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Filing Case in High Court

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0% found this document useful (0 votes)
16 views14 pages

Filing Case in High Court

Uploaded by

castenetwork
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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HIGHCOURTOFPUNJABANDHARYANAATCHANDIGARH

NEW OBJECTIONS CHECK LIST OF CRIMINAL CASES

(AS ON 27.05.2024)
Objection Objection Description
Code
1. Show the competency of person, who has filed
the present appeal/ petition review/
revision/ Application etc.
2. Correct provision of law should be
mentioned in the appeal/petition/ revision/
Application etc.
3. As to how the present case/
application /petition/appeal/revision is
maintainable in the present form in this
Hon'ble Court?
4. (a) An affidavit duly attested with correct
age/parentage/particulars of the deponent in
support of appeal/petition /application
/review/ revision should be filed.
(b) Handwritten insertions/corrections made
in Application/ Appeal/ Revision/ Petition are
not permissible and same should be fairly
typed/printed or duly signed by Ld.
Counsel/Party. (c)Corrections/insertions made
in Affidavit(s) should be duly attested again
together with signature of deponent and the
attesting Authority or fresh affidavit should be
filed.
5. (a) Each page of affidavit should be signed by
the deponent for certification of facts, a
certificate regarding the contents of affidavit
which havebeen read over to the deponent in
his regional language by the attesting
authority.
(b) Identification seal in the affidavit(s) should
be verified/signed with legible and complete
name.
6. State case is required to be represented by
the Authorized person.
7. Required numbers of paper books should be
filed and the same should be in order and
duly indexed.

8. Authorization/resolution etc. should be filed


in case of registered body.

9. General power of Attorney/Special


power of Attorney duly page marked and
indexed should be filed.

10. General power of Attorney/Special power of


Attorney and other documents attached
with the case, executed abroad should be
duly embossed.
11. Correct and complete certified copy of
Annexure(s) should be filed.

12. Title of the petition/revision/review


/application ,indexetc. Should be same as
per Memo of Parties.

13. (a) Prescribed court fee should be affixed in


the appeal/petition/revision/ review/cross-
objection/ application etc?
(b) Court Fee stamps should be affixed on
separate page and be page marked and be
mentioned in Index.
(c) Advocates Welfare Fund Stamp be
affixed on POA.
14. Certificate of non-availability of stamp paper
may be obtained from stamp vendor.

15. Court fee stamps affixed should be in the


name of applicant.
16. Memo of parties should be filed on a separate
page.
16(A)(1) The mobile Number as well as the
Passport Number/Election
Commissioner ID Card (Voter ID Card)
Number/Aadhaar Card Number/e-
Aadhaar letter downloaded from UIDAI
Website or any other identity proof
issued by Government belonging to
the Petitioner(s)/
Appellants(s)/Applicant(s) be
mentioned in the Memo of Parties
against his/her/their name(s).
(2) Copy of proof of identity i.e.
Passport Number/Election
Commissioner ID Card (Voter ID Card)
Number/Aadhaar Card Number/e-
Aadhaar letter downloaded from UIDAI
Website or any other identity proof
issued by Government, duly attested
by the learned counsel filing the case
under his seal with Name and
Enrolment Number, wherein the
residential address of the
Petitioner(s)/ Appellant(s)/Applicant(s)
has been mentioned, be also annexed
with the fresh petition/Appeal
/Applicationn for impleadment as
party, at the time of filing.

(3) Affidavit in support of the


Petition/ Appeal/Application for
impleadment as a party should
contain Passport Number/Election
Commissioner ID Card (Voter ID Card)
Number/Aadhaar Card Number/e-
Aadhaar letter downloaded from UIDAI
Website or any other identity proof
issued by Government belonging to the
deponent to the effect that:-

“Passport Number/Election
Commissioner ID Card (Voter ID Card)
Number/Aadhaar Card Number/e-
Aadhaar letter downloaded from UIDAI
Website or any other identity proof
issued by Government has been
annexed as a proof of identity and
residential address with the
Petition/Appeal/Application for
impleadment as a party.”

(4) The submission of any information


regarding Aadhaar Card is identity proof
would not be mandatory.
17. Serial nos. (given to petitioners/respondents)
should be correctly mentioned in Memo of
Party(ies)/POA/Vakalatnama/Appeal/Revisio
n/Petition/Application.
18. (a) Complete address with parentage should
be mentioned in the memo of parties.
(b) Age of the litigant(s) be mentioned in MOP.

(c) Name of the natural/legal guardian who


represents the minor(s) appellant(s)/
petitioner(s)/respondent(s) should be
specifically mentioned in MOP/POA/Paper
Book.

(d) Name of the authorized signatory who


represents the Company/Firm/Gram
Panchayat /Legal Persona etc. should be
specifically mentioned in the OP/POA/Paper
book.
19. (a) Memo of parties should correspond
according to impugned judgment/order.
(b) Caste or Religion should no’t be
mentioned in the Memorandum of parties of a
petition/proceedings.
20. Correct nomenclature of the case
should be given.
21. Memo of parties should be signed by the
Learned Counsel/Parties.
22. Urgent form should be filed wherever necessary.

23. An affidavit in support of Appeal/


Revision/Petition/Application should be filed.
24. (a) Complete and correct page marking with
black/blue pen/typed at the top right corner
should be done.
(b) Para Nos. be correctly mentioned in
the grounds of Appeal/Revision/Petition/
Application/ Reply/Written Statement etc.
25. Grounds should be duly verified and signed by
The Learned Counsel/Parties.
26. Law points should be formulated with the brief
synopsis.
27. Impugned orders/annexure etc. should be
correctly mentioned with dates in the paper-
book, headnote, prayer clause.
28. (a) Headnote and prayer clause complete in all
respects should be filed.
(b) Head note and prayer clause of the
Petition/ Appeal/Revision/Application etc.
should be specific and same.
29. Complete nameof Learned Counsel
and Parties be mentioned against
his/her signature in whole paperbook.
30. Duly verified and correctly typed copy of
annexure(s)should be filed.
30 (A) (1) Where the self attested true typed
copy of pictorial and/or photograph is being
annexed with any case or application as an
Annexure, the self attested photocopy of the
original documents be also annexed.
31. (a) Complete Vernacular as well as
Complete translation of the Annexure(s)
should be filed.
(b) Complete Photostat copies of all the
documents with back side page(s), like Sale
Deed/Agreement to Sell/GPA etc.
whereupon something is inscribed or stamp
etc. is affixed should also be filed on
separate page.
(c) Each document should be page marked
and mentioned in the Index accordingly
including vernacular copies and certified
copies.
32. (a) Every pleading(s) including
application(s), annexure(s) etc. in the High
Court shall be in English language duly
typed in black ink on both side of superior
quality legal size paper of 80GSM and above.
The font shall be Thorndale or Times New
Roman in size 14 withdouble space. Margins
on the top and bottom of the page shall
be1.25 inches and 0.75 inch, respectively.
The left side and right side margins shall be
1.25 inches. The numbering shall be at the
top middle of each page and will run through
both sides of the page, in accordance with
rule 2(a) Chapter-1, Part A(a) High Court
Rules and Orders Volume-V.
(b) The certified copy(ies) on both sides of
pages shall be permitted to be filed.
However, the certified copy(ies)/
photocopy(ies) dim printed/ not legible shall
also be filed with legible printed/ typed
copy of Annexure(s)/ Judgment(s)/
Order(s).
(c) Index/Application/Appeal/Revision/Petit
ion should be fairly typed and should not
be dim printed or illegible.
(d) As far as practicable no set/bunch of
documents shall be annexed as a single
annexure and each document shall be
annexed as a separate annexure.
33. (a) Vakalatnama/Power of Attorney should
be duly signed with date by the parties,
accepted and properly identified by the
Learned Counsel(s).
(b) In case, signature(s) of Petitioner(s)/
Appellant(s)/Respondent(s)/ Applicant
is/are obtained on back side of Power of
Attorney, then it should be signed and
accepted by Ld. Counsel(s).
34. (a) Power of Attorney should be duly filled in
with enrolment no., address and contact
number of the Advocate, with e-mail
address.
(b) Correct Serial Numbers and names in
capital letters in English Language should be
mentioned against the signatures of parties
in Power of Attorney /Vakalatnama.
(c) Name of the Ld. Govt. Pleader should be
mentioned with full name and signatures.
35. (a) Index should be properly prepared and
duly filled in all columns i.e. serial nos.
particulars, date, page no. and court fee etc.
(b) A typed/printed note/certificate that
‘Contents of Hard Copy and Soft Copy are
same’ should be mentioned in the Index.
(c) Following note be given at the bottom of
the index in all cases relating to MP/MLAs:
“Whether any sitting/former MP/MLA is
involved in the case or not?Yes/No”
36. Index should be signed by the advocate(s)/
parties With enrolment no. and contact
number.
37. Instructions regarding scrutinizing/
filing available on website of this Hon'ble
High Court Should be complied with.
38. An application for seeking exemption
alongwith affidavit from filing the certified
copy of impugned award/order should be
filed as the same are not forthcoming.
39. (a) An advance copy of misc. application
along with documents i.e. written statement
/ reply etc. should be supplied to all the
opposite party(ies)/counsels and
acknowledgement of the same be affixed on
the Index with complete legible name.
(b) In case Notice of Motion has been issued,
and no counsel has appeared yet, advance
copy should be supplied to opposite
party(ies) Through Registered Post. Also affix
original receipt of Regd. Post etc.
(c) Name, age and parentage of the
Person/Employee/Authorized Signatory with
designation in case of Govt. Servant, should
be mentioned in the Reply/ Written
Statement/ Application etc., who files the
Reply/ Written Statement/Application etc.

40. (a)Opening sheet should be filed.

(b)Opening sheet should be duly filled in all


respects
41. As to how this appeal/petition/revision
/application is within limitation?
42. No. of delay days should be correctly
mentioned in the application for condonation
of delay in filing of Appeal/Revision.
43. An application alongwith affidavit for
condoning of delay should be filed as the
Appeal/Revision is time barred.
44. Paperbook of Appeal/Revision/Misc.
application should be arranged properly in
the following manner:-
(i) Crl. Misc. Application, if any
(ii) Grounds of
Revision/RevisionPetition
(iii) Affidavit in support of Revision
Petition
(iv) Memo of Parties
(v) Judgment of Ld. Appellate Court.
(vi) Grounds of Appeal filed before Ld.
Trial Court
(vii) Judgment of Ld. Trial Court
(viii) Annexure, if any.
45. C.B.I. should be arrayed as party being
C.B.I. case.

46. Copy of order/judgment of Trial Court and


Appellate Court should be filed by
complainant in Acquittal case in
Appeal/Revision.
47. An advance copy should be supplied to the
office of Advocate General in application
under section 378(4) of Cr.P.C and its
acknowledgement should be attached.
48. Criminal Revision alongwith affidavit should
be filed in terms of Rule 3 Chapter 1A (b) High
Court Rules and Orders Volume V.
49 The requisite documents should be filed in
the compromised FIR quashing petition i.e.
(a) affidavit regarding proclaimed offender
(b) (b) Proof of identity of complainant i.e.
photo/I.D. etc.
(c) all information i.e. all accused involved in
the FIR has been impleaded, or a specific
reason for not impleading any co-accused
(d) impleading of all injured or otherwise no
other person are left to be impleaded as party
whose rights are likely to be prejudiced be
given.
50. (a) An advance copy of bail
application/petition should be supplied to the
office of Advocate General and its
acknowledgement should be attached.
(b) Advance copy of the Revision Petition filed
by the juvenile for bail be supplied to the
State concerned.
51. An advance copy of transfer
application/petition should be supplied to the
office of Advocate General and its
acknowledgement shouldbe attached.
52. Note regarding no such or similar case earlier
filed or pending in any Court of Law should
be given in the application/petition/appeal/
revision.
53. Particulars of FIR/Complaint i.e. Number,
Date, Section(s), Police Station and District in
Head Note and Prayer Clause should be given
and should be tally with FIR/Complaint
54. Consent of Ld.Advocate General should be
Obtained in Criminal Contempt case.
55. Note regarding any other connected/similar
case is pending or decided should be given
below index.
56. Headnote in the petition filed u/s438,439 and
application filed u/s389 and 397 of Cr.P.C.

should be specific regarding Ist, 2nd, 3rdor so


Petition/Application and status thereof.

57. Paperbook should be complete as per the


Index.
58. FIR/Complaint particulars should be same in
the headnote/prayer clause/impugned order
or any other relevant place in the paperbook.
59. Impugned Order filed in the Petition u/s 482
of Cr.P.C. should be marked as Annexure.

60. In Criminal Appeal and Criminal Revision


impugned order/judgment should not be
marked as Annexure.
61. Every impugned order should be complete
qua name of the Ld. Court Party names,
FIR/Complaint Particulars, Police Station etc.
62. The present case is totally incomplete, i.e.
Without Court Fee, Petition, Affidavit,
Annexure(s) and POA/Vakalatnama etc.
63. How the recalling/review is maintainable
under the provisions of Cr.P.C?
64. Process fee of Rs. 50/- in Regular Bail
Petition(s) as well as Revision filed by the
juvenile for bail and Rs. 25/- in application
u/s 389and397 Cr.P.C. be filed.
65. Instructions regarding NDPS Act be complied
with:-
(a) Whether the Petitioner is/was accused in
any other case(s)registered against him
anywhere in India? In case it is so, update
status of the proceedings in the case(s).
(b) If the Petitioner is on bail in any case(s)
pending against him or sentence awarded to
him in any other case(s) has been suspended
specific mention is required to be made.
(c) Number and title of any other pending
case(s) against the Petitioner in the Court
where such a case/petition is moved, should
be mentioned.
(d) Whether he has ever been declared
proclaimed offender in any case or not?
66. Details of all the cases registered against the
Accused/Applicant(s)/Appellant(s)/Petitioner(
s) and status thereof should be mentioned
while Filing the Appeal/Petition/Revision.
67. Against the order of Family Court passed
u/s125Cr.P.C,the nomenclature be written as
CRR(F).
68. In Criminal Misc. Application filed for
suspension of sentence, the following details
should be furnished:-
(a) Total period of sentence awarded.
(b) Under which Section conviction and
sentence has been awarded.
(c) How much period, the applicant has
already under gone on the date of filing of the
application.
69. In the cases filed by the run-away couple for
protection, the following information should
be mentioned:-
(a) Whether they are earlier married or not
before filing the present protection petition?
(b) If the petitioners are earlier married prior
to Filing of the protection petition, they
should bring the factum that it has been
dissolved by a lawful decree.
(c) Where representations to the authorities
concerned have been made and annexed with
the petitions; the postal or courier receipt etc.
be annexed with the petition. However, if the
representation has been made by hand to the
authorities concerned and averment to that
effect has been made in the petition, the
acknowledgement receipt of the
representation so made (if available), should
also form the part of the petition.”
70. Specific application for grant of leave to
appeal should be filed u/s 372 of Cr.P.C. in
terms of Section 378(3) Cr.P.C. in an appeal
filed against Acquittal in FIR case.
71. Complainant should be made a Party in the
complaint case, and State concerned should
be made a party in FIR case.
72. Certified copy of judgment is required to be
filed in an appeal which is filed against
conviction/sentence.
73. (a)Visible photographs of the Petitioner should
be annexed.
(b)Aadhaar Card(s) of the Petitioner(s) may
also be furnished.

74. Address of Local Counsel with contact number


be mentioned in POA/ Vakalatnama, in case of
outsider counsel(s).
75. Synopsis of the case:- After the index and
the Court fee with every case (petition, appeal
etc.) to be filed in the High Court a brief
synopsis of the case (concise statement of
relevant facts) in chronological order with
dates, shall be annexed. Reference to
document(s) in such synopsis shall
specifically mention (in bold letters in the
page margin at the relevant place) the
annexure number and the relevant page at
which such document is annexed.
99. ANYOTHEROBJECTION(s)(HANDWRITTEN)

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