LexSTATE OF PUNJAB versus ASHOK SINGH GARCHA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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(2008) 17 S.C.R. 1567
STATE OF PUNJAB & ANR.
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v..
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ASHOK SINGH GARCHA & ORS.
(Special Leave Petition (C) Nos. 29728-29731 of 2008)
DECEMBER 19, 2008
B
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[R.V. RAVEENDRAN AND J.M. PANCHAL, JJ.]
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SUPREME COURT RULES, 1960:
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Or. 16, r.4(1) - Petition for special leave to appeal -
Drafting and filing of - Noticing preparation and filing of c
defective SLPs - Court OBSERVED - Advocates-on-Record
should pay more attention to preparation and filing of SLPs
and should ensure that uncorrected, unedited SLPs, incorrect
translations and petition not accompanied by relevant
documents leading to avoidable adjournments are not filed
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- Practice and procedure.
Or. 4, rr. 5 and 6 - Advocate-on-Record - Court noticing
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that frequently Advocates-on-Record do not appear in SLPs
filed by them - Unhealthy practice of Advocates-on-Record
merely lending their names without taking responsibility for E
proper preparation and filing of SLPs or proper appearances
in cases, deprecated - Practice and Procedure - Ethics -
Judicial deprecation.
In the petitions for special leave to appeal, the Court
noticed inconsistencies between the facts of the case as
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appearing from the record and those mentioned in the
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synopsis/memo of dates filed along with the SLPs.
Dismissing the petitions on merits, the Court
OBSERVED:
1.Advocates-on-Record should pay more attention to
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preparation and filing of special leave petitions. In most
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of the SLPs, the synopsis/list of dates filed suffer from
defects namely: (i) filing of only a synopsis without list
of dates; (ii) filing of a list of dates without relevant
1567
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1568
SUPREME COURT REPORTS
[2008) 17 S.C.R.
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material facts/events or synopsis; (iii) filing of inaccurate
and incomplete synopsis/list of dates; and (iv) filing of
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lengthy synopsis/list of (fates without any effort to make
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them concise or precise. Such defects in preparation of
a proper synopsis/list of dates cause confusion and
B result in defeating the very purpose of requiring the filing
of synopsis/list of dates. Petitions which are uncorrected
and unedited or with inaccurate translations or not
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accompanied by relevant documents are also common
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leading to avoidable frequent adjournments. Fax, e-mail
...
c and photocopying facilities have reduced difficulties to
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a large extent in getting documents from far away places.
If clear and legible photocopies of certified copies of
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orders/judgments and other documents are filed, instead
of typed copies thereof, that may reduce errors in typing
and save time and expense. [Para 5 and 6] [1570-F-H;
D 1571-A-D, E]
2. One of the objects of providing that appearances
and filings in the Court shall be only by or through
Advocate-on".Record (unless the party appears in person)
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is to ensure that Advocates well versed with the
E Supreme Court Rules and experienced in drafting the
petitions will prepare ~nd file them. Further, the Court
frequently comes across special leave petitions, where
the Advocates-on-Record who filed them do not appear.
The unhealthy practice of Advocates-on-Record merely
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lending their names for filing SLPs or for entering
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'appearances', without taking the responsibility for
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proper preparation and filing of SLPs, or for proper
appearances in the cases, requires to be deprecated.
[Para 7] [1571-F-H; 1572-A-C]
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CIVIL APPELLATE JURISDICTION : Special Leave
Petition (C) Nos. 29728-29731 of 2008.
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From the final Judgment and Order dated 31.3.2008 and
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24.4.2008 of the High Court of Punjab and Haryana at
Chandigarh in LP.A. Nos. 90 & 91 of 2008 and LP.A. Nos.
H 94 & 95 of 2008.
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STATE OF PUNJAB & ANR. v. ASHOK SINGH
1569
GARCHA & ORS. [R.V. RAVEENDRAN, J.]
Kuldip Singh, R.K. Pandey, T.P. Mishra,;H.S. Sandhu and
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Ajay Pal for the Appellant.
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The following Order of the Court was delivered :
ORDER
R.V. RAVEENDRAN, J.1. No ground is made out for B
granting leave under Article 136 of the Constitution of India. The
special leave petitions are therefore dismissed. We would
however like to make a few observations in regard to the
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manner in which special leave petitions are drafted and filed,
as this case is a typical example of lack of care and attention c
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in drafting the petitions and list of dates.
2. The case of the petitioners is that there was a public
auction sale of certain surplus evacuee ruralExcerpt shown. Read the full judgment & AI analysis in Lexace.