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Scrutiny Criminal - Appeal 4

This document lists 29 points that will be verified in the scrutiny of a criminal appeal, including whether required documents like the index, synopsis, certified copies of lower court orders, vakalath, and memos of appearance are properly filed. It also checks that addresses and other identifying details are complete, appropriate legal provisions and prayers are cited, paginating and indexing are proper, and there are no other defects. Verification ensures all requirements for filing and processing the criminal appeal are satisfied.

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naveen Kumar
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105 views

Scrutiny Criminal - Appeal 4

This document lists 29 points that will be verified in the scrutiny of a criminal appeal, including whether required documents like the index, synopsis, certified copies of lower court orders, vakalath, and memos of appearance are properly filed. It also checks that addresses and other identifying details are complete, appropriate legal provisions and prayers are cited, paginating and indexing are proper, and there are no other defects. Verification ensures all requirements for filing and processing the criminal appeal are satisfied.

Uploaded by

naveen Kumar
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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INFORMATION TO ADVOCATES/PARTIES/PETITIONERS WITH


REGARD TO POINTS THAT WOULD BE VERIFIED IN
SCRUTINY OF CRIMINAL APPEAL
1. Whether appeal filed is maintainable or not?

2. Whether index is filed, signed and dated?


(Rule 2 of Chapter XII of Karnataka High Court Rules)
3. Whether synopsis is filed, signed and dated as per
Chapter VI Rule 4–A of Karnataka High Court Rules.

4. Whether correct provision of law is mentioned in appeal


memo as per Chapter XII Rule 1 of Karnataka High Court
Rules? (Sections 378(4), 374(2), 372, 377, 454, 449, 341
Cr.p.c.)?

5. Whether cause title in appeal memo is in proper form as


per Chapter VI of Karnataka High Court Rules?

6. Whether the names, age and address of Appellants and


Respondents stated in full and tally with those in the
cause title of the order/judgments of the courts below
as per Rule 2(4) Chapter VI of Karnataka High Court
Rules?

7. Whether Rank of the parties in High Court and Courts


below is mentioned in the Cause title of Criminal
Appeal? (Chapter VI of Karnataka High Court Rules).

8. Whether appeal memo contains address for service in the


aggrieved para as per Rule 2(4) Chapter VI of Karnataka
High Court Rules?

9. Whether appeal memo contains detailed facts, grounds and


prayer as per Chapter VI Rule 2 of Karnataka High Court
Rules?

10. Whether prayer in appeal memo is in proper form?


(Chapter VI of Karnataka High Court Rules)

11. Whether advocate has signed the appeal memo? (Chapter


VI of Karnataka High Court Rules)

12. Whether certified copy of sessions court order filed?


(Chapter VI of Karnataka High Court Rules)

13. Whether certified copy of trial court order filed?


(Chapter VI of Karnataka High Court Rules)
2

14. Whether certified copy filed is legible? (Rule 2 of


chapter XII of Karnataka High Court Rules)

15. Whether the Postal address of the parties a/w Pin Code
is furnished? (Circular No. R(J) 78/12 dated 10.8.12.)

16. Whether any of the party claimed Senior Citizen benefit?


If yes, age proof to be furnished.

17. In case English translation is filed whether the


advocate has mentioned beneath the said document as
“true translation copy” and signed?

18. Whether Vakalath is filed? (Chapter V of Karnataka High


court Rules)

i) Whether AWF Stamp of Rs.10/- is affixed as per


Circular NO.RPS 45/2005 Dated:18.5.2005?
ii) Whether Advocates signature with Enrollment No. is
mentioned? (HCK Notification No.5/2000, dated
24.8.2001).
iii) Whether Signature of all Appellant/s is made in the
vakalath?
iv) Whether Date of execution, place of acceptance with
date is mentioned?
v) Whether Executant’s signature is attested by
Advocate?
vi) Whether email address or cell phone number of the
Advocate is mentioned?
OR
1) In case a Memo of Appearance is filed:
i) Whether Advocate’s Signature with Roll No. and
Address is mentioned? (HCK Notification 5/2000,
dated 24.8.2001)
ii) Whether Rank of Party for whom the Advocate
appeared and also the reason for filing the Memo
of appearance on behalf of the party, instead of
filing Vakalath is mentioned?
iii) Whether AWF stamp of Rs.10/- is affixed?
iv) Whether email address or cell phone number of the
advocate is mentioned?

19. Whether IA for CD is filed u/s 5 of Limitation Act?


(Rule 7 of Chapter VI of the High Court Rules)
3

i) Whether correct no. of delay days is mentioned in


IA?
ii) Whether Full cause title is furnished in IA?(Chapter
X Rule 3 of High court Rules).
iii) Whether AWF stamp of Rs.5 is affixed on IA?
(Circular No.RPS 45/2005 dated 18.05.2005)
iv) Whether Affidavit or Memorandum of Facts is filed in
support of IA? (Chapter VI Rule 7 of Karnataka High
Court Rules).
v) Whether IA signed by the Advocate? (Rule 3 of
chapter X of Karnataka High Court Rules)
vi) Whether Affidavit is sworn to before competent
authority with address, Sl.No. of attestation or
whether Memorandum of Facts has been attested by
Deputy Registrar (Chapter XI Rule 5 of Karnataka
High Court Rules and General Circular No. 7/97 dated
26.05.1997)
20. Whether an IA seeking Special leave to appeal + affidavit
filed u/s 378(4) Cr.p.c. against the order of acquittal?
i) Whether Index has been filed for IA?
ii) Whether correct provision of law mentioned in IA?
iii) Whether Prayer made therein is in proper form?
iv) Whether AWF stamp of Rs.5 affixed on IA?
(Circular No.RPS 45/2005 dated 18.05.2005)
v) Whether Affidavit or Memorandum of Facts filed in
support of IA?
vi) Whether the application is signed by the
Advocate? (Rule 3 of chapter X of Karnataka High
Court Rules)
vii) Whether Affidavit is sworn to before competent
authority with address, Sl.No. of attestation or
whether Memorandum of Facts attested by Deputy
Registrar? General Circular No. 7/97 dated
26.05.1997).
21. Whether IA for Suspension of sentence + Affidavit is
filed U/S 389 of Cr.P.C. against the order of conviction.
i) Whether Index has been filed for IA?
ii) Whether correct provision of law is mentioned in
IA?
iii) Whether Prayer in IA is in proper form?
iv) Whether AWF stamp of Rs.5 affixed on IA?
(Circular No.RPS 45/2005 dated 18.05.2005)
v) Whether Affidavit or Memorandum of Facts is filed
in support of IA?
4

vi) Whether IA signed by the Advocate?


(Rule 3 of chapter X of Karnataka High Court
Rules)
vii) Whether Affidavit is sworn to before competent
authority with address, Sl.No. of attestation? MOF
attested by DR? (General Circular No. 7/97 dated
26.05.1997).

22. Whether the appeal papers are properly paginated,


stitched and Indexed?

23. Whether matter pertains to DB/SJ (As per Section 5(ii) of


Karnataka High Court Act 1961).

24. Whenever English translation is filed, then the Advocate


has to mention true as translation copy and signed?

25. Whether Second set is filed?

26. Whether Second set filed is legible?

27. Whether advocate has signed the second set?

28. Whether copy served on SPP or not?

29. Any other defects.

EXAMINER SECTION OFFICER ASSISTANT REGISTRAR


DATE:

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