Home India Supreme Court of India Under Rule 5 i and ii of Order IV, Supreme Court Rules, 2013...
Date: 2019-04-04 Category: Extra Ordinary State: Union Government Country: India

Under Rule 5 i and ii of Order IV, Supreme Court Rules, 2013 and Regulation 2 of the Regulations regarding Advocates on Record

Issued by Supreme Court of India · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This notification from the Supreme Court of India announces the next Advocates-on-Record Examination, scheduled for June 3rd, 4th, 7th, and 8th, 2019, in New Delhi. Advocates completing one year of continuous training by April 30th, 2019, are eligible. Applications must be submitted to the Secretary, Board of Examiners, by April 22nd, 2019. Key Points / Main Content: Examination Details: * The Advocates-on-Record Examination will be held on June 3rd, 4th, 7th, and 8th, 2019, in the Supreme Court Premises, New Delhi. Eligibility: * Advocates completing one year's continuous training on or before April 30th, 2019, are eligible to appear. Application Process: * Applications must reach the Secretary, Board of Examiners, by April 22nd, 2019. * Application forms can be obtained from the Secretary's office during working hours. * No applications will be accepted after April 22nd, 2019. * Acceptance of the application requires the production of a training certificate from an Advocate-on-Record. Evaluation and Re-evaluation: * No application/representation for re-evaluation of answer sheets will be entertained. * Requests for relief other than re-evaluation must be made within 30 days of the result declaration. Examination Rules: * Candidates absent from any individual paper will be treated as insufficiently prepared and barred from the 2020 examination, except with the Chairman's permission for good reason. * Candidates failing all papers cannot appear in the next examination. * Candidates failing or not appearing in all papers are considered to have failed in all papers. * A candidate is allowed a maximum of five attempts at the examination. Leading Cases: * A list of leading cases for Paper IV ('Leading Cases') is provided in Annexure 'A'. Impact Analysis: Advocates: Impact: Those completing one year of continuous training by April 30th, 2019, are eligible to appear for the Advocates-on-Record Examination. Performance in the exam affects future eligibility. Action Required: Eligible advocates must obtain and submit application forms to the Secretary, Board of Examiners, by April 22nd, 2019, along with the requisite training certificate. Prepare for the examination based on the syllabus and the list of leading cases. Advocates-on-Record: Impact: Required to provide training certificates to eligible advocates. Action Required: Provide training certificates to advocates who have completed the required training period and are seeking to appear for the examination. Board of Examiners: Impact: Responsible for conducting the examination and evaluating applications. Action Required: Receive and process applications, conduct the examination, and declare the results.

Key Entities Referenced

Supreme Court of India: The apex court of India, issuing the notification. New Delhi: The location where the notification is issued and where the Advocates-on-Record Examination will be held. Union Territory in India. Supreme Court Rules, 2013: A set of rules governing the procedures and practices of the Supreme Court of India, specifically Rule 5 i and ii of Order IV. Regulations regarding Advocates-on-Record Examination: Regulations governing the examination process for becoming an Advocate-on-Record at the Supreme Court. Advocates-on-Record Examination: The examination conducted for advocates to become Advocates-on-Record at the Supreme Court. Board of Examiners: The body responsible for conducting and overseeing the Advocates-on-Record Examination. The Secretary of the Board of Examiners receives applications. State of Karnataka: A state in India, referenced in several leading cases listed in Annexure A. Union of India: The Union government of India, a party in many of the listed 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- 238] ubZ fnYyh] c`gLifrokj] vizSy 4] 2019@pS=k 14] 1941 No. 238] NEW DELHI, THURSDAY, APRIL 4, 2019/CHAITRA 14, 1941 SUPREME COURT OF INDIA NOTIFICATION New Delhi, the 1st April, 2019 G.S.R. 287(E).—1. Under Rule 5 (i) and (ii) of Order IV, Supreme Court Rules, 2013 and Regulation 2 of the Regulations regarding Advocates-on-Record Examination made thereunder governing the Examination for Advocates-on-Record, it is hereby notified for the information of all concerned that the next Examination for the Advocates-on-Record will be held in the Supreme Court Premises, New Delhi on 3rd, 4th, 7th & 8th June, 2019. 2. All Advocates who will be completing one year's continuous training on or before 30th April, 2019 are eligible to appear for the aforesaid examination. 3. Applications should reach the Secretary, Board of Examiners, by 22nd April, 2019. The application forms may be obtained from the office of the Secretary on any working day during office hours. No application shall be accepted after 22nd April, 2019. 4. Acceptance of the application is subject to production of requisite certificate of training from an Advocate-on-Record under Regulation 6 of the Regulations regarding Advocates-on-Record Examination. 5. A list of leading Cases with regard to Paper-IV 'Leading Cases' is appended to this Notification as Annexure 'A'. 6. Under Regulation 12 of the Regulations regarding Advocates-on-Record Examination, no application/representation for re-evaluation of answer sheets shall be entertained. Application/representation seeking relief other than in the nature of re-evaluation shall not be entertained beyond a period of 30 days from the date of declaration of the result. 7. In the ensuing examination those who are given roll numbers and who absent themselves in any individual examination paper(s) will be treated as not sufficiently prepared for the examination and will be dealt with under Regulation 5(b) without giving them any further opportunity, and they shall not be permitted to sit for the examination in the year 2020 except for good reason and with the permission of the Chairman of the Board of Examiners. 2022 GI/2019 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 8. Under Regulation 11 (iii) of the Regulations regarding Advocates-on-Record Examination, a candidate who fails in all the papers of the examination shall not be permitted to appear in the next examination. The candidates, who do not appear in all the papers and fail in the papers in which they have appeared, shall be treated to have failed in all the papers including the papers they have not appeared. 9. Under Regulation 11 (iv) of the Regulations regarding Advocates-on-Record Examination, a candidate shall not be allowed more than five chances to appear at the examination. Appearance even in any one of the papers in an examination shall be deemed to be a chance. [F. No. AOR Exam/June/2019] P. K. GERA, Registrar & Secy., Board of Examiners ANNEXURE- ‘A’ REVISED LIST OF LEADING CASES 1. T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481: AIR 2003 SC 355 2. P.A. Inamdar v. State of Maharashtra: 2004 (8) SCC 139 3. Minerva Mills v. Union of India (1980) 3 SCC 625 4. S.R. Bommai v. UOI: 1994 (3) SCC 1 5. L. Chandra Kumar v. UOI: 1995 (1) SCC 400 6. Supreme Court Advocate-on-record Association v. UOI 1993 (4) SCC 441 7. Samsher Singh v. State of Punjab: 1974 (2) SCC 831 8. Bangalore Water Supply & Sewerage Board v. A. Rajappa: 1978 (2) SCC 213 9. Maneka Gandhi v. UOI: 1978 (1) SCC 248 10. A.R Antulay v. R.S. Nayak: 1988 (2) SCC 602 11. Rupa Ashok Hurra v. Ashok Hurra: 2002 (4) SCC 388 12. Indra Sawhney v. UOI: 1992 Supp (3) SCC 217 13. Vishaka v. State of Rajasthan: 1997 (6) SCC 241 14. Pradeep Kumar Biswas v. Indian Institute of Chemical Biology: 2002 (5) SCC 111 15. SBP & Co. v. Patel Engg. Ltd.: 2005 (8) SCC 618 16. I.R Coelho v. State of Tamil Nadu: 2007 (2) SCC 1 17. Ashoka Kumar Thakur v. UOI: 2008 (6) SCC 1 18. CBSE v. Aditya Bandopadhyay: 2011 (8) SCC 497 19. Swamy Shraddananda (2) v. State of Karnataka: 2008 (13) SCC 767. 20. Nandini Sundar v. State of Chattisgarh: 2011 (13) SCC 46 21. Selvi v. State of Karnataka: 2010 (7) SCC 263 22. Amarinder Singh v. Punjab Vidhan Sabha: 2010 (6) SCC 113. 23. State of West Bengal v. Committee for the Protection of Democratic Rights: 2010 (3) SCC 571 24. Kihota Hollohan v. Zachillhu: 1992 Supp (2) SCC 651 25. Centre for Public Interest Litigation v. UOI: 2012 (2) SCALE 180 26. In re: Special Reference No.1 of 2012 2012 (10) SCC 1 27. Mafatalal Industries Ltd. v. Union of India, (1997) 5 SCC 536 28. Vodafone International Holdings BV v. Union of India, (2012) 6 SCC 613¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 3 29. Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 30. Malay Kumar Ganguly v. Dr. Sukumar Mukherjee, (2009) 9 SCC 221 31. M. Nagaraj v. Union Of India (2006) 8 SCC 212 32. Aruna Ramachandra Shanbhaug v. Union Of India (2011) 4 SCC 454 33. Sangeet v. State of Haryana (2013) 2 SCC 45. 34. Society for Unaided Private Schools of Rajasthan v. Union Of India (2012) 6 SCC 1 35. S.P. Gupta v. Union of India 1982 (2) SCR 365 36. Kharak Singh 1964 (1) SCR 332 37. D.K. Basu v. State of West Bengal 1997 (1) SCC 416. 38. Vellore Citizens Welfare Forum v. Union of India 1996 (5) SCC 647 39. Naga People’s movements of Human Rights v. UOI 1998 (2) SCC 109 40. State of Maharashtra v. Sangharaj Damodar Ruparwate 2010 (7) SCC 398 41. Sodan Singh v. New Delhi Municipal Corporation 1989 (4) SCC 155 42. Ms. Githa Hariharan v. Reserve Bank of India 1999 (2) SCC 228 43. Danial Latifi v. Union of India 2001 (7) SCC 740 44. D.S. Nakara v. Union of India 1983 (1) SCC 305 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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