Advices tendered by the legal advisers and litigation matters handled: Department of legal affairs

1. ADVICES TENDERED BY THE LEGAL ADVISERS

The primary function of the Department of Legal Affairs is to tender advice in the capacity of a legal adviser to the referring Ministry/Department of the Government of India. This year the Department received 5417 references from various Ministries/ Departments for legal advice. The types of references for legal advice include opinion for filing of SLP/review/ appeals before the Hon’ble Supreme Court, High Courts and other judicial/quasi-judicial forums, vetting of counter affidavits, conveyancing matters, competency for enacting state bills and private member bills, cabinet notes containing legislative and non-legislative proposals and opinion on other miscellaneous references involving legal complexities.

2. LITIGATION MATTERS HANDLED

1. Central Agency Section (CAS) - The Central Agency Section conducts litigation before the Supreme Court of India on behalf of all Ministries/Departments of the Central Government, National Capital Territory of Delhi, Union Territories, the office of the Comptroller & Auditor General of India (‘CAG’) and all field offices under the CAG.

2. The Litigation (High Court) Section – The Litigation (High Court) section handles the Litigations before the High Court of Delhi on behalf of all the Ministries/Departments of Govt. of India except the Income Tax Department. The types of litigation work dealt on behalf of the Union of India include Civil and Criminal Writ Petitions under Article 226 & 227 of the Constitution of India, Civil Misc. Applications, Division Bench Appeals, Company Applications, Execution Applications and Criminal Misc. etc. The cases dealt with and contested in Courts other than Delhi High Court are generally related to: - National Consumer Dispute Redressal Commission, Industrial Tribunal-cum-Labour Court, NCLT, NCLAT, Un-lawful activities (Prevention Tribunal), Debt Recovery Tribunal, Debt Recovery Appellate Tribunal, Immigration Appellate Committee, Appellate Tribunal for Electricity, Central Information Commission, District Consumer Form, NGT etc. This year a total of 7903 cases were received till 30.11.2022.

3. Litigation CAT (PB) Delhi Cell - The Litigation CAT (PB) Delhi Cell looks after the Cases/Litigation related to various Ministries/Department of the Government of India and nominates counsels from the approved panel to defend the interest of the UoI before the CAT (PB), Delhi. This year a total of 92936 cases were filed, out of which 75449 cases were disposed of and 17436 cases are pending for adjudication.

4. The Litigation (Lower Court) Section - The Litigation (Lower Court) Section handles the litigations before various District Courts, Consumer Dispute Redressal Commission/Tribunals in Delhi on behalf of all Ministries/Departments of Government of India. This year a total of 784 cases were received out of which 15 cases were disposed and 766 cases are pending for adjudication. Further, 284 panel advocates have been engaged for a period of 3 years during the year.

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