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Order XLII - Special Reference under Article 143 of the Constitution : Supreme Court Rules 2013

 

 

What is Special Reference under Article 143 of the Constitution? Order XLII of Supreme Court Rules 2013

Order XLII of Supreme Court Rules 2013 : "Special Reference under Article 143 of the Constitution"

1. On the receipt by the Registrar of the Order of the President referring a question of law or fact to the Court under article 143 of the Constitution the Registrar shall give notice to the Attorney-General for India to appear before the Court on a day specified in the notice to take the directions of the Court as to the parties who shall be served with notice of such reference, and the Court may, if it considers it desirable, order that notice of such reference, shall be served upon such parties as may be named in the order.

2. Subject to the directions of the Court the notice shall require all such parties served therewith as desired to be heard at the hearing of the reference to attend before the Court on the day fixed by the order to take the directions of the Court with respect to statements of facts and arguments and with respect, to the date of the hearing.

3. Subject to the provisions of this Order, on a reference under article 143 of the Constitution, the Court shall follow as nearly as may be the same procedure as is followed in proceedings before the Court in the exercise of its original jurisdiction, but with such variations as may appear to the Court to be appropriate and as the Court may direct.

 

4. After the hearing of the reference under article 143 of the Constitution the Registrar shall transmit to the President the report of the Court thereon.

5. The Court may make such order as it thinks fit as to the costs of all parties served with notice under these rules and appearing at the hearing of the reference under article 143 of the Constitution.

 

SUPREME COURT RULES 2013

Order XLI - Application for Transfer Under Article 139A(2) of constitution and section 25 of Code of Civil Procedure 1908

Order XLII - Special Reference under Article 143 of the Constitution

Order XLIII - Reference made by the President under Article 317(1) of the Constitution or any statute

Order XLIV - Reference made by the central Government / Statutory Tribunal under statutes

Order XLV - Reference under section 257 of the Income Tax Act 1961

 

 

(E) ELECTION PETITIONS

Order XLVI - Election Petitions under Part III of the Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952)

Order XLVII - Review

Order XLVIII - Curative Petition

PART-V

Order XLIX - Costs

Order L - Taxation

 

 

Order LI - Notice of Proceedings to the Attorney General for India or Advocate General of States

Order LII - Forms to be used

Order LIII - Service of documents

Order LIV - Commissions

Order LV - Power to dispense and inherent powers

 

 

Order LVI - Destruction of Records

Rules to regulate proceedings for contempt of the Supreme Court, 1975

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