High Court of Chhattisgarh Rules, 2005

 

In exercise of the powers conferred under Articles 225 & 227 of the Constitution of India, Section 25 of the Madhya Pradesh Reorganization Act, 2000 (Act No. XXVIII of 2000), and all other powers enabling it in this behalf, the High Court of Chhattisgarh hereby makes the following rules in relation to the practice and procedure in the High Court of Chhattisgarh : -

Part-I

General

CHAPTER I

Rule - 1.

 

(1)     These rules may be called as "the High Court of Chhattisgarh Rules, 2005".

(2)     These rules shall come into force on such date as the Chief Justice may, by notification in the Official Gazette, appoint:

Provided, however, different dates may be appointed for different rules.

 

Rule - 2.

 

(1)     In these rules, unless the context otherwise requires –

 

(a)      'Advocate' means a person whose name is entered on the roll of Advocates prepared and maintained by a State Bar Council under the Advocates Act, 1961 (25 of 1961); and includes Senior Advocate.

 

(b)      'Appointed day' means the date on which these rules shall come into force ;

 

(c)      'Chief Justice' means the Chief Justice of the High Court of Chhattisgarh and includes a Judge appointed under Article 223 of the Constitution of India to perform the duties of the Chief Justice.

 

(d)      'Code' means the Code of Civil Procedure, 1908 (V of 1908) as amended from time to time.

 

(e)      'Constitution' means the Constitution of India.

 

(f)       'Court' and 'this Court' means the High Court of Chhattisgarh.

 

(g)      'Court appealed from' includes a Tribunal or any other judicial body from which an appeal is preferred to this Court.

 

(h)     'Judge' means a Judge of the High Court of Chhattisgarh.

 

(i)       'Judgment' includes decree, order, sentence, or determination by any Court, Tribunal, or any other Authority having jurisdiction to decide the matter.

 

(j)       'Judicial Officer' means an Officer belonging to the Judicial Service of the State.

 

(k)      'Prescribed' means prescribed by or under these Rules.

 

(l)       'Registrar' means the Registrar General of the High Court and includes the Additional Registrar, the Deputy Registrar, or any other Officer with respect to such functions and duties of the Registrar as assigned by the Chief Justice.

 

(m)    'Registry' means the Registry of the High Court of Chhattisgarh.

 

(n)     'Respondent' includes an intervener.

 

(o)      'The Rules' and 'Rules of Court' means these Rules and include the Forms prescribed by or appended to these Rules.

 

(p)      'Senior Advocate' means an Advocate so designated under sub-section (2) of Section 16 of the Advocates Act, 1961 (25 of 1961).

 

(q)      'Standing Committee' means the Committee constituted under these rules.

 

(r)      'State' means the State of Chhattisgarh.

(2)     'Perms, words or expressions not defined herein shall have the meaning assigned to them in Acts or Rules from which they draw their origin.

 

Rule - 3.

 

The General Clauses Act, 1897 (10 of 1897), and the Chhattisgarh General Clauses Act, 1957 shall apply for the interpretation of these Rules.

 

Rule - 4.

 

Where by these rules or by any order of the Court any step is required to be taken in connection with any case, appeal or other matter before the Court, that step shall, unless the context otherwise requires, be taken in the Registry.

 

Rule - 5.

 

Unless otherwise expressly provided in these rules, the provisions contained in the Madhya Pradesh High Court Rules and Orders shall apply.

CHAPTER II OFFICERS OF THE REGISTRY AND THEIR FUNCTIONS

Rule - 6.

 

The following Officers shall constitute the Registry of the Court. -

(1)     Registrar General.

 

(2)     Registrar (Vigilance).

 

(3)     Registrar (Inspection and Enquiry).

 

(4)     Registrar (Judicial)

 

(5)     Registrar (OSD) Rules.

 

(6)     Registrar (Administration).

 

(7)     Principal Private Secretary to Hon'ble the Chief Justice.

 

(8)     Registrar (Classification).

 

(9)     Registrar (Establishment).

 

(10)   Registrar (Districts Establishment).

 

(11)   Additional Registrars.

 

(12)   Deputy Registrars.

 

(13)   Assistant Registrars.

 

(14)   Private Secretaries.

Rule - 7.

 

The Chief Justice may decide, from time to time, the composition of the Registry, the duties to be performed and the functions to be discharged by any Officer of the Court and the designation of the officials, and may amend any provision of this Chapter.

 

Rule - 8.

 

Appointment of Judicial Officers in the Registry of the Court shall be at the pleasure of the Chief Justice.

 

Rule - 9. Registrar General.

 

The Registrar General shall be the Head of the Registry.

 

Officers and their Functions

 

Rule - 10. Registrar (Judicial).

 

The following powers shall ordinarily be exercised by the Registrar (Judicial)/Additional Registrar (Judicial): -

(1)     (i) To dispose of all matters relating to Court fees or service of notice or other process and to pass orders dispensing with notice under Order 41 Rule 14 (3) of the Code of Civil Procedure or under any other enactment for the time being in force.

(ii) To dispose of applications under Order XXII Rules 2, 3 and 4 of the Code of Civil Procedure and to amend the record with the consent of the parties.

(iii) To dispose of applications for the correction of memorandum of appeals, or applications for revision as regards the description of parties as majors or minors.

(iv) To dispose of applications to appoint or discharge a next friend or guardian ad-item of a minor or person of unsound mind, to amend the record accordingly and to direct the deposit and furnish accounts of funds for the conduct of the proceedings.

(v) To dispose of applications for the withdrawal of appeal.

(vi) To call for a further deposit under Order XLV, Rule 10 of Code of Civil Procedure, when the deposit already made by the appellant in an appeal to the Supreme Court is not sufficient to defray the cost of preparing the record.

(vii) To order payment of the interest accruing to Government Promissory Notes deposited under Order XLV, Rule 7 of Code of Civil Procedure, and to order the refund of any unexpected balance under Order XLV Rule 12 of Code of Civil Procedure or for any other enactment for the time being in force.

(viii) To determine in which newspapers the publication referred to in Order XLV, Rule 9-A of Code of Civil Procedure shall be made.

(ix) To make reference to the Court for renewal of bank guarantees, FDRs, and other deposits/securities made under the orders of the Court, a month before the date of its/their expiration.

(x) To require any memorandum of appeal, petition, application or other document presented to the Court to be amended in accordance with the procedure of the Court.

(xi) To require any person and party to file an affidavit with respect to any application or matter in respect of which the Registrar has power to exercise any discretion or to make any order.

(xii) To stop at his discretion issue of certified copy to any person who has failed to pay the process fee, or charges, or has failed to take any other steps, which the Court has ordered while granting interim relief, or stay, or of any other nature, which substantially affects the rights of the opposite parties.

(xiii) To call for records and documents from Subordinate Courts and any other authority.

(xiv) To dispose of requisitions by Subordinate Courts for records and documents.

(xv) To dispose of applications for copies of pending records or parts thereof.

(xvi) To pass an order under Order XLI Rule 22 (3) of Code of Civil Procedure, for the service of a copy of a cross objection on the party.

(xvii) To grant leave to search the record of the Court under the rules in that behalf.

(xviii) To dispose of application for discovery and inspection.

(xix) To dispose of application for delivery of interrogatories.

(xx) To dispose of application for substituted service, or for dispensing with service of notice of the appeal on any of the respondents.

(xxi) To dispose of application for leave to take documents out of the custody of the Court.

(xxii) To decide questions arising in connection with the payment of Court fee.

(xxiii) To dispose of applications by third parties for return of documents.

(xxiv) To dispose of applications for grant of copies of records to third parties.

(xxv) To dispose of application for the issue-of a certificate regarding any excess Court fee paid under a mistake.

(xxvi) To dispose of application for condoning delay in paying deficit Court fee.

(xxvii) To dispose of applications for approval of the translator or interpreter.

(xxviii) To dispose of applications for production of documents outside Court premises.

(xxix) To dispose of application for change or discharge of advocate.

(xxx) To dispose of applications for exemption from filing of certified copies of judgments, decrees, certificates or orders granting certificates.

(xxxi) To reconstitute the record in case the record is not traceable :

Provided that the Registrar may refer any matter under this rule to the Court for orders :

Provided further that applications for exemption from filing of certified copies of judgments or orders accompanying any appeal/revision/review/application/ petition shall be posted before the Court.

(xxxii) To pass orders in all matters in writ, civil and criminal cases pertaining to default as process fee, publication charges; paper book costs, missing of address in respect of service of notice, submission of service report on affidavit in case of Dasti service; non-compliance of Registrar's orders in respect of Office matters.

(xxxiii) To pass orders in default of identical copies; security amount; non-compliance of Court's orders.

(xxxiv) To pass orders on non-appearance of accused persons on bail :

Provided that every such case in which the Registrar (Judicial) is of the opinion that the default should not be condoned shall be placed for orders before the appropriate Bench.

 

(xxxv) To dispose of the application for condonation of delay up to seven days in filing of process fee.

(2)     The Registrar (Judicial) may refuse to receive a petition or any other pleadings on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matters, but the petitioner may appeal by, way of motion, from such refusal to the Court.

 

(3)     Taxing Officer. - When the Taxing Officer finds that any document filed in this Court insufficiently stamped, he shall record his opinion with reasons therefor. The report shall be shown to the Counsel concerned who will note thereon whether he accepts, or disputes the accuracy thereof. If he raises a dispute, the Taxing Officer shall decide the dispute and the party aggrieved with the decision may request him to place the matter before the Court.

 

(4)     Whenever the Taxing Officer finds that a document which ought to bear a stamp under the Court Fees Act has by mistake or inadvertence been received in a lower Court without being properly stamped, he shall prepare a reasoned report to that effect and in case the correctness of the report is disputed, same shall be laid before the appropriate Bench for orders.

 

(5)     (i) Whenever the Court fees payable on any document in respect of which the question of limitation arises are found deficit, the Taxing Officer shall pass an order either certifying the under stamping bonafide or may place the matter before the Bench. If the deficit fees are paid before the limitation expires, the document will be treated as properly stamped. If the deficient Court fees are not paid before the expiry of limitation the case will be placed before the Court. The hearing will not be less than 20 days after the date of Taxing Officer's order. If within that time the party files an application under Section 149 of the Code of Civil Procedure, the Court shall, in case when the Taxing Officer certifies the under stamping to be bona fide, ordinarily extend the time.

(ii) Whenever a case is put to the Court in accordance with the above clause, a statement in the following form shall be endorsed on the order sheet.

(1)     Court fees paid Rs.______________

 

(2)     Court fees payable Rs._____________

 

(3)     Difference of Court fees of Rs.

 

(4)     Time expired__________________

 

(5)     The Taxing Officer-------------------

(i)       certifies the deficiency as bona fide__________

(ii)      certifies the deficiency as not bona fide

(iii)     was able to arrive at a definite conclusion.

(6)     Application under Section 149 of Code of Civil Procedure filed within________________days from Taxing Officer's certificate.

(6)     The Registrar (Judicial), Additional Registrar or Deputy Registrar may permit clerical errors in any memorandum of appeal or memorandum of objections under Order XLI Rule 22 of 26 of Code of Civil Procedure or in any petition or affidavit produced in any civil proceedings or in any other proceedings in the Court to be corrected. Such correction shall be made in the case of affidavits by the declarant by filing a fresh affidavit and in other cases by the person producing the document or his Advocate.

(7)     Every correction in any memorandum of appeal, memorandum of objections, petition, shall be initialed by the party making the correction and by a Judge, or the Registrar (Judicial) or Deputy Registrar (Judicial).

 

Rule - 11. Registrar (OSD) Rules.

 

shall be over all in-charge of framing, recasting, amendment of rules of High Court and subordinate Courts and shall also perform such other duties or discharge such other function as the Chief Justice may assign to him.

 

Rule - 12. Registrar (Vigilance).

 

shall investigate into all complaints and allegations against Judicial Officers and the staff of the Subordinate Judiciary and shall deal with the intimation regarding acquisition of movable properties and immovable properties by Judicial Officers.

 

Rule - 13. Registrar (Inspection and Enquiry).

 

shall inspect all Subordinate Courts including inspection by District Judges of Subordinate Courts. Disciplinary proceedings and Enquiry against all Judicial Officers. Legislations in the Subordinate Judiciary and the High Court. All appeals, representations and petitions in disciplinary matters.

 

Rule - 14. Registrar (Classification).

 

shall be over all in-charge of classification, categorization of all judicial matters filed and pending in the Court.

 

Rule - 15. Registrar (Administration).

 

shall have powers

(a)      To sanction payment of Temporary Advance (including Tour Advances) and bills in respect of purchase of movables including articles for use of Court/Registry up to Rs. 2000/-.

 

(b)      To sanction tour advances to himself and/or the staff working under him up to Rs. 2000/-.

 

(c)      To pass medical reimbursement bills and T.A. bills of the Registry up to Rs. 2000/-.

 

(d)      To sanction repairs and purchase of accessories to staff cars up to Rs. 2000/-.

 

(e)      To look after matters relating to Work Section and Protocol.

 

(f)       To supervise major/minor works relating to residential quarters, new Court building, repair/maintenance of High Court building, garden etc..

 

(g)      To purchase furniture including almirah, coolers, electrical appliances, purchase of liveries, typewriters, additional/extra telephones, motor vehicles, air conditioners.

 

(h)     To allot residential quarters to establishment-Class-II, III & IV staff.

 

(i)       To look after the library, binding section, purchase of law gooks, periodical journals and correspondence of various Sections including purchase to binding materials up to Rs. 2,000/-.

 

(j)       To verify annually dead stock, and

 

(k)      Any other work that may be assigned to him by the Hon'ble Chief Justice, other Hon'ble Judges and/or Registrar General.

Rule - 16. Registrar (Establishment).

 

shall have powers

(a)      To record the Confidential Reports of Class-II, III & IV staff attached to the Chief Justice and other Judges and shall be submitted to the Registrar General.

 

(b)      To make proposals of Budget and Accounts Section.

 

(c)      To appoint, transfer, punish and grant retiral benefits to all contingent employees.

 

(d)      To work out GPF and DPF of Registry Officers, Judicial Officers, Class 1 & II staff of the High Court and subordinate Courts.

 

(e)      To generally look after the matters relating to Establishment Section of the High Court including such work as may be entrusted to him by the Hon'ble Chief Justice, other Hon'ble Judges and/or the Registrar General in establishment/judicial side.

Rule - 17. Additional Registrar/Deputy Registrar.

 

shall perform such duties and discharge such functions as the Registrar General with the approval of the Chief Justice, may assign to them.

CHAPTER III

A : Court Hours :

Rule - 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 10.30 A.M. to 4.30 P.M. with a recess between 1.30 P.M. to 2.30 P.M.

 

B : Offices Of The Court ; Sittings And Vacation Etc.

 

Rule - 19.

 

Except closed Saturdays and holidays, the Offices of the Court shall, subject to any order of the Chief Justice, remain open daily from 10.00 AM to 5.00 PM.

 

Rule - 20.

 

Except on the days 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.

 

Rule - 21.

 

The Chief Justice may, during any vacation, appoint one or more Judges as Vacation Judges to hear matters of urgent nature. The Vacation Judges 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 Judge

Rule - 22.

 

The following matters shall ordinarily be heard and disposed of by a Judge sitting alone:-

(i)       An appeal from an appellate decree of a District Court.

(ii)      An appeal of a civil nature under any Act of the Central or State Legislature or First Appeals under the Code of Civil Procedure, the value of which does not exceed the sum of Rs. 3,00,000/- (Rs. Three Lacs Only) and any application or reference made under such Acts, unless otherwise expressly provided for under such Acts.

Explanation. - The value of a cross objection filed in any such appeal shall not be included in the value of the appeal. However, if the value of the cross objection exceeds Rs. 3,00,000/- (Rs. Three Lacs Only) the appeal as well as the cross objection shall both be heard by a Division Bench.

(iii)     An appeal from an appealable order under the Code of Civil Procedure or under any other enactment unless otherwise provided in the said enactment.

(iv)    An appeal under Section 173 of the M.V. Act 1988, the value of which does not exceed Rs. 3,00,000/- (Rs. Three lacs only).

Explanation. - The value of a cross objection filed in any such appeal shall not be included in the value of the appeal. However, if the value of the cross objection exceeds Rs. 3,00,000/- (Rs. Three Lacs Only) the appeal as well as the cross objection shall both be heard by a Division Bench.

(v)      An appeal under Section 47 of the Guardian and Wards Act, 1890.

 

(vi)    An appeal relating to costs only.

 

(vii)   An application under Section 22, 23 or 24 of the Code of Civil Procedure.

 

(viii)  Any application under the provisions of Code of Civil Procedure or any other enactment for the time being in force 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.

 

(ix)    An application for revision under the Code of Civil Procedure or under any Central or State Act, unless otherwise expressly provided in the said Central or State Act.

 

(x)      A suit coming before the Court in the exercise of its extraordinary original civil jurisdiction.

 

(xi)    A proceeding of a civil nature under an Act of the Central or State Legislature, coming before the Court in the exercise of its original jurisdiction.

 

(xii)   Election petition under Representation of Peoples Act, 1951.

 

(xiii)  Company matters, Probate and Letters of Administration matters of original jurisdiction (on nomination by the Chief Justice).

 

(xiv)  Appeal and Reference under the Trade Marks Act, 1999.

(xv)   All writ petitions under Article 226/227 of the Constitution of India except those falling within the jurisdiction of Division Bench.

(xvi)  All Taxation matters unless otherwise provided in the Central or State Act, from which the proceedings are arising.

Division Bench

 

Rule - 23.

 

The following matters shall be heard and disposed of by a Division Bench. - Writ Petitions:

(i)       Relating to Public Interest Litigation.

(ii)      Where Vires or validity of an Act of Legislature or any Subordinate Legislation is under challenge.

(iii)     Against the orders of Tribunal constituted under Articles 323-A and 323-B of the Constitution of India.

(iv)    Relating to Contract/Tender concerning Government/Public Undertaking/ Local Bodies.

(v)      Relating to admission in medical/technical colleges.

(vi)    Relating to Excise Contract.

(vii)   Tax references under statutes which requires references to be heard by Division Bench and application for references in such cases.

(viii)  Reference under Section 113/Order XLVI of the Code of Civil Procedure, 1908.

(ix)    Appeal under Section 22(A)/reference under Section 21 (5) of the Chartered Accountants Act, 1949.

(x)      Appeal under Section 19 of the Family Courts Act, 1984.

(xi)    Revision under Section 19 of the Chhattisgarh Madhyastham Adhiniyam, 1983.

(xii)   All matters which, by any law or any judgment having force of law are required to be heard by Division Bench.

(xiii)  Appeals valued above Rs. 3 lacs.

 

B : Criminal Matters

 

Rule - 24.

 

The following matters shall be heard and disposed of by a Single Judge:-

(i)       Application for grant of bail under Section 438 and 439 of the Code of Criminal Procedure and applications under Section'482 of the Code of Criminal Procedure.

 

(ii)      Applications for transfer of Criminal Cases.

(iii)     Applications for cancellation of bail.

(iv)    Criminal Revisions except those which are to be heard by the Division Bench.

(v)      Criminal Appeals against substantive sentence of not more than 10 years.

(vi)    A case coming before the Court in the exercise of its ordinary or extraordinary original criminal jurisdiction except the cases under Section 15 of the Contempt of Courts Act, 1971.

(vii)   Appeal, application, or reference under the Code of Criminal Procedure, other than the cases falling within the jurisdiction of Division Bench.

 

Division Bench

 

Rule - 25.

 

The following matters shall be heard and disposed of by a Division Bench:-

 

(i)       An appeal or reference in a case in which a sentence of death or imprisonment of life or a sentence of more than 10 years has been passed.

 

(ii)      An application for leave filed under sub-section (3) of Section 378 of the Code of Criminal Procedure in respect of offences punishable with sentence of death or imprisonment for life or in cases where the maximum sentence provided is of more than 10 years and are triable by Court of sessions.

 

(iii)     An appeal by the State Government under Section 378 of the Code of Criminal Procedure from an order of acquittal in Sessions Trial in respect of offences punishable with sentence of death or imprisonment for life or where the maximum sentence is more than 10 years.

 

(iv)    A revision filed by a private party under Section 397 of the Code of Criminal Procedure or suo moto revision entertained under Section 401 of the Code of Criminal Procedure against acquittal in respect of offences punishable with sentence of death or imprisonment for life or imprisonment for more than 10 years and triable by Court of Sessions.

 

(v)      A proceeding in which notice has been issued to an accused who has been sentenced to imprisonment for a term of five years or more to show cause why the sentence should not be enhanced.

 

(vi)    A proceeding in which notice is issued to a convicted person requiring him to show cause why his conviction should not be altered to one of an offence punishable only with death or imprisonment for life.

 

(vii)   An appeal under Section 377 of Cr. P.C. against an accused who has been sentenced to undergo imprisonment for a period of 5 years or more.

 

(viii)  Appeals from conviction of offences against the State punishable with imprisonment for life.

 

(ix)    A petition for a writ in the nature of Habeas Corpus.

 

(x)      Cases under Contempt of Courts Act, 1971 where a case for criminal contempt is made out.

 

(xi)    A proceedings coming before the Court in the exercise of its ordinary and extraordinary original criminal jurisdiction.

 

Full Bench

 

Rule - 26.

 

The following matters shall be heard by a Full Bench:-

 

(A Full Bench shall be a Bench of any number not less than 3 Judges)

 

(i)       Reference under Section 57 & 60 of the Indian Stamp Act, 1899.

(ii)      Matters which are required by a Statute to be heard and decided by a Full Bench.

(iii)     Such other matters as may be referred to the Full Bench.

 

Rule - 27.

 

Notwithstanding anything to the contrary the Chief Justice may direct that any application, petition, suit, appeal, or reference shall be heard by a Full Bench.

 

C : Reference to a Larger Bench

 

Rule - 28.

 

A Full Bench shall ordinarily be constituted of three Judges but may be constituted of more than three Judges in pursuance of any order in writing by the Chief Justice.

 

Rule - 29.

 

The Chief Justice shall nominate the Judges constituting a Full Bench.

 

Rule - 30.

 

(1)     A Judge sitting alone may refer any proceeding pending before him to the Chief Justice with a recommendation that it be placed before a Bench of two Judges when it involves a question of law of public importance.

(2)     A Judge sitting alone shall refer any proceeding other than an original proceeding including a suit pending before him to the Chief Justice with a recommendation that it be placed before a Bench of two Judges : -

(a)      when it involves a substantial question of law as to the interpretation of the Constitution or any statutory enactment

OR

(b)      if he considers that the decision in the proceeding involves reconsideration of a decision of a Judge sitting along.

(3)     In proceeding of the nature referred to in sub-rule (1) of this rule the referring Judge may refer a stated question or questions or may ask that the proceedings be heard and decided by the Bench to which it is referred.

 

(4)     In cases of the nature referred to in clause (a) of sub-rule (2) of this rule; the proceeding shall be heard and decided by the Bench to which it is referred.

 

(5)     In proceedings of the nature referred to in clause (b) of sub-rule (2) of this rule the referring judge shall refer a stated question or questions and shall dispose of the proceedings in accordance with the decision of the Bench on the question or questions referred to it.

 

Rule - 31.

 

If a Judge sitting alone considers that the decision of the proceedings pending before him involves reconsideration of a decision of two or more Judges he may refer it to the Chief Justice with a recommendation that it be placed before an appropriate Bench for a decision on a stated question or questions. The referring Judge shall dispose of the proceedings in accordance with the decision of the Bench on the question or questions referred to it.

 

Rule - 32.

 

When in any appeal or civil matter heard by a Bench two Judges, the Judges comprising the 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 other Judges to deal with the matter.

 

Rule - 33.

 

If a Bench of two Judges considers that the decision of the proceedings pending before them involves reconsideration of a decision of two or more Judges they may refer the matter to the Chief Justice with a recommendation that it be placed before a Full Bench. The referring Judges may refer a stated question or questions or may ask that the proceedings be heard and decided by the Bench in which it is referred. If the referring Judges refer a stated question or questions they shall dispose of the proceeding in accordance with the decision of the Full Bench of the question or questions referred to it.

 

D: General

 

Rule - 34.

 

When in an appeal in any civil matter heard by a Bench of two Judges, a difference of opinion arises between them on a point of law, if either of the Judges desire that the appeal be referred, it shall be referred to, heard and determined of such Judge or Judges as the Chief Justice may appoint. The appeal shall be heard afresh by the Judge or Judges to whom it is so referred either sitting apart from or with the referring Bench as the Chief Justice directs.

 

Rule - 35.

 

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 Single Bench.

 

Rule - 36.

 

Subject to the provisions of these Rules, the Chief Justice may direct what case or classes of cases shall be placed before each Judge or Bench.

 

Rule - 37. Part heard matter.

–

 

A part heard matter shall be listed before the same Judge or Judges and if the matter is not disposed of within three months from the first date of hearing, the same shall be deemed to have been released from part heard and be placed the Chief Justice for further orders.

 

Rule - 38.

 

An application for modification, clarification, review or restoration of an order shall be listed before the same Coram.

 

Provided that:

 

(i)       if the same Coram is not available on account of retirement or nonavailability for three months, if the matter relates to the Division Bench same shall be listed before a Division Bench of which one of the Member shall be, who had been a Member of the earlier Bench.

(ii)      In case of Single Bench, the matter shall be listed before a regular Division Bench.

 

Rule - 39.

 

All subsequent bail applications preferred by the same accused under Sections 438, 439 of Cr. P.C. shall be listed before the same Bench which decided the earlier bail application.

 

E : Business relating to Supreme Court

 

Rule - 40.

 

The business relating to the Supreme Court shall be laid before the Bench presided over by the Chief Justice unless otherwise directed.

CHAPTER V WRIT PETITIONS, HABEAS CORPUS AND PUBLIC INTEREST LITIGATION (PIL)

 

A : Writ Petitions :

 

Rule - 41.

 

An application for a direction, order or writ 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 petitioners 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 (1) of Rule 15 of Order VI of the Code. It shall also state whether an application on the same facts had been previously filed before this Court, and if so, with what result.

Rule - 42.

 

(1)     Every writ petition under Articles 226/227 of the Constitution of India 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 petition not found to be in prescribed format including omission to state grounds distinctly in para 6 shall be summarily dismissed.

 

Rule - 43.

 

The averments made in the application shall (generally) be supported by proof, or evidence(s), enclosed as Annexure(s) to the writ petition.

 

Rule - 44.

 

(1)     Where any interim relief/order is sought, such as stay, injunction, etc., such prayer shall be made specifically in the writ petition, in a separate numbered paragraph of the prayer portion.

(2)     A separate application M. (W.) P. may also be filed for the aforesaid purpose.

 

Rule - 45.

 

(1)     If any direction, order or writ is sought against Union of India, the State of Chhattisgarh, any other State, a public officer acting or purporting to act in discharge of his official duties, or against any other Authority, as is covered by Article 12 of the Constitution, notice of the application with all annexures, shall be served on the Advocate General or, in the case of any department, or officer of any department of the Union of India, having a retained counsel, upon him or if no such respondent has any such counsel, upon the party concerned directly, before filing.

(2)     If in such a case any petitioner seeks any interim relief or any stay of operation or execution of any order or any demand, the serving of such notice shall be a mandatory requirement and in the absence of such requirement being complied with, the Court shall not consider any such request or prayer for any interim relief or for stay :

 

Provided however, that in emergent cases where the Court is satisfied that the purpose of filing of the petition may be 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 may dispense with the requirement of such advance notice under this rule on such terms as it thinks fit.

 

Rule - 46.

 

An answer to the rule nisi or the notice to show cause, if issued by the Court on entertaining an application as above mentioned, shall be made by filing an affidavit and by serving a copy thereof along with the copy of annexure, if any, upon the applicant or his advocate, as the case may be, not later than the date fixed for showing cause :

 

Provided further that even if notice of the writ application is accepted in Court, a formal notice is required to be issued to the opposite parties through the Registry of the Court and a written/reply showing cause must be made by filing an affidavit and by serving a copy thereof with annexures, if any, upon the opposite counsel before the date of hearing.

 

Rule - 47.

 

(1)     In all cases where the pleadings are complete and 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 book of their respective pleadings :

Provided that if additional pleadings are filed during the course 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 or the paper book as the case may be.

(2)     File 'A' related to the writ petition listed for final disposal or the paper book should be arranged in the following manner:

 

Part-I

 

(a)      This part shall consist of the writ petition with annexures and if the writ petition has been amended in between, the amended writ petition should be placed on top and the annexures, if any, with amended petition shall be placed just below the original annexures in continuation.

(b)      The rejoinder together with annexures in continuation to the annexures of the writ petition shall be placed just below the writ petition or the amended writ petition, as the case may be.

(c)      The return together with annexures and the amended/additional return, if any, together with annexures shall be arranged in the like manner.

 

Part-II

 

(i)       This part shall consist.of the applications for grant of interim relief and the applications for vacating stay, if any, and ;

(ii)      other Interlocutory Applications ;

(iii)     All other papers shall be part of 'B' file.

 

Rules for Applications under Article 227 (1) of the Constitution of India

 

Rule - 48.

 

(1)     (a) An application under Article 227 (1) of the Constitution of India shall comply with the provisions of Chapter V of the Rules of the High Court and shall also state clearly -

(i)       the name, description and place of residence of each applicant and of the non-applicant;

 

(ii)      the name of the court and Judge by whom the decree or order objected to was passed; and if the decree or order was passed in appeal, the name of the original court and of the Judge presiding over it;

 

(iii)     the date or dates of the decrees or orders of the lower courts ;

 

(iv)    the grounds on which the relief is sought and also such material facts as may be necessary for the proper determination of the case ;

 

(v)      the nature of the relief and the direction or order sought from the Courts;

 

(vi)    where a previous application has been made on the same facts the applicant shall give all details thereof and shall also indicate the decision thereon.

(b) The application shall be accompanied by the order or decision (if any) and an affidavit verifying the facts relied on.

(2)     No advocate shall act for any person in these proceedings unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a power of attorney, to make such appointment.

 

(3)     Such applications shall be registered as Writ Petition (Article 227).

(4)     Such applications shall be heard by a Single Judge unless the Judge hearing the application refers the same to be heard by a Division Bench.

(5)     (a) No record of a case or proceeding in possession of any court or Tribunal over which superintendence is claimed shall be requisitioned unless ordered by the court either of its own motion or upon an application made by any of the parties to the application.

(b) Every application shall (unless the Court otherwise directs) be supported by an affidavit showing how the record is material to the case in which the application is made, and that the applicants cannot without reasonable delay or expenses 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 in the interest of justice.

 

(6)     (a) All questions of fact arising for determination under this part shall be decided ordinarily upon affidavit, but the Court may direct that such other evidence be taken as it may deem fit.

(b) Where the court orders that certain matters in controversy between the parties shall be decided on oral evidence, it may either itself record the evidence or may direct any Court or Tribunal or a Commissioner appointed for the purpose to record it in accordance with the procedure prescribed by law.

 

(7)     An application for issue of an interim order, unless accompanied by an application for urgent disposal shall be put up with the case on the date fixed for motion hearing of the case. If an application for an interim order is accompanied by an application for urgent disposal it shall be laid before the appropriate Bench as early as possible.

(8)     The Court may in such proceedings impose such terms as to costs as it thinks fit.

 

(9)     The court may in its discretion either before the non-applicant is called upon to appear and answer or afterwards on the application of the non-applicant, demand from the applicant security in cash for the costs of the application.

 

(10)   The rules regarding deposit or withdrawal of money provided in these Rules shall apply to the deposit or withdrawal of security ordered under sub-rule (9).

 

(11)   At the conclusion of each case, the court shall pass such orders for the refund or disposal of the security in deposit as it may consider necessary. When the court fails to make an order, the part)' claiming to be entitled to the refund or payment shall make a stamped application for the purpose and it shall be laid before the court for orders in motion.

 

B : Habeas Corpus

 

Rule - 49.

 

(1)     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 Corpus % hall file his application; as far as possible; in the format prescribed for filing writ petitions.

 

(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 application had been filed, the result thereof:

 

Provided that a person detained in jail may submit his petition through the Superintendent Jail.

(3)     When an application is made by a person other than the detenu or the person restrained, rule (a) and (b) above shall apply mutatis mutandis.

(4)     In any case in which the High Court orders any person in custody to be brought before it, or before a Court-martial, or before any Commissioner, or to be removed from one custody to another, a warrant shall be prepared and signed by the Deputy Registrar and sealed with the seal of the High Court.

(5)     The Rule relating to filing of affidavits shall also apply to an application for a writ in the nature of Habeas Corpus.

 

Rule - 50.

 

Applications 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 forthwith.

 

Rule - 51.

 

If the Bench is of opinion that a prima facie case for granting the application is made out, a rule nisi shall be issued calling upon the person or persons against whom the order is sought, to appear on a day to be named 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 bod) of the person alleged to be illegally or improperly detained then and there to be dealt with according to law.

 

Rule - 52.

 

If a return is filed in answer to the rule nisi, it shall be accompanied by an affidavit and such other documents as may be produced.

 

Rule - 53.

 

(1)     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 take evidence as provided in (Section 391) of the Code of Criminal Procedure.

 

Rule - 54.

 

When in any proceedings, the Judges composing the Bench differ and state the point on which they differ, the proceedings shall be placed before the Chief Justice who may nominate one or more of the other Judges to deal with the matter.

 

Rule - 55.

 

On the return day of such rule or on any day to which the hearing thereof may be adjourned, if no cause is shown or if cause is shown and disallowed the Court shall pass an order that the person or persons improperly detained shall be set at liberty. If the cause is allowed, the rule shall be discharged, and the person or persons detained, if present in Court, shall be delivered to the person entitled to their custody.

 

Rule - 56.

 

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 removed from one custody to another or to be set at liberty a warrant to that effect shall be prepared and signed by the Deput) Registrar and sealed with the seal of the High Court.

 

Rule - 57.

 

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 and a copy of the above warrant shall be sent to the detaining authority simultaneously. In every other case, the warrant shall be served as the High Court may direct.

 

Rule - 58.

 

In disposing of any such rule, the High Court may, in its discretion make such order for costs as it may consider just.

 

Rule - 59.

 

In all cases mentioned in this part of the rule 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 detention 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 one each for the Advocate General and the applicant.

 

Rule - 60.

 

The paper book shall consist of the application for the writ, the affidavit and such other documents as may be filed by the parties to the case or as the High Court may order to be included.

 

C : Public Interest Litigation

 

Rule - 61.

 

(1)     The expression 'Public Interest Litigation' connotes litigation undertaken for the purpose of redressing 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 fail within the ambit of Public Interest Litigation.

 

Rule - 62.

 

(1)     A proceedings in the nature of Public Interest Litigation shall be initiated by a social action group or a public spirited individual having an interest in the cause by filing a petition. However, in appropriate 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 the other provisions of these Rules.

(2)     Such a written communication if it relates to a matter falling within the guidelines referred to here in above shall be treated as a petition.

 

Rule - 63.

 

(1)     Every petition in format prescribed (schedule) shall state succinctly the relevant facts in order to enable the Court to determine whether a proceeding in the nature of Public 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 competence to be placed in charge of the carriage of the proceeding. The petition shall also contain a statement whether any petition has earlier been moved in this Court relating to the same cause and, if so, with what result.

 

(2)     The petitioner shall make a statement that he has no individual/personal interest in the subject matter except in cases where the petition falls in the category of one of the members/group/ society/community for whose benefit the P.I.L. has been filed. If he has any individual/personal interest, he shall disclose the same.

 

(3)     Where the petitioner relies upon a document or documents in his possession or power, he shall file such document or documents or true copies thereof with petition.

 

(4)     The petition shall be accompanied by an application seeking leave for waiver of the locus stand rule. –

 

(5)     The petition shall be supported by an affidavit.

 

Rule - 64.

 

(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 apply for directions in the pending matter.

(2)     After the Public Interest Litigation has been entertained and an amicus curiae has been "appointed" the Court shall be approached for all further actions through the amicus curiae only.

 

Rule - 65.

 

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.

 

Rule - 66.

 

(1)     Every written communication treated as a petition shall be placed for directions regarding registration before the Chief Justice or the Judge nominated by the Chief Justice for the purpose in Chambers. The Chief Justice/Judge in Chambers, may, if he considers it necessary direct the person or persons 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 said communication and it shall be filed.

(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.

(3)     The petition, or the written communication, shall thereafter.be posted before the Court for preliminary hearing and for orders as to issue of notice. In case, a P.I.L. to be treated on the basis of written communication, the Court feels it necessary to ascertain the veracity of the allegation made in the communication to call for the factual report from the concerned authority before proceeding further in the matter. Upon hearing, the Court, if satisfied that the person initiating the proceedings has sufficient interest in the cause and that a prima facie case is made out for initiating the proceeding, may grant leave for waiver of the locus standi rule and issue notice to the concerned Government and/or authority as well 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 information shall have, as its cause title, the cause which is the subject matter of the proceeding in the following form -

Writ Petition No...........of..........

Rule - 67.

 

After service of notice the matter shall be placed for hearing before Division Bench headed by the Chief Justice unless otherwise directed.

 

Rule - 68.

 

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.

 

Rule - 69.

 

If it is found that the proceeding has been initiated malafide with an oblique motive or is frivolous or vexatious the Court may, while dismissing flie petition, impose costs on the person or persons responsible for initiation of the proceedings.

 

Rule - 70.

 

Save as otherwise provided by the Rules contained in this chapter, the other provisions of the High Court Rules shall mutatis mutandis apply to this proceeding.

CHAPTER VI CIVIL APPEALS, REVIEW, REVISION

Rule - 71.

 

Every memorandum of appeal and every application for review or revision shall immediately below' the title have endorsed on it "First Appeal", "Second Appeal", "Miscellaneous Appeals", "Review" or "Revision" as the case may be, and shall state :
 

(a)      the name and address of each appellant or applicant;

(b)      the name and address of each person whom it is proposed to make a respondent;

Note. - Address in (a) and (b) includes name of police station and post office.

(c)      the Court by which and the name of the Judicial Officer by whom the decree or order under challenge was made;

 

(d)      the date and the number of the case in which such decree or order was made;

 

(e)      the description of the parties to the appeal or application as to whether such parties were plaintiff, defendants or applicants in the Court of first instance;

 

(f)       the ground or grounds numbered seriatim of objection to the decree, order or judgment except that in second appeals question(s) of law shall be formulated;

 

(g)      the relief in such appeal, review or revision;

 

(h)     the value of the appeal, including valuation in Courts below and in the case of an application for revision, the value in suit:

 

Provided that if there is variation in valuation the appellant shall explain it in a short note appended with the memorandum of appeal.

 

Rule - 72.

 

Every appeal/review/revision shall be headed "IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR". If it relates to a cause, appeal or other proceeding already before the Court the class and number of such cause, appeal or proceeding shall be set out immediately below the title; otherwise the class or proceeding to which the petition belongs shall be indicated.

 

Rule - 73.

 

(1)     The provisions for filling appeals/applications shall apply, as far as may be to every memorandum of appeal, memorandum of objection under Order XLI Rule 22 and 26 and every application for revision; and shall state :

(i)       The provision (s) of law under which it is made immediately below the cause title.

 

(ii)      The name, description and place of residence, specifying whether such place of residence is registered address within the meaning of Order VII Rule 19 and Order VIII Rule 11 of the Code of Civil Procedure of each appellant, respondent/proposed respondent, opposite party or the petitioner, in the case of memorandum of appeal, petition for revision, as the case may be and of the applicants in the case of memorandum of objection ;

 

(iii)     The name of the Court and Judicial Officer by whom the decree or order challenged was passed; and if the decree or order was passed in appeal the names of the original Court and of the Judicial Officer presiding over it;

 

(iv)    The date or dates of the decrees or orders of the lower Courts ;

 

(v)      A brief statement of the facts of the case (in application for review or revision);

(2)     Every such memorandum and application for revision shall be accompanied by a certified copy of the judgment/decree appealed from or orders sought to be revised.

 

Rule - 74.

 

When two or more cases are tried together and decided by a common judgment and two or more appeals are filed against such judgment whether by the same or different appellants, the Registrar General or the Officer authorized for the purpose may in his discretion, and if satisfied that the questions for decision are analogous in such appeals, dispense with the production of more than one certified copy of the judgment.

 

Rule - 75.

 

Every application for review of judgment shall set forth plainly and concisely the grounds on which a review is sought.

 

Rule - 76.

 

(1)     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 1 shall be accompanied by an affidavit of the applicant 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 was not within the knowledge of the applicant or could not be produced by him at the time when the decree was passed, the order was made or the judgment was delivered.

 

The document, if any, relied upon shall be annexed to the application.

 

(2)     The Registry shall list the review petition within ten days of filing in the Chamber of the Judge/Judges for consideration and if the Judge/Judge(s) reach to the conclusion after consideration of the material placed that there is no sufficient ground for a review, same shall be rejected :

 

Provided that, if the Judge/Judge(s) is/are of the opinion that there is sufficient ground for review, the matter shall be listed for hearing.

 

Rule - 77.

 

(1)     If a memorandum of appeal is within time sufficiently and properly stamped and complies with the provisions of these Rules and the law relating to the maintainability and filing of such an appeal;

(a)      In the case of a First Appeal from a judgment and decree where no motion for grant of stay/injunction/interim relief is moved, the Registrar (Judicial) or the Officer authorized for the purpose shall admit the appeal and direct issuance of notices to the respondents.

(b)      All other appeals shall be posted before the appropriate Bench for consideration of admission and passing of appropriate orders.

(2)     Any party seeking stay of the execution of the decree in every appeal or for obtaining any other interim relief shall do so by making an appropriate application before the Court and the Court may pass orders on such application.

 

Rule - 78.

 

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 Reporter, who shall then endorse on as to the sufficiency of the stamp and shall send it to the Registrar (Judicial) or the Officer authorized for the purpose for orders.

 

Rule - 79.

 

(1)     In an appeal arising out of an original or an appellate decree the Registrar (Judicial) shall requisition the record of the Court (s) below.

(2)     If the appellant/applicant fails to take steps in the appeal/application or any other proceedings within the time fixed for the same under these Rules, or if no time is specified, it appears to the Registrar (Judicial) that he is not prosecuting the appeal/application with due diligence, the Registrar (Judicial) shall call upon him to make good/explain his default and if no explanation is offered/default is not made good or the explanation offered appears to the Registrar (Judicial) to be insufficient, the Registrar (Judicial) may issue a notice calling upon him to show cause before the Court as to why the appeal/ application or any other proceedings should not be dismissed for non-prosecution.

(3)     The Registrar (Judicial) shall send a copy of the notice mentioned above to every respondent who has entered appearance. The Court may, after hearing the parties, dismiss the appeal/application or any other proceedings for non-prosecution or give such other directions thereon as it may deem fit.

CHAPTER VII PROCEDURE IN CRIMINAL CASES

(A) General

Rule - 80.

 

(1)     Every memorandum of appeal and every application or revision shall immediately below the title have endorsed on it "Criminal Appeal", "M. Cr. C.", "Criminal Revision" or Criminal Miscellaneous Petitions", as the case may be, and shall state -

(a)      the name and address of each appellant or applicant;

 

(b)      the name and address of each person who is proposed to be made respondent;

 

(c)      the provision of the Code of Criminal Procedure under which the appeal or application is sought to be presented;

 

(d)      every memo of appeal under Section 374 of the Code of Criminal Procedure and every petition praying for the exercise of the High Court's power under Section 397/401 of Cr. P.C. shall state the details of the sentence and/or fine imposed and the enactment under which any conviction is held in the proceedings in connection with which the appeal/revision is made.

 

(e)      the case number, date of order or judgment appealed against, and all other particulars of the case including the name of the Presiding Officer of the Court below :

 

(f)       facts of the case in brief;

 

(g)      grounds or grounds numbered serially;

 

(h)     relief prayed for;

 

(2)     Every such appeal, application or revision shall be accompanied by certified copy of the(Order under challenge (appealed against) and as many spare copies as are required:

 

Provided that the provisions of this Rule, shall not apply to a memo of appeal or an application or a memo of revision made by an accused in duress.

 

Rule - 81.

 

Every application for Revision under Section 397 of the Code of Criminal Procedure shall state that none of the parties to the original case has filed any application tinder that section to the Court of Sessions against the same order or judgment against which the application is sought to be filed.

 

Rule - 82.

 

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 when" the accused has been released on bail by the court below.

 

Rule - 83.

 

No application for suspension of sentence or any application for interim relief shall be made without service of notice to the Public Prosecutor not later than noon of the day preceding that on which the application is to be made.

 

(B) Reference in Capital Cases

 

Rule - 84.

 

When a proceeding is submitted to the High Court under Section 366 of the Code of Criminal Procedure, the Registrar (Judicial) or the Officer authorized for the purpose shall cause the record to be examined and have it entered in the prescribed register.

 

Rule - 85.

 

If the record is in order, the Registrar (Judicial) or the Officer authorized for the purpose shall fix a date of hearing of the reference which shall not be before the expiry of the period of limitation for filing appeal and shall at once cause a paper-

book to be prepared.

 

Rule - 86.

 

The paper-book shall contain the following papers :

(a)      Police Challan ;

 

(b)      First information Report, if any ;

 

(c)      Magistrate's charge with list of witnesses, if any ;

 

(d)      Statement under Section 164, if any ;

 

(e)      Examination under Section 281 and 313, if any ;

 

(f)       Ground for commitment, if any ;

 

(g)      Record of evidence in the Court of Sessions with any further

 

(h)     examination under Section 281 and altered charge, if any ;

 

(i)       Judgment of Sessions Court;

 

(j)       Material documentary evidence, if any;

 

(k)      Petition of appeal, if any;

 

(l)       Order-sheet and the list of exhibits.

Rule - 87.

 

Six copies of paper-book shall be prepared and immediately on receipt of the paper-book the Registrar (Judicial) shall cause one copy to be sent to the Public Prosecutor and one copy to the Accused's Advocate, the remaining 4 copies shall be retained for the use of the Court.

 

Rule - 88.

 

Any order passed by the Court under Sections 368, 415 or 416 of the Code of Criminal Procedure shall be forwarded forthwith to the Court concerned and a copy thereof shall also be sent to the Superintendent of Jail where the accused is lodged.

 

(C) Criminal Appeal by Accused against Conviction

 

Rule - 89.

 

(1)     Jail Appeals may be received by post or otherwise. In the case of such appeals, after the office has reported that it is within time and is admissible, the Registrar (Judicial) or the Officer authorized for the purpose shall submit it with a copy of judgment or order appealed against to a Bench for orders :

(2)     Other Criminal Appeals may be filed in the manner prescribed for filing such appeals in normal course.

 

Rule - 90.

 

Upon admission of the appeal it shall be dealt with in the manner prescribed.

 

(D) Appeal against acquittal

 

Rule - 91.

 

The State or the Central Government, as the case may be, may present appeal against any original or appellate order of acquittal after the Court grants leave on petition presented in the manner hereinafter provided, if any such leave is required.

 

Rule - 92.

 

In case of an order of acquittal passed in any case instituted on complaint, the complainant may present an appeal to the Court if the Court grants special leave to appeal on an application made in the manner hereinafter provided.

 

Rule - 93.

 

All acquittal Appeals when the sentence prescribed is of more than ten yea.s shall be listed before the Division Bench for admission along with record.

 

Rule - 94.

 

On receipt of the records from the Lower Court, the Registrar (Judicial) or the Officer authorized for the purpose shall cause six copies of paper-books at the cost of the Court to be prepared in Division Bench cases only. Such paper-books shall be prepared in accordance with procedure prescribed in this Chapter.

 

Rule - 95.

 

Notwithstanding anything contained in these Rules in all cases in the High Curt' paper-book shall be typed, or cyclostyle, or printed except where otherwise order by the Court/Registrar (Judicial) or the Officer authorized for the purpose.

 

Rule - 96.

 

In the case of an appeal under Section 378, sub-section (1) or sub-section (2) of the Code of Criminal Procedure, the Registrar (Judicial) or the Officer authorize f°r the purpose shall ascertain whether the accused desires assistance, and if so, he s&H assist him in the appointment of an Advocate on his behalf.

 

(E) Other appeals provided in Cr. P.C.

 

Rule - 97.

 

The provisions contained n this Chapter shall apply as far as possible in cases of appeal under Sections 341 and 3fl of Cr. P.C.

 

Rule - 98.

 

The provisions contain-d in this Chapter shall apply as far as possible in cases of appeals under Sections 86, 44fand 454 of Cr.P.C.

 

(F) Criminal Revision

 

Rule - 99.

 

Cases in revision may be taken up in one or more of the following ways : -

(a)      upon a petition presented in the Court in normal course.

(b)      upon a petition received from jail.

(c)      upon an order by a Judge on perusal of a sessions statement;

 

(d)      upon a order by a Judge on examination of periodical return ; or

 

(e)      during the course of an Inspection of a Court.

Rule - 100.

 

In the case of Revision under Sections 397 and 401 of the Code of Criminal Procedure, 1973 arising out of conviction and sentence of imprisonment, it shall be posted for admission only after the petitioner has surrendered to the custody in the concerned Court. If he has not surrendered the revision shall be accompanied by an application seeking leave to surrender within a specified period. On sufficient cause being show- the Bench may grant such time and on such conditions as it thinks fit and proper.

 

Rule - 101.

 

When a Revision has been admitted and Court directs issuance of notice the Registrar(Judicial) or the Officer authorized for the purpose shall fix a date of hearing and case notice to be issued in the prescribed form.

 

Rule - 102.

 

Except as provided by the rules of this Chapter no paper-book shall be prepared in ?y Criminal Revision.

 

Rule - 103.

 

In the case of Revision when notice has been given to the accused to show ,cause why the order passed should not be set aside and sentence of death be passed, the Registrar (Judicial) or the Officer authorized for the purpose shall take steps to ascertain whether the accused has funds to employ his own counsel and if necessary shall at the earliest possible stage obtain orders of the Chief Justice for appointment of pleader for the accused.

 

(G) Criminal Reference

 

Rule - 104.

 

(1)     As soon as reference under Section 395 of Cr.P.C. is received the Registrar (Judicial) or the Officer authorized for the purpose shall cause it to be registered and placed before the Court for admission. The Court shall thereafter dispose of the Reference in such manner as it deems appropriate, in accordance with the procedure laid down in these Rules.

(2)     If the Court is of opinion that the point referred to in the case is of substantial importance, it may refer the case for hearing by a larger Bench.

 

(H) Bail Matters

 

Rule - 105.

 

Every bail application under Sections 438 and 439 of the Code of Criminal Procedure shall, as far as possible, be moved in the format prescribed.

 

Rule - 106.

 

No application for grant of anticipatory bail or regular bail under any provisions of law shall lie unless a notice has been served upon the Public Prosecutor or some Officer appointed in this behalf.

 

Rule - 107.

 

In all Criminal Appeals and Criminal Revisions arising out of conviction and sentence imposed by a Judicial Magistrate or a Court of Sessions, the Registrar (Judicial) shall send for the record of the Court(s) below. In other cases the record of the Court(s) below shall not be sent for or requisitioned unless the Court directs this to be done.

 

Rule - 108.

 

(1)     All applications for grant of anticipatory bail shall be supported with an affidavit of the applicant clearly stating the name of the advocate he has engaged and whether any such bail application has been previously filed or not. In exceptional cases a relative of the applicant or the persons engaging the lawyer in the High Court may submit an affidavit in support of the application.

 

(2)     In a case where the number of accused are more than one, the affidavit shall state as to whether or not bail application of a co-accused is pending or has been disposed of in the High Court.

 

(3)     All applications under Section 439 of the Co ie of Criminal Procedure shall be supported with an affidavit of the relative or person .acquainted with the facts. If the number of the accused are more than one, the affidavit shall state as to whether or not bail application of co-accused is pending or has been disposed of in the High Court.

CHAPTER VIII APPEALS, APPLICATIONS/REFERENCES UNDER SPECIAL ACTS

A: Income Tax Act, 1961

Rule - 109.

 

References and applications under Section 256 of the /Act shall be posted before such Bench of two Judges as the Chief Justice may specify and it shall be registered as Income Tax Reference oi income Tax Appeal, as the case may be.

 

Rule - 110.

 

The statement of the case by the Tribunal under sub-section (1) of Section 256 of the Act shall be accompanied by, as annexures thereto, copies of :

I.         the assessment order;

 

II.       the appellate order;

 

III.     the order of the Tribunal under Section 254 (1) ;

 

IV.      the application of the assessee or of the Commissioner, as the case may be, requiring the Tribunal to state a case to the High Court under sub-section (1) of Section 256; and

 

V.        any other relevant paper or papers which the Tribunal may consider relevant for the disposal of the application.

 

Rule - 111.

 

The statement of the case shall be in the form of numbered paragraphs setting out all the relevant facts and proceedings in their chronological order, the contentions of the parties in relation to the question or questions referred, the finding of fact and law of the Appellate Tribunal thereon and the question or questions of law arising therefrom and referred. It must not contain any discussion on the questions not referred.

 

Rule - 112.

 

The Appellate Tribunal, when submitting a statement of the case to the Court, shall forthwith give notice thereon to the parties at whose instance the reference has been made.

 

Rule - 113.

 

Applications under sub-section (2) of Section 256 of the Act shall be accompanied by, as annexures thereto, copies of –

 

(i)       the order of the Income Tax Officer;

 

(ii)      the order of the Appellate Authority ;

 

(iii)     the order of the Appellate Tribunal passed in the case under Section 254$$0);

 

(iv)    the application of assessee or of the Commissioner, as the case may be, requiring the Tribunal to state a case to the High Court under sub-section (1) of Section 256;

 

(v)      The order of the Tribunal refusing to state a case and make a reference under sub-section (1) of Section 256;

 

(vi)    any other paper or document which the applicant considers necessary for the disposal of the application; and

 

(vii)   where the application is filed by an assessee, a certificate in original from the Appellate Tribunal to the effect that the assessee has not withdrawn his application for reference under sub-section (3) of Section 256 of the Act before the said Tribunal.

 

Rule - 114.

 

After the application under sub-section (2) of Section 256 of the Act is admitted and after the receipt of reference under sub-section (1) of Section 256 notice will be served on the parties giving information regarding the preparation of paper books.

 

Rule - 115.

 

The paper book in the case of reference under sub-section (1) of Section 256 shall contain the papers mentioned in this part of Rule and all other relevant papers.

 

Rule - 116.

 

The paper book in case of application under sub-section (2) of Section 256 shall contain the papers mentioned in Rule 113 and also the following papers

(i)       the application of the assessee, or the Commissioner, as the case may be, to the High Court under sub-section (2) of Section 256.

 

(ii)      the order of the High Court requiring the Tribunal to state a case ;

 

(iii)     the statement of the case by the Tribunal under sub-section (2) of Section 256.

Rule - 117.

 

The cost of preparation of paper book shall be deposited by the party seeking the reference within the time fixed by the Court which will be treated as cost of reference.

 

In case of default in making payment of the paper books cost as aforesaid the case should be laid before the Bench for such orders as it deems fit.

 

Rule - 118.

 

After delivery of judgment a copy thereof shall be sent under the seal of the Court and the signature of the Registrar General or the Officer authorized for the purpose to the Appellate Tribunal, as required by sub-section (1) of Section 260 of the Act.

 

B: Estate Duty Act, 1953, Wealth Tax Act, 1957, Customs Act, 1962, Central Excise Act, 1944, Gold (Control) Act, 1968

 

Rule - 119.

 

The Rules of this Chapter regulating the procedure for the conduct and disposal of application under Section 256 and appeals under Section 260-A of the Income Tax Act, 1961 shall, so far as may be apply mutatis mutahdis to the proceedings under Section 64 of the Estate Duty Act, 1953 (Act XXXIV of 1953), Section 27 of the Wealth Tax Act, 1957 (Act XXVII of 1957), Section 130 of the Customs Act, 1962, Section 35-G of the Central Excise Act, 1944, Section 82-B of the Gold (Control) Act, 1968 with such modifications and adaptations as the Chief Justice may prescribe.

CHAPTER IX FILING, REGISTRATION AND CLASSIFICATION

A: Filing and Registration

Rule - 120.

 

All applications, petitions, memos of appeal, affidavits etc. shall be filed at the centralised filing counter or the filing counter earmarked for a particular group of cases before the designated Officer and shall be accompanied by a prescribed listing proforma duly filled in primarily meant for entering in the Computer Data. The filing shall be received from 10 AM to 1.30 PM and from 2.15 PM to 4.30 PM.

 

Rule - 121.

 

Except Interlocutory Applications (IA), applications, petitions and memos of appeal shall be processed only after stamp report and after the defect, if any, have been removed and/or the compliance of mandatory requirements are met with.

 

Rule - 122.

 

Applications/appeals/revisions etc. to the High Court save where it is provided to the contrary in these rules, shall be submitted by a petition in the prescribed proforma wherever provided : -

 

(i)       written in English ;

 

(ii)      neatly typed on thick paper of fullscap size with a margin of two inches, only one side of the paper being used;

 

(iii)     signed and dated by the petitioner or by his counsel, or if the petitioner is illiterate bearing the petitioner's thumb mark and attested by one literate person;

 

(iv)    signed by the typist who shall state the capacity in which he types it;

 

(v)      presented in the filing section by the petitioner or his recognized agent or his counsel.

Rule - 123.

 

In the cause title of every civil and criminal case, the name of the District from where the matter has arisen shall be mentioned in capital letters/bold/underline.

 

Rule - 124.

 

(1)     Where at any time between the conclusion of hearing and the pronouncing of the judgment or after the judgment but before the filing of the appeal, any party to the proceeding in the court below dies, the appeal may be filed by or against the legal representatives, as the case may be, of the deceased party :

 

Provided that the appeal is accompanied by a separate application, duly supported by an affidavit, praying for bringing on record such person as the legal representative of the deceased party and setting out the facts showing him to be the proper person to be entered on the record as such legal representative.

 

(2)     The Registrar, after satisfying himself that the appeal is in order, shall endorse the date of presentation on the Memorandum of appeal and register the same as an appeal in the Court.

 

Rule - 125.

 

(1)     The following petitions shall be accompanied by an affidavit made by the petitioner or his duly authorised Agent : -

(i)       For review made upon the ground of the discovery of new and important matter of evidence;

 

(ii)      For stay of execution;

 

(iii)     For vacating in order staying execution;

 

(iv)    For security under Order XLI, Rules 6 and 10 of the Code of Civil Procedure;

 

(v)      For re-admission or restoration of an appeal or application dismissed for default of appearance or for non-payment of process fee or paper-book costs.

 

(vi)    For action for contempt of Court;

 

(vii)   For substitution of parties;

 

(viii)  For the appointment or discharge of guardians ad-litem or next friends;

 

(ix)    For transfer of any civil or criminal case;

 

(x)      For action under Section 87 of the Code of Criminal Procedure:

 

Provided that the Court may direct a party to file an affidavit in any other matter.

 

Rule - 126.

 

On receipt of the document, the Officer In charge of the filing counter shall endorse on the document the date and time of receipt and enter the particulars of the said document in the computer system as well as the register of daily filing and cause it to be sent to the department concerned for examination. If, on scrutiny the document is found in order, it shall be duly registered and given a serial number of registration. It shall also be entered in the Computer as a Data. The Chief Justice may issue instructions from time to time, with regard to the procedure for filing, especially having regard to computerization requirements and once issued, those instructions shall be applicable and enforceable as being part of this Chapter.

 

Rule - 127.

 

Where a document is found to be defective, the said document shall after notice to the party filing the same, be placed before the Registrar (Judicial)/Designated Officer. The Registrar (Judicial)/Designated Officer may, by an order in writing, decline to receive the document if, in his opinion, the mandatory requirements of the rules are not satisfied. Where, however, the defect noticed is formal, the Registrar (Judicial)/ Designated Officer may allow the party to rectify the same in his presence, but in other cases, he may require the party to obtain an order from the Court permitting the party to rectify the same and for this purpose may allow; to the party concerned, such time as may be necessary but not exceeding twenty eight days in aggregate.

 

Rule - 128.

 

As soon as the matter is found in order, the same shall be duly registered and given a serial number of registration through Computer, the particulars and the data of the same shall be entered in the Computer and while preparing the cause list, the Listing Branch shall include the fresh matters in the list from the data available in the Computer. For the purpose of listing fresh matters, matters for orders on interlocutory applications, after notice matters, and final disposal matters shall be taken from the computer only.

 

Rule - 129.

 

(1)     The applications, petitions, memo of appeal including interlocutory application (IA), shall be in paper-book form with index typed on fullscap size water marked plain demy-fullscap paper (pie paper) or bond paper capable of being used in the printer of the computer, with a margin of two inches containing approximately 24 lines, paginated with annexure numbers and shall be accompanied by a synopsis of the case giving the relevant dates of events in chronological order.

(2)     Hand written document used as annexures if not easily readable in Photostat, shall be accompanied by true type copies.

 

Rule - 130.

 

After entries are made, the Designated Officer shall either himself or through office staff under his supervision shall get the matter examined as per the check list and in the following manner : -

(a)      Format of cause title, including full and complete address of all the parties including the details of the Police Station, Post Office and Postal Index Number.

 

(b)      Receipt showing service of copy on the Advocate General/other side as required under these Rules or any other statute or Rules ;

 

(c)      Sufficiency of Court fee Stamp ;

 

(d)      Provision of law under which the filing is made

 

(e)      Certified copy of the order under challenge and/or of any order required under these Rules, or under any other statute or Rules ;

 

(f)       Relief sought for ;

 

(g)      Sufficient number of copies as required under these Rules.

 

(h)     Other requirements under these Rules or statutory requirement, if any :

 

Provided that deficiency of Court Fee Stamps will not be considered to be a defect for the purpose of filing if it is accompanied by an application seeking leave to pay deficit stamps within a specified period or to contest stamp report.

 

Rule - 131.

 

Where the Designated Officer is of opinion that there is bonafide arguable point' pertaining to any defect, he shall refer the matter to the Bench for orders or admission.

 

Rule - 132.

 

Defect free applications, petitions, memos of appeal, affidavits etc. shall immediately be sent to the concerned Section for being listed before the Bench. Similarly, the particulars/data of all the cases, which are to be listed for orders, after notice cases and final disposal cases shall be updated on each day and those particulars/data shall be updated day-to-day as per the daily development in the matter.

 

Rule - 133.

 

The affidavit accompanying a petition for the re-admission or restoration of an appeal or application dismissed for default of appearance or for non-payment of process fees or paper-book costs shall state the circumstances under which such default was made, and whether or not the party whose appeal or application was dismissed had, before such dismissal, engaged an advocate to conduct the appeal or application.

 

Rule - 134.

 

(1)     In the matter of any pending case no interlocutory application, written statement, affidavit, or list of documents shall be filed unless a copy thereof has been previously served on the counsel of the opposite party. The counsel served with such copy shall acknowledge receipt by endorsement. When the counsel of the opposite party refuses to accept the copy or is not available or such party is not represented, the fact shall be endorsed by the applicant on the application or document presented :

 

Provided that where the counsel for the opposite party refuses to accept the copy, he may record his reasons for refusal on the original application or document.

 

When the Court orders the filing of an affidavit, a copy of the affidavit so filed, shall be served on the counsel of the opposite party a week or such time as Court may fix before the date of hearing.

(2)     In the matter of any pending case the interlocutory application or any other pleadings or affidavits or documents filed shall clearly state the case number and the date of hearing, if any.

(3)     When the case is listed in the Court and the filing is on the same day, it shall be the duty of the concerned Advocate to apprise the Court about the filing of pleadings at the beginning of hearing, if any such filing has been made on the same day :

 

Provided that no such pleadings (application/petition/affidavit/document) shall be received in the Registry if it is not supported with an application seeking permission to file such pleadings.

 

Rule - 135.

 

Unless otherwise directed, all criminal appeals/criminal revisions in which a prayer for suspension of sentence has been made or in application for grant of bail and a Misc. Criminal Case for staying any pending matters filed before 1.30 PM shall ordinarily be posted for admission or orders, as the case may be, as far as possible within three days.

 

Rule - 136.

 

Where any interlocutory application is filed in a case which is listed before the Bench on urgency being shown, the same shall be laid on the records of the case without any delay.

 

Rule - 137.

 

(1)     All cases shall be listed for admission along with interlocutory applications seeking interim relief (s), if any, chronologically in accordance with the date of filing. No matter shall be listed for admission out of turn unless so directed by the concerned Court or the Chief Justice in this regard, notwithstanding the filing of an interlocutory application for interim relief (s).

(2)     It will be open to the petitioner to make a prayer for interim relief in the main application of a writ petition, except in cases where the law requires a separate application to be filed for this purpose.

(3)     All applications filed in the main case will be registered as interlocutory applications and shall be given a separate number subject to the law relating to payment of Court fee.

 

Rule - 138.

 

The provisions as contained in this Chapter so far as may be, shall be applicable to filing of Process Fee, Vakalatnama, documents, slips and any other papers relating to any case.

 

B : Classification

 

Rule - 139.

 

Classification, group wise, of all the matters for its registration to be filed in the Court, in supersession of all the previous nomenclatures relating to matters, shall be as shown hereunder:

 

Rule - 140.

 

Any other case which does not fall in any of the above categories shall be registered with same classification as was being done immediately before coming into force of these Rules.

CHAPTER X CAVEAT

Rule - 141.

 

(1)     Any person claiming a right to be heard by the Court in any matter before any stay or any interim relief of any nature is granted by the Court may at any time tile a Caveat giving full and complete particulars, in the prescribed format, as far as possible, including particulars relating to the cause title, case number, date of judgment etc.

(2)     Every caveat shall be presented by the party in person or by his Advocate in the concerned Filing Section. Where the caveator is represented by an Advocate his Vakalatnama shall accompany the caveat. Where the caveat has been lodged under these rules, the person by whom the caveat has been lodged shall serve a notice of caveat by Registered Post or by approved Courier' Service, acknowledgement due, on the person by whom the application has been, or is expected to be made. If the caveat is filed in person, his full address, telephone number(s), Fax number with S.T.D. Code and E-mail address shall be furnished.

 

Rule - 142.

 

(1)     The caveat Section of the Registry shall maintain a list of all caveats and immediately on receipt of a Caveat enter the same in the Computer or make a record of the same. Whenever a matter is filed where Caveat-clearance is required, the Caveat Section shall endorse thereupon by way of Caveat-clearance through Computer Section either that no Caveat has been filed or if a Caveat has been filed, the particulars of the Caveat and the Caveator.

(2)     Every application for any interim relief or stay in a proceeding shall be supported by a statement of the applicant stating that no notice of lodging a caveat by the opposite party is received by him or if notice of caveat is received whether the applicant has furnished the copies of the application together with copies of the annexure which have been filed or may be filed in support of the application to the caveator.

 

Rule - 143.

 

(1)     At the time the matter is listed in the Court and if the Caveat has been Filed, the name of the counsel for the Caveator shall be shown in the cause list.

(2)     Where a caveat has been lodged under these rules, such caveat shall remain in force for a period of 90 days.

 

Rule - 144.

 

(1)     Save as otherwise provided application for interim relief or stay in any petition or appeal of any kind whatsoever shall not be considered by the Court unless the same is accompanied by a Caveat-clearance certificate issued by the Registry of the Court or, if a Caveat has been filed by a party, after notice upon the Caveator supplied with a copy of the petition/application or the memo of appeal, as the case may be.

(2)     Where it appears to the Court that the object of granting ad-interim relief on the application would be defeated by delay, it may record reasons for such opinion and grant ad-interim relief on the application till the next date of hearing, to be made absolute after giving caveator an opportunity of being heard.

CHAPTER XI ROSTER AND LISTING

A : Roster, cause list and Misc. Instructions

Rule - 145.

 

The Judges shall sit singly or in Benches of two or more and dispose of Civil or Criminal work in accordance with a roster approved by the Chief Justice. The roster shall be prepared by the Registrar (Judicial) in accordance with instructions given by the Chief Justice. On approval a copy of the roster shall be supplied to all Judges, Advocate General and to the Bar Association.

 

B : List of Ready Matters for Final Hearing

 

Rule - 146.

 

(1)     List of final hearing matters as well as the daily list of matters shall be prepared, category-wise, as per the roster and orders/directions given by the Chief Justice from time to time.

(2)     Two weeks before re-opening of the Court after summer vacation, the Registry shall prepare and publish a category-wise quarterly list of ready matters .(civil and criminal) for final hearing in chronological order i.e. in order of date and year of registration, and a separate register for all these ready matters shall be prepared, and the same shall be entered in the Computer. Out of this quarterly list of ready matters ; the Registry shall prepare and publish a weekly list of matters on Saturday in chronological order which are to be listed before, different Benches during the commencing week and the same shall be distributed amongst the Bar and Advocate General's office, and shall also be displayed on the Notice Board of the Court. If any matter is disposed out of this weekly list in a particular week, then other matters shall be included in place of the disposed of matters from the quarterly list.

 

Rule - 147. Criminal appeals in which accused persons are in Jail.

 

A separate list of ready matters of D.B. criminal appeals as well as Single Bench criminal appeals shall be prepared in descending order of period of the detention of accused persons i.e. the appeal of those accused persons shall be listed on higher side who are in jail for longer period under the heading 'Appeals in which accused persons are in jail.'

 

Rule - 148.

 

Two weeks before the end of every quarter i.e. by 15th September/15th December/15th March, subsequent quarterly list of regular hearing matters shall be prepared and published by the Registry by deleting the disposed of matters and adjourned matters of the existing quarterly list, and in the next quarterly list such number of matters shall be added as directed by the Chief Justice or the other matters which are adjourned for that quarter.

 

Rule - 149. Daily list.

 

The daily list shall be prepared in the following manner : -

 

Two days in advance of the date of hearing, daily list of motion hearing matters, category-wise, as per the category list annexed with these Rules shall be prepared by the Registry out of the fresh registered matters up to that date, and those matters shall be listed according to the rosier.

 

Note. - (i) A matter shall be treated as fresh matter till the matter is admitted or notice is directed.

 

(ii) If a matter is admitted then same shall be treated as final hearing matter.

 

Rule - 150.

 

The daily list shall be issued in the following order : -

(i)       Fresh cases.

 

(ii)      Cases for orders on Interlocutory applications.

 

(iii)     Overnight part heard cases.

 

(iv)    After notice cases.

 

(v)      Final disposal cases.

 

(vi)    Final hearing cases.

 

Rule - 151. Supplementary Inst.

 

If after issuance of daily list two days in advance, any matter requires hearing and directed to be listed on urgent basis as per the directions of the Chief Justice or the concerned Bench, as the case may be, a supplementary list of such matters shall be prepared and issued on the previous day of hearing.

 

Rule - 152.

 

Fart heard matters shall be included in. the daily list just after the matters for orders on interlocutory applications, unless otherwise directed by the Court.

 

Rule - 153. Early hearing of Regular matters.

 

If any party desires for early hearing of a regular matter, then he shall be required to file an application for early.hearing and that application shall be listed before the Chief Justice in Chamber for direction. The Chief Justice ma)- assign the work of disposal of early hearing application to the concerned Bench as per the Roster.

 

Rule - 154.

 

(1)     At the conclusion of a motion hearing the Court Reader shall send the case to the Registry. Provided that in case where the Court has ordered stay of execution or granted an order for bail, the Court Reader shall immediately after the hearing in which such order is passed and before sending the case to the Registry, prepare a copy of the order granting the stay of execution or bail and shall send the same to the concerned section for compliance.

 

(2)     The Court Reader shall record result of the day in two cause lists to be maintained by him; one for the Court's Record and other to be made over to the listing Branch. Further, at the end of the day, the Court Reader shall send the file to the concerned Branch for their compliance and in turn, the Section Officer of the concerned Branch shall send, by the next day, the files in which fixed date or where rule is made returnable, to the cause list branch for noting the same for the purpose of future listing and the listing branch shall update the Computer system accordingly.

 

(3)     A copy of an order granting stay or execution or bail shall be issued to the Subordinate Courts by the Registry and the envelope in which it is contained shall be marked "Immediale-Order for Bail or Immediate Order of stay of Execution," as the case may be, in red ink.

 

Rule - 155.

 

Same pattern shall also be followed in the matters of Division Bench.

 

Rule - 156.

 

The matters which may be postponed by the Registrar (Judicial)

(a)      if two days before the date of hearing the record has not been received or the matter is otherwise incomplete.

However, as soon as the record is received and the matter becomes ready for hearing then same shall be included in the list at its original number.

 

On such adjournment the Registrar (Judicial) shall take necessary steps to get the matter ready for listing, and if within a period of one month the Registry is not able to get the matter ready for listing then the matter shall be listed before the Court with an office report for direction.

(b)      If before the date of hearing, death of a party is announced and thereby adjournment is necessitated; on such adjournment the Registry shall initiate appropriate action in the matter in order to get the matter ready for listing.

(c)      If before two days of hearing counsel for the parties agree for adjustment on account of some difficulty, then the adjustment be made and next date of hearing shall be given by the Registrar (Judicial) according to the convenience of the parties.

 

However, at the time of adjournment if the Registrar (Judicial) finds that the matter is being adjourned time and again, or the adjournment is unnecessary then he will be entitled to refuse the same.

 

Rule - 157. Case Flow Management Rules in the High Court.

 

Division of Cases into different tracks :

1.        Writ Petitions. 

(a)      The High Court shall, at the stage of admission or issuing notice before admission categorize the Writ Petitions other than Writ of Habeas Corpus, into three categories depending on the urgency with which the matter should be dealt with, the Fast Track the Normal Track and the Slow Track. The petitions in the Fast Track shall invariably be disposed of within a period not exceeding six months while the petitions in the Normal Track should not take longer than a year. The petitions in the Slow Track, subject to the pendency of other cases in the Court, should ordinarily be disposed of within a period of two years.

(b)      Where an interim order of stay or injunction is granted in respect of liability to tax or demolition or eviction from public premises etc. shall be put on the fast track. Similarly all matters involving tenders would also be pul on the Fast Track.

2.        The Registrar (Judicial) or any other officer nominated by the Chief Justice, shall at intervals of every month monitor the stage of each case likely to come up for hearing before each Bench (Division Bench or Single Judge) during that month which have been allocated to the different tracks. The details shall be placed before, the Chief Justice or Committee nominated for that purpose as well as the concerned Judge dealing with cases.

 

3.        The Chief Justice or the Committee may shift the case from one track to another, depending upon the complexity, (urgency) and other circumstances of the case.

 

4.        Data will be fed into the computer in such a manner that the court or judge or judges referred to in sub-rule (2) above will be able to ascertain the position and stage of every case in every track from the computer screen.

5.        Whenever the roster changes, the judge concerned who is dealing with final matters shall keep himself informed about the stage of the cases in various tracks listed before him during every week, with a view to see that the cases are taken up early.

6.        Writ of Habeas Corpus. - Notices in respect of Writ of Habeas Corpus where the person is in custody under orders of a State Government or Central Government shall invariably be issued by the Court at the first listing and shall be made returnable within 48 hours. State Government or Central Government may file a brief return enclosing the relevant documents to justify the detention. The matter shall be listed after notice on the fourth working day after issuance of notice, and the Court shall consider whether a more detailed return to the Writ is necessary, and, if so required, shall give further time of a week and three days time for filing a rejoinder. A Writ of Habeas Corpus shall invariably be disposed of within a period of fifteen days. It shall have preference over and above fast-track cases.

 

7.        Other matters. - Civil Appeals and other matters in the High Court shall also be divided into different tracks on the lines indicated in sub-rules (2) to (5) above and the said provisions shall apply, mutatis mutandis, to the civil appeals filed in the High Court. The High Court shall make a subject-wise division of the appeals/revision application for allocation into different tracks.

 

8.        Mode of Advance Service. - The mode of advance service provided in these rules shall apply, mutatis mutandis, together with directions contained in the practice directions issued by the Chief Justice for case flow management.

 

9.        First Appeals to High Court:

(a)      Service of Notice of Appeal. - In addition to the process for normal service as per the Code of Civil Procedure, advance notice should simultaneously be given by the counsel for the party who is proposing to file the appeal, to the counsel for the opposite party in the Trial Court itself so as to enable them to inform the parties to appear if they so choose even at the first hearing stage.

 

(b)      Filing of Documents. - The Appellant shall, on the appeal being admitted, file all the essential papers within such period as may be fixed by the High Court for the purpose the High Court understanding the scope of the dispute and for the purpose of passing interlocutory orders.

 

(c)      Printing or typing of Paper Book. - Subject to the order passed by the Court, printing and preparation of paper-books shall normally be done be the parties. After service of notice is effected, counsel for both sides should agree on the list of documents and evidence to be printed or typed and the same shall be made ready by the parties within the time to be fixed by the Court. Thereafter the paper book shall be got read)'. It must be assured that the paper books arc ready at least three months in advance before the appeal is taken up for arguments. Cause lists must specify if paper books have been filed or not.

 

(d)      Filing of Written Submissions and time for oral arguments. -

(i)       Both the appellants and the respondent shall be required to submit their written submissions with all the relevant pages as per the Court paper-book marked therein within a month of preparation of such paper-books, referred to in para (c) above.

 

(ii)      Cause list may indicate if written submissions have been filed. If not, the Court must direct that they be filed immediately.

 

(iii)     After the written submissions are filed, (with due service of copy to the other side) the matter should be listed before the Registrar (Judicial) of the parties to indicate the time that will be taken for arguments in the appeal. Alternatively, such matters may be listed in the Court for deciding the time duration and thereafter to fix a date of hearing on a clear date when the requisite extent of time will be available.

 

(iv)    In the event that the matter is likely to take a day or more, the High Court may consider having a Caution List/ Alternative List to meet eventualities where a case gets adjourned due to unavoidable reasons or does not go on before a court, and those cases may be listed before a court where, for one reason or another the scheduled cases are not taken up for hearing.

(e)      Court may explore possibility of settlement :

(i)       At the first hearing of a First Appeal when both parties appear, the Court shall find out if there is a possibility of a settlement. If the parties arc agreeable even at that stage for mediation or conciliation, the High Court could make a reference to mediation or conciliation for the said purpose.

(ii)      If necessary, the process contemplated by Section 89 of CPC may be resorted to by the Appellate Court so that the hearing of the appeal is not unnecessarily delayed. Whichever is the ADR process adopted, the Court should fix a date for a report on the ADR two months from the date of reference.

10.     Writ Appeals. - An appeal to a Division Bench from judgment of a Single Judge may lie in the following cases :

(a)      (1) Appeals from interlocutory orders of the Single Judge in original jurisdiction matters including writs ;

 

(2) appeals from final judgments of a Single Judge in original jurisdiction ;

 

(3) other appeals permitted by any law' to a Division Bench.

(b)      Appeals against interlocutory orders falling under category (1) above should be invariably filed after advance notice to the opposite counsel (who has appeared before the Single Judge) so that both the sides will be represented at the very first hearing of the appeals. If both parties appear at the first hearing, there is no need to serve the opposite side by normal process and at least in some cases, the appeals against interlocutory orders can be disposed of even at the first hearing. If for any reason, this is not practicable, such appeals against interim orders should be disposed of within a period of a month.

 

(c)      In cases referred to above, necessary documents should be kept ready by the counsel to enable the Court to dispose of the appeal against interlocutory matter at the first hearing itself.

 

(d)      In all Appeals against interim orders in the High Court, in writs or civil matters, the Court should endeavor to set down and observe a strict time limit in regard to oral arguments. In case of Original Side appeals arising out of final orders in a Writ Petition or arising out of civil suits filed in the High Court, a flexible time schedule may be followed.

 

(e)      The practice direction in regard to First Appeal should mutatis mutandis apply in respect of Original Side appeals against final judgments of the Single Judge.

 

(f)       Writ Appeals arising from orders of the Single Judge in a Writ Petition should be filed with simultaneous service on the counsel for the opposite party who had appeared before the Single Judge or on service of the opposite party.

 

(g)      Writ Appeals against interim orders of the Single Judge should invariably be disposed of early and at any rate, within a period of thirty days from the first hearing. Before Writ Appeals against final orders in Writ Petitions are heard, brief written submissions must be filed by both parties within such time as may be fixed by the Court.

11.     Second Appeals. - Even at the stage of admission, the questions of law with a brief synopsis and written submissions on each of the propositions should be filed so as to enable the Court to consider whether there is a substantial question of law. Wherever the Court is inclined to entertain the appeal, apart from normal procedure for service as per rules, advance notice shall be given to the counsel who had appeared in the first appeal letter Court. The notice should require the respondents to file their written submissions within a period of eight weeks from service of notice. Efforts should be made to complete the hearing of the Second Appeals within a period of six months.

12.     Civil Revision. - A revision petition may be filed under Section 115 of the Code or under any special statute. 'The provisions of case flow management rules in regard to Writ Appeals and First Appeals to the High Court, shall mutatis mutandis apply in respect of revision petitions.

13.     Criminal Appeals. –

(a)      Criminal Appeals should be classified based on offence, sentence and whether the accused is on bail or in jail. Capital punishment cases, rape, sexual offences, dowry death cases should be kept in Track 1. Other cases where the accused is not granted bail and is in jail should be kept in Track II. Cases which affect a large number of persons such as cases of mass cheating, economic offences, illicit liquor tragedy, food adulteration cases, offences of sensitive nature should be kept in Track III. Offences which are tried by special courts such as POTA, TADA, NDPS. Prevention of Corruption Act, etc. should be kept in Track IV. Track V - all other offences.

 

(b)      The endeavour should be to complete Track I cases within a period of six months. Track II cases within nine months. Track III within a year. Track IV and Track V within fifteen months.

 

(c)      Wherever an appeal is filed by a person in jail, and also when appeals are filed by Slate, the complete paper-books including the evidence, should be filed by the Slate within such period as may be fixed by Court.

 

(d)      In appeals against acquittals, steps for appointment of amicus curiae or State Legal Aid counsel in respect of the accused who do not have a lawyer of their own should be undertaken by the Registry (State Legal Services Committee) immediately after completion of four weeks of service of notice. It shall be presumed that in such an event the accused is not in a position to appoint counsel, and within two weeks thereafter counsel shall be appointed and shall be furnished all the papers.

14.     Issuance of practice directions. - The Chief Justice may, from time to time, issue practice directions for effective implementation of case flow management rules by categorizing matters into Fast Track. Normal Track and Slow Track as well as Track-I, Track-II etc., and for shifting the case from one track to another depending upon the urgency, importance and other relevant aspects of the matters.

 

15.     Code/Statute to prevail. - Wherever there is any inconsistency between these rules and the provisions of either the Code of Civil Procedure, 1908 or the Code of Criminal Procedure, 1973 or any other statute, the provisions of such Codes and statutes, shall prevail.

CHAPTER XII NOTICE, PROCESS FEE AND NOTICE OF PROCEEDING TO ADVOCATE GENERAL

A : Processes and Process Fee

Rule - 158.

 

Whenever notice is ordered to be issued to any party at the expense of any other party, the latter shall pay the necessary process fees within the time staled in the order, or if no such time stated, within 15 days and shall, at the same time supply as many copies of memorandum of appeal, revision or petition along with annexures and affidavit filed in support of them and in case of second appeal the substantial question or questions of law on which the same is admitted as there arc persons to be served :

 

Provided that the time requisite for obtaining a certified copy of the order sheet containing the substantial question or questions of law on which a second appeal is admitted, will be further available for supplying copies thereof along with process fees.

 

Rule - 159.

 

If the process fees are not paid by the due date or if the necessary documents are not filed, the case shall be forwarded forthwith by the Section Officer to the Registrar (Judicial) who may, in his discretion either require a written stamped application for the extension of time to be made, or grant further time for depositing the process-fees or filing the documents without requiring the making of a written application or may direct that the proceedings be placed forthwith before the appropriate Bench for orders. All orders dealing with the service of notices shall be recorded in the order sheet.

 

Rule - 160.

 

(1)     Process fees must be paid in Court fee stamps and not in cash. The stamps must be affixed to a memorandum to be written on a sheet of paper. The memorandum shall state the number and class of the proceeding, the value of the claim in appeal, the value of the Court-fee stamp attached, details of the processes to be issued, and particulars and full address of the parties on whom the notices are to be served. If the address so given is registered address within the meaning of Order VII, rule 19 and Order VIII, rule 11 of the Code of Civil Procedure, the letters "R.A." shall be placed before the address.

 

(2)     If the memorandum be an application for issue of a process, it must, in addition to the requisite stamp for the process fee, bear such stamp as are necessary for its own validity.

 

(3)     The receiving official should acknowledge submission of process fee on the duplicate form, after verifying that the memorandum of appeal, petition, revision etc. presented with the process fee are in order.

 

Rule - 161.

 

The Registrar (Judicial), having regard to the state of the file, and other relevant factors shall fix the date to be entered in notices to respondents at the earliest possible date of hearing, if while issuing notices no date has been fixed by the Court.

 

Rule - 162.

 

A fee of Rs. 10/- (Rs. Ten Only) per notice shall be charged for serving and executing process of all nature as directed by the Court.

 

In cases where processes have to be transmitted by Registered Post Acknowledgement Due/Speed Post/Courier Service, approved by the High Court, the actual sum payable for such transmission through Registered Post Acknowledgement Due/Speed Post/Courier Service/fax message or by electronic mail service or by any other means as may be provided shall be paid in form of envelope containing postal stamps of the requisite value or the charges in cash likely to be incurred for sending through courier service, or fax, or electronic mail message etc.

 

Rule - 163.

 

Notwithstanding foregoing no fee shall be charged for serving. -

(a)      any process which may be issued by the Court of its own motion solely for the purpose of taking cognizance of and punishing any act done for words spoken in contempt or its authority ;

 

(b)      any process issued a second lime in consequence of a mistake for which the Court or any of its officers is responsible or in consequence of an adjournment made otherwise than at the instance of a party;

 

(c)      any copy of a summons, notice or order affixed in a Court house or in the office of a Collector.

 

Rule - 164.

 

Process fee for service or execution of any process or warrant etc. not specified in these rules shall also be charged at the rate of Rs. 10 (Rs. Ten Only) per notice.

 

B: Other Fees

 

Rule - 165.

 

The following fees shall be charged on every application made in respect of the following matters and such fees shall be paid by means of Court fee stamps affixed to such application-

 

 

 

(C) Costs

 

Rule - 166.

 

The following scale of costs shall ordinarily be allowed to the successful party in appeals to the High Court: -

 

(1)    Appeals from Decree

 

(2)    Second Appeals

 

(3)    Appeals From Orders

 

(4)    Revision

 

As determined by the Court

 

(5)    Reviews

(Where notice is given and opposite party appears)

(i)       In First Appeals, the costs to be fixed by the Court.

(ii)      In Second and Miscellaneous Appeals the same costs as were allowed upon the hearing.

 

(6)    Any other Appeal(s)

The same costs as were allowed at the previous hearing.

 

(7)    Applications

 

(Where notice is given and opposite party appears)

 

To be fixed by the Judge or Judges who hear the application.

 

(8)    Matrimonial (Including Divorce) Suits

 

In proceedings arising out of matrimonial disputes, the Court may fix the cost to be paid by a party in respect of cost and litigation expenses depending upon the facts and circumstances of the case.

 

Rule - 167.

 

In all decrees and orders a sum calculated at the rate of 5 per centum of the Advocates fee taxed, and subject to a minimum of Rs. 25/- shall be taxed as costs on account of the fee of the Advocate's clerk or clerks.

 

(D) General Rules

 

Rule - 168.

 

Notwithstanding the provisions of these rules, if having regard to the circumstances of the case, the Court considers the fee allowable inadequate, or excessive it may upon delivery of judgment fix a higher or a lower fee than that hereinbefore prescribed, or order that no fee be entered in the table of costs of a party.

 

B: Service of Notice Upon Parties

 

Rule - 169.

 

Ordinarily all notices shall be served through Registered Post, Speed Post, Courier service as may be approved by the High Court, or such other means as the Court may, from time to time, direct.

 

Rule - 170.

 

The Court may, in any particular case, keeping in view the emergent nature of the case, direct that a notice may be served upon a party through FAX, E-Mail, in addition to the aforesaid modes.

 

Rule - 171.

 

Whenever a notice is served upon anyone by a party, and not through the Court, invariably the party serving the notice shall file an affidavit in the Court in support of the fact that the notice has been served upon the person for whom it was meant. Along with the affidavit for service, the party serving the notice shall file acknowledgement in proof of such service.

 

Rule - 172.

 

Affidavit of service should be filed either by the party himself or his parokarox through the authorized clerk of the Advocate of the party.

 

Rule - 173.

 

Notices meant for all Central and State Government Department, Public Officers, Organizations belonging to Central or State Governments or such Authorities as are covered by Article 12 of the Constitution of India, and whose offices or places of work arc situated in the State of Chhattisgarh shall ordinarily be served upon them by the party directly in the manner here in above prescribed. Only in exceptional and rare cases, notices upon these Government Departments or Public Offices etc. shall be served through the agency of the Court.

 

Rule - 174.

 

If the notice is required to be served upon a party by the Court, the Court may either serve it by post or depute a Special Process Server for this purpose, the Court may also send notice to the District Judge of the district in which the service is required to be effected. Every District Judge who receives such a notice shall ensure that it is served through a Process Server detailed for this purpose and that the service is effected, complete in all respects, and the service report is sent to the Court within the time stipulated in the communication issued by the Court.

 

Rule - 175.

 

After computerisation of the Court system, all routine notices will be prepared automatically from the Computer system as per the formats of the various notices and other details fed in the computer for generation of the notices.

 

C : Notice of Proceeding to Advocate General

 

Rule - 176.

 

The Court may direct notice of any proceedings to be given to the Advocate General who may appear and take such part in the proceedings as he may be advised.

 

In all Criminal Appeals and Criminal Revisions arising out of conviction and sentence 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.

 

Rule - 177.

 

The Advocate General of the State may apply to be heard in any proceedings before the Court, and the Court may, if in its opinion the interest of justice so requires, permit the Advocate General to appear and be heard.

CHAPTER XIII PAPER BOOKS

A : General

Rule - 178.

 

In all matters to be heard by Division Bench or Larger Benches, it shall be mandatory that paper books are filed before the hearing starts. The filing of paper books being compulsory, no matter before a Division Bench or larger Bench shall be heard without the paper books :

 

Provided that in rare and exceptional cases, the Bench seized of a matter may dispense with the requirement of filing the paper book :

 

Provided also that in any other matter, if in the opinion of the Court, paper book is required to be prepared, the Court may direct preparation of paper book either by one of the parties or by the Registry.

 

Rule - 179.

 

All paper books, except in criminal matters, unless there is any order to the contrary passed by the Court, or the Registrar (Judicial) or the Officer authorized for the purpose shall be prepared by the appellant/petitioner:

 

Provided that a respondent within 30 days after service upon him of the notice, or, with the permission of the Court or the Registrar (Judicial) or the Officer authorized for the purpose, may file another set of paper books enclosing papers, other than those inserted in the paper book of the appellant/petitioner to which such respondent desires that a reference shall be made by the Court at the hearing of the appeal.

 

Explanation. - The paper-book means and includes the whole of the papers included in the Appellant's and Respondent's paper-book.

 

Rule - 180.

 

All the paper books shall be neatly typed, or printed and shall conform with the following requirements : -

(a)      The size shall be 32 by 64 cms. of fullscap folio.

 

(b)      The type used in text shall be pica modern, solid, with italics where necessary, but long primer shall be used in printing accounts tabular matter and notes.

 

(c)      Every tenth line on each page shall be numbered, i.e. the tenth line shall be numbered 10, the 20th line 20 and so on.

 

Rule - 181.

 

(1)     In all paper books, unless there is an order to the contrary of the Court or the Registrar (Judicial) or the Officer authorized for the purpose whether prepared by the office of the Court or by the parties, papers in Hindi in Dcvanagari or any other script shall be printed or typed, as the case may be, in Hindi in Dcvanagari script. Paper in vernacular other than Hindi shall be translated in English before being included in the paper books:

 

Provided that if at the time of hearing or even before, it is considered necessary to have all or any of the vernacular papers in the paper books, translated into English the required translation and their typing shall be done in the office of the Court or by any of the parties as directed by the Court and the cost thereof, both the translation and typing, shall, unless otherwise directed by the Court, be borne by the party at whose instance the paper has been included in paper books.

 

(2)     The paper-books shall consist of three parts. Part I shall contain pleadings and depositions of witness, issues framed, judgments, decrees, and miscellaneous papers, if any, of the trial Court. Part II shall contain the record of proceedings in the High Court and Part III shall contain the exhibits and documents. Documents in Parts I and II shall be in chronological order. The headings of the Hindi documents will be in Hindi. To every paper-book and if it is in more than one volume, to each volume, shall be prefixed a table of contents in English with references to pages. The table of contents of Part III shall follow the order of exhibit marks and shall be arranged as far as possible in chronological order, each document showing its, exhibit mark and whether it is a plaintiffs or defendant's document and in all cases document relating to the same matter, such as (a) a series of correspondence, or (b) proceeding in a suit other than the one under appeal, shall be kept together.

 

Rule - 182.

 

Every paper book shall have attached to it a fly leaf in the prescribed form.

 

Rule - 183.

 

The paper book shall contain the following paper/documents : -

I.         Memorandum of Appeal/Petition;

 

II.       All the pleadings of all the parties;

 

III.     Issues and documents;

 

IV.      Evidence of the parties, deposition, as well as documentary;

 

V.        Copies of the Judgments and decrees of the Courts below and all other as are relevant and the material for the disposal of the Appeal/Petition;

 

Explanation. - The paper-books filed in any other Appeal shall always contain all the papers as were in the proceedings before the Court/Tribunal whose order is under challenge.

 

Rule - 184.

 

In respect of the paper-books to be prepared by the Court where either of the parties would be required to defray the costs, the Registrar (Judicial) or the Officer authorized for the purpose from time to time shall notify the cost structure in respect of the paper books which shall always be paid by the parties accordingly.

 

Rule - 185.

 

Such number of copies of paper-books shall be filed in every case as would meet the requirement of the Bench as well as the parties.

 

Rule - 186.

 

All pages of paper-books shall be true copies of their originals and a certificate of the party concerned or of the Advocate to that effect shall always be appended in the Paper-book at its beginning.

 

Rule - 187.

 

In case of failure of the party responsible for filing paper-book, the matter shall be listed before the Bench for final orders and the Bench may pass appropriate orders.

 

Rule - 188.

 

Any party will be always at liberty to apply for making any corrections in the paper-books or for filing supplementary paper-books.

CHAPTER XIV JUDGMENT & DECREE

Rule - 189.

 

(1)     Reserved judgments may ordinarily be pronounced within two months of the conclusion of the hearing.

 

(2)     On noticing that after conclusion of the hearing the judgment is not pronounced within a period of two months, the Chief Justice shall draw the attention of the Bench concerned to the pending matter.

 

(3)     Where a judgment is not pronounced within a period of three months from the date of reserving it, any of the parties in the case is permitted to file an application in the Court with a prayer for early judgment. Such application, as and when filed shall be listed before the Bench concerned within two weeks excluding the intervening holidays.

 

(4)     If the judgment, for any reason, is not pronounced within a period of six months any of the parties of the said /is shall be entitled to move an application before the Chief Justice for appropriate orders. It is open to the Chief Justice to grant the said prayer or to pass any order as he deems fit in the circumstances.

 

Rule - 190.

 

Every judgment, which is ready for signature or has been pronounced, shall be available for inspection in the Court room by parties and counsel appearing in the case. The judgment will be signed at the close of the silting of Court on the day following that on which the judgment or order is placed on the Reader's table for inspection. At any time before signature a party to the case or his counsel may appear and ask for clerical mistakes and omissions. Unless a party or counsel request to the contrary a judgment or order shall be pronounced by announcement of the result without reading the full text. The judgment or order shall bear the date of the day of signature. If such Judge or Judges has or have ceased to be a Judge or Judges of the Court, or are absent on leave, then the matter be placed for correction before such Judge or Judges as the Chief Justice may appoint for that purpose.

 

Rule - 191.

 

The Court Reader shall exhibit outside the Court Room a list of judgments or orders pending on his table under the above rule and will renew the list daily.

 

Rule - 192.

 

He shall also notify daily on the board in the tabular form given below the result of civil and criminal cases, decided by the Hon'ble Judges.

 

Table showing Cases decided

 

On.........................................by the Single Bench presided over by the Hon'ble Mr. Justice......................................../Division Bench consisting of Hon'ble Mr. Justice......................and Hon'ble Mr. Justice..............

 

In Criminal appeal and revisions the main section will be mentioned in the remarks column.

 

Rule - 193.

 

When an order of remand or reference is made the record shall be at once forwarded to the Court which has to obey the order.

 

Rule - 194.

 

Decrees shall be drawn up in English. The Decree shall be prepared by the Court Reader and submitted to the Additional/Deputy Registrar within seven days of the delivery of judgment or order on which it is founded. The Additional/Deputy Registrar shall after making such correction as he deems necessary exhibit a notice on the notice board that the decree has been drawn up and that any party to the decree or his advocate may within three days peruse the decree and sign it before the Additional/Deputy Registrar or mere a written objection (which need not bear a Court-fee stamp) that the decree is not in accordance with the judgment or order upon which it is founded. The Additional/Deputy Registrar may, on perusal of such statement, hear the party or his advocate and may correct the decree or over-rule the objection or may refer the matter to the Court for orders.

 

Rule - 195.

 

The Additional/Deputy Registrar shall cause the Court-seal to be affixed to all decrees and shall sign them, dating them with the date of pronouncement of judgment.

 

Rule - 196.

 

Under no circumstances shall any decree or order passed or made by a Judge or Judges be altered, varied or parted from in any particular in the office, except under any order in writing of the Judge or Judges who passed or made such decree or order, or except under an order made on appeal from such decree or order, or except under an order made upon an application authorized to be made under an order drawn up under rule.

 

Rule - 197.

 

Where any judgment or order of any Judge or Judges of the Court contains any recommendation for the alteration of the procedure in this Court or recommends to or suggests for the consideration of Government any alteration in law or in rules having the force of law, such judgment shall immediately after delivery be submitted to the Chief Justice.

 

Rule - 198.

 

Copies of all decrees or final orders passed in pauper suits or appeals shall be transmitted without delay to the Collector of the District in which the Court passing the original decree is situated, to enable him to recover court-fee or to apply for orders for payment of Court-fee.

 

Rule - 199.

 

(1)     Spare copies of judgments or order shall be prepared in accordance with the statement below : -

 

(2)     One spare copy will be supplied to Hon'ble Judges Library, High Court Bar Association and the other copies to the lower Courts. In unsuccessful appeals from a sentence of death one copy of the appellate judgment, will be supplied to Government along with the record. One of the copies meant for the lower Court will, in the first instance, be sent for the perusal of the Editor, Indian Law Reports, Bilaspur series and similarly one copy in all criminal cases will be sent for the perusal of the Advocate General.

(3)     In the case of Writ Petitions under Article 226 of the Constitution of India, spare copies will be supplied one each to the Hon'ble Judges, Library, High Court Bar Association, Editor, Indian Law Reports, Bilaspur series, Secretary to Government of Chhattisgarh, Law Department, the Advocate General, Chhattisgarh and copies shall also be supplied to the Government of India as follows :

(a)      Two copies to the Secretary to the Government of India, Ministry of Home Affairs, under intimation to the Secretary to Government of Chhattisgarh, Law Department.

(4)     (a) A copy of each judgment or order on service matter may be supplied to the Secretary, Public Service Commission, Chhaitisgarh.

(b) One copy may be supplied to the Officer on Special Duty, Parliament Secretariat, Parliament House, in matters pertaining to the provisions of the Constitution of India or Laws made thereunder.

(c) One copy may be supplied to the Secretary, Election Commission of India in matters relating to elections and election petitions.

CHAPTER XV INFORMATION, INSPECTION OF RECORDS AND ISSUANCE OF COPIES

Rule - 200.

 

One searching fee shall be charged for any number of copies taken from the same record and included in the same application, and no searching fee shall be charged in respect of copies of papers from records of pending cases or of Judgments.

 

Rule - 201.

 

(1)     The Chief Justice shall nominate an Officer in the rank of Registrar or Additional Registrar or Deputy Registrar to be designated as In-charge Copying Section. It shall be the responsibility of the Officer-in-charge of the Copying Section, to over-see, supervise, and monitor all functions and activities in the Copying Section, all Officials working in the Copying Section shall be accountable and responsible to the Officer-in-charge Copying Section.

 

(2)     One or more Officials shall be designated as Copying Officers in terms of Section 76 of the Evidence Act. It shall be their duty to issue, under their signature, certified copies in accordance with these Rules and their digital signatures shall also be preserved for issuance of soft copies of the order/judgment digitally signed through Computer.

 

(3)     Invariably, all certified copies shall be prepared through Photo Copiers. Only in such cases where technically it is not feasible or for any other reason it is either not feasible or not practicable or not desirable, copies shall be prepared through means other than Photo Copier, either by typewritten method or otherwise, but only with the prior written permission of the Officer-in-charge Copying Section.

 

Certified Copies

 

Rule - 202.

 

(1)     A party to a proceeding in the High Court shall be entitled to apply for and receive certified copies of all pleadings, judgments, decrees or orders and all original documents and deposition of witnesses made or exhibited in the said proceeding.

 

(2)     A person who is not a party to a proceeding may be granted certified copy of such a document only if the Registrar (Judicial) or any other officer so authorized in that behalf on being satisfied about the sufficiency and bona fides of the grounds or reasons on which the applicant requires the copy, directs that such copy be furnished. Every application made by such person shall be accompanied by the affidavit of such person specifying the grounds or reasons on which the copy is required.

 

(3)     For issue of copies of judgments and orders to representatives of law reports and news magazines, a general order may be made by the Registrar (Judicial).

 

Rule - 203.

 

Application for copies may be presented in person or by a duly engaged Advocate or may be sent by post to the In-charge of the Copying Section. High Court of Chhattisgarh, Bilaspur.

 

Rule - 204.

 

Copies of more than one document in the same record of the case may be applied for in one application.

 

Rule - 205.

 

Application for copy shall be made in prescribed form giving details of the cause title, case number, name of the Judge who has passed the order, date of order/judgment or decree, etc., and shall be signed by the applicant or his counsel.

 

Rule - 206.

 

Every application shall be accompanied by an advance amount towards copying fee, as specified from time to time, in the form of copying stamp affixed on the application and/or in such other manner as may be specified from time to time, which would be sufficient to cover the estimated cost of the copy applied for and the amount of the Court fee stamps, if any, required under the Rules, or any other law for the time being in force. Where the copy applied for requires a non judicial stamp under the Stamp Act, 1899, the application shall be accompanied by the requisite non judicial stamp. In the case of an application sent by post, the advance shall be remitted by money order.

 

Rule - 207.

 

An application received by post before the arrival of the connected advance shall not be registered or acted upon until receipt of the advance. Should an advance be received before the connected application, it shall forthwith be deposited as copying advance in abeyance. If no connected application is received within thirty days, the In charge of the Copying Section shall cause it to be remitted back to the sender at his expense.

 

Rule - 208.

 

(1)     Charges for preparation of copies (otherwise than by photocopying) shall be calculated per folio. A folio means a group of 175 words. If the entire text or the remainder after folios of 175 words each, to be copied is of less than 175 words, the said text or remainder as the case may be, shall be treated as one folio. In case of photocopy a folio shall be equal to one page of the text to be copied.

 

(2)     For counting the words each initial prefixed to any name or used as abbreviation, shall be counted as one word. If a figure is used, all figures used as a single group shall be counted as one word. For example in 1492/93 there is one group of 1492 and another of 93, and therefore, it would be counted as two words.

 

(3)     In case of maps, plans or drawing, the charges shall be same as actually incurred in making the copy.

 

Rule - 209.

 

Application for copies shall be received at the counter(s) in Copying Section.

 

Rule - 210.

 

Every application submitted at the counter shall be first scrutinized by the counter clerk to whom it is submitted and if he finds any apparent mistake or defect or shortcoming, he shall point the same to the person presenting it and shall receive the application only after the defect is duly removed, mistake rectified and the shortcoming made good, as the case may be.

 

Rule - 211.

 

Every application received for copying shall be duly registered and given a number and a receipt of submission shall be issued. Every such receipt shall show that number and also the date on which the copy is supposed to be ready. In case, the copy is not ready on that date, a fresh date shall be given.

 

Rule - 212.

 

The copy of a judgment or order required by Law Reporter approved by the Chief Justice may be supplied on such terms and conditions as may be deemed fit, keeping in view the feasibility of issuing necessary copies in time at concessional rates.

 

Rule - 213.

 

The application for copy shall be received on all working days. The time for receiving such application shall be from 10.00 AM to 12.00 Noon and from 2.30 PM to 3.30 PM. The time of issue of copies shall be from 12.00 Noon to 1.30 PM and from 3.30 PM to 5.00 PM.

 

Rule - 214.

 

The applications received at the counter, shall be distributed to the Dealing Assistants. Before preparation of copy, the applications shall be carefully scrutinized. If no defect is found in the applications on scrutiny, the date of its receipt with the initials of concerning Dealing Assistants shall be endorsed on its left hand corner on the top.

 

Rule - 215.

 

The defect including that of shortage of fee, if any, found on scrutiny, unless enquired into and cured shall be notified periodically by way of a list of such defective applications, giving the numbers assigned to those applications and by displaying such list on the notice board meant for the same. If the defect is not cured within next ten days of such notification of the defective application, the In-charge of the Copying Section shall notify the application for return to the applicant or his counsel, at his expense along with charges deposited, if any. In case, the applicant or his Counsel fails to take it back, it shall be lodged by the Registrar (Judicial)/Deputy Registrar concerned.

 

Rule - 216.

 

The copy issued shall not contain copy of the Signature of the Hon'ble Judges.

 

Note. - In cases where copies are required of signed judgments or orders etc. The original signed orders shall remain in the file concerned and a copy thereof, duly signed in the margin by the Court Reader shall be sent to the copying Section, and copies applied for shall be issued from such copies.

Rule - 217. Digitally signed Certified Copy.

–

 

Any order/judgment that is typed out from any Court Room and also the judgments/orders typed out by the Stenographers using the Word Processor will be automatically available on the main system. After verification and signing of the judgment by the Judge, the Stenographer will transfer all the judgments/orders signed on that day to the Central Server System using the File Transfer Protocol Software. The computer system installed in the Copying Section will be used for generation of printouts of the orders/judgments as copies of the order for information of litigants. Soft copies of the order shall be digitally signed using the digital signature of an Officer specifically designated for the purpose. These digitally signed orders, which are available on electronic media, can be used as certified copies.

 

Rule - 218.

 

On every copy the following dates shall be entered: -

(1)     Application received on.........

 

(2)     Applicant told to appear on..........

 

(3)     Applicant appeared on...........

 

(4)     Application (with or without further or correct particulars) sent to record Room on...............

 

(5)     Application received from Record Room (with record or without Record for further or correct particulars) on............

 

(6)     Applicant given notice for further or correct particulars on.........

 

(7)     Applicants given notice for further funds on..........

 

(8)     Notice in SI. No. 6 or 7 complied with on..........

 

(9)     Copy read on..........

 

(10)   Copy delivered on............

 

(11)   Copy fee realized.

 

Rule - 219.

 

Every certified copy issued by the High Court shall be certified by the examiner/Assistant Registrar (In-charge Copying Section) to be true and Accurate copy of the original and shall be sealed with the seal of the High Court.

 

Rule - 220.

 

The copy when ready, after entry in the register, shall be given at the counter only to the concerned counsel or his registered clerk or a person authorized by him. It may also be given to the applicant in person, but only after verifying his signatures from the application. The receipt given earlier shall also be collected before the delivery of the copy.

 

Note. - The signatures of the person or Advocate to whom copy is so given shall also be obtained in the register in which 'he application w;as registered, as acknowledgement.

 

Rule - 221.

 

No certified copy shall be given of any document which is a document registered under law for the time being in force or of a document which is itself a copy of the original document. However, if a document which itself is a copy is annexed with any petition/appeal/application/reply or any other pleading presented in High Court then a simple plain copy (photocopy), i.e. office copy of the same may be given.

 

Rule - 222.

 

Notwithstanding anything contained in this chapter no party or person shall be entitled as a right to apply for and receive copies of or extracts from any minute, letter or document of any confidential file or any paper produced before the Court, which the Court considers to be of a confidential nature or the publication of which the Court considers to be not in the interest of the public, except under and in accordance with an order specially made by the Chief Justice or by the Court.

 

Rule - 223.

 

Notwithstanding anything contained in this chapter where the Union or a State Government is a party to any proceeding the Assistant Solicitor General or the Advocate General or a law officer shall on application, be entitled to a free certified plain paper copy of the order passed or judgment pronounced.

 

Rule - 224.

 

The fees to be paid for supply of copies shall be as prescribed from time to time by the Officer-in-charge Copying Section with previous approval of the Chief Justice. For this and other incidental and ancillary purposes, the Officer-in-charge Copying Section may issue necessary administrative instructions which shall be binding on all concerned.

 

Rule - 225.

 

(1)     On payment of ordinary copying fee, endeavour shall be made that copy applied for is issued within 48 hours from the date of receipt of the application.

(2)     On payment of double copying fee. the copies applied any time during court hours shall be issued on the same day or latest within 24 hours from the time of receiving the application.

 

Rule - 226.

 

A stranger to a suit or proceeding in the High Court may also be issued copies of pleadings in the suit or in the proceedings, or other documents, but with the prior approval of the Officer-in-charge Copying Section. In so far as issuance of copies of private documents in these proceedings arc concerned, ordinarily the Officer-in-charge shall not grant approval except with the consent of the parties in the suit.

 

Rule - 227.

 

Copies of judgments convicting Government Officers of criminal offences as well as copies of judgments of acquittal and orders of discharge will be supplied free of charge on the application of the head of the department concerned.

 

Rule - 228.

 

In addition to whatever is contained in these Rules or the administrative instructions issued pursuant hereto by the Officer-in-charge Copying Section, Civil Court Rules and all other enabling rules in this behalf shall mutatis mutandis apply to this Chapter.

 

Rule - 229.

 

No record of any case shall be removed from the Court building by any one except in connection with the discharge and performance of official duties and upon permission in writing by the Registrar General or the Officer authorized for the purpose except in the case of the Judges of the High Court and Registrar General or the Officer authorized for the purpose himself or the Registrar/Additional Registrars/Deputy Registrars.

 

Rule - 230.

 

An inspection of documents undertaken by any applicant shall be carried out under the supervision of an official of the High Court and strict vigil is kept at the time of inspection so as to ensure that neither any document is removed nor tampered with during the course of inspection. The Officer-in-charge Copying Section, under whose authority, supervision, and control, inspection shall be carried out, shall ensure that an Officer not below the rank of Section Officer is made responsible for every individual inspection to be undertaken by any applicant.

CHAPTER XVI DEPOSIT AND REPAYMENT OF MONEY

Rule - 231.

 

When money is required to be paid or deposited in the office of the Court it shall be accompanied by triplicate Challans which shall be delivered to the Accountant of the Court. If the Challans are in order the Accountant shall sign and return the three Challans to the person making the payment or deposit for presentation with the money to the Cashier of the Court. The Cashier shall thereupon receive the money, enter the receipt in the register of receipts, sign each Challan and send the Challans to the Accountant.

 

The Accountant shall then enter the amount in his register of receipts, issue one copy of the Challan to the person making the payment or deposit as a receipt for the money, send the second copy to the office to be filed with record concerned, and keep the third copy serially in a guard file. When the amount exceeds Rs. 500/- the copy of the Challan intended as a receipt for the money shall be signed by the Deputy Registrar before it is issued. The Cashier shall remit the money he has received to the Treasury with the Treasury Pass Book, after verification by the Deputy Registrar or in his absence, by the Assistant Registrar, on the next day 011 which the Treasury is open following the day of payment.

 

Rule - 232.

 

No money paid into Court by way of deposit or otherwise shall be paid out of Court except under an order of Court or of the Registrar (Judicial) or in the absence of the Registrar (Judicial), the concerned Registrar, upon an application for the payment of money.

 

Rule - 233.

 

Every application for the payment of money out of Court shall be in writing and signed by the party claiming in his own right or in his capacity as personal legal representative or as guardian to be entitled to the money or by his recognized agent for the purpose :

 

Provided that where the application is for payment of sum exceeding Rs. 50/- (Rs. Fifty only) the application may be signed by an Advocate duly authorized in that behalf.

 

Rule - 234.

 

(1)     The application shall state -

(a)      the name, description and address of the applicant claiming to be entitled to the money;

 

(b)      the capacity in which such applicant claims to be entitled to the money;

 

(c)      the cause, appeal, matter or proceeding in which, or the date of the order under which, the money to which the application relates was paid into the Court and the date and number of the deposit; and

 

(d)      the precise amount for the payment of which an order is applied for.

(2)     When the applicant desires that the money shall be paid out of Court on his behalf to any other person, the application shall state in clear language that the applicant desires that the money may be paid out on his behalf to such other person and shall state the name, description and address of such other person.

 

Rule - 235.

 

The application shall be presented in person by the applicant claiming to be entitled to receive such money, or by an Advocate acting on behalf of the applicant and in the latter case, the application shall be signed by the Advocate immediately below the signature of the applicant in authentication of the signature of the applicant:

 

Provided that when the sum to be refunded does not exceed Rs. 100/-, the applicant may -

(a)      add to the application a request that the amount due less postal commission may be forwarded to his address by postal money order;

(b)      obtain on the application the counter signature of a Magistrate as to his identity; and

(c)      forward his application countersigned as aforesaid to the Registrar (Judicial) or the Officer authorized for the purpose and, if the identity seems to be sufficiently established, the amount, less postal commission may, under order of a Judge or of the Registrar (Judicial), or in the absence of Registrar General or the Additional Registrar, be sent to him by money order.

Rule - 236.

 

The Judge, or the Registrar (Judicial) or in the absence of the Registrar (Judicial) the concerned Registrar, may pass an order on the application allowing or refusing payment of the amount, or may before passing an order issue notice to show' cause to any person or persons :

 

Provided that no order for payment shall be passed unless the application has been examined by the Accountant and bears his certificate in writing that there is no order in force stopping the payment of such money or any part thereof and stating the precise amount for the payment of which out of Court an order may be made.

 

Rule - 237.

 

When an order for payment is passed a payment order shall be prepared by the Accountant and signed by the Deputy Registrar and when it is ready the fact shall be notified in a register to be kept for public inspection outside the Accountant's Office. The applicant or his Advocate may then take delivery of the payment order from the Accountant after putting his signature on the counter-foil as receipt.

 

Pay orders shall remain in force for two weeks from the dale they are made over to the applicant or his agent, and no payment after the period shall be made until the order is renewed. The dale of delivery of the pay orders shall be noted on it.

 

Rule - 238.

 

The Cashier is authorized to make payment in cash of a sum not exceeding Rs. 200/- (Rs. Two Hundred only). Before making payment the Cashier shall satisfy himself as to the identity of the payee and if the payee is not personally known to him he shall note in the register of pay orders the name, description and address of the person by whom the payee has been identified to his satisfaction. Before making payment the Cashier shall take from the payee a receipt for the money, duly stamped when a stamp is necessary. The Cashier shall enter all such payments in the register of pay orders.

 

Rule - 239.

 

When any money has remained in Court for more than twelve calendar months after the time when an application for the payment thereof might have been made, the accountant shall report the fact to the Registrar General or the Officer authorized for the purpose who shall issue such notice as may be necessary that the money is ready to be paid out of Court. The expense, if any, of issuing such notice shall be charged to and defrayed out of the fund in Court.

 

Rule - 240.

 

The account registers to be kept are as follows : -

(1)     By the Accountant -

(a)      Register of deposits received;

 

(b)      Register of receipts;

 

(c)      Register of payment orders issued;

 

(d)      Register of repayments of deposits;

 

(e)      Ledger of security deposits; and

(2)     By the Cashier -

(a)      General Cash-book;

 

(b)      Pass-book;

 

(c)      Register of payments made in Court;

 

(d)      Register of money orders received.

Rule - 241.

 

All the Registers of the Cashier and of the Accountant shall be examined daily by the Deputy Registrar. The daily examination shall consist in comparing -

(a)      the guard file of Challans, the registers of deposits and receipts, the register of payment orders issued and the register of payments made in Court with the Cashier's general cash-book ;

 

(b)      the Treasury pass-book with the above; and

 

(c)      the balance shown in the pre-emptory cash book with those in the general cash book.

Rule - 242.

 

Notwithstanding anything contained in the foregoing Rules of this Chapter, the Chief Justice may by an administrative order or the High Court in any proceedings, direct that an Account in the name of the High Court may be opened in a Bank which shall be operated by the Registrar General or by such other Officer jointly with the Registrar General or otherwise as the Chief Justice may nominate for this purpose.

 

Rule - 243.

 

If and when such an Account is opened, transactions relating to the deposit of money in the Court by anyone or withdrawal of money from the Court by anyone, as are mentioned in the foregoing Rules in this Chapter may be carried out and operated through the aforesaid Bank Account.

 

Rule - 244.

 

To facilitate the deposit of money in the Bank in the name of the Court or the withdrawal of the money from the Bank by order of the Court, the Chief Justice may issue such administrative instructions as would be conducive to the object sought to be achieved under these Rules.

 

Rule - 245.

 

The Chief Justice may issue an administrative order directing that the accounts of the High Court may be maintained through a Computer system in accordance with the software developed on the basis of the requirements of the High Court. The maintenance of the account of the High Court through the Computer system may be in addition to the accounts maintained manually as per the foregoing Rules of this Chapter or alternatively as the Chief Justice may direct.

 

Rule - 246.

 

The Chief Justice, may by an administrative order direct that the functions to be performed by Deputy Registrar under this Chapter may be performed by some other officer of the same or higher rank.

CHAPTER XVII PRESERVATION AND DESTRUCTION OF CIVIL AND CRIMINAL RECORDS AND REGISTERS A. DESTRUCTION OF RECORDS

Rule - 247.

 

Each record shall be divided into two files, which shall be called File-A and File-B.

 

Rule - 248.

 

Each paper, as it is filed, shall be entertained in the index which is put with record of every case on its institution and shall be marked with the letter A or B for the purpose of indicating whether it belongs to file A or file B.

 

I. Civil Records

 

Rule - 249.

 

File A shall consist of the following papers:-

(a)      in original suits or papers other than those which are included in the D file of subordinate Civil Court.

(b)      in all other civil proceedings the following: -

(1)     Index.

 

(2)     Memorandum of appeal.

 

(3)     Petition for the exercise of the Court's power of revision.

 

(4)     Reference under Rule 1, Order XLVI. Civil Procedure Code or other law.

 

(5)     Notice, with report of service in ex-parte cases.

 

(6)     Memorandum of objection under Rule 22 or 26 of Order XLI of the Code of Civil Procedure.

 

(7)     Security bond for cost filed by an appellant.

 

(8)     Petition for substitution, addition or striking out of name of parties or for substitution for names of legal representatives of a deceased party to the proceeding including petition for appointment of a next friend or guardian.

 

(9)     Affidavits except affidavits presented with petitions.

 

(10)   Depositions of parties or witness taken in this Court by the lower Court on remand.

 

(11)   Commissions, proceedings held thereunder and reports and examination of Commission.

 

(12)   Documents admitted in evidence in the Court.

 

(13)   Orders impounding a document.

 

(14)   Order imposing a fine on a witness.

 

(15)   Application to refer to arbitration, references to arbitration, the award or other final return of the arbitrators with the proceedings, depositions and documents submitted therewith the Court's order thereon.

 

(16)   Petitions and instruments of withdrawal, compromise or confessions of judgments.

 

(17)   Order-shects including interlocutory orders.

 

(18)   The Court's judgment or final orders.

 

(19)   The decree and all documents relating to the preparation or amendments thereof.

 

(20)   Copy of the lower Courts judgment.

 

(21)   Intimation -from a Debt Conciliation Hoard regarding the decision of proceedings pending before it.

 

(22)   Power of attorney or memorandum of appearance.

 

(23)   Petition for the re-admission of any civil proceeding dismissed for default or for the rehearing of any civil proceedings decreed ex-parte with any affidavit or other documents filed therewith.

 

(24)   Petition for review of judgment with any affidavit or other document filed therewith.

 

(25)   Petition for amendment of decree with any affidavit of document filed therewith.

 

(26)   Judgment of final order and petition preferred to in 23 to 25 (inclusive).

 

(27)   Reference under Section 113, and Rule 1 of Order XLVI, First Schedule to the Code of Civil Procedure, 1908, or other law, with the final order.

 

(28)   Note-sheets relating to the preparation and printing of the Supreme Court appeal record.

 

(29)   Certified copy of order granting special leave to appeal to the Supreme Court.

 

(30)   Certified copy of judgment and order of the Supreme Court.

 

(31)   Two copies of the printed record (paper-books).

 

(32)   Certified copy of stay order of the Supreme Court.

 

(33)   Lists A and B of the record.

 

(34)   Memoranda to Counsel issuing List A and B.

 

(35)   Objections by parties to Lists A and B.

 

(36)   lists of documents showing arrangement of documents in Part-11.

 

(37)   Correspondence with the Registrar of Supreme Court.

 

(38)   Certificate regarding security deposit by the appellant.

 

(39)   Certified copy of order of the Supreme Court giving directions regarding preparation of printed records, etc.

 

(40)   Office copy of List B.

Rule - 250.

 

File B in all civil proceedings shall consist of all papers not indicated above as belonging to File A, provided that the Court may direct that any paper or class of papers which would otherwise belong to File B shall be placed in File A.

 

Note. - The following papers are indicated for facility of reference as belonging to File B: -

(1)     Certificate for legal practitioner's fee.

 

(2)     Copy of lower Court's decree.

 

(3)     Proceeding calling for the record of directing the issue of a notice.

 

(4)     Notices.

 

(5)     Lower Court's proceeding forwarding the record or notice served on respondent.

 

(6)     Petition for postponement of execution or of sale, or for the issue of an injunction.

 

(7)     Proceeding directing the issue of a notice to show cause.

 

(8)     Notice to show cause, with the report of service.

 

(9)     Respondent's application for security for cost being taken from the appellant.

 

(10)   Petition for adjournment.

 

(11)   Petition for records or account-books to be sent for.

 

(12)   Petition for return of documents.

 

(13)   Application for copies.

 

(14)   Other applications which have been disallowed.

 

(15)   Papers relating to preparation of estimates together with the lists of documents to be included in the paper-book and payment purchase.

 

(16)   Translations of vernacular papers.

 

(17)   Paper-books.

 

(18)   Applications for preparing lists A and B, estimate of costs and depositing security.

 

(19)   Application for extension of time of condoning delay in depositing the security and printing costs and filing objections to Lists A and B.

 

(20)   Notices to the respondents of admission of appeal and to the parties regarding dis-patch of printed records to the Supreme Court.

 

(21)   Bills prepared for the office work and the Printer's bills.

 

(22)   Applications and affidavits for expediting the preparation of the printed record.

 

(23)   Correspondence with the press.

 

(24)   Lists of mistakes and defects detected in the printed paper-book.

 

(25)   Postal acknowledgements etc.

 

(26)   Correspondence with the solicitors.

 

(27)   Applications for copies of printed Paper-books.

 

(28)   Transcript of record prepared for the Press.

 

(29)   Profits-first and final.

 

(30)   Surplus copies of the printed records (paper-books).

 

Rule - 251.

 

Papers in File A, with the exception of following papers which shall be retained permanently, shall be retained for twelve years from the date of judgment and shall then be destroyed.

(1)     Index.

 

(2)     Judgments and final orders of this Court with compromise, if any, on which the decree is based.

 

(3)     Decrees.

 

(4)     Petitions for withdrawing a case.

 

(5)     Note-sheets relating to the preparation and printing of the Supreme Court Appeal Record.

 

(6)     Certified copy of order granting special leave to appeal to the Supreme Court.

 

(7)     Certified copy of judgment and order of the Supreme Court.

 

(8)     Two copies of the printed record (Paper-book), of the surplus copies of the printed paper-book, shall be undertaken one year after receipt of the judgment and order of the Supreme Court without any reference to the litigants or Advocates concerned, provided however, that where such litigants apply to the Registrar, through their Advocates for the return of such copies., they may be-returned to such Advocates, provided that the application for return is made at least one calendar month before expiry of the aforesaid period. No notice to take back such copies will be issued from the High Court.

 

(9)     Any other documents ordered by the Court to be retained permanently.

 

Note. - When a grant of probate or letters of administration with a copy of the Will annexed has been made, the original Will shall forthwith be forwarded to the Deputy Registrar as required by rule of the Rules published in the Registration Department Notification Nos. 1925A and 1925-B, dated the 4th December, 1919, and Judicial Department Notifications Nos. 78/202-A-V and 79 of 202-B-V, dated the 4th March. 1920.

Rule - 252.

 

Destruction of the surplus copies of the printed paper-book shall be undertaken one year after the receipt of the judgment and order of the Supreme Court without any reference to litigants apply to the Registrar through their advocates for the return of such copies, they may be returned to such Advocate, provided that the application for return is made at least one calendar month before expiry of the aforesaid period. No notice to take back such copies will be issued from the High Court.

 

Rule - 253.

 

(1)     Documents which are produced in this Court, but are not admitted in evidence shall be returned by the Court to the party or pleader producing them immediately after rejection. If any of them unavoidably remain in court, they should be placed in a closed cover labelled "Documents filed by to be returned" before the record is sent for depositing in the Record Room. The cover should be kept with File B and destroyed with file if the contents are not taken back previously.

(2)     Documents which are admitted in evidence shall be returned by the Court -

(i)       where the case is one in which an appeal to the Supreme Court is not allowed, when the case has been disposed of; and

(ii)      where the case is one in which an appeal to the Supreme Court is allowed, when the time prescribed for such appeal has elapsed and no appeal has been preferred, or, if such appeal has been preferred, when the appeal has been disposed of.

A document may, however, be returned before the expiration of the time prescribed for an appeal to the Supreme Court or before the disposal of such appeal if the person applying for the same delivers a certified copy to be substituted for the original and undertaken to produce the original if required to do so. But no document shall be returned which is ordered to be impounded or has, by force of the decree become wholly void or useless, or which is required by law to be preserved.

 

(3)     A general notice will be pasted in a conspicuous part of the Court house that documents filed in appeal or other proceeding should be withdrawn as soon as the decree or order made therein has become final and that if they are left with the Court they will be kept at the risk of the owners and destroyed after 12 years from the date of judgment if not admitted.

 

II. Criminal Records

 

Rule - 254.

 

File A in Criminal Appeals, References and Revisions shall consist of the following papers:

(1)     Index.

 

(2)     The memorandum of appeal or petition for revision or reference with a translation into English if the memorandum or petition is in the vernacular.

 

(3)     Depositions of parties or witnesses taken in this Court or by the lower Court on remand.

 

(4)     Order-sheet.

 

(5)     Judgment or order of the High Court.

 

(6)     Warrant.

 

(7)     Power of attorney and memorandum of appearance.

Rule - 255.

 

File B shall consist of all papers in the record not indicated above as belonging to File A, provided that the Court may direct that any paper or class of papers, which would otherwise belong to File B, be placed in File A.

 

Rule - 256.

 

The periods for which File A of the records of Criminal Appeals and Revisions shall be preserved shall be as follows: -

(i)       Criminal Appeals in non-bailable cases except summarily dismissed............. 14 years from the date of final order.

 

(ii)      Criminal Appeals in non-bailable cases which have been summarily dismissed and Criminal Appeals in bailable case 6 years from the date of final order.

 

(iii)     Criminal Revision 6 years from the date of final order.

 

(iv)    Miscellaneous Criminal Cases 6 years from the date of final order:

Provided that no records shall be destroyed until one year has elapsed after the expiry of the longest sentence imposed on any accused still living.

 

Rule - 257.

 

Papers in File B shall be retained for one year from the date of judgment and shall then be destroyed unless the Court otherwise directs.

 

III. General Rules

 

Rule - 258.

 

The destruction of all records and papers shall be by burning in the presence of the Record Keeper under the supervision of the (Additional Registrar or) Deputy Registrar (or by shredding or by such other mode as the Registrar may deem proper.)

 

Rule - 259.

 

The Record Keeper shall when putting papers aside for destruction, mutilate all court fee stamps attached to them in such manner that it shall be impossible to use them again.

 

Rule - 260.

 

No records shall be destroyed without the previous sanction of the Registrar; and the fact of the destruction of any record shall be noted in the "Register of Records Destroyed" maintained by the Record Keeper of the Court.

 

Rule - 261.

 

Elimination of B files of records shall be done month by month by examining the records of the thirteenth month back. As far as possible similar monthly examination of the A file should be made, work on these being brought up to date by the end of vacation.

 

B. Destruction of Registers

 

Rule - 262.

 

(1)     A Register of Registers deposited in the Record Room will be kept in Form No. 79 on Schedule II.

(2)     The Register shall consist of two parts, viz. -

(1)     List of Register to be preserved permanently.

 

(2)     List of Register to be eliminated after the expiry of prescribed period.

 

(3)     Part I shall be divided into sections as follows: -

Section A - Registers to be preserved for 35 years.

Section B - Registers to be preserved for 14 years.

Section C - Registers to be preserved for 12 years.

Section D - Registers to be preserved for 6 years.

Section E - Registers to be preserved for 3 years.

Section F - Registers to be preserved for 1 year.

(4)     Part I and each Section of Part II shall be divided into divisions, a separate division being opened for each different kind of register. A separate series of numbers shall be given to the registers entered in each division. Care should be taken to ensure that the space allotted to each division is such that the pages belonging to each division will be completely filled in approximately the same length of time.

(5)     Part I and Part II shall be separately paged throughout and a table of content shall be made at the beginning of the Part showing which pages are allotted to each Section and each kind of register.

(6)     On receipt in the Record Room a register will at once be entered, in the appropriate division of Part I or Part II as the case may be.

Part I

List of Registers to be preserved permanently

(1)     Register of Suits.

 

(2)     Register of First Appeals.

 

(3)     Register of Second Appeals.

 

(4)     Register of Miscellaneous Appeals.

 

(5)     Register of Civil Revisions.

 

(6)     Register of Miscellaneous Civil Cases.

 

(7)     Register of Criminal Appeals.

 

(8)     Register of Criminal Revisions.

 

(9)     Register of Sentences of death, submitted for confirmation.'

 

(10)   Register of Records destroyed.

 

(11)   Register of Re-cognized clerks of Advocates.

 

(12)   Office Order Book.

Part II

List of Registers to be eliminated after the expiry of a prescribed period.

Description of Registers

Section A (35 Years)

(1)     Register of Civil Court Deposit Receipts.

(2)     Register of Repayment of Civil Court Deposits.

 

Section B (14 Years)

(1)     Cashier's (General Cash Account).

 

Section C (12 Years)

(1)     Book of Deposit Repayment Vouchers.

 

(2)     Correspondence Registers.

 

(3)     Cashier's Account Book.

 

(4)     Register of Elimination of Records.

 

Section D (6 Years)

 

(1)     Head Copyist's Register of Application of copies.

 

(2)     Head Copyist's Detailed Account Book.

 

(3)     Head Copyist's Account Book.

 

(4)     Head Copyist's Duplicate Receipt Book.

 

(5)     Challan-Book of money sent into the Treasury.

 

(6)     Remittance List.

 

(7)     Register of monthly Business Statements.

 

(8)     Register of Miscellaneous Criminal Cases.

 

(9)     Register of Records received from the Lower Courts.

 

(10)   Register of Records dispatched.

 

(11)   (Cashier's) Book of Receipt for money.

 

(12)   Register of progress of cases in the pending and Paper-book Branches (Civil).

 

(13)   Head Copyist's Pass Book A and B.

 

(14)   Head Copyist's List of unexpected advances.

 

(15)   Estimator's Register of Estimates prepared.

 

Section E (3 Years)

 

(1)     Register of Inspection of Records.

 

(2)     Copying Branch Register of daily disposals.

 

(3)     Book of Requisition for Records (Civil and Criminal).

 

(4)     Register of work done daily in the Copying Section.

 

(5)     Book of Intimation to Lower Court of admission of Appeal.

 

(6)     Book of acknowledgement of Records returned.

 

(7)     Register of Applications received by post.

 

(8)     Register of process issued.

 

(9)     Register of progress of cases in the pending and Paper Book Branches (Criminal).

 

(10)   Consolidated Register of Bills of Costs for Paper Books.

 

(11)   Register of records deposited in Record Room.

Section F (1 Year)

(1)     Attendance Roll.

 

(2)     Disposal Ledgers.

 

(3)     Register showing work done daily by the Privy Council Clerk.

 

(4)     Register showing work done daily by each section in the Supreme Court Copying Sections.

 

(5)     Cause Book of petitions.

 

(6)     Register of Receipts and issues of Forms.

 

(7)     Register of work done daily in the Copying Section.

 

(8)     Register showing preparation of Records of cases for transmission to Supreme Court.

 

(9)     Register of distribution of work in the Translation Section.

 

(10)   Register of work done by Translators.

 

(11)   Register of work done by Notice Clerk.

 

(12)   Register of work done by Estimators.

 

(13)   Register of daily out-turn of typist in the Paper-Book Branch.

 

(14)   Consolidated Register of work done daily by each Translator.

Note. - Any other registers and papers of ephemeral nature for the preservation of which no specific period has been prescribed shall be destroyed at the end of one year.

CHAPTER XX

A: Rules under section 34(1) of the Advocates Act, 1961

Rule - 263.

 

In these rules, unless there is anything repugnant to the subject or context the word "advocate" shall include a partnership or a firm of advocates.

 

Rule - 264.

 

Save as otherwise provided for in the any law for the time being in force, no advocate shall be entitled to appear, plead or act for any person in any court in any proceeding unless the advocate files an appointment in writing signed by such persons or his recognized agent or by some other person duly authorized by or under a power of attorney to make such appointment and signed by the advocate in token of its acceptance or the advocate filed a memorandum of appearance in the form prescribed by the High Court:

 

Provided that where an advocate has already filed an appointment in any proceeding, it shall be sufficient for another advocate, who is engaged to appear in the proceedings merely for the purposes of pleading, to file a memorandum of appearance or to declare before the court that he appears on instructions from the advocate who has already filed his appointment in the proceedings :

 

Provided further that nothing herein contained shall apply to an advocate who has been requested by the court to assist the court amicus curie in any case or a proceeding or who has been appointed at the expense of Slate to defend an accused person in a Criminal Proceeding.

 

Explanation. - A separate appointment or a memorandum of appearance shall be filed in each of the several connected proceedings, notwithstanding that the same advocate is retained for the party in all the connected proceedings.

 

Rule - 265.

 

An advocate who is not on the roll of Advocates of the Bar Council of the State in which the court is situated, shall not appear, act or plead in such court, unless he files an appointment along with an advocate who is on the roll of such State Bar Council and who is ordinarily practising in such court.

 

Rule - 266.

 

In cases in which a party is represented by more than one advocate, it shall be necessary for all of them to file a joint or separate appointment.

 

Rule - 267.

 

The acceptance of the appointment on behalf of a firm or partnership of advocates shall be indicated by a partner affixing his own signature as a partner on behalf of the firm or partnership of advocates.

 

Rule - 268.

 

An advocate at the time of acceptance of his appointment shall also endorse on it his address which address shall be regarded as one for service within the meaning of rule 5 of Order 111 of the Code of Civil Procedure, 1908 :

 

Provided that where more than one advocate accepts the appointment, it shall be sufficient for one of them to endorse his address.

 

Rule - 269.

 

Where an advocate appointed by a party in any of the proceedings is prevented by reasonable cause from appearing and conducting the proceedings at any hearing, he may instruct another advocate to appear for him at that hearing.

 

Rule - 270.

 

(1)     Except when specially authorized by the Court or by consent of the party, an advocate, who has advised in connection with the institution of a suit, appeal or other proceeding or has drawn up pleadings in connection with such matter, or has during the progress of any suit, appeal or other proceeding appeared, acted or pleaded for a party, shall not, unless he first gives the party whom he has advised or for whom he has drawn up pleadings, appeared, acted or pleaded, an opportunity of engaging his services, appear or act or plead in such suit, appeal or other proceeding or in an appeal or application for revision arising therefrom or in any matter connected therewith for any person whose interest is in any manner in conflict with that of such party :

 

Provided that the consent of the party may be presumed if he engages another advocate to appear, act or plead for him in such suit, appeal or other proceeding without offering an engagement to the advocate whose services were originally engaged by him or on his behalf.

 

(2)     Where it appears on the face of the record that the appearance of an advocate in any proceeding for any party is prejudicial to the interest of the other party on account of the reasons mentioned in sub-rule (1) above, the Court may refuse to permit the appearance to be filed or cancel such appearance if it has already been filed, after giving the said advocate an opportunity of being heard.

 

(3)     An advocate who discloses to any party information confided to him in his capacity as an advocate by another party without the latter's consent shall not be protected merely be reason of his being permitted to appear, act or plead for the said party.

 

Rule - 271.

 

(1)     The appointment of a firm or partnership of advocates may be accepted by any partner on behalf of the firm.

 

(2)     No such firm or partnership shall be entitled to appear, act or plead in any Court unless all the partners thereof are entitled to appear, act or plead in such Court.

 

(3)     The name of the firm or partnership may contain the names of the persons who were or are members of the partnership but of no others.

 

(4)     The words 'and Company' shall not be affixed to the name of any such partnership or firm.

 

(5)     The names of all the members of the firm shall be recorded with the Registrar of the High Court and/or the District Judge, as the case may be, and the State Bar Council, and the names of all the partners shall also be set out in all professional communications issued by the partners or the firm.

 

(6)     The firm of advocates shall notify to the Registrar of the High Court/or the District Judge, as the case may be, and the State Bar Council, any change in the composition of the firm or the fact of its dissolution as soon as may be from the date on which such change occurs or its dissolution takes place.

 

(7)     Every partner of the firm of advocates shall be bound to disclose the names of all the partners of the firm whenever called upon to do so by the Registrar of the High Court, the District Judge, the Stale Bar Council, any Court or any party for or against whom the firm or any partner thereof has filed the appointment or memorandum of appearance.

 

(8)     In every case where a partner of a firm of advocates signs any document or writing on behalf of the firm he shall do so in the name of the partnership and shall authenticate the same by affixing his own signatures as partner.

 

(9)     Neither the firm of advocates nor any partner thereof shall advise a party or appear, act or plead on behalf of a party in any matter or proceeding where the opposite party is represented by any other partner of the firm or by the firm itself.

 

Rule - 272.

 

No advocate shall be permitted to file an appointment or memorandum of appearance in any proceeding in which another advocate is already on record for the same party save with the written consent of the former advocate on record or the leave of the Court, unless the former advocate has ceased to practice or has by reason of infirmity of mind or body or otherwise become unable to continue to act.

 

Rule - 273.

 

An advocate may correct any clerical error in any proceedings with the previous permission of the Registrar or any officer of the Court specially empowered in this behalf by the Court obtained on a memorandum stating the correction desired.

 

Rule - 274.

 

No advocate who has been debarred or suspended or w hose name has been struck off the role of advocates shall be permitted to act, as a recognized agent of any party within the meaning of Order 3 of Code of Civil Procedure, 1908.

 

Rule - 275.

 

No advocate who has been found guilty of contempt of Court shall be permitted to appear, act, or plead in any Court unless he has purged himself of contempt.

 

Rule - 276.

 

Advocates appearing before the Court shall wear the following dress.-

(1)     Advocates other than lady advocates : -

(a)      Black buttoned up coat (Chapkan, achkan or Sherwani), Advocate's gown and bands, or

(b)      Black open collar coat, transparent shirt, transparent collar (stiff or soft) with Advocate's gown and bands.

(2)     Lady Advocates, -

(a)      Sarees, salwar-kameej. Flake or shirt trousers (transparent).

(b)      Black and full or half sleeve jacket or blouse, while collar (stiff or soft) with transparent bands with Advocate's gown.

 

B: Senior Advocate

 

Rules framed by the High Court of Chhattisgarh, at Bilaspur, in exercise of the powers conferred under Section 16 (2) of the Advocates Act, 1961

 

Rule - 277.

 

The High Court may designate an Advocate as Senior Advocate, if in its opinion, by virtue of his ability and standing at the Bar the said Advocate deserves such distinction.

 

Explanation. - The term 'standing at the Bar' means the position of eminence attained by an advocate at the Bar by virtue of his seniority, legal acumen and high ethical standards maintained by him, both inside and outside the Court

 

Rule - 278.

 

The name of an Advocate for being designated as a Senior Advocate may be sponsored in any of the following ways : -

(i)       by the Chief Justice or any of the Judges of the High Court;

(ii)      by an application made by the Advocate desiring to be designated as such:

 

Provided that in case of (i) above written consent of the Advocate concerned shall accompany the proposal and in any case the Advocate concerned shall append his certificate that he has not applied to any other High Court for being designated as Senior Advocate and that no application of his has been rejected by the High Court within the period of two years prior to the date of the proposal or application.

 

Rule - 279.

 

An advocate shall be considered for being designated as Senior Advocate only if he has completed forty five years of age and has actually practiced as Advocate for not less than fifteen years, of which 12 years practice should be in any court within the jurisdiction of the erstwhile High Court of Madhya Pradesh or High Court of Chhattisgarh and at least three years practice in the High Court of Chhattisgarh in calculating the 15 years standing at the Bar, services rendered as Judicial Officer shall be taken into consideration.

 

Rule - 280.

 

The advocate to be designated as Senior Advocate should be an Income Fax Assessee for seven years preceding the date of consideration of his case for designation as Senior Advocate and the annual declared gross income from the profession should not be less than 2 lakhs rupees for the past 3 years.

 

Rule - 281.

 

(1)     The application by an Advocate to designate him as Senior Advocate shall contain the following particulars : -

1.        Name

 

2.        Qualifications

 

3.        Date of birth

 

4.        Permanent Address

 

5.        Address to which communications are to be sent

 

6.        Date of enrolment as Advocate and where enrolled

 

7.        Number in the roll of advocates maintained by the State Bar Council and the date on which enrolled

 

8.        Are you a member of any Association of Lawyers? If so, give details.

 

9.        Number of years' practise (or judicial service) and in which Court?

 

10.     Have you specialized in any field of Law? If so, give details.

 

11.     Have you been a chamber junior to any lawyer? If so, furnish the name of such Lawyer/Lawyers and the period held as such.

 

12.     Is any junior lawyer attached to your chamber? If so, furnish name of such Lawyer and the period held as such.

 

13.     (i) Since when have you been an assessee under the Income Tax Act in respect of your profession.

(ii) What is the gross income returned for last 3 years and the net income on which you have been assessed.

14.     Are you in the panel or do you hold any office under the State or Central Government?

 

15.     Reference to any important matter in which you have appeared.

 

16.     Have you had to your credit any Journal? If so, give details.

 

17.     Have you attended or participated in any seminar/conference relating to law?

 

18.     Are you connected with any faculty of law.? If so, give details.

 

19.     Has any application for designation as Senior Advocate been made to the High Court of Chhattisgarh or any other Court before? If so, with what result?

 

20.     Are you ordinarily practising within the jurisdiction of the High Court of Chhattisgarh?

 

21.     Other information/particulars, if any, including legal aid work.

 

(2)     If the proposal for designation of an Advocate as Senior Advocate is made under clause (i) of Rule 2, by the High Court, the particulars mentioned in clause 5 (1) shall, as far as possible, be obtained by the Registry.

 

Rule - 282.

 

The proposal for designation shall be considered at a Full Court Meeting of the High Court.

 

Rule - 283.

 

An application once rejected shall not be renewed for another two years.

 

Rule - 284.

 

The designation of Senior Advocate shall be liable to be cancelled after due notice in the event of it being found that he has violated any or all of the provisions of the Rules prescribed by the Bar Council of India under Sections 16 (3) and 49 (1) (g) of the Act.

 

Rule - 285.

 

On designation of an Advocate as a Senior Advocate or on cancellation of such designation, the Registrar General, shall notify the fact to the Registrar General, Supreme Court, the Bar Council of Chhattisgarh, the Bar Council of India, the Bar Council of other Stales in India and to all the District and Sessions Judges subordinate to the High Court.

 

Rule - 286.

 

A record of all such decisions shall be maintained in the office of the High Court.

 

Rule - 287.

 

Nothing in these Rules shall be construed to curtail the powers of the High Court to relax any requirement under the Rules.

 

Rule - 288.

 

On the date of coming into force of these Rules, any existing Rules framed by the High Court under Section 16 (2) of the Advocates Act, 1961 shall stand repealed.

 

These Rules shall come into force with immediate effect.

 

C: Advocates Clerk's Rules

 

Rule - 289.

 

In these rules the expression 'authorised clerk' means a clerk employed by an Advocate ordinarily practicing in the High Court, and the Courts subordinate thereto, in accordance with the rules and practice of the Court and such instructions as may, from time to time, be issued by the Registrar General or the Officer authorized for the purpose by the High Court.

 

Rule - 290.

 

(1)     An advocate ordinarily practising in the High Court may make an application to the Registrar General or the Officer authorized for the purpose in pursuance of these rules, for the registration of a Clerk, who, on such registration, shall be known as an 'authorised clerk', for the purpose of transacting business in accordance with these Rules.

(2)     No advocate may make an application for registration of more than one authorized clerk save with the express recommendation of the High Court Bar Association certifying that the Advocate's practice is such that the number of clerks recommended is essential.

 

Rule - 291.

 

A register of all authorized clerks shall be maintained in the Registry of the Court, in such manner or as prescribed and to each authorized clerk shall be given an identity card in the prescribed form. Every authorized clerk while on duty shall be properly dressed and wear plastic badge measuring 1" x 3" of black colour containing the name of the clerk concerned in transparent and below the name, description as Advocate's Clerk.

 

Rule - 292.

 

An advocate shall at once report to the Registrar General or the Officer authorized for the purpose the termination of employment of any authorized clerk, and on termination of his employment a clerk shall immediately return his card, failure to do so would render him liable to such penalty as may be prescribed.

 

Rule - 293.

 

No clerk employed by an Advocate shall be allowed to transact any business with, or have access to any of the offices of the Court or the Courts subordinate thereto, unless he is an authorized clerk, and properly dressed as such.

 

Rule - 294.

 

It shall be the duty of an Advocate at once to inform the Registrar General or the Officer authorized for the purpose of any serious misconduct which comes to his knowledge on the part of his authorized clerk.

 

When it is alleged that an authorized clerk is guilty of misconduct, the Registrar General or the Officer authorized for the purpose may, for reasons to be recorded in writing, and after hearing the clerk in his defence if the latter so desires, order his suspension, or the removal of his name from the register and the cancellation of his card, and on the passing of such order the clerk shall cease to be authorized clerk.

 

Rule - 295.

 

If a person who has been suspended or whose name has been removed from the register is thereafter recommended for registration by any Advocate, the fact of such suspension or removal shall be mentioned in the recommendation.

 

Rule - 296.

 

When submitting an application under the foregoing rule, and when it is desired to renew registration, the Advocate shall furnish a certificate to the effect that he knows personally, or has satisfied himself by proper enquiry, that the clerk in question is a person of good character and antecedents that he is fit to be employed as authorized clerk, and will be employed bona fide and solely in the Advocate's own service and for the purpose of his legal business in accordance with these rules that his employment is necessary for the Advocate's professional practice and that the advocate will make it a condition of his accepting a brief that remuneration shall be paid to the authorized clerk or clerks in an amount not less than Rs. 100/- per case.

 

In the case of a first application he shall further furnish an undertaking that if it comes to his notice that the clerk is or has been working as a tout lie shall at once report the fact to the Registrar General or the Officer authorized for the purpose.

 

Rule - 297.

 

An authorized clerk shall transact business in the offices of the High Court or Court's subordinate thereto only on behalf of the Advocate whose clerk he is or of the clients of the said Advocate :

 

Provided that whenever the sole authorized clerk of an Advocate is unavoidably absent from the Court the authorized clerk of any other advocate may work in his place, with the previous consent in each case of the Advocates concerned.

 

Rule - 298.

 

The Registrar General or the Officer authorized for the purpose may for reasons to be recorded in writing, reject any application for the registration or renewal of registration of an authorized clerk.

 

Rule - 299.

 

An authorized clerk may act in all matters of a routine nature which do not require the personal attendance of the Advocate and shall be allowed to do the following acts on behalf of his master : -

(i)       To receive notices, and to obtain forms of notices from the office.

 

(ii)      To obtain reports by the Stamp Reporter on civil appeals and application, and by the concerned Clerk on criminal appeals, before their presentation in Court.

 

(iii)     To obtain office reports upon applications.

 

(iv)    To present to the Registrar General or the Officer authorized for the purpose or Deputy Registrar or in the absence of the Deputy Registrar to the Assistant Registrar applications signed by his master for -

(a)      Inspection of records and registers.

 

(b)      Return of documents.

 

(c)      Refund of surplus balances at credit,

 

(d)      Inclusion of documents in a paper-book,

(v)      To make application for copy under his signature, stating the name of the Advocate and description of the party represented by such Advocate stamps,

 

(vi)    To take notes from deficiency reports of the Stamp Reporter and file necessary stamps.

 

(vii)   To inspect records with his master, or with another Advocate if his master permits it and is himself empowered to inspect,

 

(viii)  To deposit money and file Court-fees :

 

(ix)    To receive paper-book, copies and the like.

 

(x)      To file Vakalatnamas, retainer slips, certificates of fees, written forms of processes, and copies of papers and briefs.

 

(xi)    To identify, if required and in a position to do so, persons making inspection of records or swearing affidavits.

 

(xii)   To apply for copies in his own name, stating that the application is being made on behalf o his master to be named.

Rule - 300.

 

Should it come to the notice of any Advocate or of any officer or assistant of the High Court that any person other than an authorized clerk as hereinbefore defined, is transacting or attempting to transact any business of an authorized clerk within the precincts of the High Court, he shall at once report the fact to the Registrar General or the Officer authorized for the purpose who shall take such action as he may deem fit, and may remove such person from the precincts of the Court.

 

Rule - 301.

 

By an administrative order, the Chief Justice may prescribe other conditions relating to the grant of registration to Advocates' Clerk, including the duration or period of such registration, or renewal thereof, and the levy of fees for such registration, if any, as also conditions attached thereto.

 

D: Prevention of Toutary

 

Rule - 302.

 

(1)     The Registrar General or the Officer authorized for the purpose may, if necessary in consultation with the President High Court Bar Association shall publish list of persons proved to his satisfaction, by evidence of general repute or otherwise, habitually to act as touts to be know as ' list of touts' and may, from time to time, alter and amend such list.

 

A copy of every list of touts shall be displayed on the notice board of the Court.

 

Explanation. - In this Order -

(a)      'tout' means a person who procures, in consideration of any remuneration moving from any advocate or from any person acting on his behalf, the employment of such advocate in any legal business, or who proposes to or procures any advocate, in consideration of any remuneration moving from such advocate or from any person acting on his behalf, the employment of the advocate in such business, or who, for purposes of such procurement, frequents the precincts of the Court.

 

(b)      the passing of a resolution by the Supreme Court Bar Association or by a High Court Bar Association declaring any person to be tout shall be evidence of general repute of such person for the purpose of this rule.

(2)     No person shall be included in the list of touts unless he has been given an opportunity to show cause against the inclusion of his name in such list. Any person may appeal to the Judge (in Chamber) nominated in this behalf against the order of the Registrar including his name in such list.

 

(3)     The Registrar may, by general or special order, exclude from the precincts of the Court all such persons whose names are included in the list of touts.

CHARTER XIX

A: Rules under Section 82 of the Arbitration and Conciliation Act, 1996

Rule - 303.

 

In exercise of the powers conferred by Section 82 of the Arbitration & Conciliation Act, 1996 (26 of 1996), the High Court of Chhattisgarh makes the following Rules as to the proceedings before the Courts under the Act, namely : -

(1)     These rules may be called the Chhattisgarh Arbitration Rules, 2005.

 

(2)     They shall come into force from the date notified by the Chief Justice.

 

(3)     In these Rules "Act" means the Arbitration and Conciliation Act, 1996. Other expressions not defined herein shall carry the same meaning as they do under Section 2 of the Act.

 

(4)     (i) Every application under Section 9, Section 14, Section 17, Section 27, Section 34, Section 39, and Section 43 of the Act shall be made in writing duly signed and verified in the manner prescribed by Order-VI, Rule 14 and 15 of the Code of Civil Procedure, 1908 and if the Court so directs, shall be supported by an affidavit. It shall be divided into paragraphs numbered consecutively and shall contain the name, description and place of residence of the parties. It shall contain statement in concised form -

(a)      of the material facts constituting cause of action ;

 

(b)      of facts showing that the Court to which the application is presented has jurisdiction ;

 

(c)      relief asked for; and,

 

(d)      names and addresses of the persons liable to be affected by the application :

Provided that where a party, by reason of absence or for any other reason, is unable to sign and verify the same, it may be signed and verified by any person duly authorised by him in this behalf and is proved to the satisfaction of the Court to be acquainted with the facts of the case.

 

(ii) An application for enforcement of an arbitral award under Section 36 or a foreign award under Section 47 or Section 56 shall be in writing signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the particulars prescribed in sub-rule (2) of Rule 11 of Order 21 of the Code of Civil Procedure, 1908.

(5)     The Court Fees (in Court fee stamps) on the application/Vakalatnama/ Appeal made/preferred to the Court/Court of Appeal under the Act shall be payable according to the Schedule below : -

 

Schedule

 

A: Applications

 

B: Appeals

(6)     Where the application made by the party is not in accordance with the provisions of these rules, the Court may reject the application.

 

(7)     Every application shall, if the Court is satisfied that the same is in order, be numbered and registered as an arbitration case and every appeal shall be registered as an arbitration appeal.

 

(8)     The Court to which an application is presented shall direct notice thereof to be given to the opposite party and to such other persons as are likely to be affected by the proceedings requiring to show cause within a time to be specified in the notice why the relief sought in the application be not granted. The notice shall be accompanied by a copy of the application and documents filed by the applicant.

(9)     (1) Save as otherwise expressly provided in the Act or these Rules the following provisions of the Code of Civil Procedure, 1908 (V of 1908) shall apply to the proceedings before a Court in so far as they may be applicable thereto, namely : -

(i)       Sections 28, 31, 35, 35A, 35B, 107, 133, 135, 148A, 149, 151 and 152; and,

 

(ii)      Order 111, V, VI, IX, XIII, XIV, XVI to XIX, XXIV and XU.

(2) (a) For the purpose of facilitating the application of the provisions referred to under sub-section (1) the Court may construe them with such alterations, not affecting the substance, as may be necessary or proper to adopt to the matter before it; and

(b) The Court may, for sufficient reasons, proceed otherwise than in accordance with the said provisions if it is satisfied that the interests of the parties shall not thereby be prejudiced.

(10)   The process fees in relation to the proceedings before the court shall be charged as per Chapter XX of the Chhattisgarh Civil Court Rules, 1961 as if the proceedings were the proceedings in suit.

 

B: Scheme for Appointment of Arbitrator by the Chief Justice

 

Rule - 304.

 

In exercise of the powers conferred by sub-section (10) of Section 1 1 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), the Chief Justice of the High Court of Chhattisgarh hereby makes the following Scheme.

(1)     Short title & commencement. - This scheme may be called "the Scheme for Appointment of Arbitrators by the Chief Justice of Chhattisgarh High Court, 2002. This scheme shall come into force with effect from the date of its publication in the official gazette.

(2)     Submission of request. - The request under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 of the Act shall be made in writing, signed and verified and accompanied by : -

(a)      Original arbitration agreement or a duly certified copy thereof;

 

(b)      the names and addresses of the parties to the arbitration agreement;

 

(c)      the names and addresses of the arbitrators, if any, already appointed;

 

(d)      the name and address of the person or institution, if any, to whom or which any function has been entrusted by the parties to the arbitration agreement under the appointment procedure agreed upon by them;

 

(e)      the qualification required, if any, of the arbitrators by the agreement of the parties;

 

(f)       a brief written statement describing the general nature of the dispute and the points at issue;

 

(g)      the relief or remedy sought; and

 

(h)     an affidavit, supported by the relevant documents to the effect that the condition to be satisfied under sub-section (4) or sub-section (5) or subsection (6) of Section 11 of the Act, as the case may be, before making the request has been satisfied and how it has been so satisfied.

(3)     Authority to deal with the request. –

 

(i)       For the purpose of dealing with the request made under paragraph 2 the Chief Justice hereby designates the District Judge/Additional District Judges, where the value of the subject matter does not exceed 25 lakhs rupees.

 

(ii)      The request involving the sub-matter exceeding 25 lakhs rupees shall be dealt with by the Chief Justice himself or he may designate any Judge of the High Court for this purpose by a general or special order.

 

 

(iii)     The requests falling under sub-para (i) shall be placed before the District Judge for appropriate allotment and the requests falling under sub-para (ii) shall be placed before the Chief Justice or his designate.

(4)     Requests and communications to be sent to Additional Registrar (Judl.). 

 

(i)       All requests under this Scheme and communications relating thereto, which are addressed to the Chief Justice, shall be presented to the Registrar (Judicial) of the High Court, who shall maintain a separate Register of such requests and communications.

(ii)      The Additional Registrar (Judicial) shall examine the memo of request and submit his report to the Chief Justice or to his designate, as the case may be, as to whether the request has been made in accordance with paragraph (2) and payment of Court fee in accordance with paragraph 10.

(5)     Seeking further information. - The Chief Justice or his designate may seek such further information or clarification or documents from the party making the request under this Scheme as he may deem fit and the party making the request shall file as many copies of the written information or clarifications or copies of documents as may be required.

 

(6)     Rejection of. - Where the request made by any party is not in accordance with the provisions of this Scheme, the Chief Justice or his designate may reject the same.

 

(7)     Notice to affected person. - Where the request is not rejected under paragraph 6, the Chief Justice or his designate shall direct that a notice of the application be given to all the parties to the arbitration agreement and to such other person or persons likely to be affected by such request to show cause within the time specified in the notice as to why the appointment of the arbitrator(s) or the measures proposed to be taken should not be made or taken and such notice shall be accompanied by copies of all documents referred to in paragraph 2 or, the information or clarification or copies of documents, if any, sought under paragraph 5, as the case may be.

 

(8)     Intimation of action taken on request. - The appointment made or measures taken by the Chief Justice or his designate shall be communicated in writing to : -

(a)      the parties to the arbitration agreement;

 

(b)      the arbitrator, if any, already appointed by the parties to the arbitration agreement;

 

(c)      the person or the institution referred to in paragraph 2(d); and

 

(d)      the arbitrator appointed in pursuance of the request.

(9)     Delivery & Receipt of Written Communication. - The provisions of subsections (1) and (2) of Section 3 of the Act shall, so far as may be, apply to all written communications received or sent under this Scheme.

 

(10)   Costs for processing requests. - A request under paragraph 3(i) shall be accompanied by court fee stamps or Rs. 1,000/- and under paragraph 3(ii) by Rs. 2,000/-.

 

(11)   Interpretations. - If any question arises with reference to the interpretation of any of the provisions of this Scheme, the question shall be referred to the Chief Justice, whose decision shall be final.

 

(12)   Power to amend the Scheme. - The Chief Justice may from time to time amend by way of addition or variation, any provision of this Scheme.

CHAPTER XX RULES UNDER SPECIAL ACTS

(A): Rules for the Disposal of Election Petitions filed under the Representation of the People Act, 1951

Rule - 305.

 

In these rules, unless the context otherwise requires : -

(a)      "the Act" means the Representation of the People Act, 1951;

 

(b)      "the Code" means the Code of Civil Procedure, 1908;

 

(c)      "the Court" means the High Court of Chhattisgarh at Bilaspur;

 

(d)      "the Judge" means the Judge or Judges of the Court who front time to time, have been assigned by the Chief Justice under sub-section (2) of Section 80-A of the Representation of the People Act, 1951, for exercising the jurisdiction of the High Court under sub-section (1) of Section 80-A of the Act;

 

(e)      "the Commission" means the Election Commission of India.

Rule - 306.

 

As soon as an election petition is filed, but not later than a week, an intimation thereof shall be sent to the Commission in the form specified in the schedule appended to these rules.

 

Rule - 307.

 

Every Election Petition shall be : -

(a)      typewritten or printed fairly and legibly on foolscap size paper of reasonable quality, one side of the paper only being used, leaving a quarter margin on the left and at least 1 */2 inches open space on the top and bottom of each sheet.

 

(b)      written in English, numbering separately the paragraphs thereof;

 

(c)      couched in proper language, and in conformity with Sections 81, 82 and 83 of the Representation of the People Act, 1951.

 

Rule - 308.

 

The Registered address required to be filed under rules 19 and 20 of Order VII and rule II of Order VIII of the Civil Procedure Code shall contain the following particulars: -

(a)      the name of the street, lane or municipal ward and the number of the house, if any;

 

(b)      the name of the town or village;

 

(c)      the post office; and

 

(d)      the tehsil and the district.

Rule - 309.

 

Every Election Petition shall contain sufficient and clear particulars to show that it has been filed within the period of limitation prescribed by Section 81 of the Representation of the People Act, 1951.

 

Rule - 310.

 

Every Election Petition shall be accompanied by a receipt signed by the Cashier of the Court for an amount of Rs. 2,000/- (Rs. Two Thousand Only) has been deposited as security for the costs of the petition in accordance with the rules of the High Court.

 

Rule - 311.

 

(1)     Every Election Petition complete in all respects, shall be presented before the Registrar (Judicial), in the High Court at Bilaspur.

 

(2)     The name of the person presenting an Election Petition, with a description of the capacity in which he is presenting it, the date and hour of presentation and any other particulars considered necessary shall be endorsed in the margin of first page of the petition by the Registrar (Judicial) under his own signature.

 

(3)     The Registrar (Judicial) shall have the petition examined in order to find out that all the requirements of the Representation of the People Act, 1951, and these rules have been complied with.

 

(4)     When after scrutiny, the Registrar (Judicial) reaches to the conclusion that the petition is complete in all respects in accordance with the Act/Rules, lie shall certify the same.

 

Rule - 312.

 

As soon as may be after an Election Petition is presented and scrutinized as above, the Registrar (Judicial) shall place the same before the Chief Justice for orders under sub-section (2) of Section 80-A of the Representation of the People Act, 1951.

 

Rule - 313.

 

Every Election Petition shall be registered as "Election Petition" and given a separate serial number of the year and shall be entered with complete details in a separate register maintained for the purpose.

 

Rule - 314.

 

The Rules of the High Court shall apply, in so far as they are not inconsistent with the Representation of the People Act, 1951 or the rules, if any, made thereunder or the Civil Procedure Code or these rules, in respect of all matters including processes and process fee issuance of orders, copies and copying fees, deposit and withdrawal of money, forms, affidavits, etc.

 

Rule - 315.

 

Where more Election Petitions than one are presented in respect of the same election, the Judge may, in his discretion, try them separately or in one or more groups.

 

Rule - 316.

 

(1)     As soon as may be, after an Election Petition has been presented and registered, it shall be placed before the Judge for such orders as may be required to be passed under Section 86 of the Act.

 

(2)     If the petition is not dismissed under Section 86 (1) of the Act, a summons, on the direction of the Judge, shall be issued to the respondents to appear before the Judge on a day not earlier than three weeks from the date of the issue of the summons, unless otherwise ordered by the Judge.

 

(3)     The summons shall be for filing written statement and settlement of issues and shall be served on the respondents through the District Judge of the district to which the respondent belongs or in the district in which he ordinarily resides, in the manner provided for the service of summons in the Code of Civil Procedure and the concerned District Judge will make his best endeavour to get the summons duly served and make a return of the service of summons before the date fixed.

 

Rule - 317.

 

In addition to the service of summons to be effected as aforesaid, summons shall also be sent to the respondents at the address given by the petitioner by registered post acknowledgement due and/or in such other means as is directed by the Judge. The petitioner shall file extra copies of the petition along with copies of annexures, if any, duly attested as required by the Act and these Rules to be served along with the summons by registered post.-

 

Rule - 318.

 

Those of the respondents who file written statements or recriminatory statements as provided under Section 97 (2) of the Act, shall also furnish copies of such written statements and recriminatory statement and copies of annexures, if any, duly attested by such respondents under their own signature, for the use of the petitioner and the other respondents, as the case may be, and where a recriminatory statement under Section 97 (2) alleges any corrupt practice, such a statement shall be accompanied by an affidavit in support of the allegation of such corrupt practice and the particulars thereof as required under the Act/Rules.

 

Rule - 319.

 

After the pleadings in the election petition are received, a date shall be fixed, at the direction of the Judge, for (1) discovery of documents, (2) inspection of the documents disclosed, and (3) the production of documents which are in the possession and power of the parties and issues will then be settled.

 

Rule - 320.

 

(1)     Within seven days of the settlement of issues, parties shall file a list of witnesses and pay the process fees along with the travelling allowance, the diet allowance and local conveyance allowance as may be required.

(2)     If no such list is filed or the required payment is not made within the period mentioned in sub-rule (1), the petition shall be placed before the Judge for necessary orders.

 

Rule - 321.

 

Witnesses may also be produced by the parties on the date of hearing without a summons provided the parties have filed a list of the same as required under these Rules.

 

Rule - 322.

 

(1)     A party applying for a summon(s) to a witness(es) shall be required to deposit with the cashier of the Court at the time of applying for summons a sum sufficient to cover the travelling allowance, the diet allowance and the local conveyance allowance of the witness(es) according to the scale given below :

 

Provided that in cases not fully or clearly covered by this Scale or in cases where the Judge thinks special considerations should prevail, the Judge shall award such amounts as he deems proper:

 

Provided further that the local conveyance allowance shall be payable only if the party calling the witness does not provide conveyance to him.

Scale

 

Note 1. - Travelling allowance will be payable for the journey performed by the shortest route.

Note 2. - If in addition to travelling by rail a witness is required to travel by bus also, the actual bus fare paid for such part of the journey shall also be admissible for travelling allowance.

Note 3. - Diet allowance shall be payable, irrespective of the distance travelled, for the actual time required for journey each way and also for the time taken in giving evidence and for the time of detention necessary for the purpose of giving evidence. A part of the day shall be counted as equal to a day.

Note 4. - (a) The Registrar (Judicial) of the Court shall decide as to which class a witness belongs or which of the alternative modes of travelling should be allowed in a particular case. A witness dissatisfied by his decision may request that a reference be made to the Judge. The Judge thereupon shall give such directions as he thinks just and proper in the case.

(b) Payment shall be made to the witness out of the amounts deposited with the Cashier after the witness has given evidence or he is discharged by the Judge and a certificate to either effect has been given by the "Bench Clerk".

Rule - 323.

 

(1)     The evidence of each witness shall be taken down and recorded in English or Hindi , as per the convenience of the Court. It shall be in narrative form and not in question-answer form except when so requested specifically by any party with respect to any particular question or answer for a specific requirement.

(2)     The statement shall be typed and signed by the witnesses and the Judge.

Rule - 324.

 

No commission for the examination of any witness will be issued unless the Judge considers it absolutely necessary and the party at whose instance such commission is to be issued has deposited with the Cashier of the Court within such time as may be fixed, such sum as the Court may consider reasonable for the purpose.

 

Rule - 325.

 

(1)     No document in any language other than English shall be admitted in evidence unless it is accompanied by an English translation which shall either be the official translation or translation, the accuracy of which is certified by an Advocate of the Court, costs of the translations shall be at the discretion of the Court.

(2)     Exhibit marks on documents and material objects shall be written by the Bench Clerk and signed by the Judges or under his orders by the Bench Clerk.

 

Rule - 326.

 

In case of filing of an application for withdrawal of an election petition the cost for publication in the official Gazette of the notice as required under sub-section (2) of Section 109 shall be realized from the petitioner, who shall deposit the necessary amount as soon as the withdrawal petition is filed.

 

Rule - 327.

 

(1)     Where an election petition abates under sub-section (1) of Section 112 of the Act, the notice of such abatement shall be published in the official gazette.

 

(2)     No cost shall be realized for publication of the notice required under clause (b) of sub-section (3) of Section 110, sub-section (2) of Section 112 and Section 1 16 of the Act.

 

(3)     Unless otherwise directed by the Judge the official gazette, in which the notice as required under sub-section (2) of Section 109, clause (b) of sub-section (3) of Section 110, sub-section (2) of Section 112 and Section 116 of the Act shall be published in the State Gazette in case of election petitions relating to State Legislatures and Gazette of India in case of election petitions relating to the Parliament.

 

(4)     The office shall send such notice for publication in the official Gazette within one week of the time when such publication becomes necessary.

 

Rule - 328.

 

As soon as election petition is dismissed by the High Court under sub-section (1) of Section 86 of the Act, or the same has been finally disposed of on merits as provided under Sections 98 and 99, or the High Court passes an order under sub-section (1) of Section 116-B of the Act, the office shall intimate the order of the decision of the High Court to (i) the Commission and (ii) the Speaker or the Chairman as the case may be, of the Houses of Parliament or of the State Legislature concerned; and thereafter, as soon as possible, it shall also forward to the Commission an authenticated copy of the judgment and the formal order of the Court. The office shall also report the Commission when an election petition is allowed to be withdrawn under Section 111 of the Act after orders arc passed in that behalf by the High Court. Where an election petition abates and no attempt has been made for substituting another person for continuing the said petition as provided under Section 116 of the Act and the Court passes a final order treating the petition as abated, the office shall also report to the Commission.

 

Rule - 329.

 

The Chhattisgarh High Court Rules, except in so far as they are inconsistent with the above rules, shall apply mutatis mutandis to all election petitions. Where no specific provision is made in the Act, the Code or the High Court Rules, the Judge may pass such orders as he may consider necessary.

 

B: Rules under the Bankers' Books Evidence Act, 1891 (XVIII of 1891)

 

Rule - 330.

 

A Bank ordered under the Banker's Books Evidence Act, (XVIII of 1891) to supply certified copies of entries from its books shall be entitled to charge on the following scale ;

 

A Bank folio for this purpose is a page of the Bank's books of not less than 40 and not more than 50 lines.

 

Rule - 331.

 

An application for an order under the said Act shall be made ex-parte upon petition and the Court or a Judge may direct that notice of the application shall be served on the Bank or Banks named in the application. The petition shall set out particulars of the entries of which it is desired to obtain copies (or, if this is impossible, the year or years in which such entries will appear) and the materiality of such entries.

 

Rule - 332.

 

All applications shall be made in sufficient time to allow three clear day's notice required to be given by Section 6 (2) of the Bankers' Books Evidence Act. and all application made in insufficient time shall state the reason thereof.

 

Rule - 333.

 

The party who has obtained such order shall serve it upon the Bank or Banks affected and at the same time pay to the Bank or Banks the searching fee of which the amount shall be stated in the order.

 

Rule - 334.

 

Upon service of the order the Bank or Banks shall forthwith cause search to be made and shall thereafter forthwith inform the party who has obtained the order the amount to be paid to such Bank or Banks for copies of the entries to be made in terms of the order.

 

Rule - 335.

 

Thereupon the party concerned shall pay to the Bank or Banks the amount so stated and the fee for the certificate and the Bank or Banks shall upon receipt thereof forthwith prepare and deliver to the party the copies of the relevant entries together with the certificate under Section 6 of the Act.

 

Rule - 336.

 

Nothing in the above rules shall be construed as derogating from the power of the Court or the Judge to make such orders as to costs in particular cases as may seem appropriate to it or him under Section 7 of the Act.

 

C: Rules under the Chartered Accountants Act, 1949 (Act XXXVIII of 1949)

 

Rule - 337.

 

All cases received by the High Court under Section 21 of the Chartered Accountants Act, 1949 (hereinafter referred to as the Act) shall be registered as "Miscellaneous Civil Cases (Chartered Accountants)".

 

Rule - 338.

 

The Council of Institute of Chartered Accountants of India (hereinafter referred to as the Council) shall forward to the High Court a set of material papers relating to the enquiry which will be regarded as the original set. It shall include the following : -

(a)      The finding of the Council ;

 

(b)      The Report of the Disciplinary Committee;

 

(c)      Complaint or information ;

 

(d)      Written statement in defence ;

 

(e)      Deposition of witnesses, affidavits, exhibits and other oral and documentary evidence.

 

(f)       Notes of the hearing before the Disciplinary Committee.

 

(g)      Such other papers as were before the Disciplinary Committee and the Council as the Council may consider relevant or the High Court may require for the disposal of the case.

The Council shall also furnish the High Court with five additional identical copies of the papers aforesaid for insertion in the paper books.

 

Rule - 339.

 

A translation in English of the documents which are not in that language and are included in the material papers, shall be furnished by the Council under its own authority. If the High Court considers that an official translation shall be made in the HigH Court, the expenditure incurred in that behalf being recovered from the Council.

 

Rule - 340.

 

The Council shall forward along with the material papers a memorandum containing the full and correct postal addresses of all persons or authorities on whom notices are required to be served under Section 21 (2) of the Act.

 

Rule - 341.

 

On the case being registered, the Registrar (Judicial) shall fix a date for the hearing of the case and shall cause notice to be served, under Section 21 (2) of the Act in the Form prescribed in the Annexure thereto. The date of hearing shall be so fixed that there w ill be an interval of not less than 15 days between the date of service of notice and the date of hearing.

 

Rule - 342.

 

The notice shall be sent by registered post, acknowledgement due, at the expense of the Government to all persons to whom notices are required to be sent under the provisions of Section 21 (2) of the Act on the addresses supplied by the Council.

 

Rule - 343.

 

The case shall be placed for hearing before a Division Bench, hearing Miscellaneous Appeals, if no such Bench be available, the case shall be placed before a Bench hearing First Appeals.

 

Rule - 344.

 

No advocate shall act for any person in these proceedings, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a power of attorney to make such appointment.

 

Rule - 345.

 

In all five copies of paper books shall be prepared in each case, one of which shall be delivered to the member reported against or his counsel one to each of the advocates representing the Council and the State or Union of India as the case may be, and the remaining two copies shall remain with the record for the use of the Hon'ble Judges.

 

Rule - 346.

 

The paper book shall consist of the papers mentioned in Rule 338, but if the counsel fails to submit the required number of copies, they shall be prepared by the Registry at the costs of the Counsel.

 

Rule - 347.

 

Except as otherwise provided in these rules, the provisions of the Code of Civil Procedure, 1908, so far as may be, shall ordinarily apply.

 

Rule - 348.

 

The Registrar (Judicial) or Deputy Registrar shall send certified copies of any order that may be passed by the High Court in the case to the Secretary to the Council and to the Secretary to the Government of India (Ministry of Finance).

 

Annexure

 

Form Of Notice

 

In the High Court of Chhattisgarh at Bilaspur Miscellaneous

 

Civil Case (Ch. Ace.) No................of.........

 

In the matter of the Chartered Accountants Act, Central Act (XXXVIII of 1949) and in the matter of Members of the Institute of Chartered Accountants of India.

The Council of the Institute of Chartered Accountants of India...................

..................................Referring Authority.
........................................Respondents.

 

To ..................................

(1)     ...................................Member of the Institute, the Respondent (above named).

(2)     Secretary to the Council of the Institute of Chartered Accountants of India.

(3)     Secretary to the Government of India (Ministry of Finance), New Delhi.

Whereas the Council of the Institute of Chartered Accountants of India has forwarded in this Court its findings, dated the.............year........and the report of the Disciplinary Committee, dated the...............year.......in the above case.

Therefore, take notice that the.............day of...........year.........has been fixed for hearing and the case will be laid before the Court on that day or as soon thereafter as may be practicable. If no appearance is made on your behalf either in person or through counsel or some one legally authorized to act for you. It will be heard and decided in your absence.

 

Given under my hand and the seal of the High Court of Chhattisgarh at Bilaspur, this............day of............year..........

 

D : Rules under Section 4 of the Powers of Attorney Act, 1882 (Act VII of 1882)

 

Rule - 349.

 

The Registrar (Judicial) or the Officer authorized for the purpose shall have the custody of all instruments deposited in the Court under Section 4, clause (a), of the Powers of Attorney Act, VII of 1882.

 

Rule - 350.

 

A register of all such documents shall be kept under the following headings : -

(i)       Description of documents ;

 

(ii)      Date ;

 

(iii)     By whom deposited ;

 

(iv)    When deposited.

Rule - 351.

 

The following fees shall be paid by means of Court fee stamps under Section 4 clauses (a), (b) and (c):

 

E : Rules under Section 73 of the Copyright Act, 1957 (Act XIV of 1957)

 

Rule - 352.

 

In these rules unless there is anything repugnant in the subject or context, -

(1)     'Act' means the Copyright Act, 1957;

 

(2)     'Registrar of Copyrights' includes the 'Deputy Registrar of Copyrights' to whom any particular function of the Registrar of Copyrights may be assigned in pursuance of Section 10(2) of the Act:

 

(3)     'Board' means the 'Copyright Board' constituted under Section 11 (i) of the Act.

 

(4)     'Court' means the High Court of Chhattisgarh at Bilaspur.

 

(5)     'Registrar' and 'Deputy Registrar' mean, respectively, Registrar (Judicial) and the Deputy Registrar of the High Court of Chhattisgarh.

 

(6)     'Section' means a Section of the Act.

Rule - 353.

 

All appeals under Section 72 (2) shall be registered and styled as 'Miscellaneous Appeals'.

 

Rule - 354.

 

Every appeal under Section 72 (2) shall be made in the form of a memorandum signed by the appellant or his Advocate and shall be accompanied by a certified copy of the decision or order appealed from and shall set forth the grounds of objection concisely and under distinct heads. The memorandum and its annexures shall be filed in duplicate with a complete index of the papers filed.

 

Rule - 355.

 

Every appeal shall, soon after it is registered, be posted for orders before a Division Bench as to issue of notice to the respondents. The Court may cither direct notice to issue and pass such interim order as it may deem necessary or reject the appeal.

 

Rule - 356.

 

(1)     The service of notice to the respondent or respondents shall ordinarily be effected through registered post. An acknowledgement purporting to be signed by the respondent or the agent or an endorsement by a postal employee that the respondent or the agent refused to take delivery may be deemed by the Court to be prima facie proof of service. The appellant shall file as many typed copies of the memorandum of the appeal as there may be parties to be served and also the requisite number of postal envelopes bearing adequate postal stamps to enable service to be effected on the respondent or respondents post with acknowledgement due.

(2)     The notice of appeal shall be served on all respondents effected and on such other persons as the Court may direct:

 

Provided that on the hearing of any such appeal, any person who desired to be heard in opposition and appears to the Court to be proper person to be heard, shall be heard notwithstanding that he has not been served with the notice of the appeal and shall be liable to costs in the discretion of the Court if so ordered.

(3)     Notice meant for the Board shall be served on the Registrar of Copyright in the manner provided in clause (1) of this rule. The Board shall have a right to appear in the appeal through the Registrar of Copyrights.

 

Rule - 357.

 

If the appellant does not remove the defect, if any, in the memorandum of appeal, or, if he does not file the requisites within a time to be fixed by the Registrar (Judicial) the appeal shall be laid before the Court for such orders as may be deemed fit.

 

Rule - 358.

 

When an appeal under Section 72 (2) has been admitted, the Registrar (Judicial) shall send for the record and on receipt thereof shall take steps for the preparation of paper books, so far as may be, in accordance with the rules of the Court regarding preparation of paper books in appeals from original orders.

 

Rule - 359.

 

Appeals under Section 72 (2) shall be heard by a Bench of not less than two Judges.

 

Rule - 360.

 

When an appeal under Section 72 (2) has been preferred, the Court may, on such terms and conditions as it thinks fit, stay further proceedings in any matter relating to the copyright concerned before the Board till the disposal of the appeal.

 

Rule - 361.

 

Save as provided in the Act and these rules, the provisions of the Code of Civil Procedure and the rules of the Court shall apply mu to/is nut land is to such appeals.

 

F : Rules under the Contempt of Courts Act, 1971 (Act No. 70 of 1971) The High Court of Chhattisgarh (Contempt of Court Proceedings) Rules, 2005

 

Rule - 362.

 

(1)     These rules shall be called 'The High Court of Chhattisgarh' (Contempt of Court Proceedings) Rules, 2005.

(2)     They shall come into force on the date to be notified by the Chief Justice.

 

Rule - 363.

 

In these rules unless there is anything repugnant to the subject or context : -

(1)     'Act' means the Contempt of Court Act. 1971 (Act 70 of 1971);

 

(2)     'High Court' means the High Court of Chhattisgarh at Bilaspur;

 

(3)     'Code' means the Code of Criminal Procedure, 1973 (Act 2 of 1974);

 

(4)     'Subordinate Court' means any court subordinate to the High Court of Chhattisgarh;

 

(5)     'Registrar' means the Registrar (Judicial) of the High Court and shall include Additional/Deputy/Assistant Registrars;

 

(6)     All other words and expressions used in these rules but not defined therein shall have the meanings respectively assigned to them in the Act, 'Civil Contempt' and 'Criminal Contempt' shall have the same meaning as in the definitions in the Contempt of Court Act, 1971.

Rule - 364.

 

(1)     Every petition for initiating proceedings under the Act shall be registered either as Contempt Petition (Criminal) or as Contempt Petition (Civil). Contempt Petition (Criminal) shall be heard and decided by a Division Bench and Contempt Petition (Civil) shall ordinarily be heard and decided by appropriate Single Bench.

 

(2)     Notice of every Contempt Petition (Criminal) shall be issued to the Advocate General.

 

(3)     In a proceeding initiated by petition, the initiator shall be described as petitioner and the cause title shall be as follows : -

 

In Re...................(name, description etc. of contemner).

 

Rule - 365.

 

(1)     Every petition, motion or, reference made under rule 3 shall contain in precise language the statement setting forth the facts constituting the contempt of which the person charged is alleged to the guilty and shall specify, the date or dates on which the contempt is alleged to have been committed.

 

(2)     When the petitioner relies upon any document or documents in his possession he shall file them along with the petition.

 

(3)     Every petition for taking action under the Act, shall be supported by an affidavit and shall comply with the provisions of rules relating to filing procedure, documents, and affidavits provided in these Rules.

 

Rule - 366.

 

(1)     Reference under section 15 (2) of the Act may be made by subordinate Courts either suo motu or on an application received by it.

 

(2)     Before making a reference the subordinate Court shall conduct a preliminary enquiry by issuing a show cause notice accompanied by copies of relevant documents, if any, to the contemner and after receiving the reply, if any, of the show-cause notice the Subordinate Court shall write a concise reasoned order of reference indicating why contempt appears to have been committed.

 

Rule - 367.

 

Every motion made by the Advocate General under sub-section (2) of Section 15 of the Act shall state the allegations of facts made by the motion-maker, and consent of the Advocate General with brief reasons for grant of the consent.

 

Rule - 368.

 

In case of Civil Contempt, the Court concerned shall make a reference to the High Court by following as far as possible the same procedure laid down for reference in case of Criminal Contempt.

 

Rule - 369.

 

(1)     Every notice issued by the High Court to the contemner shall be accompanied by a copy of motion, petition or reference, as the case may be, together with the copies of affidavits, if any. or other documents forming the basis of the action in Form No. 1 appended to these Rules.

 

(2)     Such notices issued by the High Court shall be signed by the Registrar (Judicial) or the Additional/Deputy Registrars and shall be sealed with the seal of the High Court.

 

(3)     Notice of every proceeding under this Act shall be served personally on the person charged, unless the Court, for reasons to be recorded, directs otherwise. In that case the service may be effected by alternative form of service authorized by the Code of Civil Procedure and the Chhattisgarh High Court Rules.

 

Rule - 370.

 

The Court may if satisfied that the person charged is absconding or is likely to abscond or is keeping out is likely to keep out of way to avoid service of the notice order issue of warrant of his arrest which in the case of criminal contempt, may be in lieu of or in addition to the attachment of his property under sub-sections (3) and (4) of section 17 of the Act. Such warrants in Form No. 2 appended to these rules may be endorsed in the manner laid down in section 71 of the Code.

 

Rule - 371.

 

Whenever the High Court issues a notice, it may dispense with personal attendance of the-person charged with the contempt and permit him to appear through an advocate and in its discretion at any stage of the proceeding direct the personal attendance of such person and if necessary enforce such attendance in the manner herein above provided.

 

Rule - 372.

 

(1)     When any person charged with contempt appears, or is brought before the High Court and is prepared, while in custody or at any stage of the proceeding, to give bail, such person shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executed with or without sureties with condition that the person charged shall attend at the lime and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court:

Provided further that the Court may, if it thinks fit, instead of taking bail from such person release him on his executing a bond without sureties for his attendance as aforesaid, or without executing any such bond. The bond shall be as per Form II appended to these Rules. •

 

(2)     The provisions of Sections 436 to 448 and 450 of the Code shall, so far as may be, apply to all the bonds executed under the Rules.

 

Enquiry

 

Rule - 373.

 

(1)     Any person charged with contempt, other than a contempt referred to in section 14. may file an affidavit in support of his defence on the date fixed for his appearance or on such other date as may be fixed by the Court in that behalf.

 

(2)     If such person pleads guilty to the charge, his plea shall be recorded and the Court may, in its discretion, convict him thereon and commit him to prison under warrant as per Form No. Ill appended to these Rules.

 

(3)     If such person refuses to plead or does not plead, or claims to be tried or the Court does not convict him on his plea of guilt, it may determine the matter of the charge either on the affidavits filed or after taking such further evidence as it deems fit.

 

Rule - 374.

 

A Paper-book consisting of documents specified in Rules 5 to 7 shall be filed by the petitioner or forwarded by the Court making reference in quadruplicate as the case may be.

 

Rule - 375.

 

In case w here proceedings are initiated by the High Court, suo motu or on the motion of the Advocate-General, the Registry shall prepare the paper-book in quadruplicate.

 

Rule - 376.

 

The Rules contained in Chhattisgarh High Court Rules pertaining to grant of copies, process fees and translation of documents and such other matters in respect of which, no provision is made in the Rules shall mutatis mutandis apply to the proceedings in the High Court and similarly when proceedings are pending in subordinate Courts, the Rules made by the High Court for the conduct of business of such subordinate Courts shall apply to those proceedings.

 

Rule - 377.

 

The Court may direct the Advocate General or any other State Counsel to appear and assist the Court.

 

Rule - 378.

 

The orders passed in the proceedings under the Act shall be carried out, enforced and executed as if they were orders passed by the High Court under the Code.

 

Rule - 379.

 

The Court may impose such fine as it deems fit in the circumstances of the case. The fine so awarded shall be recovered in the same manner as under the Code.

 

Rule - 380. Repeal and savings.

 

On coming into force of these Rules, all existing rules or the like governing any matter dealt with or covered by these rules shall stand repealed :

 

Provided that this repeal shall not affect or invalidate anything done, any action or decision taken, any disposal made, any order or proceeding made or issued under the existing rules before the amendment of these Rules.

 

Form No. 1

 

Notice to Accused

 

In the High Court of Chhattisgarh, Bilaspur

 

Misc. Criminal/Civil Case No.

 

To

 

In Re...............................................................

 

(Here mention the name and address of rite accused)

 

Whereas information is laid/a petition filed or Reference/motion is made by ................ that you (here mention the gist of the accusation made in the information, petition or reference/motion):

 

And whereas a case has been registered against you for action being taken against you under the Contempt of Courts Act, 1971.

 

You arc hereby required to appear in person (or by an Advocate duly instructed)* on ............day of........................and show cause why such action as is deemed fit should not be taken against you.

 

Given under my hand and the seal of this Court, this.............day of.......

 

Form No. 2

 

Warrant for production of accused

 

In the High Court of Chhattisgarh, Bilaspur

 

Misc. Criminal/Civil Case No.

 

In Re...............................................................

 

To,

The Superintendent of Police .....................District

Whereas ................... the accused aforesaid has failed to appear before this Court to answer a charge of an offence under the Contempt of Courts Act, 1971 or satisfactorily account for his absence on ...................... which had been filed for hearing of the case :

 

This is to require you to arrest the accused .......................... aforesaid and produce him before this Court and return this warrant duly executed on or before the ...................day of....................

 

If the accused aforesaid binds himself in a sum of Rs.............................to this Court with one surety for a like sum before any Magistrate to appear on the said date of hearing and all future dates to which the case may be posted, with one surety for a like sum before any Magistrate, he may be released.

(The portion relating to bail shall be struck out if the Court has ordered a non-bailable warrant), Herein fail not.

 

Given under my hand and the seal of this Court this day of.............................

 

Form No. 3

 

Warrant of commitment to prison

 

In the High Court of Chhattisgarh, Bilaspur

 

Misc. Criminal/Civil Case No.............

 

In Re............................................................

 

To,

 

The Superintendent of Jail ..................................

 

Whereas on the................day of............(Name of prisoner in full) accused in the above case was convicted by this Court of an offence under the Contempt of Courts Act, 1971 and adjudged by the Court guilty of will full contempt of this Court/the Court of .............. and was sentenced to suffer imprisonment for the period of .........../ and to pay a fine of............(State the punishment fully and distinctly).

This is to authorize and require you the Superintendent to receive the said (prisoner's name) into your custody in the said jail together with the warrant and then carry the aforesaid sentence into execution according to law.

 

Given under my hand and the seal of the Court this day of...................

 

G : Rules for Regulating Testamentary and Intestate Proceedings Rules of Procedure

Rule - 381.

 

(1)     Definitions. - In these rules, unless the context otherwise requires : -

(i)       'the Act' means the Indian Succession Act, 1925, as from time to time amended or modified.

 

(ii)      'Registrar' means the Registrar of the High Court, or such officer of such Court as may be authorized by the Chief Justice to perform such duties as are by these rules assigned to the Registrar;

 

(iii)     'Will' includes a codicil.

(2)     Non-contentious business. - Non-contentious business shall included the business of obtaining probate and administration (with or without the Will annexed, and whether general, special or limited) where there is no contention as to the right thereto, including the passing of probates and administrations through the Court in contentious cases when the contest is terminated, and all ex-parte business to be taken in the Court in matters of testacy and intestacy not being proceedings in any suit and also the business of lodging caveats against the grant of probate of administration. It shall also include the business of obtaining succession certificate and extension of such a certificate.

 

(3)     Application-How to be written and presented. - An application for probate or letters of administration, or succession certificate shall be accompanied with an affidavit and shall comply with the provisions regarding filing procedure, registration and listing of cases and shall be registered as Miscellaneous Civil Cases.

 

(4)     Application for Probate. - Application for probate shall be made with the Will annexed. If the Will is not in English it shall be translated into English by the official translators of the Court at the cost of the applicant for which he shall make a separate stamped application. The application for probate shall be in the prescribed format in the schedule or as near thereto as the circumstances of the case may permit, and shall be accompanied by -

(i)       an affidavit of one of the attesting witnesses, if procurable (in the prescribed format),

 

(ii)      an affidavit of valuation in the form set forth in Schedule 3 of the Court-fees Act, 1870, and

 

(iii)     a Schedule of property of the deceased (in the prescribed format).

 

(5)     Application for letters of administration. - Application for letters of administration shall be made in Form No. 4 or as near thereto as the circumstances of the case may permit and shall be accompanied by annexures (b) and (c) mentioned in the last preceding rule.

 

(6)     Application for letters of administration with the Will annexed. - Application for letters of administration with the will annexed shall be made in the prescribed Format or as near thereto as the circumstances of the case may permit. It shall be set out the names and addresses of the legal representative of the deceased (unless the Court sees fit to dispense with the statement thereof), and shall be accompanied by the annexure referred to in rule 5.

 

(7)     (i) Application for succession certificate. - Application for succession certificate shall be in the prescribed Format or as near thereto as the circumstances of the case may permit, and shall be accompanied by a Schedule of the property of the deceased. It shall also be accompanied by a petitioner's undertaking as specified in the prescribed Format or as near thereto as the circumstances of the case may permit.

(ii) Where an application for a grant of representation such as probate, letters of administration or succession certificate is applied for within six months of the death of the deceased, the executor of the deceased shall annex to the affidavit of valuation to be filed in Court under Section 191 of the Court Fees Act, 1870, an account of all the property in respect of which estate duty is payable upon the death of the deceased.

(8)     Certificate that no other grant has been made. - Within 14 days of the filing of the application for probate or letters of administration, the Registrar shall certify (if such be the case) that no intimation has been received by the Court from any other High Court or District Court of any grant of probate or letters of administration of the property and credits of the deceased having effect throughout the territory of India. Such certificate shall be made on the order sheet, and shall in the prescribed format.

 

(9)     Certificate as to Court fee. - No order for the issue of a grant of probate or letters of administration or succession certificate shall be made until after the Registrar has been paid or that no court-fee is payable. Such certificate shall be made on the order-sheet and shall be in the prescribed format.

 

(10)   Delay in application. - In any case whether probate or administration or succession certificate is for the first time applied for after the lapse of three years from the death of the deceased, the reason of the delay shall be explained in the petition. Should the explanation be unsatisfactory, the Registrar may require such further proof of the alleged cause of delay as he may deem fit.

 

(11)   Proof of identity. - The Court may, in cases where it deems it necessary, require proof, in addition to the usual statement required to be made in the petition, of the identity of the deceased or of the party applying for the grant.

 

(12)   Inter lineations, alterations etc., in the Will should be sworn to by the attesting witness. - When inter lineations, alterations, erasures or obliterations appear in the Will (unless duly executed as required by the Indian Succession Act or recited in or otherwise identified by the attestation clause), a statement shall be made in the affidavit of the attesting witness whether they existed in the Will before its execution or not.

 

(13)   In absence of attesting witness what other evidence must be produced. - If no affidavit by any of the attesting witnesses is procurable, an affidavit shall be procured, (if possible) from some other person (if any) who may have been present at the execution of the Will, but if no affidavit of any such person can be obtained, evidence on affidavit must be produced of that fact and of the hand writing of deceased and one attesting witness and also of any circumstances which may raise a presumption in favour of due execution.

 

(14)   Attempted cancellation must be accounted for. - Any appearance of an attempted cancellation of testamentary writing by burning, tearing, obliteration or otherwise, and every circumstances leading to a presumption of abandonment or revocation of such writing or part thereof, shall be accounted for.

 

(15)   Unsigned or unattested Will. - In cases in which it is not necessary that a Will should be signed by the testator or attested by witnesses to constitute a valid testamentary disposition of the testator's properly the testator's intention that it should operate as his testamentary disposition must clearly be proved by an affidavit.

 

(16)   Renunciation. - No person who renounces probate of a Will or letter of administration of the property of a deceased person in one character shall without a leave of the Court, take out representation to the same deceased in another character.

 

(17)   Application for administration by a creditor. - In all applications by a creditor for letters of administration, it shall be stated particularly how the debt or debts arose, the amount due on the date of the application, and whether the application has any and what security therefor.

 

(18)   Production of deed paper, etc. referred to in Will. - If a Will contains a reference to any paper memorandum or other document of such a nature as to raise a question whether it ought not to form a constituent part of the Will, such paper, memorandum or other document should be produced with a view to ascertaining whether it is entitled to probate, and where not produced, its non-production must be accounted for.

 

(19)   Persons consenting to an application for letter of administration must do so on affidavit. - Persons desiring to give their consent to an application for a grant of probate or for letters of administration or for succession certificate must do so on affidavit, stating their relationship to the deceased and that they consent to such a grant.

 

(20)   Citation to rightful parties. - On an application for probate or for letters of administration, unless otherwise ordered by the Judge or Registrar a citation shall issue to all persons having a right to take the grant prior or equal to that of the applicant, unless such persons have signified their consent to the application.

 

(21)   Citation on application by creditor. - Where letters of administration are applied for by a creditor, a special citation shall be issued to the widow, if any and the next of kin, provided they shall be resident within the jurisdiction or have any known agent or agents resident within the jurisdiction, and to the Administrator General of Chhattisgarh, and a general citation shall be issued to all persons claiming to have any interest in the estate of the deceased.

 

(22)   Citation. - All citations shall unless otherwise ordered, direct the persons cited to show cause on such day certain as the Court shall direct, and shall be in the prescribed format and where they cannot be served in the manner provided for service of process, may be served by the insertion as an advertisement in such newspapers as may be directed, of a notice in the prescribed format.

 

(23)   Proof of Publication. - Proof of due publication of a citation by advertisement shall be by affidavit, unless the Court has directed that such citation be published once only in a single newspaper in which case a copy of the issue of the newspaper containing the said advertisement may be filed in lieu of an affidavit.

 

(24)   Proof of power of attorney. - Unless a power of attorney constituting such attorney or the attorney of an executor absent from the State of Chhattisgarh can, under Section 85 of the Indian Evidence Act, 1872, be presumed to have been executed and authenticated as in the said section mentioned; the Court may require further proof of its due execution.

 

(25)   Grant when to have effect in Chhattisgarh. - All grants of probate or Letters of Administration (with or without the Will annexed) other than grants under the administrator-General's Act, shall unless otherwise ordered, be drawn up by the Court to have effect within the Chhattisgarh.

 

(26)   Grants when to have effect throughout India. - In all cases in which it is sought to obtain a grant of probate or letters of administration (with or without the Will annexed) to have effect throughout the territory of India, or under the Administrator-General's Act to have effect throughout one or more of the other Divisions as defined in that Act, such grant must be expressly asked for and it must be shown where the assets are situated.

 

(27)   Two common sureties to the bond required. - In all cases of letters of administration save and except under section 241, Indian Succession Act, 1925, unless the deceased is a Hindu, Mohammadan, Buddhist, Sikh or Jain and in case of succession certificates which in the opinion of the Court fall under sub-sections (3) and (4) of section 373, two common sureties are required to the administration bond in each case shall, unless otherwise ordered by the Court, be given in double the amount of the property for which the grant is to be made. The bond shall be given to and in the name of the Chief Justice, and shall be, as nearly as possible, in the prescribed format.

 

(28)   Justifying surety. - When any person takes out letters of administration in default of the appearance of any person, cited, and when any person takes out letters of administration or succession certificates for the use and benefit of a lunatic, or person of unsound mind (unless he be a committee of the estate of such lunatic, appointed by the Court), or for the use and benefit of a minor (unless he be a guardian of the property of such minor appointed by the Court), surety or sureties to the bond must justify for the whole amount of the estate. And when any person entitled to a portion only of the estate takes out letters of administration, or succession certificate the sureties to the bond must justify for the whole estate less the share of petitioner and such shares as shall contest by writing thereto. The Court hearing testamentary matters may, however in a proper case and for reasons to be recorded in writing, dispense with the Jurisdiction of surety.

 

(29)   When such a bond has been filed the Court shall direct the surety to be tested, either by the Registrar or by the District Judge within whose Jurisdiction the immovable property is situate.

 

(30)   Insurance Companies as Sureties. - An approved Insurance Company may be accepted in place of two common sureties under rule 27, and as justifying surety under rule 28, and in such cases, the bond shall be given only for the amount of the property for which the grant is to be made. The bond given by the Company shall be as nearly as possible, in the prescribed format.

 

(31)   Consequences of neglect to proceed with petition or to furnish security. - If a petitioner for a grant of probate, letters of administration, or succession certificate, for three months from the admission of the petition neglects to proceed with the petition, or for three months of the date of the order for grant neglects to give the required security or otherwise to proceed with the application or to take out the grant, the Registrar shall give notice in writing of his default to the Administrator-General, who may then apply to the Court for an order that the petition be dismissed and that he may be at liberty to apply for a grant of letters of administration.

 

If no further steps are taken in the matter, the petition may be posted before the Court for dismissal, and the Court may thereupon make such order as it thinks fit.

 

(32)   Schedule of property to accompany certificate under Section 274 of the Indian Succession Act or section 24 of the Administrator General's Act. - With every certificate to be sent to a High Court, under the provisions of section 274 of the Act, or section 24 of the Administrator General's Act, 1913, the Registrar shall send a copy of so much of schedule of the property and, credits of the deceased as relates to the estate within the jurisdiction of such Court.

 

(33)   Amendment of grant extend to India. - A grant under the Indian Succession Act, 1925, limited to the State of Chhattisgarh, may be amended on the Court's order so as to extend its effect throughout India. The application shall be by affidavit stating where the additional property and credits are suitable, and on payment of the probate duly payable in respect thereof, and in case of grant of letters of administration with or without the Will annexed, on the petitioner giving a further bond, the grant may be amended accordingly.

 

(34)   Application for extension of Succession Certificate. - The Court may extend a succession certificate to any debt or security not originally specified therein. Application for such extension shall be by a petition with all accompaniments mentioned in rule 8, stating the particulars of the debt or security and on the payment of duty payable in respect thereof and on the petitioner giving a further bond, if required, the certificate may be extended.

 

(35)   Inventory and account. - The inventory and account to be furnished by an executor or administrator under section 317 of the Act shall be in the prescribed formats and shall be verified in the following manner:

'I................the executor (or administrator), named in the above inventory, do hereby declare that the said inventory is in every respect true, perfect and correct to the best of my knowledge, by information received from............. and believed to be true, and that the same contains a full, true and perfect inventory of all the property in the possession of the decease at the date of his death and of all credits owing to him, and of all debts owing by him; or

'I...........the executor (or administrator), named in the above account, do hereby declare that the said account is true, perfect and correct to the best of my knowledge, by information received from and believed to be true and that it gives a full, true and perfect account of all the estate and effects of the deceased which has or have come into my hands, possession power, control, custody or knowledge and of the deposition of the same.'

(36)   Probate of Will of married woman or letter of administration etc. - In grant of probate of the Will of a married woman, or of the Will of widow made during converture, or letters of administration with such Will annexed, it shall not be necessary to recite, in the grant or in the oath to lead same the separate movable property of the testatrix or the power or authority under which the Will has been or purports to have been made. The probates or letter cases shall take the form of ordinary grant of probate or letters of administration with the Will annexed without and exception or limitation, and issue to an executor or other person authorized in usual course of representation to take the same.

 

(37)   In case of doubt or difficulty in any non-contentious matters, the Registrar may obtain the direction of the Court or call upon the petitioner to move the Court for direction, when an application is on file.

Contentious Business

 

(38)   Caveats. - Any person intending to oppose the issuing of a grant of probate, or letters of administration must, either personally or by his advocate, file a caveat in the office of the Additional Registrar or Deputy Registrar in the prescribed format. No caveat shall effect any grant made on the day on which the caveat is filed. Notice of the filing of the caveat shall be given by the Registrar to the petitioner or his advocate in the prescribed format.

 

(39)   Affidavit in support of Caveat. - Where a caveat is entered after an application has been made for a grant of probate or letters of administration with or without the Will annexed the affidavit or affidavits in support shall be filed within fourteen days of the caveat being lodged. Such affidavit shall state the right and interest of the caveat, and the grounds of the objection to the application.

 

(40)   When caveat is entered before application for grant is filed. - Where an application for grant of probate or letters of administration with or without the Will annexed is presented after a caveat has been filed, the Registrar shall forthwith issue notice to the caveator, calling upon him to file his affidavit or affidavits in support of his caveat within fourteen days from the service of such notice.

 

(41)   Consequence of non-compliance. - Where the caveator fails to file any affidavit in support of his caveat in compliance with rule 40 or in compliance with the notice issued under rule 41, the caveat may be discharged by an order to be obtained on application to the Court.

 

(42)   Conversion of application into suit. - Upon the affidavit in support of the caveat being filed (notice whereof shall immediately be given by the caveator to the petitioner), the proceedings shall be numbered at a suit in which the petitioner for probate or letters of administration shall be the plaintiff, and the caveator shall be the defendants, the petition for probate or letters of administration being registered as and deemed a plaint filed against the caveator, and the affidavit filed by the caveator being treated as his written statement in the suit. The procedure in such suit shall as nearly as may be, according to the provisions of the Code of Civil Procedure, 1908.

 

(43)   Proof in solemn form. - The party opposing a will may, with his affidavit give notice to the party setting up the Will that he merely insists upon the Will being proved in solemn force of law, and only intends to cross-examine the witnesses produced in support of the will, and he shall thereupon be at liberty to do so, and shall not, in any event be liable to pay the cost of the other side, unless the Court shall be of opinion that there was no reasonable ground for opposing the Will.

 

(44)   Trial on preliminary issue. - The Court may, on the application of the petitioner before directing that the proceedings be numbered as a suit direct the trial, of an issue as to the caveator's interest, upon the trial of such issue it appears that the caveator has no interest, the Court shall order the caveat to be discharged, and may order to the issue to probate or letters of administration, as the case may be.

 

(45)   Notice of application to whom to be given. - The Registrar shall give notice of grants of certification for probate or letters of administration to the Chief Revenue Controlling Authority, and the Collector of the district within one week after the admission of the application.

 

(46)   Disposal of petitions for non-prosecution. - All Testamentary petitions in which grants or certificates are not issued, owing to non-prosecution of the petitions for two years after the petitions have been filed, shall be treated as disposed of, and no action shall be taken in such petitions, unless a fresh petition is filed or an order obtained from the Testamentary Judge (in Chambers), giving permission to the petitioner to proceed with the petition already filed.

 

(47)   Administrator General's Act. - Nothing in the rules in this Chapter shall apply to application or acts to be done by the Administrator-General, in so far as they conflict with the provisions of the Administrator-General's Act.

 

H. Rules under Sections 14 and 21 of The Hindu Marriage Act, 1955 (Act No. XXV of 1955)

 

Rule - 382.

 

In exercise of the powers conferred by Sections 14 and 21 of the Hindu Marriage Act, 1955 (Act XXV of 1955), the High Court is pleased to make the following rules to regulate proceedings under the said Act.

(1)     Every petition under the Hindu Marriage Act (Act XXV of 1955) hereafter called the "Act" shall be accompanied by a certified copy of extract from the Hindu Marriage Register maintained under Section 8 of the Act or from the Register of Marriage maintained under any other Act where the marriage has been registered under some other Act and where a certified copy of extract can be granted to the petitioner.

(2)     Contents of petitions. - Every petition shall state -

(i)       The name of the Court in which the petition is presented;

 

(ii)      The name of the parties, their ages, description and places of residence ;

 

(iii)     The place and date of marriage;

 

(iv)    The principal addresses at which the parties to the marriage reside or last resided together, with the jurisdiction of the Court;

 

(v)      Whether there is any living issue of the marriage, and if so, the names and dates of birth of such issues;

 

(vi)    Whether there have been in any Court in India previous proceedings with reference to the marriage by or on behalf of either of the parties, and if so, the particulars and the results of such proceedings ;

 

(vii)   Details of the facts specified in Section 20 (1) of the Act so far as they are known to the petitioner. In particular the details shall include -

(a)      If the petitions for restitution of conjugal rights, the date when and the circumstances in which the respondent withdrew from the society of the petitioner:

(b)      If the petition is for judicial separation -

(i)       the date and place of the desertion, cruelty, or sexual intercourse which is made the grounds for relief and in case of sexual intercourse, the name and address of the person or persons with whom the respondent had sexual intercourse ;

(ii)      the period of leprosy, venereal disease or unsoundness of mind . which is made the ground for relief ;

(c)      If the petition is for a decree of nullity on the grounds of contravention of clause (i) of Section 3 of the Act, the name and address of the spouse;

 

(d)      If the petition is for a decree of nullity on the grounds specified in clause (c) of Section 12 of the Act, the date and particulars of the force or fraud, as the case may be, by which the consent was obtained and the date on which the force ceased to operate or the fraud was discovered ;

 

(e)      If the petition is for divorce on the ground of -

(i)       Conversion, unsoundness of mind, leprosy, venereal disease, renunciation of the world or another marriage, the date and place of the act or disease :

 

(ii)      Adultery, rape or sodomy, the date and place of the act or acts and the name and address of the person or persons with whom these acts were committed by the respondent;

 

(iii)     Presumption of death, the last place of co-habitation of the parties, the circumstances in which the parties ceased to cohabit, the date when and the place where the respondent was last seen or heard of and the steps which have been taken to trace the respondent.

(viii)  The property mentioned in Section 27 of the Act, if any relief is claimed in respect thereof;

(ix)    Relief or reliefs.

(3)     Application for leave under Section 14 of the Act. - Where any party to the marriage desires to present a petition for divorce within (one) year of such marriage, he or she shall apply by an application for leave of the Court -

(i)       The application shall be accompanied by the petition intended to be filed.

(ii)      The application shall be supported by an affidavit made by the application and shall state the following particulars :

(a)      the ground on which the application is made ;

 

(b)      particulars of the hardships or depravity alleged ;

 

(c)      whether there has been any previous application for this purpose, if so, its details;

 

(d)      whether there are living any children of the marriage, and if so, their names and dates of birth or ages, and where and with whom they are residing ;

 

(e)      Whether any, and if so, what attempts at reconciliation have been made ;

 

(f)       any other circumstances which may assist the Court to determine the question whether there is reasonable probability of a reconciliation between the parties.

(iii)     Notice of the application along with the copy of the application and of the petition shall be served on the respondent.

 

(iv)    When the Court grants leave, the petition shall be deemed to have been duly filed on the date of the said order.

(4)     Application for alimony and maintenance. - Every application for alimony and maintenance shall be supported by an affidavit made by the applicant and shall state the average monthly income of the petitioner and the respondent, the source of these incomes, particulars of other movable and immovable property owned by them, the number of dependents on the petitioner and the respondent, and the names and ages of such dependents.

 

(5)     Notice. - The Court shall issue notice to the respondent and co-respondent, if any. The notice shall be accompanied by a copy of the petition. The notice shall require unless the Court otherwise directs, the respondent or co-respondents to file his or her statement in court within a period specified by the Court along with a copy for the use of the petitioner.

 

(6)     Service of petition. - Every petition and notice under the Act shall be served on the party affected thereby in the manner provided for service of summons under Order V of the Civil Procedure Code.

 

(7)     Taxation of Costs. - Unless otherwise directed by the Court, the costs of the petition under the Act shall be costs as taxed in a suit.

 

(8)     Transmission of certified copy of the decree. - The Court shall send a certified copy of every decree of nullity or divorce to the Registrar in charge of the Hindu Marriage Register maintained under the Act or to the officer in charge of the Marriage Register maintained under any other Act containing an entry about the marriage annulled or dissolved by the decree.

 

(9)     Appeals. - Appeals to the High Court from the decrees and orders of the District Court shall be governed by the Rules of the High Court as far as may be applicable.

 

I. Rules under Section 50 (1) except clauses (a) & (i) of the Guardian and Wards Act, 1890 (Act No. VIII of 1890) Chhattisgarh Guardians and Wards Rules, 1963

 

Rule - 383.

 

(1)     In these rules, "the Act" means the Guardians and Wards Act, 1890.

 

(2)     An application for the appointment or declaration of a guardian of the person of the minor, or of his property, or of both as required by Section 10 of the Act, shall be in form A prescribed with such variations as the circumstances of each case may require.

 

(3)     Where the father of a minor is living, and is not proposed as guardian, the application shall state any facts relied on as showing that he is unfit to act as guardian of the minor or that he consents to the application.

 

(4)     Notice of the application as required by Section 11 of the Act shall be in Form B prescribed (11-190) and shall be issued and served in the manner prescribed for summons to a defendant.

 

(5)     When a guardian is appointed or declared under the Act, he shall be furnished with a certificate of guardianship in Form C prescribed (11-285) and his attention should be drawn to the provisions of Section 26, 27, 28, 29, 32, 33, 35, 36 39, 44 and 45 of the Act, which contains the following instructions and information : -

(a)      That he shall not remove the ward from the limits of the Court's jurisdiction (section 26 of the Act).

 

(b)      That he should take due care of the properties entrusted to him in the manner stated in Section 27.

 

(c)      That he is not authorized to make transfer or do any of the acts mentioned in Section 28 and 29 without the permission of the Court.

 

(d)      That in the case of a guardian, other than the Collector, his powers are liable to be restricted or extended by order of the Court (Section 32).

 

(e)      That he can, in the case of necessity, submit any question relating to the management of the property of his ward for the opinion or advice of the Court (Section 33).

 

(f)       That in cases mentioned in Section 35 and 36, the remedies provided therein are available against him.

 

(g)      That for reasons stated in Section 39, he is liable to be removed from his office.

 

(h)     That for reasons given in Section 44 and 45, he is liable to the penalties stated therein.

 

(i)       That he is in general bound by the provisions of the Act, the rules framed or to be framed thereunder and the order of the Court passed under the Act. His attention shall also be drawn to any special restrictions on the powers as guardian which may be imposed by the Court at the time of issuing the certificate.

Note. - No ministerial officer employed in the Judicial Department shall be appointed or declared as such officer to be guardian of the person or the property of a minor nor shall any such official be appointed or declared as aforesaid in his private capacity, unless he has been appointed by will or other instrument or is by reason of relationship to the minor or other special circumstances unconnected with his official position suited to act as guardian.

(6)     Every guardian appointed or declared by the Court, except when he is the Collector of the district, shall ordinarily be required to give a bond, with or without a surety or sureties, as the Court may think fit to direct, for a sum not less than the total estimated value of the move able property and three year's profits of the whole estate. Such bonds shall be in Form D prescribed, with such variations as the circumstances of each case may require.

 

(7)     At the time of appointing or declaring a guardian, the Court shall pass orders as to the allowances, if any, to be granted to. and the security to be required from, such guardian.

 

(8)     The statement showing the property of a ward, as required by clause (b) of Section 34 of the Act shall be in form E prescribed.

 

(9)     (i) Applications with respect to the guardianship of the person or property of a minor and applications under Section 31 of the Act for sanction for the sale of the property of a minor, and proceedings taken in connection with the accounts of each year shall be entered in the register of Miscellaneous Judicial Cases.

(ii) For statistical purposes an application for an order of guardianship shall be treated as "disposed of" as soon as a guardian has been appointed and has furnished the requisite security or the application has been rejected or dismissed, as the case may be.

(iii) An application under Section 31 shall be treated as "disposed of' as soon as the permission for sale etc. has been given or refused.

(iv) Proceedings in connection with annual accounts shall be treated as "disposed of' as soon as the Court after an examination of the accounts by itself or by an officer appointed for the purpose has satisfied itself of the correctness thereof or proceedings taken in consequence of such examination have terminated.

(10)   In ordinary cases, a fly-sheet, and in large cases, a book, in Form F prescribed (11-162) shall be maintained for each estate and all miscellaneous judicial cases in connection with the estate from the appointment of the first guardian till the ward concerned attains majority shall be shown in it.

 

(11)   A register of estates of wards in Form G prescribed (11-23) shall also be maintained. As soon as an estate has passed out of the hands of the Court a line in red ink shall be drawn across the entry. When on account of a register having been completely filled another register has to be opened, all pending entries in the old register shall be copied in the new register. The register shall be preserved for 25 years from the date of the last entry therein.

 

(12)   In the case of estates of which the annual income is not over Rs. 500 accounts need not ordinarily be submitted by the guardian, but the Court may at any time call upon the guardian to submit such accounts as it thinks necessary. In other cases the Court shall direct the guardian, except when he is the Collector of the district, to submit an account of the income and expenditure of the ward's estate once a year. Account of agricultural estates should be submitted within there months after the close of the agricultural year of the revenue district in which the estate lies, and accounts of trading, money-lending and other estates by the 1st January.

 

(13)   Before disposing of an application made by a guardian for any of the purposes referred to in section 28 and 29 of the Act the Court shall ordinarily cause due notice of such application to be given to such persons, whether relatives of the ward or otherwise connected with him, as may be held by the Court to be effected by such application.

 

(14)   The ward, if a male, shall in the absence of sufficient reason to the contrary, be produced on each occasion when the accounts are submitted, and if the submission of annual accounts has been dispensed with, whenever the Court directs. The Court shall, as far as possible, examine his physical intellectual and moral condition, and ask him whether he has any remarks to make regarding the management of his estate and his own treatment and comfort.

 

(15)   All statements and accounts produced by the guardian shall be kept with the files of the case concerned and shall be open to inspection, with the permission of the Court by persons legitimately interested in the same. No fees shall be charged for this inspection.

 

(16)   When a guardian has been appointed by the Court, he shall be required, except in the case of estates of which the income is not over Rs. 500 to open an account, in its own name, on behalf of the ward at a Bank or with a firm to be approved by the Court. Any surplus moneys which may remain over after the current expenses of the estate and the ward's maintenance and education have been paid shall be invested by the guardian in Government Promissory Notes or other securities approved by the Court.

 

(17)   In cases in which the ward's estate is under the management of Government, District Judge, Collector, or other Government officer, surplus moneys may be invested in Government Promissory Notes which should be deposited in treasury for safe custody. The income of the estate, required for current expenditure in connection with the management of the estate and the maintenance and education of the ward, shall be deposited in the treasury.

 

Note. - The deposit money in a private bank in the name of the District Judge or other Government Officer as guardian of a ward's estate, is prohibited.

 

(18)   (i) In cases in which the District Judge thinks that a complete audit of the account of any of the estates in his charge is necessary he may entertain special clerks or a Local Auditor. The clerks or Auditor shall be paid from the estate concerned; each estate being required to contribute in proportion to its gross income. Where there is Official Receiver and he is not the guardian he may be appointed to audit accounts, and in the case of big landed estates he may be asked to go to the spot and check the account by personal inquiry. The remuneration of the Official Receiver will be fixed by the State Government on a reference made to it direct by the district Judge as soon as he has disposed of the Receiver's report. Such detailed audit should not ordinarily be necessary where the annual income is not over Rs. 5,000 and in such cases it will ordinarily be sufficient for the Court to make a rough estimate of income and expenditure and to limit its supervision to enforcing the deposit of the annual surplus by the guardian. If necessary, the Court may, where funds of an estate permit, appoint some local pleader to check accounts and report and in case of large estates, a commission may be issued to an executive officer or pleader to make local enquiries and report. Too detailed accounts from the guardian should not be exacted.

(ii) The Court shall certify that it has scrutinized the accounts or has had them audited, as the case may be, and shall record such remarks as may be necessary thereon. The Court shall thereafter, when duly satisfied with the accounts, countersign the same.

(19)   Without prejudice and in addition to foregoing rules, an application of a foreigner to be appointed guardian of the person of an Indian child with leave to remove the child out of India to his own country for the purpose of adopting it in accordance with the law of his country, should not be entertained directly by the Court. Such application should be sponsored by a Special or Child Welfare Agency recognized or licensed by the Government of the Country, in which the foreigner is resident. The application should be accompanied by home study report of the foreigner by such agency containing information to show whether he is fit and suitable person and has the capacity to parent a child coming from a different racial and cultural milieu. The sponsoring foreign agency must also certify that the foreigner seeking to adopt a child is permitted to do so according to the law of his country. In case the foreigner is not in a position to come to India, the application must be further accompanied by a power of attorney in favour of an officer of the Social or Child Welfare Agency in India which is to process the application.

 

(20)   Such an application should be processed in the Court only by a Social or Child Welfare Agency licensed or recognized by the Government of India or the Government of the State in which it is operating. Such agency shall annex a child study report giving all relevant information in regard to the child to assist the Court in coming to a decision whether it will be for the welfare of the child to be given in adoption to the foreigner wishing to adopt it.

 

(21)   Except where the child is an orphan, destitute or abandoned child whose biological parents are not known, in all other cases the agency processing such an application should take from the biological parents a document of surrender duly signed by the biological parents and attested by at least two respective persons. The Biological parents should not have surrendered the child before its birth or within a period of three months from the date of birth.

 

(22)   No notice under Section 11 of the Act shall be issued to the biological parents of the child, so that they shall not have any opportunity of knowing who are the adoptive persons taking the child in adoption. Such notice shall not also be published in a news paper. Notice under Section 11 ibid shall however be given to Indian Council of Child Welfare or Indian Council for Social Welfare or any of its branches for scrutiny of the application and making its representation to the Court.

 

(23)   The proceedings on such application should be held by the Court in camera and as soon as an order is made, the entire proceedings, including the papers and documents should be sealed. The entire proceeding should be completed by the Court expeditiously and as far as possible within a period of two months from the date of filing such application.

 

(24)   It is desirable that the child given in inter-country adoption should be below the age of 3 years on the date of application. In case of any child above the age of 3 years, the wishes of the child should be ascertained by the Court.

 

(25)   The order on such application should include a condition that the foreigner, whose application is allowed, shall submit to the Court as also to the Social or Child Welfare Agency processing his application, progress reports of the child along with a recent photograph quarterly during the first two years and half yearly for the next three years.

 

(26)   The order appointing a foreigner as guardian shall also carry, attached to it, a photograph of the child duly counter-signed by an officer of the Court.

 

(27)   Copy of the order shall be sent by the Court to the 'Ministry of Social Welfare, Government of India as also to the Ministry of Social Welfare of the Government of the State in which it is situate".

 

Form 'A'

 

In The Court Of........................Court Fees.................................................................

 

In the matter of the guardianship of , son of......................................................................

Caste....................., resident of....................minor......................................................

 

 

Schedule to Form A

 

Form 'B'

 

Notice under Section 11 of Act VIII of 1890

 

Civil Suit No................of 20...

 

In the Court of....................................................................

 

At...................................................................................

 

In the matter of application of ..................caste.........................Inhabitant of............  Tahsil ................District................for the (I) .................. of a guardian to the (2)................ of............son of................tahsil........... a minor aged............years inhabitant of..................tahsil............... district ..............To (3)............... The petitioner above named having applied to be (4) the guardian of the (2).............of the aforesaid minor, the.day of......... 20..., has been fixed for the hearing of the application and notice is hereby given that if you desire/anybody desires to oppose that application of the petitioner aforesaid you/he should enter appearance in this Court in person or by a duly authorized Pleader of the Court, duly instructed, and able to answer all material question relating to the application, or he shall be accompanied by some person able to answer all such questions, and you are/he is hereby required to take notice that in default of your/his appearance on the day mentioned above the application will be heard and determined in your/his absence.

 

Given under my hand and the seal of the Court this..............day of.............20...

(1)     Appointment of declaration as the case may be.

 

(2)     State whether to the person or the property of the minor, or to both.

 

(3)     Name of person, father's name and place of residence in case of notice under clause (a) of Section 11 "the public" in the case of general notice under clause (b).

 

(4)     Appointed or declared.

Form 'C'

 

Order of appointment under Section 7, Guardian and Wards Act, 1890.

 

In the Court of the.....................Judge...................

 

At..............................................................

 

Miscellaneous Judicial Case No...............of 20...

 

Whereas this Court has, under the provisions of Section 7 of Act No. VIII of 1890, been pleased to appoint/declare you to be guardian of the property/ person/persons and property of...............during the period of his minority, to wait, till the.........day of the month of 200..., subject to the provisions contained in the Act and particularly those provisions contained in Section 32, 39 and 40 of the Act aforesaid : you are hereby authorized to take charge of the property of the minor in trust, to collect, and pay all just debts, claims and liabilities due to or by the estate of minor, to institute or defend suits connected with that estate and generally to do and perform all acts which may be necessary for the due discharge of the trust vested in you, provided always, that you shall not mortgage, or change, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of your ward, or lease any part of that property for a term exceeding five years, or for any term exceeding more than one year beyond the date on which your ward will cease to be minor, without the express sanction of this Court previously obtained; and that you will keep regular accounts of your receipts and disbursements, with all vouchers and other documents necessary to establish their corrections.

 

Given under my hand and the seal of the Court, this day of..............................20...

 

Form 'D'

 

Form of Bond under Section 34 of Act VIII of 1890

 

Know all men by these presents that 1  (a).......................................................................(b) of...........of............am held and firmly bound to (c) the District Judge or his assigns, in the sum of Rs..............to be paid to the said (d)...................or to his successors in this office, and we (e)................son of..................of...................................and (f) .............son of.................of...............are jointly and severally held and firmly bound to the said (g) ................or his assigns in the sum of Rs.......................to be paid to the said (h)...............or his assigns or to his successors in office of their assigns, for the payment of which said sum of Rs.......................to be faithfully and truly made. I the above bounden (j).......................bind myself and heirs, executors, administrators and representatives, and for the payment of the said, sum of Rs...................................we the above bounded (j) ............... and (k) bind ourselves, and each of us jointly and severally, and one and each of our heirs, executors and administrators, and representatives firmly by these presents signed by ourselves and sealed with our respective seals this...............day..............of............20...

 

Whereas by an order of the Court of the District Judge of made on the............ day of...........under Section 7 of the Guardians and Wards Act (VIII of 1890) the above named (1)...................has, subject to his entering into a bond in Rs. .............with (2).............. sureties in the same sum of Rs............ (as the case may be) been appointed guardian of the property, move able and immovable (3)..................... minor, son of..............and, whereas the said (4)...................has agreed to enter into the above written bond and the said (5) and (6).have agreed to enter into the above written bond as sureties for the said (7).................

 

Now the condition of the above written bond is such that if the said (8).........................................do and shall justify and truly account whenever called upon to do so, for what he may receive in respect of the property of the said (9)..................and do and shall carefully observe, perform and keep all orders and directions of the said court of the District Judge of..................touching or concerning the estate and effects of the said minor and his property and touching and concerning all such moneys and estate as he the said (10).................shall receive as such guardian as aforesaid and in all things conduct himself properly, then the above written bond or obligation shall be void and of no effect, otherwise the same shall remain in full force and virtue.

 

Signature and sealed by the above named............................................(Seal) (11)...............................................................................(Seal) ...................................................................................(Seal)

 

Form 'E' (1)

 

Statement under Section 34 (6) showing particulars in regard to immovable and move able property belonging to................minor, taken over by........appointed as guardian under order of the Court dated................20...

 

Immovable property

 

 

Move able property

 

Particulars

 

(a)      Details should be given on the tenure on which land is held. The size of building and the materials of which they are built should be given.

(b)      Here state whether cultivated through servants or relatives or let on rent or cultivated by tenants. If occupied by tenants the nature of the tenancy should be stated. In case of building state whether occupied by minor or family or let on rent or hire, etc.

(c)      This will assist the court in determining the amount of security to be taken from the guardian.

 

Form 'E' (2)

 

District.............

 

Statement showing particulars of the debts due to, or by the estate of.............minor, for whose property and person....................has been appointed or declared guardian by order of the Court dated...............200...

 

Debts due to the estate of the minor

 

 

 

Debts due by Hie estate of the minor

 

 

 

(a)      Whether registered or unregistered bond or debt or book account etc.

 

Form "F"

Particulars of Ward and of Guardian appointed under the Guardians and Wards Act and minutes of subsequent proceedings

 

Ward

 

Name................................................................................................................

 

Father's name.......................................................................................................

 

Caste...............................................................................................................

 

Residence..................................................................................................................................................................

 

Sex.................................................................................................................

 

Date of birth.......................................................................................................

 

Guardian

 

 

Subsequent Proceedings

 

 

Form "G"

 

Register of Estates of Wards under the District Judge

 

 

Rules under sub-section (1) (A) and (I) of Section 50

(1)     With the annual statements of civil business for the previous year which arc required to be submitted by the 15th February each year the District Judges shall submit to the High Court a report of the working of the Guardians and Wards Act 1890, specially on the management of ward's estates.

(2)     When it appears to the Court at the time of passing an order of appointment or declaration of a guardian, or at the annual inspection of the ward or otherwise, that orders are required as to the education of the ward, the Court shall pass such orders as appear to suit the case, regard being had to the present position and future prospects of the ward's family and to the intellectual capabilities of the ward himself.

 

J: Rules under Section 45-G, Banking Companies Act, 1949 (Act No. X of 1949)

 

Rule - 384.

 

In exercise of powers conferred by sub-section (2) of Section 45-B and Section 45-G of the Banking Companies Act, 1949 (Act X of 1949), as amended by Act XX of 1950, and all other powers hereunto enabling, the High Court hereby makes the following rules : -

 

1.    Short title, commencement and application. - These rules shall be called the Chhattisgarh High Court Banking Companies Rules, 2005 and shall come into force from a date to be notified by the Chief Justice, and shall apply to all proceedings under the Banking Companies Act; 1949.

2.     Definition. - To these rules, unless, the context or subject matter otherwise requires : -

(a)      "Act" means the Banking Companies Act, 1949 (Act X of 1949), as amended by Act XX of 1950, or as may be amended from time to time.

(b)      "Banking Company" means a company to which the provisions of the Act apply.

3.    Title to proceedings, advertisements, etc. - The following shall be used as the entitling (or heading) in every petition or notice of application, advertisement, proclamation, notice, or other matter to which these rules apply.

(a)      In proceedings in Court: -

"In the High Court of Chhattisgarh at Bilaspur"

"In the matter of the Banking Companies Act, 1949, and..............Bank Limited".

(b)      In advertisements, proclamations, notice and other proceedings not before the Court.

"In the matter of Banking Companies Act, 1949, and of...............Bank Limited."

4.    Application of Indian Company Rules. - Save, as is expressly provided in these rules, the rules framed under the Indian Companies Act, 1913 shall apply to proceedings under Act, and all forms prescribed under the Indian Companies Act, where appropriate shall mutatis mutandis apply to proceedings under the Act.

 

5.     Application of the Code of Civil Procedure. - The provisions of the Code of Civil Procedure, in so far as they are not inconsistent with these rules or with the Act, shall apply to all proceedings under the Act.

 

6.    (a) Mode of proceedings. - An application under any of the sections of Part III or III-A of the Act shall be made by petition which shall be signed and verified in the same manner as a plaint. The petition shall be supported by an affidavit, and shall be presented to the Judge taking Company winding up matters or to such other Judge as the Chief Justice may direct. The Judge shall hear the said application and pass such orders and give such directions as he deems proper, including directions for notice of the petition being given to such person or persons as may seem to him likely to be effected by the proceedings.

(b) Jurisdiction. - Such petitions shall be heard and disposed of by a Judge sitting alone.

7.    Notice. - (a) In addition to the advertisement and notice provided for in the rules framed by this Court under the Indian Companies Act, 1913, notice of application for winding up a Banking Company, made by persons other than the Reserve Bank shall be served on the Reserve Bank.

The notice shall also state that in default of an application from the Reserve Bank asking to be appointed the official liquidator, the Court may, if necessary proceed to appoint an official liquidator other than the Reserve Bank.

(b) All notices directed to be given to any party or to the Reserve Bank shall be accompanied by a copy of the petition and affidavit, and shall be sent by registered post with acknowledgement due.

 

8.    Transfer of proceedings. - Where an order has been made for the winding up of a Banking Company, the Judge shall have power to order the transfer to him of any action, cause or matter pending in any other Court subordinate to the High Court brought or continued by or against the Company. Any proceeding by or against the company pending in the High Court shall be dealt with by the Judge dealing with the proceedings for the winding up of the Company. Proceedings so transferred or pending in the High Court shall be dealt with in the same manner as claims and questions under Section 45-B of the Act.

 

9.     Proof of claims. - Notwithstanding anything to the contrary contained in the Indian Company Rules, every depositor whose name appears as a depositor in the books of the company shall be admitted as a creditor for the amount so appearing in the books of the company without proof, unless the official liquidator has reason for doubting any particular entry in which case he may call upon the depositor so admitted without proof of claim. The Official liquidator shall notify every depositor so admitted without proof of the amount for which he has been admitted as a creditor.

 

10.   Set off. - In all claims for the money by or against a Banking Company, the opposite-party shall be entitled to plead by way of set-off or counter-claim any amount which he or it may claim against the claimant.

 

11.   Cour-fees on claims. - The Court fee-payable on claims for money (whether secured or unsecured) on a claim to set-off made against such claims or counter-claims shall be as follows : -

 

Claims, counter claims or set-off.-

12.   On every appeal from an order, decree or decision passed under the provisions of Section 46 B of the Act, the court-fee paid shall be as under : -

 

 

13.   (1) Every order in favour of a Banking Company for enforcement of a shortage, pledge, hypothecation or any other security, shall be executed by the Court, and the Court may direct the security to be sold by a Commissioner without the settlement of a sale proclamation but after advertisement as the Court may direct.

 

(2) Every other order passed in favour of a Banking Company for money may be executed by the Court or transmitted for execution to any other Court in India as the Court may deem fit, provided that the Court shall be at liberty at any stage to withdraw for disposal by itself any proceeding in execution pending in another Court in respect of an order transmitted to such Court for execution.

 

14.   Appeals. - An appeal under Section 45-B (2) of the Act shall be heard by a Bench of two Judges other than the Judge from whose Judgment the appeal is preferred and shall be treated as a first appeal to the High Court.

 

15.   Expediting. - All proceedings under Section 45-B of the Act shall be treated as urgent.

 

16.   Presentation and hearing of complaints. - (1) Proceedings under Section 40-G of the Act shall commence with a complaint presented by the official liquidator to the Judge dealing with winding up proceedings or to such Judge as the Chief Justice may direct. On presentation of the complaint, the Judge may issue summons or a bailable or non-bailabie, warrant against the accused and shall fix a date for the trial or may dismiss the complaint as he may in his discretion think fit.

 

(2) In the case of trial under Section 45-G (1), the Procedure provided in the Criminal Procedure Code for the trial of summons cases shall in so far as it is not inconsistent with the provisions of the Act, be applicable.

 

(3) In the case of trial under Section 45-G (3), the procedure provided in the Criminal Procedure Code for the trial of warrant cases shall in so far as it is not inconsistent with the provisions of the Act, be applicable.

 

17.   Process in Criminal Cases. - All processes in criminal cases shall issue from the office of the Registrar.

 

K: Rules under Section 45-N and 45-U, Banking Companies Act, 1949 (Act X of 1949)

 

Rule - 385.

 

In exercise of the powers conferred by sub - section (2) of Section 45-N and Section 45-U of the Banking Companies Act, 1949 (Act X of 1949), as amended by Act XX of 1950 and Act LII of 1953 and all other powers hereunto enabling and in supersession of all previous rules on the subject, the High Court hereby makes the following rules.

1.    Short title, commencement and application. - These rules shall be called the Chhattisgarh High Court Banking Companies Rules, 2005 and shall come into force from a date to be notified by the Chief Justice, and shall apply to all proceedings under the Banking Companies Act, 1949.

2.    Definitions. - In these rules, unless the context or subject matter otherwise requires : -

(a)      "Act" means the Banking Companies Act, 1949 (X of 1949) as amended by Act XX of 1950 and Act LII of 1953, or as may be amended from time to time.

(b)      "Banking Company" means a company to which the provisions of the Act apply.

(c)      "Court" means the High Court of Chhattisgarh at Bilaspur.

3.    Title to proceedings advertisements, etc. - The following shall be used as the entitling (or heading) in every petition or notice of application, advertisement, proclamation, notice or other matter to which these rules apply.

(a)      In proceedings in Court : -

"In the High Court of Chhattisgarh at Bilaspur!'

"In the matter of the Banking Companies Act, 1949, and of...................Bank Limited."

(b)      In advertisement, proclamation, notices and other proceedings not before the Court.

"In the matter of Banking Companies Act, 1949 and of........................Bank Limited."

4.     Application of Indian Company Rules. - Save, as is expressly provided in these rules, the rules framed under the Indian Companies Act, 1913 shall apply to proceedings under Act, and all forms prescribed under the Indian Companies Act, where appropriate shall mutatis mutandis apply to proceedings under the Act.

5.     Application of the Code of Civil Procedure. - The provisions of the Code of Civil Procedure, in so far as they are not inconsistent with these rules or with the Act, shall apply to all proceedings under the Act.

6.    (a) Mode of proceedings. - An application under any of the sections of Part III or III-A of the Act shall be made by petition which shall be signed and verified in the same manner as a plaint. The petition shall be supported by an affidavit, and shall be presented to the Judge taking Company winding up matters or to such other Judge as the Chief Justice may direct. The Judge shall hear the said application and pass such orders and give such directions as he deems proper, including directions for notice of the petition being given to such person or persons as may seem to him likely to be effected by the proceedings.

(b) Jurisdiction. - All applications referred to in sub-rule (a) all matters and proceedings connected with such applications, and all proceedings transferred to the High Court under Section 45 (G(3) of the Act shall be heard and disposed of by a Judge sitting alone.

 

7.    Notice. - (a) In addition to the advertisement and notice provided for in the rules framed by this Court under the Indian Companies Act, 1913, notice of application for winding up a Banking Company, made by persons other than the Reserve Bank shall be served on the Reserve Bank.

The notice shall also state that in default of an application from the Reserve Bank asking to be appointed the official liquidator, the Court may, if necessary proceed to appoint an official liquidator other than the Reserve Bank.

(b) All notices directed to be given to any party or to the Reserve Bank shall be accompanied by a copy of the petition and affidavit, and shall be sent by registered post with acknowledgement due.

8.    (a) When passing the winding up order, or at any time thereafter, the Court may direct the Publication of an advertisement in such manner as the Court considers necessary calling for information about losses caused to the banking company acts or omissions of any person to the promotion or formation of the banking company or of any director or auditor of the banking company to be sent by post or otherwise to tile Official Liquidator within 14 days or within such time as the court may fix.

(b) In preparing his report under Section 45-G (1) of the Act, the Official Liquidator, shall take into consideration the information, if any, received in answer to an advertisement contemplated in the foregoing rule and all information available from the records of the banking company or from any other source. The report shall clearly state the source of information and the reasons for the conclusion arrived at. The Official Liquidator shall submit his report to the Court within two months from the date of the winding up order or within 12 days from the last date fixed in the advertisement, if any, for receipt of information, whichever is later.

9.     Proof of claims. - Notwithstanding anything to the contrary contained in the Indian Company Rules, every depositor whose name appears as a depositor in the books of the company shall be admitted as a creditor for the amount so appearing in the books of the company without proof, unless the official liquidator has reason for doubting any particular entry in which case he may call upon the depositor so admitted without proof of claim. The Official Liquidator shall notify every depositor so admitted without proof of the amount for which he has been admitted as a creditor.

10.   Settlement of list of debtors. - (a) On receipt of a list of debtors from the Official Liquidator, the court shall issue notice to all persons affected giving details of the amount and nature of debt in each case and calling for objections to be filed within 30 days from the date of the receipt of the notice and shall fix a date for the settlement of the list of debtors.

(b) On the day fixed or on any day to which the matter may be adjourned, the Court shall consider the objections, if any, and settle the list of debtors to the extent possible and fix a date of enquiry into the debt not included in the settled list.

(c) All enquiries under the Act shall be by affidavit evidence, unless the Court specifically permits also interrogatories, or orders in any particular case evidence viva vice or by commission.

11.   Set off. - In all claims for the money by or against a Banking Company, the opposite party shall be entitled to plead by way of set-off or counter-claim any amount which he or it may claim against the claimant,

12.    Court-fees on claims. - The Court.fee-payable on claims for money (whether secured or unsecured) on a claim to set-off made against such claims or counter-claims shall be as follows : -

Claims, counter claims or set-off. -

13.   On every appeal from an order, decree or decision passed under the provisions of Part III or Part II - A of the Act, the Court-fee paid shall be as under : -

14.   Subject to the provisions of the Act, the Court shall have and exercise the same powers in respect of certificate issued under sub-section (6) of Section 45-D as it has and exercise in respect of decrees passed by it.

15.   Appeal. - (a) An appeal under Section 45-N (I) of the Act shall be filed within 20 days from the date of the order or decision appealed against, and shall be heard by a bench of two judges other than the Judge from whose Judgment the appeal is preferred and shall be treated as a first appeal to the High Court.

(b) An Appeal shall lie to this Court, from the Judgment or order of one Judge passed in the exercise of original criminal jurisdiction where the Judge who passed the Judgment or order, declares at the time of passing Judgment or order that the case is a fit one for appeal.

(c) An appeal as provided for in sub-rule (b) shall be filed within 15 days from the date of Judgment or order appealed against and shall ordinarily be heard by a Bench of two Judges.

16.   Expediting. - All proceedings under the Act shall be treated as urgent.

17.  Presentation and hearing of complaints. - (i) Proceedings under Section 45-1 of the Act shall commence with a complaint presented by the official liquidator to the Judge dealing with winding up proceedings or to such Judge as the Chief Justice may direct. On presentation of the complaint, the Judge may issue summons or a bailable or non-bailable warrant against the accused and shall fix a date for the trial or may dismiss the complaint as he may in his discretion think fit.

(ii) In the case of trial under Section 45-J (I), the procedure provided in the Criminal Procedure Code for the trial of summons cases shall in so far as it is not inconsistent with the provisions of the Act, be applicable.

(iii) In the case of trial under Section 45-J(4) the procedure provided in the Criminal Procedure Code for the trial of warrant cases shall in so far as it is not inconsistent with the provisions of the Act, be applicable.

(iv) Any offence punishable under this Act or under the Indian Companies Act, 1913 with imprisonment for a term which does not exceed two years or with fine which does not exceed one thousand rupees may be tried in a summary way either independently or along with any other offence with which the accused may, under the Code of Criminal Procedure, be charged at the same trial.

(v) Offences, cognizance of which is taken for summary trial, shall be tried by the Judge for the time being dealing with winding up proceedings. All other offences shall be tried by a Judge other than the Judge for the time being dealing with winding-up proceedings.

18.   Process in Criminal cases. - All processes in criminal cases shall issue from the office of the Registrar.

19.   Where under this Act or under any other law applicable to banking companies or under the rules, time can be extended for the doing of any act, this Court may extend lime either before or after the expiration thereof upon such terms, if any, as the court thinks fit to impose.

 

L: Rules for Proceedings under Section 66, Indian Income Tax Act, 1922 (Act XI of 1922)

 

Rule - 386.

 

In exercise of the powers conferred by Article 225 of the Constitution of India, the High Court of Chhattisgarh at Bilaspur has made the following rules to regulate the proceeding under Section 66 of the Indian Income Tax Act, 1922 (XI of 1922). These rules will come into force from a date to be notified by the Chief Justice.

 

Final Rules framed to regulate Proceedings

 

The following rules shall regulate the procedure in regard to references and applications to the High Court under Section 66 of the Act : -

(1)     On receipt of a reference from the Income - Tax Appellate Tribunal under Section 66 (1) of the Act starting a case for the opinion of the High Court it shall be registered as a Miscellaneous Civil Case.

(2)     The Registrar, Income - tax Appellate Tribunal shall together with the referenced, submit the following documents : -

(i)       a copy of the order of the Income-tax Officer;

 

(ii)      a copy of the order of the Appellate Assistant Commissioner or Commissioner;

 

(iii)     a copy of the order of the Income-tax Appellate Tribunal under Section 33 of the Act; and

 

(iv)    documents or copies thereof (with the translation in English where necessary) as have been specified by the parties in the lists submitted to the Tribunal under rules 35 and 41 of the Appellate Tribunal Rules, 1946.

He shall also submit four true and identical copies of the reference and its enclosures for being incorporated in the paper-books.

(3)     The Registrar shall admit the reference and shall cause notices to be served on the parties intimating the date of hearing of the case.

 

(4)     An application under Section 66 (2) of the Act shall comply with the provisions of rules 2 and 3 of Chapter IV of the Rules of the High Court and shall be registered as a Miscellaneous Civil Case. It shall be accompanied by two copies (one of which shall be certified copy) of the following documents : -

(i)       the order of the Income-tax Officer;

 

(ii)      the order of the Appellate Assistant Commissioner or Commissioner;

 

(iii)     the order of the Appellate Tribunal under Section 33 (4) of the Act;

 

(iv)    the order of the Appellate Tribunal refusing to refer the case together with the application under Section 66 (1) of the Act; and

 

(v)      any other paper or document which the applicant considers necessary for the disposal of the application.

(5)     Such application shall set out in a concise form the material facts, giving rise to the alleged question or questions of law that are required to be stated by the Appellate Tribunal.

 

(6)     A certificate from the Income - tax Appellate Tribunal to the effect that the assessee has not withdrawn his application for reference under Section 66 (1) ibid before the said Tribunal shall be produced at or before the hearing unless the Court otherwise directs.

(7)     The applicant shall within three weeks, of the date of admission of the application file four additional true and identical copies of the application and the document mentioned in rule 4, for the preparation of the paper books for the Judges and the parties, unless the Court otherwise directs.

 

(8)     An Application under Section 66 (3) of the Act shall comply with the provisions of rules 2 and 3 of Chapter 4 of the Rules of the High Court, and shall set out in a concise form the facts on which the Appellate Tribunal has rejected the application as time barred. It shall be accompanied by two copies of the order of the Appellate Tribunal, of which one shall be a certified copy and an affidavit by some person acquainted with the facts.

 

(9)     The applicant shall, within three weeks of the date of admission of the application, file one certified copy and four true and identical copies of the documents which he considers necessary for the disposal of the application in addition to four true and identical copies referred to in rule unless the Court otherwise directs.

 

(10)   Service of notice contemplated in these rules shall be deemed sufficient, if made on counsel for the party.

 

(11)   In reference under Section 66 (1) and to applications under Section 66 (2) and 66 (3) of the Act, the Commissioner of Income tax shall be shown as the "Applicant" or the "Opposite Party" as the case may be.

 

(12)   The Court hearing applications and/or references under Section 66 of the Act shall be a Division Bench of two Judges, unless the Chief Justice order that any such application or reference shall be heard by a larger Bench.

 

(13)   After the judgment or the final order is passed two copies of the Judgment or the Order shall be sent to the Registrar, Income - tax Appellate Tribunal having jurisdiction and one to the Commissioner of Income-tax having jurisdiction.

 

(14)   If the Court orders the preparation of a paper - book in office, the provisions of the rules in Chapter VIII of the High Court Rules regarding preparation of paper-books in civil cases shall apply mutatis mutandis to these cases.

 

(15)   In the rules, the expression "the Act" means the Indian Income tax Act, 1922 (XI of 1922) as amended from time to time.

 

M: Rules under Section 41 of The Special Marriage Act, 1954 (Act No. XLIII of 1954)

Rule - 387.

 

1. Short title and commencement. -

 

(a)      These rules may be called the Special Marriage Rules, 2005.

(b)      They shall come into force from the date of their publication in the Chhattisgarh Gazette.

2. Definition. - In there rules unless these is anything repugnant in the subject or context - "Act" means the Special Marriage Act, 1954 (No. XLIII of 1954).

3. Application of other Act and Rules. - The provisions of the Indian Divorce Act, 1869, as regards forms and procedure, in so far as such forms and procedure may be applicable mutatis mutandis and the rules made thereunder with necessary changes and adaptations and the general rules of Court relating to registration, contents and presentation or filing of plaints and written statements, in so far as they are not inconsistent with the Act or with these rules shall apply to all proceedings under the Act.

4. Registration of petitions. - All original petitions under Chapter V, VI or VII of the Act shall be registered as suits of Class-Ill in the register of Civil Suits.

5. Contents of petitions. –

 

(A)     A petition under Chapter V or Chapter VI of the Act shall, in addition to any particulars required by law, state : -

(i)       the place and date of marriage;

 

(ii)      the name, status and domicile of the wife before the marriage;

 

(iii)     the status of the husband and his domicile at the time of the marriage and at the time, the petition is presented, and his occupation and the place or places of residence of the parties at the time of the institution of the suit;

 

(iv)    the principal permanent address where the parties have cohabited including the address where they last resided together;

 

(v)      where there is living issue of the marriage, and if so, the names and date of birth or ages of such issues;

 

(vi)    whether there have been any, and if so, what previous proceeding with reference to the marriage by or on behalf of either of the parties to the marriage, the place of such proceedings and result of such proceedings;

 

(vii)   the grounds on which the petitioner claims that the court to which the petition is presented has jurisdiction to entertain the petition.

(B)     A petition for restitution of conjugal rights shall, in addition to the particulars mentioned in rule 5, state -

(i)       the date from which the respondent has withdrawn from the society of the petitioner;

 

(ii)      the age of the respondent;

 

(iii)     the person or persons with whom the respondent residing at the time of the institution of the suit;

 

(iv)    the attempts, if any, made before suit by the petitioner for resumption of normal relations.

(C)     A petition for judicial separation or divorce shall, in addition to the particulars mentioned in rule 5, state -

(i)       the specific grounds on which judicial separation or divorce is claimed ;

 

(ii)      the claim for damages, if any ;

 

(iii)     the absence of collusion between the petitioner and the other party to the marriage.

(D)     A petition for divorce by mutual consent shall, in addition to the particulars mentioned in rule 5, state -

(i)       the place or places and period or periods during which the parties have lived together;

 

(ii)      the period during which the parties have been living separately ;

 

(iii)     the reasons for not being able to live together.

(E)     A petition for declaration of nullity of a marriage shall, in addition to the particulars mentioned in rules 5 and 7, as far as applicable, state the facts, which make the marriage null and void.

(F)      A petition for the annulment of a marriage shall, in addition to the particulars mentioned in rules 5 and 7, as far as applicable, state the ground or grounds on which annulment of the marriage is sought.

6. Impleading of co-respondent. - A petition for Judicial separation or divorce on the grounds of adultery shall implead the alleged adulterer as a co-respondent, unless any of the following reasons is given not so imp-leading : -

(a)      that the respondent is leading the life of a prostitute and that the petition knows of no person with whom the adultery has been committed ;

 

(b)      that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts to discover it;

 

(c)      that the alleged adulterer is dead;

7. Intervener. –

(a)      Any person, not already a party to the proceedings may, by an application supported by an affidavit, seek the permission of the Court to intervene and show cause why a decree for divorce, declaration of nullity of marriage or annulment of marriage should not be passed.

(b)      If the Court allows such an application, the intervener shall be made a party to the proceedings and shall, if the intervention is not bonajide, be liable for costs.

8. Damages. - The Court may award to the petitioner such damages against a corespondent who has been found guilty of adultery, as the court deems proper.

9. Limitation. - The provisions of Section 5 of the Indian Limitation Act, 1908, shall apply to applications and appeals under.

CHAPTER XXI

A: Facilities to be given to the Approved Law Journals

Rule - 388.

 

The issue of copies to representatives of approved Law Journals shall be governed by the following provisions, namely : -

(1)     An approved list of Law Journals entitled to receive copies of judgments marked A.F.R. (approved for reporting) under this rule shall be maintained under the orders of the Chief Justice.

(2)     No Law Journal shall be entered in this list unless it has given an undertaking that it will apply for a copy of every judgment delivered by the Court which is marked A.F.R.:

Provided that a Law Journal publishing cases only of a particular branch or branches of Law (such as Journals publishing Income tax and Sales tax Cases) may also be entered in the approved list, if it gives an undertaking that it will apply for a copy of every judgment delivered by the Court, which is marked A.F.R. in case relating to the branch or branches of Law which are published in the journal.

(3)     No Law Journal on the approved list shall be entitled to receive more than one copy of such judgment under this Rule.

 

(4)     As soon as judgment marked A.F.R. has been received in the disposal Section or the Criminal Department, as the case may be, an assistant there shall enter it in a register to be called Register of Judgments marked A.F.R., the entries being made in chronological order, and shall send such judgment immediately to the Section Officer of the Copying Department for the preparation of as many copies as there are law journals on the approved list.

 

(5)     Two registers in the prescribed form to be called 'Register of Copies of Judgments marked A.F.k.' and 'Register of Applications for copies of Judgments marked A.F.R., respectively shall be maintained by the Section Officer of the Copying Department with respect to such copies.

 

(6)     Copies prepared under this Rule shall contain the following additional information, namely : -

(a)      the names of advocates appearing in the case on both sides ;

 

(b)      the names of Judges delivering the judgment of the Court; and

 

(c)      full designation of the lower Court along with the date of its judgment or order.

Such additional information shall be sent to the Section Officer of the Copying Department by the Disposal Section or the Criminal Department, as the case may be, along with the judgment.

(7)     Copies prepared under this Rule shall be given priority over all ordinary copies and shall be prepared as quickly as possible.

 

(8)     As soon as copies are ready they shall be delivered to the representative of the journals on the approved list on their submitting a duly stamped application and on payment of Rs. 2/- (in Court fee stamps affixed on the application) per copy of every such judgment or order.

 

(9)     If the representative of any law journal on the approved list does not apply for copy of any judgment marked A.F.R. within three weeks from the date on which it is so marked the name of such journal may be removed from the approved list.

 

(10)   The 'Register of Copies of Judgments marked A.F.R.' shall be open to inspection by the representative of any law journal on the approved list.

I.        Register of Judgments marked A.F.R.

 

 

 

II.      Register of Copies of Judgments marked A.F.R.

 

III.   Register of Application for Copies of Judgments marked A.F.R.

 

B: Facilities to be given to the Press Reporters

 

Rule - 389.

 

(1)     The accredited and approved representatives of approved newspapers who have been granted accreditation and.approval under these Rules will be allowed seats in Court, if they so desire, for the purpose of reporting proceedings.

 

(2)     Such representatives of newspapers can obtain copies only of such Court documents as can be obtained by strangers after filing regular application under the Rules and on payment of the prescribed fee.

 

(3)     Such press representatives will be given the following facilities for inspection of judgments only (not of records).

(i)       They may inspect judgments in the Inspection Section of the Registry upon a regular application for inspection in accordance with these Rules and on payment of the prescribed fee. Such applications will, however, invariably be dealt with by the office immediately, though only the ordinary fee of Rs. 5/- will be charged upon an ordinary application. Such applications and inspection may be allowed at any time between 10.30 a.m. to 4.30 p.m., to be made by the person named in the order for inspection.

 

(ii)      Such press representatives will be permitted to peruse the judgments in open Court just after delivery with the permission of the Judge and while he is on the Bench.

 

(iii)     No press representative will, in any circumstances, be allowed private access of Ministerial Officers of the Court, nor will he be allowed perusal of any judgment until it has been revised and signed in the ordinary course, except by the special permission of the Judge who delivered it.

(4)     Accredited and approved representatives of the approved newspapers will have the responsibility of publishing true and correct news relating to the High Court. For reporting on a matter related to the High Court and its orders and judgments, due care shall be taken by the duly accredited approved representatives and the Court reserves the right to withdraw the facility from the representatives of any newspaper or law journal in which inaccurate, or misleading, or scandalous reports are found to appear.

 

(5)     Only such journalist shall be treated as duly accredited and approved representative, whose names have been sent by the newspaper to the High Court on year to year basis.

 

(6)     The duly accredited representative of an approved Newspaper/ Electronic Media shall not interact with a lawyer seeking comments on a case pending before the High Court. He shall not seek comments or obtain photographs from a lawyer to be published in connection with cases which he had been engaged or concerned, as the same is not permitted under the Bar Council of India Rules.

 

C. : Rules for Eligibility for Accreditation to a Journalist or Representative of News paper

 

Rule - 390.

 

(1)     He must have a Law degree recognized by the Bar Council of India under the Advocates Act, 1961.

 

(2)     He should ordinarily have five years Court reporting experience in a daily newspaper, national news agency or media organization like A.I.R. and Doordarshan of which at least three years must be at any High Court:

Provided, however, that out of the said period of three years, two years at least should, immediately prior to the application for accreditation, be continuous.

(3)     He has regularly reported the proceedings of the Supreme Court or any High Court for at least six months on temporary accreditation granted to him and continues to represent a daily newspaper of not less than 40,000 circulation certified by the Registrar of Newspapers, the Audit Bureau of Circulation (ABC) or the Director of State Information Bureau, a national agency or media organization like A.I.R. and Doordarshan.

 

(4)     The Chief Justice for special reasons may refer to the Accreditation Committee the case of any deserving candidate for consideration of according accreditation in relaxation of the rules and guidelines and on such reference the Accreditation Committee may advice the Chief Justice suitably.

 

(5)     On being granted regular accreditation on the prescribed application the legal correspondent will be issued an identity card which will be valid for one year and which will have to be renewed annually.

 

(6)     In case, an accredited legal correspondent is transferred or otherwise ceases to represent the above mentioned newspaper, news agency or other media organization for which he was granted accreditation, he shall, within two weeks of such transfer or cessation, return the identity card issued to him by the Registry.

 

(7)     Temporary Accreditation. - An applicant for temporary accreditation will be eligible for consideration on his fulfilling the following conditions : -

(a)      He is a working journalist desiring to report regularly the High Court proceedings and furnishes a letter from his newspaper, news agency or other media organization concerned to that effect.

 

(b)      He possesses a Law degree recognized by the Bar Council of India under the Advocates Act, 1961.

 

(c)      The application must be accompanied by an attested copy of the Law degree and a letter of request/recommendation from the Editor Cr Publisher of the concerned Newspaper.

 

(d)      The application must be supported by clippings, showing the Court reportage for the requisite number of years and a letter from the sponsoring Editor certifying the above mentioned experience of reportage.

 

(e)      An applicant for temporary accreditation should ordinarily have at least three years of Court reporting experience :

Provided, however, that out of the said period of three years one year at least should, immediately prior to the application for accreditation, be continuous.

 

(8)     All facilities including supply of copy of the judgment/order will be confined only to the accredited legal correspondents. Each media organization will be entitled to only one copy of the judgment/order through its regularly accredited correspondent.

 

(9)     An accredited correspondent, regular or temporary, shall while in Court precincts be in a formal dress, in a manner befitting the decor of the Court and displaying prominently his accreditation card.

 

(10)   If an accredited correspondent misuses the accreditation facility, the Accreditation Committee may consider the withdrawal of his accreditation.

 

(11)   For the purpose of accreditation an Accreditation Committee shall be constituted under the orders of the Chief Justice. The Committee shall consist of the following members :

(i)       A sitting Judge of the High Court.

 

(ii)      The Advocate General

 

(iii)     The Chairman, State Bar Council

 

(iv)    Two accredited correspondents of any print/electronic media.

 

(v)      The Registrar General shall be the Member Secretary of the Committee.

(12)   Temporary Reporting Facility. - The Registrar in his discretion may grant temporary reporting facility to a working journalist for a day/short duration or for a specific case on his fulfilling the following criteria:

 

He must submit a formal letter from the Editor making a specific request along with his PIB Accreditation card for being considered for the grant of such temporary reporting facility.

(13)   That whatever a press representative who has been accorded accreditation leaves the Press/Agency which he is representing and joins another Press/Agency, he may not be extended the privileges of an accredited press representative unless he seeks fresh accreditation by making appropriate application in accordance with the norms.

CHAPTER XXII MISCELLANEOUS

A : List of Subject Categories

All the judicial matter pending to be instituted in the High Court of Chhattisgarh shall be categorized under the following head : -

 

B : Listing Proforma

 

 

Advocate for the Petitioner(s)/Appellant(s)/Respondent(s)

Date :.............

C : Check List

 

D : Mandatory Points to be Checked

(1)     Certified copy of the impugned judgment has been filed and if certified copy is not available, application for exemption from filing certified copy has been filed.

 

(2)     The petition and the applications have been signed by the advocates/petitioner in person.

 

(3)     An affidavit of the petitioner properly attested and identified has been filed.

 

(4)     Memo of Appearance has been filed.

 

(5)     Vakalatnama properly executed by the petitioner and duly accepted by the Advocate has been filed.

 

(6)     Proper court fee has been paid.

 

(7)     Proper and required numbers of sets have been filed.

 

(8)     Brief list of dates/events has been filed.

 

(9)     An application for condonation of delay has been filed if the matter is barred by limitation.

 

(10)   Typed copies of hand written/illegible documents, annexures.

 

(I)     Writ Matters

(1)     Whether Writ Petition has been drafted in accordance with rule i.e. separate synopsis with date in chronological order, and whether grounds have been raised separately. Index with proper pagination.

 

(2)     Whether the Writ Petition has been filed forming Part-I and Part-11 as per rule.

 

(3)     P.I.L. matter; whether -

(a)      The petition is accompanied by an application seeking leave for waiver of locus stand.

 

(b)      The petitioner has made a statement to the effect that he has no personal/individual interest in the subject, and if he has personal/ individual interest, he has disclosed it i.e. the petition falls within the group or society or community for whose benefit the PIL has been filed.

 

(c)      Earlier public spirited antecedent of the petitioner, if any.

 

(d)      The petitioner has submitted proof of deposit of security amount Rs. 5,000/-, if not, application for exemption from depositing security amount.

(II)   Criminal Matters

(1)     Whether –

(a)      Appeal/application/revision has been drafted in accordance with the rules ?

 

(b)      In case of appeal/revision against sentence whether the accused has surrendered to sentence.

 

(c)      Has been accompanied by certified copy of order appealed against and spare copy as per rule except where the accused person is in duress.

 

(d)      In case of revision against charge: - Whether the petition is accompanied by : -

(i)       Copy of charge sheet/copy of F.I.R.

 

(ii)      Copy of order.

 

(iii)     Copies of statement recorded under Sections 161 and 164 of the Cr. P.C.

 

(iv)    Medical report in case of bodily injury.

 

(v)      Copy of any other material document.

(III)    Bail Matters Anticipatory bail application

(1)     Affidavit of the petitioner or of any person acquainted with the facts, ventilating "Reasonable belief'.

 

(2)     Certified copy of earlier order (in case of subsequent bail petition).

 

(3)     Certified copy of order of Sessions Judge.

Petition under Section 439

(1)     Name of Police Station.

 

(2)     Crime Number.

 

(3)     Offence punishable under Section.

 

(4)     Certified copy of order passed by Sessions Judge.

Arising out of Order passed in pending case :

(1)     Certified copy of order passed by the trial Court.

Application disposed of with a direction to approach again :

(1)     Earlier order passed by the High Court.

(2)     Copy of order passed by the trial Court.

(IV)  Petition under Section 482 of the Code of Criminal Procedure For quashing : -

(A)     Copy of F.I.R.

 

(B)     Copy of Challan.

 

(C)     Copy of proceedings.

(V)    Criminal Revision (Against Charge)

(1)     Certified copy of order.

 

(2)     Copy of charge.

 

(3)     Medical report (in bodily injury case)

 

(4)     Documents submitted by prosecution along with challan.

 

(5)     Copies of statement of prosecution witness.

 

(6)     Copy of F.I.R.

 

(7)     Copy of charge-sheet.

Arising out of private complaint:

(1)     Copy of order sheets.

 

(2)     Copy of complaint.

 

(3)     Copies of documents filed along with complaint.

(VI)  Criminal Appeal

(1)     Certified copy of judgment of conviction and order of sentence.

In case appeal is barred by limitation : Affidavit in support of application.

(VII)   Leave to Appeal

(1)     Copy of judgment.

 

(2)     Copy of statement of P.W.s

 

(3)     Other relevant exhibited documents.

I. Every application for restoration of appeal or application, dismissed for default of appearance, shall be accompanied by an affidavit stating the circumstances in which such default was made, and whether or not the party whose appeal or application was dismissed had previously to such dismissal, engaged an advocate to conduct the appeal or application.

 

(VIII) Second Appeal

(a)      Certified copy of judgment and decree of the first appellate Court.

(b)      Judgment and decree of the trial Court.

(IX)  First Appeal

I.         Certified copy of judgment and decree appealed from :

(a)      M.A. (for enhancement): certified copy of award.

 

(b)      M.A. (appeal against award by a party against whom award is passed) : Certified copy of the award. Receipt of deposit of 50% of award or Rs. 25,000/-whichever is less.

 

(c)      If the appeal is by Insurance Company then certified copy of order passed under Section 170 of the Motor Vehicles Act.

(X)    Civil Revision

(1)     Certified copy of the order.

Format of Writ Petition

 

[See Rule 50]

 

In The High Court Of Chhattisgarh At Bilaspur

 

Writ Petition No.............of.......

 

 

Writ Petition under Article 226/227 of the Constitution of India

(1)     Particulars of the petitioner.

 

(2)     Particulars of the respondents.

 

(3)     Particulars of the order against which the petition is made.

 

Subject matter in brief.

(4)     Delay, if any, in filing the petition.

(5)     Facts of the case

(6)     Grounds (Distinct grounds to be raised separately)

 

(7)     Relief (s) sought

 

(8)     Interim relief, if any

 

(9)     Details of remedies exhausted

 

(10)   Matter not previously filed or pending with any other court of law

 

(11)   List of documents as per rule

 

(12)   List of documents as per rule

 

Counsel for the Petitioner

 

Place:

 

Dated :

 

Format For Filing Of Public Interest 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).

(1)     Particulars of the petitioner (same as format of writ petition).

(2)     Particulars of respondent (same as format of writ petition).

(3)     (A) Particulars of the order against which the petition is being preferred.

(B) Subject matter in brief.

(C) (I)The present petition under Article 226 of the Constitution of India is being filed by way of public interest litigation and the petitioner has no personal interest (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).

(II) That the petitioner is (give short background of the petitioner; if the petitioner is an organization, the names of the office-bearers must be furnished). The petitioner has earlier filed/not filed any other public interest petition (if filed, details of such PIL filed including the case number and the court, status and brief description of the order passed must be given. It must also be stated whether in any of such cases any cost has been awarded for or imposed against the petitioner; and whether any appreciation or stricture has been passed)

(III) That the petitioner is filing the present petition on his own and not at the instance of someone else. The litigation cost, including the advocate's fee and the travelling expenses of the lawyer, if any, are being borne by the petitioner himself (if not, the petitioner must disclose the source of funds).

(IV) The source of information of the facts pleaded in this Public.

(V) 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 source, he may say so with reasons).

(VI) That the petitioner has/has not sent representation in this regard, (if yes, details 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 representation). That to the best of knowledge of the petitioner, no public interest petition (whether filed by the petitioner himself or by someone else) raising the same issue is filed before this Hon'ble Court or before any other Court, (if filed, details thereof).

(4)     Delay, if any, in filing the petition.

(5)     Facts of the case.

(6)     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 statute must be quoted and administrative instruction must be filed.

(7)     Relief(s) Sought.

(8)     Interim Relief, if any.

Specify grounds for grant of interim relief and the nature of urgency involved.

(9)     Details of remedies exhausted.

(10)   Matter not previously filed or pending with any other court of law.

(11)   List of documents as per rule.

(12)   List of documents as per rule.

Counsel for the Petitioner

 

Place :

 

Dated :

 

Format M. Cr. C. 438 Cr. P.C. (Anticipatory)

 

In The High Court Of Chhattisgarh At Bilaspur (Chhattisgarh)

Misc. Cr. Case No........../Year

 

Application under Section 438 of the Code of Criminal Procedure

 

 

The applicant named above respectfully begs to submit as under : -

 

1.        That the applicant had preferred an application under Section 438 Cr. P.C. for anticipatory bail before the learned lower Court, which has been rejected by the lower Court vide order dated..................in bail application No............A copy of the same is being annexed herewith as Annexure –

 

2.        That this is the First/Second bail application before this Hon'ble Court. No other application of the nature is pending before this Hon'ble Court or before the Court below.

 

3.        That the applicant is apprehending his arrest in connection with the Crime No...........registered at Police Station...........for an alleged offence punishable under Section..............of I.P.C.

 

4.        The petitioner has following pending/decided criminal case against him................(if non-say nil).

 

5.        That as per prosecution story...........................................

Grounds

 

6.        That the applicant is ready to abide by all the directions and conditions which may be imposed by this Hon'ble Court while granting bail.

 

7.        That the applicant is permanent resident of.............................

 

Prayer

 

It is therefore, prayed that this Hon'ble Court may kindly be pleased to order release of the applicant on bail in the event of arrest for the above mentioned offence.

Counsel for the applicant

 

Place :

 

Dated :

 

In The High Court Of Chhattisgarh At Bilaspur (Chhattisgarh)

Misc. Cr. Case No..................../Year

 

Affidavit

 

I..........................S/o..............aged........years R/o...................... District...................do hereby state on oath as under : -

 

(1)     That, this is the First/Second bail application of the applicant before this Hon'ble Court. No other application of the nature is pending either before this Hon'blc Court or Court below.

 

(2)     That, I am the applicant in the instant petition and as such I am fully conversant with the facts of the case.

 

(3)     That, I have engaged Mr Advocate as my counsel to move and argue the bail application before this Hon'ble Court on my behalf.

 

(4)     That the statement of facts in bail application are true to my personal knowledge.

Verification

 

I the deponent, do hereby verify that the contents of the affidavit from paras 1 to 4 are true to my personal knowledge.

 

Verified and signed on this day of at......................Identified by me:

 

Format M. Cr. C. 439 Cr. P.C. (Regular Bail)

 

In The High Court Of Chhattisgarh At Bilaspur (Chhattisgarh)

Misc. Cr. Case No.........../Year

 

Application under Section 439 of the Code of Criminal Procedure

 

 

The applicant named above respectfully begs to submit as under : -

 

(1)     That this is the First/Second bail application before this Hon'ble Court. No other application of the nature is pending before this Hon'ble Court or before the Court below.

 

(2)     That the applicant had preferred an application under Section 439 Cr. P.C. for his release on bail before the learned Sessions Court, which has been rejected by the lower Court vide order dated in bail application No..........A copy of the same is being annexed herewith as Annexure.

 

(3)     That the applicant has been arrested by Police of Police Station...............on for an alleged offence punishable under Section of I.P.C.

 

(4)     That I am applicant's Relative and I am fully conversant with the facts of the case and authorized by the applicant to move an application for his release on bail.

 

(5)     That as per prosecution story..................................................

Grounds

(6)     ................................................................................

 

(7)     That the applicant is permanent resident of....................

 

(8)     That the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Hon'ble Court.

Prayer

 

It is therefore, prayed that this Hon'ble Court may kindly be pleased to grant bail to the applicant.

 

 

In The High Court Of Chhattisgarh At Bilaspur

 

(Chhattisgarh)

 

Misc. Cr. Case No..................../Year

 

Affidavit

 

I............................S/o.............aged............years R/o............... District.....................do hereby state on oath as under : -

(a)      That, I am applicant's Relative and conversant with the facts of the case. I am authorized by the applicant to move an application for his release on bail.

 

(b)      That, I am authorized by the applicant to swear this affidavit on his behalf in support of the bail application.

 

(c)      That, this is the First/Second bail application of the applicant before this Hon'ble Court. No other application of the nature is pending either before this Hon'ble Court or Court below.

 

(d)      That, I have engaged Mr..............Advocate as applicant's counsel to move and argue the bail application before this Hon'ble Court on his behalf.

 

(e)      That the contents of the bail application are true to my personal knowledge.

Verification

 

I.......the deponent, do hereby verify that the contents of the affidavit from paras 1 to 5 are true to my personal knowledge.

Verified and signed on this day of at.....................Identified by me:

 

The Schedule

 

Forms

 

Form No. 1

 

Petition for Probate of a Will

 

[See Rule 381 (3 & 4)]

 

(Title)

 

Petition for Probate of the Will of (a) Deceased Petitioner

 

States-

 

(1)     That the above-named (b) died. At on or about the day of 200...............

 

(2)     That the said Deceased at the time of his death left (c) property within the Chhattisgarh.

 

(3)     That the writing hereto annexed is the last will and Testament of the said.............

 

(4)     That the said will was duly executed (d) on the day of.........................200........

 

(5)     That the petitioner is the Executor (e) named in (f) the said will.

 

(6)     The petitioner has truly set forth in Annexure I to his affidavit of valuation filed herewith all the property and credits which the deceased died possessed of or entitled to at the time of his death which have or are likely to come to his hands and so far, as the petitioner has been able to ascertain or is aware there are no property and credits other than what are specified in Annexure I aforesaid.

 

(7)     That the petitioner has also truly set forth in Annexure II to his affidavit aforesaid (g) all the items that by law he is allowed to deduct.

 

(8)     That the said assets exclusive of what the deceased may have been possessed of or entitled to as a trustee for another and not beneficially or with power to confer a beneficial interest, and also exclusive of the items mentioned in the said Annexure II but inclusive of all rents interests and dividends and increased value since the date of his death are under the value of Rs...........

 

(9)     That the said Deceased left him serving the following relatives as his only next of kin according to (h) law: -

 

(i)       (Set out full names and address showing

 

(ii)      relationship of each to the deceased and

 

(iii)     also specifying who are minors).

(10)   That no (i) application has been made to any District Court or to any other High Court for probate of any Will of the said District or for Letters of Administration with or without the Will annexed to his property and credits.

 

(11)   That the petitioner hereby undertakes duty to administer the property and credits of the said and in any way concerning his Will by paying first his debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of grant of probate to the petitioner and also to render to this Court a true account of the said property and credits within one year from the said date.

The petitioner prays that probate may be granted to him having effect throughout the Chhattisgarh. (j)

 

I................the petitioner above named do solemnly declare that what is stated in paragraphs is true to my own knowledge and that what is stated in paragraphs............is true to information received from and believed to be true.

 

Petitioner

 

(a)      Insert name in full and profession, if Deceased was a bachelor or spinster that should be stated.

 

(b)      Insert name of the Deceased.

 

(c)      Or, had a fixed place of abode within.

 

(d)      State where.

 

(e)      Or, one of the executors.

 

(f)       Or, according to the tenor thereof.

 

(g)      I Full particulars of debts due by the estate Including name of creditors, of claim and the dates when they became due must be given in the Schedule.

 

(h)     Here state what law.

 

(i)       Or, if made, state to what Court, by what person and proceedings has been had.

 

(j)       Or, throughout the territory of India.

Form No. 2

 

Affidavit of Attesting Witnesses

 

[See Rule 381 (4)]

 

In the Matter of the petition for Probate of the last Will and Testament of Deceased

 

Affidavit

 

I of make oath (or solemnly affirm) and say as follows –

 

(1)     That I knew and was well acquainted with the Deceased above-named.

 

(2)     That on the day of I was present together with at.............................and we did then and there see the said Deceased set and Subscribe his name at foot, of the Testamentary paper in the language and character hereunto annexed and marked with the letter "A" and declare and publish the same as and for his last Will and Testament.

 

(3)     That thereupon 1, the Deponent and the said did at the request of the said Deceased and in his presence and in the presence of each other all being present at the same time set and subscribe our respective names and signatures at foot of the said testamentary paper as witnesses thereto.

 

(4)     That the name and signature subscribed at foot of the testamentary paper as of the party executing the same is in the paper handwriting of the said Deceased and the name, signature and additions also subscribed and written at foot of the said testamentary paper as of the parties attesting execution of the same are in the proper respective hand writings of the said and of me this Deponent respectively.

 

(5)     That at the time of the said Deceased so subscribed his name and signature to the said Wills as aforesaid the said Deceased was of sound and disposing mind, memory and understanding, and to the best of my belief made and published the same of his free will and pleasure.

Declarant

 

Sworn before me on the day of 20 by son of who is personally known to me (or) who has been identified by whose signature is/signatures are thereto appended.

 

(Seal) .......

 

(Signature)

 

(Designation)

 

Form No. 3

 

Schedule of Property of the Deceased

 

[See Rule 381 (4) (iii)]

 

(Title)

 

Petition for Petitioner

 

Annexure A.

 

Valuation of the movable and immovable property

 

 

Annexure B

 

Schedule of debts etc.

 

 

(a)      Full particulars of debts with names of creditors and dates of debts must be given.

 

Form No. 4

 

Petition for Letters of Administration

 

[See Rule 381 (5-Form No.-4)]

 

(Title)

 

Petition for Letters of Administration of the Property, and, Credits of (a) Deceased Petitioner.

 

States –

 

(1)     That the above named died at on or about the day of 20......................

 

(2)     That the said Deceased at the time of his death left (b) property within the Chhattisgarh.

 

(3)     That the said Deceased died intestate and that due and diligent search has been made for a Will but none has been found.

 

(4)     That the said Deceased left him surviving as his only next-of kin (or, the following legal representatives) according to (c) law. (Set out the full names and addresses showing the relationship of each to the Deceased and specifying who are minors.)

 

(5)     That the Petitioner (d) of the Deceased claims to be entitled to a share of his estate.

 

(6)     That the petitioner has truly set forth in Annexure I to this affidavit of valuation filed herewith all the property and credits which the deceased died possessed of or entitled to at the time of his death which have or are likely to come to the petitioner's hands, and, so far as the Petitioner has been able to ascertain, or is aware, there is no property and credits other than what are specified in Annexure I aforesaid.

 

(7)     That the petitioner has also truly set forth in Annexure II to his affidavit, aforesaid (e) all the items that by law he is allowed to deduct.

 

(8)     That the said assets exclusive of what the Deceased may have been possessed of or entitled to as a trustee for another and not beneficially or with power to confer a beneficial interest and also exclusive of the items mentioned in the said Annexure II, but inclusive of all rents, interest and dividends and increased value since the date of his death are under the value of Rs............

 

(9)     That the (0 application has been made to any District Court or to any High Court for Probate of any Will of the said Deceased or Letters of Administration with or without the Will annexed to his property and credits.

 

(10)   That the Petitioner hereby undertakes duly to administer the property and credit of the said Deceased and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of the grant of Letters of Administration to him and also to render to this Court a true account of the said property and credits within one year from the said date.

 

The Petitioner, therefore, prays that Letters of Administration, may be granted to him having effect throughout the Chhattisgarh. (g).

 

I the petitioner above-named, do solemnly declare that what is stated in paragraphs is true to my own knowledge and that what is stated in paragraphs is true to information received from and believed to be true.

 

........................
Petitioner.

 

(a)      Insert name in full and profession. If Deceased bachelor or spinster that should be stated.

 

(b)      Or had a fixed place of abode within.

 

(c)      Here state what law.

 

(d)      State the relationship to the Deceased.

 

(b)      Full particulars of debts due by the estate including names of creditors, amounts of claims and the dates when they became due must be given in the Schedule.

 

(e)      Or if made state to what Court by what person and what proceedings have been had.

(f)       Or throughout the territory of India.

Form No. 5

 

Petition for Letters of Administration with Will annexed

 

[See Rule 381 (6)]

 

(Title)

 

Petition for Letters of Administration with Will annexed of the Property and Credits of (a) Deceased Petitioner.

 

States -

(1)     That the above named......................(b) died at on or about the day of 20.

 

(2)     That the said Deceased at the time of his death left (c) properly within the Chhattisgarh.

 

(3)     That the writing hereto annexed and marked 'A' in his last Will and Testament.

 

(4)     That the said Will was duly executed (d) on the day of...........................20........

 

(5)     That by the said Will the Deceased appointed (e) sole Executor thereof, but he has since died, namely on the day of 20 without proving the said Will, and that the Petitioner is the (f) of the Deceased.

 

(6)     That the Petitioner has truly set forth in Annexure 1 to his affidavit of valuation filed herewith all the property and credits which the Deceased died possessed of or entitled to at the time of, his death which have or are likely to come to his hands, so far as the petitioner has been able to ascertain, or is aware, there are no property and credits other than what are specified in Annexure 1 aforesaid.

 

(7)     That the petitioner has also set forth in Annexure II to his affidavit aforesaid (g) all the items that by law he is entitled to deduct.

 

(8)     That the said assets, exclusive of what the Deceased may have been possessed of or entitled to as a trustee for another or others and not beneficially or with power to confer a beneficial interest, and also exclusive of all rents, interest and dividends and increased value since the date of the De-ceased's death are under the value of Rs.................

 

(9)     That the said Deceased left him surviving the following relatives as his only next-of-kin according to (h) law: -

 

(i)       .................. (Set out names and addresses showing;

 

(ii)      .................. relationship of each to the Deceased; and

 

(iii)     .................. also specifying who are minors).

(10)   That no (i) application has been made to any District Court or to any other High Court for probate of any Will of the said Deceased or Letters of Administration with or without the Will annexed to his property and credits.

 

(11)   That the Petitioner hereby undertakes duly to administer the property and credit of the said and in any way concerning his Will by paying first his debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of grant of Letters of Administration to the Petitioner and also to render to this Court a true account of the said property and credits within one year from the said date.

 

The Petitioner prays that Letters of Administration with the said Will annexed may be granted to him as the.................of the said Deceased having effect throughout the Chhattisgarh (j).

 

I.............the Petitioner above-named do solemnly declare that what is stated in paragraphs........is true to my own knowledge and what is stated in paragraphs..............is true to information received from and believed to be true.

.....................

Petitioner

 

(a)      Insert name in full and profession. If Deceased was a bachelor or spinster that should be stated.

 

(b)      Insert the name of the Deceased.

 

(c)      Or had a fixed place of abode within.

 

(d)      State where.

 

(e)      Or no executer as the case may be.

 

(f)       Enter relationship.

 

(g)      Full particulars of debts due by the estate including names of creditors, amounts of claims and dates when they become due must be given in the Schedule.

 

(h)     Here state what law.

 

(i)       Or, state If prior application made.

 

(g)      Or throughout the territory of India.

Form No. 6

 

[See Rule 381]

 

Petition for Succession Certificate in respect of certain sureties/debts belonging to deceased

 

In The High Court Of Judicature At Bilaspur.

 

Testamentary and Intestate Jurisdiction

.......................................................................................................................Petitioner

 

States –

 

(1)     That the above-named died at in or about the day of 20...

(2)     That the said Deceased died intestate and that due and diligent search has been made for a Will but none has been found.

Or

(3)     The said deceased leaving a Will dated and executed at a copy of which is hereto annexed and marked 'A'.-

 

(4)     That the said Deceased at the time of his death left him surviving his only next-of-kin according to (a) law residing at –

 

(5)     That the petitioner as (b) of the Deceased claims to be entitled to a share of the estate.

 

(6)     That there is no impediment under Section 370 of the Indian Succession Act, 1925 or under any other provision of this Act or any other enactment to the grant of the certificate or the validity thereof, if it were granted.

 

(7)     That the Petitioner has truly set forth in Schedule I hereto be securities in respect of which the certificate is applied for. The Succession Certificate is required for purpose of (c) The said assets in respect of which the Succession Certificate is required are under the value of Rs...........

(8)     That no application has been made to any District Court or Delegate or to any High Court for Probate of any Will of the said Deceased or for Letters of Administration with or without the Will annexed to his property and credits.

 

(9)     That no application for Succession Certificate in respect of any debt or security belonging to the estate of the Deceased has been (d) made to any District Court or Delegate or to any High Court.

The Petitioner, therefore, prays that a Succession Certificate may be granted to the Petitioner in respect of debts and securities set forth in Schedule I hereto with power to........

 

I the Petitioner above named, do solemnly declare that what is stated in paragraphs is true to my knowledge and that what is stated in the remaining paragraphs is true to information received from and believed to be true.

.............................

Petitioner

 

(a)      State Law.

 

(b)      State relationship to the Deceased.

 

(c)      Mention the purpose for which the certificate is required.

 

(d)      Or if made, state to what Court, by what person and what proceedings have been taken.

Form No. 7

 

[See Rule 381]

 

Petition for succession certificate in respect of certain Securities belonging to Deceased.

 

In the High Court of Judicature at Bilaspur

 

Testamentary and Intestate Jurisdiction.

........................................................................................Petitioner

I..................................................undertake that I will well and truly administer the securities (or debts) comprised in the Succession Certificate to be granted to me and that, I will render a true account thereof unto, the High Court of Judicature at Bilaspur within one Year from the date of grant to be made to me or within such further time as the Court may from time to time appoint.

 

.............................
Petitioner

 

Form No. 8

 

[See Rule 3811]

 

Certificate that Court Fee has been made

 

I hereby certify that intimation has been received by this Court from any other High Court or any District Court of any grant of Probate of any Will or Letters of Administration of the property and credits of the above named deceased having effect through out the territory of India.

 

Dated this day of 20.................

..................

Registrar

 

Form No. 9

 

[See Rule 381]

 

Certificate that Court-fee has been paid

 

I hereby certify that the ad valorem fee prescribed by Schedule I clause II of the Court-fees Act, 1870, amounting to Rs has been paid.

 

Dated this day of 20........................ ..................

Registrar

 

Form No. 10

 

[See 393 (22 & 23)]

 

Citation (Ordinary Form)

 

(Title)

 

Citation

 

Whereas an application (a copy whereof is attached) has been made to this Court by of for the grant of Probate of the Will/Letters of Administration to the estate/Succession Certificate in respect of any debt or securities belonging to the estate of the Deceased who died at..................on the day of 20..................

 

And whereas the....................day of 20....... has been fixed for hearing the said application This Citation is issued calling upon you, should you claim to have any interest in the estate of said Deceased to come and see the proceedings before the grant of Probate (or Letters of Administration, or Succession Certificate)

 

Given under my hand and the seal of the Court this day.................of 20.......

Advocate of applicant

 

Deputy Registrar

 

To,

.........................

............................

 

Form No. 11

 

[See Rule 381]

 

Citation (By Advertisement)

 

(Title)

 

Citation

 

Whereas application has been made of for the grant of Probate of the Will/Letters of Administration to the estate/Succession Certificate in respect of any debt or securities belonging to the estate of the deceased who died at on 20...................

 

And whereas the day of 20 has been fixed for hearing of the said application. This citation is issued calling upon all persons claiming to have any interest to come and see the proceeding if they think fit before the grant of Probate (or Letter of Administration or Succession Certificate).

 

Given under my hand the seal of the Court this day of 20..................

 

Deputy Registrar

 

Form No. 12

 

[See Rule 3811]

 

Bond (Ordinary Form)

 

(Title)

 

Bond

 

Know all men by these presents that we, A. B of C. D. of......................and E. F. of..............are held and firmly bound unto the Hon'ble..............the Chief Justice of the High Court of Judicature at Bilaspur, in the sum of Rupees.............of good and lawful money to be paid to the said Hon'blc the Chief Justice of the said High Court for the, time being for which payment we do hereby bind ourselves, each of us binds himself for the whole, our and each of our heirs, executors, and administrators, unto the said Hon'ble the Chief Justice, his successor in office, or assigns firmly by these presents.

 

Signed and dated the................day of...............Two Thousand and............... The condition of the above written obligation is such that of the above bound in the administrator(s) of the property and creditors of.................... Deceased do make or cause to be made a full and true inventory, of all the estate of the said Deceased which has or shall come to the hands, possession, or knowledge of him/them the said Administrator(s) or into the hands of any other person or persons for him/them, and the same so made do exhibit or cause to be exhibited into the High Court at or before the day of next ensuing or within such further time as the Court may from time to time appoint.

 

And the same estate, and all other estate of the said Deceased at the time of his/her death, which, at any time after, shall come to the hands or possession of the said Administrator(s) or of any other person or persons for him/them do administer according to law.

 

And further do make, or cause to be made, a true and just account of his/their said administration at or before the day of..............One Two Thousand and...................or within such further time as the said High Court may from time to time appoint. All the rest and residue of the said estate shall deliver and pay into such person or persons respectively as shall be lawfully entitled in such residue. (And if it shall hereafter appear that any last Will was made by the said Deceased and the executor or executors therein named to exhibit the same into the said High Court, if the said Administrator(s) being thereunto required to render and deliver the said Letter of Administration to him/them granted (approbation of each Will being first had and made in the said Court) then this obligation to be void and of no effect, else to remain in full force.

 

Signed by the said A.B.C.D. and E.F. in the presence of...,...........

 

Form No. 13

 

[See Rule 3811]

 

Bond (Insurance Co.)

 

(Title)

 

Bond

 

Know all men by these presents that I,.................and we..............Insurance Co. Limited carrying on business in the Chhattisgarh at..................... through ............ (hereinafter called the Company) are held and firmly bound unto the Hon'ble the Chief Justice of the High Court of Judicature at Bilaspur, in the sum of Rupees..................of good and lawful money to be paid to the said Hon'ble.................the Chief Justice of the said High Court for the time being for which payment I the said do hereby bind ourselves, for the whole my heirs, executors, and administrators, and we the company for ourselves and our successors do bind and oblige ourselves for the whole unto the said Hon'ble the Chief Justice, his successor in office, or assigns firmly by these presents and we the Company do hereby submit ourselves to the Jurisdiction of the said High Court. Signed by the said and also sealed with the seal of the said Company and dated the.............day of..............Two Thousand and.....................

 

The condition of the above written obligation is such that if the above bounden the administrator(s) of the property and creditors of Deceased do make a full and true inventory, of all the estate of the said Deceased which has or shall come to the hands, possession of any other person or persons for him/them, and the same so made do exhibit or cause to be exhibited into the High Court, at or before the................day of.......... next ensuing or within such further time as the Court may from time to time appoint.

 

And the same estate, and all other estate of the said Deceased at the time of his/her death, which, at any time after, shall come to the hands or possession of the said Administrator(s) or of any other person or persons for him/them do administer according to law.

 

And further do make, or cause to be made, a true and just account of his/their said administration at or before the..............day of.............Two Thousand and............. or within such further time as the said High Court may from time to time appoint.

 

All the rest and residue of the said estate shall deliver and pay into such person or persons respectively as shall be, lawfully entitled in such residue.

 

(And if it shall hereafter appear that any last Will or testament was made by the said Deceased and the executor or executors therein named to exhibit the same into the High Court making request to have it allowed and approved accordingly, if the above bounded being thereunto required, do render and deliver the Letters of Administration to him/them granted (approbation of such testament being first had and made in the said High Court) then this obligation to be void and of no effect, else to remain in full force.

 

Signed by the said "........................in the presence of..Signed on behalf of the said Company by................and in the presence of...............

 

Form No. 14

 

[See Rule 381]

 

Inventory (Title)

 

Inventory

 

(To be filed within six months from grant of probate or letters of administration) __________________

 

Property in possession of executor or Administrator

 

 

 

 

Form No. 15

 

[See Rule 381]

 

Account (Title)

 

Account

 

(To be filed within one year great of probate or letter of administration)

 

 

Form No. 16

 

[See Rule 381]

 

Caveat

 

(Title)

 

Caveat

 

.............................................................................. – Caveator

 

(Name, address, description and occupation of Caveator).

 

Sir,

 

Let nothing be done in the matter of the estate of the above named deceased, who filed at on or about the.................day of.......20... without due notice to the above-named Caveator.

 

Yours faithfully,

 

Dated at.............day of..................20...

 

Advocate for the Caveator.

 

Form No. 17

 

[See Rule 381]

 

Notice of a Caveat

 

(Title)

 

To,

 

Advocate for the petitioner

 

Take notice that on the day of..................20......a caveat was filed in this Court in the above petition by..................