DRAFTING for Supreme Court Paper II Advocate-on-Record (AOR) Examination of Supreme Court

Book excerpt: This book addresses as guide for aspirant advocates for Advocate-On-Record (AOR) Exams of Supreme Court of India. The aim is to explore the various types of drafting used in Supreme Court proceedings for AORs. The book consists of a compilation of fourteen chapters. The first chapter of the book discusses the introduction to drafting or pleading for advocate-on-record exams are elaborated. The second chapter discusses Public Interest Litigation – PIL Petition under Article 32 of the Constitution of India. The chapter includes drafting of PIL (Civil) and PIL (Criminal). The third chapter discusses the Writs under Article 32 of the Constitution of India. Basically the writs are of two types, Writs under Article 32 Order XXXV Rule 1 and Rule 2 of Supreme Court Rules, and Specific Writs under Article 32 Order XXXV Rule 7 and Rule 10 of Supreme Court Rules. The fourth chapter discusses the Contempt Petitions under Article 129 of the Constitution of India and Order XXXV Rule 1 and Rule 2 of Supreme Court Rules. The contempt petitions are of two types: Contempt Petition (Civil) under Order LV Rule 3(C) of Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, and Contempt Petition (Criminal) under Order LV Rule 3(C) of Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975. The fifth chapter discusses the Petitions of Plaint and Written Statement in a suit under Article 131 of Constitution of India. The chapter contains Drafting of the Plaint under Order XXIII Rule 1 to 5 of Supreme Court Rules, Summons under Order XXIV Rule 1 to 8 of Supreme Court Rules, and Written Statement on Behalf of Defendant under Order XXV Rule 1 to 10 of Supreme Court Rules. The sixth chapter discusses the Petitions for Special Leave and Statements of cases, etc under Article 132 and Article 133 of the Constitution of India. Majorly Petitions of Appeals are of two types (i) Petitions of Appeal (Civil), and (ii) Petitions of Appeal (Criminal). The seventh chapter discusses the Special Leave Petitions under Article 136 of the Constitution of India. Special Leave Petitions (Civil) under Order XVI of the Supreme Court Rules, and Special Leave Petitions (Criminal) under Order VIII Rule 1 to Rule 11 of the Supreme Court Rules, The eight chapter discusses the Review Petitions under Article 137 of Constitution of India. The review petitions are of two types which are Review Petition (Civil) under Article 137 Read with Order XL Rule 1of the SC Rules and Review Petition (Criminal) under Article 137 Read with Order XL Rule 2 of the SC Rules. The ninth chapter discusses the Caveat Petition under Article 129,137,141, and 142 Read with Order XXI Rule 1 to Rule 11 of the SC Rules. The tenth chapter discusses the Transfer Petitions under Order XVIII Rule 2 of the SC Rules. There are two kinds of Transfer Petitions which includes Transfer Petition (Civil) and Transfer Petition (Criminal). The eleventh chapter discusses the Index, Performa for First Listing, List of Dates, Memo of Parties, Check List and Letter for Circulation. The twelfth second chapter discusses the Curative Petition. The Curative Petition (Civil) under Article 137, 142 and Article 145 (1) (e) Read with Order XLVII Rule 6 of the SC Rules. The thirteenth chapter discusses the Affidavits Drafting like Counter Affidavit, Rejoinder Affidavit, Affidavit for Leave to serve short notice under Order VIII Rule 5(2) of SC Rules, Affidavit under Order XI of SC Rules, and Additional Affidavit under Order XI of SC Rules. The fourteenth chapter discusses the Miscellaneous Applications Application for Initiation of Contempt Proceedings (Article 145 Read with Section 23 of Contempt of Court ct 1971), Application for dispensing with Appeal Record (Miscellaneous Application under Order XVI Rule 11A of SC Rules), Miscellaneous Applications under Order XLVII of SC Rules are divided in to six categories i.e. Application for condonation of delay, Application for Bail, Application for Exemption from Surrender, Application for Stay, Application for Exemption, and Other Applications. I wrote this book especially for aspirant practicing advocates of Supreme Court of India which will certainly help them to understand the various types of drafting used in Supreme Court proceedings for advocate-on-record. This book can be very useful for other practicing advocates who are either practicing in Supreme Court or want to practice in Apex Court.