Supreme Court Rules 2013 - Order VI | Order 6

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order VI

Constitution Of Division Courts And Powers of a Single Judge

1. Subject to the other provisions of these rules every cause, appeal or matter shall be heard by a Bench consisting of not less than two Judges nominated by the Chief Justice.

[Provided that the following categories of matters may be heard and disposed of finally by a Judge sitting singly nominated by the Chief Justice:

(i) Special leave petitions arising out of grant, dismissal or rejection of Bail Application or Anticipatory Bail Application in the matters filed against the order passed under section 437, section 438 or section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) involving the offences punishable with sentence up to seven years imprisonment;

(ii) Applications for transfer of cases under section 406 of the Code of Criminal Procedure, 1973 (2 of 1974);

(iii) Application of an urgent nature for transfer of cases under section 25 of the Code of Civil Procedure, 1908 (5 of 1908);

(iv) Any other category of cases notified by the Chief Justice from time to time, which may be heard and disposed of finally by a Judge sitting singly nominated by him.]

2. Where in the course of the hearing of any cause, appeal or other proceeding, the Bench considers that the matter should be dealt with by a larger Bench, it shall refer the matter to the Chief Justice, who shall thereupon constitute such a Bench for the hearing of it.

3. 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.

4. 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 matter to the Chief Justice who shall thereupon constitute a Bench of not less than three Judges for hearing it.

5. The Chief Justice may from time to time appoint a Judge to hear and dispose of all applications which may be heard by a Judge in Chambers under these rules.

6. During the vacation, the Vacation Judge sitting singly may, in addition to exercising all the powers of a Judge in Chambers under these rules, exercise the powers of the Court in relation to the following matters, namely: -

(1) 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.

(2) Applications for stay of execution of a decree or order or stay of proceedings in civil matters.

(3) Applications for transfer of cases under section 406 of the Code of Criminal Procedure, 1973 (2 of 1974).

(4) Applications for stay of proceedings in criminal matters.

(5) Applications under article 32 of the Constitution of an urgent nature which do not involve a substantial question of law as to the interpretation of the Constitution.

(6) 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.

(7) Applications of an urgent nature for transfer of cases under section 25 of the Code of Civil Procedure, 1908 (5 of 1908).

(8) Issue of notice in applications of an urgent nature under Article 139A(1) of the Constitution; and

(9) Applications of an urgent nature for transfer of cases under Article 139A(2) of the Constitution.

Supreme Court Rules 1966: 

ORDER VI

BUSINESS IN CHAMBERS

1. The powers of the Court in relation to the following matters may be exercised

by the Registrar, namely:-

(1) Applications for discovery and inspection.

(2) Applications for delivery of interrogatories.

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THE SUPREME COURT RULES, 1966

(3) Applications for substituted service, or for dispensing with service of

notice of the appeal on any of the respondents to the appeal under

rule 10 of Order XV.

(4) Applications 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 this Order.

(5) Applications for leave to take documents out of the custody of

the Court.

(6) Questions arising in connection with the payment of court-fees

(7) Applications by third parties for return of documents.

(8) Applications for grant of copies of records to third parties

(9) Applications for the issue of a certificate regarding any excess courtfee paid under a mistake.

(10) Applications for requisitioning records from the custody of any Court

or other authority.

(11) Applications for condoning delay in paying deficit court-fees or delay

in representation.

1

[(12) Applications 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.]

(13) Applications for appointment and for approval of a translator or

interpreter.

(14) Applications for withdrawal of appeal by an appellant prior to

his lodging the petition of appeal.

(15) Applications for substitution, except where the substitution would

involve setting aside an abatement.

1. Deleted by G.S.R. 466, dated 22nd June, 1983 (w.e.f. 2-7-1983), and Ins. by G.S.R. 407,

dated 9th December, 1997 (w.e.f. 20-12-1997).

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THE SUPREME COURT RULES, 1966

(16) Applications for production of documents outside Court premises.

(17) Applications for change or discharge of advocate on record.

(18) Applications to withdraw suits.

(19) Applications for payment into Court.

(20) Applications for payment out of Court of money or security, or

interest or dividend on securities.

(21) Applications for extending returnable dates of warrants.

(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.

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[(23) Application for refund of security deposit or part thereof, or for

payment out of security deposit.]

2

[* * *]

3

[(25) Applications for consolidation of appeals and writ petitions for

purposes hearing, and preparation of record.]

4

[(26) Applications for directions regarding preparation of record.]

5

[(27) Applications for exemption from filing of certified copies of

judgments, decrees, orders, certificates or orders granting

certificate:]

Provided that applications for exemption from filing of certified copies

1. Deleted by G.S.R. 466, dated 22nd June, 1983 (w.e.f. 2-7-1983) and Ins. by G.S.R. 407,

dated 9th December, 1997 (w.e.f. 20-12-1997).

2. Deleted by G.S.R. 466, dated 22nd June, 1983 (w.e.f 2-7-1983).

3. lns. by G.S.R. 387, dated 13th March, 1978 (w.e.f. 18-3-78).

4 . Subs. by G.S.R. 466, dated 22nd June, 1983 (w.e.f. 2-7-1983).

5. lns. by G.S.R. 387, dated 13th March, 1978 (w.e.f. 18-3-78) and amended by G.S.R. 1024,

dated 9th August, 1978 (w.e.f. 19-8-1978).

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THE SUPREME COURT RULES, 1966

of judgments or orders accompanying a special leave petition shall be posted before

the Court along with the Special Leave Petition.

1

[(28) Application for condonation of delay in re-filing, provided the delay

does not exceed 90 days from the date of notifying the defects.

(29) Application for condonation of delay in filing process fee.

(30) Issue of fresh summons and notices.

(31) Application for extension of time for filing pleadings, provided that

the Registrar shall not grant more than two extensions for the same

purpose.

(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.

(33) Application for amendment of pleadings with the consent of all the

appearing parties, or where the other side has not appeared.

(34) Office Report for renewal of Fixed Deposit Receipts and Bank

Guarantees.

(35) Application for exemption from filing official translation.

(36) Application for exemption from filing process fee and/or spare

copies.

(37) All uncontested Interlocutory Applications of formal nature.

(38) Any matter which in accordance with orders or directions issued

by the Court, is required to be dealt with by the Registrar.

(39) Imposing costs on the party in default of compliance of the orders

passed by the Registrar.]

2. The powers of the Court in relation to the following matters may be

exercised by a Single Judge sitting in Chambers, namely:-

2. Ins. by G.S.R. 127(E), dated 22nd February, 2006 (w.e.f. 1-3-2006).

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THE SUPREME COURT RULES, 1966

(1) Applications by advocate on record for leave to withdraw.

(2) Applications for leave to compromise or discontinue an appeal

1

[where permission was granted to sue as an indigent person].

(3) Applications for striking out or adding party or for intervention in a

suit, appeal or other proceeding.

(4) Applications for separate trials of causes of action.

(5) Applications for separate trials to avoid embarrassment.

(6) Rejection of plaint.

(7) Applications for setting down for judgment in default of written

statement.

(8) Applications for better statement of claim or defence.

(9) Applications for particulars.

(10) Applications for striking out any matter in a pleading.

(11) Applications for amendment of pleading and for enlargement of time

to amend any pleading.

(12) Applications to tax bills returned by the Taxing Officer.

(13) Applications for review of taxation.

2

[(14) Applications for enlargement or abridgement of time except applications

for condonation of delay in filing Special Leave Petitions.]

(15) Applications for issue of commissions.

1. Subs. by G.S.R. 994, dated 8th December, 1982 (w.e.f. 25-12-1982).

2. Subs. by G.S.R. 127(E), dated 22nd February, 2006 (w.e.f. 1-3-2006).

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THE SUPREME COURT RULES, 1966

1

[***]

(17) Applications for assignment of security Bonds.

(18) Questions arising in taxation referred by the Taxing Officer.

(19) Applications for orders against clients for payment of costs.

(20) Applications for taxation and delivery of bill of costs and for delivery

by an advocate of documents and papers.

(21) Applications for registration of advocates as advocates on record.

(22) Applications for leave to proceed 2

[as an indigent person.]

(23) Applications for grant of bail where the petitioner is confined in jail.

(24) Applications for stay of execution of a sentence or order in criminal

proceedings.

(25) Applications by accused persons in custody for being produced

before the Court at the hearing of the appeal.

(26) Consent applications in interlocutory matters.

(27) Applications by accused persons for engagement of advocate

under rule 25 of Order XXI.

(28) Fixing the remuneration of a guardian ad litem.

1

[***]

1

[***]

3

[(31) Summons for non-prosecution under OrderXV, Rule 30 of Supreme

Court Rules.

1. Deleted by G.S.R. 466, dated 22nd June, 1983 (w.e.f. 2-7-1983).

2. Subs. by G.S.R. 994, dated 8th December, 1982 (w.e.f. 25-12-1982).

3. Item 31 omitted by G.S.R. 410, dated 26th February, 1968 (w.e.f. 26.2.1968) and Item 31-

38 Ins. by G.S.R. 127(E), dated 22nd February, 2006 (w.e.f. 1-3-2006).

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THE SUPREME COURT RULES, 1966

(32) Office Report on default.

(33) Application for exemption from paying court fee.

(34) Application for condonation of delay in seeking substitution and

application for substitution where it would involve setting aside

an abatement.

(35) Application for condonation of delay in re-filing where the delay

exceeds 90 days from the date of notifying the defects.

(36) Application for refund of security.

(37) Application for withdrawal of any appeal/petition with the consent

of all the appearing parties or where the other side has not appeared.

(38) Application for exemption from surrendering.]

3. Any person aggrieved by any order made by the Registrar under this Order

may, within fifteen days of the making of such order, appeal against it to the Judge

in Chambers.

4. 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, and

the Judge in Chambers may at any time adjourn any matter and lay the same before

the Court