Supreme Court Rules 2013 - Order XXI | Order 21

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Provisions Regarding Special Leave Petitions Under

Article 136 of The Constitution

Order XXI

Special Leave Petitions (Civil)

1. Where certificate of fitness to appeal to the Court was refused in a case by the High Court, a petition for special leave to appeal to the Court shall, subject to the provisions of sections 4, 5,12 and 14 of the Limitation Act, 1963 (36 of 1963), be lodged in the Court within sixty days from the date of the order of refusal and in any other case within ninety days from the date of the Judgment or Order sought to be appealed from:

Provided that where an application for leave to appeal to the High Court from the Judgment of a single Judge of that Court has been made and refused, in computing the period of limitation in that case under this rule, the period from the making of that application and the rejection thereof shall also be excluded.

Explanation.- For purposes of this rule, the expression 'order of refusal' means the order refusing to grant the certificate under article 134A of the Constitution being a certificate of the nature referred to in article 132 or article 133 of the Constitution on merits and shall not include an order rejecting the application on the ground of limitation or on the ground that such an application is not maintainable.

2. Where the period of limitation is claimed from the date of the refusal of a certificate under article 134A of the Constitution, being a certificate of the nature referred to in article 132 or article 133 of the Constitution, it shall not be necessary to file the order refusing the certificate, but the petition for special leave shall be accompanied by an affidavit stating the date of the Judgment sought to be appealed from, the date on which the application for a certificate of fitness to appeal to the Court was made to the High Court, the date of the order refusing the certificate, and the ground or grounds on which the certificate was refused and in particular whether the application for the certificate was dismissed as being out of time.

3. (1) (a) The petition for seeking special leave to appeal (SLP) filed before the Court, under Article 136 of the Constitution shall be in Form No. 28 appended to the rules. No separate application for interim relief need be filed. Interim prayer if any should be incorporated in Form No. 28.

(b) Alongwith the petition, list of dates in chronological order with relevant material facts or events pertaining to each of the dates shall be furnished.

(c) SLPs shall be confined only to the pleadings before the Court/Tribunal whose order is challenged. However, the petitioner may, with due notice to the respondent, and with leave of the Court urge additional grounds, at the time of hearing.

(d) (i) The petitioner may produce copies of such petition/documents which are part of the record in the case before the Court/Tribunal below if and to the extent necessary to answer, the question of law arising for consideration in the petition or to make out the grounds urged in the SLP, as Annexures to the petition-numbering them as Annexure 1, 2, 3 and so on. The documents filed as annexures shall be arranged in chronological order. The documents shall not be indexed collectively and each document shall be indexed separately. The Petition, where it refers to annexures with annexure number, shall also indicate the page no(s).

(ii) If the petitioner wants to produce any document which was not part of the records in the Court below he shall make a separate application stating the reasons for not producing it in the Court/Tribunal below and the necessity for its production in the Court and seek leave of the Court for producing such additional documents.

(iii) The English version of [relevant provisions of the State Acts, and Ordinances], rules, regulations, bye laws, orders, etc. referred to in the impugned judgment or order shall be filed as Appendix to the Special Leave Petition.

(e) Every petition shall be supported by the affidavit of the petitioners or one of the petitioners as the case may be or by any person authorised by the petitioner in which the deponent shall state that the facts stated in the petition are true and the statement of dates and facts furnished along with the SLP are true to his knowledge and/or information and belief.

(f) The papers of the SLP shall be arranged in the following order:

(i) List of dates in terms of clause (b) of sub-rule (1).

(ii) Certified copies of the judgment and order against which the leave to appeal is sought for.

(iii) The special leave petition in the prescribed Form No. 28.

(iv) Appendix containing relevant provisions of the Constitution, statutes, ordinances, rules, regulations, bye laws, orders, etc.

(v) Annexures, if any, filed alongwith the SLP, giving the page number(s).

(g) If notice is ordered on the special leave petition, the petitioner should take steps to serve the notice on the respondent:

Provided that in the case of a special leave petition against an interlocutory order or in any proceeding pending in the Court below, the notice may be served on the advocate appearing for the party in the Court/Tribunal before whom the matter is pending.

(2) No petition shall be entertained by the Registry unless it contains a statement as to whether the petitioner had filed any petition for special leave to appeal against the impugned Judgment or order earlier and if so, with what result, duly supported by an affidavit of the petitioner or his Pairokar only.

(3) The Court shall, if it finds that the petitioner has not disclosed the fact of filing a similar petition earlier and its dismissal by this Court, dismiss the second petition if it is pending or, if special leave has already been granted therein, revoke the same.

(4) The petition shall also contain a statement as to whether the matter was contested in the Court appealed from and if so, the full name and address of all the contesting parties shall be given in the statement of facts in the petition.

(5) The Special Leave Petition shall also contain a statement as to whether a letters patent appeal or writ appeal lies against the impugned judgment or order and whether the said remedy has been availed.

4. The petition shall be accompanied by-

(i) a certified copy of the Judgment or order appealed from; and

(ii) an affidavit in support of the statement of facts contained in the petition.

5. No annexures to the petition shall be accepted unless such annexures are certified copies of documents which have formed part of the record of the case in the Court sought to be appealed from; provided that uncertified copies of documents may be accepted as annexures if such copies are affirmed to be true copies upon affidavit.

[6. The petitioner shall initially file only one spare set of the petition and of the accompanying papers and when the matter is re-filed after removing the defects, the Advocates-On-Record or Parties appearing-in-person shall submit at least three sets of paper books along with set of original papers, with the declaration that the paper books are complete in all respects.]

7. Where any person is sought to be impleaded in the petition as the legal representative of any party to the proceedings in the Court below, the petition shall contain a prayer for bringing on record such person as the legal representative and shall be supported by an affidavit setting out the facts showing him to be the proper person to be entered on the record as such legal representative.

8. Where at any time between the filing of the petition for special leave to appeal and the hearing thereof the record becomes defective by reason of the death or change of status of a party to the appeal or for any other reason, an application shall be made to the Court stating who is the proper person to be substituted or entered on the record in place of or in addition to the party on record. Provisions contained in rule 30 of Order XIX shall apply to the hearing of such applications.

9. (1) Unless a caveat as prescribed by rule 2 of Order XV has been lodged by the other parties, who appeared in the Court below, petitions for grant of special leave shall be put up for hearing ex-parte, but the Court, if it thinks fit, may direct issue of notice to the respondent and adjourn the hearing of the petition:

Provided that where a petition for special leave has been filed beyond the period of limitation prescribed therefor and is accompanied by an application for condonation of delay, the Court shall not condone the delay without notice to the respondent.

(2) Where a caveat has been lodged, notice of the hearing of the petition shall be given to the caveator; but a caveator shall not be entitled to costs of the petition, unless the Court otherwise orders.

(3) Notwithstanding anything contained in sub-rules (1) and (2) above, the Respondents who contested the matter in the Court appealed from shall be informed about the decision on the petition after it is heard ex-parte, if the petition stands dismissed.

10. The provisions of rule 11 of Order XVIII of the rules shall, so far as may be, apply to the parties in matters to which this Order applies.

11. On the grant of special leave, the petition for special leave shall, subject to the payment of additional Court-fee, if any, be treated as the petition of appeal and it shall be registered and numbered as such. The provisions contained in Order XIX shall with necessary modifications and adaptations, be applicable to appeals by special leave and further steps in the appeal shall be taken in accordance with the provisions therefor:

Provided that if the respondent had been served with the notice in the Special Leave Petition or had filed caveat or had taken notice, no further notice is required after the lodging of the appeal.

12. The record of the appeal arising out of the petition for special leave shall normally consist of the petition of appeal and the paper book of the Court below, if available, plus such additional documents that the parties may file from the record of the case, if the printed record of the Court below be not available. In that event, no fresh printing of the record shall be necessary, and the original record will be called for, [if specifically ordered by the Court,] from the Court below for reference of the Court:

Provided however, that where in a particular case the Court feels that fresh printing of record is necessary, a specific order to that effect shall be made by the Court at the time of granting special leave to appeal, the provisions contained in Order XIX relating to preparation of record shall with necessary modification and adaptation apply.

13. While granting special leave in all matters in which the Bench granting special leave is of the opinion that the matter is capable of being disposed of within a short time, say within an hour or two, it will indicate accordingly. The office shall maintain a separate register of such matters to enable the Chief Justice to constitute a Bench for the disposal of such matters.

14. (1) Respondent to whom a notice in a Special Leave Petition is issued or who had filed a caveat shall be entitled to oppose the grant of leave or interim orders, without filing any written objections. He shall also be at liberty to file his objections within 30 days from the date of receipt of notice or not later than 2 weeks before the date appointed for hearing, whichever be earlier, but shall do so only by setting out the grounds in opposition to the questions of law or grounds set out in the SLP and may produce such pleadings and documents filed before the Court/Tribunal against whose order the SLP is filed and shall also set out the grounds for not granting interim order or for vacating interim order if already granted.

(2) No separate application for vacating interim order need be filed. The respondent shall, however, be at liberty to file application for vacating stay separately before or after filing objections.

(3) (a) Where any statement of objection is filed by the respondent, it shall be supported by an affidavit of the party or any person authorised by him verifying to the correctness of the statements made therein and also to the effect that annexures produced are the true copies of the originals which formed part of record in the Court below.

(b) If respondent wants to produce any document which was not part of the record in the Court below, he shall file an application seeking permission of the Court to produce such documents setting out the reason as to why it was not produced in the Court below as also the necessity of producing it before the Court.

(4) The respondent may, if considered necessary, file additional list of dates with material facts in addition to those furnished by the petitioners if he considers that the list of dates and facts by the petitioner is inaccurate or incomplete.

15. The provisions contained in this order shall apply to an application for leave to appeal to the Supreme Court under Section 31(2), second part, of the Armed Forces Tribunal Act, 2007, with such modifications and adaptations as may be necessary.

Supreme Court Rules 1966: 

ORDER XXI

SPECIAL LEAVE PETITIONS IN CRIMINAL PROCEEDINGS AND

CRIMINAL APPEALS

SPECIAL LEAVE PETITIONS

1. (1) Where leave to appeal to the Court was refused in a case by the High

Court, a petition for special leave to appeal shall, subject to the provisions of sections

4, 5, 12 and 14 of the Limitation Act, 1963 (36 of 1963), be lodged in the Court

within sixty days from the date of order of refusal and 1

[in any other case not

involving sentence of death, within ninety days from the date of Judgment or order

sought to be appealed from and in a case involving sentence of death within sixty

days from the date of Judgment or order sought to be appealed from]:

Provided that where an application for leave to appeal to the High Court from

the Judgment of a single Judge of that Court has been made and refused, in computing

the period of limitation in that case under this rule, the period from the making of

that application and the rejection thereof shall also be excluded.

Explanation:- For purposes of this rule, the expression ‘order of refusal’ means

an order refusing to grant 2

[the certificate under article 134A of the Constitution,

being a certificate of the nature] referred to in article 132 or article 134, as the case

may be, of the Constitution on merits and shall not include an order rejecting the

application on the ground of limitation or on the ground that such an application is

not maintainable.

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

2. Subs. by G.S.R. 506, dated 21st May, 1981 (w.e.f. 30-5-1981).

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THE SUPREME COURT RULES, 1966

(2) Where the period of limitation is claimed from the date of refusal of a

certificate, it shall not be necessary to file the order refusing a certificate, but the

petition for special leave shall be accompanied by an affidavit stating the date of

the Judgment sought to be appealed from, the date on which the application for a

certificate was made to the High Court, the date of the order refusing the certificate

and the ground or grounds on which the certificate was refused and in particular

whether the application for a certificate was dismissed as being out of time.

1

[***]

3. 2

[(l)] The petition shall state succinctly and clearly all such facts as may be

necessary to enable the Court to determine whether special leave to appeal ought

to be granted and shall be signed by the advocate on record for the petitioner unless

the petitioner appears in person. The petition shall also state whether the petitioner

has moved the High Court concerned for leave to appeal against its decision, and

if so, with what result.

(2) No petition shall be entertained by the Registry unless it contains a

statement as to whether the petitioner had filed any petition for special leave

to appeal against the impugned Judgment or order earlier, and if so, with what result,

duly supported by an affidavit of the petitioner or his pairokar only.

(3) The Court shall, if it finds that the petitioner has not disclosed the

fact of filing a similar petition earlier and its dismissal by this Court, dismiss the second

petition if it is pending or if special leave has already been granted therein, revoke

the same.

3

[(4) SLPs shall be confined only to the pleadings before the Court/Tribunal

whose order is challenged and the other documents relied upon in those proceedings.

No additional facts, documents or grounds shall be stated or relied upon without

express prior permission of the Court obtained on an application made for this

purpose.]

4. The petition shall be accompanied by1. Rule 2 omitted by G.S.R. 1024, dated 9th August, 1978 (w.e.f. 19-8-1978).

2. Rule 3 renumbered as sub-rule (1) thereof by G.S.R. 995, dated 8th December, 1982

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

3. Added by G.S.R. 272, dated 17th June, 1997 (w.e.f 28-6-1997). [In the G.S.R. 272, item 6,

it should be sub-clause (4) instead of sub-clause (5) as sub-clause (4) does not exist.

Ed.]

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THE SUPREME COURT RULES, 1966

(1) a certified copy of the Judgment or order appealed from; and

(2) an affidavit in support of the statement of facts contained in the

petition.

5. (1) No annexures to the petition shall be accepted unless such annexures

are certified copies of documents which have formed part of the record in the Court

or Tribunal sought to be appealed from provided that uncertified copies of documents

may be accepted as annexures if such copies are affirmed to be true copies upon

affidavit.

(2) The High Court or the Tribunal concerned shall, on application by a

petitioner intending to apply for special leave, grant him free of cost a certified copy

of the Judgment or order sought to be appealed from.

6. Where the petitioner has been sentenced to a term of imprisonment, the

petition shall state whether the petitioner has surrendered. Where the petitioner has

not surrendered to the sentence, the petition shall not be posted for hearing unless

the Court, on a written application for the purpose, orders to the contrary. 1

[Where

the petition is accompanied by an application for exemption from surrendering, that

application alone shall be posted for hearing orders before the Court in the first

instance.]

7. Unless a caveat as prescribed by rule 2 of Order XVIII has been lodged

by the other parties who appeared in the Court below, petitions for grant of

special leave shall be put up for hearing ex-parte, but the Court, if it thinks fit, may

direct issue of notice to the respondent and adjourn the hearing of the petition.

2

[7A. The Respondent shall be at liberty to file his objections within 30 days

from the date of receipt of notice or not later than 2 weeks before the date appointed

for hearing, whichever be earlier.]

8. (1) If the petitioner is in jail and is not represented by an advocate on record,

he may present his petition for special leave to appeal together with the certified

copy of the Judgment and any written argument which he may desire to advance to

the officer-in charge of the jail, who shall forthwith forward the same to the Registrar

of this Court. Upon receipt of the said petition, the Registrar of the Court shall,

1. Subs. by G.S.R. 541, dated 26th June, 1987 (w.e.f. l8-7-1987).

2. Ins. by G.S.R. 127(E) dated 22nd February, 2006 (w.e.f. 1.3.2006).

71

THE SUPREME COURT RULES, 1966

whenever necessary call, from the proper officer of the Court or the Tribunal appealed

from, the relevant documents for determination of the petition for special leave to

appeal.

(2) As soon as all necessary documents are available the Registrar shall, 1

[***]

assign an Advocate from a panel of amicus curiae and thereafter place the petition

and complete documents for hearing before the Court. 2

[The fee of the advocate

so engaged shall be Rs. 250/- upto the admission stage and a lump sum not exceeding

Rs. 500/- for the hearing of the appeal arising therefrom, as may be fixed by the

Bench hearing the appeal, and in an appropriate case, the Bench hearing the case

may for the reasons to be recorded in writing, sanction payment of a lump sum not

exceeding Rs. 750/-.]

3

[Explanation: - For the purpose of this rule, the term “State” shall include a

Union Territory.]

4

[(3) After the hearing of the petition or the appeal, as the case may be, is

over, the Registrar or the Deputy Registrar shall issue to the Advocate amicus curiae

a certificate in the prescribed form indicating therein the name of the said Advocate

engaged at the cost of the State concerned and the amount of fees payable to the

said advocate.

(4) The State concerned shall pay the fees specified in the certificate issued

under sub-rule (3) to the Advocate named therein within three months from the date

of his presenting before it his claim for the fees supported by the certificate. If the

fees are not paid within the period above-said, the Advocate shall be entitled to

recover the same from the State concerned by enforcement of the certificate as an

order as to costs under the Supreme Court (Decrees and Orders) Enforcement

Order, 1954.

Explanation: - For the purposes of this rule, the term “State” shall include

a Union Territory.]

9. On the granting of the special leave, the petition for special leave shall

be treated as the petition of appeal and shall be registered and numbered as such.

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

2. Subs. by G.S.R. 541, dated 26th June, 1987 (w.e.f. 18-7-1987).

3. Ins. by G.S.R. 2746, dated 6th December, 1969 (w.e.f. 13-12-1969).

4. Added by G.S.R. 541, dated 26th June, 1987 (w.e.f. 18-7-1987).

72

THE SUPREME COURT RULES, 1966

1

[9A. While granting special leave, in all matters in which the Bench granting

special leave is of the opinion that the matter is capable of being disposed of within

a short time,say, within an hour or two, it will indicate accordingly. The office shall

maintain a separate register of such matters to enable the Chief Justice to constitute

a Bench for the disposal of such matters.]

10. Upon an order being made granting special leave to appeal, the Registrar

shall transmit to the Court appealed from, a certified copy of the order together

with a certified copy of the petition for special leave, and the affidavit, if any, filed

in support thereof.

11. On receipt of the said order, the Court appealed from shall give notice of

the order to the respondent and require the parties to take all necessary steps to

have the record of the case transmitted to the Court in accordance with the directions

contained in the order granting special leave. The Registrar of the Court appealed

from shall certify to the Registrar of the Court that the respondent has received notice

of the order of the Court granting special leave to appeal.

CRIMINAL APPEALS

12. 2

[Every criminal appeal in which a certificate of the nature referred to in

clause (1) of article 132 or sub-clause (c) of clause (1) of article 134 has been

granted under article 134A of the Constitution] shall be lodged in the Court within

sixty days from the date of the certificate granted by the High Court, and every

appeal under article 134(l)(a) and (b) of the Constitution or under any other provision

of law within sixty days from the date of the Judgment, final order or sentence

appealed from:

Provided that in computing the period, the time requisite for obtaining a copy

of the Judgment or order appealed from, and where the appeal is on a certificate,

of the certificate, and the order granting the certificate shall be excluded:

Provided further that the Court may, for sufficient cause shown extend the time.

13. (1) The memorandum of appeal shall be in the form of a petition. It shall

state succinctly and briefly, and as far as possible, in chronological order, the principal

steps in the proceedings from its commencement till its conclusion in the High Court.

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

2. Subs. by G.S.R. 506, dated 21st May, 1981 (w.e.f. 30-5-1981).

73

THE SUPREME COURT RULES, 1966

1

[(2) The petition of appeal shall be accompanied by a certified copy of the

judgment or order appealed from and in the case of an appeal on a certificate also

of the certificate granted by the High Court, and of the order granting the said

certificate. In appeals falling under any of the categories enumerated in sub-rule (1)

of rule 15, however, in addition to the documents mentioned above, a certified copy

(or uncertified copy if such copy is affirmed to be true copy upon affidavit) of the

Judgment or order of the Court immediately below shall also be filed before the

appeal is listed for hearing ex-parte. At least seven copies of the aforesaid documents

shall be filed in the Registry.]

2

[13A. Where the appellant has been sentenced to a term of imprisonment,

the petition of appeal shall state whether the appellant has surrendered. Where the

appellant has not surrendered to the sentence, the appeal shall not be registered,

unless the Court, on a written application for the purpose, orders to the contrary.

Where the petition of appeal is accompanied by such an application, the application

shall first be posted for hearing before the Court for orders.]

14. Where the appellant is in jail, he may present his petition of appeal and

the documents mentioned in rule 13 including any written argument which he may

desire to advance to the officer-in-charge of the jail, who shall forthwith forward

the same to the Registrar of the Court.

1

[15. (1) The petition of appeal shall be registered and numbered as soon as

it is 3

[found to be in order]. Each of the following categories of appeals, on being

registered, shall be put for hearing ex-parte before the Court, which may either

dismiss it summarily or direct issue of notice to all necessary parties, or may make

such orders, as the circumstances of the case may require, namely:

(a) an appeal from any Judgment, final order or sentence in a criminal

proceeding of a High Court summarily dismissing the appeal or the matter, as the

case may be before it;

(b) an appeal on a certificate granted by the High Court 4

[under article 134A

of the Constitution being a certificate of the nature referred to in clause (1) of article

1. Subs. by G.S.R. 705,dated 8th May, 1971 (w.e.f. 1-7-1971).

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

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

4. Subs. by G.S.R. 506, dated 21st May, 1981 (w.e.f. 30-5-1981).

74

THE SUPREME COURT RULES, 1966

132 or sub-clause (c) of clause (1) of article 134 of the Constitution or] under any

other provision of law if the High Court has not recorded the reasons or the grounds

for granting the certificate.

1

[***]

2

[(e) an appeal under clause (b) of sub-section (1) of section 19 of the

Contempt of Courts Act, 1971 (70 of 1971).]

(2) On the registration of the appeal and in the appeals falling under sub-rule

(1) as soon as notice is directed to be issued, the Registrar shall send a copy of the

petition of appeal and the accompanying papers, if any, to the High Court or the

Tribunal concerned; and shall cause notice of the appeal to be given, where the

appeal is by a convicted person to the Attorney-General for India or to the Advocate

General or the Government Advocate of the State concerned, or to both as the

case may require, and in cases where the appeal is by the Government to the accused

and in cases under section 467B of the Code of Criminal Procedure, 1898 to the

respondent.]

16. The respondent may enter appearance in the Court 3

[within thirty days of

the service of the notice of lodgment] of the petition of appeal on him.

PREPARATION OF THE RECORD

3

{17. The record of the appeal shall be printed in accordance with the rules

contained in the First Schedule to these rules, and unless otherwise directed by the

Court, it shall be printed under the supervision of the Registrar of this Court and at

the expense of the appellant. In appeals involving sentence of death and in other

cases in which the Court thinks fit so to direct, the record shall be printed at the

expense of the State concerned.

3

[17A. The record of appeal arising out of the petition for special leave to

appeal shall normally consist of the petition of appeal and the paper book of the

1. Clauses (c) and (d) deleted by G.S.R. 506, dated 21st May, 1981 (w.e.f. 30-5-1981).

2. Ins. by G.S.R. 1024, dated 9th August, 1978 (w.e.f. 19-8-1978) and amended by G.S.R.

96(E), dated 16th February, 1987 (w.e.f. 16-2-1987).

3. Subs. by G.S.R. 410, dated 26th February, 1968 (w.e.f. 26-2-1968).

4. Added by G.S.R. 189 (E), dated 15th March, 1991 (w.e.f. 30-3-1991).

75

THE SUPREME COURT RULES, 1966

Court below, if available plus such additional documents that the parties may file

from the record of the case, if the printed record of the Court below be not available.

In that event, no fresh printing of the record shall be necessary, and the original

record will be called for, from the Court below for reference of the Court:

Provided however, that where the records are printed for the purpose of the

appeal before the High Court, the High Court shall prepare 10 extra copies in

addition to the number of copies required by the High Court for use in the Court,

if the said record be in English:

Provided further that where in a particular case the Court feels that fresh printing

of record is necessary, a specific order to that effect shall be made by the Court at

the time of granting special leave to appeal, and the provisions contained in Order

XV relating to preparation of record shall, with necessary modification and adaptation

apply.]

18. (1) Save as otherwise provided for in the rules, the provisions

contained in Order XV relating to the printing and preparation of the record

in civil appeals shall with necessary modifications and adaptations, apply to

the printing and preparation of records in Criminal Appeals

1

[(2) In all cases where the record has been printed for the purposes of the

appeal before the High Court or other proceedings all available copies of the printed

record except one, if the record be in English, shall be dispatched to this Court

along with the entire original record including the records of the Court below. One

of such copies shall be duly authenticated by the Registrar of the Court appealed

from.]

(3) If a minimum number of 5 copies of the said printed record is

available, no fresh printing of the record shall be necessary except of such

additional papers as may be required.

Explanation:- For the purposes of this rule the original record shall not include

judgments of the High Court and the Courts below, but only duly authenticated

copies thereof.

Explanation:- Printing for the purpose of this rule includes cyclostyling

and typing and printed record includes cyclostyled or typed record.

1. Amended by G.S.R. 189, dated 15th March, 1991 (w.e.f. 30-3-1991).

76

THE SUPREME COURT RULES, 1966

(4) Two copies of the High Court paper book if available for dispatch to this

Court shall be treated as transcript record for the purpose of printing in this Court.

In that event only such of the additional documents as the parties choose to include

for the hearing of the appeal in this Court shall be typed in duplicate and transmitted

to this Court along with the High Court paper books, one copy of each of which

shall be duly authenticated.

(5) For the purpose of transcript record proper of the appeal, to be laid before

this Court, such of the documents in vernacular as have already been translated for

the purpose of the High Court appeal and which are included in the High Court

appeal paper book need not be translated again.

19. Where the appellant fails to take necessary steps to have the record

prepared and transmitted to the Court with due diligence, the Registrar of the Court

appealed from shall report the default to the Registrar of this Court and the Registrar

of this Court may thereupon issue a summons to the appellant calling upon him to

show cause before the Court on a date to be specified in the summons why the

appeal should not be dismissed. The Court may thereupon dismiss the appeal for

non-prosecution or pass such orders as the justice of the case may require.

20. Where an appeal has been dismissed for non-prosecution, the appellant

may, within thirty days of the order, present a petition praying that the appeal may

be restored and the Court may, after giving notice of the application to the

respondent, if he has entered appearance, restore the appeal if good and sufficient

cause is shown.

21. (1) In the event of the Court ordering the printing of the record under the

supervision of the Registrar of the Court appealed from, he shall dispatch to the

Registrar of this Court unless otherwise directed by this Court, not less than 15

copies where the appeal raises a question as to the interpretation of the Constitution,

and not less than 10 copies in other cases. In the event of the Record being printed

in this Court the Registrar will fix the number of copies to be printed for the use of

this Court.

(2) In all cases involving a sentence of death the printed record shall be made

ready and dispatched to this Court within a period of 60 days after the receipt of

the intimation from the Registrar of this Court of the filing of the petition of appeal

or of the order granting special leave to appeal.

22. As soon as the record is ready the Registrar concerned shall give notice

thereof to the parties to the appeal, and where the record is prepared under the

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supervision of the Registrar of the Court appealed from, the said Registrar shall after

service of the notice, send to the Registrar of this Court a certificate as to the date

or dates on which the notice has been served.}

HEARING OF THE APPEAL

23. Each party who has entered appearance shall be entitled to two copies of

the record for his own use.

24. Unless otherwise ordered by the Court the appeal shall be set down

for hearing thirty days after the expiry of the time prescribed for entering appearance

by the respondent.

25. Where the accused person is not represented by an Advocate on Record

of his choice the Court may, in a proper case direct the engagement of an Advocate

at the cost of the Government. 1

[The fee of the Advocate so engaged shall be a

lump sum not exceeding Rs. 500/- as may be fixed by the Bench hearing the case,

and in an appropriate case, the Bench hearing the case may, for the reasons to be

recorded in writing, sanction payment of a lump sum not exceeding Rs. 750/-].

1

[25A. (1) After the hearing of the appeal, the Registrar or the Deputy Registrar

shall issue to the Advocate appointed at the cost of the State a certificate in the

prescribed form indicating therein the name of the said Advocate and the amount

of fees payable to the said Advocate.

(2) The State concerned shall pay the fees specified in the certificate issued

under sub-rule (1) to the Advocate named therein within three months from the date

of his presenting before it his claim for the fee supported by the said certificate. If

the fees are not paid within the period abovesaid, the Advocate shall be entitled to

recover the same from the State concerned by the enforcement of the certificate as

an Order as to costs under the Supreme Court (Decrees and Orders) Enforcement

Order, 1954.

Explanation:- For the purposes of this rule, the term “State” shall include

a Union Territory.]

26. (1) Due notice shall be given to the accused, where he is not

represented, of the date fixed for the hearing of the appeal. The accused person

may, if he so wishes present his case by submitting his arguments in writing

1. Subs. by G.S.R. 541, dated 26th June, 1987 (w.e.f. 18-7-1987).

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and the same shall be considered at the hearing of the appeal.

(2) It shall not be necessary for an accused person in custody to be produced

before the Court at the hearing unless the Court thinks fit in the interest of justice to

direct him to be produced to enable him to argue his case or for other reasons.

27. Pending the disposal of any appeal under these rules the Court may order

that the execution of the sentence or order appealed against be stayed on such terms

as the Court may think fit.

28. After the appeal has been disposed of, the Registrar shall, with the utmost

expedition, send a copy of the Court’s judgment or order to the High Court or

Tribunal concerned.

29. In criminal proceedings, no security for costs shall be required to be

deposited, and no Court-fee, process fee, or search fee shall be charged, and an

accused person shall not be required to pay copying charges except for copies other

than the first.