Supreme Court Rules 2013 - Order XLVIII | Order 48

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 


Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले


Supreme Court Rules 2013: 

Order XLVIII


Curative Petition


1. Curative Petitions shall be governed by Judgment of the Court dated 10th April, 2002 delivered in the case of 'Rupa Ashok Hurrah v. Ashok Hurrah and Ors.' in Writ Petition (C) No. 509 of 1997.

2. (1) The petitioner, in the curative petition, shall aver specifically that the grounds mentioned therein had been taken in the Review Petition and that it was dismissed by circulation.

(2) A Curative Petition shall be accompanied by a certificate of the Senior Advocate that the petition meets the requirements delineated in the above case.


(3) A curative petition shall be accompanied by a certificate of the Advocate on Record to the effect that it is the first curative petition in the impugned matter.


3. The Curative Petition shall be filed within reasonable time from the date of Judgment or Order passed in the Review Petition.

4. (1) The curative petition shall be first circulated to a Bench of the three senior-most judges and the judges who passed the judgment complained of, if available.

(2) Unless otherwise ordered by the Court, a curative petition shall be disposed of by circulation without any oral arguments but the petitioner may supplement his petition by additional written arguments.


(3) If the Bench before which a curative 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.


(4) If the Court, at any stage, comes to the conclusion that the petition is without any merit and vexatious, it may impose exemplary costs on the petitioner.



Supreme Court Rules 1966: 

ORDER XLVIII

DESTRUCTION OF RECORDS

1. There shall be an index of the records in every case in the form prescribed

below -

Index of Papers

in

Civil Appeal No.____________________ of ________________

(or Criminal Appeal No.______________ or Petition No. _______

or Suit No.__________________ )

Cause Title

Serial No. Date of filing Description No. of the Remarks

the paper in of paper part to which

the record it belongs

2. The record in each case shall be divided into two parts, Part I to be

preserved permanently and Part II to be preserved for a period of not less than

three and not more than six years as hereinafter provided.

3. Each paper as and when it is filed in the record shall be numbered and

entered in the Index and classified in such manner as the Registrar may direct under

the appropriate Part to which it belongs.

121

THE SUPREME COURT RULES, 1966

4. The period for which any particular record is to be preserved shall be

reckoned from the date of the final decree or order in the proceeding to which the

record belongs, and in case an application for a review is filed against the decree

or order, from the date of the final decree or order made on review. In the case of

registers, the period shall be reckoned from the date of the last entry in the register.

1

[4(A). All papers forming the record relating to admission matters like petitions

for special leave to appeal, writ petitions for preliminary hearing and such like matters

may not be retained in the Registry beyond one year of their dismissal in limine.

Only the Index of documents filed and the order disposing of the petitions in limine

may be preserved permanently and the rest of the papers discarded and destroyed

in the manner indicated in Rule 7 supra.]

5. The Registrar may direct that any paper assigned to Part II be

transferred to Part I for being preserved permanently.

6. Records which do not fall under Part I or Part II as classified below

shall be referred to the Registrar who shall decide the part under which they should

be included.

2

[7.When any record is ripe for destruction, it shall be effectively shredded

and the shredded strips may be disposed of as waste and the sale proceeds

shall be credited to the Central Government.]

3

[* * *]

9. As soon as a record is destroyed, a note shall be made in the Index

against the record showing that it has been destroyed and the date of destruction.

1. Ins. by G.S.R. 409, dated 3rd July, 1990 (w.e.f. 7-7-1990)

2. Subs. by G.S.R. 409, dated 3rd July, 1990 (w.e.f. 7-7-1990)

3. Rule 8 deleted by G.S.R. 409, dated 3rd July, 1990 (w.e.f. 7-7-1990)

122

THE SUPREME COURT RULES, 1966

PART I

The following papers shall be included under Part I (to be preserved

permanently):-

1. Index.

2. Judgment

3. Decree or Order

1

[ * * *]

5. Pleadings (Plaint, written statement, set off and counter claim).

1

[* * *]

7. Petition of appeal.

2

[8. Statement of Case.]

3

[9. Original petitions including admitted special leave petitions and Article

32 petitions without annexures.]

1

[* * *]

12. Reference received under article 143.

13. Reference received under article 317(1).

14. Memorandum of compromise, award of arbitrators, which results in

a decree.

1. Item 4, 6, 10, and 11 deleted by G.S.R. 409, dated 3rd July, 1990 (w.e.f. 7-7-1990).

2. Item 8 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).

3. Item 9 amended by G.S.R. 409, dated 3rd July, 1990 (w.e.f. 7-7-1990).

123

THE SUPREME COURT RULES, 1966

1

[15. Title deeds/securities or other valuable documents, if any, remaining

unclaimed by any party within 3 years of disposal of the connected

matter may be returned to the concerned High Courts, Tribunals,

Registrars or other bodies if the same can be identified. If the

documents are not claimed within 3 years of the disposal of the matter

in which the records were presented directly in this Court or were

received from forums below and the Registry shall have no

responsibility for the upkeep thereof beyond that period:

Provided, however, that one final opportunity shall be afforded

by the Registry to the party concerned for claiming the documents

by publishing the fact of the intention to destroy the document, in the

Notice Board of the Court after the expiry of the period of 3 years.]

1

[16. Such papers in cases of historical, sociological, scientific or archival

value, as in the opinion of the Court or the Registrar should be

permanently preserved.]

REGISTERS

2

[***]

2. Registers of Suits, Civil and Criminal appeal petitions under article

32, special leave petitions, special references and miscellaneous

petitions.

3

[* * *]

4. Rolls of advocates and enrolment files.

1. Items 15 and 16 Subs. by G.S.R. 409, dated 3rd July, 1990 (w.e.f. 7-7-1990).

2. Item 1 transposed as Item 13 in Part II by G.S.R.409, dated 3rd July, 1990 (w.e.f.7.7.1990)

3. Item 3 Deleted by G.S.R. 409, dated 3rd July, 1990 (w.e.f. 7-7-1990)

124

THE SUPREME COURT RULES, 1966

PART II

The following papers shall be included in Part II and shall be destroyed after

the period indicated below:-

1. Appearance, power of attorney and Vakalatnama. 1

[One year]

2. Affidavits. 1

[One year]

3. Taxation files including bills of costs.

4. Register of bills of costs. 1

[One year]

5. Despatch register. 1

[One year]

2

[6. Applications for condonation of delay and 1

[One year]

such other formal applications

7. Correspondence in cases. 1

[One year]

8. Unclaimed documents filed by parties other than

title deeds. 1

[One year]

9. Office notes in the case files. 1

[One year]

10. Copies of summons and notices. 1

[One year]

11. Copying register.] 1

[One year]

2

[12. Surplus copies of printed records, and of One Year]

pleading and petitions.]

3

[13. Minutes Book of the Judge to be destroyed [One Year]

by burning on the laying down of office by

the Judge unless the Judge desires to retain

them in his personal custody.

1. Subs. by G.S.R. 409, dated 3rd July, 1990(w.e.f. 7-7-1990)

2. Item 7 to 12 renumbered as Item 6 to 11 and Item 12 added by G.S.R. 995, dated 8th

December, 1982 (w.e.f. 25-12-1982).

3. Ins. by G.S.R. 409, dated 3rd July, 1990 (w.e.f. 7-7-1990)

125

THE SUPREME COURT RULES, 1966

1

[PART III

Destruction of records shall be done in accordance with the provisions of Rule

7 infra.]

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