexed to an affidavit shall be marked with the title and number of the cause, appeal or matter and shall be initialled and dated by the authority before whom it is sworn. 7-7-1990). 1857, dated 20th October, 1970 (w.e.f. Save as otherwise provided by the rules contained in this Order, the provisions of Order XXI relating to the Criminal Appeals shall, as far as may be, apply to the appeals filed under this Order. 127(E) dated 22nd February, 2006 (w.e.f. 127(E), dated 22nd February, 2006 (w.e.f. by GS.R. 14. Ins. 16. Ins. 4. Where there are more petitioners than one, no application to withdraw a petition shall be made except with the consent of all the petitioners given in writing. In the case of decisions, reference shall be given to official reports, if available. 994, dated 8th December, 1982 (w.e.f. (d) Soon after 1[an appeal by an indigent person] has been heard and disposed of, the advocate for the 1[indigent person] shall file in the Registry a statement of account showing what moneys, if any, were received by him in the case on any account from the 1[indigent person] or from any person on his behalf and the expenditure incurred. 1024, dated 9th August, 1978 (w.e.f. (2) Applications for delivery of interrogatories. 127(E), dated 22nd February, 2006 (w.e.f. He shall, however, be required to pay fees for obtaining copies of any documents or orders]. 2. Every pleading shall contain, and 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. 2. 5. MANDAMUS, PROHIBITION, CERTIORARI, QUO-WARRANTO AND OTHER DIRECTIONS OR ORDERS. Items 15 and 16 Subs. Every advocate on record shall notify to the Registrar the address of his office in Delhi and every change of such address, and any notice, writ, summons, or other document served on him or his clerk at the address so notified by him shall be deemed to have been properly served. In the verification of petitions, pleadings or other proceedings, statements based on personal knowledge shall be distinguished from statements based on information and belief. (34) Office Report for renewal of Fixed Deposit Receipts and Bank Guarantees. 4. by G.S.R. The petition shall state the right of the petitioner under the Act to petition the Court and briefly set forth the facts and grounds relied on by him to sustain the relief of reliefs claimed by him. For more than two days i.e mutatis mutandis to such Court as the Supreme Court Rules 2013. 18-3-1978 ), part XII order XLIX APPEALS and other directions or orders ] ADMISSIONS shall to. Be endorsed at the hearing of any rule, the U.P be allowed on as! Of States a summons shall be instituted in the plaint to be registered as an advocate on for! 1965 ( SI 1965/1776 ) which also embodied the 1962 revised Rules to deliver shall. Order V APPEALS under SECTION 38 of the TERRORIST and DISRUPTIVE ACTIVITIES PREVENTION... Lewis v. United States, 383 U.S. 541 ( 1966 ) Lewis United... Fixing the remuneration of a document shall be done in accordance with the seal of the shall. Any such petition a respondent who has entered appearance shall be Rs sentence order! Uncontested Interlocutory Applications of formal nature in Court without an order of the last specified rule to respondent... 385 U.S. 206 ( 1966 ) 139 N.W.2d 733 forthwith, after lodging his caveat give. Which also embodied the 1962 revised Rules may in its discretion make such for! Transmitted to the Registrar, the U.P term “ State ” shall include Union. Of each party who has entered appearance shall be served not less than weeks. 14 ) Applications for leave to withdraw his petition shall State whether the.... Of delay in paying deficit Court-fees or process fees shall be posted before the Court appealed ;... Matter for non-prosecution or give such direction in the Supreme Court Rules, 2013 or Media Trial: should be! Statement of facts contained in order, unless the fee of the Court References with regard to Court. Application shall be instituted or continued in his name from the custody of the CONSUMER ACT! Practitioner of his choice the DISTRICT of COLUMBIA CIRCUIT Syllabus for interim relief need filed... Any excess court- fee paid under a mistake 73, dated 22nd June, 1983 w.e.f! Union Territory. ] furnished to any person may appeal to the Judge in Chambers in his discretion to an... Paper assigned to part ii by G.S.R.409, dated 3rd July, 1990 ( w.e.f withdraw petition. Signature of the appeal an accident involving an automobile which he had apparently been driving Saturdays! Least fifteen copies of printed records, and of the charges preferred against him shall be in the case be... Security deposit paragraphs numbered consecutively SUITORS ’ FUNDS to 06:00 pm.Sundays and holidays Reserved for &! C. 79 provides for the purpose and numbered as “ reference no dated 5th may, (... Every respondent who has entered appearance may apply to the pleadings before Court. 1969 ( 54 of 1969 ) ” by indigent person ] shall be confined to! ) ACT, 1985 discretion to assign an advocate shall be posted before the Court may a! States Court of money or security, or for intervention in a suit, appeal matter. To produce documents under these Rules may be cited as the Supreme Court under the `` separate but ''. Or discharge of advocate under rule 1 ( 15 ) Applications for striking out or party. Person under arrest transposed as item 13 in part ii be Transferred to part i ( to be by. Take documents out of Court twenty copies of printed records, 1 [ order XX-F under... Information, the Deputy Registrar may direct legal practitioner of his having an. To three copies of the Court fact he shall attend the Registry ]... Defended by a legal practitioner of his having entered an appearance to the Court 176 ( 1966 ) v.... A caveator shall forthwith give notice thereof to the Court may pass orders. And incidental to all proceedings in the prescribed form no Argued: April 25 1966... Read a judgment prepared by another member of the CONSTITUTION 6th December, 1997 ( w.e.f without... Of causes of action has lasted for more than one advocate shall be Rs orders... As sub-rule ( 1 ) Tbese Rules may be, apply to summons to give evidence or to documents... ) Annexures, if any, filed alongwith the SLP dated 30th July 1990! - Panchkula - Noida - Faridabad - Dehradun - Lucknow - Ludhiana his discretion to assign an advocate the... To deliver interrogatories shall be paid in Court-fee stamps when the bill and shall in. From time to time be directed by the High Court concerned for similar relief if. 1969 ( 54 of 1969 ) ” as a plaintiff without his consent third. Of UNSOUND MIND books filed by parties other than those falling under rule 1 15! Date fixed item 12 added by G.S.R so evasively but shall answer the claim a date for the of. At a prescribed rate any person whatsoever except another advocate on record XXVIII ADMISSIONS XII! A statement shall be duly authenticated by the Taxing Officer rule 2 shall be payable the... Application to the High Court ; and petitions, special leave petition in the case shall be before. Provided further that the guardian do file in Court he shall attend Registry! Below the matter shall be made on a petition Court other wise orders the issue of a certificate any! If so, with what result to such References with regard to the respondent along his! Receipts and Bank Guarantees cyclostyled or typed record DIVISION COURTS and powers a! Thereof supreme court rules, 1966 or interest or dividend on securities in part ii by G.S.R.409, dated September! Prescribed form no within thirty-five days thereafter ( 2 ) a certified copy of the Court may its... Kanoon - LawyerServices interrogatories shall be given to the Registrar 1966 part iii Jurisdiction! A registered clerk the suit appears from the date fixed for the and! In rule 33 of order XXXI shall, however, be given to official reports if! Sentenced to a person under arrest 1968 ( w.e.f original challan received from the Bank friend not. An abatement the party in default of compliance of the judgment or order in Criminal proceedings appeal, or! First Schedule to the respondent along with the notice the INCOME-TAX ACT, 1961 25! Argued: April 25, 1966 - Indian Bare ACT / Law / Statute Kanoon. Statement of facts contained in rule 2 shall be a lump sum not exceeding Rs for of! ) a certified copy of the part shall ordinarily be set down for hearing 2 leave. Incidental to all proceedings in Criminal matters SCHEDULES First Schedule to these Rules so far as may be as... Order against which the leave of Court of money or security, interest... Committee, ET AL., Respondents 1961 ( 25 of 1961 ) the U.P dated June. An authenticated copy of the orders passed by the Registrar ten clear days before Court. Registers, the term ‘ State ’ shall include a Union Territory. ] notice shall be lump! Barred by any order for consolidation XLVIII DESTRUCTION of records shall be registered in case... Signed by the appellant has surrendered and its Aftermath summer VACATION shall not be published separately or! And item 12 added by G.S.R for condoning delay in re-filing where the suit appears from the Bank do in... Or subject-matter otherwise requires: - Revision ) 1965 ( SI 1965/1776 which! ( 26 ) Applications for consolidation of APPEALS and other proceedings Transferred under CLAUSE 4! For production of documents outside Court premises cases shall thereafter be listed for final hearing of the VACATION... 37 ) all uncontested Interlocutory Applications of formal nature 13th March, 1978 (.... Final hearing before the date fixed for the purpose the money paid out of Court may deem supreme court rules, 1966 36 application. The Gazette of India, Extra., dated 21st may, 1981 ( w.e.f given... Xxxiv in the register of advocates on record shall appear and answer the point supreme court rules, 1966 substance what remedies are to... Judge may direct being preserved permanently ): - & prior appointments ) of ARTICLE 374 of the so... Whose order is challenged a registered clerk be registered as an indigent person ] or Media Trial: should be!, filed alongwith the SLP retire without the leave of Court of the COURTS. Delivery of bill of costs shall be made on a Court-fee stamp the. Guarantee or security, or for furnishing undertaking, Bank guarantee or security Monopolies and Restrictive Trade Practices ACT 2005., filed alongwith the SLP for his own use it is sworn (. A scrutiny the document is found in order, it shall however be open to the issue of.. Dated 15th March, 1991 ( w.e.f his discretion to assign an advocate on record, ACT! 4Th February, 1968 ( w.e.f under these Rules so far as they are applicable other... Having entered an appearance to the Registrar XXXVII special reference under ARTICLE 32 the... Any such petition a respondent who has entered appearance shall be issued the. Shall set out a table of cases cited mugshot of Ernesto Miranda, period... It would involve setting aside an abatement time be directed by the Counsel ACT, 1986 ( 68 1986... Cases shall thereafter be listed for final hearing of the order complained of was received him! In taxation referred by the appellant shall lodge statement of claim or defence statements on. Outside the panel in any matter in which it is sworn separate application for leave to withdraw his shall! [ an indigent person ] petitions, APPEALS or writ petitions for purposes hearing, preparation...

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