Legal Document View

Unlock Advanced Research with PRISMAI

- 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 Rajasthan - Section

Section 145 in The Rajasthan Law And Judicial Department Manual, 1952

145. Procedure to be followed in regard to an appeal to the Supreme Court.

(1)Whenever an appeal or other proceeding in which Government is involved is decided against the Government by the High Court, the Law Officer concerned shall intimate the fact to the Law and Judicial Department along with his opinion whether an appeal should be preferred to the Supreme Court.
(2)When it is decided by Government to go up in appeal to the Supreme Court from any judgment decree or any final order of the High Court, the Law Officer concerned shall, if necessary, apply to the High Court for grant of a certificate as required by Article 132(1) of the Constitution.
(3)When an appeal is to be filed in the Supreme Court, the Law Officer concerned, shall without delay, take steps to have the record prepared in the High Court in accordance with the Supreme Court Rules and the rules of the High Court for transmission to the Registrar. Supreme Court. He shall at the same time prepare a brief of the case and the tentative grounds of appeal for the use of the Standing Advocate on record and Counsel at New Delhi and forward the same through the Advocate-General to the Law and Judicial Department for further action.
(4)If a certificate is refused by the High Court, the Law Officer concerned shall, without delay, intimate the fact through the Advocate-General to the Law and Judicial Department alongwith his advice whether an application for special leave to appeal should be field in the Supreme Court. The Law and Judicial Department shall then issue necessary instructions to the Standing Advocate-on-Record at New Delhi.
(5)On receipt of intimation regarding the grant of special leave to appeal by the Supreme Court in any case, the Law and Judicial Department shall inform the Law Officer concerned of the fact, who shall then follow the same procedure in regard to that case as laid down in sub-rule(3).
(6)After receipt of the brief of the case and the tentative grounds of appeal from the Law Official concerned, the Law and Judicial Department shall take necessary steps for the filing of the appeal and for engagement of counsel for the proper conduct thereof in the Supreme Court.