Home India Supreme Court of India In exercise of the powers conferred by article 145 of the Co...
Date: 2019-09-18 Category: Extra Ordinary State: Union Government Country: India

In exercise of the powers conferred by article 145 of the Constitution and with the approval of the President

Issued by Supreme Court of India · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This notification announces the Supreme Court Amendment Rules, 2019, which further amend the Supreme Court Rules, 2013. These amendments, approved by the President, pertain to procedures for advocates, case hearings, and document handling. The rules come into force on the date of their publication in the Official Gazette (September 18, 2019). Key Points / Main Content: * **Advocate Appearance:** An advocate whose name is on the rolls of any State Bar Council can appear and argue a case in person without interaction by the concerned Registrar. * **Single Judge Hearings:** A Judge nominated by the Chief Justice can hear and dispose of the following matters: * Special leave petitions arising from bail applications under sections 437, 438, or 439 of the Code of Criminal Procedure, 1973, involving offences punishable with up to seven years imprisonment. * Applications for transfer of cases under section 406 of the Code of Criminal Procedure, 1973. * Urgent applications for transfer of cases under section 25 of the Code of Civil Procedure, 1908. * Other categories of cases notified by the Chief Justice. * **Authorized Advocates:** An advocate who argued the matter or an advocate authorized by the Advocates-On-Record can access documents. * **Document Transmission & Record Requisition:** * Original records are transmitted to the Court only if specifically ordered. * Appeals will be set down for hearing after the expiry of the time prescribed for entering appearance by the respondent, provided the original record has not been requisitioned. * **Criminal Appeals (Life Imprisonment or Death Penalty):** The Registrar shall call for the original record of the case, including records of lower courts. Such records are not requisitioned in other cases unless specifically ordered by the Court. * **Petition Filing Requirements:** * Initially, only one spare set of the petition and accompanying papers needs to be filed. * When refiling after defect removal, Advocates-On-Record or parties appearing in person must submit at least three sets of paper books along with a set of original papers, with a declaration of completeness. * **State Acts and Ordinances:** The words "relevant provisions of the State or Local Statutes, Ordinances" shall be substituted with "relevant provisions of the State Acts, and Ordinances". * **Third Schedule Amendment:** Explanatory Note 1 in Part II of the Third Schedule is omitted. Impact Analysis: * **Advocates:** * Impact: Changes to appearance rules, document access, and filing requirements. * Action Required: Comply with the new rules for appearing in person, submitting documents, and ensure completeness of filed papers. * **Registrar:** * Impact: Changes to document requisition and transmission procedures, and calling of records in specific criminal appeals. * Action Required: Follow the new guidelines for record requisition, especially in cases involving life imprisonment or death penalty. * **Parties Appearing in Person:** * Impact: Changes to petition filing requirements. * Action Required: Adhere to the revised rules for submitting paper books and original papers upon refiling after defect removal.

Key Entities Referenced

Supreme Court of India: The apex court of India, issuing the notification. Constitution: Refers to the Constitution of India, specifically article 145, which confers powers exercised in the notification. President: The President of India, whose approval is required for the Supreme Court Rules amendment. Supreme Court Rules, 2013: The principal rules being amended by this notification. Supreme Court Amendment Rules, 2019: The title of the amendment rules introduced by this notification. Advocates Act, 1961: A law related to advocates and State Bar Councils. Code of Criminal Procedure, 1973: A procedural law related to Bail Applications or Anticipatory Bail Application. Code of Civil Procedure, 1908: A procedural law related to transfer of cases.
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jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99 vlk/kj.k EXTRAORDINARY Hkkx II—[k.M 3—mi&[k.M (i) PART II—Section 3—Sub-section (i) izkf/dkj ls izdkf'kr PUBLISHED BY AUTHORITY la- 547] ubZ fnYyh] cq/okj] flrEcj 18] 2019@Hkkæ 27] 1941 No. 547] NEW DELHI, WEDNESDAY, SEPTEMBER 18, 2019/BHADRA 27, 1941 SUPREME COURT OF INDIA NOTIFICATION New Delhi, the 17th September, 2019 G.S.R. 670(E).–– In exercise of the powers conferred by article 145 of the Constitution and with the approval of the President, the Supreme Court hereby makes the following Rules further to amend the Supreme Court Rules, 2013, namely:— 1. (1) These Rules may be called the Supreme Court (Amendment) Rules, 2019. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Supreme Court Rules, 2013, hereinafter referred to as the said rules in Order IV, in rule 1 in clause (c) after the proviso, the following proviso shall be inserted, namely:- “Provided further that whenever an advocate whose name is entered on the rolls of any State Bar Council maintained under the Advocates Act, 1961 (25 of 1961) wants to appear and argue the case in person, he shall be exempted from the requirement of interaction by the concerned Registrar.” 3. In the said rules, in Order VI in rule 1, the following proviso shall be inserted, namely: “Provided that the following categories of matters may be heard and disposed of finally by a Judge sitting singly nominated by the Chief Justice: (i) Special leave petitions arising out of grant, dismissal or rejection of Bail Application or Anticipatory Bail Application in the matters filed against the order passed under section 437, section 438 or section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) involving the offences punishable with sentence up to seven years imprisonment; (ii) Applications for transfer of cases under section 406 of the Code of Criminal Procedure, 1973 (2 of 1974); (iii) Application of an urgent nature for transfer of cases under section 25 of the Code of Civil Procedure, 1908 (5 of 1908); (iv) Any other category of cases notified by the Chief Justice from time to time, which may be heard and disposed of finally by a Judge sitting singly nominated by him.” 4855 GI/2019 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 4. In the said rules, in Order XIII in rule 3, after the words “an advocate-on-record”, the words “or an advocate who argued the matter or an advocate authorized by the Advocates-On-Records in the case” shall be substituted. 5. In the said rules, in Order XIX,- (a) in rule 8, in clause (ii), for the words “transmit to the Court”, the words, “if specifically ordered by the Court, transmit to the Court” shall be substituted; (b) in rule 11, in sub-rule (1), for the words “The record,”, the words “The record, if specifically ordered by the Court,” shall be substituted; (c) in rule 12, in sub-rule (1), for the words “The original record of the case in the Court”, the words “Upon receipt of the original record of the case in the Court, if requisitioned by the Court,” shall be substituted; (d) in rule 32, in sub-rule (1), after the words “authenticaton of the record,”, the words “if requisitioned by the Court,” shall be inserted. (e) in rule 36, the following proviso shall be inserted, namely:- “Provided that where original record has not been requisitioned, appeal shall be set down for hearing after the expiry of the time prescribed for entering appearance by the respondent and subject to the provision of rule 1(30) of Order V of the rules.” 6. In the said rules, in Order XX in rule 5, after sub-rule (2) the following sub-rule shall be inserted, namely:- “(3) The Registrar shall call the original record of the case, including the record of the Courts below, in the criminal appeals involving sentence of life imprisonment of death penalty: Provided that such records shall not be requisitioned in other cases, unless specifically ordered by the Court.” 7. In the said rules, in Order XXI,- (a) in rule 3, in sub-rule (1), in clause (d), in sub-clause (iii), for the words “the relevant provisions of the State or Local Statutes, Ordinances”, the words “relevant provisions of the State Acts, and Ordinances” shall be substituted; (b) for rule 6, the following rule shall be substituted, namely:- “6. The petitioner shall initially file only one spare set of the petition and of the accompanying papers and when the matter is re-filed after removing the defects, the Advocates-On-Record or Parties appearing-in-person shall submit at least three sets of paper books along with set of original papers, with the declaration that the paper books are complete in all respects.” (c) in rule 12, after the words “original record will be called for,”, the words, “if specifically ordered by the Court,” shall be inserted. 8. In the said rules, in Order XXIII, in rule 5, for clause (ii), the following clause shall be substituted, namely:- “(ii) one spare set of the petition and of the accompanying papers at the time of filing and when the matter is re-filed after removing the defects the Advocates-On-Record or Parties appearing-in-person shall submit at least three sets of paper books along with set of original papers, with the declaration that the paper books are complete in all respects,”. (b) in rule 8, the following proviso shall be inserted, namely:- “Provided that original record shall not be transmitted to this Court, unless specifically requisitioned by the Court.” 9. In the said rules, in Order XXIV, in rule 3, for clause (ii), the following clause shall be substituted,namely:- “(ii) one spare set of the petition and of the accompanying papers at the time of filing and when the matter is re-filed after removing the defects the Advocates-On-Record or Parties appearing-in-person shall submit at least three sets of paper books along with set of original papers, with the declaration that the paper books are complete in all respects,”.¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 3 10. In the said rules, in Order XXXVIII, in rule 7,- (a) after the words “verifying the facts relied on and”, the words “initially only the spare set of the petition and of the accompanying papers” shall be inserted; (b) after the words “if so, with what result”, the words “and when the matter is re-filed after removing the defects, the Advocates-on-Record or Parties appearing-in-person shall submit at least three sets of paper books along with set of original papers, with the declaration that the paper books are complete in all respects” shall be inserted. 11. In the said rules, in Third Schedule, in Part II, Explanatory Note 1 shall be omitted. [F. No. 1/2019/Record Room] By Order of the Court, DEEPAK JAIN, Registrar (J-II) Foot Note: The principal rules were published in the Gazette of India vide number 368(E) dated 27th May, 2014. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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