Section 13 in Karnataka Conduct of Government Litigation Rules, 1985
13. Appeals or other cases filed by the State Government.
(1)The cases filed by the Government in the Supreme Court are mainly appeals filed against the judgments or orders of the High Court. On receipt of the copy of a judgment or order passed by the High Court if an appeal lies against such order to the Supreme Court, [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall examine the feasibility of filing an appeal to the Supreme Court. If the order of the High Court is of general application i.e., likely to be followed in other cases adversely affecting the interest of the Government, an appeal must be tried having regard to the merits of the case but irrespective of the actual implication of the order in that particular case. In other cases decision may be taken having regard to the merits of the case and the implication of the court order, if necessary, in consultation with the administrative department. [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall take such decision at least one month prior to the last date for filing the appeal.(2)In cases where a decision is taken to file an appeal [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall issue a Government Order authorising the Advocate General or any Law Officer attached to the office of the Advocate General to draft the Special Leave Petition or appeal petition, as the case may be, and other necessary pleadings for filing them before the Supreme Court. Normally the law officer who has handled the cases in the High Court shall be authorised for the purpose. The Government Order shall, among other things indicate the name of the Advocate on Record who shall handle the case in the Supreme Court, the last date for filing the special leave petition or appeal petition, gist of the grounds or points to be urged before the Supreme Court and also the steps to be taken by the office of the Advocate General. Copies of the Government Order shall be sent to the Advocate General, the concerned Advocate on Record, the concerned Administrative Secretariat, as also to the Head of the Department or the Officers, who are parties to the case. The office of the Advocate General and the Advocates on Records shall take all further steps in the matter in consultation with [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998].(3)The Law Officer so authorised, shall immediately prepare the necessary pleading including stay petition wherever necessary and finalise the same, if necessary, in consultation with [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]. Stay application should invariably be filed in all cases. He may also take the assistance of the Litigation Conducting Officer or any other officer of the concerned Department. Thereafter, the office of the Advocate General shall prepare required number of copies thereof and send the same along with all necessary documents, certified copies etc., to the Advocate on Record along with the necessary amount specified in rule 15(1) towards court fee, process charges, typing and other charges and out of pocket expenses, so as to reach the Advocate on Record at least five days before the last date for filing the appeal. Copies of the petition and other pleadings shall also be sent to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998], and the concerned Administrative Secretariat for reference.
