section 46
Duties of the Advocate on Record
The Karnataka Conduct of Government Litigation Act, 2023General202383 sections12 chapters
Chapter VII SUPREME COURT LITIGATION
Statutory text
- (1) The Advocate on Records shall on receipt of the Authorisation, contact the Law Secretary and ensure that the pleadings and the records of the case are secured and on receipt of the same take immediate steps to file the case well within time. He shall also take steps to file necessary applications to get operation of the impugned order or judgment of the High Court stayed where such orders are made against the Government. He shall immediately after the filing of the case report, the action taken by him and the result of such action along with the Case Number to the Law Secretary and the Advocate General.
- (2) The Advocate on Record shall conduct the case in accordance with the Supreme Court Rules of Practice and in consultation with and according to the directions of the Law Secretary and the Advocate General.
- (3) The Advocate on Record shall, where he is not confident of arguing the case effectively himself, engage the services of a senior counsel from the panel of Senior Advocates prepared by the Government It shall be the duty of the Advocate on Record to keep the Law Secretary and the Advocate General informed of the progress of the case from time to time.
- (4) The Advocate on Record shall study the case fully and understand the case thoroughly, if necessary, with the assistance the officers of the concerned department or the Law Department and brief the Senior Advocate well in advance.
- (5) The Advocate on Record shall not, without the written authority from the Head of the Legal Cell of the concerned Administrative Department, concede any claim or part thereof, prejudicial to the interests of the Government.
- (6) The provisions of chapter V shall mutatis mutandis apply to the conduct of cases before the Supreme Court.
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