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Supreme Court - Daily Orders

Ashutosh Kumar @ Ashu vs State Of U.P. Thr. Secretary on 22 September, 2017

Author: Navin Sinha

Bench: Navin Sinha

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     ITEM NO.34                   COURT NO.3                 SECTION II

                         S U P R E M E C O U R T O F     I N D I A
                                 RECORD OF PROCEEDINGS

     Diary No(s). 4438/2017

     ASHUTOSH KUMAR @ ASHU                                    Petitioner(s)

                                          VERSUS

     STATE OF U.P.                                            Respondent(s)

     ((1)Non filing of FIR format.- (2)Incorrect mentioning of
     description of annexures in Index.-PAGE NUMBERING OF F/M, V/A NOT
     MENTIONED IN INDEX. FULL DESCRIPTION OF APPENDIX, ANNEXURE P 10
     REQUIRED. NAME AND DATE OF I/O WRONG IN INDEX. (3)Non inclusion of
     complete   listing    proforma    filled   in,    signed     in    the
     paper-books.-LISTING   PROFORMA   UNDATED,  UNSGINED,    NOT    PROPRE
     REGARDING CENTRAL ACT, SEDCTION, COLUMN 7. (4)Non filing of brief
     list of dates/events.-PAGE NOS. OF ANNEXURE NOT MENTIONED IN L/D.
     (5)Non-filing of certified copy of the impugned judgment.- (6)Non
     filing of application for exemption from Filing certified copy of
     the impugned judgment/order.- (7)Name of High Court, Cause Title
     etc not shown in plain copy of impugned order/incorrect case
     number.-NAME OF HIGH COURT NOT MENTIONED. (8)Non-filing of copy of
     the           judgment/order/notification/award/            Annexure/
     Gos/Appendix/letters dated.........etc.-TRANSLATED COPY OF CUSTORY
     CERTIFICATE REQUIRED(DETAILS TO BE CHECKED LATER ON.). COPY OF
     CRIMINAL APPEAL 881/2010 AND EXHIBITS REQUIRED. (9)Non-inclusion of
     the copy of surrender/ custody certificate in the paper book.-
     (10)Non filing of Copy of surrender proof/CUSTODY CERTIFICATE in
     respect of all convicts.- (11)Incomplete/INCORRECT addresses/STATUS
     of the parties and their representatives.-STATUS OF TRIAL COURT
     REQUIRED. (12)Memo of parties has not been filed.-M/P REQUIRED. C/T
     TO BE CHECKED. (13)Contents of petition/appeal, applications And
     accompanying documents Illegible/ not typed in double space On one
     side of the paper.-ORDER AND RULE OF SCR WRONG ON TOP AND PARA 3
     AND 4.PAGE NOS. E, 1 TYO 18 TO BE REPLACED AS IN DIM IMPRESSION AND
     ILLEGIBLE.ANNEXURE NO. NOT MENTIO0NED IN PARA 4. CLARIFY BLANK AT
     PAGE NO. 25. PRAYER 8(A) NOT PROPER. (14)Non-affixation of Welfare
     Stamp.- (15)Non Mentioning of capacity of executant for signing of
     vakalatnama-V/A JNOT SIGNED BY ADV. AND ENGLISH TRANSLATION OF
     RUBBER STAMP REQUIRED. (16)Non mentioning of date of filing/drawn
     by.- (17)Non-signing of certificate by Aor in support of
Signature Not Verified


     SLP-CERTIFICATE NOT PROPER AS NAME AND SIGN. OF ADV. NOT ON IT.
Digitally signed by
BALA PARVATHI
Date: 2017.09.23

     (18)Non-filing
13:08:23 IST
Reason:               of   affidavit   properly   executed-AFFIDAVIT     IS
     INCOMPLETE AND UNDATED. (19)Annexures..............referred to in
     the petition not true copies of the documents before the court
     below/ annexures not in chronological order as per list of
     dates.-TRUE COPY UNSIGNED. (20)Non-filing of application for
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condonation of delay in time barred Petition/Appeal.-PARA 1, PRAYER
(I) NOT PROPER, DELAY DAYS NOT MENTIONED AND APPLN. UNSIGNED IN
BOTH APPLNS. (21)Non filing of application for exemption from
filing Official Translation, with affidavit And court fee.-APPLN.
IS INCOMPLETE AS ANNEXURE NO. WITH PAGE NOS. NOT MENTIONEDAND ADV.
NAME AND SIGN. NOT PRESENT ON APPLN. )

Date : 22-09-2017 This petition was called on for hearing today.

CORAM :
          HON'BLE MR. JUSTICE NAVIN SINHA
                            [IN CHAMBERS]


For Petitioner(s)   Mr. Harish Pandey, AOR

For Respondent(s)


          UPON hearing the counsel the Court made the following
                              O R D E R

Learned counsel for the petitioner submits that the defects have been cured.

Office to verify the same and proceed accordingly.

   (B.PARVATHI)                                     (SUMAN JAIN)
   COURT MASTER                                    BRANCH OFFICER