Chapter I – Preliminary 1-4<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter II – Court and Jurisdiction 5-15<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter II – Court and Jurisdiction 5-15<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter III – Classification of Cases 16-21<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter IV – Constitution and Jurisdiction of Benches 22-29<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter V \u2013Powers, Duties and Functions of the Registrar 30-37<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter VI \u2013 Roster 38<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter VII – Working Hours and Vacation 39-41<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter VIII \u2013Advocate, Vakalatnama and Memo of 42-47 Chapter IX \u2013 Affidavits 48-51<\/strong> Chapter XI \u2013Filing and Processing of Cases 78-97<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XII – Limitation 98-101<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XIII \u2013Listing of Cases 102-115<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XIV \u2013Procedure After Listing 116-133<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XV \u2013 Jail Petitions 134-137<\/p>\r\n\r\n\r\n\r\n Chapter XVI \u2013Constitution and Functions of the Judicial Branch 138-164<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XVII \u2013 Process, Warrants and Service of Documents 165-175<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XVIII \u2013 Paper Books 176-179<\/strong><\/p>\r\n\r\n\r\n\r\n General 178-179<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XIX \u2013Judgment, Decree, Order and Report 180-182<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XX \u2013Certified Copies 183-187<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XXI \u2013 Records 188-193<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XXII – Payment into and out of Court of Suitor\u2019s Funds 194-197<\/strong><\/p>\r\n\r\n\r\n\r\n Chapter XXIII \u2013 Distribution of Work on Judicial Side 198-203<\/p>\r\n\r\n\r\n\r\n Chapter XXIV \u2013 Removal of Difficulties 204<\/p>\r\n\r\n\r\n\r\n Chapter XXV \u2013 Schedule 205-217<\/p>\r\n\r\n\r\n\r\n Subject Categories 218-228<\/strong><\/p>\r\n\r\n\r\n\r\n Forms 229-267<\/strong><\/p>\r\n\r\n\r\n\r\n CHAPTER I PRELIMINARY<\/strong><\/p>\r\n\r\n\r\n\r\n This Handbook on Practice and Procedure of the Court and Office The jurisdiction of the Supreme Court can be broadly categorised as of the Note<\/strong><\/p>\r\n\r\n\r\n\r\n Article 129<\/strong> Article 131 Article 133 Article 139A(1) CHAPTER III A. The main cases shall ordinarily be classified and abbreviated as follows –<\/p>\r\n\r\n\r\n\r\n (i) petition filed under Article 139A(1) of the Constitution of India shall be registered as Transfer Petition. It may be either civil or criminal; Note<\/strong> 13. Any other case filed in this Court which does not fall under any of General<\/strong> CHAPTER IV CONSTITUTION AND JURISDICTION OF BENCHES<\/strong><\/p>\r\n\r\n\r\n\r\n I. Single Bench<\/p>\r\n\r\n\r\n\r\n Note : II. Division Bench<\/strong> (ii) Every petition calling in question the election of the President and The Registrar shall have the following powers, duties and functions, subject Taxing Officer<\/strong><\/p>\r\n\r\n\r\n\r\n The Chief Justice may appoint the Registrar or such other officer as the Taxing Officer of the Court, who shall decide, inter alia, the following questions relating to the court fee: Powers under Order V Rule 1 of the Rules<\/strong><\/p>\r\n\r\n\r\n\r\n The Registrar shall exercise powers of the Court under Order V Rule 1 of the Rules in relation to the following matters, namely: A. Court<\/p>\r\n\r\n\r\n\r\n B. Offices of the Court<\/p>\r\n\r\n\r\n\r\n C. Vacation Court<\/p>\r\n\r\n\r\n\r\n 6. The following cases shall be considered as cases of urgent nature:<\/p>\r\n\r\n\r\n\r\n 7. The following category of cases shall not be treated as cases of urgent nature for listing during vacation or holidays:<\/p>\r\n\r\n\r\n\r\n 8. Notwithstanding anything contained hereinabove, the Chief Justice may, by a special or general order, constitute a Bench of any composition and direct a particular case or a particular class or classes of cases to be listed before a particular Bench.<\/p>\r\n\r\n\r\n\r\n D. Vacation Officer<\/p>\r\n\r\n\r\n\r\n I. Advocate on-Record<\/p>\r\n\r\n\r\n\r\n (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-<\/p>\r\n\r\n\r\n\r\n (b) No advocate other than an advocate on-record shall be entitled to file an appearance or act for a party in the Court.<\/p>\r\n\r\n\r\n\r\n (c) Every advocate on-record shall keep such books of account as may be necessary to show and distinguish in connection with his practice as an advocate on-record-<\/p>\r\n\r\n\r\n\r\n (d) Every advocate on-record shall, before taxation of the Bill of Costs, file with the Taxing Officer a certificate showing the amount of fee paid to him or agreed to be paid to him by his client.<\/p>\r\n\r\n\r\n\r\n (e) No person having an advocate on-record shall file a vakalatnama authorizing another advocate on-record to act for him in the same case save with the consent of the former advocate on-record or by leave of the Judge in Chambers, unless the former advocate on record is dead, or is unable, by reason of infirmity of mind or body, to continue to act.<\/p>\r\n\r\n\r\n\r\n (f) Where a party changes his advocate on-record, the new advocate on-record shall give notice of the change to all other parties appearing in the case.<\/p>\r\n\r\n\r\n\r\n (g) No advocate on-record may, without the leave of the Court, withdraw from the conduct of any case by reason only of non payment of fees by his client.<\/p>\r\n\r\n\r\n\r\n (h) An advocate on-record who, on being designated as a senior advocate or on being appointed as a Judge or for any other reason, ceases to be an advocate on-record for any party in a case shall forthwith inform the party concerned that he has ceased to represent the said party as advocate on-record in the case.<\/p>\r\n\r\n\r\n\r\n (i) No person having an advocate on-record shall be heard in-person save by special leave of the Court.<\/p>\r\n\r\n\r\n\r\n (j) No advocate on-record shall authorize any person whatsoever, except another advocate on-record, to act for him in any case.<\/p>\r\n\r\n\r\n\r\n (k) No advocate other than the advocate on-record for a party shall appear, plead and address the Court in a case unless he is instructed by the advocate on-record or permitted by the Court.<\/p>\r\n\r\n\r\n\r\n (l) An advocate on-record shall be personally liable to the Court for the due payment of all fees and charges payable to the Court.<\/p>\r\n\r\n\r\n\r\n (m) An advocate on-record shall notify to the Registrar his\/her eMail address and the address of his office in Delhi and every change of such address, and any notice, writ, summons, or other document sent on such eMail address or served on him or his clerk at the address so notified by him shall be deemed to have been properly served.<\/p>\r\n\r\n\r\n\r\n (n) An advocate on-record shall not involve in mere name lending without any further participation in the proceedings of the case as it would constitute misconduct or conduct unbecoming of an advocate on-record.<\/p>\r\n\r\n\r\n\r\n II. Advocate A senior advocate shall not-<\/p>\r\n\r\n\r\n\r\n (i) file a vakalatnama or act in any Court or Tribunal in India;<\/p>\r\n\r\n\r\n\r\n (ii) appear without an advocate on-record in the Court or without a junior in any other Court or Tribunal in India;<\/p>\r\n\r\n\r\n\r\n (iii) accept instructions to draw pleadings or affidavit, advise on evidence or do any drafting work of an analogous kind in any Court or Tribunal in India or undertake conveyancing work of any kind whatsoever but this prohibition shall not extend to settling any such matter as aforesaid in consultation with a junior; and<\/p>\r\n\r\n\r\n\r\n (iv) accept directly from a client any brief or instructions to appear in any Court or Tribunal in India. III. Vakalatnama<\/strong> (b) A vakalatnama filed by the State or its instrumentality under Article 12 of the Constitution or any body corporate shall be signed by the appropriate authority with official seal.<\/p>\r\n\r\n\r\n\r\n (c) A vakalatnama shall \u2013<\/p>\r\n\r\n\r\n\r\n IV. Memo of Appearance<\/strong><\/p>\r\n\r\n\r\n\r\n (i) A memo of appearance shall, inter alia, consist of a declaration signed by the advocate on-record that he has been authorized, instructed and engaged to appear, act and plead for the party.<\/p>\r\n\r\n\r\n\r\n (ii) Where the party has personally authorized, instructed and engaged the advocate on-record, memo of appearance shall be countersigned by the party. Where the party is illiterate, thumb impression or other mark of the party on the memo of appearance shall be attested by at least two literate witnesses, who shall furnish their names and addresses, including police station in case of a criminal matter.<\/p>\r\n\r\n\r\n\r\n (iii) Where a person, other than a party to the cause, appeal or matter, has authorized, instructed and engaged the advocate on-record on behalf of a party, the memo of appearance shall be accompanied by the Power of Attorney signed by the party authorizing such person to authorize, engage and instruct an advocate on-record to appear, act and plead on his behalf. Such Power of Attorney shall clearly state the nature of relationship of such person with the party.<\/p>\r\n\r\n\r\n\r\n (iv) If such authorization is not accompanied by Power of Attorney, the matter shall be dealt with as a defective case. General Constituted Attorney cannot appear before the Court in a case.<\/p>\r\n\r\n\r\n\r\n 9. An affidavit may be refused to be received by the Registrar where, in his opinion, the interlineations, alterations, or erasures are so numerous as to make it expedient that the affidavit should be rewritten.<\/p>\r\n\r\n\r\n\r\n 10. Where a special time has been limited for filing affidavits, no affidavit filed after that time shall be used, except by leave of the Court.<\/p>\r\n\r\n\r\n\r\n 11. Where an affidavit is filed in a pending case, it shall mention the case number and names of the first party on either side.<\/p>\r\n\r\n\r\n\r\n 12. In the verification of petitions, pleadings or other proceedings, statements based on personal knowledge shall be distinguished from the statements based on information and belief. In the case of statements based on information, the deponent shall disclose the source of his information, including official records.<\/p>\r\n\r\n\r\n\r\n 13. In case of affidavits filed in respect of a minor or a person of unsound mind under Order VII of the Rules, the proposed guardian\/affiant shall state \u201cthat he has no interest in the matter in question in the appeal or petition adverse to that of the minor and that he is a fit and proper person to be so appointed\u201d. The affidavit shall also state \u2013<\/p>\r\n\r\n\r\n\r\n 14. Nothing in this Chapter shall be deemed to limit the power of the Court to call for an affidavit in any case and to strike out from the affidavit any averment which is scandalous, frivolous, vexatious and irrelevant or which is otherwise an abuse of the process of the Court at the cost of the offending party.<\/p>\r\n\r\n\r\n\r\n 15. The affidavit accompanying a petition for review made upon the ground of the discovery of new and important matter of evidence within the meaning of Order XLVII Rule 1 of the Code shall state in clear terms what such new and important matter of evidence is, the effect or purport thereof and that the same, after the exercise of due diligence, was not within the knowledge of the petitioner or could not be produced by him at the time when the order was made or the judgment was delivered. The documents, if any, relied upon shall be annexed to the petition.<\/p>\r\n\r\n\r\n\r\n 16. The affidavit, accompanying the main case, an interlocutory application or a miscellaneous application dismissed for<\/p>\r\n\r\n\r\n\r\n 17. \u2018Affidavit\u2019 includes a petition or other document required to be sworn or verified and \u2018sworn\u2019 includes affirmed.<\/p>\r\n\r\n\r\n\r\n 18. The affidavit, accompanying a curative petition, shall state in clear terms that the petition is governed by the judgment of the Court in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. [2002 (4) SCC 388].<\/p>\r\n\r\n\r\n\r\n CHAPTER X – PREPARATION FOR FILING OF CASES<\/strong><\/p>\r\n\r\n\r\n\r\n (i) Class of the Case; 2. Every plaint, petition, application, and other documents shall be 3. No plaint, petition, appeal, application, pleading, affidavit or other 8. (i) In a pending main case, no interlocutory application, affidavit in\r\n
(i) Advocate 1
(ii) Advocate on-record 1
(iii) Appointed day 1
(iv) Allocated Matter 1-2
(v) Chief Justice 2
(vi) Code 2
(vii) Constitution 2
(viii) Court and this Court 2
(ix) Court appealed from 2
(x) Court Fee 2
(xi) High Court 2
(xii) Interlocutory Application 2
(xiii) Judge 3
(xiv) Judgment 3
(xv) Main Case 3
(xvi) Minor 3
(xvii) Miscellaneous Application 3
(xviii) Not taken up case 3
(xix) Prescribed 3
(xx) Record 3
(xxi) Respondent 3
(xxii) The Rules and Rules of the Court 3
(xxiii) Secretary General, Registrar and Registry 4
(xxiv) Senior Advocate 4
(xxv) Special Bench 4
(xxvi) Taxing Officer 4
(xxvii) Terminal List 4<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n\r\n
\r\n
\r\n
\r\n
\r\n
\r\n
Appearance<\/p>\r\n\r\n\r\n\r\n\r\n
Chapter X – Preparation for Filing of Cases 52-77<\/strong><\/p>\r\n\r\n\r\n\r\n\r\n
\r\n
(a) Stage One 79-80
(b) Stage Two 80
(c) Stage Three 80-81
(d) Stage Four 81-82
(e) Stage Five 82<\/li>\r\n
Processing of Main Cases<\/li>\r\n\r\n
\r\n
prosecuted<\/li>\r\n\r\n
\r\n
and Release orders<\/li>\r\n\r\n
\r\n
\r\n
Part I \u2013 Original Jurisdiction 210
Part-II \u2013 Appellate Jurisdiction 210-213<\/li>\r\n\r\n
of Petition of Appeal
v<\/li>\r\n
Advocate-on-Record<\/li>\r\n
the Cost of the State<\/li>\r\n
of Reference under Article 143 of the Constitution of India<\/li>\r\n
143 of the Constitution of India<\/li>\r\n
for India or Advocate-General of a State<\/li>\r\n
Copy\/Unauthenticated \u201cCopy\u201d<\/li>\r\n
Constitution of India<\/li>\r\n
relating to Public Interest Litigation<\/li>\r\n
Order XXI Rule 9(1) of the Rules<\/li>\r\n
Order XLI Rule 2 of the Rules.<\/li>\r\nCHAPTER-1 PRELIMINARY<\/h2>\r\n\r\n\r\n\r\n
Procedure on the Judicial side containing orders issued, from time to time, is
a ready reckoner in relation to the Supreme Court Rules, 2013, framed
under Article 145 of the Constitution.<\/p>\r\n\r\n\r\n\r\n\r\n
such as the Chief Justice may from time to time direct, and shall be kept
in the custody of the Secretary-General as per Order III, Rule 4 of the
Rules.<\/li>\r\n
the Court shall be in English, as per Article 348 of the Constitution read
with Order VIII of the Rules.<\/li>\r\n
(i) \u2018Advocate\u2019 means a person whose name is entered on the roll
of advocates prepared and maintained by a State Bar Council
under the Advocates Act, 1961 (25 of 1961);
(ii) \u2018Advocate-on-record\u2019 means an advocate, who is entitled under
the Rules to act as well as to plead for a party in the Court;
(iii) \u2018Appointed day\u2019 means, August 19, 2014, on which date the
Rules came into force;
(iv) \u2018Allocated matter\u2019 means a matter, which, by virtue of the
Rules, Roster, Practice and Procedure, Judgment or Order, is
required to be heard by a Bench, and includes-
(a) an assigned case or specially directed case;
(b) case bearing single coram of a Judge;
(c) a part-heard case;
1
(d) subsequent application for bail or suspension of sentence;
(e) an application for cancellation of bail or suspension of sentence granted by the Court;
(v) \u2018Chief Justice\u2019 means the Chief Justice of India and includes a Judge appointed under Article 126 of the Constitution to perform the duties of the Chief Justice;
(vi) \u2018Code\u2019 means the Code of Civil Procedure, 1908 (5 of 1908) or
the Code of Criminal Procedure, 1973 (2 of 1974), as the case
may be;
(vii) \u2018Constitution\u2019 means the Constitution of India;
(viii) \u2018Court\u2019 and \u2018this Court\u2019 means the Supreme Court of India;
(ix) \u2018Court appealed from\u2019 includes a Tribunal or any other judicial
body from which an appeal is preferred to the Court;
(x) \u201cCourt fee\u201d means Court fee set out in the Third Schedule to
the Rules;
(xi) \u2018High Court\u2019 means-
(a) as respects anything done before the commencement of
the Constitution, a High Court within the meaning of
Section 219 of the Government of India Act, 1935; and
(b) as respects anything done or to be done after the
commencement of the Constitution, a High Court
established by or recognized under the Constitution;
(xii) \u2018Interlocutory application\u2019 means an application filed in a
pending main case praying for relief, interim or otherwise, from
the Court;
2
(xiii) \u2018Judge\u2019 means a Judge of the Court;
(xiv) \u2018Judgment\u2019 includes decree, order, sentence or determination of
any Court, Tribunal, Judge or Judicial officer;
(xv) \u2018Main Case\u2019 or \u2018Case\u2019 means a case classified in Chapter II of
this Handbook;
(xvi) \u2018Minor\u2019 in relation to Order VII of the Rules means a person
who has not attained majority within the meaning of Section 3
of the Indian Majority Act, 1875 (9 of 1875), where the appeal,
petition or other proceeding relates to any of the matters
mentioned in clauses (a) and (b) of Section 2 of that Act or to
any other matter;
(xvii) \u2018Miscellaneous Application\u2019 means interlocutory application\/
criminal miscellaneous petition\/office report for directions in a
dismissed\/disposed of matter;
(xviii) \u2018Not taken up the case\u2019 means a case which could not be or was not
taken up, for whatever reason, on the date of listing;
(xix) \u2018Prescribed\u2019 means prescribed by or under the Rules or Practice
and Procedure or administrative orders issued from time to time
by the Chief Justice;
(xx) \u2018Record\u2019 in Part II of the Rules means the aggregate of papers
relating to an appeal (including the pleadings, proceedings,
evidence and judgments) proper to be laid before the Court at
the hearing of the appeal;
(xxi) \u2018Respondent\u2019 includes an intervener;
(xxii) \u2018The Rules\u2019 and \u2018Rules of the Court\u2019 means the Supreme Court
Rules, 2013, and include the forms appended to the Rules;
3
(xxiii) (a) \u2018Secretary General\u2019 means the Secretary-General of the
Court;
(b) \u2018Registrar\u2019 means the Registrar of the Court and shall
include Additional Registrar of the Court;
(c) \u2018Registry\u2019 means the Registry of the Court.
(xxiv) \u2018Senior advocate\u2019 means any advocate so designated under subsection (2) of Section 16 of the Advocates Act, 1961 (25 of
1961), and all such advocates whose names were borne on the
roll of the senior advocates of the Court immediately before the
commencement of Chapter III of the Advocates Act, 1961;
(xxv) \u2018Special Bench\u2019 means the Bench constituted by or under the
orders of the Chief Justice to hear a case or particular class of
cases;
(xxvi) Taxing Officer\u2019 means the Officer of the Court whose duty is
to tax costs of proceedings in the Court;
(xxvii) \u2018Terminal List\u2019 means a list of cases ready for regular hearing
year-wise in each class separately in the order of their
registration.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\nCHAPTER-II COURT AND JURIDICTION<\/h2>\r\n\r\n\r\n\r\n
under:<\/p>\r\n\r\n\r\n\r\n\r\n
(i) appeals permitted under Articles 132, 133 and 134 of the
Constitution read with Orders XIX and XX;
(ii) appeals arising out of Statutes or any other law for the time
being in force [refer to Orders XIX, XX, XXI, XXII, XXIII and
XXIV of the Rules];
(iii) appeals under Section 2 of the Supreme Court [Enlargement of
Criminal Appellate Jurisdiction] Act, 1970; and read with Order
XX of the Rules;
(iv) appeals, upon grant of special leave to appeal, under Article 136
of the Constitution read with Orders XXI and XXII of the
Rules.<\/li>\r\n
Petitions for special leave to appeal under Article 136<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
Constitution read with Orders XXI and XXII of the Rules.<\/p>\r\n\r\n\r\n\r\n\r\n
(i) Petitions under Article 32 of the Constitution read with Order
XXXVIII of the Rules for issue of directions or orders or writs,
including the writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari for enforcement of the
fundamental rights;
(ii) Original suits under Article 131 of the Constitution read with
Part III(A) Orders XXV to XXXVII of the Rules;
5
(iii) Petitions under Article 139A(1) of the Constitution read with
Order XL of the Rules seeking transfer of cases involving the
same or substantial questions of law pending before the
Supreme Court and one or more High Courts or before two or
more High Courts;
(iv) Petitions under Article 139A(2) of the Constitution read with
Order XLI of the Rules seeking transfer of any case, appeal or
other proceedings pending before any High Court to any other
High Court;
(v) Petitions under Section 25 of the Code of Civil Procedure, 1908
read with Order XLI of the Rules, seeking transfer of any suit,
appeal or another proceeding from a High Court or other civil
court in one State to a High Court or other civil court in any
other State;
(vi) Petitions under Section 406 of the Code of Criminal Procedure,
1973 read with Order XXXIX of the Rules, seeking transfer of
any particular case or appeal from one High Court to another
High Court or from a criminal court subordinate to one High
Court to another criminal court of equal or superior jurisdiction,
subordinate to another High Court;
(vii) Petition under Part III of the Presidential and Vice-Presidential
Elections Act, 1952 (31 of 1952) read with Article 71 of the
Constitution and Order XLVI of the Rules relating to doubts
and disputes in relation to the election of a President or VicePresident;
(viii) Petition under Section 11(5) of the Arbitration and Conciliation
Act, 1996, read with Appointment of Arbitrators by the Chief
Justice of India Scheme, 1996, relating to appointment of an
Arbitrator.
6<\/li>\r\n
(i) Petitions under Article 32 of the Constitution read with Part
III(B) Order XXXVIII of the Rules in the nature of public
interest litigation seeking redressal of public injury,
enforcement of a public duty or vindicating interest of public
nature;
(ii) Petitions under Article 32 of the Constitution seeking transfer of
cases involving the State of Jammu and Kashmir.<\/li>\r\n
(i) Reference by the President under Article 143(1) of the
Constitution read with Order XLII of the Rules on a question of
law or fact of public importance;
(ii) Reference by the President under Article 143(2) of the
Constitution read with Order XLII of the Rules of a dispute of
the kind mentioned in the proviso to Article 131 of the
Constitution;
(iii) Reference by the President under Article 317(1) of the
Constitution read with Order XLIII of the Rules in relation to
an inquiry for removal of the Chairman or any other Member of
a Public Service Commission from his office on the ground of
misbehaviour;
(iv) Reference by the President under Section 14(1) of the Right to
Information Act, 2005 read with Order XLIII of the Rules;
(v) Reference by the Governor under Section 17(1) of the Right to
Information Act, 2005, or any Statute under Order XLIII of the
Rules;
(vi) Reference under Order XLIV of the Rules by the Central
Government or Statutory Tribunals under the Statutes;
7
(vii) Reference under Section 257 of the Income Tax Act, 1961 read
with Order XLV of the Rules, by the Income Tax Appellate
Tribunal through its President.<\/li>\r\n
(i) Petitions under Section 3 of the Rules to Regulate Proceedings
for Contempt of the Supreme Court, 1975, read with Articles
129 and 142 of the Constitution;
(ii) Applications for review under Article 137 of the Constitution
read with Order XLVII of the Rules;
(iii) Curative petitions under Order XLVIII of the Rules as per law
laid down in the case of Rupa Ashok Hurra vs. Ashok Hurra
and Anr. [2002 (4) SCC 388] to prevent abuse of the process of
the Court and cure gross miscarriage of justice;
(iv) Applications under Section 2 of the Supreme Court [Decrees
and Orders] Enforcement Order, 1954.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
The Supreme Court shall be the court of record and has all the powers
of such a court, including the power to punish for contempt of itself.<\/p>\r\n\r\n\r\n\r\n
The Supreme Court has the original jurisdiction in any dispute
between the Government of India and one or more States; or between
the Government of India and any State or States on one side and one
or more other States on the other; or between two or more States.
8
Article 132
An appeal shall lie to the Supreme Court from any judgment, decree
or final order, in a civil, criminal or other proceeding, if the High
Court certifies under Article 134A that the case involves a substantial
question of law as to the interpretation of the Constitution.<\/p>\r\n\r\n\r\n\r\n
An appeal shall lie to the Supreme Court from any judgment, decree
or final order in a civil proceeding of a High Court in the territory of
India, if the High Court certifies under Article 134A of the
Constitution that the case involves a substantial question of law of
general importance and, in the opinion of the High Court, the said
question needs to be decided by the Supreme Court.
Notwithstanding anything contained in this Article, no appeal
shall, unless Parliament by law or otherwise provides, lie to the
Supreme Court from the judgment, decree or final order of one Judge
of a High Court.
Article 134
An appeal shall lie to the Supreme Court from any judgment, final
order or sentence in a criminal proceeding of a High Court in the
territory of India, if the High Court has, on appeal, reversed an order
of acquittal of an accused person and sentenced him to death; or has
withdrawn for trial before itself any case from any court subordinate
to its authority and has, in such trial, convicted the accused person and
sentenced him to death; or if the High Court certifies under Article
134A that the case is a fit one for appeal to the Supreme Court, subject
to the proviso thereunder.
9
Article 136
Notwithstanding anything contained in Chapter IV of the
Constitution, the Supreme Court may in its discretion, grant special
leave to appeal from any judgment, decree, determination, sentence or
order in any cause or matter passed or made by any court or tribunal,
except in relation to any court or tribunal constituted by or under any
law relating to the armed forces.
Article 136 does not confer a right of appeal on any party but it
confers a discretionary power on the Supreme Court to interfere in
suitable cases.
The jurisdiction conferred by Article 136 is divisible into two
stages; first stage is upto the disposal of prayer for special leave to file
an appeal and the second stage commences if and when the leave to
appeal is granted and special leave petition is converted into an
appeal.
Under Article 136, the Supreme Court may reverse, modify or
affirm the judgment, decree or order appealed against while exercising
its appellate jurisdiction and not while exercising the discretionary
jurisdiction disposing of petition for special leave to appeal. The
doctrine of merger, therefore, applies to the former and not to the
latter. Once leave to appeal has been granted and appellate jurisdiction
of Supreme Court has been invoked, the order passed in appeal would
attract the doctrine of merger; the order may be of reversal,
modification or merely affirmation.
On an appeal having been preferred or a petition seeking leave
to appeal having been converted into an appeal before the Supreme
Court, the jurisdiction of the High Court to entertain a review petition
is lost thereafter, as provided by sub-rule (1) of Rule (1) of Order 47
of the Code.
10
Article 137
Subject to the provisions of any law made by the Parliament or any
rules made under Article 145, the Supreme Court shall have the power
to review any judgment pronounced or order made by it.
The Supreme Court has held that \u201cby describing an
application as one for clarification or modification, though
it is one for review, a party cannot be permitted to
circumvent or bypass the circulation procedure and
indirectly obtain a hearing in the open court. The Court has
further held that what cannot be done directly cannot be
permitted to be done indirectly and that an application for
\u2018clarification\u2019, \u2018modification\u2019 or \u2018recall\u2019 cannot be
entertained where, in sum and substance, the same is
clever move for review [APSRTC and Others v. Abdul
Kareem [2007 (2) SCC 466].<\/p>\r\n\r\n\r\n\r\n
Where cases involving the same or substantially the same questions of
law are pending before the Supreme Court and one or more High
Courts or before two or more High Courts and the Supreme Court is
satisfied on its own motion or an application made by the AttorneyGeneral of India or by a party to any such case that such questions are
substantial questions of general importance, the Supreme Court may
withdraw the case or cases pending before the High Court or the High
Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said
questions of law return any case so withdrawn together with a copy of
its judgment on such questions to the High Court from which the case
has been withdrawn and the High Court shall, on receipt thereof,
proceed to dispose of the case in conformity with such judgment.
11
Article 139A(2)
The Supreme Court may, if it deems it expedient so to do for the ends
of justice, transfer any case, appeal or other proceedings pending
before any High Court to any other High Court.
Article 141
The law declared by the Supreme Court is binding on all courts within
the territory of India.
Article 142
The Supreme Court may pass such decree or make such order as is
necessary for doing complete justice in any cause or matter pending
before it and it shall be enforceable throughout the territory of India in
such manner as may be prescribed by or under any law made by
Parliament and, until provision in that behalf is so made, in such
manner as the President may by order prescribe.
Subject to the provisions of any law made in this behalf by
Parliament, the Supreme Court shall, as respects the whole of the
territory of India, have all and every power to make any order for the
purpose of securing the attendance of any person, the discovery or
production of any documents, or the investigation or punishment of
any contempt of itself.
Article 143
Where a question of law or fact, which is of public importance, has
arisen or is likely to arise and if the President is of the view that it is
expedient to obtain the opinion of the Supreme Court upon it, he may
refer the question to it for consideration and the Supreme Court may,
after such hearing as it thinks fit, report to the President its opinion
thereon.
12
Notwithstanding anything contained in the proviso to Article
131, the President may refer a dispute of the kind mentioned in the
said proviso to the Supreme Court for opinion and the Supreme Court
shall, after such hearing as it thinks fit, report to the President its
opinion thereon.
Article 144
All civil and judicial authorities in the territory of India shall act in
aid of the Supreme Court.
Article 145
Subject to the provisions of any law made by the Parliament, the
Supreme Court may, from time to time, with the approval of the
President, make rules for regulating generally the practice and
procedure of the Court.
Article 32
The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by Part
III of the Constitution.
Under the Extra-ordinary Original Jurisdiction, a writ petition
in the nature of public interest litigation can be filed in the Supreme
Court.
The Supreme Court shall, inter alia, have powers to transfer any
case relating to the State of Jammu and Kashmir under Article 32 of
the Constitution. [Anita Kushwaha vs. Pushap Sudan (Transfer
Petition (C) No. 1343 of 2008)]
Even after a death sentence has been confirmed and is not open
to review, the Supreme Court may, under Article 32 read with Article
21, commute the sentence of death into one of life imprisonment on
13
the ground of undue delay in execution of the death since it was
confirmed. [Jumman vs. State of Uttar Pradesh [1991 (1) SCC 752].
Note<\/p>\r\n\r\n\r\n\r\n\r\n
(i) bonded labour matters;
(ii) matters of neglected children;
(iii) exploitation of casual labourers and non-payment of wages to
them (except in individual cases);
(iv) matters of harassment or torture of persons belonging to
Scheduled Castes, Scheduled Tribes and Economically
Backward Classes, either by co-villagers or by police;
(v) matters relating to environmental pollution, disturbance of
ecological balance, drugs, food adulteration, maintenance of
heritage and culture, antiques, forests and wild life;
(vi) petitions from riot victims; and
(vii) other matters of public importance.<\/li>\r\n
public interest litigation shall include —
(i) threat to or harassment of the petitioner by private persons;
(ii) seeking enquiry by an agency other than local police;
(iii) seeking police protection;
(iv) landlord tenant dispute;
(v) service matters;
(vi) admission to medical or engineering colleges; and
(vii) early hearing of cases pending in High Courts and subordinate
courts.<\/li>\r\n
guidelines*
and only such of them, as are covered by the parameters
laid down therein, are placed before the Judge nominated for the
purpose.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n\r\n
14
4.(a) Letter petitions received by post, even though not in public interest,
can be treated as writ petitions, if so directed by the Judge nominated
for the purpose.
(b) The following individual cases can also be registered as writ petitions
under Article 32 of the Constitution:
(i) complaints about harassment or torture or death in jail or by
police;
(ii) complaints of atrocities on women, such as harassment for
dowry, bride burning, rape, murder and kidnapping;
(iii) complaints relating to family pensions; and
(iv) complaints of refusal by police to register the case.
(c) In such cases, a Report from the concerned Authority shall be
obtained before placing the matter before the Judge for consideration
as to the registration of the case as a writ petition.
Order XLVIII of the Rules
After dismissal of a case in exercise of review jurisdiction under
Article 137 of the Constitution, by way of circulation, a curative
petition can be filed under the inherent jurisdiction of the Court to
prevent abuse of its process and cure gross miscarriage of justice, as
per the law laid down in the case of Rupa Ashok Hurra vs. Ashok
Hurra and Anr. [2002 (4) SCC 388].
15<\/li>\r\n<\/ul>\r\n\r\n\r\n\r\n
CLASSIFICATION OF CASES<\/p>\r\n\r\n\r\n\r\n\r\n
\r\n
Arbitration and Conciliation Act, 1996, shall be registered as an
Arbitration Petition.<\/li>\r\n
registered as civil appeals:
(1) appeals by certificate under Articles 132 and 133 of the Constitution read with Order XIX of the Rules;
(2) appeal, upon grant of special leave to appeal, under Article 136 of the Constitution read with Order XXI of the Rules;
(3) appeal under Section 130E of the Customs Act, 1962;
16
(4) appeal under Section 35L of the Central Excise and Salt Act,1944;
(5) appeal under Section 23 of the Consumer Protection Act, 1986;
(6) appeal under Section 27A of the Consumer Protection Act, 1986;
(7) appeal under Section 19(1)(b) of the Contempt of Courts Act, 1971;
(8) appeal under Section 38 of the Advocates Act, 1961;
(9) appeal under Section 116A of the Representation of People Act,1951;
(10) appeal under Section 18 of the Telecom Regulatory Authority of India Act, 1997;
(11) appeal under Section 15Z of the Securities and Exchange Board of India Act, 1992;
(12) appeal under Section 261 of the Income Tax Act, 1961;
(13) appeal under Section 53T of the Competition Act, 2002;
(14) appeals under Sections 30 and 31 of the Armed Forces Tribunal Act, 2007;
(15) appeal under Section 125 of the Electricity Act, 2003;
(16) appeal under Section 29(1) of the Wealth Tax Act, 1957;
(17) appeal under Section 22 of the National Green Tribunal Act, 2010;
(18) appeal under Section 10 of the Special Court (Trial of offences relating to Transaction in Securities) Act, 1992;
(19) appeal under Section 423 of the Companies Act, 2013;
(20) appeal under Sections 17 and 18 of the Airport Economic Regulatory Authority of India Act, 2008<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n\r\n
Rules to Regulate Proceedings for Contempt of the Supreme
Court, 1975, read with Section 2(b) of the Contempt of Courts
Act, 1971, and Articles 129 and 142(2) of the Constitution shall
be registered as a Contempt Petition (Civil).<\/li>\r\n\r\n
\r\n
Vice-Presidential Elections Act, 1952 (31 of 1952) read with Article
71 of the Constitution and Order XLVI of the Rules relating to
doubts and disputes in relation to the election of a President or VicePresident shall be registered as an Election Petition.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n\r\n
shall be registered as Original Suit in relation to any dispute–
(i) between the Government of India and one or more States; or
(ii) between the Government of India and any State or States on
one side and one or more other States on the other; or
(iii) between two or more States.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n\r\n
Article 136 of the Constitution from an order of the High Court
refusing to grant certificate under Article 134A of the Constitution or
in any other case from any judgment, decree, determination, sentence
or order passed or made by any Court or Tribunal, except relating to
armed forces. It may be either civil or criminal.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n\r\n
registered as References:<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n\r\n
\r\n
read with Order XL of the Rules, upon being transferred by the High
Court to this Court shall be registered as a Transferred Case.
19<\/li>\r\n
(ii) petition filed under Article 139A(2) of the Constitution of India shall be registered as Transfer Petition. It may be either civil or criminal;
(iii) petition filed under Section 25 of the Code of Civil Procedure, 1908, shall be registered as Transfer Petition(Civil);
(iv) petition filed under Section 406 of the Code of Criminal Procedure, 1973, shall be registered as Transfer Petition(Criminal); and
(v) petition filed under Section 11 of the Terrorist Affected Areas (Special Courts) Act, 1984, shall be registered as Transfer Petition (Criminal).<\/p>\r\n\r\n\r\n\r\n
A transfer petition seeking the transfer of a case relating to the State of Jammu and Kashmir shall be filed in terms of the ratio laid down in Anita Kushwaha vs. Pushap Sudan (Transfer Petition (C) No. 1343 of 2008).<\/p>\r\n\r\n\r\n\r\n\r\n
(i) petition under Article 32 of the Constitution relating to an
infringement of a right in Part III of the Constitution in a civil
case, other than habeas corpus, shall be registered as Writ
Petition (Civil);
(ii) petition under Article 32 of the Constitution relating to a
criminal matter, including habeas corpus, shall be registered as
Writ Petition (Criminal);
(iii) petition under Article 32 of the Constitution of India relating
20<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
the above categories may be classified and registered in accordance
with or under any other provision of law or orders of the Court or
special or general orders of the Chief Justice passed in that behalf.<\/p>\r\n\r\n\r\n\r\n\r\n
read with Order XLVII of the Rules shall be registered as a Review
Petition. It may be either civil or criminal.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n\r\n
shall be registered as a Curative Petition. It may be either civil or
criminal<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
The cases arising out of the Terrorist and Disruptive Activities
(Prevention) Act, 1987, or the Monopolies and Restrictive Trade
Practices Act, 1969, or under any other law, which have since been
repealed, have not been indicated in the Chapter though cases arising
therefrom, prior to repeal, are pending consideration of the Court.<\/p>\r\n\r\n\r\n\r\n\r\n
relation to the following matters may be exercised by a Single Judge sitting
in Chambers, namely:
(1) Application by advocate-on-record for leave to withdraw or for
change or discharge of advocate-on-record.
(2) Application for leave to compromise or discontinue an appeal where
permission was granted to sue as an indigent person.
(3) Application for striking out or adding party or for intervention in a
suit, appeal or other proceeding.
(4) Application for separate trials of causes of action.
(5) Application for separate trials to avoid embarrassment.
(6) Rejection of plaint.
(7) Application for setting down for judgment in default of written
statement.
(8) Application for better statement of claim or defence.
(9) Application for particulars.
(10) Application for striking out any matter in a pleading.
(11) Application for amendment of pleading and for enlargement of time to
amend any pleading.
(12) Application to tax bills returned by the Taxing Officer.
(13) Application for review of taxation.
(14) Application for enlargement or abridgement of time, except
application for condonation of delay in filing Special Leave Petitions.
(15) Application for issue of commissions.
(16) Application for assignment of security Bonds.
22
(17) Questions arising in taxation referred by the Taxing Officer.
(18) Application for orders against clients for payment of costs.
(19) Application for taxation and delivery of bill of costs and for delivery
by an advocate of documents and papers.
(20) Application for registration of advocates as advocates on record.
(21) Application for leave to proceed as an indigent person.
(22) Application for grant of bail where the petitioner is confined in jail for
offence punishable with imprisonment upto seven years.
(23) Application for stay of execution of a sentence or order in criminal
proceedings.
(24) Application by accused persons in custody for being produced before
the Court at the hearing of the appeal.
(25) Consent application in interlocutory matters.
(26) Application by accused persons for engagement of advocate under
rule 16 of Order XX.
(27) Fixing the remuneration of a guardian ad litem.
(28) Summons for non-prosecution, which includes the power of dismissal
for non-prosecution.
(29) Office Report on default.
(30) Application for exemption from paying court fee or extension of time
for paying court fee or for furnishing undertaking, bank guarantee or
security.
(31) Application for substitution, application for condonation of delay in
seeking substitution and application involving setting aside abatement.
(32) Application for condonation of delay in re-filing where the delay
exceeds 60 days from the date of notifying the defects.
(33) Application for refund of security.
(34) Application for withdrawal of any appeal, petition or suit with the
consent of all the appearing parties or where the other side has not
appeared.
23
(35) Application for exemption from surrendering, provided that not more
than one opportunity be granted for surrendering. In case of refusal
and\/or if accused do(es) not surrender, the matter be placed before the
Hon\u2019ble Judge in Chambers for non-prosecution.
(36) Issue of fresh summons and notices.
(37) Application of a person who is not a party to the case, appeal or
matter, for inspection or search or grant of copies for good cause
shown.
(38) Application by third parties for return of documents.
(39) Application 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.
(40) Application for consolidation of appeals and writ petitions for
purposes of hearing, and preparation of record.
(41) Application for amendment of pleadings with the consent of all the
appearing parties, or where the other side has not appeared.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
(i) \u201cOffice Report on Default\u201d includes cases under Order III Rule
8(vii) proviso of the Rules.
(ii) An appeal shall lie to the Judge in Chambers against the order
of the Registrar under Order V Rule 1 and Order VIII Rule 6(3)
and (4) of the Rules within fifteen days from the date of such
order.
(iii) The Judge in Chambers may at any time adjourn any matter and
lay the same before the Court.<\/p>\r\n\r\n\r\n\r\n\r\n
Chief Justice may direct matters of urgent nature to be heard by a
Judge sitting singly during summer vacation or winter holidays.<\/li>\r\n
singly may, in addition to exercising all the powers of a Judge in
Chambers under the Rules, exercise the powers of the Court in
relation to the following matters, namely:
(i) Applications for special leave to appeal in urgent cases
where interim relief is prayed for subject to the condition
that the Vacation Judge shall not decide such a petition if it
raises substantial question of law as to the interpretation of
the Constitution.
(ii) Applications for stay of execution of a decree or order or
stay of proceedings in civil matters.
(iii) Applications for transfer of cases under Section 406 of the
Code of Criminal Procedure, 1973 (2 of 1974).
(iv) Applications for stay of proceedings in criminal matters.
(v) 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.
(vi) Issue of a rule nisi in urgent applications under Article 32 of
the Constitution which involve a substantial question of law
as to the interpretation of the Constitution.
(vii) Applications of an urgent nature for transfer of cases under
Section 25 of the Code of Civil Procedure, 1908 (5 of 1908).
(viii) Issue of notice in applications of an urgent nature under
Article 139A(1) of the Constitution; and
(ix) Applications of an urgent nature for transfer of cases under
Article 139A(2) of the Constitution.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
(i) Under Order VI Rule 1 of the Rules, subject to other provisions of
the Rules, every cause, appeal or matter shall be heard by a Bench
consisting of not less than two Judges nominated by the Chief
Justice.
(ii) Every cause, appeal or other proceedings arising out of a case in
which death sentence has been confirmed or awarded by the High
Court shall be heard by a Bench consisting of not less than three
Judges.
25
(iii) In exercise of powers conferred by Order II Rule 6 of the Rules,
the Chief Justice may direct matters of urgent nature to be heard
by a Division Court during the vacation.
III. Constitution Bench<\/strong>
(i) Every case involving a substantial question of law as to the
interpretation of the Constitution under Article 145(3) or any
Reference made under Article 143 of the Constitution shall be
heard by a Bench consisting of not less than five Judges.<\/p>\r\n\r\n\r\n\r\n
Vice-President under Article 71 of the Constitution read with Part
III of the Presidential and Vice-Presidential Elections Act, 1952,
shall be posted before a Bench of five Judges under Order XLVI of
the Rules.
(iii) The Chief Justice may, from time to time, constitute a Bench
consisting of five or more Judges for the purpose of hearing any
other cause, appeal or matter.
IV. Reference to Larger Bench<\/strong>
(i) A Division Bench of two or more Judges may refer any cause,
appeal or other proceeding, pending before it, to a larger Bench of
not less than five Judges involving a substantial question of law as
to the interpretation of the Constitution, as per proviso to Article
145(3) of the Constitution.
(ii) Where, in the course of hearing of any cause, appeal or other
proceeding, the Division Bench considers that the case should be
dealt with by a larger Bench, it shall refer the case to the Chief
Justice, who shall thereupon constitute such a Bench for hearing it.
(iii) If a Bench of less than three Judges, hearing a cause, appeal or
matter, is of the opinion that the accused should be sentenced to
death, it shall refer the case to the Chief Justice, who shall
26
thereupon constitute a Bench of not less than three Judges for
hearing it.
(iv) After the Reference is answered by a larger Bench, wherever
required, the case shall be placed before the Chief Justice for listing
before an appropriate Bench for hearing and decision in accordance
with the opinion of the larger Bench.
V. Review Petition
(i)(a) An application for review under Order XLVII of the Rules read with
Article 137 of the Constitution and shall, as far as practicable, be
circulated to the same Judge or Bench of Judges that delivered the
judgment or order sought to be reviewed:
Provided that in case of non-availability of a Judge or Judges of the
Bench, by reason of retirement or otherwise, an application for
review shall be heard by a Judge or Bench of Judges, as may be
ordered by the Chief Justice.
(b) Unless otherwise ordered by the Court, an application for review
shall be disposed of by circulation without any oral arguments.
In the case of Mohd. Arif @ Ashfaq vs. The Registrar,
Supreme Court of India & Others in 2014 9 SCC 737, the
Supreme Court held that :-
\u201c\u2026\u2026..in review petitions arising out of those cases where
the death penalty is awarded, it would be necessary to
accord oral hearing in the open court\u2026\u2026\u201d
(c) Where an application for review of any judgment and order has
been made and disposed of, no further application for review shall
be entertained in the same matter.
(ii)(a) An application seeking a review, clarification or modification of
an award, passed by a Bench of Lok Adalat, shall be placed
before the same Bench at any subsequent Lok Adalat for
consideration.
27
(b) Where any of the members comprising such Bench is\/are not
available, the application shall be placed before the Chief
Justice for constitution of a Bench of Lok Adalat for
consideration.
(c) In case settlement, by consent, is not arrived at on the application
for review, clarification or modification before the Lok Adalat, the
same shall be placed, as per roster, before the Division Bench or
as ordered by the Chief Justice.
VI. Curative Petition
A curative petition under Order XLVIII of the Rules shall be first
circulated to, and heard by, a Bench of the three senior-most Judges
and the Judges, who passed the judgment or order complained of, if
available.
Unless otherwise ordered by the Court, a curative petition shall
be disposed of by circulation, without any oral arguments.
If the Bench before which the petition was circulated
concludes, by a majority, that the matter needs hearing, then it shall
be listed before the same Bench, as far as possible.
VII. General
(1)Part-heard case – A part-heard case shall be listed before the same
Bench in seisin of the case:
Provided that if the case could not be disposed of on account of
the retirement or non-availability of a Judge or released from partheard, it shall be listed for hearing before a Bench, subject to any
directions of the Chief Justice or as per roster.
(2)Contempt Petition (Civil) – A contempt petition under Rule 3 of the
Rules to Regulate Proceedings for Contempt of the Supreme Court,
1975, read with Articles 129 and 142(2) of the Constitution
complaining disobedience or non-compliance of a judgment\/order
28
passed by the Court or wilful breach of an undertaking given to a Court
shall be listed before the Bench which passed the judgment\/order
alleged to have been disobeyed and not complied with.
(3)Contempt Petition (Criminal) – A contempt petition under Rules (2)
and (3) of the Rules to Regulate Proceedings for Contempt of the
Supreme Court, 1975, read with Articles 129 and 142(2) of the
Constitution shall be listed before the Bench where contempt was
committed in view or presence or hearing of the Court or as per the
directions of the Chief Justice.
Notwithstanding anything contained in this Chapter, the
Chief Justice may, by a special or general order, direct a particular
class or classes of cases to be listed before a particular Bench.<\/p>\r\n\r\n\r\n\r\nCHAPTER V – POWER, DUTIES, AND FUNCTIONS OF THE REGISTRER<\/h2>\r\n\r\n\r\n\r\n
to any further special or general orders of the Chief Justice:<\/p>\r\n\r\n\r\n\r\n\r\n
being nominated by the Chief Justice;<\/li>\r\n
commencement of each term, prepare, publish and port on the official
website, a list of all cases ready for regular hearing in each class
separately, to be called the \u2018Terminal List\u2019;<\/li>\r\n
week, a list of cases, from out of the Terminal List, to be heard in the
following week, as far as possible in the order in which they appear in
Terminal List, subject to the directions of the Chief Justice, if any, and out
of the Weekly List, shall publish at the end of each day, a Daily List of
cases to be heard by the Court on the following day;<\/li>\r\n
List and Supplementary List of the admission hearing cases;<\/li>\r\n
Chief Justice;<\/li>\r\n
presented to the Court to be amended in accordance with the practice and
procedure of the Court or to be represented after such requisition as the
Registrar is empowered to make in relation thereto has been complied
with;<\/li>\r\n
issue notices thereof;<\/li>\r\n
advocate-on-record;<\/li>\r\n
30<\/li>\r\n
grant of copies of documents to parties to proceedings, without interfering
or dispensing with any mandatory requirement of the Rules;<\/li>\r\n
exceeding twenty eight days in aggregate for furnishing information or for
doing any other act necessary to bring the plaint, appeal or other
proceeding in conformity with the Rules and practice of the Court;<\/li>\r\n
advocate in a petition\/appeal to a party in-person;<\/li>\r\n
and give opinion by way of office report whether the party in-person will
be able to give necessary assistance to the Court for proper disposal of the
case or an advocate may be appointed as amicus curiae;<\/li>\r\n
Council of India as also the Secretary of the State Bar Council concerned
the name of an advocate, who has been designated as a senior advocate
and the date on which he was so designated;<\/li>\r\n
the official website as also, by general or special order, exclude such
persons from the precincts of the Court whose names are included in the
list of touts;<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n\r\n
document, where the party fails to take any steps for removal of the defect
within a period not exceeding twenty eight days in aggregate under Order
VIII Rules 6(3) and (4) of the Rules;<\/li>\r\n
court fee payable and if the court fee paid on account of bona fide mistake
is insufficient, to call upon that party to make good the deficiency within a
period not exceeding three months;
(ii) to make a declaration and forward a requisition for recovery of deficient
court fee to the Central Government, from the person liable to pay, as
arrear of land revenue, if the deficiency is not made good within a period
of three months;<\/li>\r\n
or inspect all pleadings and other documents or records in the case, on
payment of the prescribed fee and charges;
31<\/li>\r\n
other public Authority on requisition received from such Court, Tribunal
or Authority;<\/li>\r\n
record is lost or irretrievably misplaced;<\/li>\r\n
monthly statements of receipts and payments received from the Pay and
Accounts Officer of the Court;<\/li>\r\n
cause or is frivolous or contains scandalous matter under Order XV Rule 5
of the Rules;
[The petitioner may, within fifteen days, impugn the order of the
Registrar, by way of motion, to the Court.]<\/li>\r\n
proceedings based on a question of law and the record that may be
necessary for discussion of the case under Order XIX Rule 5 of the Rules;<\/li>\r\n
not be dismissed for non-prosecution, if the appellant is not prosecuting
the appeal with due diligence;<\/li>\r\n
record in place of, or in addition to, the party on record and the name of
such person shall thereupon be substituted or entered on the record:
Provided that no such order of substitution shall be made where a
question arises whether or not the person is the legal representative of the
deceased party or a question involving setting aside the abatement of the
cause is involved.<\/li>\r\n
case\u201d under Form No.27 appended to the Rules;<\/li>\r\n
Court Legal Services Committee or assign a panel advocate maintained by
the Registry at the cost of the State in a jail petition\/appeal;
32<\/li>\r\n
from, the relevant documents for determination of the case, upon receipt
of the jail petition\/appeal;<\/li>\r\n
Rule 20 and in the proviso to Rule 9A of Order XLV of the Code, shall be
made, unless specifically directed by the Court;<\/li>\r\n
under Article 143 of the Constitution to appear before the Court on a day
specified in the notice to take the directions of the Court as to the parties
who shall be served with notice of such Reference;<\/li>\r\n
Reference under Article 143 of the Constitution;<\/li>\r\n
person sought to be removed from the concerned office and to the
Attorney General for India or the Advocate General of the particular State
or to such person as the Statute under which the Reference is made, so
provides, to appear before the Court on a day specified in the notice to
take directions of the Court in the matter of the inquiry in a Reference
under Article 317(1) of the Constitution or any Statute or a Reference
made by the Governor under any Statute;<\/li>\r\n
Constitution, and in original suit under Article 131 of the Constitution,
wherever necessary;<\/li>\r\n
Income Tax Act, 1961, for the purpose of assigning the case to a Bench of
not less than three Judges;<\/li>\r\n
the Income Tax Act, 1961, to the Income Tax Appellate Tribunal under the
seal of the Court;<\/li>\r\n
the election of the President and Vice- President under Part-III of the
Presidential and Vice-Presidential Elections Act, 1952;
33
(b) to require the petitioner to deposit a sum of Rs. 50,000\/-, in cash or by
Bank draft either with himself or an officer nominated by him as security
for the payment of all costs that may become payable by the petitioner;
(c) to require an affidavit as regards service of notice on the Secretary to
the Election Commission, the Returning Officer and to the Attorney
General for India to be filed with him within five days of the presentation
of the petition or within such further time, as the Court may allow;
(d) to send a copy of the order made in the election petition to the Central
Government for publication in the official gazette;<\/li>\r\n
list of documents annexed thereto, if, he on examination, finds it to be
correct;<\/li>\r\n
requirements of any of the Rules under Order LV of the Rules and to take
instructions of the Judge in Chambers thereon and communicate the same
to the parties but, if, in his opinion, it is desirable that the application
should be dealt with in open Court, he may direct the applicant to serve
the other party with a notice of motion returnable before the Court;<\/li>\r\n
being preserved permanently under Order LVI of the Rules;
(b) to decide, on a reference being made, the Part under which a record,
which do not fall either under Part I or Part II as classified in the Rules,
should be included;<\/li>\r\n
and warrant of commitment for contempt in Form Nos. II, III and IV
appended to the Rules to Regulate Proceedings for Contempt of the
Supreme Court, 1975;<\/li>\r\n
regards examination of files relating to \u2018Not Ready\u2019 cases and directions
and guidance is given to the subordinate officers\/officials to make them
\u2018Ready\u2019 for being submitted to the Secretary General;<\/li>\r\n
found to be covered under the Public Interest Litigation guidelines;
34<\/li>\r\n
or the Chief Justice.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
(i) Where, in his opinion, a fee ought to be allowed for any matter not provided for in the Rules or a question arises in taxation, he may refer such matter to the Judge in Chambers for orders, wherever he considers it necessary.
(ii) Wherever, at the stage of scrutiny, a question as regards proper court fee is
raised and the document is insufficiently stamped, he shall decide such
question before the document or the proceeding is acted upon in the
Registry.
(iii) Where, during the course of pendency of a suit, appeal or proceedings, if,
on account of mistake or inadvertence, a document which ought to be
stamped in a certain manner has been received and acted upon without it
being stamped or that the court fee paid thereon initially was insufficient,
he, after hearing the party, shall record a declaration to that effect and
determine the amount of deficiency in court fees.
(iv) If the court fee paid is insufficient, he, after hearing the advocate on record or the party in person, as the case may be, shall decide the dispute and, if required, call upon the party concerned to make good the deficiency within a period not exceeding three months in any case.
(v) If, after the conclusion of the proceedings, the deficiency is not made good within three months of the declaration made, he shall forward a requisition for recovery of the deficient court fee to the Central
Government, which shall recover the amount from the person liable to pay as arrear of land revenue.
(vi) He 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.<\/p>\r\n\r\n\r\n\r\n
(1) Application for discovery and inspection.
(2) Application for delivery of interrogatories.
(3) Application for substituted service, or for dispensing with service of notice of the appeal on any of the respondents to the appeal under Rule 7 of Order XIX.
(4) Application for time to plead, for production of documents, and generally relating to the conduct of cause, appeal or matter save those coming under Rule 2 of the Order.
(5) Application for leave to take documents out of the custody of the Court.
(6) Questions arising in connection with the payment of court fees.
(7) Application for the issue of a certificate regarding any excess court fee paid under a mistake.
(8) Application for requisitioning records from the custody of any Court or other authority.
(9) Application for condoning delay in paying deficit court fees.
(10) Application for condonation of delay in filing statement of case, provided that where the Registrar does not think fit to excuse the delay, he shall refer the application to the Court for Orders.
(11) Application for the appointment and for approval of a translator or interpreter.
(12) Application for withdrawal of an appeal by an appellant prior to his lodging the petition of appeal.
(13) Application for production of documents outside Court premises.
(14) Application for payment into Court.
(15) Application for payment out of Court of money or security, or interest or dividend on securities.
(16) Application for extending returnable dates of warrants.
(17) Application for refund of security deposit or part thereof, or for payment out of security deposit.
(18) Application for directions regarding preparation of the record.
36
(19) Application for exemption from filing of certified copies of judgments, decrees, orders, certificates or orders granting certificate: Provided that application for exemption from filing of certified copies of judgments or orders accompanying a special leave petition shall be posted before the Court along with the Special Leave Petition.
(20) Application for condonation of delay in re-filing, provided the delay does not exceed 60 days from the date of notifying the defects.
(21) Application for condonation of delay in filing process fee.
(22) Application for extension of time for filing pleadings, provided that the Registrar shall not grant more than one extension for the purpose exceeding four weeks.
(23) Application for cancellation of date on the written joint request of the appearing parties, provided the matter has not appeared in the final causelist, on the date of filing of application.
(24) Office Report for renewal of Fixed Deposit Receipts and Bank Guarantees, subject to directions otherwise by the Court.
(25) Application for exemption from filing official translation.
(26) Application for exemption from filing process fee and\/or spare copies.
(27) All uncontested Interlocutory Applications of formal nature.
(28) Any matter which in accordance with orders or directions issued by the Court, is required to be dealt with by the Registrar.
(29) Imposing costs on the party in default of compliance of the orders passed by the Registrar.
(30) Pre-final hearing matter to certify that the matter is ready in all respects to list the same before the Court for final hearing.
Note
The Registrar may, and if so directed by the Judge in Chambers, shall, at any time adjourn any matter and lay the same before the Judge in Chambers.<\/p>\r\n\r\n\r\n\r\nCHAPTER VI – ROSTER<\/h2>\r\n\r\n\r\n\r\n
\r\n
CHAPTER VII – WORKING HOURS AND VACATION<\/h2>\r\n\r\n\r\n\r\n
\r\n
summer vacation.<\/li>\r\n\r\n
\r\n
\r\n
\r\n
\r\n
\r\n
CHAPTER VIII ADVOCATE VAKALATNAMA AND MEMO OF APPEARANCE<\/h2>\r\n\r\n\r\n\r\n
\r\n
\r\n
(i) Subject to the provisions of the Rules, an advocate, whose name is entered on the roll of any State Bar Council maintained under the Advocates Act, 1961 (25 of 1961), as amended, shall be entitled to appear before the Court.
Provided that an advocate whose name is entered on the roll of any State Bar Council maintained under the Advocates Act, 1961, for less than one year, shall be entitled to mention cases in Court for the limited purpose of asking for time, date, adjournment and similar such orders, but shall not be entitled to address the Court for the purpose of any effective hearing:
Provided further that the Court may, if it thinks desirable to do so for any reason, permit any person to appear and address the Court in a particular case.
(ii) An advocate, other than a senior advocate, may, on his fulfilling the conditions laid down in Order IV Rule 5 of the Rules, be registered in the Court as an advocate on-record.
III. Senior Advocate
(i) The Chief Justice and the Judges may, with the consent of the advocate, designate an advocate as senior advocate if, in their opinion, by virtue of his ability, standing at the Bar or special knowledge or experience in law, the said advocate deserves such a distinction.
(ii) A senior advocate, on being so designated, shall not appear as senior advocate till he reports to the Registry that parties represented by him earlier as advocate on-record have been informed about his designation as senior advocate and that necessary arrangements have been made for the parties to make appearance before the Court in all the cases represented by him till then.<\/p>\r\n\r\n\r\n\r\n
Note<\/strong>
Every advocate appearing before the Court shall wear such robes and costumes as may, from time to time, be directed by the Court.<\/p>\r\n\r\n\r\n\r\n
(a) Every vakalatnama in any cause, appeal or matter shall be executed by the party:
Provided that a person, other than a party to the cause, appeal or matter, may file vakalatnama on the basis of Power of Attorney but shall annex original Power of Attorney with the vakalatnama.<\/p>\r\n\r\n\r\n\r\n\r\n
CHAPTER IX AFFIDAVITS<\/h2>\r\n\r\n\r\n\r\n
\r\n
\r\n
\r\n
\r\n
\r\n
Form No.31, on demy-foolscap size or standard A4 size paper,
duly filled in by the plaintiff, petitioner, appellant, or by his
advocate on record or by his duly authorized agent, containing
the following information.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
(ii) Case number (to be filled by the Registry);
(iii) Name of the first party on either side;
(iv) Date of filing;
(v) Date of Registration (to be filled by the Registry);
(vi) Subject Matter;
(vii) Provision of law;
(viii) Subject Category Code (as per Annexure);
(ix) Name and State Bar Council Enrolment Number as also
Advocate on-record Registration Number;
(x) Particulars of the High Court, lower Court, Authority or
Tribunal etc.;
a) name,
b) designation,
c) case, file\/order number,
d) date of impugned judgment\/order.
(xi) Whether the party is desirous of getting the matter settled
through any of the alternative modes of dispute resolution;
(xii) Caveat notice, whether received;
(xiii) Name and signature of the advocate on-record filing the
main case.<\/p>\r\n\r\n\r\n\r\n
presented by the plaintiff, petitioner, applicant, appellant, defendant
or respondent in-person or by his duly authorized agent or by an
advocate on-record duly appointed by him for the purpose.<\/p>\r\n\r\n\r\n\r\n
documents, except original exhibits and certified copies of public
documents shall be received unless it is fairly and legibly written,
type-written or lithographed in double-line spacing, on one side of
standard petition paper, demy-foolscap size, or of the size of 29.7
cm x 21 cm, or paper, which is ordinarily used in the High Courts
for the purpose.<\/p>\r\n\r\n\r\n\r\n\r\n
legible without any inter-lining, encircling or unwanted remark on
the documents. They shall be certified to be true copies by the
advocate on-record or by the party in-person, as the case may be.<\/li>\r\n
purpose of any proceedings before the Court, unless it is
accompanied by:
(a) a translation agreed to by both parties; or
(b) a translation certified to be true translation by a translator
appointed by the Court; or
(c) the said document is translated by a translator appointed or
approved and notified by the Court.<\/li>\r\n
headed \u201cIn the Supreme Court of India\u201d.<\/li>\r\n
the cause title under which the main case is filed shall be
mentioned in that order.<\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
opposition, rejoinder affidavit, affidavit or any other document shall
be filed, unless a copy thereof has been previously served on the
advocate on-record, or his registered clerk, of the opposite party or
parties, as the case may be, or party in-person, who has entered
appearance.
The advocate on-record or his registered clerk served with such
copy shall acknowledge the receipt of the same by endorsement on
the filing memo, writing his full name below the signature along
with registration number and phone number.
(ii)(a) A notice of motion shall be instituted in the suit or case in which the
application seeking ad interim ex-parte relief is intended to be made
and shall state the time and place of application and the nature of
the order sought.
53
(b) It shall be addressed to the party or parties intended to be affected
by it, unless represented by an advocate on-record, in which case it
shall be addressed to the advocate on-record.
(c) It shall be signed by the advocate on-record of the party instituting
the motion or by the party in-person.
Note
Where the Court orders filing of an affidavit, a copy of the
affidavit so filed shall be served on the advocate on-record of the
opposite party or his registered clerk or the party in-person, as the
case may be, a week before the date of hearing or within such time,
as may be specified by the Court or Rules or otherwise required in
the given situation:
Provided that where the advocate on-record for the
opposite party or his registered clerk or party in-person refuses
to accept a copy, he may record his reasons for such refusal on
the filing memo.
(iii) No interlocutory application, affidavit in opposition, rejoinder
affidavit, affidavit or document, shall be accepted at the Filing
Counter without such acknowledgement, receipt or endorsement
and no undertaking to effect the service later shall be entertained.<\/p>\r\n\r\n\r\n\r\n