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    Circular dated 09.01.2025 regarding Check list of defaults (PDF)

    Check List for Scrutiny Assistants At Filing Counter (Mandatory Points to be Checked by the Registry)

    1. Whether the prescribed court fee has been filed?
    2. Whether the original set of petition and the application bear the signatures of the Advocate on-record/party in-person?
    3. (i) Whether the addresses of the parties and their representation are complete and set out properly and whether detailed cause title has been mentioned in the impugned judgment and if not, whether the memo of parties has been filed, if required?
      (ii) Whether the cause title of the petition corresponds to that of the impugned judgment and names of parties therein?
      (iii) Whether the petitioner has specified the proper department and address of the Union of India or the State Govt. on whom the notice is required to be served?
      (iv) If a party in the court below has died, whether application for bringing LRs on record, application for condonation of delay in seeking substitution and application involving setting aside abatement, indicating the date of death, relationship, age and addresses alongwith affidavit and court fee has been filed?
      (v) Whether the mobile phone numbers and e-Mails of the parties have been mentioned in the Vakalatnama and cause title.
    4. Whether an affidavit of the petitioner/authorized person and Pairokar (in criminal matters) in support of the petition/appeal/application has been filed, properly attested and identified?
    5. If there are any vernacular documents/portions/lines and translation of such documents are not filed, whether application for exemption from filing Official Translation, with affidavit and court fee, has been filed
    6. Whether the petition contains a statement in terms of Order XXI/XXII of Supreme Court Rules as to whether the petitioner has filed any petition against the impugned order/judgment earlier, and if so, the result thereof stated in the petition?
    7. (i) Whether the Vakalatnama has been duly executed by the petitioner(s) and accepted by the Advocate on-record and Memo of Appearance filed?
      (ii) If a petitioner is represented through power of attorney, whether the power of attorney in English/translated copy has been filed and whether application for permission to appear before the court has also been filed?
      (iii) Whether the writ petition is filed by a body registered under any Act or Rules? If yes, is copy of the Registration Certificate filed?
      (iv) Whether the person filing writ petition for such incorporated body has authority to file the petition? If yes, is proof of such authority filed
    8. Whether the petitioner in person has filed an application for seeking permission to appear and argue in person indicating reasons why he/she cannot engage an advocate and if he/she is willing to accept advocate who can be appointed for him by the Court?
    9. (i) In matters involving sentence to a term of imprisonment, whether the petitioner has stated that he has surrendered OR application for exemption from surrendering has been filed?
      (ii) Whether as a proof of surrender, the certified copy of the order of the Court in which he has surrendered or a certificate of competent officer of the jail in which he is undergoing the sentence has been filed?
      (iii) Whether, in undertrial cases where Vakalatnama attested by competent jail authority as proof of surrender has not been filed separately in respect of all the petitioners, an application for exemption from filing separate such proof of surrender has been filed?
    10. Whether the petitioner has filed an affidavit stating that there is no personal gain/private motive or oblique reason in filing the Public Interest Litigation?
    11. Whether columns Nos.6 and 7 of Listing Proforma duly filled in?
    12. The contents of the petition, applications and accompanying documents are clear, legible and typed in double space on one side of the paper.
    13. If the petition is time barred, application for condonation of delay mentioning the no. of days of delay, with affidavit and court fee has been filed.
    14. The English version of the relevant provisions of the Constitution, statutes, ordinances, rules, regulations, bye laws, orders etc. referred to in the impugned judgment/ order has been filed as Appendix to the SLR
    15. If any identical matter is pending/disposal of by the Hon. Supreme Court, the complete particulars of such matters have been given.
    16. The statement in terms of the Order XIX RuIe3(1) of Supreme Court Rules, 2013, has been given in the Petition of Appeal.
    17. Whether a Bank Draft of Rs.50,000/- or 50% of the amount, whichever is less, has been deposited by the person intending to appeal, if required to be paid as per the order of the NCDRC, in terms of Section 23 of the Consumer Protection Act, 1986/50% of the amount in terms of Section 67 of the Consumer Protection Act, 2019.

    Name of the Scrutiny Officer/Official
    (Signature)
    Date

    Advocate’s Check List (To be Certified by AOR)

    1. SLP (C) has been filed in Form No. 28 with certificate.
    2. The Petition is as per the provisions of Order XV Rule 1.
    3. The papers of SLP have been arranged as per Order XXI, Rule (3)(1)(f).
    4. Brief list of dates/events has been filed.
    5. Paragraphs and pages of paper books have been numbered consecutively and correctly noted in Index.
    6. Proper and required number of paper books (1+1) have been filed.
    7. The particulars of the impugned judgment passed by the court(s) below are uniformly written in all the documents.
    8. In case of appeal by certificate the appeal is accompanied by judgment and decree appealed from and order granting certificate.
    9. The Annexures referred to in the petition are true copies of the documents before the court(s) below and are filed in chronological order as per List of Dates.
    10. The annexures referred to in the petition are filed and indexed separately and not marked collectively.
    11. In SLP against the order passed in Second Appeal, copies of the orders passed by the Trial Court and First Appellate Court have been filed.
    12. The complete listing proforma has been filled in, signed and included in the paper books.
    13. In a petition (PIL) filed under clause (d) of Rule 12(1) Order XXXVIII, the petitioner has disclosed:

    (a) his full name, complete postal address, e-mail address, phone number, proof regarding personal identification, occupation and annual income, PAN number and National Unique Identity Card number, if any:
    (b) the facts constituting the cause of action;
    (c) the nature of injury caused or likely to be caused to the public;
    (d) the nature and extent of personal interest, if any, of the petitioner(s);
    (e) details regarding any civil, criminal or revenue litigation, involving the petitioner or any of the petitioners, which has or could have a legal nexus with the issue(s) involved in the Public Interest Litigation.

    1. In case of appeals under Armed Forces Tribunal Act, 2007, the petitioner/ appellant has moved before the Armed Forces Tribunal for granting certificate for leave to appeal to the Supreme Court.
    2. All the paperbooks to be filed after curing the defects shall be in order.

    I hereby declare that I have personally verified the petition and its contents and it is in conformity with the Supreme Court Rules, 2013. I certify that the above requirements of this Check List have been complied with. I further certify that all the documents necessary for the purpose of hearing of the matter have been filed.

    Name and Code of the Advocate on-record.

    (Signature)

    Contact Number

    Date: