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Writ Appeal Scrutiny PDF

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The document outlines the steps and requirements for filing writ appeals according to the Karnataka High Court rules.

The writ appeals will be scrutinized to check if they comply with the procedural requirements listed in the document such as including a synopsis, citing the correct law, and providing contact details of the parties.

The memorandum of appeal must contain detailed facts, grounds for appeal, prayer, list of authorities, addresses of parties, and details of the impugned order being appealed.

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DISPLAYED FOR INFORMATION TO


ADVOCATES/PARTIES POINTS THAT WOULD BE
VERIFIED DURING SCRUTINY OF WRIT APPEALS
1. Whether Appeal is accompanied by Synopsis of the
case as required under Rule 2[3b] of Writ Proceedings
Rules? (List of dates in chronological order with relevant
material facts/events relating to each date)

2. Whether in Memorandum of Appeal, correct provision


of law mentioned?
(Either Sec.4 of Karnataka High Court Act or Rule 27 of
Writ Proceedings Rules)

3. Whether Memorandum of W.A. in two sets containing


the Addresses of Parties for Service and the details of
the Impugned Order? (Rule 27 of Writ Proceedings
Rules)

4. Whether Memorandum of W.A. contains detailed facts,


grounds, prayer and list of authorities in both the sets?
(Rule 27 of Writ Proceedings Rules)

5. Whether two sets are dated and signed by the


Advocate?(Rule 27 of Writ Proceedings Rules)

6. Whether the details of the Impugned Order are


mentioned in the relief claimed? (Number and date of
order to be furnished)
(Rule 27 of Writ Proceedings Rules)
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7. Whether Certified Copy of order is produced in the I


set and xerox copy thereof in the II set? (Rule 27 of Writ
Proceedings Rules)

8. Whether copies of Writ Petition, Verifying Affidavit


and Annexures filed are neat and legible and attested
by Advocate as true copy? (Rule 29 of Writ
Proceedings Rules)
9. Whether copies of statement of objections, its affidavit,
IAs filed in Writ Petition with affidavit and Annexures,
are neat and legible and attested by Advocate as True
Copy? (Rule 29 of Writ Proceedings Rules)

10. Whether Age, Name and Address of the Appellant/s


and Respondent/s given in full and tally with that in
Writ Petition?
(Whether any of the parties are physically handicapped to
be stated.)
(Age proof to be filed in respect of Sr.Citizen
Appellant) (Form V of Writ Proceedings Rules) (Memo
No.R(J) 25(M) dated 14.1.2003)

11. Whether reason for not making any of the parties of


WP in WA is mentioned at the end of cause title?
(Memo No.R(J) 25(M) dated 14.1.2003)
12. Whether rank of parties both in WP and WA is
mentioned in the cause title of WA? (Form V of Writ
Proceedings Rules)
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INTERIM APPLICATIONS
13. Whether two sets of IAs are filed and signed by
Advocate? (Rule 3 of Chapter X of H.C.Rules)

14. Whether correct provision of law is mentioned?


(Rule 3 of Chapter X of H.C.Rules)

15. Whether prayer in IA is Clear & in Precise Terms?


(Rule 3 of Chapter X of H.C.Rules)

16. Whether the IAs filed in WA are paginated in


continuation of WA papers, with separate index? (Rule
2 of Chapter XII of High Court Rules)

17. Whether IA for CD in Filing is filed with Full Cause


Title & No. of days delay in case of Appeals filed
beyond Limitation?
(Section 5 of Limitation Act, under Rule 7 of Chapter VI
of H.C.Rules)

18. Whether Additional Documents, which are filed in the


appeal along with the relevant I.A., have been got
marked and notarised by marking the said documents
as Annexures in continuation to those marked
Annexures, if any, by the appellant in the Writ Petition?
(Rule 9 of Chapter XI of High Court Rules)

19. Whether affidavit is sworn to before competent


authority with address, Serial No. of attestation?
(General Circular No.7/97 dated 26.5.97)
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20. Whether Advocates names are mentioned below their


signatures in WA, IAs, Vakalath, etc?
(Circular No.HCE 94/2001 dated 13.8.2002)

21. Whether papers are properly paginated stitched and


proper index is filed for both sets? (Rule 2 of Chapter
XII of High Court Rules)

22. Whether index is signed and dated in two sets?


(Rule 2 of Chapter XII of High Court Rules)

COURT FEE
23. Is proper court fee paid as per rule 7 and 36 of the Writ
Proceedings Rules 1977?

VAKALATH/MEMO OF APPEARANCE
24. Whether Vakalath/Memo of Appearance is filed?
(Rule 1 & 2 of Chapter V of High Court Rules &
Circular No.3/97 dated 26.3.97)

25. Whether Vakalath/Memo of Appearance is filed and


accepted by the Advocate with enrollment number, e-
mail address & cell phone numbers are mentioned?
(Rule 2, 3 and 9 of Chapter V of High Court Rules &
Notification No.HCLC 5/2000 dated 24.8.2001)

26. Whether all Appellants have signed the Vakalath?


(Rule 1 of Chapter V of High Court Rules)
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27. Whether date of execution, date and place of


acceptance is mentioned?
(Rule 9 of Chapter V of High Court Rules)

28. Whether Executants signature is attested by


Advocate?(Rule 7 of Chapter V of High Court Rules)

29. Whether copy of GPA when presented by GPA holder


is filed after Vakalath?

30. Whether Number and Rank of party for whom the


Advocate appeared for in W.P. are mentioned in the
Vakalath?

31. When English Translation is filed, then the Advocate


has to mention True and Correct Translation of
Original of Annexure:__ on each page and to be
signed

ADVOCATE WELFARE FUND STAMP

32. Whether AWF Stamp of Rs.10/- is affixed on


Vakalath/Memo Of Appearance?
(Circular No.RPS 45/05 dated 18.5.2005)

33. Whether AWF stamp of Rs.5/- is affixed on every IAs?


(Circular No.RPS 45/05 dated 18.5.2005)

Section Officer Asst. Registrar

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