Caveat
rayu mahambare
(Querist) 25 June 2012
This query is : Resolved
Sir,
Plz guide me whether CAVEAT can be filed in the Hon'ble Supreme Court? The criminal writ petition is decided in my favour in the High Court. As a precautionery measure, in anticipation of possibility of other side challenging the said order of the High Court in Hon'ble Supreme Court, can I file CAVEAT in SC? If yes, can I get a draft of Caveat to be filed, from you my friends. or any other remedy available to me to avoid any ex-parte order.
A V Vishal
(Expert) 25 June 2012
Where a petition, not relating to any pending appeal, is expected to be filed or has been filed but has not yet been heard, any person claiming right to appear before the Court on the hearing of such petition, may lodge a caveat in that matter. Caveat Matching is done at the time of registration of the matter and if there is any caveat filed, a notice is sent to the Caveator with a copy to the Petitioner to serve copy of the petition alongwith its annexures upon the caveator and to file the proof of service. If the petition has already been filed, the petitioner shall be required to serve copy of the petition upon the caveator and deliver copies of papers filed in support of the petition to him.
In view of the fact that the Code of Criminal Procedure, substantive law governing the criminal procedure, makes no provision for caveat, the right of the applicant to lodge a caveat is without any legal sanction. There having no legal sanction behind the caveat lodged by the applicant no consequences follow.
Kiran Kumar
(Expert) 25 June 2012
well explained by Mr. Vishal.
Nu.Delhi.Law.Fora.
(Expert) 26 June 2012
Dear Querist,
If you wish that no Order should be [passed without hearing in a petition as contemplated t be filed by the opp. party in the Supreme Court, you may prefer to file Caveat in the Supreme Court.
You may obtain format from the SC website as well. Otherwise, you may ask help of local lawyer to enable you to be represented in the hearing before the Supreme Court/.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi
Adv.R.P.Chugh
(Expert) 26 June 2012
Dear Querist,
A Caveat can certainly be filed if you anticipate that the opposite party may challenge the Criminal Writ petition decision that you have in your favour. Once filed it stays on record for 6 months, and if any such case is filed - no adverse order (even temporary) is passed before giving a hearing to you, and the registry would inform you when challenge is filed.
Feel free to talk !
R.K Nanda
(Expert) 26 June 2012
Yes, you can file caveat in SC and no fixed format for it.
A V Vishal
(Expert) 26 June 2012
Can the learned members enlighten me the provisions in law to file caveat in criminal case
N.K.Assumi
(Expert) 26 June 2012
Supreme Court of India Practice and Procedure
Chapter VI (xi) Caveats :
Where a petition, not relating to any pending appeal, is expected to be filed or has been filed but has not yet been heard, any person claiming right to appear before the Court on the hearing of such petition, may lodge a caveat in that matter. Caveat Matching is done at the time of registration of the matter and if there is any caveat filed, a notice is sent to the Caveator with a copy to the Petitioner to serve copy of the petition alongwith its annexures upon the caveator and to file the proof of service.If the petition has already been filed, the petitioner shall be required to serve copy of the petition upon the caveator and deliver copies of papers filed in support of the petition to him. In the meanwhile, ’1N’ code will be given in the computer to bar its automatic listing. As and when proof of service is filed, the ‘1N’ code will be removed and the matter listed as per automatic allocation.
But I am also not sure if this applies to Supreme Court Criminal Jurisdiction.
A V Vishal
(Expert) 26 June 2012
Mr Assumi, I have a very specific query regarding caveats in criminal procedure code, please enlighten me.
N.K.Assumi
(Expert) 26 June 2012
Dear Vishal, although Chapter VI (XI) of SC Practice and procedure is clear about filling of caveat, I myself was not sure of it’s applicability in Criminal Jurisdiction. While searching the web on this matter I found this.
Tainted IAS officer Y Srilakshmi on Wednesday filed a petition in the Supreme Court seeking cancellation of orders of the Andhra Pradesh High Court suspending her bail in the illegal mining case even as CBI filed a caveat to preempt her move.
Srilakshmi filed the petition in the apex court challenging the High Court order of suspending of her bail plea.
In her special leave petition, she contended that the CBI apprehensions that she would influence witnesses if released on bail were not true. She assured the court that she would cooperate fully to the probing agency during the investigations.
Meanwhile, the CBI has filed caveat petition in the Supreme Court on Sri Lakshmi’s bail.
CBI Joint Director V V Laxminarayana has said that the Agency would file the supplementary charge sheet in the illegal mining case in the next 20 days.
It was seeking the Centre’s permission to include Srilakshmi’s name in the supplementary charge sheet.
Please share your views: Your views will be highly appreciated.
A V Vishal
(Expert) 26 June 2012
In the instant case discussed by you, since a criminal proceeding is initiated by the government and fresh bail application moved by the tainted officer cannot and will not be heard ex-parte without informing the PP, hence there is no scope for a caveat.
