Changes
have been introduced into the rules according to which the apex court
of the country functions. These have come by way of a gazette
notification on the new regulations, to be called the Supreme Court
Rules, 2013. The notification replaces the SC Rules, 1966.
The maximum period for summer vacations has been reduced from ten weeks to seven weeks.
A
few duties of the Registrar have been transferred to the Secretary
General. The Secretary General shall now have the custody of the records
of the Court. In the absence of the Secretary General, the functions of
the Secretary General may be exercised by the Registrar nominated by
the Chief Justice. Official seal will also be kept in the custody of the
Secretary General.
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A proviso has been added to Order IV 1(a) that reads: Provided
that an advocate whose name is entered on the roll of any State Bar
Council maintained under the Advocates Act. 1961 (25 of 1961) for less
than one year shall be entitled to mention matters in Court for the
limited purpose of asking for time, date, adjournment and similar such
orders, but shall not be entitled to address the Court for the purpose
of any effective hearing.
Also,
for an advocate to be registered on record, the registration fee has
been increased from twenty five rupees to two hundred fifty rupees.
New
rules have been added in Order IV which relates to Advocates.
Instructions, for representation by a person other than the
Advocate-on-record for a party, will be granted by an advocate-on-record
or permitted by the Court.
In
petitions or appeals received from jail or a matter filed by a party-in-
person or where a party-in person as respondent is not represented by
an Advocate-on-Record, the Secretary General/Registrar may require the
Supreme Court Legal Services Committee to assign an Advocate.
The Rules have also defined ‘misconduct or conduct unbecoming of an advocate-on-record”. It shall include-
a) Mere name lending by an advocate-on-record without any further participation in the proceedings of the case;
b) Absence of the advocate-on-record from the Court without any justifiable cause when the case is taken up for hearing; and
c) Failure to submit appearance slip duly signed by the advocate-on-record of actual appearances in the Court.
Another
provision has been made in order to safeguard the interests of the
parties. A newly designated senior advocate won’t be allowed to appear
as senior advocate till he reports to the Registry that parties
represented by him earlier have been so informed of his designation as
senior advocate and that necessary arrangements have been made for the
parties to make appearance before the Court in all the cases represented
by him till then. However, the implementation of such a rule seems very
hazy.
A few powers of the Registrars have been transferred to a Single Judge. These powers are as listed below:
Applications by third parties for return of documents,
Applications
to appoint or discharge a next friend or guardian of a minor or a
person of unsound mind and direct amendment of the record thereon.
Applications for consolidation of appeals and writ petitions for purposes hearing, and preparation of record.
Issue of fresh summons and notices.
Application for amendment of pleadings with the consent of all the appearing parties, or where the other side has not appeared.
The
Rules also provide for adjudication of cause, appeal or other
proceedings arising out of a case in which death sentence has been
confirmed or awarded by the High Court to be heard by a Bench consisting
of not less than three Judges.
Order
VII prescribing rules for proceedings by or against minors or persons
of unsound mind, also provides for a definition for the same. The
explanation states: In this Order, minor means a person who has not attained his majority within the meaning of
section
3 of the Indian Majority Act, 1875 (9 of 1875) where the appeal,
petition or other proceeding relates to any of the matters mentioned in
clauses (a) and (b) of section 2 of that Act or to any other matter.
As
regards serving of application under proceedings against minors or
persons of unsound mind, it provides for serving the application on the
mother in the absence of the father. The mother was not mentioned in the
rules previously. Another change brought about in the rules provides
that if the Court deems fit, it could issue notice to the minor as well.
The following provision has also been added under Order VII-
No
decree passed against a minor shall be set aside merely on the ground
that the next friend or guardian for the appeal, petition or other
proceeding of the minor had an interest in the subject-matter of the
appeal, petition or other proceeding adverse 10 that of the minor, hut
the fact that by reason of such adverse interest of the next friend or
guardian for the appeal, petition or other proceeding, prejudice has
been caused to the interests of the minor, shall be a ground for setting
aside the decree.
The rules also
empower the minor from obtaining relief from the Court available under
any law, alleging misconduct or gross negligence on the part of the
guardian or next friend, in case such conduct has prejudiced the
interests of the minor.
In case of
extension of time for filing pleadings, the Registrar would now be
permitted to grant just one extension, instead of two, for the purpose
exceeding four weeks.
Order XII, rule 10 states:
Where
any party is dissatisfied with the decree or order as settled by the
Registrar, the Registrar shall not proceed to complete the decree or
order without allowing that party sufficient time to apply by motion to
the Court, which shall not exceed 90 days from date of order of the Registrar failing which the Registrar will proceed to settle the decree(emphasis applied).
This cap of 90 days has been newly included in the rules, functioning as a barrier against delay mechanisms.
Order
XIII talks about ‘Copying’ elaborately, with Form no. 29 providing the
format for an application for “certified copy” or unauthenticated “copy”
to be sent by post to the Registrar, Copying Section, Supreme Court of
India, New Delhi, along with the requisite copying fee for
urgent/ordinary delivery.
In cases
where the deponent is a pardahnashin lady, the rules provide for
affirmation or taking of oath before a lady Registrar which shall
include an Additional Registrar, duly authorized by the Chief Justice,
or before a lady Oath Commissioner, and shall also be identified by a
person to whom she is known and that person shall prove the
identification by a separate affidavit.
According
to the amended rules, the Registrar may refuse to receive a petition on
the ground that it discloses no reasonable cause or is frivolous or
contains scandalous matter but the petitioner may within fifteen days of the making of such order,
appeal by way of motion, from such refusal to the Court (emphasis
applied). This cap of 15 days has been introduced by way of the
amendment.
Where the Court, after
hearing an appeal, decides to reserve its Judgment, the date of
pronouncement shall be notified by the Registrar in the daily cause list
instead of the Registrar notifying the parties through their
Advocates-on-record of the day appointed by the Court for the delivery
of the Judgment, as provided by the rules earlier.
Also,
in case a party to a Special Leave Petition or an appeal, who appears,
does not have an e-mail address, a statement to that effect shall be
made.
Even in case of appeals and
application by indigent persons, where the party is not represented by
an Advocate of his choice, the Court may in a proper case, direct the
engagement of an Advocate from panel of Supreme Court Legal Services
Committee or at the cost of the State. The fee of the Advocate engaged
at the cost of State shall be fixed by the Chief Justice, unless
otherwise directed by the Court.
It also states that, The
State concerned shall pay the fees specified in the certificate issued
under sub-rule (2) 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.
A petition under Special
Act, are provided to be made on a court-fee stamp of the value of Rs.
5000/- instead of the earlier prescribed Rs. 10/-
Along
with a petition of appeal under the Section 23 of the Consumer
Protection Act, 1986, at least 3 spare sets of petitions and papers
filed with it will have to be provided instead of seven sets. A notable
change for filing such appeals is that a Bank draft for Rs. 50,000/- or
fifty percent of the amount whichever is less, required to be paid by
the person intending to appeal, in terms of the order of the National
Commission, drawn in favour ofthe Registrar, Supreme Court of India,
payable at New Delhi. This amount will remain in the Suitors’ Fund
Account till the disposal of the appeal or till such time as the Court
may direct.
If the appeal is
allowed by the Court, this amount would be refunded to him without
interest but if it is dismissed, the same will be allowed to be
withdrawn by the respondent or may be
disbursed as per the direction of the Court in that behalf.
The fixed Court fee has also been increased from Rs. 250/- to Rs. 5000/-.
Rules
regarding Public Interest Litigations, curative petitions and for
reference made by the Central Government/ Statutory Tribunals under
Statutes have also been added separately.
The
application for review shall be accompanied by a certificate of the
Advocate on Record certifying that it is the first application for
review and is based on the grounds admissible under the Rules.
Curative Petitions shall be governed by Judgment of the Court dated 10′” April, 2002 delivered in the case of Rupa Ashok Hurrah v. Ashok Hurrah and Ors. in Writ Petition (C) No. 509 of 1997.
As
for the petitions, along with the name and registered address of the
advocate-on-record, his e-mail address will also have to be provided.
Where the respondent appears, his registered address will have to be
provided in case there is difference in address given in the petition
and the actual address ofthe respondent.
In
order to avoid delay in the service of the notices, a proper procedure
has been provided for effecting service on Union of India or State
Govemment(s) as respondents. Also, the service of notice on the said
Standing Counsel/ Advocate/In-charge of the Central Agency Section/
Special Officer/ Resident Commissioner shall be treated as sufficient
service on the concerned Government or any of its Departments.
Additionally, where
‘dasti’ service (i.e. service through party) is directed or allowed,
the party shall (unless permitted otherwise), within fifteen days of
issue of dasti, tender the ‘dasti’ notice to addressee in person and
obtain an acknowledgment of service from the addressee. In case the
addressee declines to receive, or acknowledge the service of, notice the
party shall move the principal civil court (other than High Court)
within local limits of whom addressee resides (or carries on business or
personally works for gain), for service through special bailiff, the
process fee/charges for which shall be borne by the said party. The
concerned court shall direct expeditious service of notice through
special bailiff and cause a report of service to be sent to the
Registrar of this Court by registered /Speed Post A.D., the charges for
which shall be paid by the concerned party, and forward a copy ofthe
said report through the party, for being submitted to this Court.
The
rules put a cap on the commission that can be payable where a party
seeks payment of the monies or securities paid to the Registrar or
deposited with him, limiting it to Rs. 15,000.
For the issuance of a fresh identity card, fifty rupees will have to be levied instead of three rupees.
Besides,
fee for registering a clerk of an Advocate or a firm of Advocates has
been increased from Rs. 5 to Rs. 100 and the fee payable on requisition
for issue of an identity card in substitution of one that is lost or
damaged, has been increased from Rs. 3 to Rs. 50.
The fee to the Amicus Curiae has
been increased to 6,000/- up to admission stage and 10,000/- on final
disposal stage or hearing on regular side after admission/grant of
leave, or as directed by the Court/Chief Justice.
Fee
to the Panel Advocate has been fixed at 6,000/· up to admission stage
by the Registry. and 10,000/· on final disposal stage or hearing on
regular side after admission/grant of leave, or as directed by the
Court/ Chief justice
The ready list
will be called the terminal list, and will be published on the notice
board/website of the Court at the end of each week a list of cases to be
heard in the following week as far as possible in the order in which
they appear in terminal list.
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