High Court Objection Filing Checklist

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This document contains a checklist of 41 potential objections that may arise when filing various types of legal documents such as appeals, petitions, suits, and applications. Some key points…
  • Objections Checklist

OBJECTIONS CHECK LIST

1. Index should be properly prepared and duly filled in all columns [Link] nos. particulars,
date, page no. and court fee.
2. Index should be signed by the advocate with enrolment [Link] no. and email ID.
3. Age of the petitioner/appellant/plaintiff should be mentioned .
4. Hindi Version should be filed alongwith Civil Appeal/Civil Misc. Appeal/Civil
Revision/Criminal Appeal/Criminal.
5. Show the competency of person filed the present appeal/petition/review/revision/ Hindu
Marriage Act/suit/succession/guardian and application etc.
6. Correct provision of law should be mentioned in the appeal/revision/ petition/ Civil
Suit/application etc.
7. An affidavit in support of appeal/petition/application/review/Bail application/ should be filed.
8. Each page of affidavit should be signed by the deponent for certification of facts, a certificate
regarding the contents of affidavit which have been read over to the deponent of his regional
language by the attesting authority.
9. State case is required to be represented by the authorized.
10. Number of copies of Plaint/Appeal/Revision/Application/Documents should be filed as
numbers of defendants/respondents.
11. Summons should be filed alongwith the case as of number of defendants/respondents.
12. Authorization/resolution etc. should be filed in case of registered body.
13. General power of Attorney/Special power of Attorney should be filed.
14. General power of Attorney/ Special power of Attorney and other documents executed abroad
should be duly embossed.
15. Bar Welfare Wakalatnama should be filed in each case.
16. Correct and complete certified copy of Annexure should be filed.
17. Title of the case should be same in petition, Appeal, Civil Suit, application, index etc.
18. Prescribed court fee should be affixed in the appeal/ petition/suit/ revision/application etc.
19. Certificate of non-availability of stamp paper may be obtained from Treasury.
20. Court fee stamps should be properly affixed in the name of applicant.
21. Memo of parties should be filed.(Wherever is required).
22. Serial nos. (given to petitioners/respondents) should be correctly mentioned.
23. Complete address with parentage should be mentioned in the memo of parties.
24. Memo of parties should correspond according to impugned judgment/order.
25. Correct nomenclature of the case should be given.
26. Memo of parties should be signed by the Learned Counsel.
27. Complete and correct page marking at the top right corner should be done.
28. Grounds should be duly verified and signed by the Learned Counsel or in person.
29. Petition/Appeal/Application and all other relevant documents should be filed in the court
language neatly typed in double space on one side of legal paper in accordance with Rule 2(a)
Chapter-1,Part A(a)High Court Rules and Order Volume-V.
30. Wakalatnama/Power of Attorney should be duly signed with date by the parties,accepted and
properly identified by the Learned Counsel, executed and all counsels should also signed
power of attorney.
31. Power of Attorney should be filed duly filled in with enrolment no., address and contact
number of the advocate.
32. An application for seeking exemption alongwith affidavit from filing the certified copy of
impugned award/order should be filed as the same are not forthcoming.
33. In the contempt petition respondent(s) should be arrayed by name.
34. Opening sheet duly filled in all respects should be filed.
35. An application along with affidavit for condoning of delay should be filed as the case is time
barred i.e. regarding compliance of Rule 3-A Order 41 CPC.
36. Prior notice to the opposite party before filing the Caveat petition.
37. Section 148-A CPC (note regarding caveat) should be complied with.
38. Appeal should be filed in terms of Order 41 Rule 1 of CPC.
39. Certified copy of impugned Judgments/Orders of the courts below should be filed.
40. Schedule of property duly verified by the appellant and affidavit should be filed in Pauper
Appeal /Application of an indigent person.
41. Note should be mentioned with regard to any other connected/similar case is pending or
decided?
42. Particulars of FIR/Complaint i.e. Number, Date,Under Section,Police Station and District
should be mentioned in the application.
*******

Common questions

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To file an appeal, the index must be properly prepared with details like serial numbers, particulars, dates, page numbers, and court fees, signed by the advocate including their enrolment number, contact number, and email ID. The age of the petitioner must be stated, supported by an affidavit. The appeal should be filed with summons, necessary copies for all defendants/respondents, and a certified Annexure. It requires the prescribed court fee, correctly affixed stamps, and correct case nomenclature; the memo of parties should be complete and signed by counsel. It should include a Power of Attorney signed and identified by the counsel, and a schedule of property verified by affidavit in pauper applications .

An affidavit is mandated in support of any appeal, petition, application, review, or bail application. Each page of the affidavit must be signed by the deponent, with a certificate regarding the contents being read over in the deponent's regional language by the attesting authority . An affidavit is also required for exemption applications and for verifying the schedule of property in pauper appeals .

Documents executed abroad require due embossing for them to be valid in local courts. This involves ensuring the document's authenticity and acceptance within the jurisdiction, a crucial step for complying with international legal admissibility requirements .

Appeals must comply with Order 41 Rule 1 of the CPC, requiring the filing of a certified copy of the impugned judgments or orders. Additionally, an application along with an affidavit for condoning delay should be filed if the case is time-barred, aligning with Rule 3-A Order 41 CPC. Before filing a Caveat petition, one must give prior notice to the opposite party under Section 148-A CPC .

The case index must be carefully prepared, detailed with serial numbers, particulars, dates, page numbers, and court fees, and signed by the advocate with inclusion of enrolment number, contact details, and email. This ensures all necessary information is systematically organized for quick reference and verification, which is essential for maintaining the integrity and orderliness of the legal process .

The memo of parties must include complete addresses with parentage of the parties involved, correspond with the impugned judgment/order, and be signed by the Learned Counsel. It should correctly record the serial numbers assigned to petitioners/respondents to ensure all parties are accurately represented and legally accounted for in proceedings .

An exemption application alongside an affidavit is necessary when filing the certified copy of an award/order is not forthcoming. The affidavit justifies the absence by detailing the reasons why the certified copy cannot be produced at the time of filing, thereby seeking court permission to proceed without it temporarily .

An Opening Sheet must be thoroughly completed when submitting a legal case, as it provides a concise summary that introduces the basic details and context of the case to legal officials reviewing it. This sheet acts as a preliminary guide for understanding the progression and context of the case .

Filing Wakalatnama/Power of Attorney ensures the legitimacy of representation in the case, demonstrating that legal counsel is authorized to act on behalf of the parties. It must be duly signed by the parties, accepted, and identified by the counsel involved, ensuring all participating counsels' signatures verify its legitimacy .

The Power of Attorney must be duly filled with the advocate's enrolment number, address, and contact number. It should be signed and dated by the parties and properly identified by the advocate. If executed abroad, it must be duly embossed. All counsels should sign the Power of Attorney, with the advocate accepting and properly identifying it .

OBJECTIONS CHECK LIST 
1. Index should be properly prepared and duly filled in all columns i.e.serial nos. particulars, 
date
27. Complete and correct page marking at the top right corner should be done.
28. Grounds should be duly verified and signed

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