Supreme Court Rules 2013 - Order XXXVI | Order 36

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order XXXVI

Payment Into Court

Order XXIV in the First Schedule to the Code with respect to payment into Court shall apply in suits instituted before the Court.

Supreme Court Rules 1966: 

ORDER XXXVI

APPLICATIONS FOR TRANSFER OF CRIMINAL PROCEEDING

UNDER 2

[SECTION 406 OF THE CRIMINAL PROCEDURE CODE,

1973] 3

[AND SECTION 11 OF THE TERRORIST AFFECTED AREAS

(SPECIAL COURTS) ACT, 1984]

1. Every petition for transfer under 2

[section 406 of the Code of Criminal

Procedure, 1973] 3

[or under section 11 of the Terrorist Affected Areas (Special

Courts) Act, 1984] shall be in writing. It shall set out concisely in separate

paragraphs the facts and particulars of the case, the relief sought and the

grounds therefor and shall be supported by an affidavit or affirmation.

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

91

THE SUPREME COURT RULES, 1966

orders as to issue of notice. Upon the hearing the Court, if satisfied that no prima

facie case for transfer has been made out or that the petition is otherwise not tenable,

shall dismiss the petition; and if upon such hearing the Court is satisfied that a prima

facie case for granting the petition is made out, it shall direct that notice be issued

to the respondent to show cause why the order sought for should not be made;

1

[such notice shall be given to the accused person where he is not the applicant, to

the respondent State and to such other parties interested as the Court may think fit

to direct.]

3. The notice shall be served not less than twenty-one days before the date

fixed for the final hearing of the petition. Affidavits in opposition shall be filed in the

Registry not later than four days before the date appointed for hearing and the affidavit

in reply shall be filed not later than 2 p.m. preceding the day of the hearing of the

petition. Copies of affidavits in opposition and in reply shall be served on the opposite

party or parties and the affidavits shall not be accepted in the Registry unless they

contain an endorsement of service signed by such party or parties.

4. Where the petition is dismissed the Court, if it is of opinion that the

application was frivolous or vexatious, may order the applicant to pay by way

of compensation to any person who has opposed the application such sum not

exceeding one thousand rupees as it may consider proper in the circumstances of

the case.