Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Karnataka - Section

Section 15 in Karnataka Conduct of Government Litigation Rules, 1985

15. General.

(1)The office of the Advocate General shall on receipt of an order either to file a case or to defend a case before the Supreme Court, take immediate action to send to the Advocate on Record amount towards court fee, process charges, typing and other charges including out of pocket expenses as specified below,-
(A) In cases filed by Government:-
(a) in civil matters  
  (i) in individual cases : Rs.350/- each.
  (ii) in batch cases,-    
  (1) for first 20 cases : Rs.350/- each.
  (2) for next 30 cases : Rs.330/- each.
  (3) for the remaining cases : Rs.310/- each.
If the advocates on Record claims any amount in excess of what isstated above towards expenses he shall furnish detailed accountsin respect of such entire expenditure item-wise.
(b) in Criminal matters where Special LeavePetitions or Appeals are filed on behalf of the State Government,an amount of Rs.50/- towards expenses shall be sent by the Officeof the Advocate General. When such Criminal Special LeavePetitions or Appeals are admitted, expenses required for thepreparation of the paper book and for cyclostyling the recordsshall be met by the office of the Advocate General on receipt ofrequest from the Advocates on Record.
(B) In casesfiled against the Government:-
(a) in civil matters  
(i) in individual cases Rs.50/- each.
(ii) in batch cases:-  
  (1) for the first 20 cases Rs.50/- each.
  (2) for the next 30 cases Rs.40/- each.
  (3) for the remaining cases Rs.30/- each.
(b) in Criminal matters where the Advocate onRecord is authorised to defend the case on behalf of theGovernment, shall be paid Rs.50/- towards expenses.
(2)The office of the Advocate General shall send the amount along with the pleadings or immediately thereafter or immediately after receipt of the Government Order authorising the filing or defending of a case. The Advocate General's office should ensure that the papers and the amount reach the Advocate on Record well within time i.e., at least five days before the last date, so that the papers could be filed before the court within the period of limitation. The fact of having sent the amount towards court fees and other expenses to Advocates on Record shall invariably be communicated to the concerned Heads of Departments and in criminal matters to the concerned Superintendents of Police and also [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]. The Heads of Depts. and the concerned Superintendents of Police shall make necessary entries in their office records, and take such further steps in the matters as may be necessary for the purpose of maintenance of accounts and for effecting recoveries, wherever necessary.
(3)The Advocate on Records shall, on receipt of the Government Order, contact the Law Officer in case there is any delay on the part of the latter in forwarding the papers and on receipt of the pleadings take immediate steps to file it before the Supreme Court well within time. He shall also take steps to file necessary applications etc., to get operation of the impugned order or judgment of the High Court stayed where such orders are against the interests of State and shall inform immediately as to the action taken by him and the result of such action i.e., whether the appeal has been admitted, if so, number thereof, whether the interim order has been granted or not, etc. to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] and the Advocate General.
(4)The Advocate on Record shall promptly perform his duties as per Supreme Court Rules, in consultation with and according to the directions of [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]. The concerned Advocate on Record shall, if he is confident that he could argue the case effectively, argue the case himself or engage the services of a senior counsel in the panel of Senior Advocates prepared by the Government for arguing the case before the Supreme Court, if necessary, in consultation with [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]. It shall be the duty of the Advocate on Record to promptly intimate [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] the progress of each case from time to time.
(5)The Advocate on Record shall study the case fully and effectively and brief the senior Advocate well in advance. He may, if necessary, seek the assistance of any officer of the concerned department or [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998].
(6)The provisions of rules 6, 11 and 12 shall mutatis-mutandis apply to the conduct of cases before the Supreme Court as they apply to the conduct of cases before the High Court.
(7)No Advocate on Record shall, without the written authority from an officer of the cadre of the Deputy Secretary and above in [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall concede any claim or part thereof adversely affecting the interest of the State Government in any proceedings before the Supreme Court. If he makes any concession without such approval in any case before the Supreme Court serious notice will be taken thereof.