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These rules may be called the Rules of the High Court of Kerala, 1971.
These rules shall come into force on such date as the Chief Justice of the High Court of Kerala may, by notification in the Gazette, appoint and shall apply, as far as may be, to all pending proceedings.
All existing rules in so far as they relate to matters provided for in these rules shall stand repealed.
The forms prescribed by these rules shall be used with such variations as the circumstances may require.
In these rules, unless the context otherwise requires—
In all cases in which any particular number of days not expressed to be clear days is prescribed by these rules, the same shall be reckoned exclusive of the first day and inclusive of the last day, unless the last day falls on a day on which the office of the Court is closed, in which case the days shall be reckoned exclusively of that day also and of any other following day or days during which the office may continue to be closed.
Where, by these rules or by any order of the Court, any step is required to be taken in connection with any cause, appeal, or matter before the Court, that step shall, unless the context otherwise requires, be taken in the Registry.
The powers and authorities which, under these or other rules or the practice of the Court, are exercisable by the Registrar may except such as, from time to time, be expressly excepted by the Chief Justice, be exercised by the Deputy Registrar or by the Assistant RegistrarJudicial.
Where any duty to be discharged under the Code or other enactment or these or other rules is a duty which heretofore has been discharged by any officer, such duty shall, unless and until otherwise ordered, continue to be discharged by the same officer or by such other officer as the Chief Justice may direct; and where any new duty is to be discharged, the proper officer to discharge the same shall be such officer as the Chief Justice may, from time to time, direct.
The Registrar shall have the custody of the records of the Court.
The official seal to be used in the Court shall be kept in the custody of the Registrar.
Subject to any general or special directions given by the Chief Justice, the seal of the Court shall not be affixed to any writ, rule, order, summons or other process save under the authority of the Registrar, or the Deputy Registrar.
The seal of the Court shall not be affixed to any certified copy issued by the Court save under the authority of the Registrar or of the Deputy Registrar.
In the absence of the Registrar, the Deputy Registrar may exercise all the functions of the Registrar.
In addition to the powers conferred by other rules, the Registrar shall have the following duties and powers, subject to any similar act special or general order made by the Chief Justice:
Provided that the Registrar may in discretion refer any proceeding before him for the decision of the Court:
Provided also, that, at the request of any party, the Registrar shall post the matter before the Court.
In addition to the powers conferred under the preceding rule, the Registrar shall, subject to any special or general order that the Chief Justice may make, hear and determine the classes of applications set forth herein:
Provided that the Registrar may refer in his discretion any proceedings before him for the decision of the Court:
Provided also that at the request of any party, the Registrar shall post the matter before Court for orders:
(1) No Advocate shall be entitled to act in any proceeding, unless he files a Vakalath:
Provided that where an advocate already on record in any proceeding appoints another advocate to appear for him at the hearing of the case, it shall not be necessary for the latter to file a Vakalath;
Further provided that an advocate appearing for an accused person in a criminal proceeding may, instead of filing a vakalath, file a memorandum of appearance containing declaration that he has been duly instructed by appeal by/ or on behalf of the accused.
(2) An advocate appearing on behalf of the Central or State Government or on behalf of any public servant sued or suing in his official capacity shall be required to file only a memorandum of appearance.
The memorandum of appearance referred to in the preceding rule shall contain [the name and address of the Advocate, roll number] the number and year of the proceeding, the names of the parties to the same and the name and position in the proceeding of the party for whom the advocate appears.
(1) Every Vakalath shall, unless otherwise permitted by the Court, be in Form No. 1 and may authorise the advocate to appear in subsequent proceedings such as applications for leave to appeal to the Supreme Court, appeals to a Division Bench, etc. The name of the advocate or the advocates if more than one advocate, is appointed, shall be inserted in the Vakalath before it is executed. It shall be dated at the time of its execution and of its acceptance. Its execution shall be attested by a Judicial Officer, a District Registrar, a Sub Registrar, the Chief Ministerial Officer of a Civil or Criminal Court in the State of Kerala, a member of Parliament or of the Legislature of any State in India, the Mayor, Chairman, President, Executive
An advocate proposing to enter appearance in a proceeding for a party for whom there is already an advocate on record, may not do so unless he produces the written consent of such advocate, or, where such advocate refuses his consent, he obtains the special permission of the Court.
Where a person is a party to two or more connected causes he shall execute a separate vakalath in each cause notwithstanding that he may retain the same advocate in all of them.
A party who has retained an advocate in any proceeding shall not be heard in person unless he first withdraws his vakalath.
Every advocate, when appearing before the Court, shall wear such robes and costume as may, from time to time, be prescribed by the Court.
Two or more advocates may enter into a partnership with each other, any partner may act in the name of the partnership provided that the partnership is registered with the Registrar. Any change in the composition of the partnership shall be notified to the Registrar.
An advocate may employ one or more clerks to attend the Registry for presenting or receiving any papers on his behalf:
Provided that the clerk has been registered with the Registrar on an application made to the Registrar for the purpose:
Provided further that the said clerk gives an undertaking that he shall attend the Registry regularly.
Notice of every application for the registration of a clerk shall be given to the Secretary, Kerala Advocates' Association who shall be entitled to bring to the notice of the Registrar, within 7 days of the receipt of the notice, any facts which, in his opinion, may have a bearing on the suitability of the clerk to be registered.
The Registrar may for reasons to be recorded in writing decline to register any clerk, who in his opinion, is not sufficiently qualified, or is otherwise unsuitable to be registered as such, and may for reasons to be recorded in writing, remove from the register the name of any clerk after giving him and his employer an opportunity to show cause against such removal. Intimation shall be given to the Secretary, Advocates' Association, of every order registering a clerk or removing a clerk from the register.
Every clerk shall, upon registration, be given an identity card which he shall produce whenever required, and which he shall surrender when he ceases to be the clerk of the Advocate for whom he was registered. Where a fresh identity card is required in substitution of one that is lost or damaged, a stamped application shall be made for the issue of the same.
No Advocate shall employ as his clerk any person who is a tout.
(1) The Registrar shall publish lists of persons proved to his satisfaction, by evidence of general repute or otherwise, habitually to act as touts to be known as 'list of touts' and may, from time to time, alter and amend such lists.
A copy of every list of touts shall be displayed on the notice board of the Court.
Explanation.—In this Chapter—
(2) No person shall be included in the list of touts unless he has been given an opportunity to show cause against the inclusion o
A registered clerk may communicate personally with the Superintendent on the judicial side, the Examiner and the Accountant; but he shall not communicate with the other subordinate members of the establishment or enter the record room.
Papers sent by post.—Unless the Court otherwise orders, no document required to be presented to or filed into Court which is sent by post or by telegram shall be received or filed into Court.
(1) The office of the Registrar shall be open for the transaction of business from 10 a.m. to 3.30 p.m. on all days except Sundays and holidays. On Saturdays the office shall be closed for money transactions except at 1.30 p.m.
(2) An urgent matter may, however, be transacted after 3.30 p.m. with the permission of the Registrar.
(2) All main proceedings such as Writ Petitions, Writ Appeals, Contempt Petitions, etc., shall be presented to the Court with thick covering sheets of thick durable paper bearing protected holes at the top and bottom left hand corner one inch apart from the outer edges, placed at the top and bottom.
(3) All proceedings shall be presented in book form without folding, neatly stitched in one bunch on the left margin and the pages therein shall be consecutively numbered. In the main proceedings, the thick covering sheets at the top and bottom shall be left unstitched and shall be tied together with other papers by passing removable tags t
Every memorandum of appeal or objection and every application for revision shall contain a statement of the value of the appeal or the value of the suit or the suit or proceeding giving rise to the appeal, for the purpose of court fee and jurisdiction. Every revision petition shall state the value of the suit or other proceeding from which it arises. The section of the Court Fees Act under which the appeal, the petition or other proceeding falls shall also be stated.
(1) Whenever under the Code or under these rules or any other law for the time being in force, any proceeding filed in Court has to be signed by any party, he shall subscribe his name beneath or against his signature:
Provided that when the signature consists of his name, it is not necessary that the name should be repeated, but if the name is not easily decipherible from the signature the name shall be legibly written.
(2) Every proceeding filed in Court shall be dated the day it is signed as also the day it is presented in Court.
All papers presented in Court shall be date stamped immediately they are received.
(1) The Superintendent in the court-fee section shall, on receiving any document which is stamped, cancel the same with his initials and date and shall also note on the top of the documents the total value of the stamp the document bears.
(2) Every document received by the Court, shall be cancelled in the immediate presence of the said Superintendent by punching out the insignia of the State in the stamps in such manner to leave the amount designated on the stamps untouched.
Every memorandum of appeal or other proceeding which is presented after the expiration of the time limited by law, shall be accompanied by a petition to excuse the delay and as many copies thereof as there are respondents to be served and by two additional copies for the use of the Court, by the fees prescribed for service of notice of the petition on the respondents and by the particulars for service as in Form No. 3.
(1) When an appeal against an appellate decree or order has been disposed of by a Single Judge an application for a declaration that the case is a fit one for further appeal under Section 5 of the Kerala High Court Act, 1959, may be made orally immediately after the judgment is delivered
(2) If no oral application is made as aforesaid a written application may be made within 15 days from the date of the judgment. Such application shall be accompanied by a copy of the judgment.
(3) The application shall be posted before the Judge who passed the judgment and he may, after hearing the applicant or his advocate, either allow or dismiss the application.
(4) Where the application is granted, the applicant shall present the appeal together with a copy of the order granting the application within 30 days from the date of the order.
(5) The provisions of Orders XLI and XLIA of the Code shall apply, as far as may be, to appeals presented under this rule.
(6
Where no period of limitation is prescribed by any other law, a revision petition shall be presented within ninety days of the order complained of. The provisions of Sections 5 and 12 of the Limitation Act, 1963, shall apply to such petitions.
A revision petition shall be accompanied by a certified copy of the order or decree sought to be revised, a certified copy of the judgment, if any, on which the decree or order is based, a certified copy of the judgment or order, if any, of the Court or tribunal of the first instance, one additional set of typewritten
Explanation.—The expression "proceeding" shall include complaint, F.I.R. charge or order as the case may be.]
(1) The provisions of Rules 11(2), 17, 18, 19 and 21 of Order XLI of the Code as modified by Order XLIA shall apply mutatis mutandis to civil revision petitions.
(2) Provisions regarding abatement.—The provisions of Order XXII of the Code and the Limitation Act, 1963, relating to abatement shall apply to civil revision petitions.
The memorandum in second appeals, civil miscellaneous appeals and civil revision petitions shall contain a brief statement of the facts of the case and shall set forth the grounds of objection to the judgment or order appealed against or sought to be revised.
Notwithstanding the provisions of Rules 41, 45, 48 and 148 in matters which require orders admitting the same, the copies to be produced for service on the respondents and the fees for service of notice may be presented within seven days of the order admitting the matter:
Provided that any interim order passed in the case shall not be communicated to the concerned court or tribunal or the respondents, until the process fees and the necessary papers have been filed for service on the respondents, both in the main and in the interlocutory matter.
Every proceeding instituted prior to the disposal of the main proceedings in a subordinate court shall mention, as far as possible, the names and addresses of the pleaders, if any, who represented the opposite parties in the subordinate court for effecting service under Rule 59.
All papers which are couched in improper language or are illegible or are unnecessarily prolix shall be returned for rectification.
Explanation.—Rules written in pencil shall be deemed to be illegible for the purpose of this rule, unless they be the originals received by the party.
[The Chief Justice may from time to time issue practice directions for electronic payment of the category of cases and the said directions shall be effective from the dates as may be notified.]
[(1) Unless otherwise ordered, every notice shall be sent, in the first instance, to the address of the respondent given in the memorandum of appeal or petition, as the case may be, by means of registered post, acknowledgement prepaid. An acknowledgement purporting to be signed by the respondent shall be deemed to be sufficient proof of service of such notice
Provided that where the notice was properly addressed, prepaid and duly sent by registered post, acknowledgem
Explanation—A servant is not a member of the family within the meaning of this rule.
Where the respondent or his agent or such other person refuses to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence, cannot find the respondent who is absent from his residence at the time when the service of notice is sought to be effected on him at his residence and there is no likelihood of his being found at the residence within a reasonable time and there is no agent empowered to accept service of the notice on his behalf, nor any other person on whom service can be served, the making officer shall affix a copy of the notice on the outer door or some other conspicuous part of the house in which the respondent ordinarily resides or carries on business or personally works for gain, and shall then return the original to the court with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was i
(1) Where the Court is satisfied that there is reason to believe that the respondent is keeping out of the way for the purpose of avoiding service, or that for any other reason the notice cannot be served in the ordinary way, the court shall order the notice to be served by affixing a copy thereof in some conspicuous place in the court, and also upon some conspicuous part of the house, if any, in which the respondent is known to have last resided or carried on business or personally worked for gain, or, in such other manner as the court thinks fit.
(2) Where the court acting under sub rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the respondent is last known to have actually and voluntarily resided, carried on business or personally worked for gain.
(3) Service substituted by order of the court shall be as effectual as if it had been made on the respondent personally.
(4
If any notice is returned unserved, that fact and the reason therefor shall be notified on the notice board of the Court. Within 15 days thereafter, except when the notice has not been served because the respondent concerned is dead, the party or his advocate shall deposit a further fee for service of a fresh notice with particulars for service of such notice.
In references under the provisions of the Divorce Act and the Stamp Act no fee shall be charged for the issue of notices to any of the parties to such references.
(1) In cases where processes have to be issued, the parties shall along with the process memorandum file printed forms of processes in duplicate, legibly filled up leaving the date for appearance and the date of the process blank.
(2) The parties or their advocates shall sign in the form in the left bottom corner and shall be responsible for the accuracy of the entries.
(3) When orders for the issue of the process are passed, the date fixed for appearance shall be inserted in the form by the concerned section, striking out the portions of the form which do not apply.
(4) The process shall be dated and signed by the Superintendent of the concerned section, and sealed with the seal of the Court.
(5) Printed forms will be supplied by the office on payment of
Process fees shall be levied at the rates prescribed from time to time under the Court Fees Act.
Where in any petition, appeal or other proceeding appearance has been entered for the opposite party by an advocate before notice is served, a copy of the notice shall be served by the office on the advocate immediately on his entering appearance. Such notice shall for all purposes be deemed to be notice to the party.
(1) In an appeal from a preliminary decree or in any appeal, or other proceeding instituted in the High Court before the disposal of the main proceeding in the Subordinate Court, notice may be served on the pleader who represents the party in the proceeding in the Subordinate Court and such service shall be deemed to be sufficient service on the party who is represented by such pleader. Where a party is not represented by a pleader in the main proceeding, notice shall be served on the party directly.
(2) Where the pleader on record for a party declines to receive such notice, the case shall be posted before Court for orders.
When the fees required for service of notice on the opposite party have not been paid within the time prescribed the case shall be posted for orders of the Court.
On an application of an interlocutory character presented in any Revision Petition, if an interim order is passed with a direction to issue notice to the respondents in the application, notice shall be issued simultaneously fixing the same hearing date both in the application and in the Revision Petition on payment of a single process fee in respect of respondents common to both the proceedings.
Unless otherwise ordered, the day fixed for hearing shall be not less than 14 days from the date of presentation of the petition and the case shall be posted for hearing not earlier than seven clear days after the notice has been served.
Unless otherwise ordered by the Court or provided for by these rules, where notice has been ordered, the party shall pay the prescribed fees for service of notice within three days after the date of the order. If an interim order has been made upon the application, it shall not be issued until the prescribed fees have been paid.
An application with respect to any of the matters mentioned in these rules shall be made by a petition to the Court stating the relief sought and the order prayed for and the provision of law under which it is sought. Any evidence thereon shall be given by affidavit.
(1) If notice of the application is to be given the applicant shall pay the prescribed fee for the service of notice on the respondent and shall also file a copy of the petition and affidavit, if any, and thereupon the notice and copy of the petition and affidavit shall be served in the same manner as notice of appeal provided that if the respondent has already entered appearance through an advocate notice may be served by serving a copy of the application on the advocate.
(2) Unless the Court otherwise directs, notice need not be given to a party who has been served in the main case but has not entered appearance.
(1) A party wishing to move an application urgently shall file a memorandum for the purpose giving notice thereof to counsel for such of the other parties as have appeared by counsel.
On the day fixed for hearing for hearing appears that notice has not been served given owing to the default of the applicant, the Court may order fresh notice to be issued or may dismiss the application.
(1) In any proceeding in which a substantial question of law as to the interpretation of the Constitution is involved, the Court may direct issue of notice of the proceeding—
(2) The Court may also direct issue of notice of any other proceeding to the Advocate-General.
(3) The Attorney-General or the Advocate-General to whom notice is given may appear and take such part in the proceeding as he may be advised.
(4) The Attorney-General or the Advocate-General may apply to be heard in any proceeding before the Court, and the Court may, if, in its opinion, the justice of the case requires, hear the Attorney-General or the Advocate-General, subject to such terms as to costs as the Court may deem fit.
Every application for the appointment of guardian for a minor respondent shall be supported by an affidavit stating that the proposed guardian has no interest in any matter in question in the proceeding adverse to that of the minor. No order shall be made on the application unless notice thereof has been duly served upon the father or guardian of the minor or upon the person with whom the minor resides, 7 clear days before the day named in the notice for the hearing of the application.
An application for the appointment of a guardian ad litem shall not be combined with an application for bringing on record the legal representatives of a deceased appellant, petitioner or respondent.
When a guardian ad litem of a minor respondent is appointed, and it appears to the Court that the guardian is not in possession of any or sufficient funds for the conduct of the case on behalf of the respondent, and that the respondent will be prejudiced in his defence thereby, the Court may, from time to time, order the appellant or petitioner to advance moneys to the guardian for the purpose of his defence, and all moneys so advanced shall form part of the costs of the appellant or the petitioner. The order may direct that the guardian do, as and when directed, file in Court an account of the moneys so received by him.
Every affidavit shall be entitled "In the High Court of Kerala" and shall set forth the cause title of the appeal or other matter in which the affidavit is sought to be filed. An affidavit in support of, or in opposition to, an interlocutory application relating to a pending appeal, petition or other proceeding shall also be entitled as made in such appeal, petition or other proceeding.
Every affidavit shall be drawn up in the first person and be divided into paragraphs numbered consecutively; and each paragraph, as nearly as may be, shall be confined to a distinct portion of the subject-matter.
Every affidavit shall state the full name, age, description and place of abode of the deponent, and shall be signed or marked by him. Where the affidavit covers more than one page, the deponent shall sign every page. The description shall include the father's or Karnavan's or husband's or mother's name and such other particulars as may be necessary to identify the person.
Alterations, erasures and interlineations shall, before an affidavit is sworn or affirmed, be authenticated by the persons before whom the affidavit is signed, and no affidavit having therein any alteration, erasure or interlineation not so authenticated, shall, except with the leave of the Court, be filed or made use of in any matter.
Affidavits may be sworn or affirmed before any judicial officer, a District Registrar or Sub Registrar, the chief ministerial officer of any civil or criminal court in the State of Kerala, a member of Parliament or of the Legislature of any State in India, the Mayor, Chairman, President, Executive Authority or a member of any Municipal Corporation, Municipal Council, or other local authority in India, a gazetted officer serving in connection with the affairs of the Union or of any State in India, a commissioned officer in the Defence Forces of India, or an Advocate.
The person before whom an affidavit is sworn or affirmed shall state the date on which, and the place where the same is made, and sign and under his name and designation at the end as in Form No. 4.
Where an affidavit is sworn or affirmed by any person who appears to the person authenticating the affidavit to be illiterate, blind, or unacquainted with the language in which the affidavit is written, the person authenticating shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent, that the deponent seemed to understand it, and made his signature or mark in the presence of the person authenticating as in Form No. 5.
(1) If the deponent of an affidavit is not known to the person authenticating the same, the identity of the deponent shall be caused to be testified by any person known to him, who shall attest the signature or mark of the deponent in token thereof.
(2) Where the deponent is a paradanashin lady she shall be identified by a person to whom she is known and that person shall verify the identification by a separate affidavit.
Documents mentioned in and accompanying an affidavit shall be referred to as exhibits and shall be marked in the same manner as exhibits and shall bear a certificate as in Form No. 6 signed by the person before whom the affidavit is sworn or affirmed.
Every affidavit stating any matter of opinion shall show the qualification of the deponent to express such opinion, by reference to the length of experience, acquaintance, with the person or matter as to which the opinion is expressed or other means of knowledge of the deponent.
Every affidavit shall clearly express how much is a statement of the deponent's knowledge and how much is a statement of his belief, as in Form No. 7. The grounds of belief must be stated with sufficient particularity to enable the Court to judge whether it would be safe to act on the deponent's belief.
Except with the leave of the Court, no affidavit which has not been filed in Court and of which copy has not been given to the
The parties to whom copies of affidavits have been given shall be entitled to file counter-affidavits, copies of which shall be given to the
A person desiring to make a search of the records of the Court for the purpose either of inspection or of obtaining copies of records, shall submit an application for the same as in Form No. 8.
A separate application need not be presented in respect of enclosures or annexures to a document or in respect of each document for which a search is required, if the documents are in the record of a single proceeding.
When leave has been granted, the advocate, his authorised assistant or the party in person may search the record in the presence of the Record-keeper or his assistant.
The fee for a search shall be two rupees for every hour or part of an hour and it shall be paid in court-fee stamps affixed to the application.
The payment of fees for a search will entitle the applicant to read the document or to have it read to him. But it shall not entitle him to take a copy of the document or any part thereof or to take extracts therefrom. He shall, however be entitled to make a memorandum of the date, the nature of the document and the name of the parties thereto.
Nothing in these rules shall entitle any person to inspect:
Cases which have become ready for hearing shall be so notified on the notice board of the Court and shall be sent to the Bench for hearing only after the expiration of the following periods, unless otherwise ordered:
Part-heard cases, referred trials, cases in which the accused persons have been produced in Court, cases in which reports have been called for or findings have been submitted, cases which have been directed to be posted to a specific date or on the expiry of a specified period and cases in which the hearing has been directed to be expedited or advanced shall be included at the top of the daily cause lists, subject to any special or general directions given by the concerned Bench or Judge.
An application for the early posting of a case shall be made by petition, notice of which shall be given to the Advocates appearing in the case.
The following classes of cases shall be got ready and posted for hearing expeditiously:
Before the date of hearing, counsel shall exchange lists of authorities they propose to cite, unless the Court approves that, at the same time, a copy thereof be filed in Court, and, unless the Court approves the latter, no authority other than those appearing in the lists shall be cited.
Where, in any case, a finding, as called for, has been received from a subordinate court, notice thereof shall be given to the Advocates appearing in the case. Any party objecting to the finding shall file a memorandum to that effect within 14 days of the receipt of notice and serve a copy thereof on the other advocates appearing in the case.
If a matter is urgent and the Bench before which it ought to be moved is not sitting, the party may apply to the Chief Justice for permission to move the same before another Bench and the Chief Justice may issue the necessary orders in that behalf.
(1) Notwithstanding anything contained in these rules, unless otherwise ordered by the Court, every notice in the cases arising under Article 226 or Article 227 of the Constitution of India, or under Section 115 of the Code of Civil Procedure, 1908 (Central Act V of 1908) or under Sections 401, 407 and 482 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) seeking to challenge or stay or transfer the lower court proceedings, including execution proceedings and investigations of criminal cases, shall be sent as returnable within a period not exceeding two weeks.
(2) Unless otherwise ordered by the Court, the proceedings in such cases referred to in sub rule (1), after the date fixed for the appearance of the respondent, shall be heard on a day-to-day basis till their disposal.
(3) The Court hearing the cases shall endeavour to dispose of the same within two months and unless otherwise ordered by the Court, interim orders, if any, granted in such cases, sha
In appeals from original decrees (excluding orders having the force of decrees) the following papers shall be printed or typed at the cost of the appellant and shall form the paper book:
In Second Appeals (excluding Second Appeals from orders having the force of decrees) the following papers shall be printed or typed at the cost of the appellant to form the paper books:—
A memorandum of cross objections shall be printed or typed at the cost of the objector and be attached to the paper book in the appeal.
(1) If a party desires that any paper, not covered by Rules 98, 99 or 100 should be printed, he may file a list of such papers together with true copies of the papers to be printed and such papers will be printed at his cost.
(2) Such lists and copies shall be filed, if the applicant is the appellant, within 30 days of the admission of the case or if he is a respondent within 30 days of the service of notice on him:
Provided that, when a memorandum of cross objections has been filed, the appellant may file the list with the copies within 15 days of service of the copy of the memorandum on him:
Provided further that the Registrar may, at any time, order the printing of any paper, on application made by a party, without prejudice to the posting of the case.
A copy of the list mentioned in the preceding rule shall be served on the advocates appearing in the case and it shall be open to them to object to the inclusion of any papers on the ground that the said papers are unnecessary for the decision of the case. The Court may disallow any portion of the printing charges if the final objection is found to be tenable at the final hearing of the case.
Papers, the printing of which is compulsory and papers which are printed under Rule 102 shall be printed in separate paper books.
When an application is made for the printing of any document not on the record with a view to its admission in evidence, the printing may be ordered by the Registrar at the cost of the applicant without prejudice to the posting of the case.
At the hearing of a case, the Court may refuse to permit either party to refer to or to rely on any paper not included in the record prepared in accordance with these rules.
The paper book shall be printed or typed on substantial white foolscap paper with an outer margin of about 5 cm. and an inner margin of about 2.50 cm. and separate sheets shall be stitched together bookwise. The pages shall be consecutively numbered, and printing shall be on both sides of the pages. Numbers shall be expressed in figures. Every tenth line on each page shall be numbered. Manifolding paper may be used for typing in which case typing paper shall be only on one side.
Printed paper books shall, unless the Court otherwise directs, be prepared by the Court. Typewritten paper books shall be furnished by the parties.
In the case of printed paper books ten copies shall be prepared and in the case of typewritten paper books four copies shall be supplied. All paper books supplied by a party shall be authenticated by his advocate or if he has no advocate, by the party himself.
Of the ten copies of the printed paper books, two shall be given to the party at whose cost it is printed and five retained for the use of the Court. The remaining three copies may be distributed free of cost among the opposite parties according to the directions of the Registrar.
Where a document is a plan, two copies thereof shall be prepared for the use of the Court at the cost of the party wishing to use it. If a case is posted before a Full Bench, an additional copy shall be prepared at the cost of the party. Copying charges as fixed by the Registrar shall be paid in advance. *[No copying charges shall, however, be collected from any party, who has been allowed the benefits of the rules relating to legal aid to the poor.]
(1) Where more appeals than one are preferred against the same decree or order, the cost of printing the appeal memorandum shall be borne by the respective appellants and the remaining cost shall be equally apportioned among them.
(2) The provisions of sub rule (1) shall, as far as may apply, be apply in the case of connected appeals preferred from the decrees in connected or cross suits.
True copies of the papers which are to be printed compulsorily shall be produced by the party concerned within 30 days of the filing of the appeal or other proceeding, provided, however, that in cases requiring admission, the period may be calculated from the date of admission of the case.
A request for preparing copies of plans under Rule 111 shall be by letter addressed to the Registrar and it shall be made within the period mentioned in Rule 113.
If the copies produced under Rule 113 are not certified copies, they shall be authenticated as true copies by the party or his advocate; such copies shall be written or typed neatly and accurately and on one side of the paper only.
Along with the authenticated copies, comparing fees at the rate of five paise per page shall be produced by the parties, but no fees shall be levied for certified copies. *[No comparing charges shall, however, be collected from any party, who has been allowed the benefits of the rules relating to legal aid to the poor.]
If the copies produced are not authenticated or if they are not neat, legible or accurate, they shall be returned to the parties who shall, within seven days of the return, produce fresh copies, without defects. A party, failing to do so, shall be deemed to be in default.
The original papers shall not be sent to the printer, but only the copies produced by the parties, after comparison with the originals.
Printing charges including the cost of paper shall be fixed by the Registrar at the rates sanctioned by the Chief Justice. These rates, which are liable to be revised from time to time, shall be published in the Gazette and on the court's notice board.
The printing charges shall be calculated on the basis of a uniform rate per page of 50 lines of printed matter approximating to 700 words whether it be in English or Malayalam or Tamil, 25 lines and more being reckoned as a full page and less than 25 lines as half a page.
For printing the records of Appeals to the High Court.
| Description | ₹ P. |
|---|---|
| Per page (Foolscap Form—50 lines per page for 10 copies) | 09.00 |
| Per page for every additional copy above 10 copies | 00.20 |
For printing the records of Appeals to the Supreme Court.
For Civil Appeals.
| Description | ₹ P. |
|---|---|
| Per page (Demi Quarto Form—44 lines per page—for 26 copies) | 10.00 |
| Per page for additional copies above 26 copies | 00.50 |
For Criminal Appeals.
| Description | ₹ P. |
|---|
For tabular statements, genealogical trees and the like, an additional charge amounting to one-third of the rates calculated under Rule 20 shall be levied.
Papers that are in English shall be printed in English and those in Malayalam in Malayalam. In the case of papers in other languages, the translation of the same in English prepared under Rule 110 shall be printed.
Printing charges shall be called for, by notice on the notice board of the printing section, soon after the necessary copies have been produced by the parties. The charges called for shall be paid within 15 days of the notice.
A person paying money into Court for printing charges shall apply by letter to the Registrar to receive the printing charges, giving the number of the case, the case title, and the amount of printing charges to be deposited. The printing section shall verify the particulars given in the letter and forward it to the accounts section with the order of the Registrar to receive payment. The payer shall then pay the money to the Accountant.
Upon payment of the printing charges under the preceding rule, a receipt shall be issued by the Accountant and the fact of payment intimated to the printing section.
Any balance that may remain, after meeting the printing charges in a case, shall be refunded to the party or to his advocate, if authorised. The payment shall be deferred if there are other dues outstanding against the party in that case or in any other case in which he is a party. Every application for refund shall be supported by an affidavit as to whether or not dues as aforesaid are outstanding.
On receipt of the printed papers, the printing section shall transmit 5 copies to the current records section and retain the remaining copies for distribution as provided in Rule 110. If typed copies are supplied by the parties, they shall be transmitted to the current records section.
(1) Any application, for obtaining a certified copy of any proceeding or judgment or document filed in or in the custody of the Court, shall be filed in Form No.9, either in person or by online process after paying the requisite fees prescribed under Rule 137 by electronic payment (e-payment).
(2) An application not accompanied by the requisite fees shall be rejected.
The Chief Justice may from time to time issue practice directions regarding any of the matters contained under this Chapter.
When copy applications are returned for rectification of defects, a time limit of seven days shall be fixed for their re-presentation. Defective applications which are not rectified within the period fixed shall be struck off by the Assistant Registrar (Judicial).
(1) A party shall be entitled to obtain a copy of any proceeding or judgment or document filed in, or in the custody of the Court by presenting an application.
(2) Where the State Government or the Central Government is a party, a copy of the judgment may be issued to the State Government or the Central Government, as the case may be, by the Registry, free of cost without levying copying charges, on receipt of an online application.
(3) Copies of Judges' minutes or of correspondence and other papers, not strictly judicial, will be granted only under orders of the Court.
(1) A person who is not a party to the proceedings is entitled to copies of judgments and decrees on presenting an application.
(2) A person who is not party to the proceedings is entitled to copies of other records of the proceedings of the case in the High Court, only on the orders of the Court, A person who requires such copies shall file an affidavit along with a duly verified petition in the Court stating the purpose for which the copy is required. On orders of the Court, certified copies shall be issued, on receipt of the application.
(1) A party to the proceedings in the Subordinate Courts, who requires copies of the documents including copies of maps, plans, genealogical trees etc., which form part of the records of the Subordinate Courts, shall file a duly verified petition before the Registrar (Judicial) setting forth the necessity and the reason as to why the copy was not obtained from the Subordinate Court. On orders of the Registrar (Judicial) the certified copies shall be issued:
Provided that when the copies applied for cannot be copied on ordinary paper, they shall be prepared with the help of skilled labour employed for the said purpose.
(2) The Registrar (Judicial) shall fix the balance copying charges including the amount to be paid for the skilled labour and the party who requires the copies shall pay the amount so fixed. The court shall prepare the copy only on payment by the party the balance amount so fixed.
A single application containing all the details need be filed, if a person requires more than one document in a particular case. But for each document, the copying charges shall be paid separately.
The authorised officer shall intimate the date for appearance to receive the copy in the e-mail address of the applicant. The authorised officer shall also notify the date for the appearance to receive the copy, on the notice board in the section.
The certified copies, if not received by the applicant within 30 days from the date of intimation/notification, shall be destroyed.
Copying charges for certified copy of judgments and other documents shall be as fixed by the Chief Justice from time to time which shall be notified and published in the official website of the High Court of Kerala.
(1) Every certified copy furnished by the Court, shall be certified to be true copies by the officer authorised for the purpose and shall be sealed with the seal of the Court.
An application under Article 226 or under Article 227 44[or under Article 228] shall be by original petition to be entitled "ORIGINAL PETITION No. ...............OF......................................." and shall be filed by the petitioner or his duly authorised advocate:
Provided that, in case of an application for a Writ of Habeas Corpus, the application may, if the applicant is in jail, be presented to the officer in charge of the jail for being forwarded to the Registrar.
46[Every application shall set out the provision of the law under which it is made, the name and description of the petitioner and the respondent, a clear and concise statement of facts, the grounds on which the relief is sought and the relief sought shall be signed by petitioner and by his Advocate, if he has appointed one, as in Form No. 10.]
47[Provided that no petition shall be entertained by the Registry unless it contains a statement as to whether the petitioner had filed any petit
49[Notwithstanding anything contained in these rules, the Court may direct the petitioner in a Public Interest Litigation to pay such sum as may be fixed by the Court as compensation or costs to all or any of the respondents, in the event of the litigation being found to be vexatious, frivolous or mala fide.]
(1) The application shall be accompanied by:
51[Explanation.—The word "order" used in clause (b) does not include proceedings in B diary or the gist of the order extracted from the B diary].
(2) The copies of the document filed under sub rule (1) shall be authenticated as true copies by the advocate, and, if there be no advocate by the party.
52(3) Two authenticated copies of the application, the affidavit and the annexures thereto for the use of the Court, and in petitions where the State is a respondent, two more copies of the applications, the affidavit and the annexures thereto for the use of that respondent.]
53[
54[More persons than one may join in one writ petition as petitioners in whom any right to relief in respect of or arising out of the same act act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons present separate writ petitions, any common question of law or fact would arise provided that each person joining in such writ petition shall pay the court-fee payable under Article 11(r) of Schedule II of the Kerala Court Fees and Suits Valuation Act, as if each of them had filed a separate writ petition.]
All persons directly affected shall be made parties. Where such persons are numerous, one or more of them may, with the permission of the Court on application made for the purpose, be impleaded on behalf of or for the benefit of all persons so affected; but notice of the original petition shall, on admission, be given to all such persons either by personal service or by public advertisement as the Court in each case may direct.
55[Provided that in cases where the State Government is a party, the Secretary to the Government Department concerned shall be arrayed as party representing the Government.]
Provided further that if the subject-matter of the petition relates to two or more Government Departments or, if the petition is of such a nature, the disposal of which warrants information from two or more Government Departments, the Chief Secretary to Government and the Secretaries to those Government Departments shall be made as party representing the Government.]
56[An application under Article 226 or 227 57[or 228]of the Constitution, in which the Central Government or the State Government is a party, shall not be moved, unless the court otherwise directs, without serving a prior notice with a copy of the application on the previous day before 4 p.m. and in case where motion is made on the same day before 12 noon on that day, on the Central Government Standing Counsel or the Advocate General.]
58[Every petition shall, soon after it is numbered, be posted for order of Court for admission. The Court may, upon hearing the petitioner or his advocate, either admit the same or reject it. On admission notice shall be ordered to the respondents. Where notice has been ordered, the petitioner shall furnish as many copies of petition, affidavit and annexures thereto as there are respondents, forthwith, unless the Court otherwise directs. Where the petition stands disposed of on admission with direction to any one or more of the respondents, petitioner shall furnish as many copies of petition, affidavit and annexures thereto as there are respondents against whom direction is issued.]
59[(1) In admitting the application, it shall be competent for the court to pass interim order on motion made for the same so as to meet the ends of justice.
(2) Any motion for interim relief at the time of admission may be made in the application under Article 226 or 227 60["or 228"] of the Constitution itself in the relief portion:
*[Provided that any motion for an interim order seeking stay of collection of tax, duty or revenue should not be made, unless the Judge otherwise directs, without serving a prior notice with a copy of the application under Article 226 of the Constitution or copy of the interim application, if such interim application is separately moved, on the previous day before 4 p.m. and in cases where the motion is made on the same day before 12 noon on that day, on the Advocate General, Central Government Standing Counsel or the Standing Counsel for the Income Tax Department as the case may be:]
Process Fees.—Except in the case of a petition for a Writ of Habeas Corpus, the petitioner shall pay the necessary process fee for service of notices and orders on the respondents.
(1) The Court may order notice of the petition to any person not made party thereto.
(2) At the time of the hearing of the petition for the petition in the matter and appears to the Court to be a proper person to be heard, may be heard, notwithstanding that he is not a party, but subject to such conditions as to costs or otherwise as the Court may deem fit to impose.
(1) Any respondent filing a written objection to the application shall file it in the form of a counter-affidavit, and such objection shall, unless the Court otherwise orders, be filed within three months of the receipt of the notice of the application in the case of the Central or State Government and within one month in other cases.
(2) The objection shall be accompanied by a schedule of the documents relied on with copies of such of those documents as are in his possession.
(3) The copies of documents filed under sub rule (2) shall be authenticated as true copies by the advocate and if there be no advocate, by the party.
Copies of pleadings, petitions, applications and affidavits, counter-affidavits, reply affidavits and rejoinders shall be served on all the parties appearing in the case, through counsel or otherwise, except when the Court, by order, exempts from doing so.]
Proof of facts and documents.—Proof of facts and documents shall be tendered by affidavit.
New ground or relief not to be raised.— No ground shall be relied upon and no relief sought at the hearing except the grounds taken and reliefs sought in the Original Petition and the accompanying affidavit:
Provided that the Court may, at the hearing allow the said petition and affidavit to be amended upon such terms as to costs or otherwise as the Court thinks fit.
(1) The petitioner shall, within 15 days of a petition appearing in the ready list, produce 6 copies of a printed or typed paper book containing the following papers, arranged in that order:
(2) The pages shall be consecutively numbered. Manuscript copies may be furnished of documents which are not in English. Plans and Schedules of property need not be included in the paper book.
(3) Three copies of the paper book will be reserved for the use of the Court. The remaining three copies may be distributed free of cost among the opposite parties according to the direction of the Registrar.
(1) In all proceedings to which these rules apply, and in appeals therefrom, the Court may make such order as to costs and security as it may consider just and necessary.
(2) Where costs are awarded to a party, such costs may include the court-fees paid on the petition and other documents under these rules the cost of making copies of the petition, affidavit etc., which are furnished to the Court and which by these rules are required to be served on the opposite party or parties the cost of the paper book and the Advocate's fees allowed for the copies.
Communication of orders.— Any order passed by the Court shall be communicated for compliance to such person or persons as may be necessary.
Affidavit in a Writ of Habeas Corpus.—An application for a writ of Habeas Corpus shall be accompanied by an affidavit of the person restrained stating that the application is made at his instance and setting out the nature and circumstances of the restraint:
Provided that, where the person restrained is unable, owing to the restraint, to make the affidavit, the application shall be accompanied by an affidavit to the like effect made by some other person and the affidavit will state the reason why the person restrained is unable to make the affidavit himself.
Issue of Rule Nisi.—If the Court is of opinion that a prima facie case for granting the petition against whom the order is sought, a rule nisi shall be issued, to appear on a day to be named therein, to show cause why such order should not be made and at the same time to produce in Court the person or persons alleged to be illegally or improperly detained to be dealt with according to law. Copies of the application and the affidavit shall be served on each of the respondents along with the notice.
Procedure on final hearing.—On the return day of such rule, or on any day to which the hearing thereof may be adjourned if no cause is shown, or if cause is shown and disallowed, the Court shall pass an order that the person or persons improperly detained shall be set at liberty. If cause is shown, the rule shall be discharged. The order for release made by the Court shall be a sufficient warrant for any gaoler, public official or other person for the release of the person under restraint.
Forms.—Form Nos. 11 to 22 shall be used wherever appropriate.
(1) Where no formal application has been made to the Court, cases of contempt of subordinate courts and, except of where they are summarily disposed of, the High Court, shall be dealt with on the administrative side in the first instance. If it is decided that a formal application for contempt should be made, the papers will be forwarded to the Advocate General who shall make such an application.
(2) Nothing in this rule shall be deemed to preclude the Court from proceeding suo motu, if it thinks fit.
Application for punishment for contempt.—(a) An application for punishment for contempt shall be registered as an Original Petition (Contempt).
The application shall be posted before a Bench of two Judges in accordance with the directions of the Chief Justice.
A copy of the application of the memorandum of charges and of the affidavit shall accompany the notice to be served upon the party in contempt.
If the party in contempt cannot be arrested by reason of his absconding or keeping out of the way to avoid arrest, the Court may, upon being satisfied thereof, order attachment of his property for such amount as the Court deems reasonable and proceed to realise the amount in the same manner as upon execution of a decree for money and pass such orders as to the disposal of the amount whether by confiscation or by payment of compensation to any party aggrieved or otherwise as it thinks fit. If after such attachment, the party in contempt appears and shows to the satisfaction of the Court that he did not abscond, or keep out of the way to avoid arrest, the Court may release the property from the attachment, or if it has already been sold, direct payment of the net proceeds of the sale to the party upon such terms as to costs and otherwise, as the Court thinks fit.
Every person arrested for contempt shall be brought before the Court forthwith, and may be examined orally. If he confesses the contempt committed by him, and submits to the judgment of the Court thereon, his submission and confession shall be recorded and the Court may, in its discretion, either commit him to jail or accept bail for his appearance before the Court, at such time as may be appointed to receive the judgment of the Court for his contempt.
The Deputy Registrar shall draw up the orders made on the application and take the necessary steps for enforcing them.
The Deputy Registrar may grant applications for certified copies of proceedings subject to the payment of the prescribed charges.
All appeals except those preferred from jail or in which the prisoner has been sentenced to death and all revision petitions shall be posted for admission soon after they are filed.
No application for transfer, in previous which notice is prescribed by the Code, shall be moved unless 24 hours notice has been given to the State Prosecutor.
Notices in criminal cases shall be served on the parties personally unless they are represented by an advocate in which case notice shall be given to such advocate:
Provided that, when admitting on admitting a criminal appeal or revision petition presented by an advocate, the Court directs notice to issue to a party to show cause against enhancement of sentence, notice shall be served on the appellant or petitioner in person:
In cases transmitted to the High Court under Section 374 of the Code, notice shall be issued to the State Prosecutor to appear in the cases on the behalf of the prosecution.
Notices for service on parties in jail shall be forwarded to the officer-in-charge of the jail and an endorsement by the officer that the notices were duly served shall be taken as proper service.
(1) Printed or typewritten paper books shall be prepared by the office of the Court in referred trials and cases taken up for enhancement of sentence to one of death.
(2) 10 copies of the book, if printed and four copies, if typewritten shall ordinarily be prepared.
(3) One set each of the paper book shall be given to the State Prosecutor and the Advocate for the accused and two copies shall be kept for the use of the Court.
An order on a reference under Section 374 of the Code shall be certified to the Court of Session on the same day on which judgment is pronounced.
(2) In places where there is no facility for electronically receiving the judgments or Orders, a hard copy of the same shall be communicated.]
Where, in any of the following cases, the judgment cannot be certified to the Lower Court on the day on which it is pronounced, an order drawn up in conformity with the judgment shall be certified on the day on which the judgment is delivered or the next working day.
In cases where a certificate under Article 132 or Article 134 of the Constitution is granted to a person under sentence of death, the date of the issue of the certificate shall forthwith be intimated to the Government and the Superintendent of the jail in which the prisoner is confined.
Every order and judgment relating to a magisterial enquiry or trial shall be communicated to the Magistrate or Magistrates concerned through the District Magistrate in the absence of special urgency.
(1) An Advocate shall be engaged at the cost of the State to defend an accused person who has not engaged an Advocate and who is under sentence of death or has been called upon to show cause why a sentence of death should not be passed on him or in an appeal filed under Section 417 of the Code where a sentence of imprisonment is impossible.
(2) In other cases, an advocate may be engaged at the cost of the State, if the Court considers it necessary in the interest of justice.
(3) Separate advocates may be appointed for the several accused in a case if it appears from their pleas that the engagement of the same Advocate for all of them will not be proper or desirable.
The fee payable to the Advocate shall be in the discretion of the High Court. Where no fee is specified in a particular case, a minimum fee, which the High Court may by general order specify, shall be payable
[1. 2,500 for conducting a case before the Single Bench except appeals coming under the NDPS Act.
2. 3,000 for conducting a case before the Division Bench and for appeals coming under the NDPS Act, before a Single Bench.
This will apply to all State Briefs in cases argued on and after the date of this notification.]
Prior to the Notification it read as under:
1. 1,500 for conducting a case before a Single Bench except appeals coming under N.D.P.S. Act.
2. 2,000 for conducting a case before Division Bench and in appeals coming under N.D.P.S. Act before a Single Bench.
This will apply to all State
(1) On the termination of the case, the lower court records with the material objects, if any, shall be returned to the Court from which they were received.
(2) Return of enclosures—Enclosures to a case produced by the parties shall be returned to them on the termination of the case on their requisition in that behalf, under orders of the Registrar.
A batta not exceeding 3 rupees per diem and actual travelling expenses by the lowest class by bus, boat or train, to reach his home shall be paid to a prisoner directed to be released by the Court, on production before it a distance of more than 15 km. from the Court and has not sufficient means of his own.
A reference under Section 256 of the Indian Income Tax Act, 1961 (Act 43 of 1961) hereinafter in this chapter referred to as the Act by the Appellate Tribunal stating a case for the opinion of the Court shall be numbered as a Referred Case. No court fee shall be levied thereon.
The Registrar, Income Tax Appellate Tribunal, shall, together with the letter of reference, submit two copies of the said letter and of any records necessary for the consideration of the reference.
(1) On the said reference being numbered, the Registrar shall issue intimation thereof to the Income Tax Appellate Tribunal and to the Commissioner of Income Tax.
(2) Within a fortnight of the receipt of the intimation, the Commissioner of Income Tax shall file a memorandum giving particulars for service on the parties concerned in Form No. 3 together with the necessary fees.
(1) An application under Section 256(2) of the Act requiring the Appellate Tribunal to state a case for the opinion of the High Court shall be by Original Petition. The petition shall be verified and shall specify the point of law upon which the case is to be stated and shall set out concisely the material facts and the nature and purport of the proceedings which have taken place before the Income Tax Officer, Appellate Assistant Commissioner and the Appellate Tribunal. True copies of the orders of:
A petition under Rule 191 shall be accompanied by two extra copies, both of the petition and the orders referred to therein. The two extra copies shall be legibly typed under the substantial white paper, paged, indexed and stitched in book form. The petition shall also be accompanied by a memorandum giving particulars necessary for service on the respondent in Form No. 3 together with the necessary fees.
A case referred or stated by the Appellate Tribunal shall, as far as possible, be divided into paragraphs, numbered consecutively and shall concisely state such facts and refer to such documents (with true copies annexed) as may be necessary to enable the Court to decide the question raised thereby.
The concluding paragraph of every reference and every statement of the case shall specify the point of law to be decided as stated in the application of the assessee or of the Commissioner of Income Tax or any modified form thereof which the Court may have directed.
(1) In the case of a reference, on receipt of the memorandum and the requisite fees referred to in Rule 195, the Registrar shall issue notice to the respondent in Form No. 23.
(2) In the case of a petition, after it is numbered, the Registrar shall issue notice to the respondent in Form No. 24 with suitable modifications wherever necessary.
(3) The rules in Chapter IV shall, as far as may be, apply to the service of notice in Referred Cases and Petitions under Section 256 of the Act.
The statement of the case, the documents annexed thereto, as well as other necessary papers shall be printed or typed at the cost of the party at whose instance the case is referred.
Ten copies shall be printed and the rules relating to the preparation and printing of records in appeals shall, as far as may be, apply.
If typed paper books are prepared, the party shall supply 4 copies of the same.
The rules in this Chapter shall apply mutatis mutandis to references, applications applications and revisions under (i) fiscal statutes and (ii) references under the Gold (Control) Act, 1958.
All cases received under Section 21 of the Chartered Accountants Act, 1949 hereinafter in this Chapter referred to as the Act shall be numbered as Civil Miscellaneous References.
(1) The Council of Institute of Chartered Accountants of India (hereinafter referred to as the Council) shall forward to the Court one set of material papers relating to the enquiry which will be regarded as the original set. It shall include the following records:—
(2) The Council shall also furnish the Court with two additional authenticated copies of the papers aforesaid.
A translation in English of the documents which are not in that language and are included in the material papers shall be furnished by the Council under its own authority. If the Court considers that an official translation of any document is necessary such translation shall be made in the Court, the expenditure incurred in that behalf being recovered from the Council.
In case the Central Government or any person interested requires copies of the material papers, the Council shall furnish such copies on application made to it, subject to such terms and conditions as may be prescribed by the Council.
The Council shall forward along with the material papers a memorandum containing the full and correct postal addresses of all persons or authorities on whom notices are required to be served under Section 21(6) of the Act.
On the case being numbered, the Registrar shall fix a date for the hearing of the case and shall issue notice under Section 21(6) of the Act in Form No. 25. The date of hearing shall be so fixed that there will be an interval of not less than 15 days between the date of service of notice and the date of hearing.
The Registrar shall send a certified copy of any order that may be passed by the Court in the case to the Secretary to the Council and to the Secretary to the Government of India (Ministry of Finance).
In this Chapter,
Every Election Petition shall be registered as 'Election Petition' and given a separate serial number of the year and shall be entered with complete details in a separate register maintained for the purpose.
Every petition shall, in addition to the contents required by the Act, contain information as to the date of election of the returned candidate or if there be more than one returned candidate at the election and the dates of their election are different, the later of the two dates and shall also show that the election petition is within the time allowed by Section 81 of the Act.
Immediately after registering, the petition shall be placed before the Judge for such orders as may be required to be passed under Section 86 of the Act. If the petition is not dismissed under Section 86(1) of the Act, a summons, on the direction of the Judge shall be issued to the respondents to appear before the High Court on a fixed date and answer the claim or claims made in the petition. Such date shall not be earlier than three weeks from the date of the issue of the summons. The summons shall be for written statement and settlement of issues and shall be served on the respondents by the process staff of the High Court or the District Courts, all steps being taken to effect service with the utmost expedition.
In addition to service of summons to be effected aforesaid a summons shall also be sent to the respondents to the address given by the petitioner by registered post prepaid for acknowledgment.
(1) Every petition shall be accompanied by 3 authenticated copies of the application for the use of the Court and twice the number of additional copies as there are respondents to be produced along with the application for service along with summons as per Rules 210 and 211.
(2) Any respondent filing written objection to the petition shall serve a copy on the opposite party and file a memorandum in court to that effect in addition to furnishing 3 authenticated copies for the use of the court.
(3) In case the petitioner files any reply to the objections he shall serve a copy on the opposite party and file a memorandum in court to that effect in addition to furnishing 3 authenticated copies for the use of the court.
After the pleadings in the election petition are received, a date shall be fixed, at the direction of the Judge, for (1) discovery of documents, (2) inspection of the documents disclosed, and (3) the production of documents which are in the possession and power of the parties.
As soon as may be after the pleadings are received issues will be settled and the election petition will be posted for hearing. Within seven days of the settlement of issues, parties shall file a list of witnesses and pay the process fees and travelling allowance, the diet allowance and the total conveyance allowance for such of them who are required to be summoned.
Parties shall apply for the issue of witness summons sufficiently in time for the attendance of witnesses after service. Parties may also produce witnesses without a summons on the date of hearing provided they have filed a list of the same as required under Rule 214.
A party applying for a summons to a witness shall be required to deposit at the time of applying for summons, a sum sufficient to cover the travelling allowance, the diet allowance and the local conveyance allowance of the witness according to the scale prescribed in the Civil Rules of Practice for summoning of witnesses in the subordinate courts. Payment shall be made to the witness out of the amounts so deposited after the witness has given evidence or he is discharged by the Judge.
A diary or index of proceedings showing the course of the election petition from the beginning to the end in chronological order shall be maintained in each election petition.
All applications in each Election Petition shall be separately recorded in a register maintained for the purpose. When an application is filed, the same shall be placed before the Judge as part of the Election Petition for passing necessary orders.
No document in any language other than English shall be admitted in evidence unless it is accompanied by an English translation which shall either be the official translation or a translation the accuracy of which is certified by an Advocate of the High Court. Costs of the translations shall be at the discretion of the Court.
Subject to the provisions of Order XLV of the Code and the Rules of the Supreme Court governing the case or any special directions that the Supreme Court or the High Court may give in any particular case, the rules in this Chapter shall govern the procedure in relation to appeals to the Supreme Court:
Provided that proceedings pending on the appointed day shall continue to be governed by the rules in force prior to that date, unless otherwise ordered by the Court or the Supreme Court.
A Petition for Certificate for appeal to the Supreme Court shall be accompanied by a certified copy and two typewritten or printed copies, duly paged, on plain paper, of the judgment or final order appealed against.
The petition shall be posted for admission before the Judge or Judges whose decision is sought to be appealed against and in case any or all of such Judges are not available, before such other Judge or Judges as the Chief Justice may direct.
The Court may, after hearing the petitioner, either dismiss the petition or order notice to the respondents.
Within seven days of the order of notice, the petitioner shall serve copies of the petition on the Advocates for the opposite parties in the proceeding appealed against, such service being deemed to be sufficient regarding those parties and shall produce the necessary fees along with authenticated copies of the petition for service of notice on the other respondents in the manner prescribed.
After notice has been served, the petition shall be posted for final hearing before the Judge or Judges who ordered notice and in case any or all of such Judge or Judges are not available, before such other Judge or Judges as the Chief Justice may direct.
(1) Where a respondent to be served with a copy of the petition of appeal under Order XV, Rule 11 of the Supreme Court Rules was represented by an Advocate in the proceedings appealed against, the notice shall be served on such Advocate and it shall be deemed to be service on such party.
(2) Notices intended for the State of Kerala shall be served on the Advocate General.
The certificate required to be sent under Order XV, Rule 11(ii) of the Supreme Court Rules shall be in Form No. 26.
As soon as the notice of the petition of appeal is received from the Supreme Court, the Registrar shall give notice to the appellant to remit within 10 days the estimated charges for translation required to be done under Order XV, Rule 14 of the Supreme Court Rules. Such charges shall be calculated at the rates sanctioned by the Chief Justice.
If the appellant fails to make the deposit as aforesaid, the procedure prescribed in Rule 23 of Order XV of the Supreme Court Rules shall be followed.
No enquiry under Order XV, Rule 33 of the Supreme Court Rules shall be conducted without notice to the parties proposed to be added or substituted.
An application for refund of the unexpended balance of the amount deposited towards translation or printing charges may be made by a letter addressed to the Registrar and payment may be made to the advocate of the party, if so authorised.
Subject to the provisions of Order XXI of the Supreme Court Rules, the rules in the Chapter shall, with necessary modifications and adaptations, apply to criminal matters.
(1) The record keeper shall, when the record is consigned to his custody, punch a second hole in each court-fee label with a wad cutter punch in a diamond form in such manner as not to render it difficult to ascertain the value of the stamp.
(2) When documents having document court-fee label affixed to them are returned to the parties at any stage of a case before judgment, the court-fee labels should be punched a second time as aforesaid.
The Chief Justice shall prescribe the registers to be maintained in the office of the Court.
An index in Form No. 27 shall be put up with the record of every case when it is first filed in Court.
Each paper, as and when it is filed in the record, shall be numbered and entered in the index under the appropriate part to which it belongs, as determined with reference to the table in Schedule A to this Chapter.
Every record, book and paper shall, after completion, be deposited in the record room and divided into parts according to the table referred to in Rule 236.
(1) A record shall be held to have reached completion on the date of the final decree or order of the Court; in the event of an appeal to the Supreme Court, on the date of the final order of the Supreme Court and in case an application for review or restoration is filed, on the date of the final decree or order made on review or restoration.
(2) In the case of books and papers, the date of completion shall be the date on which the book was closed and the date of the final order on the paper respectively.
All papers coming under Part I of Schedule A to this Chapter shall be retained permanently and all papers falling under Part II thereof shall be retained for a period of 4 years from the date of their completion.
The Court registers, books and papers described in the table in Schedule B to this Chapter shall be retained for the periods respectively specified against them, reckoning from their dates of completion.
All records, registers, books and papers shall be destroyed, without fail, on the expiry of the prescribed periods of retention.
Copper plate deeds of grant, public records or other documents of archaeological or historical interest shall be destroyed only after obtaining the orders of the Government as to whether such articles are to be forwarded to the Government or should be destroyed.
The following shall on no account be destroyed:
A notice shall be published by affixture to the notice board of the Court stating that all documents filed in the proceedings to be therein enumerated, will, unless previously reclaimed, be destroyed on the expiry of a period of three months from the date of publication of the notice. The notice shall be published by the 15th of January and the 15th of July of each year and shall remain on the board for not less than a month.
At the end of the period specified in the notice all records, registers, books and papers which are to be destroyed except Gazettes, shall be burnt in the presence of the Superintendent of the Records Section or disposed of in such other manner as the Registrar may direct. Gazettes, which are to be destroyed, may be sold as waste paper.
The Registrar may direct the transfer of any paper from Part II to Part I of the retention of any paper, book or register for a period longer than that prescribed for reasons to be recorded in writing.
Whenever records, registers, books or papers are destroyed or disposed of under these rules, a complete list of such records, registers, books or papers so destroyed or disposed of shall be prepared and the date of destruction shall be entered at the head thereof. The record keeper shall certify the correctness of the list.
The record keeper shall maintain such registers as may be prescribed.
With regard to the destruction of records, the Record Keeper shall maintain the following registers:
Nothing in these rules shall be deemed to authorise the destruction of any document filed by any Officer of Government or produced by such officer upon summons. Such documents, if not previously reclaimed, shall invariably be returned to the Court or office from which they were produced.
A Reference under Section 21 of the Company Secretaries Act, 1980 (hereinafter referred to as the "Act") shall be filed in the Registry of the High Court and shall be numbered as C.S. Reference and entered in a separate register.
An appeal or a Revision under Section 30 of the Act shall be made by a memorandum and shall be filed in the Registry of the High Court. An appeal shall be numbered as M.F.A. (CS) and a Revision as CSR. Such Appeal or Revision shall also be entered in separate registers.
(i) The Council of the Institute of Company Secretaries of India (hereinafter referred to as the "Council") in a reference forwarded by it to the High Court, furnish one set of material papers relating to the enquiry. This will be regarded as the original set and shall include the following records:
When a Reference Appeal or Revision Petition is filed, the Court shall fix a date for the hearing of such Reference, Appeal or Revision Petition and shall order issue of Notices in Form Nos. 32 to 38, as the case may be.
(i) In the case of a Reference under Section 21 of the Act, Notices shall be sent to (1) the Council (2) the Secretary to the Government of India in the Ministry of Finance and (3) the complainant, if any.
(ii) In the case of an Appeal under Section 30(1) of the Act, Notices shall be sent to (1) the Council, (2) the Secretary to the Government of India in the Ministry of Finance, and
(iii) In the case of a Revision Petition under Section 30(2) of the Act, Notices shall be sent to (1) the Council, (2) the Member of the Institute concerned, (3) the complainant, if any, and (4) any other respondent to the proceedings.
(iv) In all cases, Notices shall be sent by registered post to the addresses supplied by the Council and shall be served not less than one month before the date fixed for the hearing of the case.
In an Appeal or Revision Petition, under Section 30(1) or 30(2) of the Act, the Council, shall, on being served with Notice of the Appeal or Revision Petition forward to the Registry of the High Court, within two weeks from the date of service, the findings of the Council and all other documents mentioned in Rule 252(i) and extra copies referred to in Rule 252(ii).
The Registrar of the High Court shall send to the Council a certified copy of the final order passed by the High Court in every Reference, Appeal or Revision Petition.
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