Supreme Court Rules 2013 - Order XIV | Order 14

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order XIV

Payment Into And Out Of Court Of Suitors' Funds

1. Unless otherwise ordered, all moneys directed to be paid into this Court to the credit of any suit, appeal or other proceeding, shall be paid into the UCO Bank, Supreme Court Compound, New Delhi (or any other Nationalised Bank(s), as may be directed by the Chief Justice from time to time) (hereinafter referred to as 'the Bank'), into an account entitled 'Government A/c-P-Deposits and Advances-II Deposits Not Bearing Int.-(C) other Deposits A/cs.-Deptl. and Judicial Deposits-Civil Deposits-Civil Court Deposits'.

2. Notwithstanding anything contained in rule 3, rule 4 or rule 5 the Registrar may, in appropriate cases, authorise the acceptance of moneys by demand drafts, banker's cheques or pay orders issued in favour of the Registrar and payable in Delhi or New Delhi by a Nationalised/Scheduled Bank, and direct that the said amount be deposited with the Bank, as provided by rule 1. On encashment, the date of tender in such cases shall be deemed to be the date on which the demand draft, banker's cheque or pay order is presented for encashment: Provided that such tender by demand draft, banker's cheque or pay order is made a day prior to the due date.

3. Any person ordered to pay money into Court shall present a lodgement schedule in the prescribed form to the Branch Officer of the Accounts Branch of the Registry for the issue of a challan to enable him to make the payment into the Bank. The lodgment schedule shall be accompanied by a copy of the order directing the payment or shall bear a certificate from the Registrar endorsed thereon as to the amount to be paid and the time within which the payment is to be made.

4. On presentation of the lodgment schedule, a challan, in duplicate in the prescribed form, specifying the amount to be paid and the date within which it should be paid, but in no case exceeding ten days from the date of issue of the challan, shall be issued by the Branch Officer, Accounts Branch, to the party directed to make the payment, who shall thereupon present the same at the Bank and make the payment. The Bank shall, on receiving payment, retain one copy of the Challan and return the other copy, duly signed and dated acknowledging the receipt of the money, to the person making the payment. The Bank shall not accept the payment if the amount is tendered beyond the date mentioned in the challan as the last date for payment.

5. On production of the copy of the challan duly signed and acknowledged by the bank as aforesaid, the person making the payment shall be given credit in the books maintained by the Accounts Branch of the Registry for the amount paid into the Bank, and a receipt signed by the Registrar shall be issued to him and the said challan shall be retained in the Branch.

6. The Branch Officer of the Accounts Branch shall keep a register causewise of all money, effects and securities of the suitors of the Court, which shall be ordered to be paid or delivered into or out of the Court. The purpose for which the deposit is made and the orders of attachment received, if any, of the funds, shall be duly entered in the register. No money shall be paid out of the funds in Court without an order of the Court.

7. Where a party seeks payment out of any moneys in Court he shall present an application to the Court for an order for payment. The application shall be accompanied by a Certificate of Funds signed by the Registrar showing the amount, if any, standing to the credit of the suit, appeal or other proceeding from which payment out is sought and the claims and attachments, if any, subsisting thereon on the date of the certificate.

8. Upon an order being made for payment out, the party in whose favour the order is made shall apply to the Registrar for payment to him in accordance with the said order. The Registrar shall thereupon issue an order for payment in the prescribed form for the amount to be paid in favour of the party entitled to payment. The payment order shall be endorsed at the same time on the original challan received from the Bank. The payment order together with the challan duly endorsed for payment shall be handed over to the party entitled to payment who shall present the same to the Pay and Accounts Officer, Supreme Court of India, New Delhi and obtain payment. Where however the entire amount of the challan or the entire balance remaining unpaid thereunder is not to be paid out to the party, the original challan shall not be handed over to him, but only a copy thereof endorsed for payment shall be given to him for presentation to the Pay and Accounts Officer, Supreme Court of India, New Delhi, the original challan being retained in the Accounts Branch until the funds are fully paid out.

9. Where a party seeks payment of the monies or securities paid to the Registrar or deposited with him, a commission will be recovered from it at the rate of one per cent and two per cent respectively on the principal amount and the interest drawn on the invested money:

Provided that the maximum commission payable shall not exceed Rs. 15,000/-.

10. The Branch Officer, Accounts Branch, shall check and tally the accounts maintained in the Branch every month with the monthly statements of receipts and payments to be received from the Pay and Accounts Officer, Supreme Court of India, New Delhi and the Registrar shall certify under his signature every month that the accounts have been duly checked and tallied.

11. Fees relating to the registration of Advocate-on-Record shall be paid into the Bank, to the credit of an account entitled 'XXI-Administration of Justice Receipts of the Supreme Court'.

12. Fees of Rs. 100/- shall be payable for registering a clerk of an Advocate or a firm of Advocates.

13. Fees of Rs. 50/- shall be payable on requisition for issue of an identity card in substitution of one that is lost or damaged.

14. Where a party seeks photograph copies or copies of maps filed in any matter he will be liable to pay the actual charges to be incurred for the same (to be deposited in cash).

Supreme Court Rules 1966: 

ORDER XIV

PAYMENT INTO AND OUT OF COURT OF SUITORS’ FUNDS

1. Unless otherwise ordered, all moneys directed to be paid into this Court

to the credit of any suit, appeal or other proceeding, shall be paid into the 1

[United

Commercial Bank, Supreme Court Compound, New Delhi] (hereinafter referred

to as the Bank), into an account entitled ‘Government A/c-P-Deposits and

Advances-II Deposits Not Bearing Int.-(C) other Deposits A/cs.-Deptl. and Judicial

Deposits-Civil Deposits-Civil Court Deposits’.

2. Notwithstanding anything contained in rule 3, rule 4 or rule 5 the Registrar

may, in appropriate cases, authorise the acceptance of moneys by demand drafts

issued in favour of the Registrar and payable in Delhi or New Delhi by a Scheduled

Bank, and direct that the said amount be deposited with the 1

[United Commercial

Bank, Supreme Court Compound] as provided by rule 1. On encashment, the

date of tender in such cases shall be deemed to be the date on which the demand

draft is presented for encashment:

Provided that such tender by demand draft is made a day prior to the due

date.

3. Any person ordered to pay money into Court shall present a lodgement

schedule in the prescribed form to the Section Officer of the Accounts Section of

the Registry for the issue of a challan to enable him to make the payment into the

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

37

THE SUPREME COURT RULES, 1966

Bank. The lodgment schedule shall be accompanied by a copy of the order

directing the payment or shall bear a certificate from the Registrar endorsed thereon

as to the amount to be paid and the time within which the payment is to be made.

4. On presentation of the lodgment schedule, a challan, in duplicate in the

prescribed form, specifying the amount to be paid and the date within which it

should be paid, but in no case exceeding ten days from the date of issue of the

challan, shall be issued by the Section Officer, Accounts Section, to the party

directed to make the payment, who shall thereupon present the same at the Bank

and make the payment. The Bank shall, on receiving payment, retain one copy of

the Challan and return the other copy, duly signed and dated acknowledging the

receipt of the money, to the person making the payment. The Bank shall not accept

the payment if the amount is tendered beyond the date mentioned in the challan

as the last date for payment.

5. On production of the copy of the challan duly signed and acknowledged

by the bank as aforesaid, the person making the payment shall be given credit in

the books maintained by the Accounts Section of the Registry for the amount paid

into the Bank, and a receipt signed by the Registrar shall be issued to him and the

said challan shall be retained in the Section.

6. The Section Officer of the Accounts Section shall keep a register causewise of all money, effects and securities of the suitors of the Court, which shall be

ordered to be paid or delivered into or out of the Court. The purpose for which

the deposit is made and the orders of attachment received, if any, of the funds,

shall be duly entered in the register. No money shall be paid out of the funds in

Court without an order of the Court.

7. Where a party seeks payment out of any moneys in Court he shall present

an application to the Court for an order for payment. The application shall be

accompanied by a Certificate of Funds signed by the Registrar showing the amount,

if any, standing to the credit of the suit, appeal or other proceeding from which

payment out is sought and the claims and attachments, if any, subsisting thereon on

the date of the certificate.

8. Upon an order being made for payment out, the party in whose favour the

order is made shall apply to the Registrar for payment to him in accordance with

the said order. The Registrar shall thereupon issue an order for payment in the

prescribed form for the amount to be paid in favour of the party entitled to

38

THE SUPREME COURT RULES, 1966

payment. The payment order shall be endorsed at the same time on the original

challan received from the Bank. The payment order together with the challan duly

endorsed for payment shall be handed over to the party entitled to payment who

shall present the same 1

[to the Pay and Accounts Officer, Supreme Court of India,

New Delhi] and obtain payment. Where however the entire amount of the challan

or the entire balance remaining unpaid thereunder is not to be paid out to the party,

the original challan shall not be handed over to him, but only a copy thereof

endorsed for payment shall be given to him for presentation 1

[to the Pay and

Accounts Officer, Supreme Court of India, New Delhi], the original challan being

retained in the Accounts Section until the funds are fully paid out.

9. The Section Officer, Accounts Section, shall check and tally the accounts

maintained in the Section every month with the monthly statements of receipts and

payments to be received from the 1

[Pay and Accounts Officer, Supreme Court of

India, New Delhi] and the Registrar shall certify under his signature every month

that the accounts have been duly checked and tallied.

10. 1

[Fees relating to the registration of Advocate-on-Record shall be paid

into the United Commercial Bank, Supreme Court Compound, New Delhi, to the

credit of an account entitled ‘XXI-Administration of Justice Receipts of the Supreme

Court’]