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Supreme Court Rules, 1966 [Amendment Dated 11-12-1974]

Cite as : (1975) 1 SCC (Jour) 23

In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President, the following rules further to amend the Supreme Court Rules, 1966, namely :—

1. (1) These rules may be called the Supreme Court (Amendment) Rules, 1974.

(2) They shall come into force on the date of their publication in the Official Gazette.*

2. In the Supreme Court Rules, 1966—

(1) In Order IV, for Rule 5, the following rule shall be substituted, namely:—

"5. No advocate shall be qualified to be registered as an advocate on record unless—

(i) his name is, and has been borne on the roll of any State Bar Council for a period of not less than three years on the date of commencement of his training as provided hereinafter ;

(ii) he has undergone training for one year with an advocate on record approved by the Court, and has thereafter passed such tests as may be held by the Court for advocates who apply to be registered as advocates on record, particulars whereof shall be notified in the Official Gazette, from time to time, provided however that an attorney shall be exempted from such training and test ;

(iii) he has an office in Delhi within a radius of 16 Kilometers from the Court House and gives an undertaking to employ, within one month of his being registered as advocate on record, a registered clerk ; and

(iv) he pays a registration fee of twenty-five rupees."

(2) In Order XXXIX—

(i) for Rule 7, the following rule shall be substituted, namely:—

"7. A petition calling in question an election may be presented on one or more of the grounds specified in sub-section (1) of Section 18 and Section 19 of the Act, by any candidate at such election, or—

(i) in the case of Presidential election, by twenty or more electors joined together as petitioners ;

(ii) in the case of Vice-Presidential election, by ten or more electors joined together as petitioners." ;

(ii) in Rule 26, after the words "any other candidate or", the words "in the case of Presidential election, another twenty electors, and in the case of Vice-Presidential election", shall be inserted ;

(iii) in Rule 33, after the words "any candidate or", the words "in the case of Presidential election, twenty electors, and in the case of Vice-Presidential election", shall be inserted ;

(iv) after Rule 35, the following rules shall be inserted, namely:—

"35-A. Soon after the conclusion of the hearing of the petition, the Registrar shall submit a statement to the Court showing the court-fee and other expenses incurred by each party to the petition and the total number of days of hearing of the petition.

35-B. At the time of passing the final order under Rule 35, the Court shall also make an order fixing the total amount of costs payable and shall further direct by and to whom the said costs shall be paid."

3. In the Fifth Schedule, for Form No. 4, the following Form shall be substituted, namely:—

"No. 4
Notice of Motion
(S. C. R. Order VIII, Rule 2)

Appellate Jurisdiction

Original Jurisdiction        
Civil/Criminal Misc. Petition No.     of 19       .  

Case No.      of 19      .    


State of A.B.       Appellant

  Vs.     Plaintiff


State of C.D.       Defendant

Take notice that the Court will be moved on the day of 19 at o'clock in the forenoon, or so soon thereafter as Counsel can be heard, by Mr. , counsel for the above named plaintiff (or defendant, petitioner, appellant, respondent as the case may be), that (or for an order that, or for) (here state the precise object of the motion).

A copy of the application is enclosed herewith.

**Take further notice that meanwhile this Court has been pleased to pass the following order, (here quote the interim order of the Court).

Dated this the day of 19.


Advocate on record for the
Address. . . . . . . . . . . . . . . . . . . .

Advocate on record for the
opposite party/respondent/defendant.

* Published in Gazette of India, Part II, Section 3(i), dated 21-12-74, pp. 3132-3133. Return to Text

** Wherever applicable." Return to Text

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