Information to Advocates with regard to

Points that would be Verified during

scrutiny of Civil Appeals and Petitions.

Regarding Format:
I Is the presentation duly authorized.
a) Whether the presentation form, appeal memo, vakalath, IAs,
affidavit and other necessary papers are duly signed and dated
by the counsel and/or the party?
(As per Chapter-VI)

b) Whether appeal and IAs are continuously paginated stitched

and accordingly indexed and papers are arranged in correct
order? (As per memo No.R(J) 48/12 dt.26.11.2012).

II Is the appeal OR petition competent and

maintainable:
a) Whether the appeal is maintainable as per required
provision?

b) Whether appeal is maintainable in view of Sec.19(1)

Karnataka Civil Court Act?
(RFA, MFA-CPC & LAC matters)
c) In case of MVC Cases, whether appeal is maintainable in
view of Sec.173(1) of MV Act and whether statutory deposit is
made?

d) In case of WC cases, whether receipt for having deposited

the award amount is furnished in view of Sec.30(1) of W.C. Act
(Owner or Insurance Company)

e) In case of RSA, WC, ESI, Tax Matters, whether

substantial question of law has been raised as per required
provision.

III Is the appeal OR petition presented in time,

Whether appeal/ petition is presented in time?

a) If not, whether IA for CD with full cause title is filed and
number of days delay has been mentioned? (Chapter-III Rule
18(3) of Civil Rules of Practice, circular dated:07.02.1996
GCE-729/94.)
b) In case of MFA.Crob files, date of service of notice to be
stated to verify limitation.

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IV Regarding Synopsis
a) Whether Synopsis is filed as per chapter VI Rule 4(A) of
Karnataka High Court Rules?

b) In case of MVC cases, whether following particulars are

furnished as per format? (Circular No.HCE 1331/2000
dt.15.12.2006 of High Court.)

- Date of Accident

- Age of injured/appellant/deceased at the time of

accident

- Vehicle No. involved in accident.

- Nature of injury

- Percentage of disability

- Amount awarded under various heads.

V Regarding Cause Title and Memorandum of

Appeal: (as per Chapter VI Rule (2) of High Court
Rules)

a) Whether provision under which the appeal/petition filed is

mentioned in cause title?

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b) Whether Trial court details regarding case No., date and
name of the Lower court along with individual specific ranking
with respect to all lower courts are mentioned?
( Chapter-VI Rule 2(1) & 3 of Karnataka High Court Rules.)

c) Whether parties name, age, address with pin-code tally

with those in the trial court order which is under challenge?
( Notification No.HCF 157/03 dt.10.02.2003.)

d) Whether address for service Para with local address of

counsels for appellant is mentioned?
(Chapter-VI Rule-3 of Karnataka High Court Rules.)

e) Whether particulars of the impugned Judgment/Order with

trial court details is mentioned immediately after paragraph
regarding service of Respondents?

f) Whether all the parties before trial court are made party to
the appeal (if not, necessary IA to be filed.)

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g) Whether grounds of appeal/petition in detail is mentioned?
(Chapter-VI Rule 2(6) of Karnataka High Court Rules.)

h) Whether paragraph pertaining to limitation is mentioned?

i) Whether particulars with prayer containing the details of

trial court case/impugned Judgment/Order is mentioned?

VI Regarding Valuation :

a) Whether court fee paid is sufficient or not?

b) Whether court fee receipt is furnished?

c) Whether detailed valuation as per Karnataka Court Fee and

Suit Valuation Act is stated.( As per Chapter-VI Rule -2(7) of
Karnataka High Court Rules)

d) Whether value of appeal in view of Sec.5(1) of Karnataka

High Court Act is mentioned and if value exceeds 15 lakhs
whether second set is filed?

e) With respect to LAC cases, whether valuation is stated and

court fee is paid as per Sec.48 of Karnataka Court fees and
Suits Valuation Act and Sec.23(1) of Land Acquisition Act ?

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VII Regarding enclosures:
a) Whether Certified Copy of judgment, decree, valuation
slip and/or impugned order challenged in appeal/petition is
filed? (Chapter-XII Rule 2 of High Court Rules.)

b) Whether typed copies are filed if certified copies are in

manuscript/not legible?
(Chapter-XII – Rule 2 of Karnataka High Court Rules.)

c) Whether all true copies are attested?

VIII Regarding Vakalath:

a) Whether vakalath is duly filled up, dated and signed?
(Chapter-V Rule-9(1)(3).)

b) Whether executant’s signature is identified by the

counsel? (Circular No.HCE94/01 dt.19.12.2005.)

c) Whether counsel name along with enrollment No. is

stated below the signature?
(Chapter-V Rule -9(2).)

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d) Whether petitioner/appellant’s name stated below
signature and whether executant signature is correctly
ranked?
(Circular No.HCE 94/2001 dt.19.12.2005.)

e) Whether GPA holder and natural guardian details

mentioned below signature?
(Circular No.HCE 94/2001 dt.19.12.2005.)

f) Whether GPA copy filed if appellant/petitioner is

represented by GPA holder? (Circular No.HCE 94/2001
dt.19.12.2005.)

g) Whether seal of the Company/Firm/Trust etc., is affixed

below signature in cases pertaining to Company/Trust cases?
(Circular No.HCE 94/01 dt.19.12.2005.)

h) Whether advocate’s welfare stamp of Rs.10 is affixed?

(Court order LAW LCL-05 dt.02.06.2007 (Circular No.LCA-III
GO/72/07.)

IX Regarding Interlocutory Application:

a) Whether IAs a/w supporting affidavit are filed ?

( Chapter –III Rule 18 of Karnataka Civil Rule of Practice)

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b) Whether Temporary Injunction Application is accompanied
with detailed schedule? (Order 39 Rule 1 & 2 of CPC.)

c) All documents accompanying the appeal memo should be

the one furnished before the trial court. If not, IA to be filed
under Order 41 Rule 27 of the CPC., for producing the
additional documents.

d) Whether Additional documents filed a/w IA’s are attested by

competent authority?
(Chapter-XI Rule 9 of High Court Rules.)

e) Whether advocate’s welfare stamp is affixed?

(Rs.5)Circular No.LCA III GO/72/07 dt.11.07.2007.)

f) Whether affidavit’s of IAs are sworn to before the competent

authority containing serial No. of attestation of affidavit under
proper seal and signature?
(Chapter-3 Rule-18 of Civil Rules of Practice.)

g) Whether IAs are stitched separately to main

appeal/petition?
( Chapter-III Rule 23 of Civil Rules of Practice.)

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X Other points:

a) In case of Revision petitions: whether details regarding

pending legal proceedings are stated?

b) Whether acknowledgment is produced for having served

copy to Caveator/Respondent?

c) Whether genealogical tree is furnished in cases arising

out of partition suits ?
(As per court order in RSA 3164/07 dt.28.03.2008.)

d) Whether 2nd set filed in case of FC, MC and G & WC

cases?

e) Whether necessary application along with Death

Certificate is filed when LRs want to come on record?
(Order 22 Rule 9 of CPC.)

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SALES TAX REVISION PETITION & SALES TAX APPEAL
In addition to the regular Form No.14 in Civil
Matters:
1. Whether the petition/appeal is filed as per required
provision and required forms?

2. Whether substantial question of law and findings of

Tribunal stated in the memorandum of appeal/petition?

3. Whether the matter is filed in time from the date of

communication?

4. Whether the Certified Copy of impugned order and

communication certificate is furnished?

5. Whether neat certified copy/Xerox copy of required JCCT

order and DCCT (A.D) (OR) penalty order are filed?

6. Whether necessary court fee is paid?

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