Supreme Court Rules 2013 - Order I | Order One SCR 2013

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 


Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले


Supreme Court Rules 2013: 


Order I


Interpretation, Etc.


1.(1) These rules may be cited as the Supreme Court Rules, 2013.

(2) They shall come into force on such date as the Chief Justice of India may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of these rules:


2.(1) In these rules, unless the context otherwise requires -

(a) 'advocate' 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);


(b) 'advocate-on-record' means an advocate who is entitled under these rules to act as well as to plead for a party in the Court;


(c) 'appointed day' means the date on which these rules shall come into force;


(d) 'Chief Justice' 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;


(e) 'Code' 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;


(f) 'Constitution' means the Constitution of India;


(g) 'Court' and 'this Court' means the Supreme Court of India;


(h) 'Court appealed from' includes a Tribunal or any other judicial body from which an appeal is preferred to the Court;


(i) High Court' means-


(i) 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


(ii) as respects anything done or to be done after the commencement of the Constitution, a High Court established by or recognized under the Constitution;


(j) 'Judge' means a Judge of the Court;


(k) 'judgment' includes decree, order, sentence or determination of any Court, Tribunal, Judge or Judicial Officer;


(l) 'prescribed' means prescribed by or under these rules;


(m) 'record' in Part II of these 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;


(n) (i) 'Secretary General' means the Secretary General of the Court.


(ii) 'Registrar' means the Registrar of the Court and shall include Additional Registrar of the Court.


(iii) 'Registry' means the Registry of the Court.


(o) 'respondent' includes an intervener;


(p) 'the rules' and 'rules of Court' means these rules and include the forms appended to these rules;


(q) 'Senior advocate' means any advocate so designated under sub-section (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;


(r) 'Taxing Officer' means the Officer of the Court whose duty is to tax costs of proceedings in the Court.


(2) The General Clauses Act, 1897 (10 of 1897), shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.


3. Where, by these rules or by any order of the Court any step is required to be taken in connection with any cause, appeal, or matter before the Court, that step shall, unless the context otherwise requires, be taken in the Registry.

4. Where any particular number of days is prescribed by these rules, or is fixed by an order of the Court, in computing the same, the day from which the said period is to be reckoned shall be excluded, and, if the last day expires on a day when the Court is closed, that day and any succeeding days on which Court remains closed shall also be excluded.



Supreme Court Rules 1966: 


ORDER I

INTERPRETATION, ETC.

1. (1) These rules may be cited as the Supreme Court Rules, 1966.

(2) They shall come into force on such date as the Chief Justice of India may,

by notification in the Official Gazette, appoint and different dates may be appointed

for different provisions of these rules:

Provided that proceedings pending in the Supreme Court or any High Court

in relation to appeals by virtue of certificates granted under Article 132(1), Article

133(1) or Article 135 of the Constitution shall unless otherwise ordered by this

Court, be governed by the rules in force prior to the appointed date, and all steps

therein shall continue to be taken in accordance with the said rules.

2. (1) In these rules, unless the context otherwise requires -

2

[(a) ‘advocate’ 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);]

(b) ‘advocate on record’ means an advocate who is entitled under

these rules to act as well as to plead for a party in the Court;

(c) ‘appointed day’ means the date on which these rules shall come

into force;

2

THE SUPREME COURT RULES, 1966

(d) ‘Chief Justice’ 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;

(e) ‘Code’ means the Code of Civil Procedure, 1908 (5 of 1908);

(f) ‘Constitution’ means the Constitution of India;

(g) ‘Court’ and ‘this Court’ means the Supreme Court of India;

(h) ‘Court appealed from’includes a Tribunal or any other judicial body

from which an appeal is preferred to the Court;

(i) ‘High Court’ means-

(i) 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

(ii) as respects anything done or to be done after the

commencement of the Constitution, a High Court established

by or recognised under the Constitution;

(j) ‘Judge’ means a Judge of the Court;

(k) ‘judgment’includes decree, order, sentence or determination of any

Court, Tribunal, Judge or Judicial Officer;

(l) ‘prescribed’ means prescribed by or under these rules;

(m) ‘record’ in Part II of these 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;

(n) ‘Registrar’and ‘Registry’mean respectively the Registrar and Registry

of the Court;

(o) ‘respondent’ includes an intervener;

(p) ‘the rules’ and ‘rules of Court’ means these rules and include the

forms appended to these rules;

3

THE SUPREME COURT RULES, 1966

(q) ‘Senior advocate’ 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;

(r) ‘Taxing Officer’ means the Officer of the Court whose duty is

to tax costs of proceedings in the Court.

(2) The General Clauses Act, 1897 (10 of 1897), shall apply for the

interpretation of these rules as it applies for the interpretation of an Act of

Parliament.

3. Where, by these rules or by any order of the Court any step is required

to be taken in connection with any cause, appeal, or matter before the Court,

that step shall, unless the context otherwise requires, be taken in the Registry.

4. Where any particular number of days is prescribed by these rules, or

is fixed by an order of the Court, in computing the same, the day from which

the said period is to be reckoned shall be excluded, and, if the last day expires

on a day when the Court is closed, that day and any succeeding days on which

Court remains closed shall also be excluded

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