ADVOCATE ON RECORD (AOR)-2

Ans :The prescribed court fee for filing a Special Leave Petition (SLP) in India’s Supreme Court is INR 1500, as outlined in the Supreme Court rules. However, this fee can increase for “special cases,” and a separate court fee of INR 200 is required for each application within the SLP. 

Important Considerations 

Advocate-on-Record (AOR): Filing an SLP in the Supreme Court requires a qualified Advocate-on-Record (AOR).

Location: This fee applies to filings in the Supreme Court of India. Court fees for other courts may differ.

Special Cases: The fee for “special cases” can be higher, potentially INR 5000, although the specific conditions are not detailed in the provided results.

Applications: Each separate application filed alongside the SLP will require an additional court fee.

Ans : The prescribed court fee for filing a Special Leave Petition (SLP) in criminal matters in the Supreme Court of India is ₹1,500, with an additional ₹200 for every application made alongside the SLP. While there may be different fees for commercial or tax matters, criminal SLPs generally fall under the standard fee structure. 

Breakdown of Court Fees: 

• Special Leave Petition (SLP): ₹1,500
• Each Application: ₹200

Important Considerations:

Scope of Application:The ₹200 fee applies to any separate applications filed with the SLP, such as applications for interim relief or for the suspension of a sentence. 

Official Source:For the most definitive and current information, always refer to the official Supreme Court website or contact the Supreme Court registry directly, as fees can change. 

Ans : The court fee for filing an interlocutory application (IA) for an ex-parte interim order varies by the specific court and jurisdiction within India, as there isn’t a single universal fee. Generally, these fees are prescribed under the State’s Court Fees Act, which may require a nominal fixed fee, such as Rs. 50 or Rs. 100 for a standard IA, or could be based on the value of the suit if the application’s subject matter has a monetary value. 

Factors influencing the court fee:

• State and Jurisdiction:Court fees are determined at the state level, with each state having its own Court Fees Act, such as the Court Fees Act, 1870. 
• Type of Court:The fee structure differs between High Courts and District/Subordinate Courts. 
• Value of the Subject Matter:If the relief sought in the application has a quantifiable monetary value, the court fee may be based on that value, as outlined in the Court Fees Act. 
• Specific Rules:The Supreme Court and High Courts may have their own rules specifying fees for different interlocutory applications, such as the Supreme Court’s table listing codes for applications like ex-parte ad-interim relief. 

How to find the exact fee:

1. Contact the Court Registry:For the most accurate and up-to-date information, contact the court registry or a legal professional for advice

2. Check the Court’s Rules:Refer to the rules published by the specific High Court or District Court where you intend to file the application. These are often available on the court’s official website or at the court’s registry. 

3. Consult the Relevant Act:Consult the applicable Court Fees Act of your state to understand the fee structure. 

Ans : For a Transfer Petition arising out of a matrimonial dispute, the prescribed court fee in the Supreme Court of India is ₹500. This is a specific fee set for this type of petition, which is typically filed by a wife seeking to transfer her matrimonial case from a court in her husband’s jurisdiction to one in her own, primarily for convenience and safety.

This fee is separate from the fees for other types of petitions, such as a Special Leave Petition (₹1,500).

It is important to note that court fees can be revised over time, and for the most accurate and up-to-date information, it is always best to consult the official Supreme Court of India website’s “Court Fees Calculator” or the latest Supreme Court Rules.

Ans : Article 32 grants the Supreme Court power to issue writs only for the enforcement of fundamental rights, whereas Article 226 gives High Courts the power to issue writs for the enforcement of both fundamental rights and other legal rights. Article 226’s scope is therefore broader, encompassing a wider range of legal issues and providing a more expansive, territorial-based jurisdiction compared to the nationwide jurisdiction of the Supreme Court under Article 32.
 

Article 32 (Supreme Court) :

• Scope of Rights:Writs can only be issued for the enforcement of Fundamental Rights. 
• Jurisdiction:The Supreme Court’s jurisdiction is nationwide, covering the entire territory of India. 
• Discretion:The Supreme Court cannot refuse to hear a writ petition if a Fundamental Right has been violated; it has an obligatory duty. 
• Nature:It is a fundamental right in itself, considered the “heart and soul of the Constitution” by Dr. B.R. Ambedkar. 

Article 226 (High Courts) :

• Scope of Rights:Writs can be issued for the enforcement of both fundamental rights and other legal rights or any other purpose. 
• Jurisdiction:The High Courts’ writ jurisdiction is territorial, limited to the individuals and authorities within their respective states. 
• Discretion:High Courts have discretionary power and may choose to entertain or reject a writ petition. 
• Nature:It is a constitutional right that provides a wider scope for remedies, acting as a crucial mechanism for the enforcement of legal justice. 

Key Differences Summarized

Discretion: Supreme Court has no discretion to refuse; High Courts have discretion to decide. 

Nature of Rights: Article 32 for Fundamental Rights only; Article 226 for Fundamental Rights AND other legal rights. 

Jurisdiction: Article 32 is nationwide; Article 226 is territorial. 

Ans : As per the Supreme Court Rules, 2013, an Advocate on Record (AOR) is required to keep two specific books of account: a Cash Book and a Ledger. These books are essential for maintaining clear financial records, distinguishing the moneys received and paid in their professional practice, and ensuring proper accounting for their clients’ funds. 

Detailed Explanation 

• Cash Book:This book records all financial transactions (receipts and payments) in a chronological order. It provides a day-to-day account of the money handled by the AOR.
• Ledger:The ledger categorizes and summarizes the transactions recorded in the cash book. It allows the AOR to see the overall financial standing of their practice and the individual accounts of their clients.

Purpose

The requirement to keep these books of account serves several important functions: 

Taxation: It provides the necessary financial information for taxation and other compliance purposes.

Transparency: It ensures a transparent and accountable system for handling client money.

Client Records: It helps AORs maintain clear records of their financial dealings with each client.

Compliance: It fulfills the professional and ethical obligations stipulated by the Supreme Court Rules.

Ans : The procedure for an indigent person to file an appeal or an application before the Supreme Court is primarily governed by the Supreme Court Rules, 2013, and is also guided by the principles of Order 33 and Order 44 of the Code of Civil Procedure (CPC). The core objective is to ensure that a lack of financial means does not prevent a person from accessing justice.

What is an Indigent Person?

An indigent person, also known as a “pauper,” is someone who does not have sufficient financial means to pay the required court fees for a suit, appeal, or application. This is determined by the value of their movable and immovable property, excluding assets exempt from attachment in a legal decree.

Procedure for Filing Appeals and Applications

The process involves two stages: first, the application to be declared an indigent person, and second, the actual filing of the appeal or application after the court’s approval.
Application for Leave to Appeal/File as an Indigent Person The indigent person must first submit an application seeking permission to file their case without paying the court fees. This application should be accompanied by the draft of the intended appeal or application.

Contents of the Application The application must contain a detailed affidavit, stating that the applicant is not possessed of sufficient means to pay the prescribed court fees. It must also include a complete and accurate schedule of all the applicant’s movable and immovable properties, with their estimated value.

Inquiry and Decision The Supreme Court Registry, or a designated officer, will conduct a preliminary inquiry to verify the claim of indigence. This inquiry may involve examining the applicant, the contents of the affidavit, and any other evidence. The court may also order an inquiry by a lower court to ascertain the applicant’s financial status.

Acceptance or Rejection
If the application is allowed, the appeal or application will be registered as if the court fees have been paid, and it will proceed in the normal manner. The court may also assign an advocate to the indigent person through the Supreme Court Legal Services Committee.
If the application is rejected, the court may grant a specific time period for the applicant to pay the required court fees. If the fees are paid within that time, the case is considered to have been instituted on the date the original application for indigence was filed. If the fees are not paid, the appeal or application is rejected.

Key Provisions

Order XVI of the Supreme Court Rules, 2013: This order, titled “Appeals by Indigent Persons,” provides the specific procedure for filing and hearing such appeals before the Supreme Court.
Order 44 of the CPC: While the Supreme Court has its own rules, the principles of Order 44 of the CPC, which deals with appeals by indigent persons, are generally followed. This order allows a person to file an appeal without paying court fees by submitting an application for permission to appeal as an indigent person.
Order 33 of the CPC: This order, which deals with suits filed by indigent persons, also serves as a foundational principle, as it outlines the general procedure and criteria for determining indigence.

Ans : After passing the Advocate-on-Record (AOR) examination, there are several mandatory conditions an advocate must fulfill to be registered. These conditions are set out in the Supreme Court Rules, 2013, and are in addition to the prerequisites for taking the exam itself.

Mandatory Conditions for Registration

1. Maintain a Delhi Office: The advocate must have a registered office in Delhi within a 16 km radius of the Supreme Court building. They must provide the address of this office in their registration application. This ensures they are physically available to manage cases and appear before the court.
2. Employ a Registered Clerk: The advocate must employ a registered clerk within one month of their registration as an AOR. The clerk must be registered with the Supreme Court’s Registry. This is a practical requirement to ensure the advocate has assistance with the administrative and procedural aspects of filing cases.
3. Payment of Registration Fee: A prescribed registration fee must be paid along with the application form for registration. This is a nominal fee that is part of the formal process of becoming an AOR.

Once these conditions are met and the application for registration is submitted, it is reviewed by a Chamber Judge of the Supreme Court, who then passes a formal order allowing the advocate to practice as an AOR.