Contents

INTRODUCTION

Q

What is difference between substantive law and procedural law?

1

PART I

The Court Fees Act, 1870 and

The Suits Valuation Act, 1887

Q

Do the Court-Fees Act, 1870 and the Suits Valuation Act, 1887 together constitute a Code in itself? Give reasons.

3

Q

What are the objects of the Court-Fees Act, 1870 and the Suits Valuation Act, 1887? Differentiate between the two. Is there any similarity between the two enactments?

3

Q

Do you agree that the Court-Fees Act, 1870 and the Suits Valuation Act, 1887 are fiscal enactments? Give reasons.

3

Q

At what stage objection qua the value of the suit for the purposes of Court-Fees Act, 1870 and Suits Valuation Act, 1887 has to be taken? Whether the Court can defer its decision on such an objection? Explain briefly.

3

Q

What is the criteria of determining the valuation of a suit under the Court-Fees Act, 1870 and the Suits Valuation Act, 1887? To what extent the defence/plea of the defendant is relevant in this regard? Explain with the help of the relevant statutory provisions and case law.

4

Q

If the Court finds that a particular suit is under-valued what is the course to be  followed in this regard? Whether the suit is liable to be dismissed on this ground alone? Explain with the help of the relevant statutory provisions and case law.

4

Q

While mentioning the scheme of the Court-Fees Act, 1870, specify the charging section and the provisions for computing the fees payable in regard to the different kind of suits. Give suitable examples also.

4

Scheme of the Act

4

Q

For questions on this segment kindly see the case law.

8

Case Law

13

Q

How far finality can be attached to a decision under section 12 of the Court-Fees Act when section 2(ii) of the CPC provides that an order rejecting the plaint is a decree, which is admittedly appealable?

13

Q

While explaining the difference in the phraseology employed in sections 5 and 12 of the Court-Fees Act, 1870, explain scope of which section is narrower than the other. Cite the relevant case law.

16

Q

Whether Court is empowered to grant future mesne profit also in a suit, in which only past mesne profit has been prayed for? Explain with the help of relevant statutory provisions and case law.

20

Q

Under what circumstances Court can grant even future mesne profit also? Whether it is incumbent on the plaintiff to pay the Court-fee for the future mesne profit also, so as to enable the Court to grant future mesne profit also? Explain with the help of relevant statutory provisions and case law.

20

Q

What is the criteria for deciding as to whether a suit is for asking either for setting aside the decree or for the consequential relief of injunction restraining the decree- holder from executing the decree? Explain with the help of relevant statutory provisions and case law.

21

Q

At the time of computing the Court-fee in a suit whether reading of prayer clause itself would be enough? Give reasons with the help of relevant statutory provisions and case law.

21

Q

Whether the plaintiff has unfettered discretion in giving his own valuation of the suit falling under section 7(iv) of the Court-Fees Act, 1870?

24

Q

Whether question of Court-fees can be influenced either by the pleas in the written statement or by the final decision of the suit on the merits? Explain with the help of relevant statutory provisions and case law.

29

Q

Explain how the valuation is to be done in the suits falling under section 7(iv) of the Court-Fees Act, 1870? Explain with the help of relevant statutory provisions and case law.

30

Q

Explain the procedure for valuation of suit for the purpose of jurisdiction under section 7(iv) of the Court-Fees Act, 1870. Cite the relevant statutory provisions and case law.

31

Q

Under what circumstances value of the suit for the purpose of jurisdiction and Court-fees is the same?

31

Q

For questions on this case the student may look into the case of Shamsher Singh v. Rajinder Prasad, MANU/SC/0261/1973 : AIR 1973 SC 2384, discussed earlier.

33

Q

Under what circumstances Court can examine the valuation of a suit falling under section 7(iv)(c) of the Court-Fees Act, 1870 and can revise the same? Explain with the help of relevant statutory provisions and case law.

34

Q

Whether the court has the jurisdiction to examine the correctness of the valuation given by the plaintiff and whether the plaintiff in a suit for declaration with consequential relief falling under section 7(iv)(c) of the Court-Fees Act, 1870 has an absolute right or option to place any valuation whatever on the relief claimed in such a suit? Explain with the help of relevant statutory provisions and case law.

34

Q

Explain as to why in a suit for accounts the plaintiff has been given the discretion to value the suit for the purposes of Court-fee and the jurisdiction and consequently under very rare circumstances the Courts would interfere in that valuation? Give reasons with the help of relevant statutory provisions and case law.

35

Q

What do you understand by the test of “objective standards” in the cases falling under section 7(iv) of the Court-Fees Act, 1870? Explain with the help of relevant statutory provisions and case law.

37

Q

So far as suits coming under section 7(iv) of the Court-Fees Act, 1870 are concerned, why the legislature has left the question of valuation of the relief sought in the plaint or memorandum of appeal to the plaintiff? Explain with the help of relevant statutory provisions and case law.

38

Q

Explain whether the legislature has laid down any standard of valuation in the Court- Fees Act, 1870 for the suits of the category falling under section 7(iv) of the said Act? Do you find any guidelines in this regard from the judicial precedents? Explain with the help of relevant statutory provisions and case law.

38

Q

From the provision of Order VII, rule 11(b) of the Code of Civil Procedure, 1908 what kind of duty you find, that is imposed upon a Court, with regard to adjudication of a suit? With the help of relevant statutory provisions and case law explain how that duty cast upon the Court is to be discharged?

38

Q

Under what circumstances the Court is entitled to interfere under Order VII,rule 11(b) of the Code of Civil Procedure, 1908 in the valuation of a suit and consequently reject the plaint? Explain with the help of relevant statutory provisions and case law.

39

Q

What is the distinction between the valuation to be made for the suits falling under sections 7(iv) and 7(v) of the Court-Fees Act, 1870? Explain while giving examples.

Q

What is the theoretical basis of giving the option to the plaintiffs to value his claim in certain kind of suits? Explain with the help of relevant statutory provisions and case law.

42

Q

For questions on this case see the earlier cases on the same issue.

43

Q

Explain how under section 7 of the Court-Fees Act, 1870, court fees are to be computed upon certain suits?

45

PART II

The Indian Stamp Act, 1899

Q

What is the nature and object of the Indian Stamp Act, 1899? With the help of relevant statutory provisions and case law explain how the same is achieved?

65

Q

How far a litigant can take the objection qua an instrument, which is not properly stamped? Also explain how the Courts are required to deal with such an objection? Mention the relevant statutory provisions and case law.

65

Q

While mentioning the Scheme of the Act explain as to whether the Indian Stamp Act, 1899 is more related to pleadings or conveyancing?

65

Q

Giving brief history of the Indian Stamp Act, 1899 explain whether a litigant can succeed in a litigation merely on the ground that a particular document is not duly stamped as per law, despite the fact that Court upheld such an objection and the litigant subsequently affixed the deficient stamp and consequently made the document duly stamped? Explain with the help of relevant statutory provisions and case law.

66

Historical Perspective

66

Scheme of the Act

67

Q

For questions on this segment kindly see the case law.

69

Case Law

73

Q

A document is executed not by the lessor but by the lessee, and the later covenants mention that he would take certain premises from the lessor, make certain alterations in the premises at this own cost, pay Rs. 2,000 per month as rent and the period of occupation was fixed as five years. It was also stipulated that the executant will not leave the premises for five years and if he did vacate the premises within five years he would be liable for the rent of five years. Whether this document, for the purposes of the Indian Stamp Act, 1899, is an agreement only or a lease as well as an agreement? Explain with the help of relevant statutory provisions and case law.

73

Q

What is the meaning assigned to the words “distinct matters” in section 5 of the Act in contradiction to words “several descriptions” occurring in section 6? Explain with the help of relevant statutory provisions and case law.

74

Q

One Mr. ‘X’ was, at the material time, the Managing Director of Messrs Bird and Co. Ltd., and of Messrs F.W. Heilgers and Co. Ltd., which were acting as Managing Agents of several Companies registered under the Indian Companies Act. He was also a Director of a number of other Companies, and had on occasions acted as liquidator of some Companies, as executor or administrator of estates of deceased persons and as trustees of various estates. On 4-7-2008 by that power, he empowered Messrs Douglas Chisholm Fairbairn and John James Brims Sutherland jointly and severally to act for him in his individual capacity and also as executor, administrator, trustee, managing agent, liquidator and all other capacities. Explain whether the power-of-attorney in question would attract stamp duty in terms of section 5 of the Indian Stamp Act, 1899 or in terms of section 6 of the said Act? Explain with the help of relevant statutory provisions and case law.

75

Q

In Member, Board of Revenue v. Arthur Paul Benthall, (1955) 2 SCR 842: MANU/SC/0002/1955 : AIR 1956 SC 35, while explaining the minority view critically examine the majority view? Do you agree with the minority view? While citing relevant statutory provisions and case law give reasons.

75

Q

How sections 4, 5 and 6 of the Indian Stamp Act, 1899 are different from each other vis-à-vis their object and scope? Elaborate your answer with the significance of the words used in these three sections namely “transaction” in section 4, “matter” in section 5 and “description” in section 6.

77

Minority View

80

Q

What is the interpretation given by the Supreme Court to the words “before whom any instrument chargeable…..is produced or comes in the performance of his functions”, as occurring in section 33 of the Indian Stamp Act, 1899. Cite the relevant statutory provisions and case law in this regard.

82

Q

Whether an instrument can be impounded when it is brought before the Collector under section 31 of the Indian Stamp Act, 1899 for seeking his advise as to what the proper stamp duty would be? Give reasons with the help of relevant statutory provisions and case law.

83

Q

Whether the Collector can take any action qua a document, brought before him under section 31 of the Indian Stamp Act, 1899 for seeking his advice as to what the proper stamp duty would be, if the document is found to be not duly stamped? Give reasons with the help of relevant statutory provisions and case law.

83

Q

Once an instrument has been admitted in evidence can its admissibility be questioned subsequently on the ground that it has not been stamped or has not been properly stamped? Give reasons with the help of relevant statutory provisions and case law.

86

Q

At what point of time a person may challenge the admissibility of a particular document on the ground that it is not properly stamped? Give reasons with the help of relevant statutory provisions and case law.

86

Q

Whether the Court can defer its decision if an objection is raised to the admissibility of a document on the ground of its not being properly stamped? Give reasons with the help of relevant statutory provisions and case law.

86

Q

How the Supreme Court had interpreted the phrase “subject to a mortgage or other incumbrance” as occurring in explanation to section 24 of the Indian Stamp Act, 1899? Explain with the help of relevant statutory provisions and case law.

87

Q

What is the underlying object of section 24 of the Indian Stamp Act, 1899? Explain with particular reference to Illustration 2 to the section, with the help of relevant case law.

89

Q

Explain whether phrase “subject to a mortgage or other incumbrance” in the explanation to section 24 qualifies the word “sale” or the word “property”? Give reason with the help of relevant case law.

90

Q

What is the effect of an instrument which is not duly stamped under the Indian Stamp Act, 1899? Explain with the help of relevant statutory provisions and case law? Do you find any corollary in this regard in any other statute?

91

Q

What is the difference between ‘admitting a document in evidence’ and ‘acting upon it’ under the Indian Stamp Act, 1899? Explain with the help of relevant statutory provisions and case law.

91

Q

Mention on what basis out of the several instruments, employed for completing the transaction, the principal document is determined so as to attract the stamp duty under the Indian Stamp Act, 1899? Explain with the help of relevant statutory provisions and case law, while giving a suitable example.

94

Q

Explain the true import of section 36 of the Indian Stamp Act, 1899 and also that under what circumstances one can say that once the document has been admitted the objection of its inadmissibility on the ground of not being properly stamped cannot be taken? Explain with the help of relevant statutory provisions and case law.

98

Q

Whether “gift of turn of worship” as Shebait-cum-Pujari in a Hindu temple requires compulsorily registration under the Registration Act, 1908 or not? Explain with the help of relevant statutory provisions and case law.

98

Q

Explain whether hereditary office under the Hindu Law is treated as immovable property or movable property? Explain with the help of relevant statutory provisions and case law.

98

Q

What is the period of limitation under section 33(1) of the Indian Stamp Act, 1899, by virtue of which the concerned authority is under obligation to impound the instrument in question, if it appears to him that such instrument is not duly stamped? Explain with the help of relevant statutory provisions and case law.

103

Q

Can delay in the matter of furnishing of stamp papers by decree-holder extend the period of limitation qua execution of the decree, which is 12 years under article 136 of the Limtation Act, 1963? Explain with the help of relevant statutory provisions and case law.

105

Q

What is the meaning of ‘execution’? While mentioning the period of limitation in execution of decree, explain how far the Indian Stamp Act, 1899 has the impact over the Limitation Act, 1963 in this regard? Explain with the help of relevant statutory provisions and case law.

106

Q

While mentioning the report of Law Commission explain as to why the maximum period of limitation for execution of decree has been fixed as twelve years? From what point of time this period of limitation would start? Explain with the help of relevant statutory provisions and case law.

107

Q

While explaining the meaning of ‘enforceability’ explain whether the period of limitation for execution of decree may stand extended? If yes, under what circumstances? Explain with the help of relevant statutory provisions and case law.

108

Q

Whether the period of limitation for execution of a decree shall remain suspended till the furnishing of stamp papers by the decree-holder? Give reasons with the help of relevant statutory provisions and case law.

112

Q

Whether section 35 read with section 2(15) of the Indian Stamp Act, 1899 would overrun the Limitation Act, 1963, thereby giving a complete go-by to the legislative intent in the matter of incorporation of Article 136 in the limitation period for execution of a decree? Give reasons with the help of relevant statutory provisions and case law.

113

PART III

The Registration Act, 1908

Q

What is the significance of registration under the Registration Act, 1908?

122

Q

What is the effect of non-registration of a document, which requires compulsory registration under the Registration Act, 1908?

122

Q

What are the requirements for making a document compulsorily registrable under section 17(1) of the Registration Act, 1908? Explain with the help of case law.

122

1.

Mortgage Deed

123

2.

Partition Deed

124

3.

Family Arrangement

124

4.

Arbitration Award

124

5.

Lease Deed

125

6.

Adoption Deed

125

7.

Award Vide which Properties of Dissolved Partnership are Distributed Amongst its Partners

125

8.

Effect of Unregistered Private Arbitration Award

126

9.

Deed of Dissolution Reflecting Partnership Property

126

10.

Memorandum Recording Past Partition

126

11.

Foreign Award

126

12.

Sale Deed

126

13.

Shebait-Cum-Pujari – i.e., – Gift of Turn of Worship

127

14.

Agreement to Sell

127

15.

Authorities to adopt a son

128

16.

Authorities to adopt a daughter

128

17.

Instruments of gift of immovable property

128

Case Laws

129

Q

Whether a non-registered mortgage deed can be used in a suit for redemption of mortgage? Give reasons.

129

Q

What is the difference between the suit for possession and suit for redemption of mortgage? Explain in which of the cases plaintiff can use unregistered mortgage deed to succeed in the suit?

129

Q

What is the effect of non-registration of a document, which is required to be compulsorily registered under section 17 of the Registration Act, 1908. Explain with the help of statutory provision and case law?

130

Q

What may be the collateral purpose for which an unregistered mortgage deed can be used under the Registration Act, 1908? Explain with the help of relevant case law and statutory provisions.

130

Q

What do you understand by a “family arrangement”? How it is different from a partition deed?

131

Q

A document contains following recitals

132

Q

“With respect to the dispute of immovable property the parties have agreed that agricultural land measuring 8 kanals which stands in the name of Haji Sahib, deceased, is divisible in equal shares between the parties and should be entered as such because the said land has been purchased when the parties lived joint. An application for mutation should be moved that the property be entered in the revenue papers in equal shares of the parties”.

132

Q

Whether such a document requires compulsory registration under the Registration Act, 1908? Explain with the help of relevant statutory provisions and case law.

133

Q

What is meant by the expressions ‘create’, ‘declare’, ‘assign’ or ‘limit’ or ‘extinguish’ occurring in section 17(1)(b) of the Registration Act, 1908? Explain with the help of relevant case law.

134

Q

When a document reflecting family arrangement may be termed as partition deed? Explain with the help of statutory provisions and relevant case law.

134

Q

Whether arbitration award requires registration under section 17(1)(b) of the Registration Act, 1908? Explain with the help of statutory provisions and relevant case law.

134

Q

Explain how private award in arbitration proceedings requires compulsory registration in contradiction to the award given in the arbitration under the direction of the Court? Cite the relevant statutory provisions and case law.

135

Q

Whether section 49 of the Registration Act, 1908 was applicable even to the documents which require compulsory registration under Transfer of Property Act, 1882? Explain with the help of relevant statutory provisions and case law.

138

Q

Whether “Adoption deed” requires compulsory registration under Registration Act, 1908? Explain with the help of relevant case law.

148

Q

Under what circumstances “Adoption deed” becomes liable to compulsory registration? Explain with the help of relevant statutory provisions and case law.

148

Q

Whether the arbitration award vide which after dissolution of the partnership, partnership properties are allotted to the partners, requires registration under section 17(1) of the Registration Act, 1908? Explain with the help of relevant statutory provisions and case law.

149

Q

What is the nature of partnership properties? Whether they are immovable or movable after dissolution of partnership firm? Give reasons.

151

Q

What is the law laid down by the Supreme Court in Sardar Singh v. Krishna Devi, MANU/SC/0102/1995 : (1994) 4 SCC 18, with regard to the registration of arbitration award under section 17(1)(b) of the Registration Act, 1908? Explain briefly.

153

Q

What for an unregistered arbitration award under the private arbitration can be used? Explain with the help of relevant statutory provisions and case law.

154

Q

What is the purpose of registration of a document under the Registration Act, 1908? Explain briefly.

155

Q

What is the significance of a document creating right, title and interest in praesenti or future in immovable property of the value of Rs. 100 or more under the Registration Act, 1908? Explain with the help of relevant statutory provisions and case law.

156

Q

Does ‘Deed of Dissolution’ reflecting partnership property require compulsorily registration? Give reasons, while citing relevant case law and statutory provisions.

157

Q

Whether a Foreign Award under the provisions of Foreign Awards (Regulation and Enforcement) Act, 1961 requires compulsory registration under section 17(1)(b) of the Registration Act, 1908? Give reasons with the help of relevant case law and statutory provisions.

161

Q

Whether a decree or order of a Court affecting the rights mentioned in sections 17(1)(b) & 17(1)(c) require registration under the Registration Act, 1908? Give reasons with the help of relevant case law and statutory provisions.

161

Q

Whether the decree or order on the basis of compromise before the Court requires registration under the Registration Act, 1908? Give reasons with the help of relevant case law and statutory provisions.

161

Q

Whether a lease could be made by an unregistered instrument when such deed is compulsorily registrable? Explain with the help of relevant statutory provisions and case law.

163

Q

What are the inhibitions in creating a lease? Explain with the help of relevant statutory provisions and case law.

163

Q

For questions on this case, please refer to the case of S.V. Chandra Pandian v. S.V. Sivalinga Nadar, discussed earlier in this law series.

165

Q

If a document restrains its executant from disposing of his property by Will, does such a document require compulsory registration under the Registration Act, 1908? Explain with the help of relevant statutory provisions and case law.

167

Q

Recitals of an instrument are as under:

169

“Salutations from Mangal Chand Kedia to the respected Shri Chiranjilal Goenka. I am giving you in adoption with much pleasure my son Chiranjeev Radheyshyam. From now he is your son alone. And he alone will inherit your entire movable and immovable property. During your life time you shall be entitled to your entire movable and immovable property. In case if you die, your wife Smt. Bhagwandevi shall have absolute right. Similarly, if she dies earlier then you will have absolute right. After the death of both of you, Chiranjeev Radheyshyam alone shall have full right on the total movable and immovable property. I am writing this letter with pleasure. 26-1-1961 – Magh Shukla 10 Samvat 2017 Thursday.” Whether such a document requires compulsory registration under the Registration Act, 1908? Explain with the help of relevant statutory provisions and case law.

169

Q

What is the effect of non-registration of the sale deed qua the piece of land worth more than Rs.100 which requires compulsorily registration under section 17(1)(b) of the Registration Act, 1908?

171

Q

What is meant by the words ‘collateral purpose’, as occurring in section 49 of the Registration Act, 1908? Explain with the help of relevant case law and statutory provisions.

171

Q

What may be the collateral purpose for which an unregistered sale deed can be used under the Registration Act, 1908? Explain with the help of relevant case law and statutory provisions.

172

Part IV

SUPREME COURT RULES

Q

While giving brief historical back-ground of Supreme Court, mention the provision under which Supreme Court Rules have been framed.

180

Q

While mentioning the provision under which the Supreme Court has been empowered to frame Rules for regulating generally its own practice and procedure, explain as to whether there is any limitation on the Court in framing those Rules. Cite the relevant case law.

182

Q

Explaining the general format of the Supreme Court Rules mention as to when they came into force.

191

ORDER V

191

APPEALS UNDER SECTION 38 OF THE ADVOCATES ACT, 1961 (25 of 1961)

Q

What is the period of limitation for filing appeal by the aggrieved person from an order made by the Disciplinary Committee of the Bar Council of India.

192

Q

Write a short note on the procedure for filing the appeal before the Supreme Court under section 38 of the Advocates Act, 1961, while mentioning the relevant provisions under the Supreme Court Rules.

193

Q

How much court fees shall be affixed on a petition under section 38 of the Advocates Act, 1961 before the Supreme Court and mention the documents to be accompanied with such a petition.

193

Q

What is the role of Attorney-General in an appeal filed under section 38 of the Advocates Act, 1961 filed before the Supreme Court.

193

ORDER VI

194

BUSINESS IN CHAMBERS

Q

Whether the Registrar in the Supreme Court is empowered to dispose of any matter? Explain with reasons.

194

Q

Which kind of matters have been assigned to the Registrar for disposal under the Supreme Court Rules?

194

Q

Explain the reason for assigning certain kind of matters to the Registrar for his disposal under the Supreme Court Rules.

194

Q

Whether a Supreme Court Judge can dispose of a matter in his chamber? If yes, under what circumstances ? Explain with the help of relevant provisions?

196

Q

What kind of matters a Judge can dispose of, while sitting singly in the Supreme Court ?

196

Q

What is the remedy available to a person aggrieved by the order of the Registrar in the Supreme Court?

197

ORDER VII

198

CONSTITUTION OF DIVISION COURTS AND POWERS OF A SINGLE JUDGE

Q

Under what circumstances the Registrar may lay a matter before the Court? Mention the relevant rule under the Supreme Court Rules.

198

Q

What should be the minimum strength of a Bench of the Supreme Court, while disposing of a cause, appeal or matter?

198

Q

Whether a Judge sitting singly can dispose of such a matter? Explain with reasons.

198

Q

What kind of matters a Judge may hear and dispose off finally while sitting singly in Supreme Court?

199

Q

Under what circumstances a Bench of the Supreme Court may refer any cause, matter or other proceeding to a larger Bench?

199

Q

What are the powers of a vacation Judge in the Supreme Court?

199

ORDER VIII

200

NOTICES OF MOTION

Q

Mention the Rules with regard to notices of motion in the Supreme Court.

200

Q

Whether any application moved before the Supreme Court can be heard without any notice to the other party? Explain with the help of relevant provisions.

200

Q

Under what circumstances an applicant may get ad interim ex parte order from the Supreme Court and what are the Rules in this regard?

200

ORDER IX

201

PROCEEDINGS BY OR AGAINST MINORS OR PERSONS OF UNSOUND MIND

Q

Are there any provisions contained in any other enactment similar to those contained in Order IX, of the Supreme Court Rules, 1966 which pertain to ‘Proceedings by or against minors of unsound mind’?

201

Q

What is the procedure to be followed for a minor or person of unsound mind to file an appeal, petition or other proceeding before the Supreme Court? Do you find any corollary of these provisions with any other provision of any other enactment?

201

Q

Whether a person representing a minor or person of unsound mind before the Supreme Court can retire from the proceedings of his own volition? Give reasons, while explaining the procedure.

201

Q

Whether a minor or person of unsound mind can, of his own, conduct the proceedings before the Supreme Court? Explain with reasons, while citing the relevant provisions.

202

Q

Who can represent a minor or person of unsound mind before the Supreme Court?

202

Q

What are the Rules for initiating proceedings by or against minors or persons of unsound mind before the Supreme Court? Mention the relevant provisions also.

202

ORDER XI

203

AFFIDAVITS

Q

What is the significance of an affidavit before the Court?

203

Q

Under what circumstances the deponent of an affidavit may be called by the Supreme Court to appear in person?

203

Q

How an affidavit has to be sworn before the Supreme Court? Explain with the help relevant provisions.

204

Q

Under what circumstances the Registrar may refuse an affidavit in the Supreme Court? Explain with the help of relevant provisions.

204

Q

What does an affidavit mean and how it is to be sworn as per the Supreme Court Rules?

204

Q

Mention the Rules pertaining to affidavit under the Supreme Court Rules.

204

Q

What is the period of limitation for filing of appeal on certificate by High Court before the Supreme Court? Mention the relevant provision also.

204

Appellate Jurisdiction

205

Q

Discuss briefly the relevant provisions of the Supreme Court Rules dealing with its appellate jurisdiction.

206

Q

What are the rules pertaining to filing of appeal before Supreme Court on certificate by High Court? Mention the relevant provisions also.

206

(A) Civil Appeals

ORDER XV

207

APPEALS ON CERTIFICATE BY HIGH COURT

Q

What should be accompanied with the petition of the appeal on certificate by High Court before the Supreme Court? Mention the relevant provision also.

208

Q

What kind of appeals are put up for hearing ex parte before the Supreme Court? Mention the relevant provisions also.

208

Appearance by Respondent

209

Q

Within how many days the respondent has to put his appearance before the Supreme Court on receipt of notice of lodgment of appeal before the Supreme Court on certificate by High Court? Mention the relevant provisions also.

209

Preparation of Record

210

Q

What are the rules pertaining to preparation of records in the appeal filed before the Supreme Court on certificate by High Court? Mention the relevant provisions also.

210

Special Case

212

Withdrawal of Appeal

212

Non-prosecution of Appeals-change of Parties

212

Q

Under what circumstances an appeal filed before the Supreme Court on certificate from the High Court may be dismissed for non-prosecution? Mention the relevant provisions also.

212

Q

What is the procedure in an appeal filed before the Supreme Court on certificate by High Court on preparation of the record? Mention the relevant provisions also.

212

ORDER XVI

215

APPEALS BY SPECIAL LEAVE

Q

What is the period of limitation for filing of appeal by Special Leave before the Supreme Court? Mention the relevant provisions also.

215

Q

Is there any need of filing a separate application for interim relief in a Petition seeking Special Leave to Appeal?

216

Q

What are the rules pertaining to preparation of records in the appeal filed before the Supreme Court by Special Leave? Mention the relevant provisions also.

217

Q

Whether additional documents may be filed in an Appeal before the Supreme Court by Special Leave, which were not part of the Lower Court record?

217

Q

What should be accompanied with the petition of the appeal before the Supreme Court by Special Leave? Mention the relevant provisions also.

218

Q

What are the rules pertaining to filing of appeal before Supreme Court by Special Leave? Mention the relevant provisions also.

218

Q

What are the rules qua caveat in an appeal before the Supreme Court by Special Leave?

218

ORDER XVII

220

APPEALS AND APPLICATIONS BY INDIGENT PERSON

Q

What are the rules pertaining to filing of appeals and applications by indigent persons before the Supreme Court? Mention the relevant provisions.

220

Q

What documents should be accompanied with the appeals and applications filed by indigent persons before the Supreme Court? Mention the relevant provisions, as well.

221

Q

Whether before entertaining any appeal/application filed by an indigent person before the Supreme Court is his indigency to be enquired into by any authority? Explain briefly with the help of relevant provisions.

221

ORDER XXF

223

APPEALS UNDER SECTION 23 OF THE CONSUMER PROTECTION ACT, 1986 (68 OF 1986)

Q

What are the rules pertaining to filing of appeals under the Consumer Protection Act before the Supreme Court? Mention the relevant provisions.

223

Q

What should be accompanied with the petition of appeal under the Consumer Protection Act, 1986 before the Supreme Court? Mention the relevant provisions.

223

Q

How much the Court-Fee is to be affixed on the appeal filed before the Supreme Court under the Consumer Protection Act, 1986? Mention the relevant provisions.

224

(B) CRIMINAL APPEALS

ORDER XXI

224

SPECIAL LEAVE PETITIONS IN CRIMINAL PROCEEDINGS AND CRIMINAL APPEALS

Special Leave Petitions

224

Q

What are the rules pertaining to filing of Special Leave Petitions in Criminal Proceedings before the Supreme Court? Mention the relevant provisions.

224

Q

What should be accompanied with a Special Leave Petition in Criminal Proceedings before the Supreme Court? Mention the relevant provisions.

225

Criminal Appeals

227

Preparation of the Record

228

Hearing of the Appeal

230

PART IV

ORDER XXXV

231

APPLICATIONS FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS

(Article 32 of the Constitution)

231

Q

Under which provision a person can approach the Supreme Court for the enforcement of his fundamental rights? Explain the procedure laid down in this regard under the Supreme Court Rules.

231

Q

What should be the strength of the Bench hearing a petition under article 32 of the Constitution? Mention the relevant provisions also.

232

Q

How much Court-Fee is to be affixed in a Special Leave Petition in Criminal proceedings? Mention the relevant provisions.

232

HABEAS CORPUS

232

Q

How much court- fees is to be affixed in a Habeas Corpus petition before the Supreme Court?

233

Q

How much court fee should be paid on a petition under article 32 of the Constitution? Mention the relevant provisions also.

233

Mandamus, Prohibition, Certiorari, Quo-warranto and other Directions or Orders

233

Q

What should a petition under article 32 contain? Mention the relevant provisions also.

233

Q

What is the procedure after the Court issues rule nisi in a petition moved before the Supreme Court under article 32 of the Constitution? Mention the relevant provisions also.

233

ORDER XXXVI

236

APPLICATIONS FOR TRANSFER OF CRIMINAL PROCEEDING UNDER SECTION 406 OF THE CRIMINAL PROCEDURE CODE, 1973 AND SECTION 11 OF THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984

Q

What is the procedure for transfer of criminal cases under the Supreme Court Rules? Mention the relevant provisions.

237

Q

Can a transfer petition for a criminal case before the Supreme Court be heard without notice to anybody? Mention the relevant provisions.

237

ORDER XXXVIA

237

APPLICATIONS FOR TRANSFER UNDER CLAUSE (1) OF ARTICLE 139A(1) OF THE CONSTITUTION

Q

What is the procedure for transfer of the cases involving the same or substantially the same question of law pending before the Supreme Court or other High Court(s)? Mention the relevant provisions.

238

Q

What is the significance of transfer of cases involving the same or substantially the same question of law pending before the Supreme Court or the other High Court(s)? To whom notice of such a transfer petition would be given? Mention the relevant provisions.

238

ORDER XXXVIB

241

APPLICATIONS FOR TRANSFER UNDER ARTICLE 139A(2) OF THE CONSTITUTION AND SECTION 25 OF THE CODE OF CIVIL PROCEDURE, 1908

Q

What is the procedure for transfer of civil matters through the Supreme Court under the Supreme Court Rules? Mention the relevant provisions.

241

Q

To whom the notice should go in a transfer petition before Supreme Court for transfer of a civil case? Mention the relevant provisions.

241

ORDER XXXVII

242

SPECIAL REFERENCE UNDER ARTICLE 143 OF THE CONSTITUTION

Q

What is the procedure to be followed by the Supreme Court in a special reference made to it under article 143 of the Constitution? Mention the relevant provisions.

242

Q

To whom the notice of a special reference made to the Supreme Court by the President of India given? Mention the relevant provisions.

242

ORDER XL

243

REVIEW

Q

What is the procedure for review of its own judgment/order by the Supreme Court? Mention the relevant provisions.

243

Q

Whether the second review by the Supreme Court of its own judgment/order lies? If yes, under what circumstances?

243

Table of Cases

245

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