RULES RELATING TO PROCEEDINGS IN THE HIGH COURT MADE UNDER THE AUTHORITY OF CONSTITUTION OF INDIA, THE LETTERS PATENT, AND THE ACTS OF PARLIAMENT

(HIGH COURT RULES AND ORDERS)

High Court Rules and Orders, Vol. 5

CHAPTER 1 Judicial Business

PART A

(a) The Presentation and Reception of Appeals, Petitions and Applications for Review and Revision

1. To be deposited in petition box during court hours.

All ordinary appeals, petitions and applications for review or revision, written state­ments, affidavits or other documents, sought to be presented shall be presented by litigants or their Advocates by depositing them in the petition box of the Court outside the room of the Deputy Registrar between the hours of 10 a.m. to 4 p.m. on every day which is not a court holiday. Petitions sent by litigants through post for taking some judicial action shall not be entertained by this court but returned per bearing post

Urgent and transfer application to be presented personally.

Appeals, applications, etc., accompanied by petition to be treated as urgent, as well as transfer applications, petitions for Writs and for Habeas Corpus which are ipso facto treated as urgent may be presented personally to the Reader to the Deputy Registrar on any working day during court hours. Civil writs and transfer applications in civil cases are not, however, treated as urgent during the period the High Court is closed for the long vacation unless accompanied by a petition to be treated as urgent.

No appeal' petition or application shall be received unless presented during the court hours from 10 a.m. to 4 p.m.

2.   

(a)      Every memorandum of appeal, and every application, written statement, affidavit, annexures to writ petitions, etc. shall be in the English language and shall be typed in double spacing on one side of the paper only on water marked plain paper, unless a printed form is prescribed for the purpose by the High Court. It shall be headed "in the High Court of Delhi at Delhi (place)” and signed by the appellant or applicant or by an Advocate entitled as of right to practise in the High Court on his behalf. The original typed copy and not the carbon copy shall be filed in duplicate, the duplicate copy shall be the first carbon copy. No memorandum or application or copy thereof will be entertained unless it is legible.

(b)      Every memorandum of appeal shall be accompanied by copies of the decree end judgment as prescribed by Order XLI, Rule 1 of the Civil Procedure Code. In the ase of Second Appeals, in addition to the documents prescribed by Order XLI, Rule 1 of the Code, memorandum shall be accompanied by a copy of the judgment of the Court of first instance unless the appellate court dispenses therewith. In all cases which re within the competence of Division Bench motion, duplicate type written copies of lemo of appeal or revision and other essential documents shall be furnished by the Dpellant or applicant, as the case may be, both in Civil and Criminal cases.

3. Section and enactment to be specified.

Every memorandum of appeal or application shall specify the section of the enact­ment under which the appeal or application lies. The Deputy Registrar is authorised to refuse to receive any memorandum of appeal or application which does not comply with this rule.

4. Letters Patent appeals—Time within which to be filed and documents to accompany.

No memorandum of appeal preferred under clause 10 of the Letters Patent shall be entertained if presented after the expiration of -30 days from the date of the judgment appealed from, unless the admitting Bench in its discretion, for good cause shown, grants further time for the presentation. Such memorandum of appeal need not be accompanied by a copy of the judgment appealed from, but a memorandum of appeal for which a certificate is required under clause 10, must contain a declaration to the effect that the Judge, who passed the judgment has certified that the case is a fit one for appeal. The time spent in obtaining the certificate from the Judge (including the date of application and the date on which the Judge passed the order) shall be excluded in computing the period of limitation. Section 12 of the Indian Limitation Act governs an appeal under the Letters Patent and the appellant in such a case is entitled to exclude the “time requisite” for obtaining a copy of the judgment appealed against (whether such copy is filed or not) even though under the Rules of the Court no copy of the judgment is required to be filed with the memorandum of appeal [Vide I.L.R. 1941, Lahore 191 (F.B.).]

5  

(1)     The Deputy Registrar Assistant Registrar, In-charge of the Filing Counter, may specify the objections (a copy of which will be kept for the Court Record) and return for amendment and re-filing within a time not exceeding 7 days at a time and 30 days in the aggregate to be fixed by him, any memorandum of appeal, for the reason specified in Order XLI, Rule 3, Civil Procedure Code.

(2)     If the memorandum of appeal is not taken back for amendment within the time allowed by the Deputy Registrar/Asstt Registrar, in charge of the Filing Counter under sub-rule (1), it shall be registered and listed before the Court for its dismissal for non-prosecution.

(3)     If the memorandum of appeal is filed beyond the time allowed by the Deputy Registrar/Asstt. Registrar in charge of the Filing Counter, under sub-rule (1) it shall be considered as fresh institution.

NOTE: The provisions contained in Ruies 5(1), 5(2) and 5(3) shall mutatis mutandis apply to all matters, whether Civil or Criminal[[1]].

6. Particular ground to be specified in petition for revision.

A petition to the High Court to exercise the powers conferred by section 44 of the Punjab Courts Act shall specify the particular ground on which the aid of the High Court is invoked—

(a)      if the ground be that the Court which decided the case exercised a jurisdiction vested, the jurisdiction which ought, in the petitioner’s opinion, to have, and has not, been exercised shall be clearly set out;

(b)      if it be that the Court acted in the exercise of its jurisdiction with material irregularity, the particular irregularity or irregularities complained of shall be similarly set out.

7. Documents to accompany such petition.

Every such petition shall be stamped as required by law and shall be accompanied by a copy of the decree or order in respect of which such application is made and by a copy of the judgment upon which such decree is founded.

Documents to accompany petitions for revision of decree or order of appellate court

In the case of petitions for revision of the decree or order of an appellate court, a copy of the judgment or order of the court of the first instance shall also be filed.

8. Petition for revision of Small Cause Court decrees to specify the error in law.

A petition to exercise the power conferred by section 25 of the Provincial Small Cause Courts Act, 1887, shall specify in what particular the decree or order of the Small Cause Court is not according to law.

9. Power to return petition for amendment.

The Deputy Registrar is authorised to return for amendment, within a time to be specified in an order to be recorded by him on the petition, any petition not drawn up in conformity with the foregoing directions.

10. Application for review to contain a certificate that there are sufficient grounds.

Every application for review of a judgment or order of a Division Bench, or of a Single Bench of the High Court presented by an Advocate shall be signed by him and he shall certify that the grounds contained therein are good and sufficient grounds for the review sought. No Advocate shall be heard in support of an application for review of any such judgment or order unless and until he has certified in the manner above prescribed the grounds already taken or any amended grounds of application.

11. Court fees.

No petition, memorandum of appeal or other document, which ought to bear a stamp under the Court Fees Act, 1870, shall be received in the Court until it is properly stamped.

12. Taxing Officer.

The Chief Justice has been pleased to declare that the Registrar of the High Court shall be the Taxing Officer' within the meaning of section 5 of the Court Fees Act.

13. Improperly stamped document remains invalid unless filed through mis­take and time extended for making up deficiency.

Attention is drawn to the provisions of sections 4 and 28 of the Court Fees Act, and it must be understood in connection with section 5 of the Indian Limitation Act that an improperly stamped document even though received, filed or used in the Court remains invalid, unless it is proved to the satisfaction of the Court that it was so filed or used through mistake or inadvertence, and time is extended for making up the deficiency in the Court fees.

14. Power to impound documents not duly stamped.

The Deputy Registrar is authorised to examine and impound under section 33(2)(b) of the Indian Stamp Act, 1899, any instrument not duly stamped.

15. 

If admitted, the records in Civil Revisions, First Appeals from Orders, Second Appeals from Orders, Execution First Appeals and Execution Second Appeals should be sent for automatically; provided that where the case is proceeding in the lower court, the Bench admitting the case for hearing may direct that the record of the lower courts may not be sent for.

(b) Presentation of petitions for Revision in Criminal Cases and Certain Other Criminal Matters

1. To be put in petition box during Court hours.

All ordinary petitions for revision under sections 436 and 439 (399 and 401 of the Code of Criminal Procedure, 1973) of the Code of Criminal Procedure, and other petitions connected with the judicial business of the Court shall be presented by liti­gants or their advocates by depositing them in the petition box of the Court outside the room of the Deputy Registrar between the hours of 10 a.m. to 4 p.m. on every working day which is not a court holiday.

In every criminal appeal/revision application the appellant/petitioner shall state that no such appeal/revision application in the same matter has previously been filed, and without that statement such appeal/revision application shall not be accepted.

Urgent petition to be presented personally

Appeals, applications, etc. accompanied by a petition to treat the same as urgent should, however, be presented personally to the Reader to the Deputy Registrar, on any working day before 11 a.m. but may, in exceptional cases, be received not later than 3 p.m.

No appeal or application shall be received unless presented during court hours from 10 a.m. to 4 p.m.

2. Documents to accompany petition for revision of acquittal order.

The Deputy Registrar shall not, in view of the provisions of section 439(5) of the Code of Criminal Procedure (Section 401(4) of The Criminal Procedure Code, 1973) receive any petition for revision of an order of acquittal passed in a case instituted on police report, unless it is accompanied by a copy of an order of the Magistrate of the district, refusing to move the State Government to appeal under section 417 (378 of the

Code of Criminal Procedure, 1973) of the Code.

Note.— The complainant has now a right of appeal from an order of acquittal passed in a case instituted upon complaint, where the High Court has granted him special leave to appeal on an application made under section 417(3) of the Code (as amended by Act No. 26 of 1955). (Now Section 378(4) of The Code of Criminal Procedure, 1973).

3. Documents to accompany petition for revision of order in non -appealable cases. Bail and suspension of sentence pending reference.

As regards petitions under sections 436 and section 439, (399 and 401 of The Code of Criminal Procedure 1973) Criminal Procedure Code, the Deputy Registrar will not receive petitions for revision of orders of original Courts in non-appealable cases, unless the applicant files with his petition a copy of the order of the Sessions Judge or District Magistrate, as the case may be, to show that he has applied to one or the other and his petition has been refused. The Sessions Judge or District Magistrate can release a prisoner on bail or suspend a sentence pending a reference to the High Court.

3-A. 

Every petition for revision of an order shall be accompanied by a copy of the order in respect of which such application is made.

Copies of lower courts orders to accompany petition for revision.

In the case of petition for revision of the order of an appellate Court, a copy of the order of the Court of the first instance shall also be filed.

4. Copies of bail application to be supplied to Advocate General.

Copies of all bail applications received in the High Court relating to criminal cases pending in lower courts, when bail has already been refused by the lower court, shall be supplied to the Advocate-General by the Deputy Registrar to enable him to appear, if desired, on behalf of the Government provided that hearing of any particular case by the judge to whom it is assigned is not delayed by this procedure.

5. Bail applications.

In every application for bail presented to the High Court the petitioner shall state whether similar application has or has not been made to the Supreme Court, and if made, shall state the result thereof. An application which does not contain this informa­tion shall be returned for re-submission with the necessary information.

6. Documents to accompany transfer applications.

Where a petition or application for the transfer of a criminal case from one criminal court to another criminal court in the same Sessions division is made to the high Court, it shall contain an averment, supported by an affidavit or attested copies, that an application for the transfer of the case was made to the Sessions Judge and was rejected by him. (Vide sub-section (1-A) of section 526 and sub-section (1-C) of section 528 of the Code of Criminal Procedure, as inserted by Act No. 26 of 1955. (Now Section 407(2) of the Code of Criminal Procedure, 1973).

7. Documents to accompany petition for transfer or for revision of interlocu­tory order. Records not to be sent for.

Petitions for transfer or for revision of an interlocutory order in a pending criminal case shall be refused by the Deputy Registrar unless accompanied by attested copies of the documents relied on by the petitioner. If admitted the records should not be sent for unless a Judge specifically so orders.

8. Copy of certain petitions to be supplied to Advocate-General.

A copy of the petition for Transfer or for Habeas Corpus or for a Criminal Writ shall be supplied to the Advocate-General before it is filed in court. The petition shall state whether a copy has been supplied in accordance with this rule and if a copy has not been supplied the reasons for not supplying the same shall also be stated.

9. Procedure for notifying dates of hearing of urgent Petitions.

Notice of the hearing of urgent petitions shall not be given individually to the petitioner or his counsel but a list of such petitions shall be hung up for the purpose on the notice-board outside the Deputy Registrar’s room on the day preceding the date fixed for the hearing of these petitions giving the name of the Judge by whom the petition will be heard.

10. Service of notice in transfer petitions.

In petitions for transfer of cases under section 526, (407 of the Code of Criminal Procedure, 1973). Criminal Procedure Code, filed in the High Court, the District Magis­trate shall, without fail, return all notices received by him from the High Court, whether for himself or for parties after service, within one week from the date of their receipt.

11. Submission of reports by District Magistrate on transfer petitions.

The District Magistrate shall, without fail, also submit, within one week from the date of receipt of the High Court, letter, all reports or explanations called for by the High Court from himself or the Magistrate concerned with regard to allegations con­tained in the petitions for transfer or affidavit, copy whereof will accompany the said letter.

(For instructions issued by the High Court to the lower courts regarding submission of records under section 438, Criminal Procedure Code, to the High Court for purposes of revision—See Chapter 25-B of Volume III.)

12. Register of summary trials.

In petitions under section 439, Criminal Procedure Code, (now S. 397 of The code of Criminal Procedure, 1973) against the order of a Magistrate or a Bench of Magis­trates, in cases tried summarily and in which there are no records except entries in the Register of Gummary Trials (Criminal Register No. XVII), certified copies of the relevant entries in the Register shall be called for, instead of the Register.

13. Copies of applications filed by complainants for special leave to appeal from orders of acquittal to be supplied to the Advocate-General.

Copies of applications presented in the High Court by complainants under section 417(3) [378(4)] of The Criminal Procedure Code, 1973] of the Code of Criminal Proce­dure for special leave to appeal against the orders of acquittal shall be supplied to the Advocate-General and a certificate to that effect obtained from him before filing them in the High Court

Note.— The duties assigned to the Deputy Registrar in the various chapters of this Volume shall be performed by the Assistant Registrar in respect of appeals, petitions and applications, etc. filed in the Circuit Court at Delhi.

PART B The Reception of Pauper Appeals

1. Appeals to be accompanied by application for leave to appeal.

No application for leave to appeal as a pauper shall be received unless it is accom­panied by a memorandum of appeal, nor shall a memorandum of appeal purporting to be on behalf of a pauper be received unless it is accompanied by an application for leave to appeal as a pauper. A schedule of any movable or immovable property belong­ing to the applicant, with the estimated value thereof shall be annexed thereto. The schedule shall also be signed and verified in the manner prescribed for the signing and verification of pleadings.

2. Who can present.

(a)      Such application and memorandum shall be presented to the Court by the appli­cant in person, unlesshe is exempted from appearing in Court, under section 132 or 133 of the Civil Procedure Code or any other provision of law. In the latter case the application and memorandum can be presented by an authorised agent who can answer all material questions relating to the application. Such agent may be examined in the same manner as the party represented by him might have been examined, had such party attended in person.

Grounds for exemption to be stated if not presented personally.

(b)      Every such application, if presented by an agent, shall state on the face thereof, that the applicant is a person exempted from appearance under section 132 or section 133 of the Code of Civil Procedure or any other provision of law and shall not be received unless it contains such statement.

3. Treatment of petition not duly presented.

When an application or memorandum of appeal is one that cannot be received under the foregoing directions, the Deputy Registrar shall record, or cause to be recorded thereon, the name of the person presenting such application or memorandum, the date of its presentation, and an order returning the same for due presentation with the reason for such order, and shall sign and date such order with his own hand.

PART C Applications Under Order XXII, Code of Civil Procedure

(i) Legal representatives of deceased parties and appeals by persons who were not parties to the decree or. Order

1. Procedure to make respondent the legal representative of a deceased party who died after the decree or order appealed from.

Whenever a party to a decree or order, which is appealable to the High Court, desires to appeal therefrom and to make as a. respondent to his appeal the legal repre­sentative of a person who, having been a party to such decree or order, had died after the date of such decree or order, and who, if alive, would be a necessary party as a respondent to such appeal, and whose legal representative has not as such been made a party to the decree or order, or to subsequent proceedings thereunder or thereon the party so desiring to appeal may present to the High Court for admission a memorandum of appeal with the name of such legal representative mentioned therein as such as that of a respondent if at the time when he presents such memorandum of appeal for admission, he along with such memorandum of appeal, presents an application for leave to make such legal representative (as) of such a party as a respondent to his appeal, and, except as hereinafter provided, an affidavit stating such facts as may be necessary in support of his application:

Provided always that a judge of the High Court may, by an order, allow in his discretion a reasonable time in that behalf for the presentation of such affidavit, if it appears to him that the applicant could not by the exercise of due diligence have procured such affidavit in time for presentation along with the memorandum of appeal.

2. Appeals by persons other than parties to the decree or order appealed from.

Whenever by a decree or order which is appealable to the High Court the interest of—

(a)      a beneficiary in property which at the date of such decree or order was vested in or in the possession of a trustee, an executor, and administrator, or a receiver or manager appointed by a court who as such was a party to such decree or order; or

(b)      a legal representative as such of a deceased partly to such decree or order; or

(c)      an assignee of a party to such decree or order by assignment subsequent to the date of such decree or order; or

(d)      a person whose interest arose after the date of such decree or order by reason of any creation or devolution of interest, by, through, or from any party to such decree or order is affected, and such beneficiary, legal representative, assignee, or person was not or has not been made a party to such decree or order or to proceedings thereunder or thereon and desires to present to the High Court for admission a memorandum of appeal from such decree or order, he may name himself therein as an appellant if at the time when he presents such memorandum of appeal for admission he along with such memorandum of appeal presents an application for leave to make himself an appellant, and, except as his application: Provided always, that a Judge of the High Court may, by an order, allow in his discretion a reasonable lime in that behalf for the presentation of such an affidavit, if it appears to him that the applicant could not by the exercise of due diligence have procured such affidavit in time for presentation along with the memoran­dum of appeal.

3. Procedure to make respondent the legal representative of a party who died before the decree or order appealed from but whose legal representative has not been brought on record.

Whenever in any suit or appeal from the decree or order, in which an appeal may be preferred to the High Court, a party has, before the appealable decree or order in such suit or appeal has been made, died, and the name of such deceased party appears in such decree or order as that of a partly thereto, and his representative has not been brought upon the record, and such deceased party would, if alive, be a necessary party to an appeal to the High Court from such decree or order, and any party to such decree or order, or the legal representative of any such party, having a right of appeal from such decree or order, desires to appeal from such decree or order, and to make the legal representative of such deceased party to the appeal, he may present to the High Court for admission a memorandum of appeal with the name of such legal representative mentioned therein as a parly to the appeal, if at the time when he presents such memorandum of appeal for admission he along with such memorandum of appeal presents an application for leave to make such legal representative a party to the appeal, and, except as hereinafter provided, an affidavit showing that he did not know, before the decree or order from which he desires to appeal was made, that such deceased party had died, or that he had no reasonable opportunity of informing the Court which made the decree or order, before such decree or order was made, that such deceased party was dead, and stating such other facts as may be necessary in support of his application; provided that a Judge of the High Court may, by an order allow in his discretion a reasonable time in that behalf for the presentation of such affidavit, if it appears to him that the applicant could not by the exercise of due diligence have procured such affida­vit in time for presentation along with the memorandum of appeal.

4. Amendment of memo of appeal when a deceased person made a party in ignorance of death.

Whenever, after a memorandum of appeal has been presented to the High Court, any appellant or any parly interested in the maintenance of any objection filed in the appeal under Order XLI, Rule 22 or 26 of the Code of Civil Procedure first ascertains that a person, whose name appears in the memorandum of appeal as that of a party to the appeal, and who, if alive, would be a necessary party to such appeal or objection, had died before the memorandum of appeal was presented to the High Court or admit­ted such appellant or partly so interested as aforesaid may, but subject to the law of' limitation, apply for an order that the memorandum of appeal be amended by substitut­ing for the person, who has so died as aforesaid, his legal representative, if at the time when he presents such application, he along with such application, except as hereinafter provided, presents for filing an affidavit showing that such application is made with all reasonable diligence after the fact of the death of such person first came to the knowledge of such applicant or the agent, if any, acting on his behalf in the litigation; provided that a Judge of the High Court may, by an order, allow in his discretion a reasonable time in that behalf for the presentation of such affidavit, if it appears to him that the applicant could not by the exercise of due diligence have procured such affida­vit in time for presentation along with the application.

(ii) General Rules as to Suits and Appeals

5. Application to bring on record legal representative of a party to show date of death.

Every application—

(a)      under Order XXII, Rules 3(1) and 11 of the Code of Civil Procedure, by a person claiming to be legal representative of deceased plaintiff or appellant to enter his name on the record in place of the deceased party;

(b)      under Order XXII, Rules 4 and 11 of the Code of Civil Procedure, to make the legal representative of a deceased defendant or respondent a party in place of the deceased; and

(c)      under the second clause of Order XXII, Rule 3 of the Code of Civil Procedure, by a defendant or respondent;

shall, in addition to any particulars required by law, state approximately the date of the death of the deceased party.

6. Application to set aside order of abatement or dismissal.

Every application under Order XXII, Rule 9 (read with Rule 11) of the Code of Civil Procedure, by a person claiming to be the legal representative of a deceased or the assignee or the receiver of an insolvent plaintiff or appellant, for an order to set aside an order of abatement or dismissal, shall state the cause which prevented him from con­tinuing the suit or appeal.

7. Affidavit to accompany application made under Rules 5 and 6 and applica­tion to add or substitute a party.

Every application of the kind specified in Rules 5 and 6 of these rules and every application under Order XXII, Rule 10 of the Code of Civil Procedure, to make the petitioner or some other person an additional or substituted party in a suit or appeal, shall, as to the allegations of fact contained in such application, be verified by affidavit.

8. Mode of presentation.

Every application under Order XXII of the Code of Civil Procedure shall ordinarily by presented to the Deputy Registrar, who shall cause the date of presentation to be entered thereon.

9. Return for amendment.

The Deputy Registrar shall examine the application, and, if it does not satisfy the requirement of the Code or of these rules in that behalf, may return it to the person presenting it, for amendment and representation within a time to be noted on such application under his signature, or may refer the application to a Judge for orders.

10. Effect of not presenting application before the date of hearing.

Any such application may be presented to a Judge or to a Bench (as the case may be) on the date fixed for the hearing of the case; but unless sufficient cause be shown for the application not having been presented in the ordinary course to the Deputy Registrar, before such hearing, the applicant will become liable to pay the costs of any adjournment or postponement caused by the omission to present the application to the Deputy Registrar.

11. 

When an application to have the name of the legal representative of a deceased party, or the name of an additional or substituted party, brought on the record, or to have the name of a party struck off the record, is granted by order of a Judge or Bench (as the case may be), the Deputy Registrar shall cause the record of the proceedings in the High Court to be amended in conformity with such order.

12. Form of amendment.

Every person admitted on the record as the legal representative of a deceased plaintiff, defendant, appellant or respondent, shall be described as “the legal representative of A.B., deceased plaintiff’ (or defendant appellant or respondent, as the case may be); and, similarly in the case of an insolvent plaintiff, defendant appellant, or respon­dent.

(iii) Special Rule as to Suits

13. Application in original suits to be granted by the trial judge.

Applications under Order XXII of the Code of Civil Procedure, in original suits, when presented to the Deputy Register, shall subject to Rule 9 of these rules, be laid by him for orders before a Judge who shall ordinarily be the Judge before whom the suit to which it relates is pending.

(iv) Special Rules as to Appeals

14. When an application of the kind specified in rule 5 of these rules is presented to the Deputy Registrar in relation to an appeal pending before the Court, and is deemed by him sufficient, without or after amendment, and the Deputy Registrar does not deem it necessary to refer the application for the order of a Judge, he is authorised to make an order granting the application “Subject to all just exceptions” and to cause the neces­sary amendments to be made in the memorandum of parties’ names and notices to be issued to the parties concerned to show cause on the date fixed for hearing the appeal. Where however the application is time-barred or affects a minor, the Deputy Registrar shall refer at for the order of a Judge.

15. Orders to be granted by Judge.

Every application under Order XXII of the Code of Civil Procedure, not falling within Rule 14 of these rules or not granted under that rule, shall be laid before a Judge for orders.

(v) Rules as to proceedings other than Suits and Appeals

16. Rules to apply to other proceedings.

The foregoing rules shall apply to all proceedings of a civil nature, other than suits or appeals, to which Order XXII of the Code of Civil Procedure is applicable.

PART D The Representation of Minors and Persons of Unsound Mind

1. Appointment of next friend or guardian.

Whenever a Judge or Bench sees cause to appoint a next friend of a minor plaintiff or appellant or a guardian in the suit or appeal of a minot defendant or respondent, and an order to that effect is passed, the Deputy Registrar shall cause the memorandum of parties’ name in the suit or appeal to be amended accordingly.

2. Office to note minority on memo of appeal for order of the Judge.

In every appeal presented to the Deputy Registrar in which it appears from the memorandum of appeal or the copies of the judgments filed therewith, that the appel­lant or respondent or any of the appellants or respondents is a minor, the Deputy Registrar shall cause a note to be made on such appeal for the information and orders of the Judge or Bench exercising jurisdiction in the appeal.

3. Notice of appeal not to issue until guardian has been appointed.

No notice in relation to an appeal shall be issued to any respondent who, from the memorandum of appeal or the proceedings of the lower courts, appears to be a minor, unless and until a guardian for such minor has been appointed by an order of the Court or unless the issue of such notice be authorised by the special order of a Judge.

4. Rules to apply to proceedings other than appeals.

The foregoing rules shall apply, so far as may be, to proceedings in review of judgment or in revision and to proceedings of a civil nature other than suits or appeals, to which Order XXXII of the Code of Civil Procedure is applicable.

5. Rules to apply in case of persons of unsound mind.

The foregoing rules relating to the representation of minors shall apply, mutatis mutandis, to the representation of persons of unsound mind, adjudged to be so under any law for the time being in force.

6. Savings for Princes and Chiefs.

The foregoing rules are subject to the provisions of Order XXXII, Rule 16 of the Code of Civil Procedure.

7. A single Judge may pass orders.

Nothing in the foregoing rules shall be deemed to require that any order made thereunder shall be made or signed by more than one Judge of the Court.

PART E The Making and Filing of Affidavits in the High Court

1. Form and attestation of affidavits.

Affidavits intended to be presented in the High Court in support of an assertion of any fact shall be drawn up and attested in the manner prescribed in Chapter 12 of Volume IV of High Court Rules and Orders. Such affidavits shall be declared before some court or officer appointed to administer the oath to the deponent.

The affidavit shall be written in a language which the deponent understands. If the affidavit is in a language other than the English language then its translation in English shall also be filed in court.

2. When affidavits necessary.

When a memorandum of appeal, cross-objection, petition or application in any proceeding in the High Court contains an assertion of any fact or facts contrary to or outside the record or not supported by evidence already on record, such assertion shall be supported by one or more affidavits.

3. Affidavits when to be presented.

Such affidavit shall ordinarily be presented with the memorandum of appeal, cross­ objection, application or petition.

4. Effect of absence of affidavit.

Any ground contained in any such memorandum of appeal, cross-objection, applica­tion, or petition containing an assertion of fact not supported by affidavit may on the hearing thereof be ordered, by the Judge or Bench to be struck out or amended summa­rily, unless leave be granted to present an affidavit in support thereof.

5. Counter affidavits.

Facts asserted by a party showing cause against any appeal, application or petition supported by affidavit, shall likewise be supported by affidavit, whether the facts as­serted be in contradiction of the facts asserted in support of the same or be fresh matter. Such affidavits must ordinarily be presented before the date fixed for the hearing but may with the permission of the Judge be presented at the hearing.

6. Evidence to be given by affidavit.

When upon any application any evidence is to be given, such evidence shall ordi­narily be given by affidavit as provided in Order XIX, Rule 2 of the Code of Civil Procedure, and not otherwise, unless by an order of a Judge or Bench.

Explanation.— Evidence given in support of any of the following or similar appli­cations should be given by affidavit unless otherwise ordered:—

(a)      applications to admit an appeal or application, which is prima facie barred by time;

(b)      applications to add parties or to substitute representatives of parties;

(c)      applications to re -admit an appeal or application which has been dismissed for default or to re -hear an appeal heard in the absence of the respondent;

(d)      applications to transfer or withdraw a suit or appeal;

(e)      applications to stay execution of decree or order;

(f)       application for security of costs; and

(g)      applications for leave to appeal in forma pauperis,

7. Affidavit to be presented to.

Affidavits intended to be used in any proceeding before the high Court may be presented, unless otherwise directed, to the Judge or Bench at the time when the proceeding is called on, or before such time to the Registrar, or the Deputy Registrar, who shall thereupon file them with the proceeding after noting thereon the date of presentation.

8. 

No affidavit shall ordinarily be read at the hearing of any appeal, application or other proceeding unless a copy thereof has been served upon the other party or his Advocate at least three days before such hearing.

Provided that this rule shall not apply to urgent applications or to applications made exparte.

9. Affidavits to be attested by.

Under the provisions of section 139, clause (b) of the Code of Civil Procedure, the following officers have been appointed by the High Court to administer the oath to the deponent in the case of any affidavit under the said code:—

(1)     The Registrar for the time being.

(2)     The Deputy Registrar for the time being.

(3)     The Superintendent Judicial for the time being.

(4)     The Secretary to the Chief Justice.

(5)     Superintendent and the Reader to Deputy Registrar, Circuit Court Delhi.

Part F Processes Issued by the High Court in the Exercise of its Jurisdiction

The following rules have been made by the High Court under clause 27 of the Letters Patent constituting, the High Court, for regulating the payment of process fee for processes issued by the Court in exercise of its jurisdiction:—

1. Amount of process -fee.

A fee of rupees three in Court -fee labels shall subject to rules in chapter 5-B, Rules and Orders of this Court, Volume IV, be charged for each summon, notice or other process issued by the Court.

2. Period allowed.

Unless otherwise ordered by a Judge, process -fee shall be paid within a period not exceeding seven days from the date of the order admitting an appeal or application or of an order for notice or warrant, provided that if the office of the Court is closed on the seventh day, the fee shall be tendered on the next day the office is open. The office shall not be required to give any notice or intimation that such process -fee is payable.

Note 1.— In motions which are admitted, the Court Reader will draw the attention of the appellant or petitioner, who appears in person and not through Counsel, to this rule and take his signature under the order of admission in token of communication.

Note 2. — No process fee shall be accepted unless it is accompanied by copies of the memo of appeal or concise statement, as the case may. be in view of the provisions of Order XLI, Rule 14(6), Civil Procedure Code, as amended by this Court.

Note 3. — No fee is charged for issue of processes in Criminal cases in this Court

3. Receipt for the process.

No process shall be prepared or issued until the proper fee for the service thereof has been paid, where necessary, but as soon as the process -fee is paid, a receipt in the form contained in the Appendix to these rules shall be granted by the official receiving the same and thereafter the court fee label denoting the fee shall be placed on the record of the case and immediately punched.

4. Action on default.

Process -fee tendered after the expiration of the period fixed in rule 2 shall be refused unless it is accompanied by an application, duly stamped with Rs. 2.65 paise Court -fee under Article l(d)(iii) of Schedule II to the Court -Fees Act, 1870, and giving reasons for tendering process -fee late.

5. Action on default.

On the presentation of such application, the Deputy Registrar may, when he is satisfied that service of process can be effected before, the date already fixed for hearing, accept the process -fee so tendered and cause notice to be issued for the date of hearing already fixed. Where the Deputy Registrar is of opinion that service cannot be effected before the date of hearing, he will cause the application to be laid before a Judge for orders as to acceptance of belated process -fee and the fixing of a fresh date of hearing.

6. Action on default.

In the event of process -fee not being paid and no application as provided in rules 4 and 5 being made, the cause will be listed for a date soon after the original date of hearing before a Single Judge or a Division Bench as the case may be, for disposal according to Order 9, rule 2, or Order 41, rule 18, Civil Procedure Code, or otherwise, as the Court may order. Previous notice of the date so fixed will be given to the appellant or petitioner, by listing the cause as a Motion Cause and, where the appellant or petitioner in the case is not represented by counsel, by registered post-card also.

(High Court notification No. 30-R/V-H-11, dated the 2nd February, 1943).

APPENDIX

HIGH COURT OF DELHI________________

Process -fee Receipt

Received on ....................................... (date) court fee stamp of the value of Rupees .......................................  in case ....................................... No .......................................  in re ....................................... versus ....................................... .......................................

Signature of the Head Notice -writer.

(....................................... Branch).

CHAPTER 2 Preparation of Records

PART A [[2]]reparation of Records in First Appeals

1. Cyclostyling of records in first appeals from orders.

In first appeals from orders, no cyclostyling will be required unless specially di­rected by the Judge admitting the appeal, who will in that case order at his discretion the cyclostyling of either (i) and ordinary paper book, or (ii) a cyclostyled record under these rules, to be done and filed by the appellants(s) within one month.

2. Cyclostyling of records in First Appeals from decree.

In first appeals from decrees admitted to a hearing, a cyclostyled record shall, unless special orders are given to the contrary, be prepared and filed by the appellant(s) within three months of the date of admission of appeal in accordance with the instructions hereinafter contained.

2A. 

If the appellant fails to prepare and file the cyclostyled record within the prescribed time, the respondent shall have right to file the same, at the expense of the appellant after due notice to the appellant. The respondent shall have a right to file, at his cost, ten cyclostyled copies of additional record which he may like to be referred to at the hearing of the appeal within one month of the service of notice of appeal on him and in case where by a special order of the Court cyclostyling of record has been dispensed with six typed paper books of the additional record[[3]].

3. Contents of cyclostyled record.

(1)     In the absence of a special order, the cyclostyled record under Rule 2 shall consist of..................

                              (i)          (a) The plaint and pleas.

(b) Documents either referred to in the plaint as forming the basis of the suit or considered by the court in its judgment, or duly proved by either of the parties in the Court. Documents in the vernacular will be translated into and cyclostyled in English.

                             (ii)         The autograph record of the Court, translated into English, if in vernacular.

                            (iii)         The report of the local Commissioner, if any, appointed under Order XXVI of the Civil Procedure Code, translated into English, if in vernacular. With the report, should be cyclostyled and statements of the parties recorded before the Commissioner and tabular statements prepared by him, if they form an integral portion of his report

                            (iv)        Evidence taken on commission under Order XXVI of the Civil Procedure Code, translated into English, if in vernacular.

                             (v)         The grounds of appeal to the High Court, in English.

                            (vi)        The order of the Judge or Bench admitting the appeal.

(2)     The Court may, however, dispense with the inclusion of any document or translation of any document from being included in the paper book.

4. Contents of record where cyclostyling dispensed with.

In case where, by a special order of the Court, cyclostyling of record has been dispensed with, six typed paper books will be prepared and filed by the appellants) within one months of admission of the appeal consisting of:

(a)      The plaint and pleas.

(b)      Issues.

(c)      Oral evidence whether recorded in Court or on commission.

(d)      Impugned Judgment/Decree.

(e)      Grounds of Appeal.

(f)       The order of the Bench admitting the appeal.

5. Case in which record not cyclostyled may be referred to at the hearing.

Any part of the record not cyclostyled under Rule 3 may be referred to at the hearing with the permission of the Court, but no party shall have a right to refer, during the hearing, to any document not cyclostyled:

Provided that extracts from Revenue Records need not be cyclostyled in extenso. The parties may refer to the original record for such extracts, maps and plans.

6. Checking of cyclostyled record and cost of checking.

(1)     The Registry shall, as soon as the record in a First Appeal has been received, check the cyclostyled record filed by the parties and send a notice to the Party con­cerned notifying its correctness or, as the case may be, pointing out discrepancy to be rectified within the time specified in the notice.

(2)     The cost of checking the cyclostyled record shall be borne by the party filing the same and shall be paid as provided for in Rules 9 and 10 below.

7. Order of documents in the cyclostyled record.

All documents included in the cyclostyled record shall be cyclostyled according to their serial order, first those produced by the plaintiff and then those produced by the defendant. On each document shall be endorsed the order by and date on, which it was admitted by the Court

Provided that when counsel for both the parties agree that the documents should be arranged for convenience in a different order, the documents shall be cyclostyled in that order. In that case, a foot-note shall be added on the first page of the volume of documents that the documents have been cyclostyled in the order suggested by counsel for the parties.

8. Translation of vernacular documents.

In every appeal in which under these rules a record has to be cyclostyled, vernacular documents include din the said record shall ordinarily be translated and not transliter­ated. Translation of the vernacular documents made by the parties for the purpose shall be got revised from the Registry of the Court before filing the cyclostyled record. The cost of the revision shall be borne by the parties by whom the vernacular documents are translated and filed.

9. Initial deposit by appellant.

In every appeal in which under these rules a cyclostyled record has to be filed, the appellant(s) shall, with the appeal, attach a receipt for a sum of one hundred rupees which should be deposited with the Treasurer of the High Court to cover the cost of checking of the translation and cyclostyled record. No first appeal from a decree shall be received unless it is accompanied by such receipt.

10. Further Deposits.

(1)     If the deposit required under Rule 9 proves insufficient to cover the cost of checking of the translation and the cyclostyled record, the Joint Registrar/Deputy Regis­trar may, by a notice in writing, require that such further deposit as seems to him necessary shall be made within one month.

(2)     If the further deposit be not made within one month of the date of receipt of the notice, the appeal shall, on the expiry of that period, be laid before a Judge for orders who may, in his discretion, grant further time or dismiss the appeal. The Judge may further, in his discretion discharge or modify and Ad interim orders passed earlier in the case. The case shall be laid before a Judge for orders every time the default is repeated.

Note.— If the total sum required as deposits under Rules 9 and 10 exceeds Rs. 200/- the matter will be reported for the orders of a Judge.

11. Period for further deposit may be enlarged.

The period fixed by Rule 10 for the payment of the deposit may, on cause being shown in an application duly stamped, be enlarged by an order of the Court so as to permit the amount of such deposit to be paid by instalments.

12. Number of copies cyclostyled record.

Such number of copies of the record shall be cyclostyled as the Court may, by general rule in this behalf or by special order in any particular case direct.

Note.— The number of cyclostyled copies ordinarily to be filed has been fixed at 10. Enough copies should be cyclostyled and furnished if the number of respondents in appeal exceeds three.

13. Copies supplied free to parties. Price of additional copies.

The respondent(s) may each obtain two copies of the cyclostyled record free of charge and one additional copy free of charge for each advocate or pleader employed in excess of two. The additional copies, if available, may be purchased at 60 paise per page of cyclostyled matter.

14. Copies to be supplied before hearing.

Parties and counsel shall be entitled to receive copies of the cyclostyled record on application to the Registrar or Deputy Registrar at least one month before the date fixed for hearing.

15.    

(1)     Cyclostyling expenses to be included in costs.

At the foot of every cyclostyled record shall be noted the amount of the cyclostyling and incidental charges, and the party hearing the same and such amount shall be included in the costs of the appeal unless the Court shall in any case otherwise direct.

(2)     Refund of balance of cost.

Should the amount so charged be less than the sum or sums deposited under Rules 6, 9 and 10, the Registrar or the Deputy Registrar shall refund the unexpended balance to the party by whom the deposit was made. Should it be more he will take action under Rules 10 or 11.

16. Matters to be referred to Court.

The Registrar or the Deputy Registrar may, and if so required by either party by petition duly stamped shall refer to the Court any matter not herein expressly required to be referred.

17. Reference to be dealt with by one Judge.

For the purposes of these rules, when an order, of the Court is required, the order of one Judge shall be sufficient and such order shall, subject to reconsideration by the Bench hearing the appeal, be conclusive.

18. Supplementary cyclostyled record.

(1)     When an order has been made by a division or Full Bench, under Order XLI, Rule 25 or Rule 27 of the Code of Civil Procedure, in an appeal to which these rules have been applied, and additional evidence has been taken in pursuance of such order, a Judge may, at any time after completion of the records of the enquiry, make an order that a supplementary cyclostyled record be prepared and filed of.

                              (i)          the order made under Order XLI, Rule 25 or Rule 27, of the Code of Civil Procedure, and

                             (ii)         the proceedings taken thereunder or any part thereof.

(2)     The order shall direct by which party or parties the expense of preparing the supplementary record of any part thereof shall be borne in the first instance.

(3)     When a Judge’s order for the preparation of a supplementary record has been made, the Registrar or the Deputy Registrar shall deal with the matter under the forego­ing rules so far as applicable.

SCHEDULE A

Index of the papers cyclostyled

First Appeal No. .............................................................. of

(Name) .............................................................................................. (Plaintiff or Defendant)—Appellant.

(Name) .............................................................................................. (Defendant or Plaintiff)—Respondent

N.B.—Intermediate orders of the Court should be inserted in chronological order as they occur.

SCHEDULE B

The work of transcribing, transliterating, translating and cyclostyling the record will be charged for at the following rates under Rules 6 and 10:—

PART B The Printing of Paper-Books in Second Appeals and Revisions

1. Paper-books when to be printed.

Paper -books shall be printed in all second appeals which are admitted to a hearing before a Division Bench. In other cases typed paper -books shall be prepared unless the Motion Bench or/ the Bench referring the case to a Division Bench or a Full Bench orders that the paper -books shall be printed.

2. Contents.

The paper-book shall consist of:—

(a)      copies or translations of the judgments of the lower Courts and the decree of the Lower Appellate Court;

(b)      the grounds of appeal or revision and a memorandum of the names of the parties or, if the appeal or revision was filed in vernacular, a translation thereof; and

(c)      a copy of the order of the Judge admitting the case to a Bench.

3. Cost of printing paper -books.

(1)     In every appeal in which a paper-book has under these rules to be printed, the appellant shall, within fifteen days of the date of the order admitting the appeal, deposit with the Treasurer of the High Court, a sum of rupees fifty-five to cover the cost of the paper-book at the rates specified in the Schedule. In the case of cross-appeals, the cost of the paper-book shall, however, be paid by the parties in proportion to the amount involved, unless a Judge otherwise directs.

(2)     An additional sum of Rs 10 for translating the plaint and pleas shall be similarly deposited in every case in which the plaint and the pleas are to be included in the paper- book. The plaint and pleas shall not, however, be printed except at the express request of the parties or their counsel, or, when so directed by the Judge or Judges admitting the appeal.

Note.— In all appeals filed in the Circuit Court at Delhi, the sum mentioned in the rule shall be paid either in the form of Indian Postal Orders in the name of the Registrar, Punjab high Court at Chandigarh or sent by money order to the High Court, Chandi­garh, and money order receipt attached thereto.

4. Procedure on non-payment of deposit.

If the appellant or respondent fails to deposit the sum or sums required under rule 3 within the prescribed period the procedure laid down in clause (b) of Rule 10 of Part A of this Chapter shall be followed.

5. Number of copies to be printed.

Such number of copies of the paper -book shall be printed as the Court may, by general rule in that behalf or special order in a particular case, direct.

Note.— The number of copies ordinarily to be printed has been fixed at ten. Enough copies shall be printed to enable juniors watching the case to be provided with a paper- book.

6. Supply of copies to parties.

Each appellant and the respondent appearing separately may obtain two copies of the printed paper-book free of charge, and additional copies, if available, may be purchased at three rupees a copy.

7. Printing expenses to be included in costs.

(1)     At the foot of every .printed paper-book shall be noted the amount of printing and other charges, and the party from whom levied, and such amounts shall be included in the costs of the appeal, unless the Court shall in any case otherwise direct.

(2)     Should the amount so charged be less than the sum or sums deposited under rule 3, the Registrar or the Deputy Registrar shall refund the unexpended balance to the party by whom deposit was made. Should it be more, he will take action under rule 4.

8. Interpretation.

For the purpose of rules 3 to 7, the expression “Appeal” shall include a petition for revision admitted to a hearing before a Division Bench or referred to a Full Bench and the expression “Appellant” shall include a petitioner in the revision petition.

PART C Preparation of Paper -Books in Letters Patent Appeals

1. Ordinarily no paper-book required.

In appeals under clause 10 of the Letters Patent the paper-book shall ordinarily be typed unless the Judge admitting the appeal specially directs that the paper-book shall be printed.

2. Contents.

The paper-book in such appeals shall ordinarily consist of:—

(a)      the memorandum of appeal;

(b)      a copy of the judgment appealed from;

(c)      copy of the judgment or other documents which were before the Judge from whose judgment the appeal is preferred.

3.

No appeal under clause 10 of the Letters Patent will be received by the Deputy Registrar unless it is accompanied by three copies of the following:—

(a)      Memorandum of appeal;

(b)      Judgment appealed from; and

(c)      Paper-book which was before the Judge from whose judgment the appeal is preferred.

Explanation.— The paper-book in cases decided in exercise of original jurisdiction or in exercise of jurisdiction under Article 226 of the Constitution will mean copies of the petition, the written statement and application, if any.

PART D The Translation of Certain Vernacular Documents Presented to the High Court

1. What documents to be translated and at whose expense.

Such vernacular documents filed in the High Court in its civil appellate or civil revisional jurisdiction, as may from time to time be prescribed by the Court[[4]] shall be translated, and, subject to Rule 4, the expense of such translation shall be paid by the appellant or petitioner.

2. Agency for translation and scale of charges.

The translation shall be made and certified by such agency as the Court may from time to time appoint, and the maximum total charge shall not exceed rupees seven for one thousand words.

3. Initial deposit.

On the presentation of an appeal or petition to which these rules apply, the person presenting the same shall deposit the amount required to defray the cost of translation, if any, and no appeal or petition will be accepted unless accompanied by such deposit.

4. Payment may be excused in certain cases.

The Court, in regard to any particular class or classes of cases, by a rule of Court, and a Judge, in respect of any particular case not provided for by rule of Court, by an order stating the grounds thereof, may dispense with the payment prescribed by these rules.

CHAPTER 3 Jurisdiction

PART A Rules Regulating the Practice of the High Court in the Hearing of Causes and other Matters

1. Hours of business.

The Court will be opened daily, except on authorized holidays, for the transaction of judicial business, between the hours of 10 a.m. and 4 p.m.

No fresh case will ordinarily be called on for hearing after 4-30 p.m.; but the hearing of a part-heard case may be continued so long as the court hearing it may deem necessary.

2. Roster of single and Division Benches.

The Judges will sit singly or in Benches of two or more in accordance with a roster to be prepared from time to time. The roster will be prepared by the Deputy Registrar with the approval of the Honourable the Chief Justice.

3. Distribution of work to be made by the Deputy Registrar.

Plaints, appeals, applications and petitions for a preliminary hearing will be distrib­uting by the Deputy Registrar two days previously. The distribution lists will be ini­tialled by the Deputy Registrar, and no change in them will be made without his authorization and initials. A copy of the list will be supplied to the Judges’ Readers and to the Bar room, and the Judges’ Readers will bring to the notice of the Judges and the Deputy Registrar any alterations that appear unauthorized.

4. Hearing of ordinary and urgent petitions.

Ordinary and urgent petitions shall be set down for hearing by the Deputy Registrar before Single and Division Benches in accordance with the roster for the time being prescribed under Rule 2 above.

5. Weekly and daily lists of civil and criminal cases and their adjustment.

(a)      A register of civil cases, complete in every respect, will be maintained in the High Court. From this register cases will be taken up according to the order of institu­tion for incorporation in a weekly list of cases to be heard by Division and Single Benches. For the convenience of counsel, a copy of the weekly list of each Bench will be sent to the Bar, seven days before the beginning of every week. When work is likely to run short, the weekly list will be supplemented by the Deputy Registrar. These weekly lists will be open to adjustment by counsel or parties on Fridays. The weekly lists will be broken up into daily lists and the daily list will be sent to the Bar room at 4.15 p.m., on the day preceding the date of hearing, except the lists for Monday, which will be supplied to the Bar room at 12 noon on the preceding Saturday. Any cases not reached at the close of a day will ordinarily be placed at the top of the lists for the next day and similarly any cases not reached at the close of the last day of the sitting of the Court in a week, will ordinarily be placed at the top of the following week’s list.

Note.— A case in which an application for the withdrawal of the case or passing a decree or order in accordance with a compromise arrived at between the parties has been made, shall be placed in the daily list, after the part-heard cases, even though the case may not otherwise be complete.

(b)      A separate register of criminal cases within the jurisdiction of Division and Single Benches, complete in every respect, will be maintained in the High Court. From this register cases will be taken according to the order of institution for incorporation in weekly lists of cases to be heard by both Division and Single Benches. For the conven­ience of counsel a copy of the weekly list of each Bench will be sent to the Bar a week before the date of hearing. These weekly lists will be open to adjustment by counsel on Fridays. The weekly list will be broken up into daily list and dealt with as in paragraph 5(a) above.

(c)      Full and Special Bench cases such as Matrimonial Reference, reviews and applications for leave to appeal to the Supreme Court, etc., which cannot conveniently be heard on ordinary Bench days, will be heard on the first Monday in every month or on such other day or days as the Chief Justice may direct in the event of the first Monday being a holiday, or the work being excessive for one day.

6. Cases to be heard in the order of date of admission.

Cases will be set down in the lists in the order of the date of admission except as directed below and will be heard in that order, unless directed otherwise by the court.

Exceptions.— (a) Postponed cases take priority of all others in Division Bench lists, and in single Bench lists of all others in their own class.

(b) Remanded cases take priority of all others except postponed cases.

(c) Cases fixed for “actual dates” under the second proviso to rule 8 shall be listed first in the daily lists subject to part-heard cases. Cases fixed by judges for actual dates shall be listed next.

(d) Cases marked “very early”, or “early” by order of a Judge or Judges and “commercial causes” shall take priority over ordinary cases.

(e) An appeal or petition against an order of remand of a lower court shall be marked “early” and shall take priority over ordinary cases.

(f) An appeal or petition in connection with which proceedings pending in the lower court are ordered to be stayed or have to be stayed in consequence of the record being sent for by the High Court for the disposal of such appeal or petition, shall be marked “early”, shall take priority over ordinary cases and shall be set down for hearing within a period of three months from the date of stay or admission.

7. Postponement of cases.

              (i)          An application for the postponement of a case shall be presented to the Deputy Registrar and shall not be taken direct to a Judge.

             (ii)         Cases may be postponed by the Deputy Registrar or, in his absence, under the orders of such other Officer as may be in charge of the Judicial department for the time being—

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

(b)      if, before the day of hearing, the death of a party is announced and an ad­journment is thereby necessitated;

(c)      if the lower courts have not complied with a precept or process.

            (iii)         Except as provided above, no application for the adjournment of a case shall be entertained unless a Bench or Judge, as the case may be, is satisfied that by reason of recent death, sudden illness or domestic bereavement a party cannot be properly repre­sented at the hearing unless such order is made.

            (iv)        Ordinarily part-heard cases will be proceeded with on the following day or days till they are concluded.

8. Duty of counsel to attend on the date of hearing.

Parties and their Advocates are required to attend the Court on the day or days for which their cases are set down, and on subsequent days until their cases are disposed of or are postponed.

Provided that intimation of the pacca date fixed in a case will be sent by registered post card (A.D.) to such parties as are not represented by counsel. Such postcard shall be sent to an address to be given by the party in response to the original notice of appeal calling upon him to furnish an address for service for the purposes of the appeal, or if he fails to give such address within one month of the service of such notice of appeal, to his address as given by the appellant in the memorandum of appeal. The posting of such postcard shall be deemed to be sufficient intimation to the party of the date fixed in the case.

Provided further that in a case in which an Advocate not ordinarily resident in Chandigarh has to appear, the Deputy Registrar may fix an “actual date” if such Advocate puts in a written request for that date to which he himself has obtained the consent of other counsel in the case. Such date shall not be altered except by any order of the Bench concerned, or of the first Division Motion Bench if the case is not listed before a particular Bench.

9. Disposal of urgent petitions.

              (i)          Urgent petitions must ordinarily be presented before 11 a.m., but may, in ex­ceptional cases, be received not later than 3 p.m.

             (ii)         These petitions will be laid before the Deputy Registrar who shall ordinarily fix them for hearing on the next day. If, however, the Deputy Registrar is satisfied that there is sufficient urgency, he shall mark the petition for hearing on the same day.

DELHI HIGH COURT

NOTIFICATION DATED 12.12.66

In exercise of the powers enforced by Section 7 of the Delhi High Court Act, 1966, the Hon’ble the Chief Justice and Hon’ble Judges of the Delhi High Court are pleased to issue the following instructions in regard to the preparation and publication of the cause list of the Court:

(1)     The Registrar shall keep a list of all cases pending before the Court, and shall, at the commencement of each class separately, to be called the “ready list”. The cases in the “ready list” shall be arranged year-wise in each case separately in the order of their registration, and the list shall be added to from time to time as and when fresh

cases become ready for hearing.

(2)     Out of the “ready list” the Registrar shall publish on the notice board of the Court at the end of each month a list of cases to be heard during the following months. Subject to any general or special directions that may be given by the Hon’ble the Chief ustice and subject to the orders of the Court, the cases listed for hearing in the monthly list in each class shall be in the order in which the cases have been registered.

(3)     From out of the monthly list, the Registrar shall publish at the end of each week a list of cases to be heard in the following week. This list, subject to the directions of the Chief Justice or any special direction of the Court, shall be arranged strictly in the order in which the cases appeared in the monthly list.

(4)     Out of the weekly list, the Registrar shall publish at the end of each day a daily list of cases to be heard by the Court on the following day.

(5)     The list shall be published in accordance with the roster settled by the Hon’ble C.J. for the month and in the monthly list reasonable number of matters shall be shown which the Court can, taking into account the total days of the month, dispose of during the month.

(6)     In the weekly list also only such number of matters may be shown as can reasonably be disposed of by the Court during the said week. Ordinarily the cases in Daily Board will be listed in the order in which the cases have been shown in the weekly list.

(7)     So far as specially directed matters, appeals involving capital sentence, and the like are concerned these may be listed out of turn in the manner indicated below:

(a)      Capital Sentence Cases: These references and appeals may be added (after • due notice to the parties within 7 days of their becoming ready for hearing) at the top of the Weekly list to be heard subject only to overnight part herd.

(b)      Expedited Appeal with Special Direction as to the date of hearing,

                                                              (i)          Where the direction is to list the appeal or matter on a particular day, the matter shall be added to preceding day’s matters and, where the direction is to list the direction is to list the appeal in a particular week, it shall be listed in the weekly list after the preceding week’s residue.

                                                             (ii)         Other Expedited Appeals. Once the monthly programme is announced ap­peals falling in this category that become ready during the course of the month, shall be added to the subsequent months’ list.

                                                            (iii)         In arranging the monthly list the following principle may be followed:

Subject to special orders by the Chief Justice or by the concerned Bench all cases be listed strictly in accordance with their age.

Motions for Adjournment and Adjustment

Once the monthly programme is announced, any motion for adjournment or adjust­ment of a matter included in the monthly list should, if it relates to a matter which is more than two years old, be made on an application after notice to the opposite side. Such applications shall, if the matter is not on the Daily Board of a particular Bench be listed before the Bench presided by the Hon’ble the Chief Justice. So also a motion for expediting the hearing of a particular cause or matters or for obtaining a drection for its hearing on a particular date shall be made by a written application after notice to the opposite party. Such application shall also be listed before the Hon’ble the Chief Justice

shall keep a proper record, in a separate register of the direction given by the Hon’ble the Chief Justice and submit the same to the Registrar for compliance.

All the existing Rules and procedure relating to the publication and preparation of Cause list shall so far as they are inconsistent with or contrary to these instructions be deemed to have been altered or superseded.

PART B Jurisdiction of a Single Judge and of Benches of the Court.

1. Cases ordinarily to be heard by a single Judge.

Subject to the provisos hereinafter set forth the following classes of cases shall ordinarily be heard and disposed of by a Judge sitting alone:—

"(i) a motion for the admission of—

[5][Omitted].

[6][(a)] an appeal from order under the Code of Civil Procedure and under any Act of the Central or State Legislature unless there is any thing to the contrary in the said Act, or

[7][(b)] a second appeal irrespective of the value of the subject-matter:

[8](ii) a second appeal irrespective of the value of the subject-matter;

(iii)   an appeal from an order under the Code of Civil Procedure and from an order passed in the execution of a decree;

(iv)   a civil appeal, application or reference under any Act of the Central or State Legislature other than the Code of Civil Procedure and other than the Indian Divorce Act, if such appeal, application or reference is not otherwise expressly provided for;

[9]"(v)   Omitted

[10]Explanation: [11][Nothing in sub-rules (i), (ii) and (v) of Rule 1] shall prevent a judge sitting alone to refer any appeal to a larger bench with the approval of the Chief Justice.

(vi)   appeal relating to costs only;

(vii) an application under section 22 or 23 of the Code of Civil Procedure, for an order determining in which of several Courts having jurisdiction a suit shall be heard, and an application for an order for the transfer of a case from one subordinate court to another;

(viii) an application under Order I, Rules 8, 10 or 11 read with section 107 of the Code of Civil Procedure.

(ix)   an application for an order extending the time for, or directing any particular method of, service of notice on a respondent;

(x)   an application for the withdrawal of an appeal or application, or for a consent decree or order;

(xi)   a motion to admit an application and an application when admitted, for an order, under Order XXXII, Order XXXIX, Order XL, or Order XLI, Rule 5 or 6 of the Code of Civil Procedure, a motion to admit an application for an order under Order XXII or under Order XLI, Rule 10, and in a case in which the appeal is within the jurisdiction of a Judge sitting alone, an application when admitted, for an order under Order XXII or under Order XLI, Rule 10;

(xii) a motion to admit an application, and in a case in which the appeal is within the jurisdiction of a Judge sitting alone, an application when admitted, under Order XLIV, Rule I of the Code of Civil Procedure for permission to appeal in forma pauperis;

(xiii) an application under Order XLV of the Code of Civil Procedure, other than an application for a certificate under Order XLV, Rule 2 in a case disposed of by a Division Bench;

(xiv) a motion to admit an application, and an application, when admitted, under section 44 of the Punjab Courts Act or under Section 25 of the Provincial Small Cause Courts Act, 1887, or under the first proviso to sub-section (1) of Section 75 of the Provincial Insolvency Act, 1920 or under Article 227 of the Constitu­tion of India;

(xv) any other application—

(a)      which under these rules is not expressly required to be made to a Bench of two or more Judges; or

(b)      which is made in any matter within the jurisdiction of a Judge sitting alone and which is not otherwise expressly provided for;

(xvi) a reference under Order XLVI of the Code of Civil Procedure or under section 99 or section 100 of the Punjab Tenancy Act;

(xvii) a suit coming before the Court in the exercise of its extraordinary original civil jurisdiction;

(xviii) (a) Application or petition under Article 226 of the Constitution of India for the issue of any directions, orders or writs in the nature of mandamus, prohibition, quo warranto or certiorari or for the enforcement of the funda­mental rights conferred by Part III of the Constitution of India or for any other purpose except such petitions against final or interim orders passed by the Election Tribunals under the Representation of the People Act (XLIII of 1950).

[12]"Explanation: The Preliminary hearing for the admission of such applications and petitions shall be before a bench of two Judges and before a Single Bench when there is no sitting of Division Bench.”

(b) A proceeding of a civil nature under a special Act of the Central or State Legislature coming before the Court in the exercise of its original jurisdic­tion, e.g. under the Indian Trusts Act, 1882, the Companies Act, 1956, the Inventions and Designs Act, the Indian Divorce Act, the Indian Succession Act, the Guardians and Wards Act or the Banking Companies Act, 1949;

(xix) an appeal, petition or reference under the Code of Civil Procedure, 1898 (1973) other than—

(a)      an appeal or reference or a petition for enhancement of sentence in a case in which a sentence of death or of imprisonment for life has been passed;

(aa) an application by the complainant, under section 417(3) (378 of Cr.P.C. 1973)of the Code, for the grant of special leave to appeal from an order of acquittal;

(b)      an appeal under section 417 (378 of Cr.P.C. 1973) of the Code from an order of acquittal;

(c)      a case submitted under section 307 of the Code;

(d)      a case in which notice has issued to a convicted person who has been sentenced to imprisonment for a term of seven years or0more to show cause why the sentence should not be enhanced;

(e)      A case in which notice has 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;

Explanation.— Preliminary hearings for admission of—

                                                                              (i)          a petition for enhancement referred to in sub-clause (a); and

                                                                             (ii)         an application for grant of special leave to appeal under sub-clause (aa); and

                                                                            (iii)         an appeal under section 417 (378) referred to in sub-clause (b), shall be before a Bench of two Judges.

(xx) A case coming before the High Court in the exercise of its ordinary or extraor­dinary original criminal jurisdiction (including a case under Article 226 of the Constitution of India).

Explanation: The preliminary hearing for the admission of a case under Article 226 of the Constitution of India shall be before a bench of two Judges and before a Single Bench when there is no sitting of Division Bench.

Provided that—

(a)      a Judge may, if he thinks fit, refer any matter mentioned in any of the clauses of this rule other than clauses (x), (xviii) or (xx) and with the sanction of the Chief Justice, any matter mentioned in clauses (xvii) and (xx) to a Division Bench of two Judges;

(b)      a Judge before whom any proceeding mentioned in clause (xviii) is pending, may, with the sanction of the Chief Justice, obtain the assistance of any other Judge or Judges for the hearing and determination of such proceeding or of any question or questions arising therein.

2.   

              (i)          Bench in cases of misconduct of Advocates.

Every case for professional or other misconduct against an Advocate shall be laid before the Honourable the Chief Justice or a Judge nominated in this behalf for an order under section 10(2) of the Indian Bar Councils Act, 1926, as to whether it be rejected summarily or whether an inquiry be held. If an inquiry is ordered, the case shall, after receipt of the findings of the Tribunal or the District Judge, be heard by a Bench of three Judges.

             (ii)         Bench in cases of misconduct of Pleaders.

A disciplinary case against a Pleader, under the Legal Practitioners Act, in which the Honourable the Chief Justice or a Judge nominated in this behalf considers that there are grounds for proceeding further shall be heard by a Bench of two Judges.

            (iii)         Bench for review of orders in such cases.

An application for the review of an order, passed in a case of misconduct against an Advocate or Pleader shall be laid before the Bench which made the order under review.

[13]Provided that if, for any reason, a member of the Bench is unable to sit on the Bench for the reconsideration of its order, the Honourable the Chief Justice may nomi­nate another Judge in this place.

3. Jurisdiction of a Vacation Judge sitting singly.

Except in a case which the law requires to be heard by a Bench of two or more Judges, a single Judge whilst acting in the long vacation as a Vacation Judge, may exercise the original and appellate jurisdiction vested in the Court (i) in any criminal case other than one mentioned in exceptions (a), (b), (c), (d) and (e) of clause (xix) of Rule 1; (ii) in any matter, which he considers urgent, connected with, relating to or arising out of the execution of a decree; and (iii) in any miscellaneous business, which in his opinion requires, immediate attention.

4. All cases to be disposed of by a Bench of two Judges save as provided by law or these rules.

Save as provided by law or by these rules or by special order of the Chief Justice, all cases shall be heard and disposed of by a Bench of two Judges.

5. Hearing of review applications.

In cases not provided for by Order XLVI, Rule 5, an application for a review of a decree or order shall be heard (a) if the decree or order review of which is applied for, was passed by a Judge, sitting alone, by a, Bench of two or more Judges, (b) if the said decree or order was passed by a Bench of two or more Judges, by a Bench consisting of at least as many Judges as the Bench review of whose decree or order is applied for.

6. Constitution of Full Bench.

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

7. Judges of full Bench shall be nominated by the Chief Justice.

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

8. Judge or Judges who refer a case shall ordinarily sit on the Bench which considers the reference.

The Judge or Judges of a Bench by whom any question or case is referred shall ordinarily be members of the Division Bench or Full Bench, as the case may be, appointed to consider such question or case.

9. Case when a Full Bench shall consist of 4 or more Judges.

If a majority of a Full Bench of three Judges so determine, by order in writing at any time before final decision, the Full Bench for the decision of any question or cases referred to a Full Bench of three Judges shall be constituted by four or more Judges according to such direction.

PART C Powers Delegated to the Registrar for the Disposal of Certain Judicial Matters

Powers delegated to the Registrar in civil cases. In accordance with the powers vested in them by clause 35 of the Letters Patent, the Honourable the Chief Justice and Judges of the Punjab High Court have been pleased to delegate the following functions to the Registrar. These functions shall be performed by the Registrar subject to such general or special orders as may, from time to time, be passed by the Honourable the Chief Justice:—

                              (i)          Power to issue notices on an application for Probate or Letters of Administra­tion or for revocation of the same.

                             (ii)         Power to dispose of all matters relating to the service of notices or other processes, including substituted service, except the power to dispense with service on pro forma respondents.

                            (iii)         Power to receive and dispose of an application under Order XXII, Rules 2, 3,4 and 10 of the Code of Civil Procedure, and to amend the record, if necessary, except in cases under appeal to the Supreme Court.

                            (iv)        Power to appoint or discharge a next friend or guardian ud litem of a minor or person of unsound mind, except in cases under appeal to the Supreme Court, and to amend the record accordingly.

                             (v)         Power to receive and dispose of an application for the withdrawal of an appeal or a consent -decree or order.

                            (vi)        Power to receive and dispose of an application under Order XLI, Rules 10, of the Code of Civil Procedure.

                            (vii)        Power to receive an application under Order XLV, Rule 15, of the Code of Civil Procedure, and to issue notice thereon.

                           (viii)       Power to receive an application for substitution of names in an appeal to the Supreme Court, and to issue notice thereon.

                            (ix)        Power to receive and dispose of an application for the return of a document

                             (x)         Power to require any person or party to file an affidavit with respect to any application or matter in respect of which he has power to exercise any discretion or to make any order.

                            (xi)        Power to call for a further deposit 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.

                            (xii)        Power to order payment of the interest accruing on Government Promissory Notes deposited under Order XLV, Rule 7, of the Code of Civil Procedure, and to order the refund of any unexpended balance under Order XLV, Rule 12.

                           (xiii)       Power to direct in what newspapers the publication referred to in Order XLV, Rule 9-A of the Code of Civil Procedure, shall be made.

                           (xiv)       Power to pass orders under the note to Rule 10, Chapter 2-A, Rules and Orders, Volume V.

                            (xv)        Power to pass orders admitting those persons as Advocates and pleaders whose admission does not in any way conflict with any rule or order of the Court. Cases in which the rules and orders of the Court are not fully satisfied should be referred to the Honourable the Chief Justice for orders. No person should be refused admission except by the order of a Judge.

                           (xvi)       Power to dispose of reference under rule 2 of Chapter 6-F(b), Rules, and Orders Volume V, in cases in which it is considered that the license should be renewed with a formal warning without charging the fees for the period for which the license has been renewed. In any case in which it is considered that full fees for such period should be charged, the matter should be referred to the Honourable the Chief Justice for orders.

                          (xvii)       Power to grant time for making up deficiency in court -fees in cases referred to him as Taxing Officer under Section 5 of the Court -fees Act, 1870. No applica­tion for extension of the time will be refused without the orders of the Court

Provided that the Register may refer any matter under this rule to the Court for orders.

Note.— The powers delegated to the Registrar under clauses (i) to (xvi) may also be exercised by the Deputy Registrar subject to general or special orders passed from time to time by the Honourable the Chief Justice.

2. Powers delegated to the Registrar in Criminal cases.

Under the Code of Criminal Procedure, the Registrar has been delegated with the following functions:—

Power to sign complaints under the proviso to section 476(1), [340(3) of the Crimi­nal Procedure Code 1973] Criminal Procedure Code.

3. Duties which the Registrar may be empowered by name to perform.

In accordance with the powers vested in them by Clause 35 of the Letters Patent, the Honourable the Chief Justice and Judges of the Delhi High Court have been pleased to direct that any person holding the post of Registrar or the Deputy Registrar of the High Court may be empowered by name by the Honourable the Chief Justice to perform any of the following duties:—

(a)      To decide the question of the necessity for transcribing and printing any docu­ments not specifically applied for by the parties to an appeal to the Supreme Court.

(b)      To enquire into complaints against legal practitioners and to dismiss in limine those in which no prima facie grounds appear to him to have been made out, either without or after reference to the Bar Council.

(c)      To issue notice to parties in Criminal References.

(d)      To hear motions for the admission of first appeals and either to admit them or to direct them to be laid before a Bench for orders.

(e)      To hear appeals from, or petitions for revision of the order of District Judges in cases affecting their establishment or those of the Courts subordinate to them, and to advise the Chief Justice what orders should be passed.

4. 

The Registrar or the Deputy Registrar shall be deemed to be performing judicial or quasi-judicial functions within the meaning of section 128(2)(1) of the Code of Civil Procedure when exercising powers referred to in Rules 1 to 3 above and their proceed­ings will be subject to revision by a Single Judge on the motion off the party aggrieved.

5. 

The Registrar or the Deputy Registrar may exercise all the powers of a Court under Section 152 of the Civil Procedure Code in respect of their own judicial or quasi-judicial orders.

Note.— The duties assigned to the Deputy Registrar in the various chapters of the Volume shall be performed by the Assistant Registrar in respect of appeals, petitions and applications etc., filed, in the Circuit Court, at Delhi.

PART D Appeals from Decrees in Commercial Causes

1. 

“Commercial causes” include causes arising out of the ordinary transactions of merchants, bankers and traders, such as those relating to the construction of mercantile documents, export or import of merchandise, affreightment, carriage of goods by land, insurance, banking and mercantile documents, export or import of merchandise, mer­cantile agency, mercantile usage and infringements of trade marks and passing off actions. Suits on ordinary loans and mortgages are not “Commercial causes”.

2. 

The Chief Justice shall, from time to time, nominate one of the Judges of the Court to hear “Commercial causes”.

3.     

(a)      All cases under the Companies Act, 1956 and cases affecting the responsi­bility of a Railway Administration as carriers, will be treated as “Commercial causes”.

(b)      The Honourable Judges may however, mark any other case as a “Commercial cause” either at the request of the parties or suo motu, if satisfied that the said case is a “Commercial causes” as defined in Rule 1.

4. 

All appeals, which have been marked as “Commercial causes” by order of a Judge under Rule 3, shall be brought to a hearing as early as may be practicable, and shall, as far as possible, be set down before the Judge appointed from time to time by the Chief Justice to hear “Commercial causes”, or before a Bench of which such Judge is a member. Such causes shall be given priority on the day of hearing over all other appeals except part-heard appeals and cases frequently postponed.

CHAPTER 4Special Procedure

PART I (CRIMINAL)

(A) Special Rules of Procedure in Original Criminal Cases

1. Recording evidence.

In original trials, in proceedings taken under section 428 of the Code of Criminal Procedure, (now Section 391 of the Code of Criminal Procedure, 1973) upon the hearing of an appeal or revision case, and in any other criminal proceeding coming before one or more Judges the Judge or one of the Judges shall make a memorandum in English of the substance of the evidence of each witness as the examination proceeds:

Provided that, by direction of a Judge, the evidence may be taken down in shorthand by an officer of the Court, or other person specially appointed for that purpose.

The transcript of the shorthand shall be corrected and signed by the Judges or one of them and shall then be placed on the record.

2. Signing evidence.

The evidence shall ordinarily be recorded in narrative form, and shall be signed by the presiding Judge and placed with the record.

3. Warrants.

When a sentence of death has been passed upon an accused person convicted at a trial held before the High Court in exercise of its original Criminal Jurisdiction, the Court shall issue a warrant in order to cause such sentence to be carried into effect.

4. Form of Warrants.

A warrant for the execution of a sentence of death or of imprisonment shall conform, as nearly as may be, to the forms prescribed by the Code of Criminal Proce­dure.

5. Signing of Warrants.

A warrant for the execution of any sentence mentioned in Rule 4 shall be signed by the Judge or one of the Judges, who passed the sentence, or, if this be not practicable, by the Chief Justice.

6. Forwarding of accused and warrant to jail.

(a)      Subject to the provision of section 434 [402(2) of the Cr.P.C. 1973] of the Code of Criminal Procedure, when the sentence passed upon an accused person is of any of the kinds specified in Rules 4, the Court shall forthwith cause the warrant to be for­warded to the jail in which he is to be confined, and unless the accused person is already confined in such jail shall cause him to be forwarded to such jail with the warrant.

(b)      When a question is reserved under section 434 (402 of the Cr.P.C. 1973) of the Code, the warrant shall be forwarded as soon as practicable after the question is dis­posed of by the Court.

7. Amended warrants.

Whenever, either by reason of the commutation or alteration of any such sentence as aforesaid or otherwise, an amended warrant becomes necessary, such warrant shall conform so far as may be, mutatis mutandis, to Form No. XXXVI in Schedule V of the Code of Criminal Procedure, and shall be signed in the manner prescribed in Rule 5.

8. Order of detention in safe custody of accused acquitted on the ground of lunacy—form of the order.

An order under section 471 of the Code of Criminal Procedure (now S335 of the Criminal Procedure Code, 1973), shall be made in such form as the Judge making the same thinks fit, and shall be signed by the judge who makes it, and the Court shall forthwith cause the accused person to be forwarded with the order to the place in which he is to be kept in custody.

9. Form of warrant for Levy of Fines.

Whenever an offender has been sentenced by the Court in exercise of its Original Criminal Jurisdiction to pay a fine, and the Court directs that a warrant shall be issued under section 386 of the Code of Criminal Procedure, the warrant shall conform, so far as may be mutatis mutandis, to Form No. XXXVII in Schedule V of the said Code and may be signed by the Clerk of the State.

Note.— Under Section 4(e) of the Code of Criminal Procedure (Act V of 1898), the Honourable the Chief Justice has appointed the Registrar of the Court to discharge the functions given by the said Code to the Clerk of the State—(vide notification No. 173/ 2151-G., dated the 20th April, 1923).

10. Warrants etc., to be sealed.

Every warrant, amended warrant and order made and signed under the preceding rule shall before being issued, be sealed with the seal of the Court

PART C Subsistence and Travelling Allowance to Complainants and Witnesses Attending Trials Before the High Court.

Rule made by the Punjab Government under the powers conferred by Section 544 of the Code of Criminal Procedure, 1898 (Act V of 1898) Now Section 312 of the Code of Criminal Procedure, 1973, regulating the payment of subsistence and travelling allowance to complainants and witnesses attending trials before the High Court in the exercise of its original Criminal Jurisdiction

RULES

1. Disbursing Officer.

All disbursements on account of the expenses of complainants and witnesses attend­ing criminal trials before the High Court, will be made the Committing Magistrate, and will be adjusted by him.

The Committing Magistrate will determine the class to which each complainant and witness belongs.

In the case of a Cantonment Magistrate committing a ease for trial by the High Court, the disbursement of expenses and the payment of advances should be made by the District Magistrate of the district

2. Travelling by road not allowed.

Except for any special reason in any particular case, complainants and witnesses travelling at the public expense will not be allowed by travel by road and charge accordingly, when the journey can be accomplished more cheaply and expeditiously by rail.

3. Committing Magistrate to despatch witnesses to High Court.

The Committing Magistrate, when despatching complainants and witnesses to the High Court will instruct them to report themselves to the Registrar of the Court, on their arrival at Chandigarh, and will at the same time report to that officer:—

(a)      the name of each complainant and witness;

(b)      the class to which he belong;

(c)      the date of his departure to attend at the High Court;

(d)      whether any, and, if so, what advances have been made to such complainants or witness to enable him to reach Chandigarh.

4. Registrar to inform Committing Magistrate departure of witnesses.

When the trial in which the complainant and witnesses have appeared in the High Court is concluded, the Registrar of that Court will intimate to the Committing Magis­trate the date of the arrival of the complainants and witnesses at Chandigarh and the date on which it was possible for them to quit the station. The subsistence allowance at Chandigarh will cease as soon after the conclusion of the trial as the means of quitting the station become available.

5. Payment in advance.

The Committing Magistrate may make reasonable advances to complainants and witnesses to enable them to each Chandigarh; and, when necessary, the Registrar of the High Court will make advances to them at Chandigarh to enable them to return to their homes. Care should be taken in making these advances that a larger sum is not paid to any complainant or witness than he is entitled to receive under these rules, and before making advances to witnesses for the defence, the Committing Magistrate should sat­isfy himself that such witnesses are material.

6. Recovery of advances made by Registrar.

Advances made by the Registrar of the High Court under the preceding rule will be recovered at once from the Committing Magistrate, who will include the amount of such advances in his bill.

7. Submission of bill by Committing Magistrate.

When all the expenses to which complainants and witnesses are entitled under these rules have been paid the Committing Magistrate will submit a bill for the same, sup­ported by the necessary vouchers, to the Registrar of the High Court for countersig­nature. The Registrar’s countersignature will be sufficient authority to support such charges in the Public Accounts.

8. Application of rules to trials held elsewhere.

These rules apply mutatis mutandis in the case of trials held by the High Court elsewhere than at Chandigarh.

9. Expenses of witnesses in other cases.

(1)     In the event of a witness being summoned to attend the High Court in a criminal case, other than a trial before the High Court in exercise of its original criminal jurisdiction, the expenses of such witness will be paid by the Registrar or District Magistrate at such rates as the Court may direct.

Notes.— (1) Fees of Superintendent, Mental Hospital. The Superintendent of the Mental Hospital, being the Government specialist in lunacy, is not entitled to any fee for giving expert evidence on behalf of Government in the High Court

(2)     Fees of Chemical Examiner. The Chemical Examiner or the Assistant Chemical Examiner when summoned give evidence before the high Court shall be entitled to recover the following fee for each appearance:—

(3)     As charges under Rule 7 are debitable to audited contingencies, vouchers for sum above Rs. 25 should accompany the bill sent to the Accountant-General, for audit.

(Punjab Government, Home/Judicial, Notification No. 5034-J-56/8467, dated 13th November, 1956).

PART D Rules of Procedure in Cases Under Section 374 (366 of the Cr.P.C. 1973) of the Code of Criminal Procedure

1. Procedure.

The rules of procedure to be followed by Sessions Judges in the submission of proceedings to the High Court under section 374 (366) of the Code of Criminal Proce­dure are continued in Chapter 24-B, Rules and order, Volume III.

2. Printing of record.

On receipt of the proceedings the Deputy Registrar shall take immediate steps to have the record printed under the rules next following.

3. Contents of printed record.

The printed record in Murder Reference Cases shall consist of the following docu­ments:—

(1)     Opening sheet of Sessions record.

(2)     Notes and Orders of the Sessions Judge.

(3)     Chargesheet and plea of the accused.

(4)     First Information Report

(5)     Inquest Report

(6)     Report of Chemical Examiner and Serologist if any.

(7)     Statements and confessions recorded under Section 364 (281 of the Cr.P.C. 1973) of the Code of Criminal Procedure.

(8)     Examination of accused under Section 342(313) or any other provision of the Code of Criminal Procedure by the Magistrate.

(9)     Record of evidence in court of Sessions with any further examination of ac­cused under Section 342(313) of the Code of Criminal Procedure, and altered charge, if any.

(10)   Material Documentary evidence, if any.

(11)   Judgment of Sessions Judge.

(12)   Petition of Appeal.

4. Copies of the record.

Fourteen copies of the Sessions record shall be printed at Government expense with the least possible delay, if there is only one accused, but in case the number of the accused exceeds one, an extra copy shall be printed for each additional accused.

5. Defence counsel at Government expense.

In a case where the Sessions Judge certifies that the accused person cannot afford to engage counsel for his defence in the High Court, the Deputy Registrar shall take steps to have counsel engaged for his defence at Government expense.

6. Time limit for hearing Murder Reference.

The hearing of the Murder Reference, in view of confirmation or otherwise of the sentence of death passed by the Sessions Judge under section 374 [366(1) of the Cr.P.C. 1973] of the Code of Criminal Procedure, shall take place as a rule within about six weeks after the date of despatch of the copy of the Sessions Judge’s judgment to the convict.

7. Information of decision to accused.

Immediately on the sentence of death being confirmed or not confirmed, as the case may be, by the High Court, the Deputy Registrar shall inform the Superintendent of the jail in which the prisoner is confined of the decision and direct him to communicate the same to the prisoner forthwith. The Deputy Registrar shall at the same time inform the Sessions Judge concerned and return the records to him for taking steps under section 381 (473 of the Cr.P.C. 1973) of the Criminal Procedure Code. Copies of the High Court Judgment shall be sent to that officer later, and as promptly as possible.

8. Record to be sent to Government.

The record of every case as prepared for the use of the High Court in which the sentence of death has been confirmed by the High Court, together with a copy of the High Court judgment and translations of Police Zimnis, shall, as soon as orders have been passed confirming the death sentence, be forwarded to the State Government

PART E Rules Regarding Legal Assistance to Persons Charged with Capital Offences in High Court

The High Court has framed the following rules for giving legal assistance to persons charged with an offence punishable with death:—

1. Recommendations for legal assistance at Government expense to persons charged with offences punishable with death.

(a)      When an accused is committed to the High Court in the exercise of its original criminal jurisdiction to stand his trial for an offence punishable with death the Commit­ting Magistrate shall report whether the accused was represented by counsel in the proceedings before him, and whether the accused can afford to engage counsel for his trial in the High Court:

(b)      When an accused person has been called upon by the High Court to show cause why a lesser sentence should not be enhanced to a sentence of death, the District magistrate, on receipt of a notice for service upon the person called upon to show cause, shall, if he is satisfied that the accused is unable, because of poverty, to engage Counsel for his defence, furnish a certificate that the accused is entitled to be defended by a counsel at Government expense;

(c)      when a sentence of death is referred by a Session Judge to the High Court for confirmation under the provisions of section 374 (366 of the Cr.P.C. 1973) Criminal Procedure Code, the Sessions Judge shall note whether the accused person was repre­sented by counsel in his Court, and whether the accused can afford to engage counsel for his defence in the High Court.

2. High Court may arrange counsel at Government expense in case other than of poverty.

If the High Court decides that the accused is unable on account of poverty to engage counsel for his defence, the High Court shall make arrangements to employ counsel at Government expense.

The High Court may also employ counsel, if it thinks fit, in every case when the accused is unrepresented irrespective of considerations relative to the means of the accused to engage counsel.

2A. High Court may arrange counsel at Government Expense in any Criminal Case.

Notwithstanding anything contained in the foregoing rules, the High Court may, if it considers necessary so to do, make arrangements to supply counsel at Government expense in any criminal case if the accused appellant/petitioner/respondent is unable to engage a counsel.

3. List of selected defence counsels to be kept.

The High Court shall, for the above purpose, maintain a list of legal practitioners whom the Chief Justice may select from time to time as fit to be employed in such cases.

4. Printed record to be supplied free of cost in advance to defence counsel.

When a counsel is required, the Court shall Select from this list a legal practitioner to defend the accused, Counsel appointed in such cases, should be given sufficient time to enable him to study the necessary documents, which will be the printed record of the case as prepared in the High Court. This will be supplied free of cost.

5. Scales of fees of defence counsels.

The legal practitioner so employed shall receive, a fee of Rs. 50, or if the hearing lasts more than a day a fee not exceeding Rs 50 per day. This payment shall be made through the Legal Remembrancer on the production of a certificate signed by the Judges or by one of the Judges hearing the case, in which the total amount of fees allowed to the legal practitioner by the Judges hearing the case shall be stated.

PART F (a) Rules Framed by the High Court for the Issue of Writs of Habeas Corpus under Article 226 of the Constitution of India

1. Application how made.

An application for a writ of habeas corpus shall be filed with the Deputy Registrar and shall be accompanied by an affidavit of the person restrained, stating that the application is made at his instance and setting out the nature and circumstances of the restraint:

Provided that where the person restrained is unable owing to the restraint to make the affidavit, the application shall be accompanied by an affidavit to the like effect made by some other person, which shall also state the reason why the person restrained is unable to make the affidavit himself; and

Provided further that all communications addressed to the High Court by a person in the custody of a public officer complaining of his detention or the conditions of his detention, whether supported by affidavit or not shall be laid before the court for orders as applications under this rule.

2. Simultaneous applications.

              (i)          The applicant shall also state both in the application and affidavit whether a more or less similar application has been made to the Supreme Court and if so shall append thereto a copy of the application and a copy of the orders, if any, passed by the Supreme Court.

             (ii)         Stay pending decision by Supreme Court. In case any simultaneous applica­tion has been made to the Supreme Court, the hearing of the application to the High Court will ordinarily be adjourned pending the decision of the Supreme Court in the matter.

3. Bench.

The. Bench for hearing an application for a writ of habeas corpus shall be as laid down in clause (xx) of Rule 1 of Chapter 3 Volume V, High Court Rules and Orders.

4. Rule nisi.

If the Court is of the opinion that a prima facie case, for granting the applications is made out, a rule nisi shall be issued calling unon the person or persons against whom the order is sought, to appear on a day to, be, ned therein to show cause why such, orders should not be made absolute and at the me time to produce in Court the body of the person or persons alleged to be illegally' or lmproperly detained then and there to be dealt with according to law:

Provided however that the Court may in any particular case order that the produc­tion of the body of the person restrained may be dispensed with.

5. Copy for respondent(s).

If the Court grants a rule, the applicant shall, unless, the admitting Bench orders otherwise, file two typed copies of the application, with copies of enclosures, for the use of the Court and an additional typed copy or copies, as the case may be, of the application for being supplied to the person(s) or authority upon whom the writ is to be served.

6. Service of summons.

The summons or notice of rule aforesaid shall be served on the persons against whom the issue of the writ is sought and on such other person as the Court or Judge may direct, and, unless the Court or Judge otherwise directs, there shall be at least eight clear days between the service of the summons or notice and the date named therein for the hearing of the application.

7. Search warrants.

              (i)          If the application for a writ of habeas corpus alleges that the person is confined under such circumstances that the confinement amounts to an offence the Court may, at the time of issuing a rule nisi also issue a search warrant, and the person to whom the warrant, is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately brought before the Court, which shall make such order as in the circumstances of the case may seem to be proper.

             (ii)         The provisions of sections 43, 75, 77, 79, 82, 83 and 84, 38, 70, 72, 74, 77, 78 and 79 (38, 70, 72, 74, 77, 78 and 79 of the Cr.P.C. 1973) of the Code of Criminal. Procedure, shall, so far as may be, apply to all such warrants issued under clause (i) of this rule.

            (iii)         If the Court issuing a search warrant under clause (i) of this rule has reasons to believe that the person to whom the warrant has been directed may not be able to identify the person confined, the Court may order a person named in the warrant to accompany the person to whom the warrant is directed, to assist him in the execution of the warrant.

8. 

The writ or the warrant shall along with a copy of application and a copy of the order be served by the Bailiff of the Court or by such other person as may be appointed by the Judge. Where the application is by or on behalf of a security prisoner, the writ will be served on the Government and not on the officer detaining the prisoner.

For the purposes of this rule a security prisoner is a person detained by the order of the Central Government or the State Government, under Section 3 of the Preventive Detention Act, 1950 (No. IV of l950) or under the Punjab Security of the State Act, 1953 (Punjab Act No. XII of 1953)

9. Recording evidence.

The Court may, if necessary, in disposing of such rule, take evidence or direct a Court of Session or a Magistrate to take evidence.

10. Orders.

On the returnable 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.

11. Release order returnable immediately.

Where a person ordered to be set at liberty under the foregoing rule is not present in court, an order for his release shall be issued forthwith to the authority or person restraining him. This order shall be made returnable, duly executed, immediately after service on the said authority or person, to the court indicated in the order of release.

12. Release order how served.

The order of release shall be served personally if possible upon the person to whom it is directed; or, if not possible, or if the order be directed to a gaoler or other public official, by leaving it with a servant or agent of the person to whom the order is directed at the place where the prisoner is confined or restrained.

13. Release order sufficient warrant to gaoler etc.

The order for release made by the Court, or the Judge, shall be sufficient warrant to any gaoler, public official or other persons for the release of the person under restraint.

14. Control and direction over custody of prisoner.

Upon the return and the production of the party on whose behalf the rule was issued, the custody of the prisoner shall be under the control and direction of the Court until the disposal of the rule. Pending the hearing, the Court may admit the prisoner to bail or remand him to the prison where he is in custody.

15. Costs.

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

16. Forms.

The forms of warrants Nos. 1 and 2 in the Appendix to these rules shall be used in these proceedings.

APPENDIX (See Rule 16)

Form of Warrant No. 1 (See rule 4).

Delhi High Court

To the officer incharge of (name of jail or lunatic asylum or other place, where the person is detained in custody) or to (name of person).

You are hereby required to have the body of B.C. now a prisoner in your custody (or now in your custody) before the High Court, on the day of next, by of the clock in the forenoon of the same day to be dealt with according to law and you Shall then and there abide by such order as shall in that behalf be made by the said Court (if the prisoner is detained in public custody add) and unless the said B.C. shall then and there, by the said Court, by order to be released, you shall, after the said Court shall have dispensed with his further attendance cause him to be conveyed, under safe and sure custody, back to the said (jail or asylum or other place of custody).

Given under may hand and the seal of the Delhi High Court, this day .................. of .................19 .

Deputy Registrar.

Note.— This warrant is in duplicate. One copy thereof should be signed with your dated signature in token of receipt and forwarded to the High Court with the least possible delay.

Form of Search Warrant No. 2 (See rule 7)

Delhi High Court

To

(The name and designation of the person too whom the warrant is directed.)

Whereas information has been laid before this Court that (give the name and de­scription of the person alleged to the illegally detained) is being illegally detained in (describe the house or place where the person illegally detained). This is to authorize and require you, with the assistance of (give the description of the person authorized to accompany the person to whom the warrant is directed) to search for the aforesaid (give the name and description of the person illegally detained) in the (describe the place to which the search is to be confined) and, if found, to produce him forthwith before this Court to be dealt with according to him.

Give under my hand and the seal of the Delhi High Court, the day -..................... of ....................... 19

Deputy Registrar.

PART IICIVIL

PART F (b)

Rules Framed by the High Court for Issue of Writs of Mandamus, Prohibition, quo warranto and certiorari under Article 226 of the Constitution of India

1. 

Every application for the issue of any directions, orders or writs in the nature of mandamus, prohibition, quo warranto or certiorari mentioned in Article 226 of the Constitution of India, shall set forth all the facts and ground on which the relief is sought, and shall be supported by affidavit. The applicant shall also state both in the application and the affidavit whether a more or less similar application has been made to the Supreme Court and if so shall apend thereto a copy of the application and a copy of the orders, if any, passed by the Supreme Court.

1-A

              (i)          All petitions under Article 226 of the Constitution of India wherein a prayer for Stay or any other interim relief is contained shall be made on motion after notice to the parties effected thereby.

             (ii)         The notice referred to above shall be served personally or through registered post acknowledgment due on the parties affected not less than five clear days before the day the petition is filed and shall be accompanied by a copy of the main petition and shall also contain the time and place of moving of petition.

            (iii)         The main petition shall contain an averment that the notice referred to in sub­rule (ii) above has been duly served.

            (iv)        If the petition is not made on the date intimated to the opposite party or parties, it shall be incumbent on the petitioner to serve a fresh notice of his intention to move the petition in accordance with the provisions of sub-rule (i) above.

             (v)         Where the delay caused by notice is likely to entail serious hardship an applica­tion may be made for an ad interim ex parte order duly supported by an affidavit and the Court, if satisfied that the delay caused by notice would entail serious hardship, may make an order ex parte upon such terms as to costs or otherwise and subject to such undertaking, if any as the Court may think just and proper.

2. 

An application under Rule 1 except Civil Writ against final or interim orders passed by the Election Tribunal under the Representation of the People Act (XLIII of 1950) shall be heard and disposed of by a Single Bench. In case any simultaneous application has been made in the Supreme Court, the hearing of the application to the High court will ordinarily be adjourned pending the decision of the Supreme Court in the matter.

3. 

The Court may either summarily dismiss the application or order a rule nisi to be issued against the opponent against whom it is sought, as it thinks fit. Any rule so granted shall be made returnable on such day as the Court may direct, but it shall not be made returnable within less than fourteen days after service thereof on the opponent.

3-A. 

If the Court grants a rule, the applicant shall file two typed copies of the application, with copies of enclosures, for the use of the Court. He shall also file additional typed copy or copies, as the case may be, of the application for being supplied to the opponents).

4. 

If the Court grants a rule, it may make such interim or interlocutory order in the case, either unconditionally or upon such terms and conditions as the Court thinks just as the nature and circumstances of the case may require.

5. 

The rule nisi granted as above shall along with a copy of the application and a copy of the order, if any, made under the last preceding rule, be served on the opponent in the manner prescribed in Order V of the Civil Procedure Code for the service of summons upon a defendant in a suit.

6. 

An answer to the rule nisi or notice showing cause against such application shall be made in person or through an Advocate by filing an affidvait, engrossed on judicial paper typed in double-spacing and on one side of the paper only, in the office of the Registrar or by depositing the same in the petition box of the Court kept outside the room of the Deputy Registrar (Judicial) between the hours of 10 a.m. and 4 p.m. on any day which is not a Court holiday. The written statement or the affidavit in reply to the writ petition shall not be received by the Registry and shall not be deemed to have been filed unless an advance copy of the same has been served on the counsel for the petitioner and his acknowledgment obtain on the original written statement on a day at least two days before the returnable date of the rule or notice. In a case where the petitioner is not represented by counsel, the written statement or affidavit in reply to the writ petition shall be accompanied by a post office registration receipt showing the despatch of a copy of the same to the petitioner under a registered acknowledgment due cover at least two days before the returnable date of the rule or the notice. Written statement or affidavit sent by a petitioner or respondent to the Registry of the Court by post shall not be entertained by the Court and it shall be liable to be returned per bearing post. All annexures to writ petitions and written statements or affidavits shall unless they are original documents, be typed and engrossed on judicial paper in double spacing on one side of the paper only.

7. 

The Court may in its discretion, at any time before a final order is made on the application, order the rule nisi to be served on any party to be affected by any order which the Court may make in the matter. The provisions contained in the last two preceding rules relating to service of the rule and filing of an affidavit in reply shall apply to such a case.

8. 

No further affidavit or affidavits shall be filed by any party except with the leave of the Court.

9. 

If cause be shown or answer made upon affidavit putting in issue any material question of fact, the Court may allow oral testimony of witnesses to be taken and for that purpose may adjourn the hearing of the rule to some other date. In such a case either party may obtain summonses to witnesses, and the procedure in all other respects shall be similar to that allowed in original causes in the High Court.

10. 

In case of difference of opinion between the Judges composing the Divisional Court, the point of difference shall be decided in accordance with the procedure re­ferred to in clause 26 of the Letters Patent.

11. 

The costs of all applications and orders made under this Chapter shall be in the discretion of the Court

Part II (Civil)

Part F(b)— Rules Framed by the High Court for Issue of Writs of Mandamus, Prohibition, quo warranto and certiorari under Article 226 of the Constitution of India

1. 

Every petition for the issue of any direction, order or writ in the nature of mandamus, prohibition, quo warranto or certiorari, mentioned in Article 226. of the Constitution of India, shall be in writing and shall set out the name and description of the petitioner, the nature of the relief sought and the grounds on which is is sought, and shall be accompanied by an affidavit verifying the facts relied on, and at least three copies of the petition and affidavit shall be lodged in the Registry. The petition shall state whether the petitioner has moved the Supreme Court for similar relief and if so, copies of the said petition to the Supreme Court and the order made thereon shall also be filed.

The Writ Petition shall be accompanied by a chronological statement of necessary facts.

2. 

The petition shall be posted before the Court for preliminary hearing and orders as to the issue of notice to the respondent Upon the hearing, the Court if satisfied that no case has been made out for its interference may dismiss the petition and if not so satisfied shall direct a rule nisi to be issued to the respondent calling upon him to show cause why the order sought should not be made, and shall adjourn the hearing for the respondent to appear and be heard.

3.    

(1)     Upon making the order for a rule nisi, the Court may, if it thinks fit, grant ex-parte such ad interim relief to the petitioner as the justice of the case may require, upon such terms, if any, as it may consider just and proper.

(2)     Notice of every such ex-parte order shall be given to the party affected thereby and unless the Court has appointed a day for the return of the said notice, or otherwise directs, the Registrar shall fix a date for the return of the said notice and the application for ad interim relief shall be posted before the Court for final orders on the returnable date.

4. 

The rule nisi together with a copy of the petition, the affidavit in support thereof, the other accompanying documents and of any ad interim order therein together with a copy of the application on which such order is based shall be served on the respondent not less than 28 days before the date fixed for the hearing.

Affidavits in opposition shall be filed in the Registry not later than three months unless further extended by the Court, for sufficient cause, from the date of service of notice of the rule nisi, failing which the case will be listed before the court for orders for default. Copies of affidavit in opposition or reply shall be served on the opposite party or parties and the affidavits shall not be accepted in the Registry unless they contain an endorsement of service signed by such party or parties. Every party to the proceedings shall supply to any other party on demand copies of any affidavit filed by him.

The proposed proforma will be as Annexures “A & B.”

5. 

At the hearing of rule nisi, if the Court is of the opinion that an opportunity be given to the parties to establish their respective cases by leading further evidence, the Court may take such evidence or cause-such evidence to be taken in such manner as it may deem fit and proper.

6. 

Where no ad interim relief is granted, the rule nisi and the accompanying documents shall, ordinarily, be served by the petitioner on the respondent; and upon such service being affected, the petitioner shall file in the Registry an affidavit of such service. The said affidavit of service shall be filed at least 10 days before the date appointed for the hearing.

Provided that the Registrar may on the application of the petitioner direct the process to be served by the Court.

7. 

Unless otherwise ordered by the Court, every petition in which a rule nisi is granted shall be posted before the Court for final hearing and disposal within three months of the grant of the rule nisi.

Where for any reason, it is not possible to post the petition for final hearing within the period aforesaid the Registrar shall place the matter before the Court for directions.

ANNEXURE ‘A’

IN THE HIGH COURT OF DELHI AT NEW DELHI (SHOW CAUSE NOTICE)

Case No. ______________________________

___________________________ Appellant(s)/Petitioner(s) Versus

______________________________Respondent(s)

Notice to:

________________________________

________________________________

Whereas the appellant(s)/Petitioner(s) abovenamed has/have presented an appeal/petition under Section (Copy enclosed), notice is hereby given to you to show cause why the appeal/petition should not be admitted.

Should you wish to urge anything in reply to the Show Cause Notice, you are at liberty to do so on (actual), the date fixed before the Court, either personally or through an Advocate duly authorized by you.

Take further notice that C.M. No. has been admitted to hearing and will be listed before the Court on the aforesaid date.

SUPERINTENDENT (CIVIL)

for REGISTRAR, HIGH COURT OF DELHI

NAME ____________________________________

SIGNATURE _______________________________

Advocate for the __________________________

ApelIant(s)/Petitioner(s) ____________________

Address _________________________________

________________________________________

________________________________________

Note: This notice should be served on or before the _______________day ________________ of 19 ________________________)

ANNEXURE ‘B’

IN THE HIGH COURT OF DELHI AT NEW DELHI (SHOW CAUSE NOTICE)

Case No. ______________________________

___________________________ Appellant(s)/Petitioner(s) Versus

______________________________Respondent(s)

Notice to:

________________________________

________________________________

Take notice that the above-mentioned Appeal petition (copy whereof is annexed

herewith) has been admitted to hearing by this Court’s order dated __________________ day of ________________ 198 ______________ (Farzi) has been fixed for hearing of the appeal/petition and the same will be taken up by the Court on that day or any subsequent date as may be convenient to the Hon’ble Court.

If you wish the defend to petition, you may cause an appearance to be entered on your behalf, either personally or through an Advocate, duly appointed by you for the purpose, within 30 days of the receipt of this Notice. In case you wish to defend the petition in person, you should furnish in this Registry a local address for service of process on you.

Take further notice that C.M. No.____________________ has been admitted to hearing and will be listed before the Court on _________________________

Take further notice that if no appearance is made on your behalf the matter will be heard and decided in your absence.

SUPERINTENDENT (CIVIL ...........................................)

for REGISTRAR, HIGH COURT OF DELHI

NAME ____________________________________

SIGNATURE _______________________________

Advocate for the __________________________

ApelIant(s)/Petitioner(s) ____________________

Address _________________________________

________________________________________

________________________________________

Note: This notice should be served on or before the _______________day ________________ of 19 ________________________)

PART G Special Rules of procedure in Original Civil Cases.

(a) Evidence

1. Record of examination of parties and evidence of witnesses.

When, at the first or at any subsequent hearing of a suit, any party appearing in person or person in Court, or any person able to answer any material questions relating to the suit by whom such party or his pleader is accompanied, is examined by the Court, the substance of such examination shall be reduced to writing by the Judge and shall form part of the record; the substance of what each witness deposes shall similarly be reduced to writing by the Judge, and shall form part of the record; provided that the Judge may, if he thinks proper direct the substance of the examination or the evidence to be recorded in shorthand by an officer of the Court or other person specially ap­pointed for the purpose. In the latter case, the transcript of the shorthand shall be corrected and signed by the Judge and then placed on the record.

2. Conduct of trial where the Judge dies before conclusion or ceases to be attached to the Court.

If the Judge who has recorded evidence or caused it be recorded in his presence, under these rules, dies or ceases to be attached to the Court before the conclusion of the suit, the Judge before whom the suit is continued may, if he thinks fit, deal with the evidence so recorded as if it had been recorded by himself or in his presence.

(b) Judgments and Orders

3. Oral Judgments.

Judgments may be written by the Judge in English or delivered orally, and in the latter case a note thereto in writing in the English Language or Shorthand, shall be taken by an officer of the Court in attendance for the purpose. The note so taken shall be written out or typed in full by the officer by whom it was taken, and shall be submitted by him to the Judge for correction. After being corrected by the Judge, where necessary, it shall be filed as the judgment of the Court

4. Contents of Judgment.

The Judgment shall contain a concise statement of the case, the points for determi­nation, the decision thereon and the reasons for such decision. When issues have been framed, the finding or decision of the Court upon each separate issue shall be stated, with the reason therefor unless the finding upon any one or more of the issues be sufficient for the decision of the suit

5. Pronouncement of Judgment.

(1)     After a case has been heard judgment may be pronounced either at once or on some future date which shall be notified in the Cause List. No other notice to the parties shall be necessary.

(2)     Where a case is heard by two or more Judges and judgment is reserved, their judgment or judgments may be pronouncement by one of them. If no such Judge be present such judgment or judgments may be pronounced by any Judge.

(3)     Where a case is heard by a Judge sitting alone and judgment P seved, his judgment may, in his absence, be pronounced by any other Judge.

6. Opinion written before delivery of Judgment.

When a case has been heard by a Bench of the Court, the written opinion of the Judges who heard the case, but who have ceased to be attached to the Court before delivery of judgment, shall, unless delivered by another Judge of the Bench which heard the case, be deemed to be minutes merely and not judgments.

7. Death of a party before delivery of Judgment.

When a party to the suit dies after the last hearing but before delivery of Judgment, the Court may order the Judgment to bear the date of the last hearing.

8. Filing Memo of appeal in case or oral Judgment.

A memorandum of appeal in a case in which judgment has been delivered orally, shall be received and filed without a copy of the judgment.

9. Note of order passed to be kept.

When an order is made in Court or in Chambers a note of its purport shall be made and signed by the Judge or Judges making the order; and if the order disposes of petition, the reasons for making it shall be stated.

10. Payment of Costs to be condition precedent of permission to withdraw a suit.

When a suit is allowed to be withdrawn with leave to bring a fresh suit, the order shall be drawn up so as to make the payment of the costs of the first suit a condition precedent to the plaintiff bringing a fresh suit, unless the Court or the Judge who gave permission shall otherwise direct.

PART GG

Rules of Procedure and Guidance in the Matter of Trial of Election Petitions Under Part VI of the Representation of the People Act, 1951, as Amended

1. Definitions.

Unless the context otherwise requires, the following words and expressions, when used in this Chapter, have the meaning assigned to them in these rules :—

                              (i)          “Act” means the Representation of the People Act, 1951, as amended from time to time.

                             (ii)         “Advocate in charge” means the Advocate through whom the petition has been filed other than the Senior Advocate, if any, instructed by him.

                            (iii)         “Candidate” means a person, who has been or claims to have been duly nomi­nated as a candidate at any election, and any such person shall be deemed to have been a candidate as from the time when with the election in prospect he began to hold himself out as a prospective candidate.

                            (iv)        “Chief Justice” means the Chief Justice for the time being and shall include an Acting Chief Justice of the High Court.

                             (v)         “Designated Judge” means any Judge of the High Court assigned by the Chief Justice under section 80-A(2) of the Act for the purpose of trial of Election Petitions.

                            (vi)        “Elector” means a person, who was entitled to vote at the election, to which the election petition relates, irrespective of the fact whether he has actually voted at such election or not

                            (vii)        “High Court” means the High Court of Delhi.

                           (viii)       “Petition” means an election petition filed under sections 80 and 81 of the Act.

                            (ix)        “Prescribed” means prescribed under these rules or the rules made under the Act or the Code of Civil Procedure, 1908.

                             (x)         “Registrar” means the Registrar of the High Court and includes a Deputy Regis­trar and any other official of the Registry of the Court authorised by the Chief Justice to discharge the functions of the Registrar under this Chapter.

                            (xi)        Any other words or phrases used in this Chapter, but not herein defined, shall be given the meaning ascribed to them in the Act or in the Code'of Civil Procedure, 1908, as the case may be.

2. Jurisdiction (Sections 79(c) and 80).

No election held within the territories, which are subject to the jurisdiction of the High Court, shall be called in question except by an election petition presented to the High Court in accordance with the provisions of Part VI of the Act. (Section 79(c) and section 80).

3. Designation of Judges.

The chief Justice shall, from time to time, assign one or more Judges of the High Court for the purpose of trial of petitions [Section 80-A(2)].

4. Benches.

(a)      The Petitions shall ordinarily be tried by any one of the designated Judges [Section 80-A(2)].

(b)      Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same desig­nated Judge, who may, in his discretion, try them separately or in the one" or more groups [Section 86(3)].

5. Place of trial.

Petitions shall normally be tried at the place where the seat of the High Court is for the time being situated. The designated Judge or Judges, may, however, in his or their discretion, and in consultation with the Chief Justice, direct that in the interest of justice or for the sake of convenience any election petition shall be tried and/or heard, either wholly or partly, at a place other than the place of the seat of the High Court. [Section 80A(3)].

6. Limitation.

A petition shall not be filed earlier than the date of election of the returned candi­date; and may be filed by any candidate at the election or by any elector within forty five days from the date of election of the returned candidates or, if there are more than one returned candidates at the election and the dates of their election are different, the later of those two dates [Section 81(1)].

7. Security for costs.

(a)      At the time of presenting an election petition, the petitioner shall deposit in the High Court, in accordance with the rules for making deposits in the said Court, a sum of Rs 2,000 (Rupees two thousand only) as security for costs of th respondents [Section 117(1)].

(b)      During the course of the trial of the petition, the High Court may, at any time, call upon the petitioner to give such further security for costs as it may direct. Section 117(2).

8. Parties to a petition.

A petitioner shall join as respondent to his petition (Section 82):—

(a)      Where the petitioner, in addition to clairhing a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candi­dates other than the petitioner, and where no such further declaration is claimed all the returned candidates; and

(b)      any candidate against whom allegations of any corrupt practice are made in the petition.

9. Added Respondents.

Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent [Section 86(4)].

10. Security from added respondent.

No person shall be entitled to be joined as a respondent under the last preceding rule unless he has given such security for costs as the High Court may direct. In the absence of a specific order in that respect, such a respondent shall be required to deposit a sum of Rs 1,000 (Rupees one thousand only) as security for costs [Section 118].

11. Contents of Petition.

              (i)          A petition may be presented, either in person or through an Advocate in charge, for calling in question any election on one or more of the grounds specified in sub­section (1) of sections 100 and 101 of the Act by any candidate at such election or any elector, and

(a)      shall contain a concise statement of the material facts on which the peti­tioner relied, arranged so far as possible in strictly chronological order Section 83(1);

(b)      shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice Section 83(1); and

(c)      shall be signed and verified by the petitioner in the manner laid down in Order VI, rule 15 of the Code of Civil Procedure, for the verification of pleadings.

             (ii)         The petition will be presented to the Registrar within office hours on any working day and his receipt showing the date and time of filing of the petition shall be obtained. The receipt shall, also, indicate the date on which the petitioner or his Advo­cate, if any, must appear before the Registrar for removal of formal defects, if any. The said receipt shall be in Form ‘A’ appended to these rules.

12. Papers accompanying the petition.

Every petition shall be accompanied by:—

(a)      Where the petitioner alleges any corrupt practice in the petition, by an affidavit, in the prescribed form, duly sworn before a competent judicial authority or an Oath Commissioner under his seal or stamp in support of the allegation of such practice and the particulars thereof. In the verification the petitioner shall sepa­rately specify, by reference to the numbered paragraphs of the affidavit, the facts which he verifies of his personal knowledge and those which are verified on information received and believed to be true, in the latter class of averments, the petitioner shall further specify the source of his information [Section 83(1)].

(b)      Schedules or annexures to the petition referred to in the body of the Peti­tion.— Such schedules or annexures shall also be signed by the petitioner and verified in the same manner as the petition [Section 83(2)].

(c)      The documents in the possession or power of the petitioner, on which he relies in support of his petition, together with a list thereof in Form ‘B’ appended to these Rules.

(cc) A list of any other documents on which the petitioner relies in support of his claim which shall be in Form ‘BB’ appended to these rules, and where any such, document is not in possession or power any of the petitioner he shall, if possible, state in whose possession or power it is.

(d)      The original receipt for the deposit of security for costs.

(e)      A cloth-lined strong envelope of the size of not less than 10" X 15” for keeping documents;

(f)       twice as many copies of the election petition as there are respondents men­tioned in -the petition. Every such copy shall be attested by the petitioner under his own signature to be true copy of the petition; and

(g)      as many pre -paid Registered Acknowledgement Due Postal Covers as there are respondents mentioned in the petition, with the addresses of all those respon­dents being inscribed either in type or in neat and legible manuscript on the respective covers.

The petitioner or the Advocate incharge should ensure that the postage pre -paid on the covers is enough to cover the requisite postage keeping in view the weight of the copy of the petition and its annexures and schedules, if any, which have to be despatched therein. If necessary, special postal covers may be got prepared for the purpose which should be of such size as may be able to contain conveniently a copy each of the election petition and its annexures and schedules.

(h)     A statement giving an address at which service of notices or other processes may be made on the petitioner. The said address shall be within the local limits of the High Court. Where the petitioner fails to file the said address, his petition shall be liable to be dismissed. Due service of all processes and communica­tions shall be deemed to have been effected on him by properly addressing, pre­paying and posting by registered post, a letter containing the said processes or communications and unless the contrary is proved the service shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Service of all processes and communications on the counsel for the petitioner, if any, shall be deemed to be due service of the same on the petitioner.

13. General requirements regarding petitions.

(a)      All petitions shall be clearly typed or cyclostyled or printed on only one side of foolscap Government (Judicial) paper in double space with at least a quarter margin.

(b)      All copies of the petition shall be similarly prepared, but on ordinary paper.

(c)      All copies of the petition shall conform to the original, page by page and line by line.

(d)      The petition and the copies shall be page-marked legibly and the Annexures and Schedules if any; attached to the petition, shall be consecutively page-marked in the same manner.

(e)      A cleanly typed, cyclostyled or printed index will be put at the top of the petition showing the serial number of the document, its date, particulars and the page or pages on which it occurs in the papers filed by the petitioner or the Advocate in charge and shall be signed and dated by the Petitioner or such Advocate.

(f)       The petitions and their annexures and schedules shall be in the English lan­guage. Any original document or any copy of a document, which is not in the said language shall be accompanied by its translation into English, duly certified by the petitioner or the Advocate incharge to be a correct translation of the original or of the copy as the case may be.

(g)      The petitioner or the Advocate incharge shall ensure that the petition does not suffer from unnecessary prolixity and does not contain any scandalous or vexatious allegations which are not necessary to be made for deciding the matter really in issue.

14. Scrutiny of papers.

(a)      The Registrar shall cause the petition and its accompany documents to be scrutinised under his personal supervision. On the conclusion of such scrutiny, the Registrar shall make an endorsement on the back of the last page of the index to the effect that the papers have been scrutinised and if the same have been found to be in order or not, if the Registrar finds that the papers are not complete or do not, otherwise comply with the requirements of these rules or the provisions of Part VI of the Act, an endorsement to that effect would be made specifying the defaults or the omissions which require rectification. The endorsement would also show separately if the security for costs referred to above has been deposited by the petitioner before the filing of the petition, and, if the petition has been filed within limitation.

(b)      On such scrutiny if it is found that the petition does not comply with the requirements of section 81 or section 82 or section 117 of the Act, the Registrar shall make a specific enforcement (endorsement) to that effect.

(c)      If some other defect is detected in the petition or it is found that it does not comply with any other rule, the petition will be returned with such endorsement as hereinbefore specified, to the petitioner or the Advocate incharge, on the date specified in the receipt under rule 11 (ii). The said endorsement shall specify the time within which the defect or defects mentioned therein shall be removed and the said time shall not exceed seven days in any case. The rectified petition shall be refiled by the peti­tioner of the Advocate incharge within the time so specified.

(d)      A list of all the petitions, which are not in conformity with the mandatory provisions of sections 81, 82 or 117 of the Act, shall be put on a special notice-board meant for notices relating to election petitions and a copy of such list shall be sent to the Secretary of the High Court Bar Association before 3.30 pm. on the day preceding the elate for which these petitions are directed to be placed before any one of the designated Judges. The list shall specify the date on which and the name of the desig­nated Judge before whom the petition will be placed for necessary directions or orders in respect of non-compliance with the rules. Such date of hearing shall also be commu­nicated to the petitioner or the Advocate incharge on the date specified in the receipt under rule 1 l(ii).

15. Preliminary hearing of defective petitions.

(a)      All such petitions, (i) which have been prima facie found by the Registry as not complying with the provisions of section 81 or section 82 or section 117 of the Act of

(ii) which have been filed incomplete or in any other way not complying with these rules and which the petitioners or the advocates incharge may not have taken back or

(iii) which may have been refiled without necessary compliance or (iv) which may have been re-filed after the expiry of the period allowed by the registry, shall be brought up before any of the designated Judges on a date which has either been noted by the petitioners or the Advocates incharges or which has been specified in the list prepared, notified, and sent to the High Court Bar Association before 3.30 p.m. on the preceding date, or which has been notified to an un -represented petitioner by registered post

(b)      If the petition does comply with the provisions of the aforesaid three sections of the Act, but does not comply with any of the other rules or requirements contained in this Chapter, the High Court may allow the petitioner or the Advocate incharge such further time not exceeding one week to do the needful on such terms as it may deem fit to impose.

(c)      All such cases reported by the Registry shall be included at the top of the Daily Cause list of the designated Judge.

(d)      If the High Court finds that sections 81,82 and 117 of the Act have been duly complied with and that there has been substantial compliance with the other rules and it is not necessary to have any other rectification or amendment made in the petition or other papers, the High Court shall order notice of the petition to issue to the respondent or respondents, as the case may be.

16. Issue of process.

In all cases covered by rule 15(d) and where the petition is on scrutiny, found by the Registrar to be in order, the Registry shall issue notices of the petition in Form ‘C’ appended to these rules, accompanied by a copy of the petition, together with copies of the schedules and annexures, if any, to each of the respondents named in the petition under Registered (Acknowledgement Due) postal covers filed by the petitioner as also in the ordinary manner through the Administrative Subordinate Judge or the Senior Subordinate Judge or any other Civil Court of the district or place within whose juris­diction the respective respondent is stated to reside or carry on business. The endorse­ment on the notices requiring such Subordinate Judge or Civil Court to effect service on the respondent shall specify that the aforesaid subordinate Judge or Court shall make every effort to have service effected immediately and, in any event, to submit a detailed report of service well within time so as to reach the Registry of this Court before the date of scrutiny. The notices shall be for the settlement of issues and shall be issued for an actual date which shall not be more than four weeks ahead of the date on which the notices are despatched. The notices shall be in Form ‘B’ appended to these rules and shall specify, inter alia—

(a)      the date on which the respondents are required to appear in person or by an advocate:

(b)      the date of scrutiny on which the case will be put up before one of the desig­nated Judges with a full and complete report of the office about service of notices; and

(c)      a direction to the effect that the case would be heard ex parte if the respondent does not put in appearance in the Registry of the Court and serve notice of having done so on the petitioner or the Advocate incharge before the date of hearing.

17. Substituted service.

If on the date fixed for scrutiny the designated Judge, before whom the case is put up, finds from the office report or the report of the process-serving agency or the postal authorities that any one or more of the respondents in any particular cases appears to be evading service or it is otherwise not possible to effect personal service on him expedi­tiously, he may direct substituted service to be effected on such respondent in any of the customary modes including publication in a newspaper.

18. Appearance.

Any Appearance, application or act required or authorised by the Act or these rules to be made or done by a party may be made or done by the party in person or by his recognized agent, or by an Advocate, appearing, applying or acting, as the case may be, on his behalf:

Provided that any such appearance shall, if the High Court so directs, be made by the party in person:

Provided further that, unless the context otherwise requires, the recognised agent of a party shall be deemed to be the petitioner or the respondent, as the case may be, for the purposes of these rules.

19. Scrutiny.

It shall be the duty of the petitioner or the Advocate incharge to appear before the Court on the date of scrutiny and to comply with the order or directions that may be given by the designated Judge at the time of the scrutiny.

20. Appearance of respondents.

(a)      As soon as possible after the receipt of notice of the petition, each respondent shall enter before the Registrar appearance in writing. The appearance may be entered through an Advocate or in person. In either event the full, complete and detailed address of the respondent shall be entered on the memorandum of appearance. Thereaf­ter, service of any notice or order of the Court or of the Registry shall be deemed to be sufficient if it is either communicated to the Advocate, or, in a case where the respon­dent is not so represented, sent by ordinary post to such address of the respondent as has been furnished by him.

(b)      Immediately after entering appearance, the respondent or his Advocate, as the case may be, shall serve on the Advocate incharge of the case or on the petitioner, if he is not represented by Counsel, a notice of having entered appearance.

(c)      Any respondent, who does not admit the correctness of the allegations or of the claim made in the petition, shall file a written -statement in the Registry of the Court at least two days before the date of hearing, replying to the petition and the allegations of the petitioner para-wise.

(d)      The written -statement shall be typed-written or cyclostyled or printed in double space on one side of foolscap judicial paper and shall be signed and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of plead­ings.

(e)      A spare copy of the written-statement shall be filed in the Registry which shall be attested by the respondent, concerned, or by his Advocate to be a true copy of the original written-statement.

(f)       The written-statement shall be in English and any documents attached to it or filed by the respondent subsequently shall be either in English or be accompanied by their respective translations into English which should be certified by the respondent concerned or by his Advocate to be true and correct translation of the original docu­ments, in question.

(g)      The written-statement shall be accompanied by all documents in the possession or power of the respondent on which he bases his defence. Where he relies on other documents in support of his defence, he shall enter such documents in a list to be added or annexed to the written statement. A document which ought to be entered in the list, referred to above, but which has not been so entered shall not, without the leave of the High Court, be received in evidence on the respondent’s behalf at the hearing of the petition.

The documents produced shall be accompanied by a list in Form 'B’ appended to these rules.

(h)     The written-statement shall, also, be accompanied by a cloth-lined strong enve­lope which shall not be smaller in size than 10"—15", for keeping documents.

(i)       The respondent shall serve on the Advocate incharge or on the petitioner him­self, if he is not represented by an Advocate, an exact copy of the written-statement and its enclosures, if any, at least two days before the date of hearing.

21. Commencement of trial.

(a)      The trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the High Court and to answer the claim or claims made in the petition [Section 86(4), Explanation],

(b)      At the commencement of the trial, or on such adjourned date for which all the respondents have been served or are deemed to have been served, the high Court shall scrutinise the pleadings of the parties and may, within such time as it may deem fit, permit the petitioner to file a replication in reply generally to any written-statement or direct him to file a better statement or better particulars in respect of any matter brought out in any written statement.

(c)      At the hearing of the petition, after pleadings have been filed, the High Court shall proceed to frame issues arising out of the pleadings of the parties which are necessary for the determination of the matter in controversy between the parties and postpone further hearing of the petition, but shall fix a day for the production of such evidence as the case requires. The Court shall, also, fix an intermediary date to watch the return of the summons of the witnessed. The parties or their counsel shall appear before the Registrar on the said date and obtain necessary orders with regard to re­summoning or otherwise the witnesses who might not have been served by the said date.

(d)      Within 5 days of the framing of the issues, the parties shall file any other or additional documents which are in their possession or power, and, also, file within the same period a list of all the documents which are not in such possession or power of the respective parties, but on which they propose to rely at the trial of the case indicating therein the person in whose possession, power or custody such documents may be available, and the relevancy of such documents.

(e)      Within ten days of the date on which the issues are framed, the parties shall admit or deny the respective documents filed by the other side in the Registry of the Court by making an endorsement on each document under the. signatures of the party concerned or his Advocate whether the document is admitted or denied, or how much of a document is admitted or denied.

(f)       The preceding sub-rule shall not derogate from the right of the parties to serve on the counsel for the other side notice of admission or denial of documents or of admission or denial of facts.

(g)      parties may also, with the leave of the Court, serve interrogatories on the counsel for any other party for being replied to in accordance with law.

22.   

              (i)          A party desirous of requiring the attendance of his witnesses at the trial of the petition through the process of the High Court shall, within fifteen 'ays of the settlement of the issues, make an application for the purpose, to the Registrar. The said application shall contain the names of the said witnesses and a gist of the facts to be proved by each one of them. A copy of the said application shall, also, be delivered by the party or his Advocate to the Advocate for the opposite party or if the same is not represented by the Advocate to the said party, at the same time it is made to the Registrar.

             (ii)         The said application shall be listed for hearing before the designated Judge by the Registrar on the next day of its filing in the Registry of the Court for passing necessary orders for summoning the witnesses provided that the designated Judge may refuse, for reasons to be recorded in writing to summon any witness or witnesses if he is of the opinion that evidence of such a witness or witnesses is not material for the decision of the petition or that the party summoning such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

            (iii)         After the designated Judge has made necessary orders on the said application, the party concerned shall, within a period of three days pay into the High Court such sum of money as is ordered by the Registrar to defray travelling and other expenses for one day’s attendance of the witness or witnesses ordered to be summoned. In fixing the said amount regard shall be had to the fees prescribed by the High Court in Appendix I to Chapter 5-C of Volume I of the Rules and Orders of the High Court.

            (iv)        Process fee in accordance with the provisions of Chapter 5-B of Volume IV of the Rules and Orders of the High Court and registered A.D. postal covers, pre-paid and correctly addressed to the witness or witnesses, ordered to be summoned, shall, also,, be filed by the party concerned within the aforesaid period of three days. The procedure for the service of the summons on the witnesses shall be, as far as practicable, as prescribed in Chapters 7-A to 7-H of Volume IV of the Rules and Orders of the High Court, as also, by registered post.

             (v)         On an application of any of the parties to a petition or otherwise, a designated judge may, also, direct summons to be served on a witness through a special bailiff of the High Court. For the said purpose, the party concerned may be required to pay the expenses of the said bailiff in addition.

            (vi)        The summons to a witness shall be in from ‘D’ appended to these rules and the witness shall be paid his travelling and other expensed by the Registrar after he has attended the High Court on the date mentioned in the summons.

            (vii)        Service of a witness by registered post under sub-rule (iv) shall be deemed to be sufficient service for all purposes including those of Order 16, rule 12 of the Code of Civil Procedure.

23. Amendment.

The High Court may upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition [Section 86(5)].

24. Procedure.

(a)      Subject to the provisions of the Act and of these rules, every petition shall be tried, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908, to the trial of suits [Section 87(1)].

(b)      The High Court shall have the discretion to refuse, for reasons to be recorded in writing to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(c)      The provisions of the Indian Evidence Act, 1872, shall, subject to the provi­sions of the Act and these rules, be deemed to apply in all respect to the trial of an election petition [Section 87(2)].

(d)      No document shall, however, be inadmissible in evidence at the trial of an election petition of the ground that it is not duly stamped or registered.

(e)      No witness or other person shall be required to state for whom he has voted at an election [Section 94].

(f)       No witness shall be excused from answering any question as to any matter relevant to the points in issue in the trial of a petition upon the ground that the answer to such question may criminate or may tend to criminate him, or, that it may expose or may tend to expose him to any penalty or forfeiture [Section 95(1)]:

Provided that—

(1)     (a) a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the High Court; and

(b) an answer given by a witness to a question put by or before the High Court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.

(2)     When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian Penal Code (45 of 1860), or Part VII of the Act, arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by the Act or any other law. (Section 95(2)).

(3)     The reasonable expenses incurred by any person in attending to give evidence may be allowed by the High Court to such person, and shall, unless the High Court otherwise directs, be deemed to be part of the costs.

25. Relief that may be claimed.

(a)      A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected. (Section 84).

(b)      (i) When in an election Petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void, if he had been the returned candidate and a petition had been presented calling in question his election:

Provided that the returned candidate or such other party as aforesaid, shall not be entitled to give such evidence unless he has, within fourteen days from the date of commencement of the trial, given notice to the High Court of his intention to do so and has also given the security and the further security referred to in sections 117 and 118, respectively, of the Act

(ii) Every notice referred to in sub-rule (b)(i) above shall be accompanied by the statement and particulars required by section 83 of the Act in the case of an election petition and shall be signed and verified in like manner. (Section 97(2)).

26. Miscellaneous.

(a)      The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the follow­ing day to be necessary for reasons to be recorded. (Section 86(6).

(b)      Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial. (Section 86(7)).

(c)      The High Court may give such other orders or directions in the course of a trial of the petition as may appear to it to be necessary in the interests of justice or for expediting the trial and disposal of the case or to prevent abuse of process of Court

27. Costs.

(a)      Costs shall be in the discretion of the High Court: (Section 119).

Provided that where a petition is dismissed under clause (a) of section 98 of the Act, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the High Court shall make an order for costs in favour of the returned candidate.

(b)      If the costs have not been fixed by the designated Judge under clause (b) of section 99(1) of the Act, the costs shall be taxed by the Registrar within a week after the conclusion of the trial of the petition at a time of which at least two days notice will be given to all the Advocates of the parties who were represented by counsel.

28. Communication of orders of the High Court.

The Registrar shall, as soon as may be after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision. (Section 103).

29. Arrangement of files.

At any time before the commencement of hearing of a petition and before every adjourned hearing thereafter, the Registrar shall arrange the file of each election case into the following six parts:—

Part I—Orders in the main case.

Part II—Pleadings and issues.

Part III—Evidence.

Part IV—Documents filed by the petitioner.

(To be kept in the cover filed by the petitioner).

Part V—Documents filed by the respondents.

(To be kept in the cover filed by the respondent concerned).

Separate covers of different respondents shall be marked with the Number of the party concerned in the array of respondents.

Part VI—Miscellaneous applications, replies thereto and orders thereon.

Note.—Nathi Be (Part B of the case) will contain the following:—

(a)      Notices;

(b)      Office notes and correspondence;

(c)      Reports of service; and

(d)      Other miscellaneous papers.

30. Paging and indexing.

Each part of the file shall be separately page-marked and indexed by the Office and checked before the case is sent to the designated Judge one day before every hearing.

31. Copies of evidence.

On an application moved by any party to a petition, the designated Judge may allow uncertified carbon copies of the evidence being given to the applicant or his counsel on his paying for the same at the rates mentioned in rule 6(iii) of Chapter 5-B of Volume V of the Rules and Orders of the High Court. Such copies shall be issued only after the Judge has signed the original record and corrections, if any, have been carried out in the copies.

Forms A to D

PART H 

Rules of procedure in Appeals

(a) Judgment and Orders

1. Oral and written judgments.

Judgments may be written by the Judge in English and delivered orally, and in the latter case a note thereof in written in the English language, or short hand, shall be taken by an officer of the Court in attendance for the purpose. The note so taken shall be written or: of typed in full by the officer by whom it was taken, and shall be submitted by him to the Judge for correction. After being corrected by the Judge, where necessary, it shall be filed as the Judgment of the Court.

2. Pronouncing judgment.

(1)     After a case has been heard judgment may be pronounced either at once or on some future date which shall be notified in the Cause List. No other notice to the parties shall be necessary.

(2)     Where a case is heard by two or more Judges and judgment is reserved, their judgment or judgments may be pronounced by any one of them. If no such judge be present such judgment or judgments may be pronounced by any other Judge.

(3)     Where a case is heard by a Judge sitting alone and judgment is reserved, his judgment may, in his absence, be pronounced by any other Judge.

3. Opinion recorded before delivery of judgment.

When an appeal has been heard by a Bench of Court, the written opinions of the Judges who heard the appeal, but have ceased to be attached to the Court before delivery of judgment, shall, unless delivered by another Judge of the Bench which heard the appeal, be deemed to be minutes merely and not judgments.

4. Predating of judgment when party dies.

When a party to the appeal dies after the last hearing, but before delivery of judgment, the Court may order the judgment to Bear the date of the last hearing.

5. Reference in case of difference of opinion.

When an appeal is heard by a bench consisting of two Judges and the Judges composing the Bench differ on point of law and refer the appeal under section 98 of the Code of Civil Procedure, the Judges so differing shall each record his judgment on the appeal, and the appeal shall thereupon be laid before the Chief Justice, who shall direct to which other Judge or other Judges the appeal shall be referred. Similarly when the Judges composing a Bench being equally divided in opinion as to the decision on a point, state that point for reference to another Judge or Judges under clause 26 of the Letters Patent, the case shall be heard on that point by one or more Judges to be nominated by the Chief Justice. The Chief Justice may be such other Judge or one of such other Judges.

(b) Appellate Decrees

6. Decrees in English.

The decree of the High Court shall be drawn up in English, and shall bear the same date as the Judgment.

7. Contents of decree.

              (i)          The decree shall contain the number of the appeal, the names and description of the appellant and respondent, the names of the plaintiff and defendant in the suit and the description of the Court from whose decree or order the appeal is preferred, with the date of such decree or order and shall clearly state the relief granted or other determina­tion of the appeal, in such manner as not to render reference to other documents necessary, except the decrees of Courts below, when those decrees are affirmed or varied, but not reversed.

Note.— In all important cases the Deputy Registrar will, if this can be done without undue delay or inconvenience, obtain the signature of counsel to the draft decree.

             (ii)         Decree to mention costs. The decree shall also state the amount of costs in­curred in the appeal, and what parties and in what proportions the same, and the costs incurred in the Courts below, shall be paid.

            (iii)         Decrees in pauper appeals. In pauper appeals the provisions of Order XXXIII; Rule 10 of the Code of Civil Procedure shall be observed.

The heading of the decree should run—

“Appeal in forma pauperis by ”

In the body should be inserted—

“The following Court fee costs are recoverable by Government as a first charge upon the subject matter under Order XXXIII, Rule 10 of the Code of Civil Procedure.”

8. Objection to draft of decrees.

              (i)          As soon as a decree has been drawn up, the Deputy Registrar shall cause a notice to be exhibited on the notice board, stating that the decree has been drawn up, and that any party to the decree or any counsel of any party to the decree may, within 3 days, peruse the decree and sign it or file with the Deputy Registrar an objection to the decree on the ground that there is in the judgment a clerical error or omission or that the decree is not in accordance with the judgment upon which it is based. Such objection, if any, shall state clearly what is the clerical error or omission alleged or in what respect the decree is not in accordance with the judgment, and shall be signed and dated by the party or by the Advocate filing it.

             (ii)         Objection to be laid before a Judge. Should any such objection, as is men­tioned in clause (i), be filed on or before the date specified in the notice, the Deputy Registrar shall, on notice to all the parties, put up the appeal or case together with the judgment therein, the draft decree and the objection, for orders before the Judge or Judges, or one of them, who delivered the judgment, or if such Judge or Judges has or have ceased to be a Judge or Judges of the High Court or be absent on leave or furlough, then before such judge or Judges as the Chief Justice shall appoint for that purpose.

            (iii)         Cases in which decree may be signed by the Registrar. Should no such objection, as is mentioned in clause (i), be filed on or before the date specified in the notice, the Deputy Registrar or such other officer as may be incharge of the Judicial Department for the time being having first dated the decree as of the day when the judgment upon which the decree is founded was delivered shall sign the decree and seal it with the seal of the Court.

            (iv)        Above procedure to apply to other final orders. The above procedure shall also be observed in respect of final orders in all miscellaneous, revisions, for other cases.

Note.— Under no circumstances shall any decree or order passed or made by a Judge or Judges be altered,varied or departed from in any particular in the offence, except under an 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 in review.

9. No decree under Order XLI, Rule 11.

No decree shall be drawn up in cases in which the decision of the lower Court is confirmed under Order XLI, Rule 11, of the Code of Civil Procedure.

10. Procedure for notice to parties when draft to be settled in their presence.

              (i)          When the draft of any decree or order has been ordered to be settled in the presence of the parties, or when none of the Judges who concurred in the judgment continues attached to the Court and the Deputy Registrar thinks it necessary that it should be so settled, the Deputy Registrar shall by notice in writing, which shall be accompanied by copies of the draft prepared for approval, appoint a time for settling the same, and the parties or their counsel must attend such appointment and produce before the Deputy Registrar such documents as may be necessary to enable him to settle the draft. The notice will be sent from the Deputy Registrar’s office to counsel, if any, of the parties with a receipt book, in which shall be obtained the signature of the person with whom the notice is left.

             (ii)         Mode of service of notice. The notice shall be served on the parties who have appeared in person by the party who has the carriage of the decree or order. When so served, the original notice with a memorandum endorsed thereon of the service of a copy thereof signed by the party by whom such service was made, must be delivered to the Deputy Registrar who may, if not satisfied that service has been duly made, require such service to be verified by affidavit.

11. Settlement of draft in case parties fail to act.

If any party fails to attend the Deputy Registrar’s appointment for settling the draft of a decree or order, or fails to produce any documents called for by the Deputy

Registrar, the Deputy Registrar may proceed to settle such draft in his absence or without the production of the documents aforesaid, or may mention the matter to the Court.

12. Adjournment of settlement of draft.

The Deputy Registrar may adjourn any appointment for settling the draft of any decree or order to such time as he may think fit, and the parties who attend the appointment shall be bound to attend the adjourned appointment without further notice.

13. Right of party dissatisfied with Registrar’s settlement.

If any party is dissatisfied with any decree or order as settled by the Deputy Regis­trar and intends to mention the matter to the Court the Deputy Registrar if informed of such intention shall not proceed to complete the decree without allowing such party sufficient time to apply to the Court. The application must be made by motion, or notice to the parties who appeared at the hearing.

14. Variation of draft settled by the Registrar.

When a variation is made by the Court in a draft settled by the Deputy Registrar, such variation shall be embodied in the decree or order, and except when the costs of the application are ordered to be paid, no fresh order need be drawn up.

CHAPTER 5 Records—Their Inspection, Grant of Copies and Destruction

PART A The Inspection of Records

1. Inspection of decided cases.

The inspection of records of decided cases will be allowed only under the orders of the Deputy Registrar.

2. Inspection of pending cases by parties or agents.

Records of pending cases will be open, as of right, to the inspection of parties or their authorized agents or any Advocate of the Court, who is duly authorized to act in the case or junior counsel whether he be an advocate of a pleader of such duly authorized advocate provided the latter certifies on the application that he has authorized his junior to inspect the record for him. Provided that an Advocate of the Court may inspect the record of any such case on giving an assurance that he is communication with one of the parties with a view to being retained in it: Provided also that the inspection of a record will not be permitted on the date fixed for hearing without the special order of the Judge or one of the Judges before whom the case is pending.

3. Access to records.

With the exception of the persons abovementioned no one will be allowed access to the record of a pending case without the special order of a Judge.

4. Court -fee on application for inspection.

Applications under Rules 1 and 3 shall be made by petition duly stamped with a court -fee label of Rs 2. Other applications for inspection shall be in writing on a printed form to which must be affixed a court-fee label of the value prescribed below:—

(a)      If ordinary inspection is desired, a court-fee label of Re. 1.

(b)      If urgent inspection on the date of hearing or on a day other than the date of hearing is desired a court-fee label of Rs. 5.

Note.— (1) No fees should be charged for the inspection of records in Civil and Criminal cases by the Advocate-General or the Public Prosecutor, as such, or by a counsel appearing for Government in Civil and Criminal cases or by counsel appearing for accused or appellant in cases where the latter is a pauper or is defended by counsel provided at Government expense.

Note.— (2) No fee shall be charged for inspection by parties and counsel in Criminal cases but fees will have to be paid in case of a—

(a)      second inspection of the same record, or

(b)      inspection on the day the application for inspection is made.

5. Contents of application, and when and to whom to be presented.

Application must distinctly specify the record of which inspection is desired and shall be presented to the Bar Room Clerk—

(a)      when ordinary inspection on a day other than the date of hearing is desired, between the hours of 10 a.m. and 3 p.m.; and

(b)      when urgent inspection is desired on the date of hearing, between 10 a.m. and 11a.m.

6. Hours of inspection.

The Bar Room Clerk will arrange to procure the record of which inspection is desired, and will allow inspection as follows:—

(a)      Where inspection is desired on the date of hearing as allowed by the Judge or Judges hearing the case.

(b)      In all other cases, between the hours of 10 a.m. and 4 p.m.

7. Copying in pen and ink and marking not allowed. Taking of copy and notes in pencil allowed.

              (i)          No mark shall be made on any record or paper inspected, and no servant of any member of the Bar shall be allowed on any account to take notes for his master except in the presence and under the supervision of his master. The copying of any document or portion of the record in pen and ink is strictly prohibited; but pencil copies of a document or portion of the record may be made by counsel or under his supervision and in his presence by his clerk or servant. Any person infringing or attempting to infringe the rule shall be liable to be deprived of the right to inspect records for such period as the Judges may think fit

             (ii)         Inspection of records on a single fee. Except in the case of connected rec­ords, inspection of which has been permitted for a single fee, access will be permitted to the record of one case only at a time.

8. Inspection of records for more than one day.

The fee provided in Rule 4 shall entitle the applicant to inspect the record on one day only. If inspection of the record is desired on another day, a fresh application shall be required and a fresh fee paid.

9. Inspection of police papers prohibited.

Police papers received in the Court in connection with any pending criminal case, and translation of such papers shall not be available for inspection, either by the convict or accused or by his agent or by any legal practitioner retained on his behalf.

10. Ordinary and urgent applications how dealt with.

All applications bearing a Court -fee label of Rs 5 shall be dealt with by the office at once. All ordinary applications shall be dealt with in the ordinary course of business.

11. Previous notice to office required for ordinary inspection.

In the case of an application for ordinary inspection of a pending record, the appli­cant shall give the Bar-Room Clerk 24 hours’ notice, in writing in the application, of the day and the time on which it is desired to inspect such record.

12. Inspection by Advocate-General of certain records for purposes of filing appeal against acquittal.

When any records are in the custody of the High Court either in connection with an appeal from a conviction or have been received in accordance with the procedure laid down in paragraph 6(b) of Chapter 25-E, Rules and Orders, Volume III, the Registrar of the High Court, on being informed by the Government that an appeal against acquittal is contemplated shall hand over the required record to the Advocate-General on demand, during such period as they are not required for the purposes of the appeal.

13. Inspection of registers free of charge.

In order to trace particulars of a suit or document, counsel may, with the previous permission in writing of the Deputy Registrar and in the presence of a court official, inspect Civil Criminal registers of the Court on behalf of parties, free of charge.

PART B The Grant of Copies and Translation of Records

A—Persons entitled to copies

1. Copy to be granted to person entitled.

A copy or translation of a judicial record may be granted in the manner prescribed by these rules to any person who is legally entitled to receive it.

2. Party entitled to copies of records and exhibits.

              (i)          A party to a suit or appeal is entitled, at any stage of the suit or appeal, to obtain on payment copies of the record of the suit or appeal, including exhibits which have been put in and finally accepted by the Court in evidence.

Note.— A party who has been ordered to file a written statement is not entitled to inspect or take a copy of a written statement filed by another party, until he has first filed hisdwn.

             (ii)         Grant of certain copies to strangers. A stranger to the suit or appeal may, after decree, obtain as of right on payment copies of the plaint, memorandum of appeal, written statements, affidavits and petitions filed in the suit or appeal; and may, for sufficient reason shown to the satisfaction of the court, obtain copies of any such documents before decree.

            (iii)         Grant of certain copies to stranger. A stranger to the suit or appeal may also obtain as of right, on payment copies of judgments, decrees or orders, at any time after they have been passed or made.

            (iv)        Grant copies of exhibits to strangers. A stranger to the suit or appeal has no right to obtain copies of exhibits put in evidence, except with the consent of the person by whom they were produced or under the orders of the Court.

             (v)         Grant of translation. Any person entitled to obtain a copy of a judicial record may apply for a translation thereof.

B—Applications for copies and translation of record

3. Mode of presenting.

              (i)          Copies or translation of judicial record of the High Court will be supplied on application made to the Court. •

Note.— Every such application shall bear a Court-fee label of four annas,— vide Schedule II, Article 1, Court -fees Act, 1870 (as amended by East Punjab Act XXVI of 1949).

             (ii)         Every such application may be either—

(a)      presented in the ordinary course; or

(b)      transmitted through the post, addressed to the Registrar or the Deputy Reg­istrar.

4. Contents of particulars.

Every application for a copy of translation shall be contain the following particulars, namely:—

(a)      the name of the cause;

(b)      if the cause is pending; the date of institution thereof, and the date fixed for hearing; if any;

(c)      if the cause has been decided, the date of decision;

(d)      Where the information referred to in clauses (b) and (c) is not available to the applicant, such other information as may be sufficient to enable the cause to be identified and traced;

(e)      the nature of the document, a copy or translation of which is required;

(f)       in the case of a copy, whether for private or general use;

(g)      the name and full postal address of applicant.

5. Procedure of dealing with the application.

              (i)          Upon the presentation or receipt by post of an application for a copy or translation, the proper officer shall—

(a)      endorse or cause to be endorsed thereon the date of presentation;

(b)      initial the endorsement;

(c)      cause the application to be registered as hereinafter provided; and

(d)      cause the Court-fee thereon to be cancelled according to law.

The application will then be examined and an order passed thereon as hereinafter prescribed.

Note.— The Incharge, Judicial Copy Section is authorized to deal with applications for copies and translations under these rules.

             (ii)         Order if the application is in order. If the application is in proper form and is one which may properly be granted under the rules and practice of the Court an order will be recorded thereon directing the copy, or translation required to be made and delivered.

            (iii)         Order if application not in order. If the application is not in proper form or is one which may not properly be granted under the rules and practice of the Court, an order will be recorded thereon specifying the requirements to be complied with and directing its return to the applicant, or refusing the application and directing that it be filed, according to the circumstances of the case.

            (iv)        Late application. Applications for copies which are made so late that the copies cannot be completed by the date on which they are required, will be returned to the applicant with an endorsement to that effect.

C—Description of copies

6. Kinds of copies and scale of fees and court-fees.

Copies supplied are of three kinds, namely—

                              (i)          Attested copies (supplied in either English or Vernacular), for private use, which do not require a Court-fee stamp, but cannot be used officially until the prescribed Court-fee has been affixed. (Government of India Notification No. 2338, dated the 14th August, 1880).

                             (ii)         Attested copies (supplied in either English or vernacular), for general use, on which the Court-fee prescribed by Articles 6, 7, 8 or 9 (as the case may be) of Schedule I of Act VII of 1870 must be affixed before delivery, namely—

On copies of decrees .......................... Rs. 4

On copies of judgment .......................... Re. 1

On other copies .......................... Rs. 0.50 for every 360 words or fraction thereof.

                            (iii)         Unattested copies of plaints, exhibits and depositions prepared by court stenog­raphers under the orders of the Presiding Judge when application is made before ­hand.

These copies are supplied to parties at the rate of eight annas for the first four pages with an additional charge of two annas for each additional page; one fourth of the fees so realized shall be paid to the court stenographer concerned.

Note.— In all applications falling under head (ii) the applicant should be asked if he has not committed to supply for a copy for private use [head (i)] by oversight, as such copies can always be stamped before use and very few cases ‘of applications falling under head (ii) should occur.

7.    

              (i)          Consolidated fees shall be charged for attested copies according to the following scales:—

             (ii)         Copying fee for maps etc. For field maps, boundary maps, tabular work and similar work, a special fee, which must always be a multiple of 25 N.P. shall be fixed by Deputy Registrar.

            (iii)         Fees to include cost of papers. The above fee shall include the cost of the paper which will be supplied by Government.

            (iv)        Extra fee on urgent copies for each separate paper. On application for “urgent” copies, i.e., copies to take precedence of other copying work, a uniform extra fee of two rupees shall be charged.

Note.—For the purposes of (iv) above, the extra fee to be charged shall be for each paper copied which can properly be regarded as a separate paper e.g., every deposition of a witness or written statement of a party or order of the court is a separate paper. In cases of doubt as to whether paper is separate or not, the Deputy Registrar shall decide.

             (v)         Credit of copying fees. The entire proceeds from sale of copies shall be credited into the Treasury under a separate detailed head “XXI—Administration of Justice-General Fees, Fines and Forfeitures”.

            (vi)        Search fee. (a) A search fee of Re. 0.50 will be charged under the orders of the Deputy Registrar in cases in which an unreasonable amount of trouble has been caused in finding the original records.

(b) In such cases the search fee payable shall be certified by the Judicial Record Keeper to the Copying Agent, who will receive it from the applicant and pay it into the Treasury to the credit of head “XXI—Administration of Justice—General Fees, Fines and Forfeiture”.

8. Copies of translations.

Copies of translation of records which have already been translated, or of records originally translated free of change, will be supplied under the rules applicable to ordinary copies. Copies of translations of records which have not been translated al­ready or of records not ordinarily translated free of charge, will be supplied under the rules applicable to translations.

9. Time /or delivery of copies.

              (i)          Urgent copies shall ordinarily be delivered to the applicant not later than three days of the receipt of the records in the Copy Branch.

If the copy Branch experiences difficulty in securing the record the matter shall be reported to the Deputy Registrar who shall take steps to secure the record for the Copy Branch. 4

             (ii)         Ordinary copies shall, as far as practicable, be delivered to the applicants in the order in which the fees required under these rules are deposited.

10. Refund of fees and recovery of balance.

If the actual amount of the charge to be made in respect of a copy of translation—

                              (i)          exceeds the amount deposited, the balance will be recovered before the copy is delivered;

                             (ii)         falls short of the amount deposited, the surplus will be returned to the person entitled to the copy at the time of delivering the copy to him.

11. Copies required by public officers.

Copies of records required for public purposes by public officers as defined in section 2(17) of the Code of Civil Procedure, of the Central or State Government in India, shall be supplied free of charge, provided the application for copy is endorsed by the Head of the Department concerned.

Note.—For the purposes of this rule the District Magistrate will be deemed to be the Head of Department when copies of orders passed by Civil, Criminal and Revenue Courts are required by the Prosecuting Agency for the purpose of Appeals and revisions etc. and submission to the Legal Remembrancer to Government, Punjab, under the Law Department Manual.

12. Copies to the accused persons.

Copies of judgments of the High Court in criminal cases shall, on application made in this behalf by the accused person, be supplied free of cost:—

(a)      in every case in which a sentence of death or transportation for life has been passed or confirmed by the High Court;

(b)      in every case where the accused person wishes to file an application for special leave to appeal to the Supreme Court in forma -pauperis; and

(c)      in any other case if the High Court so directs.

PART C The Destruction of Records

Rules framed by the High Court under Section 3 of the Destruction of the Records Act, 1917, with the previous approval of the State Government

PART I General

1. Destruction of records to be made in accordance with the following rules.

All records, books and papers in respect of which the period, hereinafter prescribed for their preservation has expired, shall be destroyed in accordance with the direction contained in the rules next following. Provided that the Deputy Registrar may order for reasons to be specified, that any particular paper or the record of any particu­lar case be preserved beyond such period.

2. Supervision of destruction.

The destruction of Judicial records, books and papers, shall be carried out from time to time as may be necessary; and, subject to the general superintendence necessary; and, subject to the general superintendence of the Deputy Registrar, shall be supervised by such officer, hereinafter called the supervising officer, as may be appointed by the Chief Justice and the Judges for the purpose.

3. Manner of destruction of record and stamps.

              (i)          The destruction of judicial records, books and papers shall be effected by tearing so as to render it unlikely that the documents so tom up may be used again. AH Court-fee stamps affixed to documents which are to be destroyed shall be removed therefrom, and burnt by, or in the presence of, the supervising officer.

             (ii)         Sale of papers destroyed and credit of sale price. The paper, after the supervising officer has certified that the destruction has rendered such judicial records, books and papers of no value, shall be sold as waste, under the orders of the Registrar, and the proceeds of the sale shall be credited in the treasury to Government.

PART II Judicial Records

4. Division into parts ‘A’ and ‘B’.

Every judicial record shall, for the purposes of these rules, consist of two parts, namely (1) part A and (2) Part B. Every document admitted to such records shall be marked with the letter A or the letter B according as it belongs to Part A or Part B, and shall be placed with such file and shall without delay be entered in the general index prefixed to each such record.

5. Part A of Civil Judicial record.

Part A of a Civil judicial record shall consist of the following documents, namely:—

(a)      In Original Suits

(1)     The tablaq or envelope containing particulars of the case and a brief abstract of the orders in English.

(2)     The index of papers.

(3)     The order sheet.

(4)     The plaint, together with any schedule annexed thereto, and all documents, whether original or copies, filed with the plaint.

Note.— In miscellaneous cases the petition or written application of the party setting the Court in motion will take the place of the plaint.

(5)     The written statements and pleadings of the parties.

(6)     Applications of parties who are strangers to the suit, with the Court’s order thereon.

(7)     Orders of appointment, removal or discharge of a guardian or next friend.

(8)     The memorandum of issues, with amended or additional issues, if any.

(9)     All depositions of witnesses.

(10)   Order for finding a witness.

(11)   All documents or certified copies thereof received by the Court during the trial as evidence between the parties.

(12)   Order impounding a document.

(13)   Commissions, proceedings, held thereunder and reports and examination of Commissioners.

(14)   Affidavits.

(15)   Reports furnished by the record department.

(16)   Applications to refer to arbitration, references to arbitration, the award or other final return of the arbitrators, with the proceedings, depositions, and documents submit­ted therewith, and any application to set aside the award, with the Court’s orders thereon.

(17)   Instruments of withdrawal, compromise or confession of judgment.

(18)   Orders of arrest or attachment before judgment with all documents relating thereto.

(19)   Interlocutory orders of the Court.

(20)   The judgment, translation thereof(if any), or other final order.

(21)   The decree and all documents relating to the preparation or amendment thereof.

(22)   All notes in the handwriting of the Judges.

(23)   Applications for the re-admission of a suit dismissed for default or for the re­hearing of a suit decreed ex-parte.

(24)   Application for review of judgment with the Court’s orders thereon.

(25)   All receipts and acknowledgements filed in execution proceedings.

(26)   Petitions for substitution, addition or striking out of names of parties or for substitution of the names of the heirs of a deceased plaintiff or defendant, if allowed.

(b)      In Appeals and Miscellaneous cases (including Reference and Revision proceedings)

(1)     The tablaq or cover containing particulars of the case and a brief abstract of orders in English.

(2)     The index.

(3)     The memorandum of appeal.

(4)     The notice, with report of service, in ex-parte cases.

(5)     Memorandum of objections under Order XLI, Rule 22 or 26 of the Civil Proce­dure Code.

(6)     The finding on issues referred to the lower court for trial under Order XLI, Rule 25 of the Civil Procedure Code.

(7)     Security bond for costs filed by the appellant.

(8)     Petitions for substitution, addition or striking out of names of parties or for substitution of the names of the heirs of a deceased appellant or respondent, if allowed.

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

(10)   Order for finding a witness.

(11)   Commissions, proceedings held thereunder and reports and examinations or Commissioners.

(12)   Order of appointment, removal or discharge of a guardian or next friend.

(13)   Documents filed by the parties.

(14)   Order impounding a document

(15)   Affidavits, except those presented with applications which are rejected.

(16)   Applications to refer to arbitration, references to arbitration, the award or other final return of the arbitrators, with the proceedings depositions and documents submit­ted therewith, and any application to set aside the award with the Court’s order thereon.

(17)   Instruments of withdrawal, compromise or confession of judgment

(18)   Interlocutory orders.

(19)   The Court’s judgment translation thereof (if any), or final order.

(20)   The decree and all documents relating to the preparation or amendment thereof.

(21)   Application for the re-admission of an appeal, applications or petition dismissed for default, or for the re-hearing of an appeal, application or petition decreed ex-parte with final order thereon.

(22)   Application for review of judgment with final order thereon.

(23)   Application for revision under section 44 of the Punjab Courts Act

(24)   Judgment and final order on applications referred to in (21) to (23)

(25)   Reference under Order XLI, Rule 1 of the Civil Procedure Code or other law, with the final order.

(26)   Three copies of the printed record of Civil Appeals heard by the High Court.

6. Part B of Civil Judicial record.

Subject to any direction by the Court to the contrary, part B of a Civil judicial record shall consist of all documents in such records as are not indicated in the preced­ing rule as belonging to part A.

7. Part A of Criminal judicial record.

Part A of a Criminal Judicial record shall consist of the following documents, namely:—

(a)      In an original trial, of all papers.

(b)      In an appeal, reference and revision, of—

(1)     The tablaq or envelope containing particulars of the case and a brief abstract of the orders in English.

(2)     The index.

(3)     The petition of appeal or revision or letter of reference.

(4)     Any additional evidence taken under the orders of the High Court on remand.

(5)     Translation of police reports.

(6)     Interlocutory orders of the Court

(7)     Judgment and formal order of the Court, and translation of the same.

(8)     All notes in the handwriting of a Judge.

(9)     Copies of the judgments of the lower courts.

8. Part B of Criminal Judicial record.

Subject to any direction by the Court to the contrary, part B of a Criminal judicial record shall consist of all document in such records as are not in the preceding rule as belonging to part A.

9. What documents in part A of Judicial record to be preserved permanently.

The following document belonging to Part A of a judicial record shall be preserved permanently, namely:—

In Civil Cases

(1)     The index.

(2)     The judgment of the Court.

(3)     The decree of the COurt.

(4)     Unreturned deeds.

(5)     One copy of the printed paper book in all cases in which a paper book is printed in other cases copies of the judgments of the courts below and the memoran­dum of appeal presented in the High Court.

In Criminal Cases

(1)     The index.

(2)     The judgment of the Court.

(3)     Warrants of commitment or execution, when returned.

(4)     Unreturned deeds.

(5)     One copy of the printed paper book in all cases in which a paper book is printed and in other cases copies of the judgments of the courts below and the memo­randum of appeal presented in the High Court.

10. Records to be preserved for thirty years.

Subject to the provisions of Rule 9, the following records shall be preserved for thirty years, namely:—

(1)     Part A in all Civil cases

(2)     Part A of all appeals involving title to immovable property as defined in section 3, clause 26 of the General Clauses Act, 1897 (No. X of 1897).

(3)     Part A of all appeals relating to the succession to an office or to establish or set aside an adoption or otherwise determine the status of an individual, and of all appeals relating to trusts or religious endowments.

(4)     Part A of proceedings under the Guardian and Wards Acts, 1890 (No. VIII of 1890) and the Indian Succession Act, 1925 (No. XXXIX of 1925) and all cases connected with the custody and disposal of intestate property.

(5)     Proceedings under the Indian Divorce Act IV of 1869, and the Indian and Colonial Divorce Jurisdiction Act, 1926.

(6)     Judgment of the Supreme Court in appeals preferred from orders of the High Court.

(7)     Murder references.

(8)     Original criminal trials.

(9)     Part A of Criminal appeal, and reference cases relating to cases decided by the Courts of Sessions, or by Magistrates empowered under section 30, Criminal Procedure Code, and of all cases coming under Chapters XII and XVII, Indian Penal Code, to which section 75 of the Indian penal Code is applicable:

Provided that in the cases referred to in (9), (10) and (11), if the sentence has not been fully executed, the record shall be preserved until the return of the war­rant, and shall then be destroyed.

(10)   Part A of appeals or reference under Chapter XXXII, Criminal Procedure Code, in which the orders of the Courts below have been interfered with.

(11)   Cases in which any public servant has been tried as such.

(12)   Records relating to the disposal of immovable property forfeited to Government under section 62, Indian Penal Code.

(13)   Part A of cases heard in the exercise of insolvency jurisdiction other than that conferred by Act V of 1920.

(14)   Part A of criminal cases in which a lunatic is concerned unless the lunatic shall have been subsequently tried or have died.

11. Record to be preserved for twelve years.

Subject to the provisions of Rule 9, the following records shall be preserved for twelve years, namely:—

Part A of Civil and Criminal Appeals and Civil and Criminal reference cases not mentioned in Rule 10.

12. Records to be preserved for six years.

Subject to the provision of Rule 9, the following records shall be preserved for six years, namely:—

Part A of the record in applications for the exercise by the Court of its revisional jurisdiction under the Punjab Courts Act or the Code of Criminal Procedure.

13. Time of destruction of Part B.

Part B of a judicial record and applications of a miscellaneous character filed with such record shall be destroyed before such record is consigned to the record -room; provided that, where an appeal lies to the Supreme Court, Part B of the record of such appeal shall be preserved until the period for the presentation of an appeal has expired, or where an appeal has been made, till the judgment of the Supreme Court has been communicated to this Court:

Provided also that when a case in this Court has been dismissed for default or heard ex parte, Part B of the record shall not be destroyed until the expiry of six months from the date of the decision:

Provided further that a Power of Attorney filed in a Civil Appeal in which a Letters Patent Appeal lies to the High Court shall be preserved until the period for the presenta­tion of Letters Patent Appeal has expired, or where an appeal has been made till the judgment therein has been pronounced.

14. Date from which period to be reckoned.

The period prescribed by Rules 10,11 and 12 of these rules for the preservation of judicial record, shall be reckoned from the date of the final order of the Court in the case.

15. Note of destruction to be made in register, etc.

A note of every judicial record destroyed under the provisions of these rules shall be made, under the signature of the supervising officer, at the time of destruction in the register in which the case is entered, and also in the general index prefixed to such record.

16. Private, Government documents and impounded documents how to be dealt with.

              (i)          Documents belonging to private persons or to Government as a party to the proceedings or which have been impounded in the cases in which they were produced shall not be destroyed, but shall be dealt with in the manner provided by the clauses of this rule next following.

             (ii)         When the period prescribed by Rules 10,11 and 12 of these rules for the preservation of Part A of a judicial record has expired, and before such part is destroyed all documents of the nature specified in clause (i) of this rule shall be removed there­from and kept till application is made for their return.

            (iii)         A document shall not be returned within the period specified in Order XIII, Rule 9 of the Code of Civil Procedure, until a certified copy thereof has been delivered to be substituted for the original, nor shall a document be returned which has been ordered to be impounded or which has, by force of a decree or order of the Court, become void or useless, or which is required by law to be filed and preserved, e.g., a will under section 294 of the Indian Succession Act, XXXIX of 1925.

PART III Registers

17. Classification.

The registers of the court shall, for the purposes of these rules, be divided into three classes,

A. —Primary

B. —Subsidiary.

C. —Statistical

All the registers shall be maintained in English.

A.—Primary

18. Primary registers: Definition and period of preservation.

              (i)          The primary registers are those which have to do directly with cases filed in court, and which form an abstract of the progress and disposal of such cases.

             (ii)         The following primary registers shall be maintained and shall be preserved for the period specified against each:—

B—Subsidiary

19. Subsidiary registers: Definition and period of preservation.

The subsidiary registers are for administrative purposes, and the following shall be maintained, and shall be preserved for the period specified against each:—

 

 

 

C—Statistical

20. Statistical registers; Definition and period of preservation.

The statistical registers are for purposes of preparing the monthly and annual returns of the Court, and the following shall be maintained and shall be preserved for the period specified against each:-—

PART IV Other Papers

A—Periodical returns

21. Periodical returns: period of preservation.

(a)      The following returns shall be preserved for one year and hen destroyed:—

(b)      The following returns shall be preserved for two years and then destroyed:—

(c)      The following returns shall be preserved for three years and then destroyed:—

Notes.— (1) Correspondence connected with the above returns will be destroyed at the same time, except such as may be of importance, which will be preserved for another year.

(2) The general statements complied in the High Court office for the preparation of the Civil and Criminal reports, as well as the general statement of Civil and and Criminal work will be preserved for ten years and then destroyed. The general monthly statements of the work of District Courts will be preserved for the same period.

B—Correspondence

22. Correspondence period of preservation.

The following will be preserved for one year and then destroyed:—

                              (i)          Reminders.

                             (ii)         Charge certificates.

                            (iii)         Letters asking for circulars, almanacs, copies of rules, petitions for employment private letters and petitions asking for information regarding rules or the prac­tice of the Court and such like.

                            (iv)        Arrear statements.

Personal files of Officers—Period of preservation. Personal files of all officers and ministerial and menial servants of Government—

(a)      who die while in service, shall be preserved for three years after their death and then destroyed; provided there are no outstanding claims on the part of their heirs, and

(b)      who have retired, shall be preserved until their death and then destroyed; pro­vided that no file shall be destroyed before three years from date of retirement when death occurs within three years of retirement.

C—Accounts

23. Accounts—period of preservation.

Bills and vouchers will be preserved for three years and then destroyed: in the case of sub-vouchers for Rs 25 or under, which are not submitted to audit, this period will, however, be reduced to one year only. Care should be taken to ensure that no bill or voucher is destroyed even after the expiry of the above periods until all audit objec­tions, if any, relating to it have first been settled. Counterfoils and miscellaneous accounts papers will be preserved for three years and then destroyed. Cash books, journals and Ledger accounts shall be preserved indefinitely in the absence of special orders to the contrary.

23-A. 

The main principles which should guide the destruction of accounts records should be that so long as an objection is outstanding and the accounts have not been completely checked and accepted in audit, they and the supporting documents should not be destroyed even though the period of preservation prescribed in the rules may have expired.

D—Press Declarations

24. Press Declarations—Period of preservation.

Press declaration made under sections 4, 5 and 8 and submitted for record in the High Court under section 6 of the Press and Registration of Books, Act, XXV of 1867, shall be destroyed after a period of one year from the date on which the press or the periodical concerned ceased to exist.

E.—General

25. letter ‘D’ to be put in register against paper destroyed.

When any paper is destroyed, the letter ‘D’ shall be entered in red ink against the entry in the register in which such paper is registered.

26. Mode of calculating period of preservation.

The period for which a paper is to be preserved shall be reckoned from the 1st of January following the date which it bears, e.g., papers of 1885, which under these rules have to be retained for one year, will become liable to destruction after the 31st December, 1886.

Part D. — Rules Regarding Inspection, Supply of Copies, Protection and Privilege of Documents Relating to the Special Official Receiver, Punjab and Delhi States

1.        The records of the Special Receiver have been classified under the following four heads:—

I.         Insolvency Court Judicial Records.

II.       High Court Executive Records

III.     Official Records of the Special Official Receiver.

IV.      Other papers not falling in any of the above categories.

The details of first three Heads are given in the Appendix to this Chapter.

2.        The rules for inspection and copies given in Chapters 5-A and 5-B of this volume shall apply to the records falling under Head I.

3.        No hard and fast rules have been framed for inspection and copies of records falling under Head II. Each case shall be decided on its own merits under the order of the Judge for the time being in charge of liquidation work in the High Court and, in his absence, the Administration Judge.

4.        Copies of final orders of the Special Official Receiver which form part of his official records, other than judicial records, falling under Head III, may be granted by him:

Provided that no copies of document shall be supplied to any person, not entitled to them by law, between whom, and Government there is any likelihood of litigation, except with the previous sanction of the Judge in charge of liquidation work in the High Court and, in his absence,the Administration Judge.

Notes.— (i) Official letters are privileged documents to copies of which no person has any claim whatever. Should it be desirable to grant a copy of a letter, or an extract of a letter, received by the Special Official Receiver from a superior officer, reference shall in every case be made to the superior officer for permission.

(ii) The refusal of the Special Official Receiver to supply copies shall be subject to revision by the Judge in charge of liquidation work and, in his absence, the Administra­tion Judge.

5.        Inspection of official records of the Special Receiver falling under head III shall be allowed only under his orders. The order of the Special Official Receiver refusing inspection shall be subject to revision by the Judge in charge of liquidation work and, in his absence, the administration Judge.

6.        The rules for inspection and supply of copies of the Official Records of the Special Official Receiver (Rules 4 and 5 above) shall also apply to the inspection and supply of copies of paper falling under head IV.

7.        In examining the question of claiming protection and privilege for documents relating to the office of the Special Official Receiver, he shall be guided by the provi­sions of the Indian Evidence Act. In case of any doubt the Special Official Receiver shall take the orders of the Judge in charge of liquidation work and, in his absence the Administration Judge.

APPENDIX (Referred in rule 1)

CLASSIFICATION LIST OF RECORDS OF THE SPECIAL OFFICIAL RECEIVERS

1— Insolvency Court Judicial Records

(a)      (1) Order of transfer of insolvency proceedings to the High Court.

(2) Order of the Honourable Insolvency Judge with regard to a claim.

(3) Declaration of dividend with Schedule.

(b)      (1) Monthly schedule of expenditure as approved by the Judge.

(2) Audit objection upon which judicial decision has been given.

(3) Any objection as to expenses of counsel engaged by the Special Official Re­ceiver when determined judicially.

(c)      (1) Applications of a creditor for notice to others.

(2) Application of adjournment.

(3) Directions obtained from the Judge.

(4) Orders regarding transfer of property including the recommendation made by the Special Official Receiver on which such orders are passed and the applica­tions of private persons from which such orders arise.

(5) Order of notice of creditors about dividend.

(d)      (1) Claim petition by a creditor under section 80 of the Provincial Insolvency Act

(2) Power attorney in favour of counsel on behalf of the creditor.

(3) Letter from a petitioning creditor to the Official Receiver.

(4) Account and copies of documents in proof of claim.

(5) Written statement on behalf of an insolvent.

(6) Written statement on behalf of an objecting creditor.

(7) Affidavit in a claim petition.

(8) Documents showing security filed in connection with a claim.

(9) Original deed included in claim petition.

(10) Copy of judicial order by the claimant.

(11) Pronote filed by a creditor.

(12) Proceedings before the Special Official Receiver with respect to proof of claims.

II— High Court Executive Records

(1)     Leave application.

(2)     Order regarding staff.

(3)     Applications from members of the staff.

(4)     Audit reports with comments of the Special Official Receiver, if any.

III—Official Records of the Special Receiver

(1)     Nothing by the office upon the audit reports.

(2)     Documents relating to expenses of counsel engaged by the special Official Receiver to conduct cases.

(3)     Correspondence with purchasers.

(4)     Notice (other than a statutory notice issued to creditors) by the Special Offi­cial Receiver, including advertisements relating to transfers of property.

(5)     Inspection slip.

(6)     Letter to counsel regarding pending suits and reply.

(7)     Correspondence with the Assistant to Special Official Receiver regarding rent collection.

(8)     Certified copies of judgments and decrees.

(9)     Notice received from Court.

(10)   Notice of demand of property tax.

(11)   Correspondence regarding repairs and estimates thereof.

(12)   Correspondence regarding I louse tax and Municipal tax.

(13)   Policies of fire insurance.

CHAPTER 6 Legal Practitioners

PART A The Admission of Advocates

Omitted

PART B

Rules made by the High Court of Punjab and Haryana under Section 34(1) of the Advocate’s Act, 1961

1. 

In these rules unless there is anything repugnant in the subject or context the word ‘advocate’ shall include a partnership or a firm of advocates.

2. 

Save as otherwise provided for in 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 person of 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 file 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 pleadings, 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 the State 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 party connected proceedings.

3. 

An advocate who is not on the Roll of Advocates of the Bar Council of the State in which the Court is situate, 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.

4.

 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 appointment or for each of them to file a separate one.

5. 

The acceptance of an 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.

6. 

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 3 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, which address shall be regarded as one for service within the meaning of rule 5 of Order 3, C.P. Code.

7. 

Where an advocate appointed by a party in any of 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.

8.    

(1)     In civil cases, the appointment of an advocate unless otherwise limited, shall be deemed to be in force to the extent provided in that behalf by rule 4 of Order 3 of the Code of Civil Procedure, 1908.

(2)     In Criminal cases, the appointment of an advocate unless otherwise limited, shall be deemed to be in force until determined with the leave of the Court by writing signed by the party or the advocate, as the case may be, and filed in Court or the advocate dies, or until all proceedings in the case are ended so far as regards the party.

(3)     For the purposes of sub-rule (2) a case shall be deemed to mean every kind of enquiry, trial or proceeding before a Criminal Court whether instituted on a police report or otherwise than on a police report, and further—

                              (i)          an application for bail or reduction, enhancement or cancellation of bail in the case.

                             (ii)         an application for transfer of the case from one Court to another,

                            (iii)         an application for stay of the case pending disposal of a civil proceeding in respect of the same translation out of which the case arises,

                            (iv)        an application for suspension, postponement or stay of the execution of the order or sentence passed in the case,

                             (v)         an application for the return, restoration or restitution of the property as per the order of disposal of property passed in the case,

                            (vi)        an application for leave to appeal against an order of acquittal passed in the case,

                            (vii)        any appeal or application for revision against any order or sentence passed in the case,

                           (viii)       a reference arising out of the case,

                            (ix)        an application for review of an order or sentence passed in the case or in an appeal, reference or revision arising out of the case,

                             (x)         an application for making concurrent sentences awarded in the case or in an appeal, reference, revision or review arising out of the case,

                            (xi)        an application relating to or incidental to or arising in or out of any appeal, reference, revision or review arising in or out of the case (including an applica­tion for leave to appeal to the Supreme Court),

                            (xii)        any application or act for obtaining copies of documents or for the return of articles or documents produced or filed in the case or in any of the proceedings mentioned hereinbefore,

                           (xiii)       any application or act for obtaining the withdrawal of the refund or payment of or out of the moneys paid or deposited in the Court in connection with the case or any of the proceedings mentioned hereinbefore (including moneys paid or deposited for covering the costs of the preparation and the printing of the Transcript Record of Appeal to the Supreme Court),

                           (xiv)       any application for the refund of or out of the moneys paid or recovered as fine or for the return, restitution or restoration of the property forfeited or confis­cated in the case or in any appeal, reference, revision or review arising out of

                            (xv)        the case as per final orders passed in that behalf.

                           (xvi)       any application for expunging remarks or observations on the records of or made in the judgment in the case or any appeal, reference, revision or review arising out of the case, and

                          (xvii)       any application or proceeding for sanctioning prosecution under Chapter XXXV of the Code of Criminal Procedure, 1898, or any appeal or revision arising from and out of any order passed in such an application or proceeding, shall be deemed to be proceedings in the case:

Provided that where the venue of the case of the proceedings is shifted from one Court (Subordinate or otherwise) to another, the Advocate filing the appointment re­ferred to in sub-rules (1 and 2) above in the former Court shall not be bound to appear, act or plead in the latter court, unless he files or he has already filed a memorandum signed by him in the latter Court that he has instructions from his client to appear, act and plead in that Court

9.   

(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 disclosed 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 by reason of his being permitted to appear, act or plead for the said party.

10.   

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

(b)      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

(c)      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.

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

(e)      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 professional communi­cation issued by the partners or the firm.

(f)       The firm of advocates shall notify to the Registrar of the High Court and/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.

(g)      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 State 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.

(h)     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 signature as partner.

(i)       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.

11. 

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

12. 

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

13.

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

14. 

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.

 

[15. 

Advocates appearing before the Court shall wear the following dress:—

1.        LADIES:—

(a)      Saree (Black or transparent or a combination thereof, with or without black/ transparent border), transparent or black full or half sleeve blouse with Chinese or shirt collar and transparent bands, black coat and black gown (Black coat optional in summer), or

(b)      Black coat and transparent shirt or blouse shirt or blouse with Chinese or shirt collar and transparent, black or black and transparent striped trousers or transparent pyja­mas or transparent shalwar or black skirt extending below the knees, and black gown[[14]].

2.        GENTLEMENT :—

(a)      Black open collar coat (Black waist coat optional) transparent shirt, transparent col­lar (stiff or soft), transparent, black grey or transparent and black striped trousers, with black gown and transparent bands/black necktie; or

(b)      Black buttoned -up coat, black Achakan or black sherwani and transparent Chu- ridars with black -gown and transparent bands.

Provided that the wearing of black gown shall not be necessary for Advocates ap­pearing in the Courts subordinate to the High Court;

Provided further that an Advocate appearing personally in his/her own case, or as a witness shall not wear a gown and bands;

Provided further that the Chief Justice may in his discretion order dispensing with the wearing of gowns for such period in any year between 1st April and 31st October as he may think fit.”]

PART C Suspension and Dismissal of Advocates

(Omitted)

PART D

The Admission of Pleaders

1. 

The following persons may be admitted as pleaders:—

                              (i)          Persons who have graduated in the Faculty of Arts or of Science or of Com­merce or of Agriculture and have also in the case of University of the Punjab either passed the LL.M. examination or the LL.B. examination under the old Regulations, or the L.L.B. Final examination under the new Regulations, which come into force with the Law examination of 1951, or have obtained the degree of Master of Laws or Bachelor of Laws at one of the other recognized universi­ties in India or the United Kingdom: provided that any person applying on or after 1st May, 1939, whose qualification is that of LL.B. under the revised regulations extending the LL.B. course from 2 to 3 years at the Universities of the Punjab or Delhi, shall produce a certificate that he has attended 75 per cent of the course of lectures, on Legal Ethics; and also those who have passed the Bachelor of Civil Laws Examination of Delhi University: Provided further that any person applying on or after the 1st May, 1947, whose qualification in that of LL.B. under the revised regulations reducing the LL.B. course from three to two years at the University of Delhi, shall further be required to pass the certificate of Proficiency Examination in Law of that University after undergo­ing a regular course of study for one year at that University;

                             (ii)         Advocates, Vakils, attorney and Pleaders of any other High Court in India whose names are still borne on the Roll of such court:

Provided that every person applying for admission who does not hold the degree of Master of Laws or Bachelor of Laws of the University of the Punjab or University of Delhi or Bachelor of Civil Laws of Delhi University or the degree of Master of Laws Or Bachelor of Laws at one of the recognized Universities in the United Kingdom, shall have previously passed an examination held by the University of the Punjab or the University of Delhi or the University of Aligarh or the University of Benares in the Punjab Customary Laws, Punjab Land Revenue Act, Punjab Tenancy Act and Punjab Pre-emption Act and shall have practised as a pleader for not less than 3 years any­where in India. These conditions, however, shall not apply to those law graduates of the recognized universities of India who have passed the L.L.B., final examination of the Punjab University or the Certificate of Proficiency Examination in Law of Delhi Uni­versity after undergoing a regular course of study for one year at the Punjab University Law College or the Delhi University, as the case may be:

Provided further that the High Court may, in a special case exempt a candidate from the operation of the condition with regard to the passing of examination in the Punjab Customary Laws, Punjab Land Revenue Act, Punjab Tenancy Act and Punjab Pre­emption Act, laid down in proviso 1:

Provided further that in the case of a displaced Pleader of the Chief Court of Sind, Judicial Commissioner’s Court of North-West Frontier Province and Baluchistan and the High Court of Bahawalpur State, who has practised as such in his province or area for six months, this rule shall have effect as if the preceding two provisos were omitted and the said Pleader shall be admitted as a Pleader of this Court if he possesses the qualifications specified in clause (i) or (ii) of the rule.

Note.— Admission of insolvents, dismissed Government servants and discharged insolvents. No such person shall, however, be admitted as a Pleader—

(a)      if he has been declared insolvent; or

(b)      if he has been dismissed from the service of Government unless he can show that his dismissal was not due to conduct showing him unfit to be admitted as a Pleader.

Discharged insolvents will be admitted if their insolvency was due to misfortune or circumstances beyond their control.

1-A. 

(1)     Notwithstanding anything contained in these rules all persons who were admitted as Pleaders in the erstwhile Pepsu High Court on or before the 31st October, 1956, shall be deemed to have been admitted as Pleaders of the Punjab High Court with effect from the 1st November, 1956.

(2)     For purposes of seniority, a Pepsu Pleader shall be deemed to have been admit­ted as a Pleader of this Court on the date of his admission as a Pleader in Pepsu High Court or in any of the covenanting States if earlier.

2. Mode of applying and particulars to be stated in application.

Application to be admitted as a Pleader under the provisions of the Legal Practitio­ners’ Act, 1879, shall be by petition to the High Court stamped under clause (b)(iii) of Article (1), Schedule II of the Indian Court Fees Act, 1870, as amended by Punjab Act No. XXVI of 1949. The application which must be dated and signed by the applicant shall state:

(a)      the age of applicant;

(b)      the nature of the qualifications under Rule 1 in respect of which the application is made;

(c)      the year in which he graduated;

(d)      the year or years in which he passed the Law Examination(s) mentioned in rule 1;

(e)      whether or not he holds any appointment under Government, and if so, the nature of the appointment held;

(f)       whether he has been convicted by a Criminal Court or dismissed from Govern­ment service;

(g)      that it is his intention to practise within the jurisdiction of the High Court;

(h)     the district which he proposes to make his ordinary place of business;

(i)       whether he has been declared insolvent;

(j)       whether he is a discharged insolvent, and if so, he should give further particu­lars to show that his insolvency was due to misfortune or circumstances beyond his control.

Documents to accompany application.

The petition shall be accompanied by evidence of the qualifications required, and by the fee fixed, by the rules for the time being in force. The applicant must produce a certificate from the Principal of the Law College (which may in suitable cases be dispensed with) and another certificate from a person of standing with respectability (not a member of the Law College Staff) that he is suitable in every way for admission as a Pleader. If the applicant holds may appointment under Government dr carries on any trade or business at the time of his application, the fact shall be stated in the petition.

The application shall also be accompanied by a written undertaking that—

                                              (i)          he will within six months of his enrollment as a Pleader apply for membership of a Bar Association, and if admitted, continue to be a member;

                                             (ii)         he will abide by the High Court rules regulating the appointment of clerks by legal practitioners and make a declaration from time to time in the following form of his clerk’s qualifications or disqualifications:—

(1)     name;

(2)     father’s name;

(3)     qualifications, i.e., whether a Matriculate, qualified petition -writer, or le­gal practitioner’s clerk in service without break from a date prior to the date of the issue of the orders, viz., 20th November, 1936;

(4)     disqualifications, i.e., whether he was ever declared a tout, convicted of an offence involving moral turpitude, or dismissed from Government service, the date of conviction or dismissal being given.

3. Mode of presenting application—grant of certificate.

The petition shall be presented by the applicant in person or by an Advocate practising in the High Court and if it be granted, the Registrar shall give to the applicant a certificate in the Form annexed to these rules on the applicant’s furnishing the requisite stamp paper and a declaration in writing stating the Civil and Criminal Courts and the Revenue Courts and Offices which he desires to be specified therein. The Registrar shall notify the admission in the Punjab Government Gazette.

Provided that if the certificate be not taken out in the year in which the applicant is admitted, it shall not be issued without a special order of the Court.

4. Fees for admission.

A fee of ten rupees shall be payable by every person admitted by the High Court to be a Pleader under the foregoing rules.

Form of Pleader’s Certificate

Pursuant to “The Legal Practitioners’ Act, 1879” as amended by the “Legal Practitio­ners’ Act, 1884,” I hereby certify that ________ _______________________________________________________________________ _____________________________ ___________________________________________ _________________________________________________________________ whose ordinary place of business is at _____________________________ has been duly admitted by the Punjab High Court as a Pleader on the _________________________________________ and is entitled to practise as such, subject to the provisions of the Act above recited and to the rules made thereunder, during the current calendar year in the Courts and Offices specified below, that is to say:—

Civil Courts

The District Court and all Civil Courts of subordinate jurisdiction.

Criminal Courts

The Court of Session and all Criminal Courts of Subordinate Jurisdiction.

Revenue Offices

All Revenue Courts and Offices subordinate to the Court and Office of the Financial Commissioner.

Given under my hand and the seal of the Court, this _____________________ ______________________ ______________ __________ day of————— 19.

___________________

Registrar.

N.B.— This licence is liable to be revoked at any time during the said period on the grounds specified in sections 12 and 13 of the said Act, and inter alia participation on the part of the holder in any seditious or disloyal movements will be considered reason­able causes for such revocation.

PART E Powers and Duties of Pleaders

1. Courts in which a pleader can practise.

A Pleader holding a certificate written upon stamped paper of the value of twenty- five rupees shall be competent to appear, plead, and act in all Courts, Civil and Crimi­nal, subordinate to the High Court and in all Revenue Courts and Offices subordinate to the Financial Commissioner, subject to rules as regards enrollment in Part F.

2. Notice to be given on taking up employment or engaging in trade or busi­ness.

When a Pleader accepts any appointment under Government, or in a limited liability, or other Company, or engages in any regular trade or business, he shall forthwith give notice thereof to the High Court and the Chief Justice and Judges may suspend his certificate or pass such orders as they may think fit.

Explanation.— Ministers of the Government, the Speaker and Deputy Speaker of the Legislative Assembly, Parliamentary Secretaries and Parliamentary Private Secre­taries are excluded from the operation of this rule.

3. Not to buy property in cases in which engaged.

Except with the special leave of the Court concerned, no Pleader shall in his own name, or in the name or names of any other person or persons, purchase any property or any share in interest in any property sold in execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged.

4. Shall furnish account of his client of money received.

Where any Pleader receives any money from his client, he must furnish him with a statement of accounts, with receipts, where these can be obtained for all sums of money above Rs 5 disbursed on his behalf.

A Pleader shall be responsible for seeing that receipts are furnished to a client for all sums of money received by himself or by his cleric on his behalf.

5. Procedure to be followed when a Pleader has been expelled by his Bar Association.

On receipt of intimation that a pleader has been expelled by his Bar Association from membership, his case should be referred to a single Judge who will decide whether there is any cause for taking action against the lawyer for professional misconduct. If the Judge is of opinion that action for professional misconduct should be taken the case will be dealt with in the same way as other cases of professional misconduct. If he decides that there is no reason to take action for professional misconduct, the lawyer will be allowed to practise although he is not a member of a Bar Association.

6. 

No pleader shall employ direct means of advertisement such as describing himself on sign -boards, telephone directories, books, letters, paper heads or case covers, etc., as an expert or practitioner or consultant in any particular branch of law or putting more than one name plate at his residence and office:

Provided that, on account of the peculiar situation of Simla houses, a Pleader may pat up name plates not exceeding three if his residence is separate from the office and not exceeding two if his office and residence are at one and the same place, subject to the condition that name plates are not indicative of advertisement or canvassing.

PART F The Enrollment of and Renewal of Certificates by Pleaders

(a) Enrollment

1. Can practise on enrollment only within the District.

A Pleader is authorized to practise only after enrollment in accordance with the

rules in this part, and then only in a Court or Office held within the territorial limits of the jurisdiction of the Court of the District Judge in which he is enrolled.

2. Mode of applying for enrollment. Entry in register and on certificate.

              (i)          Every application, to be enrolled as a Pleader under the provisions of sections 8 and 9 of the Legal Practitioners’ Act, shall be made by petition to the Court in which the applicant desires to be enrolled. The application shall be accompanied by the certificate referred to in section 7 of the Act, and shall be presented by the applicant in person or by an Advocate or Pleader practising in the Court

             (ii)         If it appears from the certificate that the applicant is entitled to be enrolled, the Court shall enter his name in a register of Pleaders to be maintained in Form I, and endorse on his certificate memorandum in Form II, annexed to these rules.

Note.— Such applications must be stamped with the proper court-fee stamp under Article (l)(b)(iii) of Schedule II of Court -fees Act, as amended by Punjab Act No. XXVI of 1949.

3. Register of enrollment to be kept by District Judge.

A register of Pleaders in Form I annexed to these rules shall be maintained in the Court of the District and Sessions Judge.

(b) Renewal of certificates

1. Application for renewal of certificate—Procedure.

(i)       Every application for the renewal of a certificate shall be made by petition to the District Judge of the district in which the applicant ordinarily practises, at least two weeks before the expiry of the certificate, and shall be accompanied by the expiring certificate and by a declaration in writing stating the applicant’s ordinary place of business, and the Civil or Criminal Courts and the Revenue Offices which he desires to be specified therein.

In the case of a pleader who is not actually practising at the time of applying for renewal of his license, the application shall be accompanied by—

(i)       a statement to show whether he complied with the provisions of rule 2 of this part;

(ii)      a declaration to the effect that since he last renewed his license—

(a)      he has not been dismissed from Government service.

(b)      he has not been declared an insolvent

(c)      he has not been convicted by any criminal court

(iii)     another declaration to the effect that he is not engaged in any trade, business or other profession at the time of submitting his application; and

(iv)    in case the applicant has been in the service of Government, or a local body, a certificate from the Head of Department to the effect that his character and conduct while in service were good.

(ii)      Mode of presenting application. Every such application shall be presented by the applicant in person, or in the event of the applicant being unable to attend in person, by an Advocate or Pleader practising in the Court

Note.—Such applications do not require to be stamped.

(iii)     If at the date of the application the applicant is not resident within the jurisdic­tion of the High Court the fact shall be stated in the application, and unless the applicant or other person applying on his behalf certifies that the applicant intends to return and to resume practice within the jurisdiction of the High Court during the ensuing year, the certificate shall not be renewed within an order of the High Court

(iv)    Endorsement on renewal certificate which shall be notified to High Court. On the requisite stamp-paper being supplied, a renewed certificate will be prepared and issued by the District Judge to the applicant, if he attends personally or to the Advocate or Pleader presenting the application. On the renewed certificate will be endorsed the memoranda of enrollment recorded on the expiring certificate, and the endorsement will be authenticated by the renewing officer. When a certificate is re­newed by a District Judge, he shall forthwith notify such renewal to the High Court, and cancel and place the superseded certificate on record in his office.

(v)      Procedure where applicant changes his place of business. If a Pleader ap­plying for the renewal of his certificate in any District in which he has not been practising, declares that he has changed his place of business and intends to practise in that district, the District Judge to whom the application is made shall renew the certifi­cate and report at once to the High Court defect (direct) of his having done so; informa­tion being given at the same time to time District Judge in whose district the Pleader has hitherto been practising with a view to his removing the name of the Pleader from his register.

2. District Judge to be Informed in case renewal not desired.

Every pleader who desires not to renew his certificate shall, before it expires, inform the District Judge of the district in which he ordinarily practises of his intention and the reasons for the same. If no such information is furnished, he shall not be entitled to have it renewed without a further order of the High Court, which may if it thinks fit, require payment of the renewal fees for the entire period during which the certificate has not been renewed.

Consequence of informing in time. If the information is furnished at the proper time, the certificate may be renewed on application under the foregoing rules, and on payment of the usual fee.

Consequence of non renewal within three years. If application for renewal of a lapsed certificate is not made within three years, the name of the person shall, at the expiration of that period, be struck off all the registers in which he is enrolled and the fact intimated to the High Court.

3. Cancellation of certificate.

(a)      If the practice of a Pleader has been suspended and during the period of suspen­sion the Pleader is dismissed from Government service or is convicted of any criminal offence, implying a defect of character which unfits him to be a Pleader the certificate shall be deemed automatically cancelled, unless the High Court, for special reasons sees fit to renew it

(b)      The High Court may, for any other reasonable cause occurring during Such suspension, cancel the certificate of the Pleader or direct that the suspension shall continue for such period as may be determined.

(c)      The procedure for the decision of cases falling under this rule shall follow, as nearly as may be, the procedure prescribed in Part G of this Chapter for the suspension and dismissal of Pleaders.

I. —Form of Register,—vide Rule 3 of Part F(a)

Register of Pleaders and Mukhtars enrolled under the Legal Practitioners’ Act, 1879, in the Court of ________________ ______________________ _________________________________________at

II.—Form of Memorandum of enrollment referred to in Rule 2,

Clause (ii) of Part F (a)

Certified that _______________________  ________________________________ has this day ____________________  _ ______________ _________ been enrolled in the Court of the ______________________________ ______________________________ _____________________ of as a _______________________________________________.

(Signed A.B.)

Title as Judge of the Court.

PART G The Suspension and Dismissal of Pleaders

Rules made by the Punjab High Court under the powers conferred by clause (b) of section 6 of the Legal Practitioners Act, 1879 (XVIII of 1879) as to the suspension and dismissal of Pleaders

1. (i) Insolvency of a Pleader.

(i)       A pleader adjudged insolvent shall be liable to suspension until such time as the is discharged whether conditionally or not, or until the order of adjudication is annulled.

(ii)      Notice. Any Court subordinate to the High Court adjudging a pleader to be insolvent shall forthwith send a copy of its order to the Registrar, who shall cause it to be laid with the least possible delay before the Honourable the Chief Justice or an Honourable Judge nominated in this behalf. The Honourable Judge shall fix a date for which notice shall issue to the pleader to appear and show cause why he should not be suspended until such time as he is discharged or the order of adjudication is annulled.

(iii)     Suspension until discharge. On the date fixed the Honourable Judge shall, after hearing the pleader in person or his counsel, or if he does not appear, although served and is not represented by counsel, in his absence, pass orders suspending the pleader until such time as he is discharged whether conditionally or not, or until the order of adjudication is annulled, unless for good and sufficient reasons to be recorded in writing he considers it necessary not to suspend him.

Note.— The pleader must satisfy the Honourable Judge that his insolvency is npt due to any cause which affects his suitability to practise as a legal practitioner.

2. (i) Conviction for an offence.

(i)       When any criminal court subordinate to the High Court convicts a Pleader of any offence, it shall forthwith report the fact and transmit a copy of its judgment to the High Court

(ii)      Complaint in writing. Any person making allegations of professional mis­conduct under section 13 of the Legal Practitioners’ Act against a Pleader shall be required to submit them in the form of a written complaint and, unless the complainant is a public servant acting in his official capacity, shall be required to support them by an affidavit

3. Inquiry under section 13 of the legal Practitioners’ Act how ordered.

(i)       An inquiry under section 13 of the Legal Practitioners’ Act, 1879, may be ordered by the High Court of its own motion or upon an application for that purpose.

(ii)      Such an enquiry into the conduct of a Pleader may be held before the High Court or before any subordinate Court appointed by the High Court to hold it and to report to the High Court

(iii)     Show cause notice. A notice about a complaint under section 13 of the Legal Practitioners’ Act shall be issued to the Pleader and shall be served upon him at least fifteen days before the day appointed for the consideration of the charge. The pleader may, at this stage, show cause against an enquiry being directed against him, on the ground that the allegations, even, if true, would not constitute a reasonable ground for suspension or dismissal.

4. Preliminary inquiry.

When a report and a copy of the judgment under Rule 2(i) or a complaint under rule 2(ii) or a report from a subordinate court under rule 3(ii) or a report under section 14 of the Legal Practitioners’ Act are received, the Registrar shall cause the papers to be laid, with the least possible delay, before the Honourable the Chief Justice or an Honourable Judge nominated in this behalf. The Honourable Judge may make such preliminary inquiry as he considers necessary, and if he is of the opinion that there is no ground for proceeding further, he may order accordingly.

5. (i) Statement of charges.

(i)       If the Honourable Judge finds that a prima facie case is made out for proceeding further against the Pleader he shall pass an order directing that the case be heard by a Bench of Two Honourable Judges and shall call upon the Advocate-General to draw up a statement of charges against the Pleader.

(ii)      Suspension. When such an order has been passed the Honourable Judge may suspend the Pleader from practice pending the decision of the disciplinary proceedings against him.

(iii)     Notice to Pleader. When the Pleader is suspended, the Registrar shall forth­with cause notice of his suspension to be served upon him.

6. Constitution of Bench-Notice.

(i)       When the statement of charges referred to in Rule 5 has been framed by the Advocate-General and approved by the Honourable Judge ordering the inquiry, the Honourable the Chief Justice shall nominate a Bench of two Honourable Judges to hear the case.

(ii)      The Registrar shall thereupon cause a copy of the statement, of charges together with a notice of the date of hearing, to be delivered to the Pleader at least 15 days before the date of hearing and shall call upon him to submit on the first date of hearing a written statement in answer to the charges. The person charged shall also be entitled to make an oral statement in answer to the charges.

7. Procedure for hearing before the Bench.

If the Bench is of the opinion that there is no ground for taking disciplinary action against the Pleader it may pass orders accordingly and its decision will be final.

8. Points of procedure.

(i)       The Bench shall have powers to decide what, if any, witnesses shall be exam­ined in support of the charges or on behalf of the Pleader and to nominate one of its members to record any evidence which may be adduced.

(ii)      The Bench shall also have powers to decide all points of procedure which may arise during the hearing and may direct that all or any of the evidence to be recorded shall be given by affidavit.

(iii)     Pleader may appear as witness. In all enquiries under section 13 or section 14 of the Legal Practitioners’ Act the person charged may offer himself as a witness on his own behalf, and may thereupon be sworn or affirmed and examined in the same manner as any other witness: but he shall nor be called as a witness or examined upon oath or affirmation except at his own request or with his express consent.

9. Decision of Bench.

The Bench shall after hearing such arguments both for and against the Pleader as may be offered, come to a decision on the merits of the case and direct what action shall be taken. This decision shall be final.

In the case of dis -agreement the case may be referred to the Honourable the Chief Justice or an Honourable Judge nominated in this behalf whose decision shall be final.

10. Reinstatement.

If the Bench decides that the charges are not proved it shall pass orders accordingly and the Pleader shall, if he is under suspension, be reinstated.

11. Revision.

The High Court may, either of its own motion or on the application of any person aggrieved, call for the records of any case under section 15 of the Legal Practitioners’ Act and revise the proceedings of a subordinate court or Revenue officers:

Provided that no order of acquittal, passed by a subordinate court or officer under section 14 of the Act, shall be set aside without giving the pleader an opportunity of being heard.

12. Orders to be communicated to Pleader.

The orders of the Bench shall be communicated by the Registrar to the Pleader.

13. Reconsideration of orders.

Any order of suspension or dismissal made or confirmed by the High Court may, if sufficient cause appears, be re-considered and cancelled or modified by the Bench which made the order:

Provided that if, for any reason, any member of the Bench is unable to sit on the Bench for the reconsideration of its order, the Honourable the Chief Justice may nomi­nate another Honourable Judge in his place.

14. Orders to be published in the Gazette.

Every order of the High Court by which a Pleader suspended or dismissed or reinstated shall be notified by the Registrar in the Punjab Government Gazette.

(High Court Notification No. 230-Genl/XIII-D-3, dated the 13th September, 1956.)

PART H Filing of powers of Attorney by Legal Peactioners in the High Court and the Courts

(a)      In Subordinate Court—

(i)       For Civil cases—see Chapter 16-A, Rule and Orders of the High Court, Volume I.

(ii)      For criminal cases—see Chapter 25-A, Rules and Orders of the High Court, Volume III.

(b)      In the High Court—

The rules are the same as given at (i) and (ii) of part (a) above except that no person can appear, plead or act on behalf of a suitor in the High Court unless his name is borne on the rolls of the High Court as an Advocate. A private Pleader under section 4(r)(2) of the Code of Criminal Procedure is also de­barred from appearing in the High Court under clauses 7 and 8 of the Letters Patent constituting that Court.

PART I Fees of Counsel

Note.— The Honourable the Chief Justice and Judges of the Punjab High Court have been pleased to direct that till such time as fresh rules for fixing the regulating by taxation or otherwise the fee payable as costs by any party in respect of the fees of his adversary’s Advocate upon all proceedings in the High Court or in any Court Subordi­nate thereto, are made under section 16 of the Indian Bar Councils Act, 1926 (XXXVIII of 1926), the existing rules, relating to fees of Counsel, as are contained in Chapter 6-1, High Court Rules and Orders, Volume V, and in Chapter 16-B, of High Court Rules and Orders, Volume I, as the case may be, shall be adopted.

(High Court Notification No. 17/XIII-F-4, dated the 13th January, 1949).

1. Suits for debt, damages and recovery of specific property.

In suits for the recovery of specific property or a share of specific property, whether movable or immovable, or for the breach of any contract or for damages—

(a)      if the amount or value of the property, debt or damages decreed shall not exceed rupees five thousand according to the valuation for purposes of appeal to the Court, the fee shall be calculated at seven and a half per cent (71/2%) on the amount or value decreed, but the Court, may, in any case, otherwise order and fix such percentage as shall appear to be just and equitable;

(b)      If the amount or value decreed shall exceed rupees five thousand, the fee payable shall be calculated at such a percentage as shall appear to the Court to be just and equitable.

2. Suit for injuries to person or property or character. Suits for partition and pre-emption and other rights.

In suits for injuries to the person or character of the plaintiff, such as suits for assault or defamation or for injuries to property or to enforce rights where the pecuniary value of such injury or right cannot be exactly defined,—as in suits for interference with a right to light or water, or to enforce a right of pre-emption, or suits for the partition of joint property, where partition is improperly resisted,—if the plaintiff suc­ceeds, the Court may order the fee allowed to the plaintiff to be calculated with reference either to the amount decreed or according to the valuation of the suit or according to such sum not exceeding the valuation, as the Court shall think reasonable and shall fix with reference to the importance of the subject matter in dispute. In any such case, the amount of the fee shall be calculated according to rule 1.

3. When suit dismissed on merits or default.

If the suit be dismissed for default or upon the merits, the fee allowed to the defendant shall be calculated according to rule 1 on the whole value of the suit.

4. When suit partly dismissed.

If the suit shall be decreed for the plaintiff as to part only of the claim, and as to the . remainder shall be dismissed, the fee allowed to each party should be fixed with reference to the value of that part of the claim in respect of which he shall succeed, and shall be calculated according to rule 1.

5. Suits for damages when full amount claimed not decreed.

If in any suit for damages, the plaintiff succeeds as to the whole of his cause of action, but fails to recover the full amount of damages claimed, the defendant shall not be entitled to any allowance for counsel in respect of the difference between the amount of damages claimed and the amount recovered, unless the Court shall be of opinion that the amount claimed for damages was unreasonable or excessive and shall, for that or any other cause, direct that a fee be allowed to the defendant.

If specially allowed, the amount of such fee shall be fixed with reference to the amount of damages disallowed to the plaintiff and shall be calculated according to rule 1.

6. In case of several defendants having common interest.

If several defendants who have a joint or common interest succeed upon a joint defence, or upon separate defences substantially the same, not more than one fee shall be allowed, unless the Court shall otherwise order. If only one fee be allowed, the Court shall direct to which of the defendants it shall be paid or shall apportion it among the several defendants in such manner as the Court shall think fit.

7. Several defendants having separate interest.

If several defendants, who have separate interests, set up separate and distinct defences and succeed thereon, a fee for each of the defendants who shall appear by separate counsel may be allowed in respect of his separate interest Such fee, if allowed, shall be calculated, with reference to the value of the separate interest of such- defendants, according to rule 1.

8. Miscellaneous proceedings.

In any miscellaneous proceedings or for any matter other than that of appearing, acting or pleading in a suit prior to decree, the fee shall be fixed by the Court with reference to the nature and importance of the proceeding or matter: Provided that in no case shall the amount allowed in respect of such fee exceed rupees seven hundred and fifty.

9. Half fees in undefended suits.

If a suit in the High Court, as a Court of original jurisdiction, be undefended, the fee shall be calculated at one-half the sum fixed for a defended suit of the same nature and value.

10. When review is rejected.

If a review be rejected after summoning the opposite party or if, after the admission of a review, the former judgment be upheld, the fee, if allowed to the successful party in the review, shall be fixed by the Court at an amount which shall not in any case exceed one-half of the amount allowed by those rules in case of an original decree.

11. When review is accepted.

If, after the admission of a review, the former judgment be revised, the fee in respect of the review, if allowed to the party who succeeds in the review, shall not exceed one-half the amount allowed by these rules in case of an original decree. The fee allowed in respect of the review will be irrespective of any fee which may be included in any costs in respect of the original suit which may be adjudged to the successful party by the judgment in review, unless the Court shall otherwise order.

12. Appeals.

In appeals, the fee shall be calculated on the same scale as in original suits; and the principles of the above rules as to original suits shall be applied, as nearly as may be, in appeals.

13. Where several appellants have joint interest.

When the interest of several appellants is joint, not more than one fee shall be allowed, unless the Court shall otherwise order. If one fee only be allowed, the Court shall direct to which of the appellants it shall be paid or shall apportion it amongst the several appellants in such proportion as it shall think fit.

14. Several respondents.

If several respondents in one appeal appear by separate counsel, in determining whether separate fees shall be allowed, the Court shall be guided by the principles .laid down in rules 6 and 7.

15. Discretion of court to deviate from the scale laid in the rules.

If, in any instance, the payment of fees according to the preceding rules shall not appear to the Court to be just and equitable the Court may .exercise its discretion in allowing such fee as may appear just and equitable:

Fees in case of counsel dealing with dalals and touts. Provided that in the case of a party represented by any Advocate, Vakil or Attorney (a) who is known or reputed to have any dealing, communication or correspondence, directly or indirectly, with a dalal or with any person who frequents any Railway Station, sarai or other place as a tout or (b) who is known or reputed to employ in any capacity whatsoever any such person or any person who frequents any Railway Station, sarai or other place as a tout, the Court may order that no fee be allowed to such party for such Advocate, Vakil or Attorney of may, in its discretion, allow a fee for the same not exceeding the following sums, that is to say—

(i)       In first appeals from original decrees and in suits before the Court in the exercise of its ordinary or extraordinary original jurisdiction,—Rs. 75

(ii)      In all other cases, the fee allowable under the above rules up to a maximum of Rs. 15:

Appeals from decrees passed on remand. Provided also that, if an appeal be preferred against a decree passed on remand, the fee, if any, allowed by the Court to the party succeeding in that appeal, shall not, unless the Court shall otherwise order, be less than one quarter, nor more than one-half of the amount which would be allowed under the rules upon an original hearing, if, by the decree remanding the case, the same party shall have allowed fees in respect of the former appeal in the suit either absolutely or conditionally upon his succeeding upon the remand:

Fees for trial of issues referred to the lower Court. Provided also, that if an issue be framed and referred by the Court for trial by a lower Court, the Court may, if it thinks proper, allow to the party who shall succeed in the appeal, such sum as the Court shall consider reasonable not exceeding half the amount which would be allowed under these rules in an original case, for his fee in respect of the trial of the issue in the lower Court, in addition to a fee in respect of the appeal.

16. Certificate of payment of fees to counsel to be put in before fees are allowed by Court.

Notwithstanding anything contained in the rules of the Court and notwithstanding any order of a Judge or Judges, no fee for the appearance of any Advocate, Vakil or Attorney shall, except as in these rules hereinafter provided be allowed on taxation between party and party, or shall be included in any decree or order unless the Taxing Officer is satisfied that the fee was paid to the Advocate, Vakil or Attorney before the hearing and unless the party claiming to have such fee allowed shall, before the hearing, file in the offence of the Taxing Officer, a certificate signed by the Advocate, Vakil or Attorney as the case may be, certifying the amount of the fee or fees actually paid by or on behalf of his client to him or to any other Advocate, Vakil or Attorney in whose place he may have appeared:

Provided that in regular first appeals from decrees and cases arising under the Company Law and Indian Succession Act heard before a Division Bench the taxing officer will allow fees on taxation to a party when at least two counsels have filed certificates of payment of fees on its behalf.

17. Contents of certificate.

Such certificate shall state—

(a)      the case matter or proceeding in respect of which such fee or fees was or were paid;

(b)      the date or dates when such fee or fees was or were actually paid to the Advocate, Vakil or Attorney engaged in the case, matter or proceeding either as the exclusive fee or fees of such Advocate, Vakil or Attorney or as the fee or fees of the Advocates, Vakils or Attorneys associated and to be associated in the case, matter or proceeding in the High Court;

(c)      the precise amount or amounts which was or were so paid;

(d)      that no portion of such fee or fees has been returned, and that no agreement for return or remission of the same has been made, by the Advocate, Vakil or Attorney or by any one on his behalf; and

(e)      the name and address of the person who made such payment:

Certificate of payment where higher fees above the scale allowed. Provided that when a higher fee than is allowed by the scale is allowed by special order of the Court, a certificate of the payment of the additional fee at any time may be accepted if filed before taxation in lieu of the certificate required by these rules.

18. Form of Certificate of payment of fees.

The certificate mentioned in rule 16 shall, so far possible, be in the following form:—

In the Delhi High Court

Between,___________________________  and _____________________________________________

For the purpose of presentation to the Taxing Officer and having my fee allowed on taxation as against the party or parties who may be liable for costs under the judgmentor order of the Court, I, ____________________________ in accordance with rule 17 of the rules regulating the fees of counsel in the Court, hereby certify that in the above _________________________________ _________________________ ________________ ___________________________ ___________________________ _______________, the following fees were paid to me as my exclusive fee (or as my fee as well as that of  _________________ ______________ __________ __________ who ______________________ was associated / were to be associated ________________with me in the case) on the dates and by the person or persons specified below, and that no portion of such fees has been returned and that no agreement for such return or remission has been made by me or by any one on my behalf or on behalf of who _________________ was / were ___________ associated with me in the case:—

Signature _____________________________________________________

Date of Signature ______________________________________________

Address of Advocate, Vakil or Attorney ______________________________

Filed on the __________________ day of _____________________ by ____________________________ ______________________________ ___________________________________

Note.— In the certificates of fees filed by the legal practitioners engaged by Govern­ment in cases in which the Union of India or a State Government is a party, or in which the actual party is not Government but Government Servants or some other persons whose defence Government decides to undertake at public expense, or in which a Municipal Committee or a Local Body or an Improvement Trust is a party, it is sufficient to certify that a fee has been fixed (not paid) by the Legal Remembrancer to

Government, Punjab, or other appropriate authority as the case may be. The same procedure may, by a resolution of the Judges in meeting be extended to counsel appear­ing on behalf of an Official Liquidator appointed by the High Court.

19. Matrimonial cases.

Counsel engaged in matrimonial cases in the High Court, should when filing a certificate required by rule 16, submit a detail of the work done or to be done by them for which they have charged their clients. Only those charges which are necessary to enable the parties to conduct the litigation will be allowed by the Taxing Officer who will bear in mind that the object in giving costs is to indemnify the successful party against the expenses to which he has been put by the unsuccessful party. The maximum fee in a defended matrimonial cause shall be Rs 1,500; and half that amount in unde­fended causes, provided that the Judge, who tries the case may allow the full fee in an undefended cause, should the nature of the work done by counsel warrant it

Note.— For rules regarding fees of counsel in subordinate courts see Parts B and C of Chapter 16 of Volume I.

PART J Clerks of Legal Practitioners

1. Disqualification.

No person shall be employed by a legal practitioner as his clerk unless such person has been a legal practitioner’s clerk for three years, or is a qualified petition -writer or has passed the Matriculation examination of a recognized University:

Provided that no such person shall be employed as a clerk—

(a)      if he has been declared a tout; or

(b)      if he is an undischarged insolvent; or

(c)      if he has been convicted for an offence involving moral turpitude; or

(d)      if he has been dismissed from the service of Government, unless he can show^ that his dismissal was not due to conduct showing him unfit to be legal practitioner’s clerk, viz., corruption or some other reason involving dishonesty;

(e)      if he is an ex-petition-writer, whose licence has been cancelled for corruption or for some other reasons involving dishonesty;

(f)       if he is unfit to be a legal practitioner’s clerk for any other sufficient reason.

Dismissed Municipal and District Board employees shall be regarded as dismissed “Government Servants” for the purposes of these rules.

Note.— (i) Date when and persons to whom rule will apply. The rule shall apply to all persons engaged after the 20th November, 1936, but not to a person who was a legal practitioner’s clerk on or before the 20th November, 1936, and who may be engaged by a legal practitioner after the 20th November, 1936 provided:—

(a)      that his service subsequent to the date is continuous; and

(b)      that his work is satisfactory as certified by his last employer.

(ii) Clerks to whom proviso shall apply. The proviso shall apply to clerks al­ready in the service of legal practitioners, who have been declared touts at any time, or who were convicted within five years before the 20th November, 1936, for an offence involving moral turpitude.

(iii) Clerk to whom proviso shall not apply. The proviso shall not apply to clerks already in the service of legal practitioners who have been dismissed from the Govern­ment service.

(iv) The proviso shall not apply to clerks already in the service of legal practitioners who have been convicted but whose convictions took place more than five years before the 20th November, 1936.

(v) Employment of undischarged insolvent clerks. The proviso that no person shall be employed as a clerk if he is an undischarged insolvent shall apply to clerks already in the service of legal practitioners.

I-A. No deed writer, Sarpanch or Panch shall be employed, at all, as a Legal Practitioner’s Clerk. A Clerk to a Legal Practitioner shall not, also, engage himself in any trade or business without the previous permission of the high Court. The name of a Clerk shall be removed from the list maintained by the District Judge in case he contravenes the provisions of this rule.

2. Illiterate persons not to be employed.

No illiterate person shall be employed at all as a Legal Practitioner’s Clerk.

Note.— Definition of literate person. A literate person for purposes of this rule will be one who has some knowledge of English or preferably Urdu as being the Court language in the Punjab.

3. Not more than two clerks to be engaged.

Not more than two clerks shall be appointed or retained by any legal practitioner.

4. Names of clerks to be notified to Secretary, Bar Association.

The names of such Clerks shall be communicated by each Legal Practitioner, who is a member of a Bar Association, to the Secretary of that Association. A legal Practi­tioner who is not a member of a Bar Association and cannot, under the rules framed by the High Court, be compelled to join a Bar Association shall communicate the names of his Clerks direct to the Registrar of the High Court in case he is practising in the High Court and to the District Judge if he is practising in a subordinate court.

5. List of clerks to be sent to District Judge.

The Secretary of a Bar Association shall prepare a list of the Cierks employed by the Legal Practitioners who are members of the Bar Association, and send it to—

(a)      the Registrar of the High Court.

(b)      the District Judge, or

(c)      the Presiding Officer of the Superior Civil Court sitting at the place where the Association is, as the case may be.

The Presiding Officer of the court mentioned at (c) above shall transmit the list to the District Judge of the District in which the said Court is.

6. Date of submission of list.

Such list shall be submitted in the first week of January each year, any changes during the course of the year being intimated separately.

7. 

No Clerk shall be recognized by any court unless his name is borne on the above list and he carries on his person an identity -card bearing his photograph duly attested by the Registrar/Deputy Registrar of the High Court or by the District Judge concerned.

8. Power of clerks to deal with the staff of the court.

Clerks mentioned in the list shall be entitled to act on behalf of their masters, but on their responsibility, in all transactions which have to be done before or with the ministe­rial staff of the Court.

9. List of clerks to be circulated to local courts.

A copy of the list when received and the changes notified shall be supplied to all courts situated at the station for information.

10. Contents of list.

(a)      name and parentage of the clerk,

(b)      name of the legal practitioner by whom engaged,

(c)      qualification, i.e., whether

(i)       Matriculate,

(ii)      Petition writer,

(iii)     Has three years service with a legal practitioner, with a certificate that the clerk has never been—

(iv)    dismissed from Government service,

(v)      convicted of an offence involving moral turpitude,

(vi)    declared a tout,

(vii)   declared an insolvent, if so, whether discharged or undischarged.

11. Only District Judge competent to remove name from list.

The Registrar of the High Court, in respect of a Clerk whose name is borne on the list received by him under rule 5, and the District Judge in respect of a Clerk whose name is borne on the list received by him under the side rule (and not a Bar Associa­tion) shall have the power to declare a person to be unfit for employment as a Legal Practitioner’s Clerk and to remove his name from the list of approved Clerics to legal Petitioners.

12. Appeal.

A Clerk whose name has been removed by the Registrar or a District Judge may appeal to the High Court, which may, if it thinks fit, alter or revise the orders passed by the Registrar or the District Judge.

PART K Constitution and Procedure of Bar Council

(Omitted)

Rules under Special Acts

A: Rules under S. 99A of the Cr.P.C 1898 (S. 95(2) of Cr.P.C 1973)

New Delhi, the 18th December, 1973

No. 140/Rules.— In exercise of the powers conferred by Section 79-F of the Code of Criminal Procedure, the High Court of Delhi hereby makes the following Rules to regulate the procedure in the case of applications to set aside orders of forfeiture passed by the Lt. Governor under Section 99-A (95(2) of the Cr.P.C. 1973) of the Code, namely:—

RULES

1. Application to be signed and verified.

Every application to the High Court under Section 99-B (96(1) of the Cr.P.C. 1973) of the Code of Criminal Procedure, 1898, to set aside an order of forfeiture under section 99-A (95(2) of the Cr.P.C. 1973) of the Code shall be signed by the applicant and supported by an affidavit

2. How application is to be written.

The application shall be in English on one side of water-marked plain paper divided into paragraphs, numbered consecutively.

3. Title.

The application shall be headed:—

“In the High Court of Delhi at New Delhi” and shall be instituted “In the matter of—(name or description of book, document or newspaper as the case may be)” and shall describe the parties.

4. Contents of application and exhibits to be annexed.

The application shall state what the interest of the applicant is in the property in respect of which the order of forfeiture has been made. All documents or copies thereof in proof of such interest together with a copy of the notification issued under Section 99-A [95(2) of The Cr.P.C. 1973] of the Code of Criminal Procedure, 1898, shall be annexed as exhibits to the application.

5. Grounds to be stated.

The application shall state the ground or grounds on which it is sought to set aside the order of forfeiture.

6. Deposit in connection with preparation of record.

The applicant shall, with his application attach a receipt for a sum of Rs. 100/-

which shall be deposited with the Treasurer of the High Court to cover the cost of preparation of the record.

7. Translation of documents.

(a)      No document in a language other than English shall be used for the purpose of any proceeding before the Court, unless it is accompanied by a translation in English;

(i)       agreed to by both the parties; or

(ii)      certified to be true translation by the counsel engaged or attending at the hearing; or

(iii)     prepared by a translator appointed or approved by the Court.

(b)      Every document required to be translated shall be translated by a translator appointed or approved by the Court.

8. Presentation of application.

The application with exhibits annexed thereto and their translations if any, with 5 copies thereof shall be presented at the Fijing Counter.

9. Notice to produce the document on which forfeiture was ordered.

The Registrar shall forthwith give notice of the filing of the application to the Chief Secretary, Delhi Administration and require him to furnish to the Court, as soon as possible, a copy of the particular newspaper, book or other document containing the words, signs or visible representation on which the declaration of forfeiture was based.

10. Evidence by affidavits.

Evidence in support of or against the application shall be in the; form of affidavits. The Delhi Administration shall, within fifteen days of the receipt of the notice men­tioned in Rule 9, file affidavits on behalf of the State and supply copies thereof to the other side. The applicant shall, within fifteen days of the receipt of Copies of the affidavits, file his affidavits and likewise supply the Advocate-General with copies.

11. Furnishing of documents and affidavits.

Each party shall furnish in required number of copies of its affidavits and docu­ments.

12. Date of hearing to be notified to Government.

Notice in writing of the day appointed for the hearing and determination of the application shall be given by the Registrar to the Chief Secretary, Delhi Administration.

13. Taxation of costs.

The taxation rules on the original side of the High Court for suits shall apply mutatis mutandis to taxation of costs of such applications and proceedings.

14. Execution of orders passed.

Any order passed in these proceedings shall be executed by the same manner as a decree or order of this Court on the original side.

15. Court’s power to enlarge or abridge time.

The Special Bench composed of three Judges to be nominated by the Chief Justice may enlarge or abridge, the time appointed by these Rules or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms if any, as the justice of the case may require, and any enlargement may be ordered, although the application therefore is not made until after the expiration of the time appointed or allowed.

16. Miscellaneous.

In matters not provided for by these rules, the Court may in its discretion apply the provisions of Civil Procedure Code.

17. Court’s power to dispense with compliance with the Rules.

The Court may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these Rules and may give such directions in matters of practice and procedure as it may consider just and expedient.

 

PART B Rules Regarding Applications Under Section 66 of the Indian Income-Tax Act, 1922

Rules made by the High Court under clause 27 of the Letters Patent to regular proceedings of applications and reference under Sections 66(2) and 66(3) of the Indian Income-tax Act, 1922, as amended by the Indian Income-Tax (Amendment) Acts, VII of 1939 and XL of 1940.

1. 

Every application under section 66(2) of the Indian Income-tax Act as subse­quently amended, hereinafter referred to as “The Act” for an order by the High Court requiring the Income-tax Appellate Tribunal to state and refer the case to the High Court shall contain a brief statement of facts and the point or points of law on which a reference is desired. Such application shall be supported by an affidavit by the assessees, or some other person acquainted with the facts and shall be accompanied by a copy of the said application and such documents and copies of such of the orders of the Income-tax Officer and the income-tax Appellate Tribunal as may be necessary for understanding the point or points of law on which a reference is desired.

The application shall also be accompanied by 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.

2.

Every application under section 66(3) of the Act made to the High Court for an order requiring the Income-tax Appellate Tribunal to treat the application made before the latter under section 66(1) as made within time shall be accompanied by a copy of the application made to the Tribunal together with a copy of the relevant order of the Tribunal and such other documents as may show that the application made to the Tribunal was within time of should be treated as such.

3. 

Every application under section 66(2) or section 66(3) of the Act shall be entitled Income-tax Act, 1992, Case No. _________________of _______________19 __________________.

Name of the assessee

_____________________________ Applicant.

versus

The Commissioner of Income-tax

____________________________ Respondent.

Name of the assessee

4. 

If the Court hearing the application does not reject it in limine, a notice shall be issued to the Assessee or the Income-tax Commissioner, as the case may be, to show cause against the application.

5. 

Counsel presenting an application under section 66(2) or section 66(3) of the Act shall be bound to accept service on behalf of his client of any notices issued by the High Court until the case has been finally disposed of or a change of counsel has been notified to the Court

6. 

In the event of the Court requiring the Income-tax Appellate Tribunal to state and to refer a case, notice of the order containing the question or questions of law on ' which the case is to be stated and to be referred shall be sent to the Income-tax Appellate Tribunal.

7. 

All cases stated by the Appellate Tribunal shall as far as possible be divided into paragraphs numbered consecutively and shall concisely state such facts and docu­ments, with copies of the latter annexed, as may be necessary to enable the court to decide the question raised thereby.

8. 

The party at whose instance a reference has been made shall have the statement of the case, printed and shall file three copies of such prints in the High Court office within two months from the date of the filling of the reference in the High Court

9. 

The Court hearing applications under section 66(2) or 66(3) of the Act or deciding cases stated and referred to under the Act shall be a Bench of two Judges unless the Chief Justice orders that any application or reference shall be heard by a Bench of more than two Judges.

10. 

At the hearing of such applications and cases the Court and the parties shall be at liberty to refer to the whole of the contents of the documents annexed thereto.

11. 

The Rules contained in this Chapter shall, so far as may be and with necessary modifications and adaptations, also apply to proceedings of a similar nature under any other Act including those under:—

(i)       Section 22 of the Punjab General Sales Tax Act, 1948;

(ii)      Section 57 or 60 of the Indian Stamp Act, 1899:

(iii)     Section 27 of the Workmen’s Compensation Act, 1923;

(iv)    Section 21 of the Excess Profit Tax Act, 1940 read with Section 66 of the Indian Income Tax Act;

(v)      Section 19 of the Business Profits Tax Act, 1947, read with Section 66 of the Indian Income Tax Act.

PART C

(a) Rules Under Section 1(4), Indian and Colonial Divorce Jurisdiction Act, 1926— made by the Secretary of State in Council for India with the Concurrence of the Lord Chancellor under the Indian and Colonial Divorce Jurisdiction Act, 1926 (16 and 17 Geo. 5) (As Amended by the Indian [Non-Domiciled Parties) Divorce (Amendment) Rules, 1940, as Published in Government of India, Home Depart­ment Notification No. 106/36, Dated the 14th January, 1941]

Short title and Commencement.

1. Title and date of enforcement.

(1)     These Rules may be* called the Indian (Non-Domiciled Parties) Divorce Rules, 1927.

(2)     They shall come into force on the 27th day of July, 1927.

Appointment of Judges

2. (1) Chief Justice to submit to Lord Chancellor names of judges proposed for exercising jurisdiction.

(1)     As soon as may be after the coming into force of these Rules the Chief Justice of each of the High Courts referred to in sub-section (i) of section 1 of the Indian and Colonial Divorce Jurisdiction Act, 1926 (hereinafter called “the Act”) shall submit to the Lord Chancellor through the Secretary of State for India the names of such number of Judges of the Court (including, if he thinks fit, the name of the Chief Justice himself) not exceeding six, as he may consider necessary for the purpose of exercising jurisdic­tion under the Act and these Rules.

(2)     Names of Judges approved to be published in Gazette.

Upon the approval of the Lord Chancellor to any nomination so submitted being signified to the Chief Justice by the Secretary of State for India, the Chief Justice shall cause the names so approved to be notified in the official Gazette of State as Judges appointed to exercise jurisdiction under the Act, and the Judges whose names shall have been notified shall thereupon have power to exercise jurisdiction accordingly.

(3)     Submission of further names.

At any time after the first nominations under these rules have been approved, the Chief Justice may propose the names of a further Judge or Judges to take the place of,, or to exercise jurisdiction in addition to, the Judge or Judges for the time being having powers under the Act and when such further nominations are approved they shall be notified as aforesaid.

3. Petition to be heard by a single Judge without jury. Appeal to be heard by a Bench.

Every petition under the Act shall be heard by a single Judge nominated and approved as hereinbefore provided, sitting without a jury, and subject to the provisions of the Indian Limitation Act, an appeal shall lie to a Bench of two other Judges who have been similarly nominated and approved against any decree or order which would be appealable if it had been passed in proceedings under the Indian Divorce Act, 1869, and shall be disposed of accordingly. Each such bench shall be constituted by the Chief Justice as occasion may arise.

4. Appeal to his Majesty in Council.

Nothing in these Rules shall be deemed to prevent the exercise of any ultimate right of appeal to His Majesty in Council.

Petition

5. Mode of proceeding.

All proceedings under the Act shall be commenced by filing a petition to which shall be attached a certified copy of the certificate of the marriage.

6. Contents of petition and form of relief.

(1)     In the body of a petition praying for the dissolution of a marriage shall be stated:—

                              (i)          the place and date of the marriage and the name, status and domicile of the wife before the marriage;

                             (ii)         the status of the husband and his domicile at the time of the marriage and at the time when the petition is presented, and his occupation and the place or places of residence of the parties at the time of institution of the suit;

                            (iii)         the principal permanent addresses where the parties have cohabited, including the address where they last resided together in India;

                            (iv)        whether, there is living issue of the marriage, and, if so, the names and dates of birth of ages of such issue;

                             (v)         whether there have been in Divorce Division of the High Court of Justice in England or in the Court of Session in Scotland or in any Court in India any, and, if so, what previous proceedings with reference to the marriage by or on behalf of either of the parties to the marriage, and the result of such proceed­ings;

                            (vi)        the matrimonial offences alleged or other grounds on which a decree of dissolu­tion is sought set out in separate paragraphs with the times and places and all other relevant particulars;

                            (vii)        (a) if at the date of institution of a cause of a wife the husband has deserted the wife, and there is reason to believe that he has changed his domicile since the date of the desertion, the domicile of the husband immediately before the desertion, the date when and the circumstances in which the alleged desertion began;

                           (viii)       (b) in the case of a petition for presumption of death and dissolution of the marriage, the last place of co-habitation of the parties, the circumstances in which the parties ceased to co-habit, and the date when and the place where the respondent was last seen or heard of;

                            (ix)        the claim for damages, if any;

                             (x)         the grounds on which the petitioner claims that in the interest of justice it is desirable that the suit should be determined in India.

(2)     The petition shall conclude with a prayer setting out particulars of the relief claimed, including the amount of any claim for damages and any order for custody of children which is sought, and shall be signed by the petitioner.

Verification of petition

7. Mode and contents of verification.

The statements contained in every petition under these Rules shall be verified by the petitioner or some other competent person in manner required by the Code of Civil Procedure for the time being in force for the verification of plaints, and in case where the petitioner is seeking a decree of dissolution of marriage, the verification shall include a declaration authenticated in like manner that no collusion or connivance exists between the petitioner and the other party to the marriage, and that neither the petitioner nor, within the knowledge of the petitioner, the other party to the marriage, has instituted proceedings which are still pending for the dissolution of the marriage in England or Scotland.

Co-respondents and Interveners

8. Alleged adulterers of wife to be made co-respondents.

In every petition presented by a husband for the dissolution of his marriage on the grounds of adultery the petitioner shall make the alleged adulterers co-respondent in the suits, unless the court shall otherwise direct.

9. Where husband charged with adultery with some person, copy of charge with notice to intervene to be sent to that person.

Where a husband is charged with adultery with a named person, a certified copy of the pleading containing such charge, shall unless the Court for good cause shown otherwise directs, be served upon the person with whom adultery is alleged to have been committed accompanied by a notice that such person is entitled within the time therein specified, to apply for leave to intervene in the cause.

Service of Petitions and Notices

10. Manner of service and notices.

Every petition or notice referred to in these Rules shall be served on the party to be affected thereby, either within or without India, in the manner prescribed by the Code of Civil Procedure for the time being in force for the service of summonses:

Provided that unless the Court for good cause shown otherwise directs, service of all such petitions and notices shall be affected by delivery of the same to the party to be affected thereby, and the Court shall record that it is satisfied that service has been so effected.

Answer and subsequent pleadings

11 Filing answers.

A respondent or co-respondent, or a woman to whom leave to intervene has been granted under Rule 9 may file in the Court an answer to the petition.

12. (1) Verification of answers.

(1)     Any answer which contains matters other than simple denial of the facts stated in the petition shall be verified in respect of such matter by the respondent or co-respon-dent, as the case may be, in the manner required by these Rules for the verification of petitions, and when the respondent is husband or wife of the petitioner the answer shall contain a declaration that there is not any collusion or connivance between the parties.

(2)     Action to be taken when the answer of a husband alleges adultery and prays relief.

Where the answer of a husband alleges adultery and prays relief, a certified copy thereof shall be served upon the alleged adulterer, together with a notice to appear in like manner as on a petition. When in such case no relief is claimed the alleged adulterer shall not be made a co-respondent, but a certified copy of the answer shall be served upon him together with a notice as under Rule 9 that he is entitled within the time therein specified to apply for leave to intervene in the suit, and upon such applica­tion he may be allowed to intervene, subject to such direction as shall then be given by the Court.

13. Action to be taken when proceedings for dissolution of marriage are pend­ing in United Kingdom.

(1)     If it appears to the Court that proceedings for the dissolution of the marriage have been instituted in England or Scotland before the date on which the petition was filed in India, the Court shall either dismiss the petition or stay further proceedings thereon until the proceedings in England or Scotland have terminated, or until the Court shall otherwise direct

(2)     If it appears that such proceedings were instituted after the filing of the petition in India, the Court may proceed, subject to the provisions of the Act, with the trial of the suit

Showing Cause against a Decree Nisi

14. Proctor to be appointed and notified in the Gazette.

The State Government of the State in which the principal seat of the Court is situate shall appoint an officer to exercise, within the jurisdiction for the purpose of the Act of the several High Courts referred to in section 1 thereof, the duties assigned to His Majesty’s Proctor by sections 181 and 182 of the Supreme Court of Judicature Consoli­dation Act, 1925, and the Officer so appointed shall be notified in the official gazette of the State. Every proctor so appointed shall, in the exercise of his functions, act under the instructions of the Advocate-General for the State.

15. Proctor may intervene on receipt of material information.

(1)     If any person during the progress of the proceedings or before the decree nisi is made absolute, gives information to the Proctor of any matter material to the due decision of the case, the Proctor may take such steps as he considers necessary or expedient

(2)     If in consequence of any such information or otherwise the Proctor suspects that any parties to the petition are or have been in collusion for the purpose of obtaining a decree contrary to the justice of the case, he may after obtaining the leave of the Court intervene and produce evidence to prove the alleged collusion.

16. Procedure when Proctor desires to show cause against a decree nisi being made absolute. Proctor to be made a party.

(1)     When the Proctor desires to show cause against making absolute a decree nisi he shall enter an appearance in the suit in which such decree nisi has been pronounced and shall within a time to be fixed by the Court file his plea setting forth the grounds upon which he desires to show cause as aforesaid, and a certified copy of his plea shall be served upon the petitioner or person in whose favour such decree has been pro­nounced or his advocate. On entering an appearance the Proctor shall be made a party to the proceedings, and shall be entitled to appear in person or by advocate.

(2)     Where such plea alleges a petitioner’s adultery with any named person a certi­fied copy of the plea shall be served upon each such person omitting such part thereof as contains any allegations in which the person so served is not named.

(3)     All subsequent pleadings and proceedings in respect of such plea shall be filed and carried on in the same manner as is hereinbefore directed in respect of an original patcion, except as hereinafter provided.

(4)     Proctor may apply for rescission of the decree nisi if his pleas are not controverted.

If the charges contained in the plea of the Proctor are not denied or if no answer to the plea of the Proctor is filed within the time limited or if an answer is filed and withdrawn or not proceeded with the Proctor may apply forthwith for the rescission of the decree nisi and dismissal of the petition.

17. Costs of proceedings when Proctor intervenes.

Where the Proctor intervenes or shows cause against a decree nisi in any proceed­ings for divorce, the Court may make such order as to the payment by other parties to the proceedings of the costs incurred by him in so doing, or as to the payment by him of any costs incurred by any of the said parties by reason of his so doing, as may seem just.

18. Procedure when any person other than the Proctor desires to show cause against a decree nisi being made absolute.

Any person other than the Proctor wishing to show cause against making absolute a decree nisi shall, if the Court so permits, enter an appearance in the suit in which such decree nisi has been pronounced and at the same time file affidavits setting forth the facts upon which he relies. Certified copies of the affidavits shall be served upon the party or the advocate of the party in whose favour the decree nisi has been pronounced.

19. Affidavits and counter affidavits in the above case.

The party in the suit in whose favour the decree nisi has been pronounced may within a time to be fixed by the Court file affidavits in answer, and the person showing cause against the decree nisi being made absolute may within a further time to be so fixed file affidavits on reply.

20. 

Every decree for the dissolution of a marriage under the Act shall in the first instance be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof unless the Court by general or special order from time to time fixes a shorter time:

Provided that no decree nisi against which an appeal has been filed, including an appeal to His Majesty in Council shall be made absolute until after the decision of the appeal.

21. Affidavit to accompany petition to make a decree nisi absolute.

(1)     Application to make absolute a decree nisi shall be made to the Court by filing a petition setting forth that application is made for such decree absolute, which, will thereupon be pronounced in open Court at a time appointed for that purpose. In support of such application it must be shown by affidavit filed with the said petition that no proceedings for the dissolution of the marriage have been instituted and are pending in England or Scotland, and that search has been made in the proper books at the Court up to within six days of the time appointed, and that at such time no person had intervened or obtained leave to intervene in the suit, and that no appearance has been entered nor any affidavits filed on behalf of any person wishing to show cause against the decree nisi being made absolute; and in case leave to intervene had been obtained, or appear­ance entered or affidavits filed on behalf of such person, it must be shown by affidavits what proceedings, if any, have been taken thereon.

(2)     If more than twelve calendar months have elapsed since the date of the decree nisi, an affidavit by the petitioner, giving reasons for the delay, shall be filed.

Alimony, Maintenance and Custody of Children

22. Mode of conducting proceedings.

Proceedings relating to alimony, maintenance, custody of children and to the pay­ment, application or settlement of damages assessed by the Court shall be conducted in accordance with the provisions of the Indian Divorce Act, 1969, and of the rules made thereunder:

Provided that in any case where a petition for the dissolution of her marriage is presented by the wife on the grounds of her husband’s insanity the relevant provisions of the said Act and Rules shall apply as if for the references to the husbands there were substituted reference to the wife and for the reference to the wife there were substituted reference to the husband, and in any such case and in any case where a petition for the dissolution of his marriage is presented by the husband on the ground of his wife’s insanity the Court may order the payments of alimony or maintenance under the said Act to be made to such persons having charge of the respondent as the Court may direct:

Powers delegated to Registrar under the Act.

Provided further that when a decree is made for the dissolution of a marriage the parties to which are domiciles in Scotland, the Court shall not make an order for the securing of a gross or annual sum of money:

Provided further that no Court in India shall entertain an application for the modifi­cation or discharge of an order for alimony, maintenance or the custody of children, unless the person on whose petition the decree for the dissolution of the marriage was pronounced is at the time the application is made resident in India.

Procedure Generally

23. General procedure.

Subject to the provisions of these Rules all proceedings under the Act between the party and party shall be regulated by the Indian Divorce Act and the rules made thereunder.

24. Forms.

The forms set forth in the Schedule to the Indian Divorce Act, with such variation as the circumstances of each case and these Rules may acquire, may be used for the respective purposes mentioned in the Schedule.

(b) Powers delegated to the Registrar under The Indian and Colonial Divorce Jurisdiction Act, 1926

Powers delegated to Registrar under the Act.

In accordance with the powers vested in them by Article 35 of the Letters Patent, the Honourable the Chief Justice and Judges of the High Court of Punjab at Chandigarh are pleased to delegate to the Registrar the following powers in cases under the Indian and Colonial Divorce Jurisdiction Act, 1926:—

(1)     Power to tax bill of costs between party and party, subject to an appeal to one of the Judges appointed to exercise jurisdiction under the Act

(2)     On order by a Judge, power to frame issues before trial.

(High Court notification No. 614/8870-G, dated the 26th December, 1928).

PART D

(a) RULES MADE BY THE HIGH COURT UNDER THE COMPANIES ACT, CONCERNING THE MODE OF PROCEEDINGS TO BE HAD FOR WINDING UP A COMPANY IN THE HIGH COURT

(See Chapter 1-A of Volume II, High Court Rules and Orders, pages 181-271 of this volume).

(b) RULES MADE BY THE PUNJAB HIGH COURT UNDER POWERS CONFERRED BY SUB-SECTION (2) OF SECTION 45-B AND SECTION 45-G OF THE BANKING COMPANIES ACT, 1949 (NO. X OF 1949), AS AMENDED

BY ACT NO. XX OF 1950.

(See Chapter 1-B of Volume II, High Court Rules and Orders, pages 271-284 of this volume).

PART E RULES UNDER SECTION 110 OF THE TRADE AND MERCHANDISE MARKS ACT, 1958, (NO. 43 OF 1958).

In exercise of the powers conferred by Section 110 of the Trade and Merchandise Marks Act, 1958 (No. 43 of 1958) the Punjab (Delhi) Court has made the following rules:—

1. Definitions.

(a)      The Act means the Trade and Merchandise Marks Act, 1958.

(b)      The Registrar means the Registrar of Trade Marks referred to in Section 4 of the Act and includes any officer appointed under Sub-Section (2) of Section 4 of the Act to discharge any of the functions of the Registrar.

(c)      “The Deputy Registrar” means the Deputy Registrar (Judicial) of the Punjab High Court and includes any person performing the functions of Deputy Registrar (Judicial) for the time being.

(d)      “Judge” means a Judge of the Punjab High Court (Delhi High Court).

(e)      “Court” means Punjab High Court (Delhi High Court).

2. Title of application.

All applications and appeals under this Act shall be instituted in the matter of the Act and in the matter of the Trade and Merchandise Marks to which they relate.

3. Mode of application.

All applications and appeals under the Act shall be made by petition supported by an affidavit and shall be presented to the Deputy Registrar (Judicial).

4. Disposal of petition.

The Deputy Registrar shall lay the petition before the Judge who may either admit the petition and direct notice thereof to be given to the opposite party or may reject it summarily or make such other order as the circumstances of the case may require.

5. Service on Registrar.

Notice of all the applications or appeals admitted by the Court shall be sent to the Registrar who shall have a right to appear and be heard and shall appear if so directed by the Court.

6. Stay of pending suit or proceedings.

(a)      If any application or appeal is made to the High Court, under the Act and any

suit or other proceedings concerning the Trade and Merchandise Marks in question is pending before the High Court or any District Court, the High Court may stay such suit or proceeding until the disposal of the said application or appeal.

(b)      Record of the case in Appeal.

In all contested appeals from the decisions of the Registrar the petitioner and the respondent shall furnish to each other, within 2 weeks from the date of filing of the affidavit in reply, a list of documents forming part of the record of the case before the Registrar on which they rely for the purposes of the hearing of the appeal. The peti­tioner shall then prepare a duly indexed compilation of the documents relied upon by either side and furnish a copy of the same to the Court and to the opposite party within thirty days of the receipt of the list of documents from the opposite party.

7. Reference under section 107(2).

Where the Registrar makes a Reference to the Court under Section 107(2) of the Act, he shall give notice of the same to the parties concerned. He shall also supply to the Deputy Registrar the postal addresses of all persons interested in the Reference. After the Reference is received, the Deputy Registrar shall fix a date for the hearing of the same and put it on the list of the Judge on such date for disposal. Fifteen days’ notice of the day so fixed shall be given by the Deputy Registrar to the Registrar and to the parties concerned by sending the notices by registered post.

8. Procedure for withdrawal of application under section 109(7).

Where under section 109(7) of the Act an applicant becomes entitled and intends to withdraw his application, he shall give notice of the intention in writing to the Registrar and to the other parties, if any, to the appeal within one month after the leave referred to in that section has been obtained. He shall also give notice to the Deputy Registrar (Judicial) who shall thereupon forthwith place the appeal on the list for disposal.

9. Counter-claim for rectification of Register in a suit for infringement.

A defendant in a suit for infringement filed in the High Court may in regard to any registered trade mark in issue counter-claim for the rectification of the register and shall within the time limited for the delivery of the counter claim serve the Registrar with the same, and the Registrar shall be entitled to take such part in the suit as he may think fit without delivering a defence or other pleading.

10. Copy of Judgment and order to be sent to the Registrar.

A certified copy of every judgment and order made on any application, appeal or reference under the Act shall be sent by the Deputy Registrar to the Registrar.

11. Notice how to be given.

Unless otherwise provided by these rules, when notice is required to be given to any party by the Act or by these rules, it shall be served on such party in the manner provided for the service of summons in a suit.

12. Affidavits as evidence.

Affidavits shall be treated as evidence of the facts affirmed in them.

13. Application of the Code of Civil Rules and Forms of the Court.

In cases not provided for in the foregoing Rules, the provisions of the Code of Civil Procedure, 1908 and, the Rules and Forms of the Court, shall apply mutatis mutandis to the proceedings under the Act:

Provided that it shall not be necessary for the Court to frame issues and the evidence may be taken in the form of affidavits where the Judge so directs.

14. Table of Fees applicable.

Process Fees shall be charged according to the Table of Fees for the High Court given in Chapter 5-B, High Court Rules and Orders, Volume IV.

15. Disposal of cases.

Applications relating to infringement of trade marks and passing of actions under the Act and all references, appeals, etc., shall be brought to hearing as early as may be practicable.

(High Court Notification dated the 12th January, 1963, published in the Punjab Government Gazette, Legislative Supplement, Part III, dated the 25th January, 1963, and Delhi Gazette dated 7th February, 1963, Part II, Section I).

PART F RULES UNDER THE CHARTERED ACCOUNTANTS ACT, 1949

The Honourable the Chief Justice and Judges are pleased to make the following rules relating to cases under the Chartered Accountants Act, 1949.

1. Register of cases.

All cases received by the High Court under Section 21 of the Chartered Accountants Act, 1949, shall be numbered and entered in a special register.

2. Filing of the finding, etc. in the Court

The Council of the Institute of Charmed Accountants of India (hereinafter referred as the Council) shall file in the office of the Deputy Registrar the finding of the Council along with the report of the Disciplinary Committee and all other relevant apers which were before the Council and the Disciplinary Committee and in particu- ars the following documents:—

(a)      Complaint or information.

(b)      Written statement of defence.

(c)      Depositions of witnesses together with exhibits.

(d)       

(e)      Notes of the hearing before the Disciplinary Committee and the Council.

The Council shall furnish to the Deputy Registrar two extra copies of the aforesaid apers.

The Council shall also furnish to the Deputy Registrar, the postal addresses of all arsons on whom notices are required to be served under Section 21(2) of the said Act.

3. Fixing date of hearing.

When the finding of the Council and the other papers have been filed in Court, the Deputy Registrar shall fix a date for the hearing of the case and shall forthwith issue notices in the Forms given in Appendix A.

4. Service of Notices.

Such notices shall be sent by registered post to all persons to whom notices are required to be sent under the provisions of Section 21(2) of the said Act at the addresses supplied by the Council, and shall be served not less than 15 days before the date fixed for hearing of the case.

5. Case to be heard before Bench.

The case shall be heard by a Bench consisting of not less than two Judges to be nominated by the Chief Justice.

6. Copy of the final order to be sent to the Council.

The Deputy Registrar shall send a certified copy of the final order passed in the case to the Council of the Institute of Chartered Accountants.

APPENDIX ‘A’

FORM Delhi High Court

Notice under rule 3.

In the matter of the Chartered Accountants Act (Act XXXVIII of 1949) and in the matter of a member of the Institute of Chartered Accountants of India

,—Petitioner

Versus

,—Respondents)

To

(1)     Member of the Institute , the respondent above-named.

(2)     Secretary of the Council of the Institute of Chartered Accountants of India.

(3)     Secretary to the Ministry of Finance, Government of India, New Delhi.

Whereas the Council of the Institute of Chartered Accountants of India has filed in this court its finding, dated the __________19 ___________,and the Report of the Disciplinary Committee, dated the ___________19 __________, in the above case.

Now take notice that the High Court will proceed to hear the said case and pass orders thereon on the day of __________19 __________, at 10 O’Clock in the forenoon when you may appear either in person or by an Advocate and make your submissions to the Court.

Given under my hand and the seal of the Court Dated this day of _______________19 _____________-

Deputy Registrar.

PART G THE COPYRIGHT RULES, 1959

In exercise of the powers conferred by section 73 of the Copy-right Act, 1957 (Act No. 14 of 1957), the Punjab High Court has made the following rules—

1. Short title.

These rules may be called the Copyright Rules, 1959.

2. Definitions.

In these rules unless there is anything repugnant in the subject for context—

                              (i)          ‘The Act’ means the Copyright Act, 1957 (No. 14 of 1957).

                             (ii)         ‘The High Court’ means the High Court for the State of Punjab at Chandigarh.

                            (iii)         ‘The Registrar’ means the Registrar of Copyright and includes the Deputy Registrar of Copyrights appointed under the Act;

                            (iv)        ‘Copyright Board’ means the Copyright Board appointed under the Act

                             (v)         ‘The Deputy Registrar (Judicial)’ means the Deputy Registrar (Judicial) for the High Court of Punjab at Chandigarh and includes the Assistant Registrar in the Circuit Court at Delhi.

3. Presentation of Appeals.

Subject to these rules, all appeals from a final decision or order of the Copyright Board shall be made to the High Court in accordance with the provisions of Chapter I, High Court Rules and Orders, Volume V.

4. Disposal of appeals.

Appeals under rule 3 shall be heard and disposed of by a Bench of two Judges.

5. Contents of appeals.

Every memorandum of appeal under section 72 of the Act shall be drawn up in the manner prescribed by Order XLI, Rule 1 of the Code of Civil Procedure, and shall be presented to the Deputy Registrar (Judicial) accompanied by a certified copy of the final decision or order appealed from.

6. Court fee.

Every Memo, of appeal under section 72 of the Act shall bear a court fee as provided in Art. 11 of Schedule II of the Indian Court Fees Act.

7. Register of appeal.

There shall be kept a separate register of appeals from a final decision or order of the Copyright Board.

8. Notice.

Notice of appeal shall be in the form prescribed for notice issued in Regular First Appeals, with suitable modification, so as to make it clear that it is an appeal from a final decision or order of the Copyright Board.

9. Contents of paper-book.

In all appeals admitted to a hearing printed record shall, unless special orders are given to the contrary, be prepared in accordance with the provisions of Chapter 2-A, High Court Rules and Orders, Volume V, which will apply mutatis mutandis save and except that the printed record shall be—

                              (i)          Petition of application before the Board.

                             (ii)         Written statement of petition of objection or reply as the case may be.

                            (iii)         Deposition of witnesses, if any.

                            (iv)        Copies of documents exhibited before the Board.

                             (v)         Copies of any documents rejected by the Board, where its rejection is a ground of appeal or cross objections.

                            (vi)        Copy of the final decision or order of the Copyright Board.

                            (vii)        Copies of all affidavits and records used by the Board under section 74 of the Act

                           (viii)       Such other document or documents as the Court may direct to be included.

                            (ix)        The grounds of appeal to the High Court in English.

                             (x)         The order of the Bench admitting the appeal.

10. 

The paper-book shall have an index. There shall be a printed paper-book, unless the Court otherwise directs.

11. Specifying documents to be printed.

The Deputy Registrar (Judicial) shall as soon as an appeal is admitted, request the Copyright Board to transmit the record of the case to the High Court. Where and in so far as the record consists of an entry in a register kept by the Registrar of Copyrights or the Copyright Board, only a certified copy shall be transmitted.

Upon receiving the record, the Deputy Registrar (Judicial) shall cause notice to be given to the appellant and respondents, or their counsel, if any, to specify within 30 days of the date of receipt of notice the documents mentioned in rule 9-A(V) above, which should be included in the printed record of the appeal. In default of their doing so, the printed record shall consist of the documents specified in Rule 9-A(i) to (iv), (vi) , (vii), (viii), (ix) and (x) only.

12. Taxation Costs.

Taxation of costs shall be as in Regular First Appeals in Civil cases.

13. Application of the Code of Civil Procedure and rules and forms of the Court.

In cases not provided for in the foregoing rules the provisions of the Code of Civil Procedure, 1908, and the Rules and Forms of High Court of Punjab at Chandigarh shall apply mutatis mutandis to all proceedings under the Act.

14. Table of fees applicable.

Process fees shall be charged according to the table of fees for the High Court given in Ch. 5-B, High Court Rules and Orders, Volume IV.

CHAPTER 7 H-Omitted

PART I Rules under Section 64 of The Estate Duty Act, 1953 (Act No. 34 of 1953)

Rules made by the High Court under section 64 of the Estate Duty Act, 1953 (Act No. 34 of 1953), published in Punjab Gazette, Part III, dated 24th January, 1958, as High Court notification No. 7-Misc/XVI.A. 114, dated the 11th January, 1958, and as amended by this Court notification No. 317-Misc/XVI.A. 114, dated the 5th November, 1959.

RULES

1. Short title and commencement.

These rules shall be called the Estate Duty Rules, 1957, and shall come into force from the date of their publication in the Punjab Gazette.

2. Definition.

In these rules, unless the context otherwise require,

(a)      “Act” means the Estate Duty Act, 1953, as amended from time to time;

(b)      “The Court” means the High Court for the State of Punjab;

(c)      “Registrar” means the Registrar of the High Court for the State of Punjab and includes the Deputy Registrar and Assistant Registrar, Circuit Bench at Delhi.

3. Registration of reference.

(a)      A reference under section 64(1) of the Act, stating a case for the opinion of the Court shall be registered as an Estate Duty reference.

(b)      Every case stated by the Board shall, as far as possible, be divided into para­graphs, numbered consecutively and shall set out the facts of the case, the determina­tion of the Board and the point of law arising therefrom as stated by the party in his application under section 64(1) of the Act and as framed by the Board.

4. Documents to accompany reference.

(a)      The Board shall, together with the reference, submit the following docu­ments:—

                              (i)          A copy of the order of the Controller;

                             (ii)         A copy of the memorandum of appeal to the Board;

                            (iii)         A copy of the order of the Board;

                            (iv)        Copies of such records as in the opinion of the Board may be necessary for the consideration of the reference.

(b)      The Board shall also submit ten printed copies of the reference and its enclo­sures.

5. Admission of the reference.

The Registrar shall admit the reference and cause notices to be served on the parties intimating the date of having of the case.

6. Application under section 64(2).

An application under section 64(2) of the Act for requiring the Board to state a case for the opinion of the High Court shall be registered as an Estate Duty Case. It shall be accompanied by two copies, one of which shall be a certified copy of each of the following documents:—

                              (i)          the order of the Controller;

                             (ii)         Memorandum of appeal to the Board;

                            (iii)         order of the Board under section 63(3) of the Act;

                            (iv)        application to the Board under section 64(1) of the Act;

                             (v)         - the order of the Board refusing to refer the case;

                            (vi)        any other papers or documents which the applicant considers necessary for the disposal of the applications provided that the documents mentioned in clauses (i) , (ii) and (iii) above shall not be necessary in a case falling under section 64(2)(b) of the Act.

7. Contents of the application.

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 Board.

8. Filing of certificate of the Board when application has not been withdrawn.

(a)      The applicant shall, along with the application file a certificate from the Board to the effect that he has not withdrawn his application for reference under section 64(1) before the Board.

(b)      Where no such certificate is filed, the applicant shall separately apply to the Court for exemption from filing a certificate.

9. Filing copies of documents accompanying application under section 64(2) of the Act.

The applicant shall, within three weeks of the date of admission of his application file ten printed copies of the documents mentioned in rule 6, for the preparation of paper books for the Judges and the parties unless the Court directs otherwise.

10. Failure to supply copies.

If the party fails to file the printed copies as required by rule 9 within the period prescribed, the case shall be laid before the court, and the Court may dismiss the case for non-prosecution.

11. Preparation of paper books.

If the Court orders in any case the preparation of paper books in office, the provi­sions of rule 12, Chapter 8(a) of the High Court Rules and Orders, Volume V, shall apply mutatis mutandis.

12. Motion bearing of applications.

An application under sub-section (2) of section 64 of the Act shall be laid in motion before the appropriate Bench, notice of which shall be given to the applicant or his counsel. The Court may either reject the application summarily or admit it.

13. Service of notice.

Service of notice contemplated in these rules shall be deemed sufficient, if made on counsel for the party.

14. Description of parties.

In references under section 64(1) of the Act and in applications under sub-section (2) of section 64 of the Act, the controller shall be shown as the petitioner or the respondent as the case may be.

15. Bench hearing the cases.

All matters, coming before the Court under section 64 of the Act shall be heard by a Division Bench of two Judges, unless the Chief Justice orders that any particular matter shall be heard by a larger Bench.

16. Judgment or order to be certified to the Board.

A copy of the judgment or order shall be sent to the Board under the seal of the Court and the signature of the Registrar.

17. 

Where in pursuance of an order made under section 64(2) of the Act, the Beard states the case for the opinion of the Court, the same procedure as is prescribed for reference under section 64(1) shall be followed but it shall not be necessary for the Board to submit along with the reference, the documents mentioned in rule 4(a).

PART J RULES FRAMED UNDER CLAUSE (E) OF SECTION 4 OF POWERS OF ATTORNEY ACT, 1882 (ACT NO. VII OF 1882) AND THE FEES TO BE TAKEN UNDER CLAUSES (A), (B) AND (C) OF THE SAID SECTION

1. Short title.

These rules shall be called ‘The Powers of Attorney’ Rules, 1969.

2. Presentation of petition to the Deputy Registrar (Judl.)

An application to deposit a power of Attorney shall be made by a petition signed by the applicant which shall be presented to the Deputy Registrar (Judicial) either by the petitioner in person or through an Advocate of the High Court.

3. Execution of powers of Attorney

The powers of Attorney, the execution whereof shall be verified in accordance with the provision of clause (a) of Section 4 of the Powers of Attorney Act, 1882, shall be annexed to such petition and will be received for deposit, in the High Court of Punjab and Haryana (hereinafter referred to the Court) being satisfied as to its due execution but the court may, before making an order for its deposit, require further evidence of such execution.

4. Receipt given on an order for deposit being made.

On an order passed under rule 3, the power of Attorney will be placed on the file of instruments deposited under the said Act and a receipt given for it.

5. Payment of fees.

The following fees shall be paid by means of court fee stamps under clauses (a), (b) and (c) of Selection 4 of the Powers of Attorney Act, 1882, namely:—

CHAPTER 8 PART A

Rules Framed by the High Court Regarding Appeals to the Supreme Court

Rules made by the High Court of Punjab and Haryana under article 7 of the High Court (Punjab) Order, 1947, read with Clause 27 of the letters patent constituting the Lahore High Court, and all other powers enabling it in this behalf, regarding appeals to the Supreme Court.

(A) Civil Appeals

1. Form and contents of petition for leave to appeal to the Supreme Court.

(a)      A petition for leave to appeal to the Supreme Court shall comply with the requirements of Rule 3(1), Order XLV of the Code of Civil Procedures:—

                              (i)          the name and address of each petitioner;

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

                            (iii)         the Court in which, and the name of the Judge or Judges by whom the decree, complained of, was made;

                            (iv)        the date when such decree was made;

                             (v)         the value of the subject-matter of the suit in the Court of the first instance;

                            (vi)        the value of the subject-matter in dispute in appeal; and

                            (vii)        the relief sought by such petition and shall be signed by the petition of by some Advocate or Vakil on the rolls of the Court on his behalf.

Explanation.— For purposes of clauses (v) and (vi) it shall be necessary to state how the value of the subject matter has been arrived at.

(b)      Every petition together with its enclosures, if any, shall be accompanied by three typed copies of the same for the use of the Court. The typed matter shall be in double spacing legible and on one side of the paper.

(c)      Time for an application for a certificate in a Civil case under article 132(1) or article 133(1) of the Constitution. An application for a certificate required in a Civil case under clause (1) of Article 132 or clause (1) of Article 133 of the Constitution shall be filed subject to the [provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (Act No. 36 of 1963) within 60 days from the date of the judgment or decree or final order of the High Court

(d)      Such application shall be treated as urgent

2. Notice to issue on the applications.

(a)      When a petition is made, the Deputy Registrar, shall, unless the petition is dismissed at the preliminary hearing, cause notice thereof to be given to the opposite party in accordance with Order XLV, Rule 3(2) of the Code of Civil Procedure. The notice shall be in form A appended,

(b)      The certificate, if granted by the Court, shall be in form B appended to these rules.

(c)      On receipt from the Supreme Court of the petition of appeal, the Deputy Regis­trar shall—

                              (i)          cause notice of the lodgement of the petition of appeal to be served on the respondent personally;

                             (ii)         unless otherwise ordered by the Supreme Court, transmit to the Supreme Court, at the expense of the appellant the original record of the case; and

                            (iii)         as soon as notice as aforesaid is served, to send a certificate in form C as the date or dates on which the said notice was served.

3. 

Where certificate has been given under clause (1) of article 13 or clause (1) of article 133 or under article 135 of the Constitution, the party concerned shall take positive steps in the Supreme Court for the filing and prosecution of the appeal as provided in the Supreme Court Rules, 1966.

4.    

(a)      Where the proceedings from which the appeal arises in the Supreme Court were had in the Courts below in a language other than English, the Deputy Registrar, shall, within three months or soon thereafter from the date of the service on the respon­dent of the notice of the petition of appeal, transmit to the Supreme Court in triplicate, a transcript in English of the record proper of the appeal, one copy of which will be duly authenticated. The provisions contained in rules 15 to 20 of the Supreme Court Rules of 1966 as reproduced in Chapter 8-B of Volume V shall apply to the preparation and transmission of such transcript record.

(b)      Where the record is directed by the Supreme Court to be prepared under the supervision of this Court, the Deputy Registrar shall proceed too complete the prepara­tion of the record in accordance with the provisions of Rules 15 to 25 of the Supreme Court Rules, 1966 reproduced in Chapter 8B of Volume V of the High Court Rules and Orders, and the rules contained in Schedule ‘A’.

5. Deposit for drawing up an estimate.

In case the record for the Supreme Court has to be prepared by the High Court, the Deputy Registrar, shall as soon as the index of the record is settled, require the appel­lant to deposit within a week a sum of Rs 16 for drawing up the estimate of the expense to be incurred for the preparation of the record in accordance with the rates prescribed in Schedule B provided that it shall be at the discretion of the Deputy Registrar to dispense with the estimate and to allow the petitioner to deposit such amount on account of expenses as may, under the circumstances of the case be reasonable.

6. Arrangement and index of printing record.

As soon as the transcript or printed record is complete, it shall be arranged, as far as possible, in chronological order, and a complete index of all papers, documents and exhibits in the cause, with a list showing those which have been omitted from the transcript or printed record shall be prepared under the orders of the Deputy Registrar within a period of one month.

7. Despatch of Record to the Supreme Court.

When the Record has been made ready, the Deputy Registrar shall—

                              (i)          at the expense of the appellant transmit to the Registrar of the Supreme Court such number of copies as the Supreme Court may direct, or in the absence of any special direction in this behalf 20 copies of such record, one of which copies he shall certify to be correct by signing his name on, or initialing every eighth page thereof and by affixing thereto the seal of the Court;

                             (ii)         give notice of the despatch of the record to the parties through the Senior Sub- Judge of the District concerned; and

                            (iii)         when the Senior Sub-Judge has intimated the service of notice on the parties, send to the Registrar, Supreme Court, a certificate in manuscript in (Form D appended to these rules) as to the date or dates on which the notice or notices under the preceding sub-clause (ii) was or were served.

8. Extension of period for completion of the record.

The periods prescribed in Rules 4 and 5 may for sufficient reasons be extended under orders of the Court

9. Duty of Deputy Registrar to take action if the appellant is not diligent.

If an appellant fails to take any interest in the appeal within the time fixed for the same under these rules, or if no time is specified it appears to Deputy Registrar that he is not prosecuting the appeal with due diligence the Deputy Registrar shall report the matter to the Supreme Court.

10. Order of a Single Judge sufficient.

For the purpose of these rules, where the orders of the Court are required, the order of one Judge shall be sufficient. Deputy Registrar may delegate his duties to the Assistant Registrar or other Officer of the Court.

11. 

The Deputy Registrar may, under the orders of the Court, delegate any of the duties which devolve upon him under these rules, to the Assistant Registrar or other Officer of the Court.

12. Mode of service of notice.

A notice which it is necessary to serve under these rules or under Order XLV of the Code of Civil Procedure, may be served in the manner provided by the Code of Civil Procedure for the service of notices, or upon an Advocate or Vakil who has appeared for the party to whom notice is to be given.

6. Appeal under Article 135 of the Constitution.

The aforesaid Rules shall apply mutatis mutandis to appeals under Article 135 of the Constitution.

 

(B) Criminal Appeals

1. Time for an application for a certificate under article 132(1) or for a certificate under article 134(l)(c) of the Constitution.

              (i)          An application for a certificate required in respect of a criminal procedure under Article 132(1) or for a certificate under Article 134(l)(c) of the Constitution shall be filed subject to the provisions of sections 4, 5 and 12 of the Indian Limitation Act, XXXVI of 1963 within 60 days from the date of judgment or order of the High Court

             (ii)         Every application under this rule presented by an Advocate shall be signed by him and he shall certify, that the grounds contained therein are good and sufficient grounds for a certificate and the case is a fit one for moving the Supreme Court

[15](iii) “Where the applicant has been sentenced to a term of imprisonment, the appli­cation shall state whether the applicant has surrendered. Where the applicant has not surrendered to the sentence, the application shall not be posted for hearing unless the Court, on a written application for the purpose, orders to the contrary. Where the application is accompanied by such an application both the applications shall be posted together before the Court.”

[16](iv) Such applications shall be treated as urgent.

2. Printing of record in Criminal Appeals.

The record of the appeal shall be printed in accordance with the rules contained in schedule A to these rules. The record shall be printed at the expense of the applicant unless otherwise ordered by the Supreme Court. In appeals involving sentence of death and in such other cases in which Supreme Court thinks fit to so direct, the record shall be printed at the expense of the Government.

3. Despatch of records in Criminal Appeals.

(1)     As soon as the record has been got ready, the Registrar of the Court shall despatch to the Registrar of the Supreme Court not less than fifteen copies, where the appeal raises a question as to the interpretation of the Constitution and not less than 10 copies in other cases.

(2)     In all cases involving a sentence of death, where a sufficient number of copies of the printed record of this Court are available, they shall be despatched to the Su­preme Court along with such additional records as may be necessary as soon as these are printed and where the record is to be printed afresh for the Supreme Court appeal the printed record shall be made ready and despatched to the Supreme Court within a period of sixty days after the receipt of the intimation from the Registrar of the Supreme Court of the filing of the petition of appeal, or of the order granting special leave to appeal.

4. 

As soon as the record is ready the Registrar of this Court shall give notice thereof to the parties to the appeal, and where the record is prepared under the supervi­sion of the Registrar of this Court, he shall after service of the notice, send to the Registrar to the Supreme Court a certificate as to the date or dates on which the notice has been served.

5. Rules applicable in Criminal appeals.

So far as may be the Rules in this Chapter relating to Civil Appeals shall, with the necessary modifications and adaptations, apply to Criminal Appeals.

6. List of pending appeals.

A list shall be maintained showing the numbers and dates of all pending Supreme Court Appeals in various stages of preparation and the Deputy Registrar shall examine every quarter all such appeals in arrears and call on appellant who may be responsible for the delay to show cause before the Court why the appeal should not be dismissed for want of prosecution.

7. 

In printing the record of Criminal Appeals, the procedure laid down in these rules for Civil Appeals shall be followed.

Forms A to C

SCHEDULE A

[referred to in rule 4(b)]

Rules as to Printing

I.         All records and other proceedings in Appeals or other matters pending before the Supreme Court of India which are required by the above Rules to be printed shall be printed in the form known as Demy Quarto on both sides of the paper with single spacing.

II.       The size of the paper used shall be such that the sheet, when folded and trimmed, will be about 11 inches in height and 81/2 inches the width.

III.     The type to be used in the text shall be pica type, but Long Primer shall be used in printing accounts, tabular matter and notes. Every tenth line shall be numbered in the margin.

IV.      Records shall be arranged in two parts in the same volume where practicable viz.—

Part I

The pleading and proceedings, the transcript of the evidence of the witnesses, the Judgments, decrees, etc., of the Courts below, down to the Order admitting the Appeal.

Part II

The exhibits and documents.

V.        The Index to Part I shall be in chronological order and shall be placed at the beginning of the Volume.

The Index to Part II shall follow the order of the exhibit mark, and shall be placed immediately after the Index to Part I.

VI.      Part I shall be arranged strictly in chronological order, i.e., in the same order as the Index.

Part II shall be arranged in the most convenient way for the use of the Supreme Court of India, as the circumstances of the case require. The documents shall be printed as far as suitable in chronological order, mixing Plaintiffs and Defendant’s documents together when necessary. Each document shall show its exhibits mark, and whether it is a Plaintiffs or Defendant’s documents (unless this is clear from the exhibit mark) and in all cases documents relating to the same matter, such as—

(a)      a series of correspondence, or

(b)      proceedings in a suit other than the one under appeal shall be kept together. The order in the Record of the documents in part II will probably be different from the order of the Index and the proper page number of each document shall be inserted in the (Printed Index).

The parties will be responsible for arranging the Record in proper order for the Supreme Court of India and in difficult cases Counsel may be asked to settle it.

VII.    The documents in Part I shall be numbered consecutively. The documents in Part II shall not be numbered, apart from the exhibit mark.

VIII.  Each document shall have a heading which shall consist of the number of exhibit mark and the description of the document in the Index, without the date.

IX.      Each document shall have a heading which shall be repeated at the top of each page over which the document extends viz.:—

Part I

(a)      Where the case has been before more than one Court,-the short name of the Court shall first appear, where the case has been before only one Court, the name of the Court need not appear.

(b)      The heading of the document shall then appear consisting of the number and the description of the document in the Index, with the date, except in the case of oral evidence.

(c)      In the case of oral evidence, “Plaintiffs evidence” or “Defendant’s evidence” shall appear next to the name of the Court and then the number in the Index and the witness’s name with “examination” “cross-examination”, or “re-examina­tion”, as the case may be.

SCHEDULE B

(referred to in rule 5)

Charges in respect of the matters provided for in the Supreme Court Appeal Rules:—

Notes—(a) Translation including the reading of the translated documents to Ex­aminers.

(b) The above charges are subject to alterations by Order of the Court.

Part II

The word “Exhibit” shall first appear and next to it the Exhibit mark and the description of the document in the index with the date.

Sufficient space shall be left after the heading to distinguish it from the rest of the matter printed on the page.

X.        The parties shall agree to the omission of formal and irrelevant documents, but the description of the document may appear (both in the Index and in the Record), if desired, with the words “not printed” against it

A long series of documents, such as accounts, rent rolls, inventories, etc., shall not be printed in full, unless counsel so advises, but the parties shall agree to short extracts being printed as specimens.

XI.      In cases where maps are of an inconvenient size or unsuitable in character, the Appellant shall, in agreement with the respondent, prepare maps drawn property to scale and of reasonable size showing as far as possible, the claims of the respective parties, in different colours.

PART B Supreme Court Rules

The following rules from the Supreme Court Rules, 1966, are reproduced for facility of reference.

Part II Appellate Jurisdiction

(A) Civil Appeals

Order XV

Appeals on certificate by High Court

1. 

Where a certificate of the nature referred to in clause (1) of article 132 or clause

(1)     of article 133 has been given under clause (1) of Article 132 or clause (1) of Article 133 has been given under Article 134-A of the Constitution oc a certificate has been give under Article 135 of the Constitution, or under any other provision of law, the party concerned shall file a petition of appeal in the Court[17].

2. 

Subject to the provisions of sections 4,5 and 12 of the Limitation Act, 1963 (36 of 1963) the petition of appeal shall be presented within sixty days from the date of the grant of the certificate of fitness:

[18]Provided that in computing the said period, the time requisite for obtaining a copy of the certificate and the order granting the said certificate, shall also be excluded,

3. 

(1)     The petition shall recite succinctly and in chronological order with rele- vant dates, the principal steps in the proceedings leading up to the appeal from the commencement thereof till the grant of the certificate of leave to appeal to the Court, and shall also state the amount or value of the subject-matter of the suit in the court of first instance and in the High Court, and the amount or value of the subject-matter in dispute before the Court with particulars showing how the said valuation has been arrived at. Where the appeal is incapable of valuation, it shall be so stated.

[19](2) The petition shall be accompanied by a certified copy of

                              (i)          judgment and decree or order appealed from;

                             (ii)         certificate granted by the High Court; and

                            (iii)         the order granting the said certificate.

In cases where according to the practice prevailing in the High Court, the decree or order is not required to be drawn up, it shall be so stated upon affidavit. In appeals falling under any of the categories enumerated in rule 5-A, however, in addition to the documents mentioned above, a certified copy (or uncertified copy if such copy is affirmed to be true copy upon affidavit) of the judgment or order and also of the decree of the Court immediately below or such a copy of the order of the Tribunal, Govern­ment authority or person, as the case may be shall also be filed before the appeal is listed for hearing ex parte. At least seven copies of the aforesaid documents shall be filed in the Registry.

(3)   Where at any time between the grant by the High Court of the Certificate for leave to appeal to the Court and the filing of the petition of appeal, any party to the proceeding in the Court below dies, the petition of appeal may be filed by or against the legal representative, as the case may be, of the deceased party, provided that the petition 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.

4. 

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

5. 

Where a party desires to appeal on grounds which can be raised only with the leave of the Court, it shall lodge along with the petition of appeal a separate petition stating the grounds so proposed to be raised and praying for leave to appeal on those grounds.

5A. 

Each of the following categories of appeals, on being registered, shall be put up for hearing ex parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such orders as the circumstances of the case may require, namely:—

(a)      an appeal from any judgment, decree or final order of a High Court summarily dismissing the appeal or the matter, as the case may be, before it[20];

[21](b)   Deleted.

[22](c) Deleted.

(d)   an appeal on a certificate granted by a High Court [23][under article 134A of the Constitution being a certificate of the nature referred to in clause (1) of article 132 or clause (1) of article 133 of the Constitution or] under any other provision of law if the High Court has not recorded the reasons or the grounds for granting the certificate.

[24](e) an appeal under clause (b) of sub-section (1) of section 19 of the Contempt of Courts Act, 1971 (70 of 1971).

[25]6 to 9. Deleted.

Appearance by Respondent

10. 

As soon as the 6[petition of appeal has been registered] ‘(and in the case of categories of appeals falling under the Rule 5-A as soon as notice is directed to be issued) the Registrar of the Court shall:—

                              (i)          require the appellant to furnish as many copies of the petition of appeal as may be necessary for record and for service on the respondent; and

                             (ii)         send to the Registrar of the Court appealed from a copy of the petition of appeal for record in that court and a copy for service upon the respondent or each respondent:

Provided that the Registrar of the Court may on an application made for the pur­pose, dispense with service of the petition of appeal on any respondent who did not appear in the proceedings in the Court appealed from or on his legal representative:

Provided however that no order dispensing with service of a notice shall be made in respect of a respondent who is a minor or a lunatic:

Provided further that an order dispensing with service of notice shall not preclude any respondent or his legal representative from appearing to contest the appeal.

11. 

On receipt from the Court of the copy of the petition of appeal, the Registrar of the Court appealed from shall:—

                              (i)          cause notice of the lodgment of the petition of appeal to be served on the respondent personally or in such manner as the court appealed from may by rules prescribe:

                             (ii)         unless otherwise ordered by the Court, transmit to the Court at the expense of the appellant the original record of the case, including the record of the Courts below:

Provided that where a transcript is to be prepared in accordance with the proviso to sub-rule (1) of rule 14, no original record shall be transmitted until specifically requisitioned; and

                            (iii)         as soon as notice as aforesaid is served, to send a certificate as to the date or dates on which the said notice was served.

12. 

A respondent shall enter appearance in the Court within thirty days of the service on him of the notice of lodgment of the petition of appeal.

13. 

The respondent may within the time limited for his appearance deliver to the

Registrar of the Court and to the appellant a notice in writing consenting to the appeal, and the Court may thereupon make such order on the appeal as the justice of the case may require without requiring the attendance of the person so consenting.

Preparation of Record

14.   

(1)     The record shall be printed in accordance with the rules contained in the First Schedule to these rules and, unless otherwise ordered by the Court, it shall be printed under the supervision of the Registrar of the Court:

Provided that where the proceedings from which the appeal arises were had in courts below in a language other than English, the Registrar of the Court appealed from shall within six months from the date of the service on the respondent of the notice of petition of appeal transmit to the Court in triplicate a transcript in English of the record proper of the appeal to be laid before the Court, one copy of which shall be duly authenticated. The provisions contained in rules 15 to 20 shall apply to the preparation and transmission to the Court of the said transcript record.

[26]Provided further that where the records are printed for the purpose of the appeal before the High Court and the said record be in English, the High Court shall prepare 10 extra copies in addition to the number of copies required by the High Court for use in the Court.

(2)     Upon receipt from the Court appealed from of the English transcript of the record as aforesaid, the Registrar of the Court shall proceed to cause an estimate of the costs of preparing the printed copies of the records to be made and served on the appellant in accordance with the provisions contained in rule 19 and, with all conven­ient speed, arrange for the preparation thereof.

(3)     Unless otherwise ordered by the Court, at least twenty copies of the record shall be prepared.

15. 

(1)     As soon as the original record of the case is received in the Court, the Registrar shall give notice to the parties who have entered appearance of the arrival of the original record and the parties shall, thereafter, be entitled to inspect the record and to extract all necessary particulars therefrom.

(2)     The appellant shall within four weeks of the service upon him of the notice referred to in sub-rule (1), file a list of the documents which he proposes to include in the paper book, a copy whereof shall be served on the respondent. The respondent may within three weeks of the service on him of the said list file a list of such additional documents as he considers necessary for the determination of the appeal.

16. 

After the expiry of the time fixed for the filing of the additional list by the respondent, the Registrar shall fix a day for the settlement of list of documents to be included in the appeal record and shall give notice thereof to the parties who have entered appearance. In settling the lists the Registrar, as well as the parties concerned, shall endeavour to exclude from the record all documents that are not relevant to the subject-matter of the appeal and generally to reduce the bulk of the record as far as practicable.

17. 

Where the respondent objects to the inclusion of a document on the ground that it is not necessary or is irrelevant and the appellant nevertheless insists upon its inclu­sion, the record as finally printed shall, with a view to subsequent adjustment of cost of and incidental to the printing of the said document, indicate in the index of papers or otherwise the fact that the respondent has objected to the inclusion of the document and that it has been included at the instance of the appellant

18. 

Where the appellant objects to the inclusion of a document on the ground that it is not necessary or is irrelevant and the respondent nevertheless insists upon its inclu­sion, the Registrar, if he is of opinion that the documerft is not relevant, may direct that the said document be printed separately at the expense of the respondent and require the respondent to deposit within such time as he may prescribe, the necessary charges therefor, and the question of the costs thereof shall be dealt with by the Court at the time of the determination of the appeal.

19. 

As soon as the index of the record is settled, the Registrar concerned shall cause an estimate of the costs of the preparation of the record to be prepared and served on the appellant and require him to deposit within thirty days of such service the said amount. The appellant may deposit the said amount in lump- um or in such instalments as the Registrar may prescribe.

20. 

Where the record has been printed for the purpose of the appeal before the High Court and sufficient number of copies (if it is in English) are available, no fresh printing of the record shall be necessary except of such additional papers as may be required[27].

21. 

Where an appeal paper book is likely to consist of two hundred or less number of pages, the Registrar may, instead of having it printed, have the record cyclostyled under his supervision.

22. 

If at any time during the preparation of the record the amount deposited is found insufficient, the Registrar shall call upon the appellant to deposit such further sum as may be necessary within such further time as may be deemed fit but not exceeding twenty-eight days in the aggregate.

23. 

Where the appellant fails to make the required deposit, the preparation of the record shall be suspended and the Registrar concerned shall not proceed with the preparation thereof without an order in this behalf of the Court and where the record is under preparation in the Court appealed from, of the Court appealed from.

24. 

When the record has been made ready the Registrar shall certify the same and give notice to the parties of the certificate of the record and append to the record a certificate showing the amount of expenses incurred by the party concerned for the preparation of the record.

25. 

Each party who has entered appearance shall be entitled to three copies of the record for his own use.

26. 

Subject to any special direction from the Court to the contrary, the costs of, and incidental to, the printing of the record shall form part of the costs of the appeal, but the costs of, and incidental to, the printing of any document objected to by one party in accordance with rule 18 or rule 19, shall, if such document is found, on taxation of costs to be unnecessary or irrelevant, be disallowed to, or bome by the party insisting on including the same in the record.

27. 

Where the record is directed to be prepared under the supervision of the Regis­trar of the Court appealed from, the provisions contained in rules 15 to 25 shall apply mutatis mutandis to the preparation thereof.

Special Case

28. 

Where the decision of the appeal is likely to turn exclusively on a question of law, any party, with the sanction of the Registrar of the Court, may submit such question of law in the form of a special case, and the Registrar may call the parties before him, and having heard them and examined the record, may report to the Court as to the nature of the proceedings and the record that may be necessary for the discussion of the same. Upon perusing the said report, the Court may give such directions as to the preparation of the record and hearing of the appeal including directions regarding the time within which or otherwise, the parties shall lodge their respective statements of case:

Provided that nothing herein contained shall in any way prevent this Court from ordering the full discussion of the whole case if the Court shall so think fit.

Withdrawal of Appeal

29. 

Where at any stage prior to the hearing of the appeal an appellant desires to withdraw his appeal; he shall present a petition to that effect to the Court. At the hearing of any such petition a respondent who has entered appearance may apply to the Court for his costs.

Non-Prosecution of Appeals—Change of Parties

30. 

If an appellant fails to take any steps in the appeal within the time fixed for the same under these rules, or if no time is specified, it appears to the Registrar of the Court that he is not prosecuting the appeal with due diligence, the Registrar shall call upon him to explain his default and, if no explanation is offered, or if the explanation offered appears to the Registrar to be insufficient, the Registrar may issue a summons calling upon him to show cause before the Court why the appeal should not be dismissed for non-prosecution.

31. 

The Registrar shall send a copy of the summons mentioned in the last specified rule to every respondent who has entered appearance. The Court may, after hearing the parties, dismiss the appeal for non-prosecution or give such other directions thereon as the justice of the case may require.

32. 

Where at any time between the filing of the petition of appeal and the hearing of the appeal, the record becomes defective by reason of the death or change of status of a party to the appeal, or for any other reason, an application shall be made to the Court, stating who is the proper person to be substituted or entered on the record in place of, or in addition to the party on record.

33. 

Upon the filing of such an applications the Registrar of the Court shall, after notice to the parties concerned, determine who in his opinion is the proper person to be substituted or entered on the record in place of, or in addition to the party on record, and the name of such person shall thereupon be substituted or entered on the record:

Provided that no such order of substitution or revivor shall be made by the Regis­trar—

                                              (i)          Where a question arises as to whether any person is or is not the legal represen­tative of the deceased party, or

                                             (ii)         where a question of setting aside theabatement of the cause is involved; in such a case he shall place the matter before the Court for orders:

Provided further that where during the course of the proceedings it appears to the Registrar that it would be convenient for the enquiry that investigation in regard to the person who is to be substituted on record, be made by the Court appealed from or a Court subordinate thereto, the Registrar may place the matter before the Judge in Chambers and the Judge in Chambers may thereupon make an order directing the Court appealed from to investigate into the matter either itself or cause an enquiry to be made by a Court subordinate to it, after notice to the parties, and submit its report thereon to this Court within such time as may be fixed by the Order. On receipt of the report from the Court below the matter shall be posted before the Judge in Chambers again for appropriate orders.

34. 

Save as aforesaid the provisions of Order XXII of the Code relating to abate­ment shall apply mutatis mutandis to appeals and proceedings before the Court.

35.[28]

36.[29]

37.[30]

38. 

A respondent who has not entered appearance shall not be entitled to receive any notice relating to the appeal from the Registrar of the Court

39. 

The appeal shall be set down for hearing one month after the [31][authentication of the record.]

40. 

Within two weeks of the receipt of the notice setting down the appeal for hearing, the appellant shall attend at the Registry and obtain eight copies of the record to be bound in cloth or in one-fourth leather with paper sides, and six leaves of blank paper shall be kept for the use of the Court. The front cover shall bear a printed label stating the title and Supreme Court number of the appeal, the contents of the Volume and the name and address of the advocates-on-record. The several documents, indicated by inducts, shall be arranged in the following order:—

(1)     Record (if in more than one Part, showing the separate Parts by inducts, all Parts being paged at the top of the page);

(2)     Supplemental Record (if any) and the short title and Supreme Court num­ber of appeal shall also be shown on the back[32].

41. 

The appellant shall lodge the bound copies not less than ten clear days before the date fixed for the hearing of the Appeal.

42. 

(1)     Where the appellant is not represented by an Advocate of his choice, the Court may in a proper case, direct the engagement of an Advocate aminus curiae at the cost of the State. The fee of the Advocate so engaged shal be a lump sum not exceeding Rs. 500 as may be fixed by the Bench hearing the case, and in an appropriate case, the Bench hearing the case, may for the reasons to be recorded in writing sanction payment of a lump sum not exceeding Rs. 750 to the said Advocate.

(2)     After the hearing of the appeal, the Registrar or the Deputy Registrar shall issue to the Advocate amicus curiae a certificate in the prescribed form indicating therein the name of the Advocate engaged at the cost of the State and the amount of fees payable to the said Advocate.

(3)     The State concerned shall pay the fees specified in the certificate issued under sub-rule (2) to the Advocate named therein within three months from the date of his presenting before it his claim for the fees supported by the certificate. If the fees are not paid within the above said period, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954.

Explanation.— For the purposes of this Rule, the term “State” shall include a Union Territory[33].

Order XVI

Appeals by Special Leave

1. 

Where leave to appeal to the Court was refused in a case by the High Court, a petition for special leave to appeal to the Court, shall, subject to the provisions of sections 4,5,12 and 14 of the Limitation Act, 1963 (36 of 1963) be lodged in the Court within sixty days from the date of the order of refusal and in any other case within ninety days from the date of the judgment or order sought to be appealed from:

Provided that where an application for leave to appeal to the High Court from the judgment of a single judge of that Court has been made and refused, in computing the period of limitation in that case under this rule, the period from the making of that application and the rejection thereof shall also be excluded.

Explanation.— For purposes of this rule the expression ‘order of resual’ means the order refusing to [34][grant the certificate under article 134A of the Constitution being a certificate of the nature] referred to in article 132 or article 133 of the Constitution on merits and shall not include an order rejecting the application on the ground of limita­tion or on the ground that such an application is not, maintainable.

2. 

Where the period of limitation is claimed from the date of the refusal ‘[a certificate under article 134A of the Constitution, being a certificate of the nature referred to in article 132 or article 133 of the Constitution], it shall not be necessary to file the order refusing the certificate, but the petition for special leave shall be accom­panied by an affidavit stating the date of the judgment sought to be appealed from, the date on which the application for a certificate of fitness to appeal to the Court was made to the High Court, the date of the order refusing the certificate, and the ground or grounds on which the certificate was refused and in particular whether the application for the certificate was dismissed as being out of time.

3. 

Omitted[35].

4. 

(1)     The petition shall state succinctly and clearly all such facts as may be necessary to enable the Court to determine whether special leave to appeal ought to be granted and shall be signed by the advocate on record for the petitioner unless the petitioner appears in person. The petition shall also state whether the petitioner has moved the High Court concerned for leave to appeal against its decision, and if so, with what result[36].

[37](2) No petition shall be entertained by the Registry unless it contains a statement as to whether the petitioner had filed any petition for special leave to appeal against the impugned judgment or order earlier and if so, with what result, duly supported by an affidavit of the petitioner or his Pairokar only.

(3)   The Court shall, if it finds that the petitioner has not disclosed the fact of filing a similar petition earlier and its dismissal by this Court, dismiss the second petition if it is pending or, if special leave has already been granted therein, revoke the same.

[38](4) The petition shall also contain a statement as to whether the matter was con­tested in the Court appealed from and if so, the full name and address of all the contesting parties shall be given in the statement of facts in the petition.

5. 

The petition shall be accompanied by—

                              (i)          a certified copy of the judgment and order appealed from; and

                             (ii)         an affidavit in support of the statement of facts contained in the petition.

6. 

No annexures to the petition shall be accepted unless such annexures are certi­fied copies of documents which have formed part of the record of the case in the Court sought to be appealed from; provided that uncertified copies of documents may be accepted as annexures if such copies are affirmed to be true copies upon affidavit

7. 

The petitioner shall file at least seven spare sets of the petition and of the accompanying papers.

8. 

Where any person is sought to be impleaded in the petition as the legal repre­sentative of any party to the proceedings in the Court below, the petition shall contain a prayer for bringing on record such person as the legal representative and shall be supported by an affidavit setting out the facts showing him to be the proper person to be entered on the record as such legal representative.

9. 

Where at any time between the filing of the petition for special leave to appeal and the hearing thereof the record becomes defective by reason of the death or change of status of a party to the appeal or for any other reason, an application shall be made to the Court stating who is the proper person to be substituted or entered on the record in place of or in addition to the party on record. Provisions contained in rule 33 of Order XV shall apply to the hearing of such application

10.    

(1)     Unless a caveat as prescribed by one 2 of Order XVIII has been lodged by the other parties who appeared in the Court below, petitions for grant of special leave shall be put up for hearing ex parte, but the Court, if it thinks fit, may direct issue of notice to the respondent and adjourn the hearing of the petition:

Provided that where a petition for special leave has been filed beyond the period of limitation prescribed therefor and is accompanied by an application of delay, the Court shall not condone the delay without notice to the respondent

(2)     A caveator shall not be entitled to costs of the petition, unless the Court other­wise orders.

Where a caveat has been lodged as aforesaid, notice of the hearing of the petition shall be given to the caveator; but a caveator shall not be entitled to costs of the peti­tion, unless the Court otherwise orders.

[39](3) Notwithstanding anything contained in sub-rules (1) and (2) above, the Respon­dents who contested the matter in the Court appealed from shall be informed about the decision on the petition after it is heard ex parte, if the petition stands dismissed.

10-A. 

(1)     Where the petitioner is not represented by an Advocate of his choice, the Court may in a proper case direct the engagement of an Advocate amicus curiae at the cost of the State. The fees of the Advocate so engaged shall be Rs. 250 upto the admission stage and a lump sum not exceeding Rs. 500 for the hearing of the appeal arising therefrom as may be fixed by the Bench hearing the appeal, and in an appropri­ate case the Bench hearing the case may, for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 750 to the said Advocate[40].

(2)     After the hearaing of the petition or the appeal, as the case may be, is over, the Registrar or the Deputy Registrar shall issue to the Advocate amicus curiae a certificate in the prescribed form, indicating therein the name of the said Advocate engaged at the cost of the State, and the amount of fees payable to the said Advocate.

(3)     The State concerned shall pay the fees specified in the certificate issued under sub-rule (2) to the Advocate named therein within three months from the date of his presenting before it his claim for the fees supported by the certificate. If the fees are not paid within the period abovesaid, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an Order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954.

Explanation.— For the purpose of this rule, the term “State” shall include a Union Territory.”

11. 

On the grant of special leave, the petition for special leave shall, subject to the payment of additional court fee, if any, be treated as the petition of appeal and it shall be registered and numbered as such. The provisions contained in Order XV shall, with necessary modifications and adaptations, be applicable to appeals by special leave and further steps in the appeal shall be taken in accordance with the provisions therefor.

11-A. 

The record of the appeal arising out of the petition for special leave shall normally concist of the petition of appeal and the paper book of the court below, if available, plus such additional documents that the parties may file from the record of the case, if the printed record of the court below be not available. In that event, no fresh printing of the record shall be necessary, and the original record will be called for from the court below for reference of the Court.

Provided however, that where in a particular case the Court feels that fresh printing of record is necessary, a specific order to that effect shall be made by the Court at the time of granting special leave to appeal, the provisions contained in Order XV relating to preparation of record shall with necessary modification and adaptation only[41].

12. 

While granting special leave in all matters in which the Bench granting special leave is of the opinion that the matter is capable of being disposed of within a short time, say within an hour or two, it will indicate accordingly. The office shall maintain a separate register of such matters to enable the Chief Justice to constitute a Bench for the disposal of such matters[42].

Order XVII

[43]Appeals and Applications by Indigent Peson

1. 

An application for leave to proceed as [44][an indigent person] shall be made on a petition. It shall be accompanied by:—

(a)      a copy of the petition of appeal and the documents referred to in rule 3 of Order XV, or of the petition for special leave and the documents mentioned in rule 5 of Order XVI, as the case may be, and

(b)      an affidavit from the petitioner disclosing all the property to which he is en­titled and the value thereof other than his necessary wearing apparel and his interest in the subject-matter of the intended appeal and stating that he is unable to provide security or surety for the cost of the respondent and pay Court fees.

2. 

The Registrar shall, on satisfying himself that the petition is in order, direct that the petition shall be filed and set down for hearing before the Chamber Judge on a date to be fixed for the purpose.

3. 

The application shall be posted before the Judge in Chambers who may himself inquire into the [45][indigency] of the petitioner after notice to the other parties in the case and to the Attorney-General, or make an order directing the High Court either by itself or by a Court subordinate to the High Court, to investigate the [46][indigency] after notice to the parties interested and submit a report thereon within such time as may be fixed by the order. On receipt of the report, the petition shall again be posted before the Judge in Chambers for further orders:

Provided that if the applicant was allowed to sue or appeal as [47][an indigent person] in the court from whose decree the appeal is preferred, no further inquiry in respect of his [48][indigency] shall be necessary, unless this Court sees cause to direct such inquiry.

4. 

In granting or refusing leave to appeal as [49][an indigent person] the Court shall ordinarily follow the principles set out in sub-rule (2) of rule 1 of Order XLIV of the Code.

5. 

Where a petitioner obtains leave of the Court to appeal as [50][an indigent person] he shall not be required to pay Court-fees [51][on the documents filed in the case or fees payable for service of process. He shall, however, be required to pay fees for obtaining copies of any documents or orders].

6. 

The Judge in Chambers may assign an advocate on record to assist as [52][an indigent person] in the case, unless the [53][indigent person] has made his own arrange­ment for his representation. Such assignment shall ordinarily be from a panel of advo­cates willing to assist [54][indigent persons] and chosen by the Judge in Chambers. It shall however, be open to the Judge in Chambers in his discretion to assign an advocate outside the panel in any particular case.

7.    

(a)      No fees shall be payable by [55][an indigent person] to his advocate, nor shall any such fees be allowed on taxation against the other party except by an order of Court. The advocate may however, receive from the [56][indigent person] money for out of pocket expenses, if any, properly incurred in the case.

(b)      It shall be open to the Court, if it thinks fit, to award costs against the adverse party or out of the property decreed to [57][an indigent person] and to direct payment of such costs to the advocate for the [58][indigent person],

(c)      Save as aforesaid, no person shall take or agree to take or seek to obtain from [59][an indigent person] any fee, profit or reward for the conduct of his case, and any person who takes, agrees to take or seeks to obtain, any such fee, profit or reward, shall be guilty of contempt of Court.

(d)      Soon, after [60][an appeal by an indigent person] has been heard and disposed of, the advocate for the [61][indigent person] shall file in the Registry a statement of account showing what monies, if any, were received by him in the case on any account from the [62][indigent person] or from any person on his behalf and the expenditure incurred. If no monies had been received, a statement shall be filed to that effect. The Taxing Officer may, where he thinks it necessary, place the statement filed before the Judge in Cham­bers for his perusal and orders.

8. 

Where the appellant succeeds in the appeal, the Registrar shall calculate the amount of court-fees which would have been paid by the appellant if he had not been permitted to appeal as [63][an indigent person] and incorporate it in the decree or order of the Court; such amount shall be recoverable by the Government of India from any party ordered by the Court to pay the same, and shall be the first charge on the subject-matter of the appeal.

9. 

Where the appellant fails in the appeal or [64][the permission granted to him to sue as an indigent person has been withdrawn], the Court may order the appellant to pay the court-fees which would have been paid by him if he had not been permitted to appeal as [65][an indigent person].

10. 

The Central Government shall have the right at any time to apply to the Court to make an order for the payment of court-fees under rule 8 or rule 9.

11. 

All matters arising between the Central Government and any party to the appeal under the three preceding rules shall be deemed to be questions arising between the parties to the appeal.

12. 

In every [66][appeal by an indigent person] the Registrar shall, after the disposal thereof, send to the Attorney-General for India a memorandum of the court-fees pay­able by the 'indigent person.

13. 

No appeal or other proceeding begun, carried on or defended by [67][an indigent person] shall be compromised or discontinued without the leave of the Court

Order XVIII

Petitions Generally

1. 

Every petition shall consist of paragraphs numbered consecutively and shall be fairly and legibly written, type-written lithographed or printed on one side of standard petition paper, demy foolscap size, or of the size of 29.7 c.m. X 21 c.m., or on paper ordinarily used in High Courts for transcribing petitions, with quarter margin, and endorsed with the name of the Court appealed from, the full title and Supreme Court number of the appeal or matter to which the petition relates and the name and address of the advocate on record of the petitioner or of the petitioner where the petitioner appears in person. The petitioner shall file along with his petition such number of copies thereof as may be required for the use of the Court

2. 

Where a petition is expected to be lodged, or has been lodged, which does not relate to any pending appeal of which the record has been registered in the Registry of the Court, any person claiming a right to appear before the Court on the hearing of such petition may lodge a caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar notice of the lodging of the petition, if at the time of the lodging of the caveat such petition has not yet been lodged and, if and when the petition has been lodged, to require the petitioner to serve him with copy of the petition and to furnish him, at his own jexpense, with copies of any papers lodged by the petitioner in support of his petition. The caveator shall forthwith, after lodging his caveat, give notice thereof to the petitioner, if the petition has been lodged.

3. 

Where a petition is lodged in the matter of any pending appeal of which the record has been registered in the Registry of the Court, the petitioner shall serve any party who has entered an appearance in the appeal, with a copy of such petition and the party so served shall thereupon be entitled to require the petitioner to furnish him at his own expense, with copies of any papers lodged by the petitioner in support of his petition.

4. 

A petition other than memorandum of appeal containing allegations of fact which cannot be verified by reference to the record in the Court shall be supported by an affidavit

5. 

The Registrar may refuse to receive a petition other than a petition under article 32 of the Constitution on the ground that it discloses no reasonable cause or is frivolous, or contains scandalous matter but the petitioner may appeal, by way of motion, from such refusal to the Court

6. 

As soon as all necessary documents are lodged, the petition shall be set down for hearing.

7. 

Subject to the provisions of rule 8, the Registrar shall, as soon as the Court has appointed a day for the hearing of a petition, notify the day appointed on the notice- board of the Court

8. 

Where the prayer of a petition is consented to in writing by the opposite party, or where a petition is of a formal and non-contentious character, the Court may, if it thinks fit, make art order thereon, without requiring the attendance of the parties, but the Registrar shall, with all convenient speed, after the Court has made its order, notify the parties that the order has been made and of the date and nature of such order.

9. 

A petitioner who desires to withdraw his petition shall give notice in writing to that effect to the Registrar. Where the petition is opposed the opponent shall, subject to any agreement between the parties to the contrary, be entitled to apply to the Court for his costs, but where the petition is unopposed, or where, in the case of an opposed petition, the parties have come to an agreement as to the costs of the petition, the petition may, if the Court thinks fit, be disposed of in the same way mutatis mutandis as a consent petition under the provisions of rule 8.

10. 

Where a petitioner unduly delays the bringing of a petition to a hearing, the Registrar shall call upon him to explain the delay, and if no explanation is offered, or if the explanation offered is, in the opinion of the Registrar, insufficient, the Registrar may, after notifying all parties, who have entered appearance, place the petition before the Court for such directions as the Court may think fit to give thereon.

10-A. 

(1)     Where the petitioner is not represented by an Advocate of his choice in any petition including a writ petition, civil or criminal, or any other1 cause, the court may in a proper case, direct the engagement of an Advocate amicus curiae at the cost of the State. The fee of the Advocate so engaged shall be Rs. 250 upto the admission stage and a lump sum not exceeding Rs. 500 for the final hearing of the case as may be fixed by the Bench hearing the case, and in an appropriate case, the Bench hearing the case may, for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 750 to the said Advocate[68].

(2)     After the hearing of the petition is over the Registrar or Deputy Registrar shall issue to the Advocate amicus curiae a certificate in the prescribed form, indicating therein, the name of the advocate engaged at the cost of the State, and the amount of fees payable to the said Advocate.

(3)     The State concerned shall pay the fees specified in the certificate issued under sub-rule (2) to the Advocate named therein within three months from the date of his presenting before it his claim for the fees supported by the certificate. If the fees are not paid within the period abovesaid, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an Order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954.

Explanation. For the purposes of this rule the term “State” shall include a Union Territory.”

11. 

At the hearing of a petition not more than one advocate shall be heard on one side.

Order XIX

Hearing of appeals

1. 

Subject to the directions of the Court, at the hearing of an appeal not more than two advocates shall be heard on one side.

2. 

Deleted[69].

3. 

Where the Court, after hearing an appeal, decides to reserve its judgment thereon, the Registrar shall notify the parties through their advocates on record of the day appointed by the Court for the delivery of the judgment

4. 

(a)      An appellant, whose appeal has been dismissed for default of appearance may, within thirty days of the order, present a petition praying that the appeal may be restored and the Court may, after giving notice of such application to the respondent who has entered appearance in the appeal, restore the appeal if good and sufficient cause is shown putting the appellant on terms as to costs or otherwise as it thinks fit, or pass such other as the circumstances of the case and the ends of the justice may require.

(b)      Where an appeal is heard ex-parte and judgment is pronounced against the respondent, he may apply to the Court to re-hear the appeal, and if he satisfies the Court that the appeal was set down ex-parte against him without notice to him or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing the Court, may re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.

Order XX

Miscellaneous

1. 

The filing of an appeal shall not prevent execution of the decree or order appealed against but the Court may, subject to such terms and conditions as it may think fit to impose, order a stay of execution of the decree or order, or order a stay of proceedings, in any case under appeal to the Court

2. 

A party to an appeal who appears in person shall furnish the Registrar with an address for service and all documents left at that address, or sent by registered post to that address, shall be deemed to have been duly served.

3. 

In cases where the intervention is allowed by the Court the intervener or interveners may file written submissions prior to the hearing of the matter but shall not be entitled to address any oral arguments, unless otherwise directed by the Court[70]

Order XX-A[71]

Appeals unde Section 55 of the

Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969)

1. 

The petition of appeal shall recite succinctly and clearly all the relevant facts leading up to the order appealed from, and shall set forth in brief the objections to the order appealed from and the grounds relied on in support of the appeal. The petition shall also state the date of the order applealed from as well as the date on which it was received by the appellant

2. 

The petition of appeal shall be accompanied by:—

                              (i)          an authenticated copy of the order appealed from, and

                             (ii)         at least seven spare sets of the petition and the papers filed with it.

3. 

After the appeal is registered, it shall be put up for hearing ex parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties, or may make such orders as the circumstances of the case may require.

4. 

Within ten days of the receipts by it of the notice the Central Government or the Commission, as the case may be, shall transmit to the Court the entire original record relating to the order appealed from.

Preparation of Record

5. 

After the receipt of the original record, the Registrar shall, with all convenient speed in consultation with the parties to the appeal, select the documents necessary and relevant for determining the appeal and cause sufficient number of copies of the said record to be typed or cyclostyled [(if it is less than 100 pages)] or printed at the expense of the appellant[72].

6.     

(1)     The record of the appeal shall be printed in accordance with theh rules contained in the First Schedule to these rules.

(2)     Save as otherwise provided by the rules contained in this Order the provisions of Order XV relating to the printing and preparation of record in civil appeals shall, as far as may be, apply to the printing and preparation of records in appeals under the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969).

Order XX-B[73]

Appeals under Clause (b) of Section 130E of the Customs Act, 1962 (52 of 1962) and Section 35L of the Central Excise and Salt Act, 1944 (1 of 1944)

1. 

The petition of appeal shall, subject to the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963) be presented within sixty days from the date of the order sought to be appealed against or within sixty days from the date on which the order sought to be appealed against is communicated to the appellant, whichever is later:

Provided that in computing the said period, the time requisite for obtaining a copy of such order shall be excluded.

2. 

Rules 1 to 7 of Order XX-A of the rules relating to appeals under section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) shall, with necessary modifications and adaptations, apply to appeals under this order.

1"Order XX-C

Appeals under Section 4 of the Terrorist Affected Areas (Special Courts) Act, 1984"

(1)     The Petition of Appeal shall, subject to the provisions of sections 4,5 §nd 12 of the Limitation Act, 1963 (36 of 1963) be presented within a period of thirty days from the date of judgment, sentence or order appealed from:

Provided that in computing the said period, the time requisite for obtaining a copy of the said judgment, sentence or order, shall be excluded:

Provided further that the Supreme Court may extertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the period of thirty days.

(2)     The petition of appeal shall be registered and numbered as soon as it is found to be in order and the Registry shall immediately thereafter issue notice of lodgment of petition of appeal to the respondents with a copy to the Standing Counsel of the State concerned.

(3)     The notice of lodgment of petition of appeal shall specify the date fixed for hearing the appeal which shall be two weeks from the date of lodgment of the petition of appeal.

(4)     The Registry shall, immediately on the issue of the notice of lodgment of petition of appeal, ask the Special Court concerned to transmit to this Court within ten days the entire original record relating to the appeal.

(5)     The appeal shall be listed before the Court for final hearing at the top of the daily list on the date fixed irrespective of whether the State has entered appearance or not and whether the record has been received or not from the Special Court concerned.

(6)     The appeal shall be heard on the paper books filed by the counsel. The original records shall be placed before the Court at the hearing of the appeal.

(7)     Save as otherwise provided by the rules contained in this Order, the provisions of Order XXI relating to Criminal Appeals shall, as far as may be, apply to appeals filed under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984.

[74]Order XX-D

Appeals under Section 16 of the Terrorist and Disruptive Activities (Prevention) Act, 1985

1. 

The Petition of Appeal shall, subject to the provisions of Sections 4,5 and 12 of the Limitation Act, 1963 (36 of 1963) be presented within a period of thirty days from the date of the judgment, sentence or order appealed from:

Provided that in computing the said period, the time requisite for obtaining a copy of the said judgment, sentence or order, shall be excluded:

Provided further that the Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the period of thirty days.

2. 

The Petition of appeal shall be registered and numbered as soon as it is found to be in order and the Registrar shall immediately thereafter issue the notice of lodgment of the petition of appeal to the respondents with a copy to the Standing Counsel for the States concerned.

3. 

The notice of lodgment of petition of appeal shall specify the date fixed for the hearing of the appeal which shall be two weeks from the date of lodgment of the petition of appeal.

4. 

The Registrar shall, immediately on the issue of the notice of lodgment of petition of appeal, ask the Designated Court concerned to transmit to this Court within ten days the entire original record relating to the appeal.

5. 

The Paper Books shall be prepared by the State concerned and filed within thirty days from the settlement of index and the appeal shall be heard on the paper books filed by the State Government The original record shall be placed before the Court at the hearing of the appeal.

6. 

The appeal shall be listed before the Court for final hearing at the top of the daily list on the date fixed irrespective of whether the State has entered appearance or not and whether the record has been received or not from the Designated Court con­cerned.

7. 

Save as otherwise provided by the rules contained in this Order, the provisions of Order XXI relating to the Criminal Appeals shall, as far as may be, apply to the ippeals filed under this Order.

8. 

The Court shall hear and dispose of, under section 17(3) of the Act, read with he provisions of Sections 366 to 371 and 392 of the Code of Criminal Procedure, 1973 case submitted by a Designated Court for confirmation of the sentence of death warded by such Designated Court.”

[75]"Order XX-E

Appeals under Section 17 of the Terrorist and Disruptive Activities (Prevention) Act, 1987

1. 

Rules 1 to 7 of the Order XX-D of the Rules, relating to the appeals under the srrorist and Disruptive Activities (Prevention) Act, 1985, shall with the necessary odifications and adaptations, apply to the appeals under this Order.

2. 

The Court shall hear and dispose of, under Section 18(6) of the Terrorist and isruptive Activities (Prevention) Act, 1985 read with the provisions of Sections 366 to 1 and 392 of the Code of Criminal Procedure, 1973 a case submitted by a designated urt for confirmation of the sentence of death awarded by such Designated Court.

(B) Criminal Appeals

Order XXI

Special Leave Petitions in Criminal Proceedings and Criminal Appeals Special Leave Petitions

1.

(1)     Where leave to appeal to the Court was refused in a case by the High Court, a petition for special leave to appeal shall, subject to the provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963 (36 of 1963), be lodged in the Court within sixty days from the date of order of refusal and [76][in any other case not involving sentence of death, within ninety days from the date of judgment or order sought to be appealed from and in a case involving sentence of death within sixty days from the date of judgment or order sought to be appealed from]:

Provided further that where an application for leave to appeal to the High Court from the judgment of a single Judge of that court has been made and refused, in computing the period of limitation in that case under this rule, the period from the making of that application and the rejection thereof shall also be excluded.

Explanation. — For purposes of this rule the expression ‘order of refusal’ means an order refusing to grant [77][the certificate under article 134A of the Constitution, being a certificate of the nature] referred to in article 132 or article 134, as the case may be, of the Constitution on merits and shall not include an order rejecting the application on the ground of limitation or on the ground that such an application is not maintainable.

(2)     Where the period of limitation is claimed from the date of refusal of a certifi­cate, it shall not be necessary to file the order refusing a certificate, but the petition for special leave shall be accompanied by an affidavit stating the date of the judgment sought to be appealed from, the date on which the application for a certificate was made to the High Court, the date of the order refusing the certificate and the ground or grounds on which the certificate was refused and in particular whether the application for a certificate was dismissed as being out of time.

2.

Omitted[78].

3.

 [79](1) The petition shall state succinctly and clearly all such facts as may be necessary to enable the Court to determine whether special leave to appeal ought to be granted and shall be signed by the advocate on record for the petitioner unless the petitioner appears in person. The petition shall also state whether the petitioner has moved the High Court concerned for leave to appeal against its decision, and if so, with what result.

(2)   No petition shall be entertained by the Registry unless it contains a statement as to whether the petitioner had filed any petition for special leave to appeal against the impugned judgment or order earlier, and if so, with what result, duly supported by an affidavit of the petitioner or his Pairokar only.

(3)   The Court shall, if it finds that the petitioner has not disclosed the fact of filing a similar petition earlier and its dismissal by this Court, dismiss the seond petition if it is pending or if special leave has already been granted therein, revoke the same.

4. 

The petition shall be accompanied by:

(1)     a certified copy of the judgment and order appealed from; and

(2)     an affidavit in support of the statement of facts contained in the petition.

5. 

(1)     No annexures to the petition shall be accepted unless such annexures are certified copies of documents which have formed part of the record in the court or tribunal sought to be appealed from, provided that uncertified copies of documents may be accepted as annexures if such copies are affirmed to be true copies upon affidavit.

(2)     The High Court or the tribunal concerned shall, on application by a petitioner intending to apply for special leave, grant him free of cost a certified copy of the judgment or order sought to be appealed from.

6. 

Where the petitioner has been sentenced to a term of imprisonment, the petition shall state whether the petitioner has surrendered. Where the petitioner has not surren­dered to the sentence, the petition shall not be posted for hearing unless the Court, on a written application for the purpose, orders to the contrary. [80]"Where the petition is ac­companied by an application for exemption from surrendering, that application shall be posted for hearing, orders before the Court in the first instance.”

7. 

Unless a caveat as prescribed by rule 2 of Order XVIII has been lodged by the other parties who appeared in the court below, petitions for grant of special leave shall be put up for hearing ex-parte, but the Court, if it thinks fit, may direct issue of notice to the respondent and adjourn the hearing of the petition.

8. 

(1)     If the petitioner is in jail and is not represented by an advocate on record he may present his petition for special leave to appeal together with the certified copy of the judgment and any written argument which he may desire to advocate to the officer-in-charge of the jail, who shall forthwith forward the same to the Registrar of this Court. Upon receipt of the said petition, the Registrar of the Court shall, whenever necessary call, from the proper officer of the court or the tribunal appealed from, the relevant documents for determination of the petition for special leave to appeal.

(2)     As soon as all necessary documents are available the Registrar shall, assign an Advocate from a panel of amicus curiae and thereafter place the petition and complete documents for hearing before the Court, [81]“The fee of the Advocate so engaged shall be Rs. 250 upto the admission stage and a lump sum not exceeding Rs. 500 for the hearing of the appeal arising therefrom as may be fixed by the Bench hearing the appeal, and in an appropriate case, the Bench hearing the case may for the reasons to be recorded in writing, sanction payment of a lump sum not exceeding Rs. 750.”

[82]Explanation. For the purpose of this rule, the term “State" shall include a Union Territory.]

[83](3) After the heraing of the petition or the appeal, as the case may be, is over the 'Registrar or the Deputy Registrar shall issue to the Advocate amicus curiae a certifi­cate in the prescribed form indicating therein the name of the said Advocate engaged at the cost of the State concerned and the amount of fees payable to the said Advocate.

(4)   The State cocnemed shall pay the fees specified in the certificate issued under sub-rule (3) to the Advocate named therein within three months from the date of his presenting before it, his claim for the fees supported by the certificate. If the fees are not paid within the period abovesaid, the Advocate shall be entitled to recover the same from the State concerned by enforcement of the certificate as an order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954.

Explanation. For the purposes of this rule the term “State” shall include a Union Territory.”

9. 

On the granting of the special leave, the petition for special leave shall be treated as the petition of appeal and shall be registered and numbered as such.

9A. 

While granting special leave, in all matters in which the Bench granting special leave is of the opinion that the matter is capable of being disposed of within a short time, say, within an hour or two, it will indicate accordingly. The office shall maintain a separate register of such matters to enable the Chief Justice to constitute a Bench for the disposal of such matters[84].

10. 

Upon an order being made granting special leave to appeal, the Registrar shall transmit to the court appealed from, a certified copy of the order together with a certified copy of the petition for special leave, and the affidavit, if any, filed in support thereof.

11. 

On receipt of the said order, the court appealed from shall give notice of the order to the respondent and require the parties to take all necessary steps to have the record of the case transmitted to the Court in accordance with the directions contained in the order granting special leave. The Registrar of the court appealed from shall certify to the Registrar of the Court that the respondent has received notice of the order of the Court granting special leave to appeal.

Criminal Appeals

12.

 [85][Every criminal appeal in which a certificate of the nature referred to in clause

(1)     of article 132 or sub-clause (c) of clause (1) of article 134 has been granted under article 134A of the Constitution] shall be lodged in the Court within sixty days from the date of the certificate granted by the High Court, and every appeal under article 134(l)(a) and (b) of the Constitution or under any other provision of law within sixty days from the date of the judgment, final order or sentence appealed from:

Provided that in computing the period, the time requisite for obtaining a copy of the judgment or order appealed from, and, where the appeal is on a certificate, of the certificate, and the order granting the certificate shall be excluded:

Provided further that the Court may, for sufficient cause shown, extend the time.

13. 

(1)     The memorandum of appeal shall be in the form of a petition. It shall state succinctly and briefly, and as far as possible, in chronological order, the principal steps in the proceedings from its commencement till its conclusion in the High Court

[86](2) The petition of appeal shall be accompanied by a certified copy of the judgment or order appealed from and in the case of an appeal on a certificate also of the certificate granted by the High Court, and of the order granting the said certificate. In appeals falling under any of the categories enumerated in sub-rule (1) of rule 15, however, in addition to the documents mentioned above, a certified copy (or uncertified copy if such copy is affirmed to be true copy upon affidavit) of the judgment or order of the Court immediately below shall also be filed before the appeal is listed for hearing ex-parte. At least seven copies of the aforesaid documents shall be filed in the Registry.

13A. 

Where the appellant has been sentenced to a term of imprisonment, the petition of appeal shall state whether the appellant has surrendered. Where the appellant has not surrendered to the sentence, the appeal shall not be registered, unless the Court, on a written application for the purpose, orders to the contrary. Where the petition of appeal is Accompanied by such an application, the application shall first be posted for hearing before the Court for orders[87].

14. 

Where the appellant is in jail, he may present his petition of appeal and the documents mentioned in rule 13 including any written argument which he may desire to advocate to the officer-in-charge of the jail, who shall forthwith forward the same to the Registrar of the Court.

15. 

(1)     [88]The petition of appeal shall be registered and numbered as soon as it is [89][found to be in order]. Each of the following categories of appeals, on being registered, shall be put up for hearing ex parte before the Court, which may either dismiss it summarily or direct issue of notice to all necessary parties, or may make such orders, as the circum­stances of the case may require, namely:—

(a)      an appeal from any judgment, final order or sentence in a criminal proceed­ing of a High court summarily dismissing the appeal or the matter, as the case may be before it;

(b)      an appeal on a certificate granted by the High Court [90][under article 134A of the Constitution being a certificate of the nature referred to in clause (1) of article 132 or sub-clause (c) of clause (1) of article 134 of the Constitution or] under any other provision of law if the High Court has not recorded the reasons or the grounds for granting the certificate.

[91](c) Deleted.

[92](d)   Deleted.

[93](e) an appeal under clause (b) of sub-section (1) of section 19 of Contempt of Courts Act, 1971 (70 of 1971)[94].

(2)     On the registration of the appeal and in the appeals falling under sub-rule (1) as soon as notice is directed to be issued, the Registrar shall send a copy of the petition of appeal and the accompanying papers, if any, to the High Court or the Tribunal con­cerned; and shall cause notice of the appeal to be given, where the appeal is by a convicted person to the Attorney-General for India or to the Advocate-General or the Government Advocate of the State concerned, or to both as the case may require, and in cases where the appeal is by the Government to the accused and in cases under Section 467B of the Code of Criminal Procedure, 1898 to the respondent.

16. 

The respondent may enter appearance in the Court within thirty days of the service of the notice of lodgment of the petition of appeal on him.

Preparation of the Record

17. 

The record of the appeal shall be printed in accordance with the rules contained in the First Schedule to these rules, and unless otherwise ordered by the Court, it shall be printed under the supervision of the Registrar of this Court and at the expense of the appellant. In appeals involving sentence of death and in other cases in which the Court thinks fit so to direct the record shall be printed at the expense of the State concerned.

17-A. 

The record of appeal arising out of the petition for special leave to appeal shall normally consist of the petition of appeal and the paper book of the court below, if available plus such additional documents that the parties may file from the record of the cases, if the printed record of the court below be not available. In that event, no fresh printing of the record shall be necessary, and the original record will be called for from the court below for reference of the Court:

Provided however, that where the records are printed for the purpose of the appeal before the High Court the High Court shall prepare 10 extra copies in addition to the number of copies required by the High Court for use in the Court, if the said record be in English.

Provided further that where in a particular case the Court feels that fresh printing of record is necessary, a specific order to that effect shall be made by the Court at the time of granting special leave to appeal, and the provisions contained in Order XV relating to preparation of record shall with necessary modification and adaptation apply[95].

18. 

(1)     Save as otherwise provided for in the rules, the provisions contained in Order XV relating to the printing and preparation of the record in civil appeals shall, with necessary modifications and adaptations, apply to the printing and preparation of records in Criminal Appeals.

[96](2) In all cases where the recod has been printed for the purpose of the appeal before the High Court or other proceedings all available copies of the printed record except one, if the record be in English, shall be despatched to this Court alongwith the entire original record including the records of the Court below. One of such copies shall be duly authenticated by the Registrar of the Court appealed from.

(3)   If a minimum number of 5 copies of the said printed record is available, no fresh printing of the record shall be necessary except of such additional papers as may be required.

Explanation I.— For the purposes of this rule the original record shall not include judgments of the High Court and the Courts below, but only duly authenticated copies thereof.

Explanation II.— Printing for the purpose of this rule includes cyclostyling and typing and printed record includes cyclostyled or typed record.

(4)   Two copies of the High Court paper book if available for despatch to this Court shall be treated as transcript record for the purpose of printing in this Court In that event only such of the additional documents as the parties choose to include for the hearing of the appeal in this Court shall be typed in duplicate and transmitted to this Court along with the High Court paper books, one copy of each of which shall be duly authenticated.

(5)   For the purpose of transcript record proper of the appeal, to be laid before this Court, such of the documents in vernacular as have already been translated for the purpose of the High Court appeal and which are included in the High Court appeal paper book need not be translated again.

19. 

Where the appellant fails to take necessary steps to have the printed record prepared and transmitted to the Court with due diligence, the Registrar of the Court appealed from shall report the default to the Registrar of this Court and the Registrar of the Court may thereupon issue a summons to the appellant calling upon him to show cause before the Court on a date to be specified in the summons why the appeal should not be dismissed. The Court may thereupon dismiss the appeal for non-jfrosecution or pass such orders as the justice of the case may require.

20. 

Where an appeal has been dismissed for non-prosecution, the appellant may, within thirty days of the order, present a petition praying that the appeal may be restored and the Court may, after giving notice of the application to the respondent, if he has entered appearance, restore the appeal if good and sufficient cause is shown.

21. 

(1)     In the event of the Court ordering the printing of the record under the supervision of the Registrar of the Court appealed from, he shall despatch to the Registrar of this Court unless otherwise directed by this Court not less than 15 copies where the appeal raises a question as to the interpretation of the Constitution, and not less than 10 copies in other cases. In the event of the Record being printed in this Court the Registrar will fix the number of copies to be printed for the use of this Court

(2)     In all cases involving a sentence of death the printed record shall be made ready and despatched to this Court within a period of 60 days after the receipt of the intima­tion from the Registrar of this Court of the filing of the petition of appeal or of the order granting appeal special leave to appeal.

22. 

As soon as the record is ready the Registrar concerned shall give notice thereof to the parties to the appeal, and where the record is prepared under the supervision of the Registrar of the Court appealed from the said Registrar shall, after service of the notice, send to the Registrar of this Court a certificate as to the date or dates on which the notice has been served.

Hearing of the Appeal

23. 

Each party who has entered appearance shall be entitled to two copies of the record for his own use.

24. 

Unless otherwise ordered by the Court the appeal shall be set down for hearing thirty days after the expiry of the time, prescribed for entering appearance by the respondent.

25. 

Where the accused person is not represented by an Advocate on Record of his choice the Court may, in a proper case, direct the engagement of an Advocate, at the cost of the Government [97]"The fee of the Advocate so engaged shall be a lump sum not exceeding Rs. 500 as may be fixed by the Bench hearing the case, and in an appropriate case, the Bench hearing the case may, for the reasons to be recorded in writing sanction payment of a lump sum not exceeding Rs. 750.”

25-A. 

(1)     After the heraing of the appeal, the Registrar or the Deputy Registrar shall issue to the Advocate appointed at the cost of the State a certificate at the prescribed form indicating therein the name of the said Advocate and the amount of fees payable to the said Advocate[98].

(2)     The State concerned shall pay the fees specified in the certificate issued under sub-rule (1) to the Advocate named therein within three months from the date of his presenting before it his claim for the fees supported by the said certificate. If the fees are not paid within the period abovesaid, the Advocate shall be entitled to recover the same from the State concerned by the enforcement of the certificate as an Order as to costs under the Supreme Court (Decrees and Orders) Enforcement Order, 1954.

Explanation.— For the purposes of this rule the term “State” shall include a Union Territory.”

26.  

(1)     Due notice shall be given to the accused, where he is not represented, of the date fixed for the hearing of the appeal. The accused person may, if he so wishes, present his case by submitting his argument in writing and the same shall be considered at the hearing of the appeal.

(2)     It shall not be necessary for an accused person in custody to be produced before the Court at the hearing unless the Court thinks fit in the interest of justice to direct him to be produced to enable him to argue his case or for other reasons.

27. 

Pending the disposal of any appeal under these rules, the Court may order order that the execution of the sentence or order appealed against be stayed on such terms as the Court may think fit

28.

 After the appeal has been disposed of, the Registrar shall, with the utmost expedition, send a copy of the Court’s judgment or order to the High Court or tribunal concerned.

29. 

In criminal proceedings, no court fee, process fee, or search fee shall be charged, and an accused person shall not be required to pay copying charges except for copies other than the first

CHAPTER 9 Miscellaneous

PART A Rules for the Disposal of Executive and Administrative Business

1. Administrative Business.

The Honorable the Chief Justice shall be in Control of the administrative and executive work of the High Court and its distribution amongst the Honorable Judges.

2. Matters which shall be disposed of at a Judges’ meeting.

Notwithstanding anything contained in the preceding Rule, the following matters shall invariably be taken up and disposed of at a meeting of the Honourable Judges:—

                              (i)          All matters involving questions of principle and policy;

                             (ii)         All cases relating to amendments to be made to existing laws or to the statutory rules of the Court;

                            (iii)         All matters concerning the High Court as such or all the Honourable Judges;

                            (iv)        All matters on which the opinion of all the Honourable Judges is invited by Government;

                             (v)         The suspension of Subordinate Judges and District and Sessions Judges;

                            (vi)        The promotion of Subordinate Judges and District and Sessions Judges, in cases where it is proposed to pass over an officer;

                            (vii)        Recommendations for the grant of pensions to Subordinate Judges and District and Sessions Judges, where it is proposed to recommend that the full pension earned be not allowed;

                           (viii)       Annual confidential remarks on the work of District and Sessions Judges;

                            (ix)        Any other matter which may be referred by the Honourable the Chief Justice to a meeting of the Honourable Judges.

3. Referring a matter to Judges’ meeting.

The Honourable Judge placed in charge of any branch of the executive or adminis­trative business of the court may refer any matter relating to that branch to a meeting of the Honourable Judges.

4. Holding of Judges’ meetings.

Meetings of all the Honourable Judges shall be called by the Honourable the Chief Justice when there is business for such meetings.

5. Quorum of Judges’ meeting.

At all meetings of Honourable Judges three Judges shall form a quorum. The Honourable Judges present at a meeting, if three or more, may dispose of all the business, for the disposal or consideration of which such meeting was called, and such disposal shall be deemed to be a disposal by the Court

6. Mode of decision in case of difference of opinion.

In case of difference of opinion at a meeting the decision shall be in accordance with the opinion of the majority of the Honourable Judges present, and in case the Honourable Judges present be equally divided the Honourable the Chief Justice or in his absence the Senior Judge present, shall have a casting vote.

7. Record of proceedings of Judges’ meetings.

The Registrar or in his absence the Deputy Registrar, shall attend all Judges’ meet­ings, and shall record the proceedings at such meetings.

8. Circulation of proceedings of Judges’ meetings.

As soon as conveniently may be, after the proceedings of a meeting have been recorded and signed by the Registrar or Deputy Registrar, as the case may be, they shall be signed by the Honourable the Chief Justice and circulated to the Honourable Judges in order of juniority.

9. Custody of proceedings of Judges’ meetings.

The original proceedings of the meeting shall be kept in the General Record Room in a separate file and shall not be removed from the Court building except by the Registrar with the sanction of the Honourable the Chief Justice.

10. Delegation of powers to Registrar or Deputy Registrar.

The Honourable the Chief Justice may empower any person holding the post of Registrar or Deputy Registrar of the High Court by name, to perform all or any of the duties of a Judge in charge of any branch of the executive and administrative business of the Court

11. Administrative business during vacation.

During the vacation the administrative and executive work of the High Court may be carried out by the senior Vacation Judge present at the Court, who may in his discretion pass such orders as may be necessary; provided that any matter decided by a Vacation Judge under this Rule, which would otherwise fall for decision by all the Honourable Judges or by the Honourable the Chief Justice shall be referred to all the Honourable Judges or the Honourable the Chief Justice, as the case may be, for confir­mation after the vacation.

PART B Procedure for Making Rules Under Part X of the Code of Civil Procedure

1. Registrar shall order minutes of the Rule Committee to be placed before Judges’ meetings.

As soon as the minutes of a meeting of a Rule Committee have been signed, the Registrar (who is also the Secretary of the Rule Committee) shall endorse upon them an order that a copy be placed before a meeting of the Judges on a specified date.

2. Procedure when Registrar omits to pass such an order.

In the event of the minutes of the Rule Committee reaching the office without such an endorsement the attention of the Registrar shall be drawn to the omission forthwith.

3. Registrar shall cause the Rules framed to be published in Gazettes inviting objections.

If the Judges decide that the recommendations are to be accepted and a Rule made, the Registrar shall cause the rule, in the form in which it has been framed by the Judges to be published for objections in the Punjab Gazette and in the Gazette of India (for the Union Territory of Delhi).

4. Rules with objections shall be laid before Judges’ meeting.

On the termination of the period fixed for objections, the Registrar shall again lay the rules, with objections, if any, before a meeting of the Judges.

5. Sanction of the Punjab and Delhi Governments to be obtained.

If the Judges decide to make the rule, the Registrar shall apply simultaneously to the Punjab Government and the Government of India (as the Government for the Union Territory of Delhi) for the approval of the rule in the form in which it has been framed.

6. Sanctioned rule to be published in Gazettes.

When the approval of the Central Government has been received, the Registrar shall cause the rule to be published in the Punjab Gazette and in the Gazette of India (for the Union Territory of Delhi). If the rule has been approved by the two Governments in different forms and the High Court has no objection to the changes proposed, the Registrar shall cause the rule to be published in the Gazettes of Punjab Government and Government of India in the forms approved by the respective Governments.

7. Sanctioned rule to be inserted in Rules and Orders of the High Court, etc.

After publication in the Gazettes a correction slip (a) to the Rules and Orders of the High Court and (b) to the pamphlet entitled “Rules made by the Punjab High Court under section 122 of the Code of Civil Procedure (1956 edition)” shall be prepared and issued according to the form approved by the Punjab Government. If the rule has been approved in a Union Territory of Delhi, a note to that effect shall be added in the correction slip.