Supreme Court Rules 2013 - Order XXXV | Order 35

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 


Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले


Supreme Court Rules 2013: 

Order XXXV


Withdrawal And Adjustment Of Suits


1. Rules 1, 2 and 3 of Order XXIII in the First Schedule to the Code with respect to the withdrawal and adjustment of suits shall apply in suits instituted before the Court.

2. No new suit shall be brought in respect of the same subject-matter until the terms or conditions, if any, imposed by the order permitting the withdrawal of a previous suit or giving leave to bring a new suit have been complied with.


Supreme Court Rules 1966: 

ORDER XXXV

APPLICATIONS FOR ENFORCEMENT OF FUNDAMENTAL

RIGHTS(ARTICLE 32 OF THE CONSTITUTION)

1. (1) Every petition under article 32 of the Constitution shall be in writing

and shall be heard by a Division Court of not less than five Judges provided

that a petition which does not raise a substantial question of law as to the

interpretation of the Constitution may be heard and decided by a Division Court

of less than five Judges, and, during vacation, by the Vacation Judge sitting

singly.

(2) All interlocutory and miscellaneous applications connected with a

petition under article 32 of the Constitution, may be heard and decided by a

Division Court of less than five Judges, and, during vacation, by the Vacation

Judge sitting singly, notwithstanding that in the petition a substantial question of law

as to the interpretation of the Constitution is raised.

2. No Court-fees shall be payable on petitions for habeas corpus or other

87

THE SUPREME COURT RULES, 1966

petitions under Article 32 of the Constitution arising out of criminal proceedings, or

in proceedings connected with such petitions.

HABEAS CORPUS

3. A petition for a writ of habeas corpus shall be accompanied by an affidavit

by the person restrained stating that the petition is made at his instance and setting

out the nature and circumstances of the restraint;

Provided that where the person restrained is unable owing to the restraint to

make the affidavit, the petition shall be accompanied by an affidavit to the like effect

made by some other person acquainted with the facts, which shall state the reason

why the person restrained is unable to make the affidavit.

The petition shall state whether the petitioner has moved the High Court

concerned for similar relief and if so, with what result.

4. The petition shall be posted before the Court for preliminary hearing,

and if the Court is of the opinion that a prima facie case for granting the petition

is made out, rule nisi shall issue calling upon the person or persons against

whom the order is sought, to appear on a day to be named therein to show cause

why such order should not be made and at the same time to produce in Court the

body of the person or persons alleged to be illegally or improperly detained then

and there to be dealt with according to law.

5. On the return day of such rule or any day to which the hearing thereof

may be adjourned, if no cause is shown or if cause is shown and disallowed,

the Court shall pass an order that the person or persons improperly detained shall

be set at liberty. If cause is shown and allowed, the rule shall be discharged. The

order for release made by the Court, shall be a sufficient warrant to any gaoler,

public official, or other person for the release of the person under restraint.

6. In disposing of any rule, the Court may in its discretion make such order

for costs as it may consider just.

88

THE SUPREME COURT RULES, 1966

MANDAMUS, PROHIBITION, CERTIORARI, QUO-WARRANTO

AND OTHER DIRECTIONS OR ORDERS

7. A petition for a direction, or order, or writ including writs in the nature of

mandamus, prohibition, quo-warranto or certiorari shall set out the name and

description of the petitioner, the nature of the fundamental right infringed the relief,

sought and the grounds on which it is sought and shall be accompanied by an affidavit

verifying the facts relied on and at least 1

[seven] copies of the petition and affidavit

shall be lodged in the Registry. The petition shall also state whether the petitioner

has moved the High Court concerned for similar relief and, if so, with what result.

8. The petition shall be posted before the Court for preliminary hearing and

orders as to the issue of notice to the respondent. Upon the hearing, the Court, if

satisfied that no fundamental right guaranteed by the Constitution has been infringed

or that the petition is otherwise untenable, shall dismiss the petition and if not so

satisfied, shall direct a rule nisi to issue to the respondent calling upon him to show

cause why the order sought should not be made, and shall adjourn the hearing for

the respondent to appear and be heard.

2

[8A.If the Court, on preliminary hearing, orders issue of show cause notice

to the Respondent, he shall be entitled to file his objections within 30 days from the

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

for hearing, whichever be earlier.]

9. Upon making the order for a rule nisi, the Court may, if it thinks fit, grant

such ad-interim relief to the petitioner as the justice of the case may require, upon

such terms if any as it may consider just and proper.

3

[10. (1) Unless the Court otherwise orders, the rule nisi together with a copy

of the petition and of the affidavit in support thereof shall be served on the respondent

not less than twenty-one days before the returnable date. The rule shall be served

on all persons directly affected and on such other persons as the Court may direct.

(2) Affidavits in opposition shall be filed in the Registry not later than four days

before the returnable date and affidavits in reply shall be filed within two days of

the service of the affidavit in opposition.

(3)Within four weeks of the filing of the pleadings, the petitioner shall file written

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

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

3. Sub. by G.S.R. 1066, dated 24th September, 1973 (w.e.f. 29-9-1973).

89

THE SUPREME COURT RULES, 1966

brief prepared in the following manner, namely:-

(a) At the outset, the brief shall contain a short summary of the pleading

essential for the decision of the points in issue. This shall ordinarily

not exceed two pages:

(b) Thereafter, the petitioner shall formulate propositions of fact and law

that are proposed to be advanced at the hearing citing under each of

those propositions, authorities including text books, statutory

provisions, regulations, ordinances or bye-laws or orders that are

desired to be relied upon. In the case of decisions, reference shall

be given to official reports, if available. In the case of text books

reference shall, if possible, be given to the latest edition. Where any

statute, regulation, rule or ordinance or bye-law is cited or relied upon,

so much thereof as may be necessary for the decision of the points

in issue shall be set out.

(4) Within four weeks of the service of the petitioner’s written brief on him,

the contesting respondent shall file his written brief setting out briefly the grounds

on the basis of which he is opposing each of the propositions formulated by the

petitioner. Under each of those grounds he shall cite such authorities as he may seek

to rely in the same manner as the petitioner is required to do under sub-rule (3). In

his written brief, the respondent may raise objections as to the maintainability or

sustainability of either the petition as a whole or any relief claimed therein in the

form of propositions, supported by authorities in the manner mentioned earlier.

(5) Within one week of the receipt of the brief filed by the respondent, the

petitioner may submit his reply brief which shall be concise and to the point in respect

of the points raised in the respondent’s brief.

(6) Copies of affidavits and briefs required to be filed under this rule shall be

served on the opposite party or parties and the affidavits or brief shall not be

accepted in the Registry, unless they contain an endorsement of service signed by

such party or parties. Every party to the proceeding shall supply to any other party

on demand and on payment of the proper charges, copies of any affidavit or brief

filed by him. At least seven copies of affidavits and briefs shall be lodged in the

Registry.

(7) If the Court considers any of the propositions formulated or grounds taken

by any of the parties in the written briefs filed as being irrelevant of frivolous the

Court may award against such party or parties such costs as the Court may

90

THE SUPREME COURT RULES, 1966

1. Substituted by G.S.R. 407 dated 9th December, 1997 (w.e.f. 20-12-1997).

2. Amended by G.S.R. 1697, dated 7th December. 1977 (w.e.f. 17-12-1977).

3. Added by G.S.R. 96 (E), dated 16th February, 1987 (w.e.f. 16-2-1987).

consider fit.

(8) At the hearing of rule nisi, except with the special permission of the Court,

no party shall be allowed to advance any proposition or urge any

ground not taken in the written briefs, nor shall be allowed to rely on

any authorities (including provisions of statute, rule, bye-law, regulation

or order) other than those mentioned in the briefs, unless such

authorities or provisions have been published or made after the written

briefs were filed into Court.

(9) At the hearing the rule nisi, if the Court is of the opinion that an opportunity

be given to the parties to establish their respective cases by leading further evidence,

the Court may take such evidence or cause such evidence to be taken in such manner

as it may deem fit and proper.

(10) No party to a petition under this rule shall be entitled to be heard by

the Court unless he has previously lodged his written brief in the petition.]

11. The provisions contained in rules 1

[1 to 10] respectively of Order XVIII

relating to petitions shall, so far as may be applicable, apply to petitions under this

Court

Comments

Popular posts from this blog

100 Questions on Indian Constitution for UPSC 2020 Pre Exam

संविधान की प्रमुख विशेषताओं का उल्लेख | Characteristics of the Constitution of India

भारतीय संविधान से संबंधित 100 महत्वपूर्ण प्रश्न उतर