The Additiona I Registrar (Districts Establishment) shall have powers in regard to the following matters: ,.
( I) Reports about disposal by Judges and Magistrates ( other than Executive Magistrate),
(2) Promotiori, confirmation. transfer etc. of Deputy Clerk of Com1s and Clerk of Courts.
(3) . Inter Districts transfer of Class-Ill and Class-IV staff of the Subordinate Courts.
(4) Permission, if necessary, or filling11tfvacant posts of District Establishment.
(5) Grant oflcave and making local arrangeme~t for the post of Deputy Clerks of Court_ and Clerk of Court in long-tenn vacancies for~ period exceeding two months.
756 (6)
17.
(6)'
(7)
(8)
(9) (I 0) (l I)
(12) I Sanctioning appointments for a tenn not_exceeding six months of unqualified persons as Sale Amin.
Creation of Class-Ill and Class-I\' posts including contingency paid posts of Subordinate Courts and . their continuance.
Appointment of Oath Commissioners and renewal of their certificates and complafnts against them.
. . I Copying Section of Subordinate Courts and theft or loss of records of Subordinate Courts and Qf Ii igh Court ..
Continuance of temporary posts and conversion of temporary posts int5> pennanent posts of Class-Ill and Class-IV staff of Subordinate Court.
Quarterly/half yearly statement in respect of Scheduled Castes and Tribes employees.
All other matters relating to the District Establishment.
Additi.onal Registrar/Deputy Registrar:- The Additional Registrar/ Deputy Registrar shall perform such duties a~d discharge such functions as the Registrar General, with the.approval of the Chief Justice. may assign to them.
CHAPTER - III COURT HOURS AND OFFICES OF THE COURT A: COURT HOURS:
.\
18. The Court shall open daily, except on holidays/vacation, for the transaction of judicial business. The Judges • shall sit in Court between the hours of I 0.15 A.M. to 4.30 P.M. with a recess between-1.30 ·P.M. to 2.15 P.M.
B: OFFICES OF THE COl)RT; SITTINGS AND VACATION ETC.
19. · Except closed Saturdays and holidays, the Offices of the Court shall, subject to any order of the Chief .I ust ice.
remain open daily from I 0.00 AM to 5.00 PM,
20. Except on the day"s which are holidays, both for the Court and the Offices of the Court, the Offices shall remain open during Summer Vacation, Puja, Christmas and New Year Holidays of the Court at such time as the Chief Justice may direct.
21.
,. 22.
The Chief Justice may, during any vacation, appointone or more Judge(s) as Vacation Judge(s) to hear matters . . .
of urgent nature., The Vacation Judge(s) may hold Court either in Single 'Bench or in Division Bench as the situation may warrant during the Vacation.
CHAPTER-IV CONSTITUTION AND POWERS OF BENCHES A: CIVIL MATTERS SINGLE BENCH The following matters shall ordinarily be heard and disposed ofby a Judge sitting alone.
(I) An appeal from an appellate decree of a District Court.
(2) An appeal of a civil nature under any Act of the Central or Stat~ Legislature or First Appeals under the Code of Civil Procedure, the valu.e_of which does not exceed the sum qf Rs.3,00,000/- · i I· ~~-------~-~------,, ..
756 (7) (Rs. Three Lacs Only) and any application or reference made under such Acts. unles-; othcrn i~e expressly provided for under such Acts.
Explanation.-The value of a cross objection filed in any such appeal shall not be included in th.:
value of the appeal. However, if the value of the cross objection exceeds Rs.3.00.<JOO - (Rs. Three Lacs Only) the appeal as well as the cross objection shall both be IKanl by.
a Division Bench.
(3) An appeal from an appeal~ble order under the Code of Civil Procedure or under any other enactment unless otherwise proyided i_n the said enactment.
( 4) An appeal under Section 173 of the Motor Vehicles Act. 1988. the value of which does not exceed Rs.3.00,000/- (Rs. Three Lacs Only).
Explanation:- The value ofa cross objection filed in any such appeal shall not be included in tlw value of the appeal. However. if the value_ofthe cross objection exceeds· Rs.3.00.000/- (Rs. Thrl'c Lacs Only) the appeal as well as-the cross objection shall both be heard by a Division Bench. ·
(5) An appeal under Section 47 of the Guardian and Wards Act. 1890.
· (~) : An appeal relating to costs only.
(7) ... _ An application under Section 22, 23 or 24 o(the Code of Civil Procedµre.
. '
(8) Any app-lication under the provisions of Code of Civil Procedure or any,other enactment for the time
(9) being in force.made in an appeal, revision or any other proceedings in a matter within the jurisdiction · of a Judge sitting alone and which is not otherwise expressly provided for. • An application for revision under the Code of Civil Procedure or under any Central or SUte /\cl.
unless otherwise expressly provided in the said Central or State Act.
( 10) A suit coming before the Court in the exercise of its extraordinary original civil _jurisdiction.
( 11) A proceeding ofa civil nature under an Act of the Central or State Legislature. coming before the Court in the exercise of its original jurisdiction. · ( 12) An Election Petition tinder the Representation of the People Act. 1951.
( 13) Company matters. Probate and Letters of Administration matters of original_jurisdiction (on n@1ina tion by the Chief Justice).
( 14) All writ petitions under Article 226/227 of the Constitution of India except those falling \\·ithin thl" jurisdiction ofa Division Bench.
(15) All Taxation matters unless otherwise provided in the Central or State Act. from which the proc~cd ings are arising.
DIVISION BENCH • The following matters shall be heard by a Division Bench.
(I) Writ Petitions :
(i) · · Relating to Public Interest Litigation.
(ii) Where vires or validity' of an Act of Legislature or any Subordinate Legislation 1s under challenge. ·
(iii) Against tHe orders of Tribunal constituted under ArticlesJ23_A and 323B of the Constitu tion of India.
75_6 ( 8 )'
(iv)
(v)
(vi) Relating to Contract/Tender concerning to the' Government/ Public Undertakings' Local Bodies/ Statutory Bodies.
Relating to admission in medical / technical colleges.
,, Relating ro Excise Contract.
(2) Other Matters:
( i) Tax references and statutory appeals and applications for references in such cases.
(ii) Reference under Section 113 / Order XLYI of the Code of Civil Procedure. 1908.
(iii) Appeal under Section 22(A)/refercncc under Section 21 (5) of the Chartered Accountants . Act, 1949. .
(iv) Appeal under Section 19 of the Family Courts Act, 1984.
(v) Revision under Section 19 of the ChhattisgarhMadhyastham Adhikara~ Adhiniya111. 1983.
( vi) A II matters which, by any law or any judgn1ent having·force of law arc required to bt> heard by a Division Bench.
(vii} Appeals valued above Rs.3 lacs.
B: CRIMINAL MATTERS SINGLE BENCH
24. The following matters shall be heard by a SingleJudge.
25.•, (I) Applications for grant of bail under ~ections 438 or 439 of the Code of Criminal Procedure and applications under Section 482 of the Code of Criminal Procedure.
-· (2) Applications for transfer of Criminal Cases.
(3) . Applications for cancellation of bail.
' .
(4) Criminal Revisions except those which are to be heard by a Division Bench.
(5) Criminal Appeals against substantive sentence of not more than IO years.
(6) A case corning before the Court in the exercise of its ordinary or extraordinary original criminal jurisdiction except th~ cases under Secti0\1 15 of the Contempt of Courts Act, 1971.
, (7) Appeals, applications, or references under the Code -of Criminal Procedure. (lther t-han the cases falling within the jurisdiction of a Division Bench.
~ , • ;/> ' DIVISION BENCH The following matters ,shall be heard and disposed of,by a l)ivision Bench.
( I ) An -~pp~al or reference· in a case in which a sentence of death or imprisof!ment for I ife or a sentence ofrnore than·JO years'has been passe~. · .· ·. •·. · · ....• : · . .
(2) An application for leave filed under sub-section (3) of Section 378 of the Code of Criminal Procedur-:
in. ~espect of titlences punish.able with'sentenc~'of death odmprisonme.nt for life or in cases when.: lhl' . . . , .~ ' ' · maximum sentence provided is of more than·-1o·years and are. triable by the Court of Sessions.
• I • • • . / ..,.
,,c.
m-ih-1•1~ m. ~ 2s ~ 2001 756 < 9) ===========================================================--··------
(3) An appeal by the State Government under Section 378 of the Code of Criminal Procedure. from an order of acquitt~l in Sessions Trial, in respect of offences punishable with sentence_ of death oi im prisonment for life or where the maximum sentence is more than 10 years_ ,.,,
(4) A revision filed by a private party under Section 397 of the Code of Criminal Procedure or suo motu revision entertained under Section 40 I of the Code of Criminal Pri)cedure against acquittal in respect o'foffences punishable with sentence of death or imprisonment for life or imprisonment for more than IO years and triable by the Court of Sessions_
(5). A proceeding in which notice has been issued to an accused who has been sentenced to imprisonment . (6) ~for a term of five years or more, to show cause why the sentence shou Id not be enhanced.
A proceeding in whic~ notice is issued to a convicted person requiring.him to show cause why his conviction should not be altered to one ofan offence punishable only with death or imprisonment for life. , .
(7) An appeal under Section 377 of the Code of Criminal Procedure with regard to an accus1:d who ha~ . been sentenced·to undergo imprisonment for a period of 5 years or more.
(8) Appeals from conviction of offences punishable with imprisonment for lite.
(9) A ·petition for a writ in the nature of Habeas Corpus.
( I 0) Cases under the Contempt of Courts Act, 1971, where a case for criminal contempt is made out.
( 11) Any proceeding coming before th~ Court in the exercise of its ordinary and extraordinary original criminal jurisdiction.
C: FULL BENCH
26. • A Full Bench shall ordinarily be constituted of three Judges but may be constituted of more than three Judges in pursuance of an order in writing by the Chief Justice.
'· 27. The Chief Justice shall nominate the Judges constituting a Full Bench.
28. The following matters shall be heard by a Full Bench.
(I) References under Sectjon 57 & 60 of the Indian Stamp Act, 1899.
(2) Matters which are required by a Statute to be heard and decided by a F.L~II Bench.
(3) Such other 111atters as may be referred to the Fu II Bench.
·29_ Notwithstanding anything to the.contrary, the Chief Justice may direct that any application. petition. suit.
appeal. or reterence shall be heard by a Full Bench.
D: REFERENCE TO A LARGER BENCH
30. A Larger Bench shall be constituted of two or more Judges in pursuance of an order in writing· by the Chief Justice.
31. The Chief Jystice shall nominate the Judges constituting the Larger Bench which shall hear the matters re ferred by the'Chief Justice ..
( 1) A Judge sitting alone may refer any proceeding pending before him to the Chief.lust ice with a recom mendation that it be placed before a Bench of two Judges when it involves a question of law-of public importance.
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(2) A· Judge si,tting alone shall refer any proceeding pending before him to the Chief'Justice with a _recommendation that it be placed before a Bench of two Judoes if:- ~ . . b '
(i) it involves a substantial question of law as to the interpret~tiorrnf the Constitution or anv statutory enactment; ·· OR .
' (ii) it is considered that the decision in the proceeding involves r~considerati~n ofa decision of a Judge sitting alone. ·
(3) In a procee.~ing of the nature referred to in sub-rule (I) of this rule, the ret~rring Judge may refer a stated quest1on(s) or may recommend that the proceeding itself be heard and deci~ed by the Bench to which it is referred. · · ( 4) In cases of the nature referred to in clause (i) of sub-rule (2) of this rule, the proceeding shall be heard and de.cided by the Bench to which it is referred. · ' . (5) In proceedings of the nature referred to in clause (ii) of sub-rule (2) of this rule, the ~eferrin!!. judge shall ref~r. a stated que,stion(s) and shall dispose of the proceedings in accordance with the dccis.ion :1r the Bench on the question(s) referred to it. ·
33. i°fo Judge's'itting ai'~n~ considers that the decision of the proceeding pending b·efore him involves reconsidera tion of a decision of two or more Judges, he may refer it to the Chief Justice with a recommen·dation that it be placed before an appropriate Bench for a decision on a stated question(s). The referring Judge shall then dispose of the proceedings in accordance with the decision of the Bench on the questio11(s) referred io it.
34. When in any matter the Judges comprising the Division Bench differ on a point of law and state the point on which they differ, the proceedings shall be placed before the Chief Justice for the purpose of nominating one or more of the othe'r Judges to deal with the matter.
35. If a Bench of two Judges considers that the decision oft he proceeding pending before them involves reconsid eration ofa decision of two or more Judges, they may refer the matter to the Chief Justice with a recommenda tion that it oe placed before·a Full Bench. The referring Judges may refer a stated questioi1(s) ormay recom- · mend that the proceedirig itself be heard and decided by the Bench to which it is refe1:red. If the rderri11g Judges refer a stated question(s). they shall dispose of the proceeding in accordance with the decision of the Full Bench on the question(s) referred to it.
36.· E:GENERAL When in an appeal in any civil matter heard by a Bench of two Judges, a difference of opinion arises bt·twccn· them on a point of law, and if either of the Judges desires that the appeal be referred, it shall be referred to.
heard and disposed ofby such Judge(s) as the Chief Justice may nominate. The appeal shall be heard afresh by the J udge(s) to whom it is so referred either sitting apart from or with the referring Bench as the Chief Justice directs.
37. Save as provided by law or by these rules or by an order of the· Chief Justice. every other case shall be heard by a Sing'le Bench.
' 38. Subject to _the jurisdiction of the Bench(es); the Chief Justice may direct which case or class of cases shall be placed before each Bench.
39. Part heard matter:. A matter shall be treated part heard only ifit has been specifically so ordered by the
40.
. Bench, an·d it shall be listed before the same Bench. In case the matter is not disposed of within three months from the ·date of being marked as part heard. the same shall be deemed to have been (eleased from part heard and be placed before the Chief Justice for further orders.
: fc••:
An ~pplication for modification. clarification, restoration or review of an order, or a subsequent bai I applica tion under Section 438/439 of the Code of Criminal Procedure, shall be listed before the same Coram:
_,; - J ·•·';',,; }, ; .,, l ·1 1 f. 1 ;, • 1:·1·: •. /,; ]t I.) , .. ,, ~-, !.·~- ! '~)' · •',
Provided that if the same Coram is not available on account of retirement or for any other reason f ...
4 1.
a period ~fthree months and:- ( I) . if the matter relates to a Larger Bench then the same shall be listeq befor~ an equivalent Larger Bench of which one of the Members was a Member of the earlier Bench;
(2) if none of the Members of the earlier Bench is a~ailable then the application shail be listed b\!fore an equivalent regular Bench;
(3) in case ofa Single Bench, except subsequent bail applications, the matter shall be lisied before a regular Division Bench;
(4) in case of a Single Bench where the matter relates ·to a subsequent bai I application under Section 43 8/ 439 of the Code of Criminal Procedure, the same shall be listed befor~ the regular Single Bench.
Powers of Vacation Judge: - A Vacation Judge sitting alone shall also ·be entitled to take up the urgent matters of a Division Bench for the purpose of interim relief where circumstances require urgent hearing in the interest ofjustice .
F: BUSINESS RELATING TO SUPREME COURT
42. The business relating to the Supreme Court shall be laid before the Bench presided over by the Chief Justice unl_ess ptherwise directed. · ·
CHAPTER-V WRIT PETITIONS, HABEAS CORPUS AND PUBLIC INTEREST LITIGATIONS (PIL) A: WRIT PETITIONS
43. An application for writ, order or direction under Article 226/227 of the Constitution shall be moved in the format prescribed, in three sets duly supported by an affidavit by the petitioner or by one of the petitioner or by some other person, proved to the satisfaction of the Court to be acquainted with.the facts of the· case. as specified in sub-rule (I) of Rule 15 of Order VI of the Code. It shall also state whether an application on the· same cause of action had been previously filed before this·Court, and jf so, the result thereof.
44. (I) Every wrh petition un9er Article 226/227 ·ofthe Constitution of lridia shall on the first page contain the index and immediately thereafter the petitioner shall provide a synopsis indicating dates and events in chronological order, the relevant provisions of law and the authorities/judgments relied upon.
(2) The petitioner shall mention the grounds specifically and each ground should be distinctly stated.
(3) Any petitio·n not found to be in the prescribed format, including omission to state grounds distinctly as provided in the fo~at, shall be summarjjy dismissed.
45. Th~ averments made in the application shall generally be supported by proof, or evidence(s), enclosed as Annexure(s) to the writ petition. ,.
46. Where any interim relief/order such as stay, injunction, etc., is sought, such prayer shall be made by a separate application.
47. (I) If any writ, order or direction is·sought against the Union of .India. a ·State Government, a Public Officer or Authority,, as is covered by Article 12 of the Constitution, notice of the application with all annexure(s) shall be served, before filing, on the Assistant Solicitor General/ Advocate General/Standing Counsel, as-the case may _be.
(2) The Court shall not consider a prayer for any interim relief or stay if the mandatory require111ent of ·. Sub-rule (I) above is not complied with :
Provided however, that in emergent cases where the Court is satisfied that the purpose of r I•• f • '"f ,. .. ,, < , • r / 756 ( 12) m-ih-1,,1a ~, ~ 2s ~ 2001
(3) . I • ' _filing of the petition may b_e frustrated or that the matter does not warrant any delay or that there are sufficient grounds, for reasons to be recorded, to grant interim relief, the Court, on such terms as it thinks fit, may dispense with the requirement of such advance notice under this rule oil a Counsel who is not available/traceable. · . .
Even if a notice of the writ application is accepted in the Court or prior to filing, a formal and regular notice shaHbe issued to the opposite.parties through the Registry of the Court.
48. The Court may either summarily dismiss the petition or order a rule nisi to be issued against the opposite party as it thinks fit. Any rule so issued shall be made returnable on such date as the Court may direct, but it shall ordinarily not be made returnable within less than fourteen days after service thereof on the opposite party.
49.
50.
. .
The petitioner shall deposit the necessary process fees within three days of the order directing notice. or such time a~ the Court may order, along with as many copies of the petition together with annexures and affidavit as there are opposite parties.
Notice shall be served on· all opposite parties and <>n such other persons as-the Court may direct:
Provided that any person who desires, and appears to the Court to be a proper person, to be heard in opposition t.o the petition, may be heard, notwithstanding that he has not been served with the notice and shall be liable to costs inthe discretion of the Court. · . '
51. If at the liearing of the petition the Court is of the opin'ion that any person who ought to have been served with the notice of the petition has not been served, the Court may order that -noti_ce may also be served on such p1.:rson and adjourn the hearing upon such terms, if any, as the Court may direct.
52. An answer to the rule nisi or the notice to show cause shall be made supported by an affidavit, and by serving a copy thereof along with the copy ofannexure(s),"ifany, upon the petitioner or his Advocate, as the case may be, not later than the date fixed for showing cause.
53. No further return, affidavit or document shall be filed by any party except with the leave of the Court.
54. If the Court at-any time finds that the facts furnished are insufficient or further and better pa~iculars of any matter should be furnished, the Court may, of its own motion or on the application of any party, order any party to furnish such facts or particulars supported by an affidavit. If the petitioner or any other party fails to furnish the facts or particulars as ordered, the Court may either dismiss the petition or make sucll order in relation to the case as it thinks fit. '
55. (I) All questions of fact arising for determination under this Part shall be decided ordinarily upon affidavits but the Court may direct that such other evidence be taken as it ~ay deem fit. ·
(2) · · Where th.e Court orders that certain matters in .controversy between the parties shall be decided on oral evidence, it may either it self'record the evidence or may direct any Court or Tribunal or a · Cornmissioner appointed for the purpose to record it in accordance with the procedure prescribed in the Code of Civil Procedur~, 1908 for the trial of suits. · • . I.. • . • ,
56. Where any party against whom an interim order of any kind has been made files an application to the High
57.
Court for ·vacating the same, that application shall be listed immediately before the appropriate Bench for orders~ · · (I) No record of a case or proceeding in possession of any Court or public servant: relevant to the disposal of an application, shall be sent for, unless ordered by the Court either of its own. motion or upon an application made by _any of the parties to the petition.
(2) · Every application made under Sub-rule (1) of this Rule shall, unless the Court otherwise.directs, be supported by an affidavit showing how the record is mat~rial, and that the applicant ca'nnot, without unreasonable delay or expense, obtain a duly authenticated copy of the record or of such portion thereof as the applicant requires or that the production of the original is necessary.
..
+
58. · ( I ) 756 ( 13) In all cas~s whl!re the pleadings are complete ~nd the case is to be listed for final disposal. the Court may require the petitioner or the respondent, as the case may be. to submit a complete paper book. or paper books of their respective pleadings: ·
Provided that if ?dditional pleadings are filed during the cour-se of hearing. the parties shall be required to submit an index giving serial page numbers in continuation of the pages mentioned in the original table of contents of the paper ~ok, as the case may be. , -
(2) · ~leading(s)/paper book(s) related to writ petition(s) listed for final disposal shall be arranged in two separate tiles namely File' A' and File 'B'.
(3) File 'A' should be' arranged in t~e following manner:
Part-I
(i) This part shall consist of the writ petition with annexure(s) and if the writ petition has been .amended in between, the amended writ petition should be placed on top and the annexure(s)_ with the amended petition, if any, shall be placed just below .the original annexure(s) in continuation.
(ii) The rejoinder together with annexure(s) in continuation to the annexure(s) of the ,,;rit petition shall be placed just below the writ petition or the•amended writ petition. as the case may.be. ·
(iii) The return together with annexure (s) and the amended/additional return. if any. together with annexure(s) shall be arranged in the like m~nner.
Part-II This part shall consist of the application(s) for grant of interim relief and the application(s) for vacating stay, if any, and other interlocutory application(s). ·
(4) All other papers shall be part ofFile •s:.
*
59. The Court may in such proceedings impose such terms as to costs as it thinks fit.
60. Any party to a proceeding under Article 226/227 of the Constitution of India desiring to obtain execution of the order relating to costs awarded in such proceedings shall apply to the Court by a stamped petition. '
61. The Court thereupon shall direct the party against whom the costs are awarded to deposit the amount in Cout1 within such time as it deems fit, and upon his failure to deposit the amount within the prescribed period the · Court shall order issue of a certificate for the recovery of costs ~nd may also include the costs of the proceedings before it.
62. The certificate shall be issued under the signature of the Deputy Registrar and the seal of the Court and shall be executable as decree of a civil Court. All other writ, order, direction may be executable in the manner as may be directed by the Court.
63. The certificate shall be executable by the District Judge of the Civil District in which the party from whom the costs are to be recovered actually resides or carries on business ~r works for gain or has some property.
64. · The Court to which the certificate is issued shall execute it as a decree received on transfer for execution from another Court.
65. The fom1 of the certificate shall be as prescribed in these rules.
66. (I) 8: HABEAS CORPUS Any person desiring to apply to the High Court under Article 226 of the Constitution of India for· issuance of any writ. order, command or direction in the nature of Habeas Corpi1s shall. file' his application, as far a~ possible. in the format prescribed for tiling writ petitions ..
4.iO!C~.'"¥£F&¥½¥YM¢ '*' mt ~:re1Wc'53'C7TT-:::cm:w:_"'"'~ = tx7'%:rr 756 {14)
67.
(2) The application shall be accompanied by an affidavit of the person restrained or any other person acquainted with the facts and has approached the Court for taking cognizance of ·the matter. The application shall mention the nature and the circumstances of the restraint and stating if_any'previous application had been filed or not on behalf of the person restrained and in case such previous appl ica tion had been filed, the result thereof:
Provided that a person detained.in jail may submit his petition through the Superintendent Jail.
(3) When ari application is made by a person other than the detenu or the person restrained, sub-rule (I) and (2) above shall apply mutatis mutandis,
(4) The Rule relating to filing of affidavits in writ petition shall also apply to an application for a writ in the nature of Habeas Corpus. , Applications in the nature of Habeas Corpus filed under Article 226 of the Constitution of_ India shall be registered as "Writ Petitions (Habeas Corpus)" and shall be laid before the Division Bench fo1thwith.
68. If the Bench is of opinion that a primafacie case for granting the application is made out a rule nisi shall be issued ca 11 ing upon the person or persons against whom the order is sought. to appear on a day to be mentioned therein not later than two weeks to show cause why such order should not be made and at the same time. if so ordered. to produce in Court the body of the person alleged to be illegally detained then and there tobe dealt with in accordance with law. · 69, If a'return is filed in answer to the rule nisi, it shall be filed in four copies accompanied by an affidavit and such ~ · other documents as may b~ produced.
70. (I)· The High Court may order any fact to be proved by affidavit or by oral evidence if it considers it necessary.
(2) The High Court may, 'if necessary, direct a Court of Session or a Magistrate to tak~ evidence as · provided in Section 391-ofthe Code of Criminal Procedure.
71. On the retu·rn day of such rule or on any day to which the hearing thereof may be adjourned. if no cause is shown or if call!ie is shown and disallowed, the Court shall pass an order that the person· or persons i I k-ga I ly detained be set at liberty. If the cause is allowed, the rule shall be discharged, and the person or persllns detained, if present in Court, shall be deii'vered to the person en.titled to their custody.
72.
73.
In any case in which.the High Court orders a person in custody to be brought before it or before a Court- .
martial, or before any Commissioner, or to be rem 0 oved from one custody to another or to be set at liberty a warrant to that effect shall be prepared and signed by the Deputy Registrar and sealed with the seal of the High Court. ' ·Such warrant shall be forwarded by the Deputy Registrar when the person is under detention in a Jail, to the officer-in-charge of that jail or the public officer or other person holding the person in custody or restraint. In every other case, the warrant shall be served as the High Court may direct.
74. In disposing ofany such rule, the High Court may, in its discretion make such orde~ for costs as it may coi1sider just. ·
75. In all cases mentioned in this. Part of the Rules, where the matter is to be placed for final disposal the Court may order four copies of paper books to be prepared. The cost of the paper book shall be borne by the person who is responsible for illegal° deten~ion and in other cases the preparation of paper book shall be free of cost. Out · of these, two will be for the use.of the Bench and o~e ~ach fort~e Advocate Generai and the applicant.
76. The paper book shail consist ofthe application for the writ, the.affidavit and such other documents as may be filed by the parties:to the case or as the High C::ourt may o.rder to be. inch,1ded.
.;, " fl ..
77.
78.
79.
80.
( I ) mi1w1~ m, ~ 2s ~ 2001 756 ( 15) C: PUBLIC INTEREST LITIGATION The expre~sion 'Public Interest Litigatipn' connotes litigations undertaken for the purpose of re dressing public injury, enforcing public duty, or vindicating public interest.
"
(2) A matter involving individual or personal grievance shall not be treated as Public Interest Litigation.
(3) Under the orders of the Chief Justice, the Registrar General may; from time to time, notify guidelines indicating the nature of matters which would fall within the ambit of Public Interest Litigation.
J • • ....
(1) .(2) (I)
(2) . ' A proceeding in the nature of Public Interest Litigation shall be initiated by a social action group or a pu~lic spirited individual haying an. interest in the cause by filing a petitiori. However. in appropriat<.:
cases a written communication (other than by telegram, telex or:by fax)addressed to the Court or the Chief Justice may be treated as Public Interest Litigation subject to tbe other -provisions of these ~~- . - Such a written communication if relates to a matter falling within the guidelines referred to hereinabove·shall be treated as a petitic,m.. · Every petition, in the format prescribed, shall state succinctly the relevant f'acts,in order to enable-the Court to detennine whether a proceeding in the nat·ure of P'ublic Interest Litigation shall be initiated/ entertained. The petition shall contain a concise statement indicating the nature of the interest of the petitioner in the case and about his co1npetence to be placed in charge of the qmiage of the proceed- . ing. The petjtion shall also contain a statement whet!1er any petition has earlier been-moved in this Court relating to the same cause and the result thereat:
f.
The petitioner shall make·a statement that he has no individual/ personal interest in the subject matter except in cases where the petitioner is one amongst the members/group/society/ community for who~e benefit the P.1. L. has been ti led. I fhe has any individual/personal interest. he shall disclose the same.
(3) Where the petitioner relies upon a document(s) in his possession-or power, he shall file such documei1t( s) or true copi~s thereof with the petition.
(4) The petition shall be accompanied by an application seeking leave for waiver of the /oC11,~· stancli rule.
. ' ~
(5) The petition shall be supported ,by an affidavit.
( 1) If a proceeding in the nature of Public Interest Litigation has already been entertained and is pending no other petition or communication relating to the same matter shall be entertained. Any person wishing to place any other facet of the same matter before the Court, may accordingly apply for directions in the pending matter. '
(2) After the Public Interest Litigation has been entertained and in case an amicus curiae has been appointed the Couri shall ~e approached for all further actions through the said amicus rnriue onl:.
81. Unless otherwise directed, a petitioner in a Public Interest Litigation shall submit proof of deposit of security amount of Rs.5,000/- at the time of presentation of a Public Interest Litigation.
82. (I) Every wrhten communication treated as a petition shall be placed for _directions regarding registra~ tion before the Chief Justice or the Judge nominated by the Chief Justice for the purpose in Chambers.
The Chief Justice/Judge in Chambers may, ffhe considers it necessary, direct the person or personc;
sending the written communication· to file an affidavit in support of the statements contained in the communication within the period prescribed in such direction. In the event of failure on the part of the person or persons sending the written communication to file an affidavit within the period so prescribed no further action would be taken on the sai~ communication and it shall be tiled.
(2) Every written communication treated as a petition in which-the petitioner is not represented by a Counsel shall, after registration, be placed before the Court for directions regarding preliminary hearing. The Court shall in every such matter nominate an advocate to present the matter at the stage of preliminary hearing.
' I ·• ' ;
756 ( 16) ®ffifl•i<Z m, fc::;ricfl 2s ~- 2007
83.
" (3) The petition, or.the written communication, shall thereafter be posted before the Court for prelimi inary hearing and for orders as to issue ofnotice. In case of a P.I.L.;to be treated so on the basis of a written communication, if the Court feels it necessary to ascertain the veracity of the allegations made in the communication, it may call forthe report from the concerned_ authority before proceeding· further in the matter. Upon hearing, the Court, if satisfit:d that the person initiating the proceedings has sufficient interest in the cause and that a prima.facie case is made out for initiating the proceed, ing, niay grant leave for waiver of the loc-us siandi rule and issue notice to the concerned Government and/or authority as \Veil as to any other person or persons who may be adversely affected by any order passed·in the proceeding. If the Court is not so satisfied it shall drop the proceeding . . .
(4) Every proceeding in the nature of Public Interest Litigation, except on registration on written infor mation, shall have, as its cause title, the cause which is the subject matter of the proceeding in the following form- W.P. (PIL) No .....•.......... of.: ...... .' ... .
. In re: (Mention the nature-of the cause) After service of n~tice the matter shall lie placed for hearing before the Division ·sench headed by the Chief Justice unless otherwise directed. · · ·
84. The Court ·may, if it considers necessary, appoint an advocate as amicus curiae for the purpose of assisting it in the disposal of the proceeding .
...
85. If it is found that the proceeding has been initiated malafidely with an oblique motive or is frivolous o~· vexatious, the Court may, while dismissing the petition, impose costs on the person or persons.responsible for initiation of the proceeding. . . · , · .
86. Save as othen~ise provided by the Rules ~ontained in this chapter, the other provisions of the High Court Rules· shall mulatis mutandis apply to this proceeding. · /.
PETITIONER(S) · RESPONDENT(S) ~'dlwlit ~. ~ 28 ~ 2007 FORMAT OF WRIT PETITION IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION(__) NO. __ OF __ _ Versus WRIT PETITION UNDER ARTICLE 226/227 OF THE CQNSTITUTION OF INDIA I. PARTICULARS OF THE PETITIONER(S) ..
2. PART!Cl!LARS OFT.HE RESPONDENT(S) ..
3. PARTICULARS Of THE CAUSE/ORDER AGAINST WHICH THE PETITION IS MADE.
SUBJECl MATTER IN BRIEF.
/ 756 ( 17) ..
4. WHETHER CAVEAT FILED, IF YES, WHETHER COPY OF THE PETITION SUPPLIED TO THE· CAVEATOR.
5. DETAILS OF REMEDIES EXHAUSTED
6. MATTER NOT PREVIOUSLY °FILED OR PENDING WITH ANY OTHER COURT OF LAW
7. DELAY, IF ANY, IN FILING THE PETITION.
8. FACTS OF THE CASE
9.
10.
Place Dated V
8.1
8.2 GROUNDS (Dfstinct grounds to be raised separately) ,
9.1
9.2 RELIEF(S) SOl)GHT Counsel forthe Petitioner(s) 756 (18).
FORMAT FOR FILING OF PUBLIC INTEREST LITIGATION PETITION . . ' IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (PIL) NO ........ OF...... · · In Re: ....................... (cause for which PIL is submitted) PETITIONER(S).
\ .
Versus RESPONDENT(S) ..
I. PARTICULARS OF TH.E PETJTIONER(S) (same as format of writ petition).
3.
PARTICULARS OF THE RESPONDENT(S) (same as format of writ petition).
(A) PARTICULARS _OF THE CAUSE/ORDER AGAINST· WHICH THE PETITION IS BEINC, PREFERRED.
(B) · SUBJECT MATTER IN BRIEF.
(C) (I) (II) (III) (IV) (V) (VI) .
The present p,etition under Article 226 of the Constitution of India is being filed by way of· public interest litigation and the petitioner has no personal intere~t (if he has any personal interest such .interest must be disclosed). The petition is being filed in the interest of _____ _ (give particulars of the class of persons for whose benefit the petition is filed).
' · Th.at the petitioner is __ (give short background of the petitioner; if the petitione't· is an organization, the names of the office-bearers must be furnished). The petitioner has earlier filed/not filed any other public interest petition (ir°filed; details of such PIL filed including · t~.e case nu1jllber and the court, status .and brief description of the. order, passed mu~t be ' given. It must also be stated whether 111 any of such cases any co.st has been awarded tor or imposed against the petitioner; and whether 'any appreciation or stri~ture has been passed).
That the petitioner is filing the present petition on his own and not at the instance of some one else. Th~ litigation cost, including the advocate's fee and the traveling expenses of the lawyer, if any, are being borne by the petitioner himself (if not, the petitioner must disclose the source of funds).
The s_ource of information of the facts pleaded in this Public Interest Litigation. is based on _____ .(if news report, whether the applicant has verified the facts by personally visiting the place, -talking to other people or from the _reporter/editor of the newspaper concerned. If the petitioner does not' wish to disclose the so~rce, he may say so with re_asons). . - ., That the petitioner has/has not sent representation in this regard. (if yes, d_etails of such representation and reply, if any, from the authority concerned along with copies thereof must be filed._ If not, reason for not sending such repres~ntation ).
That to the best of knowledge_ of the p~titioner, ~o public .interest 'petition (whether filed by the petitioner hinis'elfor by s&nieone ~lse) raising the same issue is filed before this Hon'ble C?urt or before any other Court: (if filed:, details thereof)·.
4. WHETHER CAVEAT FILED, IF YES. WHETHER COPY OF THE PETITION SUPPLIED TO THE .CAVEATOR.
5. D.ETAILS OF REMEDIES EXHAUSTED ...
0'ffifl•i~ ~' mtEf; 28 ~ 2007 756 (19) '
6. MATTER NOT PREVIOUSLY FILED OR PENDING WITH ANY OTHER COURT OF LAW.
7. DELAY! IF ANY, IN flUNG THE PEHTION ..
8. FACTS OF THE CASE
8. I
8.2.
9. GROUNDS State separate grounds with specific mention of violation of particular constitutional-or statutory provision or any administrative instruction. The relevant provision of the Constitution and stat.ute must be q~ote.d and · administrative instruction must be filed. · · I
9.1
9.2
10. RELIEF(S) SOUGHT.
Place: Counsel for the Petitioner{s) Dated:
756 (20) FORMS · • IN TH.E HIGH.COURT OF.CHHATTISGARH AT BILASPUR NOTICE · General Form \ Writ Petition (Habeas Corpus) No ............. : ......... of20.; .. .
. : . ......... ··········:····APPiicant.
To, :················· .. ··········································Non-Applicant , Whereas an application has been made in the above case by the applicant for a writ in the nat(!rC ofJ-la~1eas Corpus for direction under Article 226 of the Constitution (copy of application enclosed).
Take notice that the .............. day of ........ 20 .... has been fixe_d for hearing and the case will be laid before .
the Court on "that day or as soon thereafter as may be practicable. If n9 appearance is made on your behalf either in pers.on.or through counsel or someone legally authorized to act for you, it win be heard and decided ex parte. · If you 9esire to file a return in answer to the application; your attention is drawn to Rule 69 of the High Cou1i Rules tq regulate proceedings for directions, orders or writs in the nature of Habeas Corpus, printed overleaf. · Given under my hand and the seal of the High·<;::ourt of Chhattisgarh at Bilaspur, this .............. day qf ......... · .......... 20.... .· (Seal of the Court) --- By Order of the High Court, Registrar (Judicial).
Forwarded to the .................... for favour of service and immediate return of the original duly endorsed.
The necessary proces~ fee has be~n levied. · · (Overleaf) ~ Registr~r (Judicial~ .
Rule 69.- .If a return is filed in answer to the rule nisi, it shall be filed in four copies accompanied by an affidavit and · · such other documents as may be produced. . . , .- ., ... ~' ... ..,.. ,,,.
,i ... , t ~'dlfl•I~ Uffl, ~ 28 ~ 2007 756 (21)· IN THE HIGH COURT OF c·HHATTISGARH AT BILASPUR No ... .' ...... _ ................. .
From Registrar (Judicial), • High Court ofChhattisgarh at Bilaspur.
Bilaspur the: ........... .20 .............. .
Subject: Sir.
Notice to Non'-applicant No ........ in Writ Petition (Habeas Corpus) No ........ of20 ........... .
'\am directed to inform you that one ............................ has filed an application under Article 226 of the Constitution of lndfa (copy enclosed) in this Court, and the same has been registered as Writ Petition (Habeas Cm1ms) No ......... of20 .... · Take notice that the said Writ Petition has been fixed,for hearing on the .................. day of ........ 20 .... and that the case willbe laid before the Court on that day or as soon thereafter as may be practicable. lfno appearance is· made on your bihalfeither in person or through Counsel or someo.ne legally authorized to act for you, it will be h~ard and decided ex parte. .
If you desire to file a return in answer to the application.your attention is drawn to Rule 69 of the High Court Rules to_ regulate proceedings for directions, orders or writs in the nature of Habeas Corpus, printed overleaf.
I am to request you for an immediate acknowledgemen{ofthis 0 letter.
Yours'faithfully.
Registrar (Judicial).
(Sea_l of the Court) Enclosure: Copy of the application.
...
(Overleaf) Rule 69r If a return is filed in answer to the rule nisi, it shall be filed in four copies accompanied by an affidavit and S\lCh other documents as may be produced.
._ 756 (22) IN THE HIGH COURT OF CHHATTISGARR AT BILASPUR NOTICE General Form Writ Petition ( ) No ... : ........... of20 .... .
. ........ Petitioner.
................ : ...................... -: ..................... Opposite Par1y ..
To, ..............................
•.
. I • ' • •. , · . Whereas a petition has been made in the above case by the petitioner for a direction/order/writ of Mandamus/ Prohibition/Certiorari/Quo Warranto under Articl~ 226/227 of the C:onstitution of India ( copy of petitio,1 enc.loscd ).
Take notice that the,• .......... day of ... · ...... 20 .. :-. has beeri fixed for hearing, and the said petition wi 11 be laid before the Court on that day or as soon thereafter as.may be practicable. lfno appearance is made on your behalf. either in person or through Counsel or someone legally authorized to act for you, it will be heard and decided ex parte. · . ' - .
I . If you desire to file a return in answer to the petition, your attention is drawn to Rules 52 and 53 of the High Court Rules regulating proceedings f9r direcJions, orders and writs in the nature of Mandamus, Prohibition, Certiorari and Quo f arranto etc., printed over leaf.
Given under ~y hand and the seal of the High Court ofChhattisgarh, Bilaspur, this ......... day of.: .... 20 ... .
By Order of the High Coun . Registrar (Judicial) Forwarded to the ............ 'for favour of service and immediate retum of the.original duly endorsed. The necessary process-fee has been levied. • ' · Rule 52.- '· Rule 53;- Registrar (Judicial) (Overleaf) .
An answer to the rule nisi or the notice to show cause shall be made supported by an aflidavit, and by serving a copy thereof along with the copy of annexure(s), if any, upon the petitioner or his Advocate.
as the case may be, notlater than the date fixed for showing cause.
. .
No further return, affidavit or document shall be filed by any party except with the leave of the Court.
: / I' €Hih-Pi~ ~, ~ 28 ~ 2007 . #--~-=============================::::::.~========== _:_-_-___ =-:--:-- ---- 756 { 7.3) .
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR No ........... .
From · Registrar (Judicial), High Cou11 ofChhattisgarh at Bilaspur.
lo Bilaspur the .............. .' ... 20 .......•...
Suh.icct:- Notice to Non-applicant/Respondent No ............... in Writ Petition ( ) No ........ of20 ......... ." ..
. .
Sir.
I am directed to inform you th~t one ................ has filed a petition under A11i(::le 226/227 of the (\rns1 itut ion .
of India (copy encl?sed) in this Court. and the same has been registered as Writ Petition ( ) No ....... of 10 ...... · Take notice that the said petition has been fixed for hearing on the ........ day of ......... 20 .... and that lh1e c,1'.,t:
wil I b1: laid before the Cou11 on that day or as soon thereafter_ as may be practicable. If 110 ,ippearance is made 011 ~ our behalf either in person or through counsel or someone legally authorized to ac.t for you. it will be heard and ,kcidcd c, partc.
lf you desire- to file a return in answer to the petition, your attention is drawn to Rules 52 and 53 of the 11 igh Court Rules regulating proceedings for directions, orders and writs in the n"ature of Mandamus. Prohibit inn.<. \.'rtior;iri · and Quo Warranto etc., printed over leaf.
I am to request you for an imme~iate acknowledgement of this ktter. · YL)lll"S faithltilly.
Registrar (Judicial) (S1:al of the Court) Fnclosure: Copy of the application.
(Overleaf) Ruic 52.- An ·answer to the rule ni.~i or the"'notice to show cause ~hall be made supported by an affidavit. and b~ serving a copy thereof along with the copy ofannexure(s). if any. upon the·petitiorier or his Advocat~, as the case may be, •not later than the date fixed for sho:wing cause.
r- Ruic 53.- No fu11her return. affidavit or document shall be filed by any party except with the lcavl.'! oflht: Court.
, • 756 (24) IN THE HIGH COURT OF CHHATTISGARH AT BILASPlJR . . .
Wr,it Petiti'on ( ) No ........ :of20 ..... .
. . . . . . ............... - Versus - The State of Chhattisgarh (and others) lhe ~late of Chhattisgarh, Through the ChiefSecretary to Government, DKS Bhavan. Mantralaya, Raipur, Chhatt·isgarh.
' Whereas a pet it ion has been made to this Court under Article 226/227 oft he Constit~1tion of lndi::i 011 behal r or the petitioner. the Division/Single Bench of the High Court presided by .... : ....... in presence of .......... Counsel for the pditi(incr. and Advocate General/(Jovernrnent Advocate. ·Co~rnsel fo~ the opposite paiiy. ordered that ..
~ . . j •• . ' ----------------------------~----------~---------------------------------------- -----------------------------------------·. - ' ,'e • • • • • • • •• • .... • • • • • • • • • • •., • • "'••,••. • •••., • • • • • ••• ••.,'"' •• • • oo -• • -•• ••••• • ....... • .,.,. •• •• ••••.• • .., • •••,.., • .•- • • ••-. • •• • • ••,•,. •• .. • • • • ••, • •••••••••~••.••••••••••••••••••••••••••• ••••••-~-------•--•-~•----~•-••••••••••••-•••-~••-•-•••-••-••••. •••••-••w••••••• .• ... ----.. -- --.. --.. ,. ... -- .. --.. -....... ------ ----- ..... --.- ..... -- ... ·--- --....... --- _, ... -- -- --------.. - ... -- --.. ---- ... --- ----........ -- .. -· -- .... -- --·- --- . --....
. :,.
The costs of the petition will be borne by .. , ..... , ............. .' ...... .
Given under my hand and the seal of the High Cqurt ofChhattisgarh Bilaspur, this ... : ............ :··· day nf,1 .. -....... 20 .... .
By Order of the II igh Court:
Registrar (JLl<lieial ).
(Seal ol"ihe Court) .
L ., To.
IN THE HIGH CO~RT OF CH_HATTISGARH AT BILASPUR ( Warrant for release of a person irr custody) Writ Petition (Habeas Corpus) No ............. : ............ of10 ...... _. ........ .
................................... son of ........... .
- Versus• The State ...................................... .
Decided on the ........... · ....... , ..... day of ............ 20 ...... .
· The: ........................................ .
Whereas an applic,:ation has been made to this Court under Article 226 of the Constitution oflndia Pll bL'11,1'! ni" : : .................. who is sai.d to have been restrained. arrested oi· detained under an order issued bv .................... .
. - under Section .... : ............. of the .............................. Act ....................... on the ................. 1<)... ..... .. .1\ :Hi whereas on hearing the Writ. Petition (Habeas Corpus) No .................. 20. : . ...... th is <; ourt has ord1:n:d th i-, d:i: l li°,11 · said ............................ :be set at liberty. ~ This is to authorize: and require you forthwith to discharge the said .......................... from your cu-,tnd:
unless he is liable to be detained for some other matter.
'< The warrant after execution ·may be returned to this Court under your signature.· Given under my hand and the seal of this Court, this ............................ day of ................... 20 ..... .
By Order of the 11 i~h Cmirt · Reg.istrnr (.ludici<1I) (Seal of Court) , 756 (26) To.
IN THE HIGH COURT OF CHHATTISGARH AT BILASPlJR (Warrant to produce a person in custody) The Superintendent of Jail .
at .............. : ......... .
(Name of fail or Lunatic Asylum or Juvenile Home or any other place. where the person is detained in custodll · 01~ to ( name of person).
You are hereby r.equired to have·the body of ......................... :. now a prisoner in your custody (or no,,· in youi custc~dy) produce under safe and sure conduct before the High Court ofChhattisgarh at Bilaspur on the ................ ,.
day of ........... : ......... at ............ :,. o'clock of the same day to be dealt with according to law and you ~hail then and there abide by such order as shal I in that belialf be made by the Court (if the prisoner is detained in public custod;v) and unles» the s~id .... :· ..................... shall then and there, by the Court. be ordered to be released, you shall. a tier the Court ?hall have dispensed <.vith his further attendance, cause him to be conveyed, under safe and sure conduct back to th·e said Jail · i>r Lunatic Asylu-;n o_r Juvenile Home or"other place of custody. · · Gi.ven under my hand and the seal ofthis Court, this ......................... day of .......... :,. 20 ...... .
By Order of the High Court Re1.'.i~trar (Judicial) / ( Seal of <;ourt) ,, 756 ( 27) :_-_____ ~-.-· --.------=---=========================================--=--=----·~--= IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Certificate of non-satisfaction of costs Writ Petition ( ) No ........................... oftb ................ .
..
Whereas.the pctitioner/re3pondent in the above case has applied to this Court for recover;, of costs amoi.mtin'.!
to Rs ........................... :. from respondent/ petitione_r and the latter has failed to deposit the amount of Rs ...................... .
payJble to the petitioner / respondent.
And whereas a Bench of this Court consisting of the Hon'ble Shri Justice ............................... and the I l<m 'ble Shri Justice ................................. has ordered issue of a certificate.
It is hereby certified that the petitioner/respondent is entitled to recover the amount of Rs ......................... ..
!i:0111 respon~ent/petitioncr.
Given under my hand and the seal of the High Court ofChhattisgarh at Bilaspur this .............................. da) of ....... , ............ 20 .......... · By Order oflhe High Court Registrar (Judicial) (Seal of Court) Forwarded to the District Court at .... : .................. : ... for necessary action.
Registrar (Judicial) ,,.
< 7~6 .(28)
87.
88.
· 89.
90.
CHAPTER-VI CIVIL APPEALS, REVIEWS AND REVISIONS Every memorandum of appeal_ and every application for review or revision shall immediately be.low the tit k have endorsed on it ''First Appeal", "Second Appeal", "Miscellaneous Appeal"; ''Review·· or .:Revision--: as the case may be, stating the provision .of law under whicli made, and shall state :--- (I) the name and address of e,ach appellant/ applicant; ·
(2) the name and address _of each respondent/ non-applicant;
Note- Address in (I) and (2) jncludes name of police station and post office.
. .
(3) the description of the parties to the appeal or application as to whether such pa1ties were plaintiff(s).
defendant(s). applicant(s) or non-·applicant(s)_ in the Coult of first instance; . ·
(4) · the value of.the appeal, including valuation in Courts belqw and in the case of hn applica1)01i-foi revision, the value in .suil: ·
(5)
(6)
(7)
(8)
Provided that if there is a variation in valuation the appellant shall explain it in a short 11ot1;
flppencled with the mell)Orandum of appeal. .
the amount bf Court -- fees affixed to the memorandum of appeal/ application:
_the Coutt(s) by which and the .name of the Judicia) Officer by ,vhom the decree or order under --..
challenge was made; · • . I . • the date of the judgement/decree/order and the number of the case in which such decree or tlrdcr w_as made; • · the briei' statement of facts;
the ground oi- grounds, numbered serf atin1, of objection to the decree, order or j udgmeilt. except that in second appeals substantial question(s) of law shall be stated;
the relief prayed for.
If the Presentation relates to a cause, appeal or other proceeding ~!ready 'before the Court. the classanJ number ot~~uch cause. appeal or proceeding shall be set ou! immediately below the title; otherwise the class or proceeding to ·which the_'presentation belongs·shall be indicated.
The provisions for tiling appeals/applications ;hall apply: as far as,may be. to a memorandum of objl'ction under Order XLI Rules 22 & 26.ofthe Code of Civil Procedure.
( I ) Every application for review made upon the ground of the discovery of new and important matter or evidence within the meaning of Order XLVII Rule I of the Code of Civil ProccdL1re shall be accom- • panied by an affidavit of the applicanttogether with documents, if any, rel-ied _upon. and stating in clear terms what such new and important matter or evidence is, the effect or purport thereof and that the.same. after the exercise of due diligence wa_s not within the knowledge of the applicant t)r could not be produced by him at the time when the decree/ order was passed.
(2)' The Registry shall list the review petition ~ithin ten days oftiling in the Chamber of the Judge( s l for· consideration and ifthe_Judge(s) reaches to the conclusion after consideration of the material placed that there is no sufficient ground for a review, then the same shall be rejected:
I
Provided that. if the Judge(s) is of the opinion that there is sufficient ground for review. the matter shall be listed for hearing.
\_ ,.,
91.
..
92.
93.
,.
) ) 94.
!
\ I , ..
..
(Ir 756 (29) If a memorandum of appeal is within time, suffi_ciently and properly stamped and complies with the prov1sions of these Rules and the law relating to the maintainability and filing of_such an appeal:
(i) In the case of a "First Appeal from a judgment and decree. the Registrar (Judicial) shall admit the appeal and direct issuance of notices to the respondents._
(ii) All other appeals shall be posted before the appropriate Bench for consideration of admi ssion and passing of appropriate orders.
(2) Any party seeki_ng stay of the execution/effect/operation of the decree/judgment/order or fix praying any other interim relief shall do so by making an appropriate application which shall be placed before the Court and the Court may pass orders on such application. .
Every memorandum of appeal or application for which the Court Fee cannot be ascertained until the receipt of the record shall. as soon as possible after the receipt of the record, be examined by the Stamp Repo11er and who shall then endorse on as to the sufficiency of the stamp and shall send it to the Registrar (Judicial) for orders.
( n In an appeal arising out ofan original or an appellate decree, the Registrar (Judicial) shall requii;ition.
the record of.the Court(s) below. · • (2) If the appellant/ap~licant fails to take requisite steps in the.11ppeal/application or any other proceed ings and it appears.that he is not prosecuting the appeal/application with ~ue diligence. the Registrar (I) ,, (Judicial) sliall call ·upon him to make good/explain his default and if no explanation is offered!
default is not made good. or.the explanation offerJ'"d appears to be insufficient, the matter shall be placca bef9re the Court for dismissal in defa.ult of compliance or such appropriate directions as it .
may deem fit. · • ·
CHAPTER-VII PROCEDURE IN CRIMINAL CASES (A) General Every memoranduni of appeal and every application or rev·ision shall immediately below the title have endorsed on it '•Criminal Appeal", "M. Cr. C.'-', "Crim!nal Revision'·. or ··Criminal Miscella neous Petition··. as the case may he, stating the provisions of law under which made. and shall state ( i) the name and.address of each appellant/ applicant;
. (ii) the name and address of each respondent/ non-applicant;
(iii) everymemo of appeal under Section 374 cf the Code of Criminal Procedure and e'vel) petition praying for the exercise of the High Court's power under Section 397 '40 I of the Code of Criminal Procedure shall state the details of the sentence and/or fo1e imposed and the enactment under which any conviction is held in the proc~edings in connection with which the appeal/revision is made;
(iv) the case number, date of judgment/order appealed/ applied against, and all other pai1iculars of the case including the name of the Presiding Officer of fhe Courf below:
(v) facts of the case in brief;
(vi) grourid(s) n_umbered serially;
(vii) the relief prayed for;
756 (30) m-ih-1•1~ m, ~ 2s ~ 2007 . . .. .
(2) Every such appeat. _application or revision sliall be accompanied by the ce11ilied cop) ,,I the impugned judgll]ent i ord~r:
Provided that the provisions of this Rule. shall not l:lpply to a 1i1e1110 of ap1ieal ! rt:vision or ,111 application ma4e by an accused.in dui·ess.
95. Every application for Revision under Section 397 /40 I of the Code qfCriminal Procedure shall state the detai Is of application. if any, filed before the Court of Sessions.or the High Court by any party to the original nlSe.
96. In ail Criminal Appeals and Criminal Revisions adsing out of conviction and sentenc.e imposed by a Judicial Magistrate or a Sessions Court. the Registrar (Judicial) shall send for the record of the Court(s) below. In other cases the record of the Court below shall not be requisitioned unless otherwise directed by the Court.
97. In an appeal or revision against conviction no application or motion for suspension of sentence shall be heard unless the accused has surrendered except in case where the accused has been rel.eased on bai_l by the court below.
' 98. No application for susp_ension of sentence or any application for interim reliefshall be made without service 01· notice to the Public Prosecutor/ Advocate General.
(B) Reference in Capital Cases · 99. · When a proceeding is submitted to the High Court under Section 3~6 of the Code ofCritnii1al Procedure. the · Registrar (Judicial) shall cause the record to be examined and have it entered in the prescribed register.
. ,". . .
I 00. If the record is in order, the Registrar (Judicial) shall fix a date of hearing of the reference which shal I not be before the expiry of the period of limitation for filing appeal and shall a_t once cau"se a paper-book to be prepared.
IOI.
102.
The paper-book shallc,ontain the following papers:
(I) Police Chai Ian;
(2) First Information Report, if any;
(3) Magistrate's charge with Ii.st of witnesses, if any: .
· (4) · Statement under Section 164 of the Code of Criminal Proccdure.'ifany:
(5) Examination under Section 281 and 313 of the C~de of Criminal Procedure. if any:
\ (f,)' Ground for commitment, if any:
(7) Record of evidence in the Court of Sessions with any ftirther examination under Section 281 <.if the Code of Criminal Procedure arid altered chargc,-ifany:
(8) Judgment of Sessions Court;
(9) ,Material documentary evidence. if any;
( I 0) Petition of appeal, if any;
( 11) Order-sheet and the list of exhibits.
Six copies of paper-book shall be prepared and immediately on receipt of the paper-boqk the Registrar (Judicial) shall cause one copy each to be sent to the Public Prosecutor/' Advocate General and the defence counsel, the remaining four copies shall be retained for the use of the Court.
f + I I [· l €h\lWli{~. ~ 28 ~ 2007 756 (31)
103. 0ny order ~assed _by the Court under Sections 3~8. 415 or 416 of the Code of Criminal Procedure sh al I be !orwarded lorthw1th to the Subordinate Court and the Superintendent of Jail. . . · .
(C) Jail Appeal'
104. On receipt of_a J~il Appeal the Registry shall examine it and if found in order place it before the appropriate Bench. If detective. the Registry shall coordinate with'the Chief Judicial Magistrate and/or the Jail authorities to enable the appellant to take appropriate steps.
(D) Appeal against Acquittal I 05. The Pro~cution may present appeal against any original or appellate order of acquittal upon the Court granting leave. if required.
\ I 06. In case of an order of acquittal passed in any case instituted on complaint, the complainant ma·y present an . appeal to the Court if the Court grants special leave to appeal on an application made in the· r11anner hereinalier
107.
provided. · A\I acquittal Appeals when the sentence prescribed is ofrriore than ten years shall be listed before the Divis.ion Bench for admission along wi_th record.
I 08. In the case of an appeal under Section 378, sub-section (I) or sub-section (2) of the Code of Criminal Procedure. the Registrar (Judicial) shall ascertain whethe_r. the accused desires assistance. and if so. he shall assist him in the appointment of an Advocate on his behalf.
109.
On receipt of the records from the Lower Co.urt. the Registrar (Judicial) shall cause six copies or paper-books at the cost of the Court to be prepared in Division Bench cases only. Such paper-bo.oks shall be prepared in accordance ~vith the procedure prescribed. · ' .
110. Notwithstanding anything contained in these Rules, in all cases in the-High Court, paper-bo.ok shall be typed.
or cyclostyled, or printed e~cept where otherwise ordered by the Court/Registrar (Judicial).
(E) Other Appeals provided in the Code of Criminal Procedure
111. The provisions contained in this Chapter shall apply as far as po'ssihle in cases of appeal under Sections 86.
341. 351. 449 and 454 of the Code of Criminal Procedure.
( F) Criminal Revision . I