SUPREME COURT OF INDIA

1 SUPREME COURT OF INDIAHANDBOOK ONPRACTICE AND PROCEDUREAND OFFICE PROCEDURE 2017 CONTENTSPage I - of the SUPREME Court12. (i)Advocate1(ii)Advocate on-record1(iii)Appointed day1(iv)Allocated Matter1-2(v)Chief Justice 2(vi)Code2(vii)Constitution2(viii) COURT and this COURT 2(ix) COURT appealed from 2(x) COURT Fee2(xi)High Court2(xii)Interlocutory Application2(xiii)Judge 3(xiv)Judgment3(xv)Main Case3(xvi)Minor 3(xvii)Miscellaneous Application3(xviii)Not taken up case 3(xix)Prescribed3(xx)Record3(xxi)Respond ent3(xxii)The Rules and Rules of the Court3(xxiii)Secretary General, Registrar and Registry 4(xxiv)Senior Advocate4(xxv)Special Bench4(xxvi)Taxing Officer4(xxvii)Terminal List4 chapter II - COURT and Appellate Original and Plenary XLVIII of the Rules15iChapter III - Classification of Petition (Civil) Petition (Criminal)

2 For Special Leave to Reference IV - Constitution and Jurisdiction of to Larger 28-29 chapter V Powers, Duties and Functions of the under Order V Rule 1 of the Rules36-37 chapter VI Roster38 chapter VII - Working Hours and of the Officer41 chapter VIII Advocate, Vakalatnama and Memo of of IX Affidavits48-51 chapter X - Preparation for Filing of for Special Leave to Interest and Miscellaneous for Special Leave to XI Filing and Processing of Counter79-82(a)Stage One79-80(b)Stage Two80(c)Stage Three80-81(d)Stage Four81-82(e)Stage and Fresh Document in by Filing Check List for Scrutiny and89-92 Processing of Main and Processing of XII - Limitation98-101 chapter XIII Listing of List and Memo/Listing , Coram and in COURT of Party XIV Procedure After granting Stay, Bail, Release, where a case is not being diligently 125prosecuted of Habeas XV Jail Petitions134-137 Processing 134-137 chapter XVI Constitution and Functions of the Judicial of Communication of bail orders155-156and Release of Documents in the Paper and Formal and Connected to the Record XVII Process, Warrants and Service of Documents165-175 chapter XVIII Paper Books176-179 General178-179 chapter XIX Judgment, Decree.

3 Order and Report180-182 chapter XX Certified Copies183-187 chapter XXI or and II192-193 chapter XXII - Payment into and out of COURT of Suitor s Funds194-197 General197 chapter XXIII Distribution of Work on Judicial Side198-203 chapter XXIV Removal of Difficulties204 chapter XXV Schedule210-213 Part I Original Jurisdiction210 Part-II Appellate Subject Categories214-217 Subject for the Registration of a of Summons for an Order in of Appeal from of of Oath by for Production of to the Respondent of Lodgment233-234of Petition of of Appearance in of Appearance through 235-236 Advocate to the Advocate Appointed at 236the Cost of the to Respondent of Lodging of for Disposal of of for of Payment of Money into of Sum paid into to the Attorney-General for INDIA 241of Reference under Article 143 of the Constitution of to Parties of Reference under Article 241-242143 of the Constitution of to Attend of Service of Summons of Service by of for Proceedings to Attorney-General 246for INDIA or Advocate-General of a of of Lodgment Repayment Order and of Bank for petition or Special Leave to for Issue of Certified 253-254 Copy/Unauthenticated Copy for Writ Petition under Article 32 of the 256-257 Constitution of for Writ Petition under Article 32 258-260relating to Public Interest Litigation of of Mention Memo/Listing of Inspection or Search of to the Respondent to Show Cause under 263-265 Order XXI Rule 9(1) of the to the Respondent to Show Cause under 265-267 Order XLI Rule 2 of the I.

4 PIL Guidelines 268-270 _____viCHAPTER I PRELIMINARYThis Handbook on Practice and Procedure of the COURT and OfficeProcedure on Judicial side containing orders issued, from time to time, isa ready reckoner in relation to the SUPREME COURT Rules, 2013, framedunder Article 145 of the of the COURT The official seal to be used in the COURT shall besuch as the Chief Justice may from time to time direct, and shall be keptin the custody of the Secretary General as per Order III, Rule 4 of - The language to be used in the COURT and all proceedings inthe COURT , shall be in English, as per Article 348 of the Constitution readwith Order VIII of the :-(i) Advocate means a person whose name is entered on the rollof advocates prepared and maintained by a State Bar Councilunder the Advocates Act, 1961 (25 of 1961);(ii) Advocate-on-record means an advocate, who is entitled underthe Rules to act as well as to plead for a party in the COURT ;(iii) Appointed day means, August 19, 2014, on which date theRules came into force;(iv) Allocated matter means a matter, which, by virtue of theRules, Roster, Practice and Procedure, Judgment or Order, isrequired to be heard by a Bench, and includes-(a)an assigned case or specially directed case;(b)case bearing single coram of a Judge;(c)a part-heard case;1(d)subsequent application for bail or suspension ofsentence;(e)an application for cancellation of bail or suspension ofsentence granted by the COURT .

5 (v) Chief Justice means the Chief Justice of INDIA and includes aJudge appointed under Article 126 of the Constitution toperform the duties of the Chief Justice;(vi) Code means the Code of Civil Procedure, 1908 (5 of 1908) orthe Code of Criminal Procedure, 1973 (2 of 1974), as the casemay be;(vii) Constitution means the Constitution of INDIA ;(viii) COURT and this COURT means the SUPREME COURT of INDIA ;(ix) COURT appealed from includes a Tribunal or any other judicialbody from which an appeal is preferred to the COURT ;(x) COURT fee means COURT fee set out in the Third Schedule tothe Rules;(xi) High COURT means-(a)as respects anything done before the commencement ofthe Constitution, a High COURT within the meaning ofSection 219 of the Government of INDIA Act, 1935; and(b)as respects anything done or to be done after thecommencement of the Constitution, a High Courtestablished by or recognized under the Constitution;(xii) Interlocutory application means an application filed in apending main case praying for relief, interim or otherwise, fromthe COURT ;2(xiii) Judge means a Judge of the Co urt;(xiv) Judgment includes decree, order, sentence or determination ofany COURT , Tribunal, Judge or Judicial officer;(xv) Main Case or Case means a case classified in chapter II ofthis Handbook.

6 (xvi) Minor in relation to Order VII of the Rules means a personwho has not attained majority within the meaning of Section 3of the Indian Majority Act, 1875 (9 of 1875), where the appeal,petition or other proceeding relates to any of the mattersmentioned in clauses (a) and (b) of Section 2 of that Act or toany other matter;(xvii) Miscellaneous Application means interlocutory application/criminal miscellaneous petition/office report for directions in adismissed/disposed of matter;(xviii) Not taken up case means a case which could not be or was nottaken up, for whatever reason, on the date of listing;(xix) Prescribed means prescribed by or under the Rules or Practiceand Procedure or administrative orders issued from time to timeby the Chief Justice;(xx) Record in Part II of the Rules means the aggregate of papersrelating to an appeal (including the pleadings, proceedings,evidence and judgments) proper to be laid before the COURT atthe hearing of the appeal;(xxi) Respondent includes an intervener;(xxii) The Rules and Rules of the COURT means the SUPREME CourtRules, 2013, and include the forms appended to the Rules;3(xxiii)(a) Secretary General means the Secretary General of the COURT ;(b) Registrar means the Registrar of the COURT and shall include Additional Registrar of the COURT ;(c) Registry means the Registry of the COURT .

7 (xxiv) Senior advocate means any advocate so designated under sub-section (2) of Section 16 of the Advocates Act, 1961 (25 of1961), and all such advocates whose names were borne on theroll of the senior advocates of the COURT immediately before thecommencement of chapter III of the Advocates Act, 1961;(xxv) Special Bench means the Bench constituted by or under theorders of the Chief Justice to hear a case or particular class ofcases;(xxvi)Taxing Officer means the Officer of the COURT whose duty isto tax costs of proceedings in the COURT ;(xxvii) Terminal List means a list of cases ready for regular hearingyear-wise in each class separately in the order of IICOURT AND JURISDICTIONThe jurisdiction of the SUPREME COURT can be broadly categorised Jurisdiction -- (i)appeals permitted under Articles 132, 133 and 134 of theConstitution read with Orders XIX and XX;(ii)appeals arising out of Statutes or any other law for the timebeing in force [refer to Orders XIX, XX, XXI, XXII, XXIII andXXIV of the Rules];(iii)appeals under Section 2 of the SUPREME COURT [Enlargement ofCriminal Appellate Jurisdiction] Act, 1970; and read with OrderXX of the Rules;(iv)appeals, upon grant of special leave to appeal, under Article 136of the Constitution read with Orders XXI and XXII of theRules.

8 Appellate Jurisdiction -- Petitions for special leave to appeal under Article 136 of theConstitution read with Orders XXI and XXII of the Jurisdiction -- (i)Petitions under Article 32 of the Constitution read with OrderXXXVIII of the Rules for issue of directions or orders or writs,including the writs in the nature of habeas corpus, mandamus,prohibition, quo warranto and certiorari for enforcement of thefundamental rights;(ii)Original suits under Article 131 of the Constitution read withPart III(A) Orders XXV to XXXVII of the Rules;5(iii)Petitions under Article 139A(1) of the Constitution read withOrder XL of the Rules seeking transfer of cases involving thesame or substantial questions of law pending before theSupreme COURT and one or more High Courts or before two ormore High Courts;(iv)Petitions under Article 139A(2) of the Constitution read withOrder XLI of the Rules seeking transfer of any case, appeal orother proceedings pending before any High COURT to any otherHigh COURT ;(v)Petitions under Section 25 of the Code of Civil Procedure, 1908read with Order XLI of the Rules, seeking transfer of any suit,appeal or other proceeding from a High COURT or other civilcourt in one State to a High COURT or other civil COURT in anyother State;(vi)Petitions under Section 406 of the Code of Criminal Procedure,1973 read with Order XXXIX of the Rules, seeking transfer ofany particular case or appeal from one High COURT to anotherHigh COURT or from a criminal COURT subordinate to one HighCourt to another criminal COURT of equal or superior jurisdiction,subordinate to another High COURT .

9 (vii)Petition under Part III of the Presidential and Vice-PresidentialElections Act, 1952 (31 of 1952) read with Article 71 of theConstitution and Order XLVI of the Rules relating to doubtsand disputes in relation to the election of a President or Vice-President;(viii)Petition under Section 11(5) of the Arbitration and ConciliationAct, 1996, read with Appointment of Arbitrators by the ChiefJustice of INDIA Scheme, 1996, relating to appointment of Original Jurisdiction -- (i)Petitions under Article 32 of the Constitution read with PartIII(B) Order XXXVIII of the Rules in the nature of publicinterest litigation seeking redressal of public injury,enforcement of a public duty or vindicating interest of publicnature; (ii)Petitions under Article 32 of the Constitution seeking transfer ofcases involving the State of Jammu and Jurisdiction -- (i)Reference by the President under Article 143(1) of theConstitution read with Order XLII of the Rules on a question oflaw or fact of public importance;(ii)Reference by the President under Article 143(2) of theConstitution read with Order XLII of the Rules of a dispute ofthe kind mentioned in the proviso to Article 131 of theConstitution;(iii)Reference by the President under Article 317(1) of theConstitution read with Order XLIII of the Rules in relation toan inquiry for removal of the Chairman or any other Member ofa Public Service Commission from his office on the ground ofmisbehaviour.

10 (iv)Reference by the President under Section 14(1) of the Right toInformation Act, 2005 read with Order XLIII of the Rules;(v) Reference by the