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SC Filing Verification : Registry Specifies Mandatory Points And New Check Lists For Scrutiny

2 Feb 2019 3:30 PM GMT
SC Filing Verification :  Registry Specifies Mandatory Points And New Check Lists For Scrutiny

The SC registry has issued a circular, specifying the check list to "facilitate speedier verification of matters for early listing".The Circular lays down 11 mandatory requirements, which are to be scrutinized by the Scrutiny Officers/Officials of Filing Counter.It also has an advocate's check list with 21 entries, which are to be complied with Advocates-on-Record.The AOR has to certify that...

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The SC registry has issued a circular, specifying the check list to "facilitate speedier verification of matters for early listing".

The Circular lays down 11 mandatory requirements, which are to be scrutinized by the Scrutiny Officers/Officials of Filing Counter.

It also has an advocate's check list with 21 entries, which are to be complied with Advocates-on-Record.

The AOR has to certify that the check-list has been complied. The circular also states that the practise of accepting "incomplete matters without relevant documents.annexures shall be discontinued", as a fresh matter is to be filed with the certificate of AOR that all documents necessary for the purpose of hearing the matter have been filed.

The Mandatory Points are :

  1. Whether the prescribed court fee has been filed?
  2. Whether the original set of petition and the application bear the signatures of the counsel?
  3.  (i) Whether the addresses of the parties and their representation are complete and set out properly and whether detailed cause title?{ii) Whether the cause title of the petition corresponds to that of the impugned judgment and names of parties therein?(iii) Whether the petitioner has specified the proper department and address of the Union of India or the State Govt. on whom the notice is required to be served? (iv) If a party in the court below has died, whether application for bringing LRs on record, application for  condonation of delay in seeking substitution and application involving setting aside abatement, indicating the date of death, relationship, age and addresses alongwith affidavit and court fee has been filed? 
  4. Whether an affidavit of the petitioner/authorized person and Pairokar {in criminal matters) in appeal/ application has been filed,identified? 
  5. If there are any vernacular documents/portions/lines and translation of such documents are not filed, whether application for exemption from filing Official Translation, with affidavit and court fee, has been filed? 
  6. Whether the petition contains a statement in terms of Order XXI/XXII of Supreme Court Rules as to whether the petitioner has filed any petition against the impugned order/judgment earlier, and if so, the result thereof stated in the petition?
  7. (i) Whether the Vakalatnama has bee duly executed by the petitioner(s) and accepted by the Advocate and Memo of Appearance filed? ii) If a petitioner is represented through power of attorney,whether the power of attorney in English/translated copy has been filed and whether application for permission to appear before the court has also been filed?(iii) Whether the writ petition is filed by a body registered under any Act or Rules? If yes, is copy of the Registration Certificate filed? (iv) Whether the person filing writ petition for such incorporated
  8. Whether the petitioner in person has filed an application for seeking permission to appear and argue in person indicating reasons why he / she cannot engage an advocate and if he/ she is willing to accept advocate who can be appointed for him by the Court? 
  9. (i) In matters involving sentence to a term of imprisonment,whether the petitioner has stated that he has surrendered OR application for exemption from surrendering has been filed? (ii) Whether as a proof of surrender, the certified copy of the order of the Court in which he has surrendered or a certificate of competent officer of the jail in which he is undergoing the sentence has been filed? If yes, is proof of such authority filed? (iii) Whether, in undertrial cases where Vakalatnama attested by competent jail authority as proof of surrender has not been filed separately in respect of all the petitioners, an application for exemption from filing separate such proof of surrender has been filed? 
  10. Whether the petitioner has filed an affidavit stating that there is no personal gain/ private motive or oblique reason in filing the Public Interest Litigation? 
  11. Whether columns Nos. 6 an 7 of Listing Proforma duly filled in? 

Advocates Checklist

  1. SLP(C) has been filed in Form No. 28 with certificate.
  2. The Petition is as per the provisions of Order XV Rule 1.
  3. The papers of SLP have been arranged as per Order XXI, Rule (3)(1)(f).
  4. Brief list of dates/events has been filed.
  5. Paragraphs and pages of paper books have been numbered consecutively and correctly noted in Index. 
  6. Proper and required number of paper books (1 + 1) have been filed.
  7. The contents of the petition, applications and accompanying documents are clear, legible and typed in double space on one side of the paper.
  8. The particulars of the impugned judgment passed by the court(s) below are uniformly written in all the documents. 
  9. In case of appeal by certificate the appeal is accompanied by ,judgment and decree appealed from and order granting certificate 
  10. If the petition is time barred, application for condonation of delay mentioning the no. of days of delay, with affidavit and court fee has been filed.
  11. The Annexures referred to in the petition are true copies of the documents before the court(s) below and are filed in chronological order as per List of Dates.
  12. The annexures referred to in the petition are filed and indexed separately and not marked collectively.
  13. The relevant provisions of the Constitution, statutes,ordinances, rules, regulations, bye laws, orders etc. referred to in the impugned judgment / order has been filed as Appendix to the SLP.
  14. In SLP against the order passed in Second Appeal, copies of the ,orders passed by the Trial Court and First Appellate Court have been filed. 
  15. The complete listing proforma has been filled in, signed and included in the paper books 
  16. In a petition (PIL) filed under claus (d) of Rule 12(1) Order XXXVIII, the petitioner has disclosed: (a) his full name, complete postal address, e-mail address, phone number, proof regarding personal identification,occupation and annual income, PAN number and National Unique Identity Card number, if any;(b) the facts constituting the cause of action;(c) the nature of injury caused or likely to be caused to the public; (d) the nature and extent of personal interest, if any, of the petitioner(s); (e) details regarding any civil, criminal or revenue litigation,involving the petitioner or any of the petitioners, which has or could have a legal nexus with the issue(s) involved in the Public Interest Litigation.
  17. If any identical matter is pending/ disposed of by the Hon.Supreme Court, the complete particulars of such matters have been given.
  18. The statement in terms of the Order XIX Rule 3(1) of Supreme Court Rules 2013 has been given in the Petition of appeal.
  19. Whether a Bank Draft of Rs. 50,000/- or 50% of the amount,whichever is less, has been deposited by the person intending to appeal, if required to be paid as per the order of the NCDRC,in terms of Section 23 of the Consumer Protection Act, 1986.
  20. In case of appeals under Armed Forces Tribunal Act, 2007, the petitioner/ appellant has moved before the Armed Forces Tribunal for granting certificate for leave to appeal to the Supreme Court.
  21. All the paperbooks to be filed after curing the defects shall be in order. 

Last week, the SC registry had framed issued new listing norms, which will ensure listing of fresh cases within 3 to 7 days.

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