THE HIGH COURT OF KARNATAKA
RULES, 1959
[6th October 1959]
In exercise of the
powers conferred by Article 225 of the Constitution of India and section 54 of
the States Reorganisation Act, 1956 (Central Act 37 of 1956) read with sections
122 and 129 of the Code of Civil Procedure, 1908, and section 19 of the Mysore
High Court Act (I of 1884) and all other powers thereunto enabling, the High
Court of Karnataka, with the previous approval of the Government of Karnataka,
promulgates and issue the following Rules with respect to practice and
procedure to be followed at the High Court, the same having been previously
published for objections and suggestions in the Karnataka Gazette, dated 27th
June 1957.
CHAPTER I Preliminary
Rule ? 1.
These Rules may be
cited as the High Court of Karnataka Rules, 1959.
These Rules will come
into force on the date of their publication in the Karnataka Gazette.
They shall apply to
all proceedings and matters in the High Court commenced on and after the said
date and shall also apply, as far as may be practicable, to all proceedings
taken on and after the said date in all causes and matters then pending in the
High Court. If any doubt or difficulty arises in the application of any of
these Rules to pending causes or matters, the relative papers shall be placed
before the Admission Judge who may pass such order as he considers just and
proper in the circumstances of the case, and a compliance with such order shall
be sufficient compliance with the provisions of these Rules.
On the coming into
force of these Rules all existing Rules, Orders, Circulars, Practice,
Convention or the like governing any matter dealt with or covered by these
Rules shall stand repealed:
Provided that this
repeal shall not affect or invalidate anything done, any action or decision
taken, any disposal made, any decree, order or proceeding made or issued under
the existing Rules before the commencement of the Rules.
The Forms prescribed
by or under these Rules shall be used for the purposes or the proceedings for
which they are prescribed with such modifications as the circumstances of the
case may require.
Where any forms,
fees, charges or other matters required by these Rules are not prescribed by
these Rules themselves, they may be determined or settled by or in accordance
with the directions of the Chief Justice.
CHAPTER II Definitions and Interpretations
In these Rules,
unless the context indicates the contrary,
(a) ?High Court?, ?This
Court? or ?The Court? means the High Court of Karnataka established under the
Constitution of India and in accordance with the provisions of sub-section (2)
of section 49 of the States Reorganisation Act, 1956 (Central Act 37 of 1955)
for the State of Karnataka constituted under the said Act:
(b) ?Chief Justice? means
the Chief Justice of the High Court;
(c) ?Judge? means a Judge
of the High Court;
(d) ?Vacation Judge?
means a Judge on duty during a vacation;
(e) ?Admission Judge? or
?Admission Court? means the Judge for the time being dealing with admission of
cases and with interlocutory applications;
(f) ?Bench? means a Bench
of Judges and shall included single Judge in relation to matters which can be
disposed of by a single Judge;
(g) ?Full Bench? means a
Bench consisting of three or more Judges;
(h) ?Appropriate Bench?
means in relation to any matter the Bench which is competent under these rules
to dispose of the said matter finally;
(i) ?Registrar? means the
Registrar of the High Court and includes the [Additional
Registrar, Joint Registrar]
Deputy Registrar or an Assistant Registrar of the High Court, in relation to
the powers, duties or functions of the Registrar exercised or performed by the [Additional
Registrar, Joint Registrar],
Deputy Registrar or the Assistant Registrar as the case may be;
(j) ??Constitution? means the Constitution of
India;
(k) ?Code? (except when
it occurs in ?Code of Civil Procedure? or ?Code of Criminal Procedure?) means
the Code of Civil Procedure in relation to Civil Matters and the Code of
Criminal Procedure in relation to Criminal Matters;
(l) ?Supreme Court? means
the Supreme Court of India;
(m) ?Supreme Court Rules?
means the Rules of the Supreme Court for the time being in force;
(n) ?Subordinate Court?
means any Court, Tribunal or Authority whose decrees, orders, sentences or
proceedings are subject to appeal, reference, revision to or by the High Court
under any law for the time being in force, or are subject to the jurisdiction
of the High Court under Article 226 of the Constitution or to its
superintendence under Article 227 of the Constitution;
(o) ?Certified Copy?
shall have the same meaning as is assigned to it in section 76 of the Indian
Evidence Act;
(p) ?To admit a case?
means to decide to issue notice to respondent or direct issue of notice to
respondent after preliminary perusal of papers or preliminary hearing under the
provisions of Order 41, Rule 11 of the Code of Civil Procedure or section 421
of the Code of Criminal Procedure or any other like provision of any other law
for the time being in force;
The words
?Admission?, ?For Admission? or similar expressions shall be construed
accordingly.
Where upon such
preliminary perusal or hearing the Court decides not to issue notice, the case
is said to be dismissed summarily;
(q) ?To Admit a Case to
Register? or ?To Register a Case? means entering the same in the appropriate
register and giving it a number in accordance with the practice of the Court
after the Registrar is satisfied that the papers of the particular case have
been presented to the High Court within the time, if any, limited therefore by
any law for the time being in force, that proper court fee, if any, payable in
respect of those papers has been paid, that all enclosures required by or under
these Rules have been furnished and that the papers in all respects comply with
the provisions of law and of these Rules applicable to the same relating to the
presentation of such papers;
(r) ?A pre-decree case?
means an appeal, reference or petition presented to the Court against or in
respect of any order or other determination of a Subordinate Court in a matter
pending before such Court and not finally disposed of by such Court;
(s) ?Prescribed? means
prescribed by or under these Rules.
CHAPTER ? III Constitution of Benches
[XXX]
[XXX]
[XXX]
[XXX]
Every petition or
application for review, reconsideration or correction of a judgment, decree,
order or sentence shall be posted before the original Bench which pronounced,
made or passed such judgment, decree, order or sentence or if the Judge or any
of the Judges who constituted the said Bench is not available by reason of
death, retirement or absence, before any other Bench constituted in the same
manner as the original Bench.
Benches shall be
constituted and judicial work of the Court allotted or distributed to them by
or in accordance with the directions of the Chief Justice.
When a single Judge
refers a case to a Bench or when a Bench of two Judges refers any question to a
Full Bench, then the papers of the particular case shall be placed before the
Chief Justice for a reference to a Bench or for the constitution of a Full
Bench.
[X X X]
Rule - 9.
?[X X X ]
CHAPTER ? IV Officers of the Court
In addition to the
powers and authorities conferred by these and other Rules, the Registrar shall
have and exercise the following powers subject to any general or special order
made by the Chief Justice:-
?
(1) To receive all
appeals, petitions, applications or other proceedings presented to the Court.
(2) To examine all such
appeals, petitions and other proceedings and satisfy himself that the same have
been presented within the time prescribed therefore, are in proposed form,
contain the particulars required by law and these Rules, are duly stamped with
proper court fee, are accompanied by necessary enclosures and in all respects
comply with all the provisions of law and these Rules applicable to their
presentation and on being so satisfied admit them to register and number the
same.
[2-A) To allow from
time to time any period or periods not exceeding ten days in all for filing
annexures, postal covers and acknowledgments, furnishing information, or for
doing any similar act necessary to make an appeal or a petition or application
or other proceeding complete.]
(3) To require any such
appeal, petition, application or other proceeding to be amended and return the
same to the party presenting the same or to his Advocate, to be re-presented
after removal of defects pointed out or in compliance with the requisition
made.
(4) To decide all
questions necessary for fully discharging his duties under the provisions of
sub-rules (1), (2) and (3).
(5) To admit all civil
appeals and to issue notices to respondents therein subject to the following
conditions: -
(a) In appeals against
original decrees and orders of subordinate Civil Courts under the Code, he
shall issue notice to respondents forthwith the appeals have been presented
within the time limit prescribed therefor by law and otherwise comply with all
the provisions of law and these Rules relating to the same.
(b) In appeals against
original orders of the subordinate Courts under enactments other than the Code
of Civil Procedure where an appeal lies as of right both on facts and on law,
he shall determine whether notice shall issue or the appeal be posted before
the appropriate Bench for admission and if he decides on the latter alternative
post the appeal accordingly.
(c) In appeals against
appellate decrees and orders of subordinate Civil Courts, and against original
orders under any enactment which gives a right of appeal against such orders
only upon specified conditions or restrictions, he shall post the same before a
proper Bench for admission.
(6) To fix the date of
return of any notice subject to directions of Court, if any.
(7) To dispense with
service of notice to respondents, other than minors, under the provisions of
Order XLI Rules 14 of the Code of Civil Procedure.
(8) To determine the
sufficiency of service or otherwise of any notice, and to order issue of fresh
notice or substituted service.
(9) To extend the time
for a period or periods not exceeding six weeks in the aggregate for payment of
process fee or printing or typing changes or other fees and charges payable
under these Rules, or for doing any act necessary to make appeals, petitions,
applications or other proceedings ready for hearing.
(10) To give time for
payment of deficient court fee on any appeal.
(11) To fix the date of
hearing of any matter subject to directions of Court, if any.
(12) To postpone or
adjourn cases ready for hearing on the written request of parties or
(13) their Advocates, with
notice to other Advocates appearing in the case.
(14) To require any person
or party to file any evidence to be given on affidavit in
(15) respect of any matter
in respect of which he has power to exercise any discretion or make any order.
The Registrar may hear and dispose of the following applications:-
(1) [X X X
(2) X X X
(3) X X X
(4) X X X]
(1) [Applications by
Court Guardians for funds or for supply of papers or the like.
(2) Applications to
dispense with production of enclosures as required by these Rules or for
condonation of formal defects in papers.
(3) Applications for
return of documents.
(4) Applications to call
for records not produced by a party or to send for, either from the records of
the High Court or from any other Court, records of or documents filed in any
suit or proceeding other than the one in which the application is made.
(5) Application for issue
of certified copies.
(6) Applications for
inspection or search of records of any matter pending in the High Court.
(7) Applications for
change or revocation of vakalat or for withdrawal of appearance.
(8) Applications under
Rule 17(2) of Chapter VIII of these Rules.
(9) Uncontested
applications under Rule 12 or Rule 19(2) of Chapter XIV of these Rules.
(10) Applications for
leave to take documents from the custody of the Court in pending matters.
(11) Applications for
issue of a certificate regarding excess Court-fees paid under a mistake.
(12) Applications for
condoning delay in paying deficit Court-fees.
(13) Applications for
condonation of delay in filing statement of objections/counter/reply not
exceeding 30 days.
(14) Applications for
withdrawal of the case before notice is ordered to the opposite party, provided
such withdrawal is without liberty to file a fresh case on the same case of
action.
(15) Applications for
substitution, except where the substitution would involve setting aside an
abatement or where the period of limitation, if any has expired.
(16) Applications for
change or discharge of advocate on record. (17 )Applications for payment into
Court.
(17) Applications for
extending returnable dates of warrants.
(18) Applications to
appoint or discharge a next friend or guardian of a minor or a person of
unsound mind and direct amendment of the record thereon.
(19) Applications for
refund of security deposit or part thereof or for payment out of security
deposit.
(20) Applications for
consolidation of cases for purposes of hearing and preparation of record.
(21) Applications for
condonation of delay in re-filing provided the delay does not exceed 90 days
from the date of notifying defects.
(22) Issue of fresh
summons and notices.
(23) Applications for
amendment of pleadings with the consent of all the appearing parties, or where
the other side has not appeared.
(24) All uncontested interlocutory
Applications of formal nature.
(25) Imposting costs on
the party in default of compliance of the orders passed by the Registrar.
The Registrar may
with the previous approval of the Chief Justice, delegate any of the powers
conferred on him by these Rules or other Rules to the [Additional
Registrar, Joint Registrar] ,
Deputy Registrar or the Assistant Registrar and may cause his functions under
sub-rules (1), (2) and (3) of Rule 1 of this Chapter or any of the ministerial
functions to be performed by any other officer or clerk of the Court subject to
the supervision of either himself or the Deputy Registrar or the Assistant
Registrar.
The Registrar while
exercising his powers under this Chapter shall be deemed to be performing quasi
judicial functions within the meaning of section 128(2)(i) of the Code of Civil
Procedure and shall have the power of correction under section 152 of the Code
in respect of all orders passed by him in exercise of his powers.
Any party
dissatisfied by any order or proposed order or any direction of the Registrar
made or given in the exercise of powers under these Rules may require that the matter
in respect of which the order has been made or is proposed to be made or the
direction given be placed before the Admission Judge for further consideration
and orders and thereupon the Registrar shall do so and act according to the
orders of the Judge.
CHAPTER V Practitioners of the Court
????????
Subject as
hereinafter provided no Advocate or Practitioner shall be entitled to appear
and act in any civil matter before the High Court unless he files into Court a
vakalatnama in prescribed from duly executed by or on behalf of the party for
whom he appears.
Any Advocate
appearing on behalf of the Government or on behalf of any public servant sued
in his official capacity shall not be required to file a vakalatnama but he
shall file into Court a memorandum of appearance signed by him giving the
number and cause title of the matter, name of the party for whom he appears and
the name of the person by whom he is authorized to appear.
[16][Rule - 2-A.
(i) Wherein a criminal
case before the High Court the accused is not represented by an Advocate and if
the Court is satisfied that the accused has no sufficient means to engage an
Advocate or where the accused remains absent and the interest of justice so requires,
the Court may appoint any Advocate from the panel prepared under Clause (iv)
below to represent the accused in such case at the expense of the State.
(ii) The fact and the date
of appointment of the amicus curiae under clause (i) above shall be noted in the
order sheet.
(iii) The amicus curiae
shall be entitled to inspect the records of the case, the office shall furnish
him with necessary papers and the Court shall allow him adequate time for
presenting the case for the accused.
(iv) Panel of Advocates of
not more than ten, who are willing and suitable, may be prepared and approved
by the Chief Justice every year in January. However, a panel once prepared
shall remain in force until fresh panel of Advocates is prepared. No Advocate
who has put in not less than five years of practice at the Bar shall be
included in the panel.
(v) A fee of Rs.500/- per
case and Rs.100/- per any additional day on which a case may be effectively
heard shall be paid to the amicus curiae.
Provided that if in
the opinion of the Court, in view of the standing at the Bar and experience of
the amicus curiae and the nature of the case the amicus curiae deserves higher
fee the Court may at its discretion fix such fee as it deems proper and
reasonable.]
(1) When an Advocate
retained to appear for any party on a vakalatnama in an appeal or other matter
in the High Court is prevented by sickness or engagement in another Court or by
other reasonable cause from appearing and conducting the case of his client, he
may appoint another Advocate to appear for him. In such a case the Court if it
sees no reason to the contrary, may permit the case to proceed in the absence
of the Advocate originally engaged and permit his nominee to appear for him
without a vakalatnama.
(2) Where an Advocate,
who has filed a vakalatnama, engages another to appear and argue his client?s
case but not to act for the client, the Court may permit such other Advocate to
appear and argue, either without filing a vakalatnama or on filing a memorandum
of appearance, instead of a vakalatnama.
An Advocate proposing
to file a vakalatnama or appearance in an appeal or other proceeding in which
there is already an Advocate on record, shall not do so unless he produces a
written consent of the Advocate on record or when such consent is refused,
unless he obtains the special permission of the Court.
Except when specially
authorized by Court or by the consent of the party, an Advocate who has advised
in connection with the institution of a suit, appeal or other proceeding or has
drawn pleadings in connection with any such matter or has during the progress
of any such matter acted for a party, shall not, unless he first gives the
party for whom he has advised, drawn pleadings or acted, an opportunity to
engage his services, appear in any such suit, appeal or other proceeding or in
any appeal, revision or other matter arising therefrom or in any matter
connected therewith for any person whose interest is opposed to that of his
former client:
Provided that the
consent of the party shall be presumed if he engages another lawyer to appear
for him in such suit, appeal or other proceeding without offering an engagement
to the Advocate whom he had originally consulted or engaged.
An Advocate appearing
for any party in any matter in the High Court shall be entitled to communicate
personally with or receive any information regarding the said matter from any
officer or member of the High Court establishment, subject to such conditions
and regulations as may be prescribed.
Rule - 7.
A vakalatnama shall be executed before or its execution attested by any of the following persons:-
Any Judicial Officer,
Registrar, [Additional
Registrar, Joint Registrar, Deputy Registrar]
or Assistant Registrar of a High Court; a Sheristedar, Head Munshi or Head
Clerk of any Civil Court; a member of the Parliament of India; a Member of the
Legislative Assembly or Council of any State in India; a Member of any District
Board, Municipal Council or Panchayat; a Shanbhogue, Patel, a Village Munsiff;
any Advocate on the roles of the Supreme Court or of any High Court in India
including the Advocate in whose favour the vakalatnama is executed; any Pleader
or other Legal Practitioner.
If the person
executing the vakalatnama appears to the attestor to be blind, illiterate or
unacquainted with the language in which the vakalatnama is written, the
attestor shall certify that the vakalatnama was read over and explained to the
executant in a language known to him in the presence of the attestor and that
the executant seemed to understand the same and made his signature or mark in
his presence.
Rule - 9.
????????
(1) [Before
filing the vakalatnama into Court the Advocate shall endorse his acceptance
thereon over his signature and enter the date of such acceptance. He shall also
enter therein his address for service.
(2) [Every Vakalatnama
submitted to the Court by the Advocate shall contain the Roll No. and address
either in a printed form or affixed by a rubber stamp or written by hand.
(3) The Vakalatnama shall
contain clearly the details as to the acceptance of the Vakalatnama by the
advocate and his signature for having accepted the Vakalat.
(4) The details of
Registration No. Address and also acceptance so furnished shall be recorded by
the Office in the Computer or shall be entered in the relevant register.
(5) Provided that where
Vakalatnama is being filed by more than one advocate, it is sufficient if the
address of the senior most among them is furnished.]
The party who has
engaged an Advocate to appear for him, shall not be entitled to be heard in
person unless he withdraws the vakalatnama executed by him.
No person shall be
recognized as a clerk or gumasta of an Advocate unless his name has been entered
with the permission of the Registrar in a register kept for that purpose.
Registered clerks or
gumastas may communicate personally regarding their master?s matters pending in
the High Court with any sectional or departmental head below the rank of an
Assistant Registrar or with a subordinate with the permission of the
appropriate sectional or departmental head, and may be furnished with
information regarding those matters.
The [Additional
Registrar, Joint Registrar, Deputy Registrar]
or the Assistant Registrar may in his discretion permit a registered clerk or
gumasta to correct any clerical or typographical mistakes in any memorandum of
appeal, petition or application, but any such correction, if permitted, shall
be made in the presence of the Deputy Registrar or Assistant Registrar, as the
case may be and be authenticated by him by placing his initials near it.
CHAPTER VI Appeals
[26][ Appeals presented to the High Court shall be classified as follows:-?
(1) (a) Regular First
Appeal, that is, First Appeals against decrees in original suits;
(b) Execution First
Appeals, that is, First Appeals against original orders determining questions
under section 47 of the Code of Civil Procedure deemed to be decrees;
(c) Miscellaneous
First Appeals, that is, First Appeals against any other judgment or order
including any order as to costs only, made by a subordinate civil court in the
exercise of its original civil jurisdiction;
(2) (a) Regular Second
Appeals, that is, Second Appeals arising out of original suits;
(b) Execution Second
Appeals, that is, Appeals against appellate orders determining questions under
section 47 of the Code of Civil Procedure deemed to be decrees;
(c) Miscellaneous
Second Appeals, that is, Second Appeals from any judgment, decree or order
including any order as to costs, only, other than those falling under sub-
clause (a) or (b);
(3) Sales Tax Appeals,
that is, appeals to the High Court under the Karnataka Sales Tax Act for the
time being in force;
?
[(3A). ?Tax Appeals,?
that is appeals to the High Court under any other Act providing levy of tax for
the time being in force, to be registered as T.A. (name of the statute in
intelligible abbreviation/year.
Ex:-? ?KARNATAKA TAX ON ENTRY OF GOODS ACT ] (E-T)]
(4) Criminal Appeals,
that is, appeals to the High Court from an order or sentence passed by a
subordinate criminal court in the exercise of its original criminal
jurisdiction.]
Every appeal shall be
preferred in the form of a memorandum signed by the appellant or his Advocate
and shall contain the following particulars:-
(1) the name and
description of each of the subordinate Courts out of the proceedings before
which the appeal arises;
(2) denoting numbers of
the file numbers of the proceedings before each of the subordinate Courts;
(3) the date of the
decree, order or sentence appealed from;
(4) the names and full
addresses for service of all the parties to the appeal with their respective
rank in each of the subordinate Courts;
(5) the provisions of law
under which the appeal is preferred;
(6) concise grounds of
appeal in consecutively numbered paragraphs; and
(7) in Civil Appeals a
statement of the amount of value of the subject matter of the dispute in the
Court of the first instance and in the appeal of this Court and a statement of
the amount of court fee paid or payable on the appeal together with the
provision of law under which it is calculated.
When the appellant is
represented by an Advocate, the memorandum of appeal shall give an address for
service within the City of Bangalore at which service of any notice, order or
process may be made on the party filing such memorandum.
Every memorandum of
appeal shall be accompanied by the enclosures required by Orders XLI, XLI-A,
XLII or XLIII of the Code of Civil Procedure or section 419 of the Code of
Criminal Procedure or the provisions in this behalf of other law applicable to
the appeal, as the case may be, and by two additional plain paper copies of the
memorandum of appeal, typed on thick paper. Where the appeal is one which can
be admitted only by a Bench, the appellant shall also file with the memorandum
one additional typed paper copy of each of the judgments and decrees of the
subordinate Courts, and one such additional copy of the document or
translation, if any, required by Order XLII, Rule 3 of the Code.
Rule - 4-A.
Every appeal referred
to in Rule 1 shall also be accompanied by a list of dates in chronological
order with relevant material facts or events pertaining to each of the dates in
the form of synopsis.
In the case of
Regular [First]
Appeals and Appeals against orders against which an appeal lies as of right
both on law and on fact under the law applicable to it, the memorandum of
appeal shall also be accompanied by a memo in prescribed form for issue of
processes or notices to respondents with the appropriate amount of process fee
affixed thereto in court fee labels together with as many plain paper copies of
the memorandum of appeal as there are respondents to be served; [
when service is to be effected by registered post, there shall also be produced
as many envelopes and postal acknowledgement forms as there are respondents to
be served and the name and address of the respondent to be served shall be written
on the relative envelope and the acknowledgement form.]
In cases of Second
Appeals and of Appeals against orders against which an appeal lies under the
law applicable to them only upon specified conditions or restrictions, the
enclosures mentioned in Rule 5 need not be furnished along with the memorandum
of appeal, but shall be furnished within seven days from the date on which the
admission of the appeal is notified on the notice board of the Court. This rule
shall also apply to appeals presented after the expiry of the period prescribed
therefor by law and also appeals presented in forma pauperis.
Appeals presented
after the expiry of the period prescribed for them by law shall be accompanied
by an application supported by an affidavit explaining the delay and setting
forth the grounds on which the appellant seeks to have the delay condoned and
the appeal entertained by the Court or to establish that the appeal has been
presented within time.
When an appeal is presented
with such an application as is mentioned in Rule 7, the said application
together with all the papers of the appeal shall be posted before the
appropriate Bench. Unless the Bench is of the opinion that the appeal has been
presented in time, no order other than an order dismissing the application or
summarily dismissing the appeal shall be passed without issuing notice to the
respondents and hearing them if they appear in response to the notice.
Subject to rules made
under the Karnataka Sales Tax Act for the time being in force, the provisions
of this Chapter shall be applicable to Sales Tax Appeals]
Rule - 9.
????????
The cross-objections
filed under the provisions of Order XLI, Rule 22 of the Code of Civil Procedure
shall be in the form of a memorandum entitled in the main appeal and shall
contain the names and addresses of the cross-objector and the parties against
whom the memorandum is directed with their respective ranks in the main appeal,
the date on which the cross-objector was served with notice of the appeal, the
objections to the decree appealed against in consecutively numbered paragraphs
and a statement of the valuation for purposes of court fee and the amount of
court fee paid or payable thereon together with the provision of law under
which it is calculated.
The memorandum of
cross-objections shall be accompanied by a memo in prescribed form for service
through Court with the appropriate amount of process fee affixed thereto in
Court fee labels together with as many plain paper copies of the memorandum as
there are parties to be served excluding the parties represented by Advocate in
the main appeal in respect of whom an acknowledgment required by sub-rule (3)
of Rule 22 of Order XLI of the Code of Civil Procedure or an affidavit
mentioned in Rule 5 of Order XLI-A of the Code of Civil Procedure has been
filed with the memorandum.
The provisions of
Rules 7 and 8 of this Chapter shall apply to a memorandum of cross-objections
presented after the expiry of the period prescribed therefor under Order XLI,
Rule 22 of the Code of Civil Procedure.
Where several suits
or proceedings are heard together and disposed of by a common judgment by a
subordinate Court, any party filing appeals against the decree or orders made
therein need file only one certified copy of the common judgment in respect of
all such appeals. Unless the Court otherwise directs, all such appeals shall be
posted together for disposal.
This Rule shall apply
mutatis mutandis to Petitions also.
[36] [CHAPTER VI-A Original Side Appeals
Appeals under section
4 of the Karnataka High Court Act, 1961, shall be designated ?Original Side
Appeals?.
Every Original Side
Appeal shall be preferred in the form of a Memorandum.
[xxx]
It shall not be
compulsory for the Memorandum of Appeal to be accompanied by a certified copy
of the judgment, decree or order appealed from.
It shall be open to
the appellant to serve the notice of appeal intended to be served on any party
thereto on the Advocate who appeared for the said party in the original
proceedings in the High Court out of which the appeals arises. If such Advocate
sought to be served accepts the notice, the party represented by him shall be
deemed to have been duly served with the notice of the appeal on the date on
which the notice is to be accepted. If, however, the said Advocate declines to
accept the notice, the appellant shall take steps to serve the notice on the
party.
The Paper Book in
such appeals shall be typewritten and shall be prepared in the same manner as
the Paper Book in Regular First Appeals is prepared under these Rules.
Subject to the
provisions of this Chapter, the Rules applicable to Regular First Appeals and
the provisions of Orders XLI and XLI-A of the Code of Civil Procedure shall, as
far as may be; apply to Original Side Appeals.]
CHAPTER VII Petitions
All matters not being
of an interlocutory character, other than appeals and references, presented to
the High Court for the first time shall be designated as Petitions which will
be classified as follows:-
Civil Petitions in
civil matters and Criminal Petitions in criminal matters, petitions invoking
the Court?s revisional jurisdiction of powers being called Civil Revision
Petitions or Criminal Revision Petitions as the case may be. Writ Petitions in
cases invoking the High Court?s jurisdiction under Article 226 of the
Constitution or for issue of directions in the nature of Habeas Corpus under
section 491 of the Code of Criminal Procedure, [Sales
Tax Revision petitions in cases invoking the High Court?s revisional
jurisdiction under the Karnataka Sales Tax Act, for the time being in force],
and Miscellaneous Petitions in cases not falling within any of these
descriptions.
(1) Except in cases where
it is otherwise provided by these Rules, every Petition shall be in the form of
a memorandum, The provisions of Rules 2 and 3 of Chapter VI shall apply mutatis
mutandis to the form and particulars of the memorandum.
(2) Where, however, the
petition is of an original nature or is not directed against any order of any
subordinate Court, or the circumstances of the case so require, in the place of
concise grounds the petition may set out the petitioner?s case and grounds for
relief in a narrative form in which case the petition shall be verified in the
manner prescribed for verification of plaints in the Code of Civil Procedure.
(3) Every petition under
section 491 of the Code of Criminal Procedure shall be supported by an
affidavit, except petitions by or on behalf of Courts Martial or Commissioners
under Clause (d) of sub-section (1) of the said section which may be in the
form of a letter addressed to the Registrar setting out all the facts and details.
(4) Every petition under
Articles 226, 227 and 228 of the Constitution shall be supported by an
affidavit.
(5) In cases where a
petition is supported by an affidavit, all facts on which the petitioner relief
shall be set forth in the affidavit and the petition itself besides the formal
parts required by sub-rule (1) shall contain only the prayer or relief claimed
in clear and precise terms. Petitions under Article 226 and 227 of the
Constitution may contain also a prayer for such interim relief as the petitioner
may desire or seek.
(6) The Court may in any
petition at any time require the petitioner to file an affidavit in
verification or support of the petition or by way of evidence.
(7) Wherever the
respondent to a petition has or desires to file objections to the petition,
such objections shall be set forth in an affidavit by or on behalf of the
respondent and a copy of such affidavit shall be served on the petitioner
atleast two days before the date of hearing mentioned in the notice.
(8) Every memorandum of
petition shall be accompanied by one plain paper copy of the memorandum and
affidavit, if any, where the petition is one which can be disposed of by a
single Judge, and in the case of petitions which can be disposed of only by a
Bench of two Judges, two such plain paper copies of the memorandum and
affidavit, if any, one additional plain paper copy of the enclosures other than
vakalatnama or memorandum of appearance.
[If
there are documents or annexures produced with the affidavit, the copies
required to be filed by this Rule should include copies of all such documents
or annexures.]
(1) Every memorandum of
petition to revise any order or proceeding of a subordinate Court shall be
accompanied by-
(a) One certified copy of
the order complained of and one such copy of the judgment, if any, on which it
is based:
(b) Where the order
complained of is an appellate order, in addition to the copies mentioned in
clause (a) one certified copy of the original order and one such copy of the
judgment, if any, on which it is based; and
(c) Where the proceeding
out of which the revision arises, has gone through more than two subordinate
Courts, provisions of clause (b) shall apply to the order and judgment of each
such Court.
(2) The Court may, on
sufficient cause being shown or in its discretion upon an application made for
the purpose, dispense with the production of any of the enclosures mentioned in
sub-rule (1) on such terms and conditions as it may deem fit.
All other petitions
shall be accompanied by such papers and documents as may be required by the law
under which they are made or may be prescribed.
[44][Rule - 4A.
Subject to rules made
under the Karnataka Sales Tax Act for the time being in force, the provisions
of this Chapter shall be applicable to Sales Tax Revision Petitions.]
The provisions of
Rule 5 of Chapter VI shall apply mutatis mutandis subject to Rule 6 of that
Chapter to all petitions other than those made by or on behalf of Courts
Martial or Commissioners under clause (d) of sub-section (1) of section 491 of
the Code of Criminal Procedure or by or on behalf of any Court, Tribunal or
Authority exercising judicial or quasi- judicial functions.
(1) Petitions to revise
the order or proceedings of any Court for which no period of limitation is
prescribed by any law applicable to it shall be presented to the High Court
within a period of ninety days from the date of the order complained of in
computing which period, provisions of section 12 of the Indian Limitation Act
shall apply;
(2) Such petitions
presented after the period prescribed by sub-rule (1) shall be accompanied by
an application supported by an affidavit setting forth the grounds on which the
petitioner relies to get the delay condoned and the petition entertained by
Court. The Court may, if is satisfied that the petitioner was prevented by
sufficient cause from presenting the petition within the period prescribed,
excuse the delay and entertain the petition with or without issuing the notice
of the application to the respondent;
(3) No party shall be
added to any such petition after the expiry of the period prescribed under
sub-rule (1) except upon an application made for the purpose supported by an affidavit
unless the Court itself directs suo motu that such party be added.
Where any petition
for which the law applicable to it prescribes a period within which it shall be
presented or made, is presented after the expiry of the said period, the
provisions of Rules 7 and 8 of Chapter VI shall apply mutatis mutandis.
CHAPTER VIII Special Rules regarding Writ Petitions
????????
The Rules contained
in this Chapter shall apply to Writ Petitions and shall be read as supplemental
to the Rules contained in Chapter VII applicable to such petitions.
Every petition for
the issue of a Writ in the nature of Certiorari which seeks to quash an order
of any subordinate Court, shall be accompanied by a certified or authenticated
copy of the order sought to be quashed and one such copy of the judgment or
enclosure if any, containing the grounds for such an order. Where the
proceedings out of which the petition arises has gone through more than one
subordinate Court, provisions of Clauses (b) and (c) of sub-rule (1) of Rule 3
of Chapter VII shall apply mutatis mutandis.
Where the petition is
for the issue of a Writ in the nature of prohibition, the memorandum of
petition shall be accompanied by the original notice or proceeding if any served
on the petitioner or a certified or an authenticated copy of the same
purporting to issue from the subordinate Court whose jurisdiction is questioned
in the petition.
Where the petition is
for the issue of a Writ of any other nature or any order or direction, the
memorandum of petition shall be accompanied by the orders or proceedings in
original or certified or authenticated copies of the same which are either the
occasion for, or the subject matter of the petition.
The Court may, on
application made by the parties for the purpose either verified in the manner
prescribed for plaints in the Code of Civil Procedure or supported by an
affidavit, dispense on such terms and conditions as it may deem fit with the
production of all or any of the papers required by Rules 2, 3 and 4 of this
Chapter to accompany the petitions.
Where the petition is
for an order under clause (f) of sub-section (1) of section 41 of the Code of
Criminal Procedure, the memorandum of petition shall be accompanied by a
certified copy of the Amin?s return to warrant of arrest. The Officer having
custody of the Amin?s report shall cause a copy of the same to be produced on a
requisition to him in writing.
Where the petition is
under clause (a) of sub-section (1) of section 491 of the Code of Criminal
Procedure, the memorandum or petition shall be accompanied by a copy of the
warrant under which the person sought to be brought up before Court is
detained, obtained from and authenticated by the signature of the person in
whose custody the detained person is, unless such a copy on being asked for has
been refused to be granted to the petitioner and the fact of such demand and
refusal is set out in the affidavit filed in support of the petition.
Rule - 8
(1) A petition or letter
under clause (d) of sub-section (1) of section 491 of the Code of Criminal
Procedure shall set out the purpose for which the Court Martial has been
assembled or the authority under which the Commissioners are acting and also
state where the prisoner is detained in custody and when and where and for what
purpose he is required to be produced.
(2) The affidavit filed
in support of a petition under clause (c) of sub-section (1) of section 491 of
the Code of Criminal Procedure, shall state where the prisoner is detained and
for what purpose his presence is required; and an affidavit in support of a
petition under clause (e) of the same sub-section shall state where the
prisoner is detained in custody, to what other custody it is proposed to remove
him and the reason for such change of custody.
Rule - 9.
????????
Every affidavit in
support of petition for the issue of a Writ, order or direction under Article
226 of the Constitution shall state where there are other legal remedies open
to the petitioner for the redressal of his grievances and if so, whether he had
before the presentation of the petition pursued all or any of such remedies and
with what result, and if he has not done so the reasons for such omission and
the grounds on which he seeks to invoke the jurisdiction of the Court under the
said Article. The affidavit shall also set out in what right the petitioner has
made the petition and how he is competent and entitled to make the petition and
to seek to invoke the said jurisdiction of the Court.
Every Writ Petition
as early as possible after it has been admitted to register, shall be posted
before the appropriate Bench for preliminary orders as to issue of notice. The
Bench after hearing the petitioner or his counsel if he appears, may either
dismiss the petition summarily or order issue of notice to the respondent
calling upon him to appear on a day named in the notice to show cause why the
application should not be granted.
If the Court orders
notice to issue to the respondent in a Writ Petition, it may pass such interim
order in the case either unconditionally or upon such terms as the Court thinks
just, as the nature and circumstances of the case may require.
(1) [ Where
notice is ordered on a Writ Petition, provisions of Rule 5 of Chapter VI read
with Rule 6 of the said Chapter shall apply with the modification that for
?seven days? appearing in the said Rule 6 ?three days? shall be substituted.
(2) [Along with the memo
for service of notice, the Petitioner shall file into Court as many plain paper
copies as there are Respondents to be served, of the petition, affidavit or
affidavits filed in support of it and of all the annexures thereto.
(3) Whenever an ex-parte
interim order made in a Writ Petition is required or directed to be served on
any person or authority not impleaded as Respondent to the petition, copy of
the order to be so served shall be accompanied by a copy of the petition,
affidavit or affidavits filed in support of it and all the annexures thereto.
The party obtaining a direction or order from Court for service of such interim
order on a person or authority other than the one impleaded in the Writ
Petition shall be required to file into Court for service on such person or
authority the copies mentioned above:]
[Provided that where
the State Government or an Officer of the State Government is a Respondent, one
more such plain paper copy shall be given by the petitioner for service on the
Advocate General.]
[52][Rule - 12-A.
The notice of the
petition issued to each of the Respondents shall be accompanied by copies of
the petition, affidavit and all annexures thereto, to be delivered to the
Respondents along with the copy of the notice.
Rule - 12-B.
When a Petitioner
files into Court additional documents or the Respondent files any documents
which he wishes to rely upon in support of his case, he shall file along with
the memo accompanying the documents, an acknowledgment from the Advocate or
Advocates appearing for the other side that copies thereof have been served
upon him.
Rule - 12- C.
Every Respondent in a
Writ Petition desirous of opposing the same may file his opposition in the form
of a counter-affidavit. He shall, before filing into Court, an affidavit, serve
a copy thereof on the Petitioner or his Counsel and file into Court his acknowledgment
of having received such a copy. The Petitioner may, with the leave of the
Court, file an affidavit in reply to the counter-affidavit or affidavits.
Copies of annexures, if any to any such affidavit shall be furnished to the
other side along with the copy of the said affidavit.]
Notice of a petition
under clause (c) of sub-section (1) of section 491 of the Code of Criminal
Procedure shall be served also on the prisoner.
The Court may in its
discretion at any time before a Writ Petition is finally disposed of, direct
that notice of the petition be served on any person whether ? impleaded therein
as a respondent or not who in the opinion of the Court may be affected by any
order which the Court may make in the petition. On such a direction being given
the provisions of Rule 12 of this Chapter shall apply.
In any case in which
the Court orders a person to be brought either before it or before a Court
Martial or Commissioner, or to be removed from one custody to another, a
warrant shall be prepared and signed by the Registrar and sealed with the seal
of the Court. Such warrant shall be served personally upon the person to whom
it is directed or otherwise as the Court shall direct and in cases under clause
(d) of section 491 of the Code of Criminal Procedure the warrant be forwarded
to the officer-in-charge of the jail in which the prisoner is detained. Where,
however, the place of detention is not known, the warrant should be served upon
the detaining authority.
Where at a final
disposal of a petition under clause (b) of sub-section (1) of section 491 of
the Code of Criminal Procedure, the Court decides that the petition should be
granted, the order shall state that the person or persons improperly detained
shall be set at liberty or delivered to the persons entitled to their custody.
(1) Costs of the Writ
Petitions shall be in the discretion of the Court. When costs are awarded to
any party such costs may include court fees paid on the petition or other
documents filed with the petition, costs of making copies of papers either for
use of Court or for service on other parties and Advocate?s fees. Advocate?s
fee when allowed, shall be such as may be fixed by Court.
(2) If costs awarded are
not paid, the party entitled to receive the same may apply to the Court
whereupon the Court, may transmit the order in the Writ Petition to any
subordinate Court for execution, and such subordinate Court shall proceed to
execute the same in the manner prescribed for execution of decrees of that
Court.
Where a Writ Petition
impugning the validity of a Central Act or State Act or any provision thereof
or any rule made thereunder is admitted, notice of the petition shall issue to
the Advocate General of Karnataka and if the Act or provision thereof impugned
is a Central Act or a provision thereof, falling under the Union List or
Concurrent List of the Seventh Schedule to the Constitution or the rule
impugned is one made by the Central Government under such Central Act, notice
of the petition shall also issue to the Attorney General of India.
CHAPTER ? IX? References
????????
Where a reference to
the High Court is from a subordinate Court seeking the opinion or directions of
the High Court on any point or question, the reference shall be in the form of
a statement of the case containing the denoting number and particulars of the
suit, appeal or other proceeding out of which the reference arises, the names
and addresses of all the parties interested in or likely to be affected by the
reference, setting out the facts of the case and the points or questions on
which the opinion, order or direction of the High Court is sought together with
the opinion of the referring officer, Court or Authority thereon, and shall be
accompanied by such records and papers as are, in the opinion of the referring
officer, Court of authority, relevant for a full consideration of the
reference, with two copies of such statement.
Where a reference to
the High Court is for confirmation of any decree, or sentence or other decision
or determination by a subordinate Court, such decree, sentence or other
decision or determination sought to be confirmed, together with the entire
record of the matter or proceeding in which the same has been made or passed,
shall be submitted to the High Court, together with a memorandum citing the
provision of law under or pursuant to which the reference has been made and
confirmation of the High Court sought.
The High Court may,
if it deems necessary to do so, call for further papers or for further
information from the referring Court or Authority.
Unless the law under
or pursuant to which the reference is made prescribes a different procedure,
the provisions of Rules 3, 4 and 5 of Order XLVI of the Code of Civil Procedure
shall apply to all references made to the High Court.
[54][ References to the High Court shall be designated as follows:-
(1) References under the
Income-tax Act shall be designed as Income-tax Referred Cases;
(2) [References made
under section 130 of the Customs Act or section 35-G of the Central Excise and
Salt Act or section 82-B of Gold (Control) Act, as the case may be, shall be
designated as Customs/Central Excise and Salt/Gold (Control) ? Referred Cases;]
(3) [References
under any Act levying taxes on Agricultural Income shall be designated as
Agricultural Income tax Referred Cases;
(4) [References
in all other tax matters shall be designated as Tax Referred Cases; Cases;
?
(5) [
All other references in Civil matters shall be designated as Civil Referred
(6) [References
in Criminal Cases shall be designated as Criminal Referred Cases.]
CHAPTER ? X Interlocutory Matters
????????
(1) All applications made
during the pendency of an appeal, reference, petition or other matter presented
to and pending in the High Court and connected with the same or with any
decree, order or sentence or other proceeding of the subordinate Court which is
the subject-matter of the same, and praying for any interim relief or order,
shall be called Interlocutory Applications and be consecutively numbered
separately in each appeal, reference, petition or matter as the case may be.
(2) All applications
presented along with any appeal, or petition for leave to file any such appeal
or petition, to condone the delay in the presentation of any such appeal or
petition or to condone any defects in the papers of any such appeal or petition
or for impleading parties as the representatives of parties who died after the order
of the subordinate Court appealed or petitioned against or for any other
purpose with a view to comply with or to dispense with compliance with the
provisions of any law, or of these Rules relating to the presentation of any
such appeal or petition, shall also be called Interlocutory Applications and be
numbered as provided in sub-rule (1).
(3) All applications made
after the disposal of any such appeal, petition or reference or other matter,
connected with it or with any decree or order passed therein, other than those
for review of any judgment of this Court or for leave to appeal to Supreme
Court which shall be designated as petitions under Chapter VII, shall also be
called Interlocutory Applications and be numbered as provided for in sub-rule
(1).
Every Interlocutory
Application shall be supported by an affidavit.
Where, however, the
facts on which the application is based, appear from the records in this Court
or relate to any act or conduct of the applicant?s Advocate himself, the
Registrar may permit a memorandum of facts signed by applicant?s Advocate to be
filed instead of an affidavit.
Every Interlocutory
Application shall be entitled in the main matter in which it is made and shall
set out the names of the applicant and the respondents and their respective
ranks in the main matter, the provision of law under which the application is
made and the prayer or relief sought in clear and precise terms. The
application shall be signed by the applicant or his Advocate who shall enter
the date on which such signature is made or the application is presented. All
facts on which the applicant relies for making the prayer or obtaining the
relief sought in the application, shall be set out in the affidavit or wherever
permitted in the memorandum of facts under Rule 2.
[66][Rule - 3A.
In every matter where
an application is filed for an ad-interim stay on injunction against the Union
of India or any State Government or any of its authorities, a copy of such
application shall be served upon the Standing Counsel/Advocate for the Union of
India or the concerned State Government before the matter is listed in Court,
except when the Court otherwise directs]
In cases of urgency,
the applicant may make a written request to the Registrar to post an
Interlocutory Application before the appropriate Bench for urgent orders. When
such a request is made in respect of an application of the nature described in
sub-rule (1) of Rule 1 of this Chapter, the Registrar shall take steps to
complete the examination of the papers of the appeal or petition or other
matter as the case may be in which the application is made, if such examination
has not already been completed, and post the application together with papers
of the main case (for admission if it is not already admitted) before the
appropriate Bench.
Requests of the
nature described in Rule 4 shall ordinarily be made to the Registrar, and the
Interlocutory Application in respect of which the request is made together with
all the necessary papers of the main appeal or petition, if not already
presented, be presented before 1 p.m. After completion of the preliminaries as
stated in the last proceeding Rule, the Interlocutory Application with the main
appeal or petition shall ordinarily be posted in the forenoon of the succeeding
working day when an appropriate Bench is sitting.
If an applicant
desires to have the application posted earlier than is provided in Rule 5, he
shall obtain orders or directions of the appropriate Bench which may be done by
way of oral request made before the said bench in open Court.
In appeals and
petitions in which notice to respondent has already been issued, and
Interlocutory application shall not be numbered or posted unless parties to the
appeal or petition affected by the application who are represented by Advocates
have been served with notice of the application by delivering to each of such
Advocates a copy of the application together with a copy of the supporting
affidavit or memorandum of facts and the written acknowledgment over the
signature of each such Advocate or his registered clerk is taken either by
endorsement on the application or otherwise and is filed in the Court along
with the application. If, however, the applicant?s Advocate makes an
endorsement on the application that such service on Advocate was either refused
to be accepted or could not be effected in spite of due diligence, the
Registrar may direct that the application be numbered and posted. Wherever it
is intended to move the application as an emergent application, the copy of the
application served on every Advocate under this Rule shall contain an
endorsement stating that the application is intended to be moved as an emergent
application on the day specified in the endorsement.
An order passed by
Court in an Interlocutory Application before service of notice on the
respondent to the application shall not be communicated to the subordinate
Court or the authority or the party affected by it unless the applicant has
filed in the Court a memo in prescribed form for service of notice of the
application on parties to whom notice has to be given or is directed by the
Court with the appropriate amount of process fee affixed thereto in Court fee
labels together with as many plain paper copies of the application and the
supporting affidavit or memorandum of facts as there are parties to be served,
or unless the applicant himself has served such notice and produces into Court
proof of such service.
Rule - 9.
????????
(1) Except in cases in
which it is otherwise provided by these Rules, notice of an application shall
issue only when ordered by Court.
(2) Unless the Court
orders otherwise, notice of an Interlocutory Application need not be given to a
party who having been served with the notice in the main appeal or petition,
has not entered appearance or to a party to whom notice in the main appeal or
petition has been dispensed with under the provisions of Order XLI, Rule 14 of
the Code of Civil Procedure.
Where notice of an
application has to be given an applicant shall, within three days from the date
of the order directing notice, file in the Court a memo in prescribed form for
service on parties to whom the notice has to be given or has been directed with
the appropriate amount of process fee affixed thereto in Court fee labels
together with as many plain paper copies of the application and the supporting
affidavit or memorandum of facts as there are parties to be served:
Provided that where
the party to be served is represented by an Advocate in the main appeal or
petition, notice of the application may be served on the Advocate in the manner
hereinbefore prescribed in Rule 7.
CHAPTER ? XI Affidavits
????????
Every affidavit for
use in the High Court shall set forth the cause title of the appeal or matter
in which it is sought to be used and in case of affidavits used in
Interlocutory Applications also the cause title of the Interlocutory
Application.
Every person making
an affidavit shall be described in the affidavit in such a manner as will be
sufficient to identify him clearly.
An affidavit shall be
confined to statement of facts and avoid arguments.
When an affidavit
contains statements of facts not within the declarant?s personal knowledge but
based on the information received by the declarant, he shall state so and that
he believes them to be true and also give the source of such information
wherever possible and the grounds of his belief if any.
Affidavits intended
for use in the High Court may be made before and attested by any of the
following persons, hereinafter called attesting officers, who are hereby
empowered to administer oath or solemn affirmation:-
(a) Any Judicial Officer,
Magistrate, or other Presiding Officer of Civil, Criminal or Revenue Court:
(b) Any Registrar or
Sub-Registrar of Assurances;
(c) The Registrar, [Additional
Registrar, Joint Registrar, Deputy Registrar]or
Assistant Registrar of any High Court;
(d) [The Chief
Ministerial Officer of any Civil Court by whatever name called;]
(e) Notary appointed
under the Notaries Act (Central Act 53 of 1952).]
[73][Rule - 5A
(1) The High Court may
also appoint advocates as Oath Commissioners for the purpose of administering
oath or affirmation in case of affidavits intended for use in the High Court.
The number of Oath Commissioners to be appointed for Bangalore, and other
places in the State may be as fixed by the High Court from time to time.
Advocates who have put in practice of not less than two years and not more than
four years are eligible for appointment as Oath Commissioners. The appointment
as oath commissioners shall be initially for a period of three years and may be
extended for a period till the completion of practice of seven years. However,
the appointment of an Oath Commissioner may be cancelled at any time by the
High Court.]
[Provided that no
person who has attained the age of thirty-five years on the last date fixed for
filing application shall be appointed as Oath Commissioner.]
(2) The oath
commissioners will be entitled to a fee Rs. 5-00 only per affidavit. He shall
keep and maintain a register in the form prescribed below in which particulars
of all affidavits shall be entered. The Oath Commissioner shall pass a written
receipt to the deponent for the fee received in the form prescribed as
hereunder. The receipt shall be in a printed form consisting of a foil and a counterfoil,
the foil being handed over to the deponent and the counterfoil being preserved
by the Oath Commissioner for production at an inspection.
Note-1: The Oath
Commissioner will be entitled to an additional fee of Rs.10-00 from a deponent
when he is required to attend the deponents residence.
Note-2: With a view
to ensure that particulars of all the affidavits which are attested are duly
entered in the register and receipts for the fee received are given the Oath
Commissioner shall send a report within 15 days of the end of every three
months about the total number of affidavits attested and the amount of fee
collected during the previous quarters to the Registrar or any other authorised
officer of the High Court of Karnataka, Bangalore. The Registrar or the
authorised officer may make such periodical inspection of their registers and
receipt books containing counterfoils, as may be considered necessary.
Note-3: Every Oath
Commissioner shall have and use, a seal of such form and design as may be
prescribed and supplied by the High Court on payment of prescribed fee.
Note-4: Every Oath
Commissioner shall handover the Seal, Register and receipt books kept and
maintained by him/her to the Registrar or the other authorised Officer, High
Court of Karnataka, he/she ceases to be an Oath Commissioner.
FORM OF REGISTER REGISTER OF AFFIDAVIT
|
Sl. No.
|
Name
& Addressofthepersontenderingaffidavit
|
Date ofAdministeringOathoraffirmation
|
Signature
orThumbImpressionoftheDeponent
|
Name of
?theCourtinwhichtheaffidavitisintendedtobefiled
|
Name, address &signatureoft
hepersoniden tifyingthedep onentwhoisp ersonallykno wntotheOath
Commissione
r
|
Signature of theOathCommissioner
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
FORM OF RECEIPT
(Both Foil and Counterfoil)
Receipt No.???
Date:
Place:
Serial No.????? in the Register of Affidavits.
Received a sum of Rs.
(in words) ????????????????????
?????????????????????
from ?????????????????
towards fee for
administering Oath in respect of an Affidavit.
Signature of Oath
Commissioner.
?
The declarant of the
affidavit shall sign or make his mark at the foot of every page of the
affidavit and also at the end of it. The attesting officer shall authenticate
every correction, alteration or inter lineation by placing his initials near it
and also enter at the foot of every page the number of such authenticated
corrections, etc., or enter the word ?nil? if there is none and initial such
entry and sign his name and enter his designation at the end of the affidavit,
and affix thereto his official seal or seal of his Court.
If the person making
the affidavit is not personally known to the attesting officer, he shall be
identified by a person known to the attesting officer, and the fact of such
identification together with the name and description of the person making the
identification shall be noted at the end of the affidavit. If a person making
the affidavit not known to the attesting officer is not so identified, the left
thumb impression of the person making the affidavit shall also be fixed at the
end of the affidavit and be certified to be such impression by the attesting
officer.
If the declarant
appears to be illiterate or blind or is unacquainted with the language in which
the affidavit is made or written, the affidavit shall be read out and explained
to declarant in a language known to him in the presence of the attesting
officer who shall certify that it was so explained in his presence and that the
declarant appeared to understand the same and signed his name or made his mark
in the presence of the attesting officer.
Rule - 9.
????????
If any document is
referred to in the affidavit and produced with it, the attesting officer shall
make an endorsement thereon as follows:-
?This is the document
referred to as Exhibit???????? in the
affidavit of
??????????????
Sworn/solemnly
affirmed before me this the ??????? day of ???????
19 and sign such
endorsement.
CHAPTER ? XII Presentation and Examination of Papers
????????
Every memorandum of
appeal, petition or application and every affidavit and every other memorandum,
or list or paper other than documents tendered in evidence presented to the
High Court shall be headed as follows:-
?In the High Court of
Karnataka at Bangalore? followed by the description of the paper such as memorandum
of appeal memorandum of petition, Interlocutory Application, as the case may be
followed by the provision of law under which the same is presented or made.
[77][
Every memorandum of
appeal, petition, affidavit, interlocutory application or other memorandum or
list presented to or filed in the High Court (other than original documents)
shall be fairly and legibly written, typed or printed or partly so written,
partly typed or partly printed on strong and durable foolscap paper, with an
outer margin of not less than 5 cms, and an inner margin of not less than 3
cms. The writing, typing and printing shall be made on both sides of the paper
and every set of papers shall be stitched bookwise with pages serially numbered
and be provided with an index; the index shall be on paper of the same size and
strength mentioned above and shall be stitched as the first sheet of the
papers. Where certified copies of judgments, decrees or orders of sub-ordinate
Courts and Tribunals produced with an appeal, petition or application or for
any other purpose are in manuscript, typed copies thereof conforming to the
above specifications shall be produced along with certified copies.]
Except in cases
hereinafter mentioned every appeal, petition, application or other document
presented to the High Court, shall be presented by party making such appeal,
petition or application or by his recognized agent as defined under Order III,
rule 2 of the Code of Civil Procedure or by his Advocate or his registered
clerk or by another Advocate deputed by such Advocate. No paper intended to be
presented to the High Court in any judicial matter or proceeding shall be
presented by post or be presented otherwise than is provided for by this rule.
Rule 3 shall not apply
to appeals or petitions by a person in jail or in duress or restraint, or to
petitions by or on behalf of Courts Martial or Commissioners under clause (d)
of sub-section (1) of section 491 of the Code of Criminal Procedure or to any
petition, reference or other matter made or presented to the High Court by or
on behalf of any Court, Tribunal or Authority, exercising judicial or
quasi-judicial functions.
All papers in
judicial matters shall be presented at the office of the Registrar at the High
Court on working days between the hours 11 a.m. and 4 p.m. The Registrar may in
special cases receive or direct the same to the received by the office after 4
p.m. on any day. In very urgent matters, the Registrar may, if satisfied about
the urgency, receive any papers at his residence on holidays and take the
directions of the Chief Justice or in his absence, of the seniormost Judge
present in Bangalore as the further action to be taken on papers so received by
him at his residence.
No appeal, petition,
application or the like in judicial matters shall be received during vacation
of the Court except in cases of urgency in accordance with the rules from time
to time made by the Chief Justice for the disposal of urgent matters during
vacation.
The Registrar shall
appoint one or more clerks as receiving clerk or clerks to receive the papers
in judicial matters presented to the High Court.
Every appeal,
petition, application or the like presented to the High Court, shall be
accompanied by a list in prescribed form in duplicate setting forth all the
papers filed therewith and particulars of all court fee paid in respect of the
same.
Rule - 9.
????????
Immediately on
receiving the papers the receiving clerk shall check all the papers and the
court fee, if any, paid thereon with reference to the list referred to in the
last preceding rule, and on being satisfied that the papers and the court fee
mentioned in the said list have actually been filed and paid, shall return one
copy of the list to the party presenting the same or his Advocate duly signed
by him affixing thereto the date seal of the High Court containing the date of
presentation of papers.
The particulars of
the papers and the court fee shall then be entered in the Register or Registers
prescribed for the purpose either by the receiving clerk or such other clerk as
may be appointed for the purpose.
All the papers shall
then be forwarded to the Appeal examiner?s section for purpose of examination.
It shall be the duty
of the Appeal Examiner to examine all papers allotted to him for examination
with a view to see that the papers are presented within the time prescribed by law
for their presentation, that proper court fee payable thereon has been paid,
that the papers are in proper form, that the enclosures required by law or by
these rules have been furnished and that the papers comply in all respects with
the provisions of law and the rules applicable to them.
In connection with
every set of papers presented and examined, the Appeal Examiner shall attach
one or more sheets entitled the Examination Report in prescribed form. In the
said report the Examiner shall record whether the papers comply with the
requirements stated in the last preceding rule or they are in any manner
defective and if there are any defects, shall record the same in the report. He
shall then place the report before the Registrar for his orders.
(1) [The Registrar after
reading the report of the Examiner and looking into the papers examined
wherever necessary shall, if all the papers are in order, direct that the
appeal, petition or other matter be admitted to register and numbered. If there
are any defects, the Registrar shall direct such amendments or corrections in
the papers as may be necessary be carried out or direct rectification of the
defects or compliance with such requisitions as he may consider necessary in
the circumstances of the case by the party presenting the same or his advocate
in the office of the concerned Registrar within three weeks from the date of
notifying such defects. The Registrar may, from time to time, extend the time
or period allowed by him for (Compliance of requisitions or rectification of
defects) by such periods as may be necessary not exceeding six weeks in the
aggregate.
(2) A list of papers
(Where defects are pointed out) shall be put up on the Notice Board giving
particulars of the same and name of party presenting the same or his Advocate.
The time fixed by the Registrar for (Compliance of the requisitions or
rectification of the defects) shall be counted from the date on which such list
is so put up on the Notice Board.]
All memoranda,
endorsements or notes or orders in the Examiner?s Report by the Examiner or the
Registrar or by the party or his Advocate in answer to the Notes of the
Examiners or orders or directions of the Registrar, shall be recorded in the
Examiner?s report in the order in which they are made. Additional sheets
wherever necessary shall be add to the Examiner?s Report.
The Examiner?s Report
and all endorsements, notes, orders, etc., thereon shall form part of the
record and all parties to the appeal petition or other proceeding to which the
report relates shall be entitled to inspect the same and to receive certified
copy of the same.
If the papers are
re-presented without the defects pointed out or the requisition made by the
Registrar corrected or complied with or after the expiry of the period allowed
by the Registrar or after the aggregate period of six weeks mentioned in rule
14 of the Chapter has elapsed, the papers shall be placed before the Chief
Justice or such other Judge as he may nominate for the purpose for orders.
When all defects
pointed out have been corrected and requisitions made have been complied with
and all the papers are finally found to be in order, the appeal, petition or
other matter shall be admitted to the register and numbered.
CHAPTER ? XIII Issue and Service of Notice
????????
When cases are
admitted and notice to respondents directed therein, the Registrar shall cause
notice to issue in appropriate forms prescribed for the purpose, signed by the
Registrar and sealed with the seal of the Court. Every such notice shall be
accompanied by a copy of the memorandum of appeal or petition or similar
principal pleading in the matter to which the notice relates.
All notices issued
shall be entered in the respective appeal, petition or other proceeding in
which they are issued and shall specify the day fixed for the hearing of the
matter or for respondent?s appearance. Such day shall be fixed with reference
to the current business of the Court, the place of residence of the respondent
and the time necessary or service of the notice so as to allow the respondent
sufficient time to appear and answer the appeal, petition or application in
which the notice was issued.
[81][
Unless the Court or
these rules otherwise directs or provide appearance by a party served with
notice shall not be later than thirty days in the case of appeals; ten days in
the case of petitions and applications from the date of service and in the case
of emergent notice appearance by a party shall be within five days from the date
of service of such notice.]
Every notice to
respondent shall declare that if he does not appear on the day fixed in the
notice, the appeal, petition or other matter in which the notice is issued will
be proceeded with and heard in his absence.
Notice shall be
served in the manner prescribed in the Code of Civil Procedure for the service
of summons upon a defendant in a suit subject as hereinafter provided for.
[83][Rule - 5- A.
(1) [
When the service is to be effected on a Government servant, the Court may, on
an application made for the purpose, direct that the notice shall be sent to
such Government servant through the Head of the Department concerned (to whom
such notice may be forwarded by registered post) for service. The party seeking
such service shall furnish, along with his application, postal covers
containing the correct name and designation of the Government servant and of
the Head of the Department concerned on whom service is to be effected, and
also the postage stamp sufficient to cover registration charges.]
???????????
(2) [In all matters in
which the court directs the issue of notice to the Union of India or to any
State Government or to any of its authorities, the petitioner/applicant shall
specify the proper department of the Union of India or the State Government, as
the case may be, on whom the notice is required to be served. The notice shall
be served on the appropriate department and additionally on the Standing
Counsel/Advocate of the Union Government or the State Government concerned
alongwith a copy of the petition with its annexures. In addition to the usual
mode of service, the petitioner may make a request to the Registrar for service
by hand delivery on the appropriate department and Standing Counsel/Advocate.
The Standing Counsel/Advocate of the Union of India or the State Government
concerned shall obtain necessary instructions from the appropriate department
or authority.]
In all pre-decree
cases, notice shall be served on the Advocate or other legal practitioner
appearing for the party in the main proceeding pending in the lower Court out
of which the appeal, petition or other matter arises. When such an Advocate or
Legal Practitioner appears for more parties than one in such proceeding,
service under this rule on the said Advocate or practitioner shall be made on
behalf of all the parties for whom the said Advocate or practitioner appears.
Service under this rule shall be deemed to be sufficient service as if it had
been made on the party direct.
In all Interlocutory
Applications or matters before the High Court service of notice on parties
represented by Advocate in the main case shall be made on Advocates representing
the parties in the main appeal, petition or matter in the High Court as
provided for in Chapter X of these rules. The provisions of the said Chapter as
to service of notice shall apply in all interlocutory matters unless otherwise
ordered by Court in any particular case.
Where a party appears
through an Advocate in the High Court, his address for service shall be that of
the Advocate and all notices and processes in the appeal, petition or other
matter and all Interlocutory Applications therein shall be sufficiently served
if left by a party or Advocate or by a person employed by the Advocate or by an
Officer or employees of the Court between the hours 10 a.m. and 5 p.m. at the
address for service of the party to be served.
Rule - 9.
????????
Unless otherwise
directed by Court, every notice issued in respect of proceedings in the High
Court, other than those which may be served on Advocates under the provisions
of rule 7 of this Chapter, shall be sent in the first instance by registered
post. Provisions of rule 4 of Order XLI-A of the Code of Civil Procedure shall
apply to notices issued under this rule.
In all appeals or
revision petitions against Interlocutory Orders of subordinate Courts if an
interim order is passed by the Court on any application made in the appeal or
revision petition with a direction to issue notice to the respondents in the
application, notice shall be issued simultaneously fixing the same date of
hearing or for appearance both in the application and for the appeal or
revision petition on payment of a single process fee in respect of the
respondents common to both the application and the appeal or revision petition
and separate process fee in respect of the respondents who are parties to the
appeal or revision petition but not parties to the application. Unless the
Court otherwise directs the appeal or revision petition and the application
shall be posted together for final disposal within 20 days after the service of
notice on the parties.
When a date is fixed
for hearing or appearance and is specified in the notice, the matter in which
the notice was issued shall not be posted before the said date. When notice has
been served and service is held sufficient, no further notice of posting or
adjournments shall be necessary except through publication in the cause lists
and on the Notice Board of the Court in accordance with the provisions of
Chapter XV of these rules.
When notice issued to
a party through Court is returned unserved, an intimation of that fact shall be
given on the Notice Board of the Court. Such intimation shall be put upon the
Notice Board on the first working day of every week and shall contain the
following particulars:-
(i) the number of the
proceeding on the file of the High Court;
(ii) the name of the
Advocate of the party at whose instance the notice was issued;and
(iii) the name of the party
not served and the reasons for non service.
?
Unless a different
period is fixed by the Registrar which shall be noted in the said intimation,
the party or his Advocate at whose instance the original notice was issued,
shall, except when the notice has not been served because the respondent is
dead deposit into Court further process fee for the service of fresh notice and
shall give particulars necessary for serving it within 10 days from the date on
which the intimation is put up on the Notice Board. If fresh notice is also
returned unserved, the same procedure shall be repeated.
If a notice issued to
a party through Court is not served in the ordinary way on three occasions, the
matter shall be posted before the Registrar for further orders. If the
Registrar is satisfied that the party intended to be served is keeping out of
the way for purposes of evading notice, or that for any other reason the notice
cannot be served in the ordinary way, the Registrar may order substituted
service in the manner prescribed by the Code of Civil Procedure. The party or
Advocate at whose instance the notice was issued shall be at liberty to make an
application supported by affidavit for substituted service even if three
attempts at service is the normal way have not been made and the Registrar may,
if he is satisfied as aforesaid, order substituted service.
The provisions of
this Chapter shall apply mutatis mutandis to notice issued in respect of
references made to the High Court.
Where several minors
are represented by a single guardian, a single process fee shall be charged for
service on all such minors. Where a guardian of a minor party or parties is
himself a party to the proceeding, a single process fee shall be charged for
both the minor party or parties and the guardian in his personal capacity.
No process fee shall
be charged for notices issued in respect of Criminal Appeals or references or
revisions except in cases of appeals or revisions against acquittal at the
instance of private complainants or parties.
No process fee shall
be charged for notice issued in respect of references other than those
mentioned in the last rule where the reference is made by a subordinate Court
suo motu and if made on the application of a party, the said party shall pay the
process fee for notices issued in respect of such references.
CHAPTER - XIV
Preparation of Records of Cases
????????
After cases are
admitted and notice directed to respondents, steps will be taken to prepare the
records of cases for hearing.
Notices or
requisitions to subordinate Courts for transmission of papers to the High Court
under or in the manner prescribed by rule 13 of Order XLI of the Code of Civil
Procedure shall be prepared and signed by the Registrar.
Unless the Court
otherwise directs it shall not be necessary to call for records from
subordinate Courts before a case is admitted.
In case of appeals or
revision petitions preferred against interlocutory orders made by subordinate
Courts prior to decree or prior to final disposal of the matter pending before
the said subordinate Court, only the papers relating to the particular
interlocutory matter need be called for, and unless stay of proceedings is
ordered by the High Court, it shall not be necessary to call for any other
papers relating to the main proceeding pending on the file of the subordinate
Court; If reference to any such other paper is necessary the parties requiring
the same shall produce certified copies thereof.
?
[89][
(1) Printed or
Typewritten or Cyclostyled copies shall be prepared for use of Court and the
parties at the hearing of cases of all material papers as hereinafter provided.
The copies so prepared are called the paper book of the case. The printing or
typing or cyclostyling shall be made on substantial transparent-foolscap folio paper
with an outer margin of about 1.5 inches and inner margin of about 1 inch and
separate sheet shall be stitched together bookwise. The pages shall be
consecutively numbered and printing or typing or cyclostyling shall be on both
sides of the paper. Every 10th line on each page shall be numbered.]
(2) No paper book need be
prepared in appeals and revisions against interlocutory orders. Parties
desiring to refer to any paper shall file into Court two typed copies thereof
and furnish one such copy to every Advocate preparing in the case.]
The paper book shall
consist of two Parts. Part I comprising the principal pleadings of the case
including judgments and orders of subordinate Courts and Part II comprising the
evidence in the case both oral and documentary.
(1) In Civil cases the
following paper shall be included in a paper book. These papers are hereinafter
called compulsory papers:-
(a) In Regular [First
Appeals]:-
Plaint, written
statement, reply or rejoinder, if any, issued unless they are fully set out in
the judgment in the suit, judgment and decree in the suit and the memorandum of
appeal to the High Court.
(b) In [Regular
Second Appeals]:-
Plaint, written
statement, reply or rejoinder, if any, appeal to the lower appellate Court,
judgment and decree of lower appellate Court and memorandum of Second Appeal.
(c) In Miscellaneous
First Appeals [*
*].
All papers
corresponding to those set out in clause (a) with reference to the original
proceedings in which the order is passed.
(d) In Miscellaneous
Second Appeals [*
* *]
All papers mentioned
in clause (c), memorandum of appeal to lower appellate Court, judgment and
order of lower appellate Court and the memorandum of appeal preferred to the
High Court.
(e) In Civil Revision
Petitions:-
The judgments and
orders set out in rule 3 of Chapter VII of these rules and the Memorandum of
the Petition to this Court.
(f) In other Civil
Petitions or References:-
?
Such papers selected
by the Registrar by applying clauses (a), (b), (c) or (d), as the case may be,
mutatis mutandis.
(2) (i) Schedule to
plaints, written statements or other similar pleadings may be omitted from
compulsory papers unless they have a bearing on the matters in dispute in the
appeal or petition, as the case may be, and are required by the parties to be
included in part I.
(ii) Schedule to
decrees may be omitted unless the Registrar considers that they are necessary
for the disposal of the appeal or petition, as the case may be, or the parties
require the same to be included.
(iii) In Partition
Suits the Registrar shall decide whether the reports of Commissioners appointed
for effecting partitions shall be included among the compulsory papers.
(iv) Parties may
require that the Judge?s notes or order sheet or roznama or similar record
showing the progress of proceedings in subordinate courts should be included in
Part I.
(v) Memorandum of
Cross-Objections, if any, shall be annexed to Part I.
(3) (a) Papers to be
included in Part II shall be such as the parties required to be so included.
(b) It shall be open
to the parties to select only portions of a document to be included in Part II
of the paper book and omit rest of the document, subject to clauses (c) and (d)
of this sub-rule.
(c) Where a question
of interpretation of any document or clause thereof is involved in an appeal or
petition either the whole of that document or such portion thereof as has a
bearing on the question of interpretation shall be included.
(d) When oral
evidence of any witness is sought to be included the entire evidence of such
witness shall be included, provided that where any portion of the oral evidence
of any witness given in another case is marked as an exhibit it would be
sufficient to include that portion only.
[(e) The party filing
the list of papers to be included in Part II, shall serve a copy of the same to
the other party/parties before such filing]
In Criminal Appeals
and References for confirmation of a sentence of death, charge- sheet, judgment
or orders to the Jury and memorandum of appeal or reference, as the case may
be, shall be included in Part I and the entire evidence oral as well as
documentary shall be included in Part II.
In Criminal Revisions,
Judgments and Orders mentioned in rule 3 Chapter VII and the memorandum of
petition to this Court shall be included in Part I, and Part II shall consist
of such papers as the parties may require to be included therein.
In other criminal
matters the Registrar shall decide what papers shall be included in Part I by
applying the provisions of this rule mutatis mutandis and Part II shall consist
of such papers as the parties may require to be included therein.
Rule - 9.
????????
Every paper book
shall be provided with an Index or list of contents. The documents included in
Part II shall be arranged in chronological order mixing up the papers pointed
out by several parties to the proceeding provided that where any correspondence
relating to a particular matter or papers relating to any particular proceeding
in subordinate Courts are included such correspondence or such papers may be
clubbed together separately in chronological order.
[101][Rule - 10.
[ x x x ]
[102]Rule - [11.
[ x x x ]
[103][Rule - 12.
In civil cases parties
may apply to exclude any of the compulsory papers from the paper book and the
Court may pass such order as it thinks fit on such applications on such terms
and conditions as it may deem fit to impose. If such petitions are uncontested
they may be disposed of by the Registrar]
Printing and typing
in all criminal matters shall be free of cost to the parties, except in appeals
or revisions against acquittal by private complainants or parties in which the
appellant or petitioner shall pay the charges.
In cases where the
paper book is to be typed or is permitted to be printed privately parties
themselves may prepare the paper book. In such a case they shall furnish for
use of Court such number of copies as are required by these rules to be
prepared for use of Court and also furnish free of cost one copy of the paper
book prepared by them to every Advocate appearing in the case and file into
Court their written acknowledgment for having received such copies.
Except in cases where
the parties themselves undertake to file or are permitted by Court to file
paper books typed and prepared by them, all printing shall be done by or under
the supervision of the Registrar and all typing shall be done in the office of
the Registrar.
(1) In every case where
printing or typing is done through Court, the appellant or petitioner shall
within 10 days of the date on which the admission of the case as put up on the
notice board deposit into Court the amount mentioned below together with a
memorandum that he proposes to point out the papers to be included in Part II
of the paper book. Every respondent shall file into Court within 10 days of
entering appearance a memo stating that he proposes to point out the papers to
be included in Part II of the paper book.
(2) The amounts referred
to in sub-rule (1) shall be the following:-
|
|
|
Rs.
|
|
(a)????? In [Regular
First Appeals and
Regular Second
Appeals]
|
?
|
25
|
|
(b) In [Miscellaneous
First Appeals
|
?
|
15
|
|
(c)????? In Civil Revision Petitions
|
?
|
10
|
|
(d)??? In Criminal matters where the papers are
to be printed or typed at the
expenses of the party.
|
?
|
25
|
|
(e)????? In other
cases
|
?
|
10
|
Rule - 17.
(1) As soon as may be
practicable after the memorandum referred to in the last preceding rule has
been filed into Court, the Registrar shall issue to the party filing the memo a
notice to point out the papers which he requires to be included in Part II of
the paper book fixing a time within which to do so.
[Every party so
pointing out shall lodge in the office three copies of a list of papers pointed
out by him; every other party shall be entitled to inspect the said list and
take one copy out of these so lodged; when two of the copies lodged have been
taken away every party coming into inspect thereafter will be entitled to make
out and take a copy thereof.]
(2) After the pointing
out is completed the Registrar shall prepare and serve on the party pointing
out or his Advocate an estimated bill for preparing the papers pointed out by
him, fixing a time within which the amount shall be paid which time shall not
be less than thirty days in the case of appeals and fifteen days in other
matters.
Preparation of the
papers pointed out by parties for inclusion in Part II of the paper book shall
not be taken up unless the estimated bills therefor have been paid by the
parties concerned.
(1) Wherever any paper to
be included in the paper book is not in the language of the Court it shall be
translated into the language of the Court at the expense of the appellant or
petitioner if it is a compulsory paper or a paper pointed out by him for
inclusion in the paper book and in other cases at the expense of the party who
requires it to be included in the paper book:
[Provided that it
shall not be necessary to translate into English documents and other papers
which are in Kannada.]
(2) The Court may on
application made by any party in its discretion direct that any document
required to be translated by this rule need not be translated.
(1) Wherever a paper has
to be translated under the last preceding rule, the translation shall be done
by any of the official translators of the Court.
(2) Notwithstanding what
is stated in sub-rule (1), the Chief Justice may appoint any Advocate as an
authorized translator and parties if they so desire may get any paper required
to be translated by these rules translated by such authorized translator
provided that no authorized translator shall translate any document in a case
in which he appears for any party.
(1) The Registrar shall
in each case determine the minimum number of copies of the paper book to be
prepared for use at hearing. Such number shall comprise sufficient number of
copies for use of Court (which shall be atleast two more than the number of
Judges constituting the Appropriate Bench in relation to the case) and copies
which the parties are entitled to receive under sub-rule (2) of this rule. The
number so determined is hereinafter referred to as the standard number.
(2) Every party to a case
who has entered appearance within the time limited therefor shall be entitled
to receive one copy of the paper book, provided that where several parties are
represented by a single Advocate only one copy shall be supplied to such Advocate
unless the Registrar in his discretion directs that he be supplied with more
copies than one.
(3) Advocates requiring
additional copies should state the number in the Memos filed under rule 16(1)
of this Chapter.
Rates of charges for
printing, typing and translating of papers and documents both under this
Chapter and Chapter XIX shall be such as may be prescribed from time to time.
(1) Calculation of the
cost of preparing the paper book and the levy of charges in respect of it shall
be governed by the provisions of this rule.
(2) Cost of preparing
each paper or document shall be first calculated separately. It shall comprise
(a) cost of composing the text for printing the first copy, (b) cost of paper
necessary to print standard number of copies thereof, and (c) charges of
translation, if any.
(3) Cost of one
additional copy of the entire paper book shall be calculated separately. It
shall comprise only the cost of paper and printing and shall not include the
cost of composing the text for printing and charges for translation.
(4) The appellant shall
be required to pay the cost calculated under sub-rule (2) of preparing every
paper or document included in Part I of the paper book (other than cross-
objections) and of preparing every paper or document pointed out by him for
inclusion in Part II of the paper book. On payment of the total cost so
calculated he shall be entitled to receive one copy of the entire paper book.
(5) The respondent shall
be required to pay the cost calculated under sub-rule (2) of preparing every
paper or document pointed out by him for inclusion in Part II of the paper book
and of preparing the memorandum of cross-objections if any filed by him. On
payment of the total cost so calculated he shall be entitled to receive one
copy of the entire paper book. If he has not pointed out any papers and has not
filed any cross-objections he shall be entitled to one copy of the entire paper
book free of cost.
(6) Parties requiring
copies of the paper book in addition to the first copy shall pay for every such
additional copy the cost thereof calculated under sub-rule (3).
(7) The provisions of
this rule shall apply to typing of the paper book with the following
modifications, namely that there will be no item corresponding to ?composing
the text for printing?, and in calculating the cost of typing for additional
copies the rate shall be one-fourth the rate for typing the first copy.
If the amounts paid
under rule 16(2) and on estimated bills under rule 17(2) fall short of the
actual cost of the copy or copies of the paper book required by a party, the
copy or copies shall be issued only on the party paying the short fall for
which a bill shall be issued to the party. If the amounts already paid are in
excess of such actual cost, the excess shall be refunded to the party.
(1) An Advocate shall be
personally responsible for payment of charges in respect of compulsory papers
of Part I and of the other papers pointed out by him for inclusion in Part II
of the other papers pointed out by him for inclusion in Part II of the paper
book for his client.
(2) The Registrar may
refuse to issue paper book in any case to an Advocate who has not paid any of
the charges in respect of any case which he is personally responsible to pay
under sub-rule (1).
[112][Rule - 26.
?
?[x x x x x]
Rule - 27.
?In regard to cases transferred to this Court
under the provisions of section 62 of the States Reorganisation Act:
(a) The rules, contained
in this Chapter shall not apply if the paper book has already been prepared
before they were so transferred.
(b) The application of
all or any of the rules contained in this Chapter may be suspended or dispensed
with by the Court or the Registrar if the preparation of the paper book had
been commenced but not completed before they were so transferred.
(c) All the rules
contained in this Chapter shall apply in cases not falling under clauses (a)
and (b).
CHAPTER ? XV Postings and Adjournments of Cases
????????
A list of all cases
admitted either by the Registrar or by the Court shall be put up on the Notice
Board of the Court and such list shall contain the following particulars:
(a) Number of the case on
the file of the Lower Court;
(b) Number of the case on
the file of the High Court;
(c) And the name of the
Advocate or the party presenting the same.
Cases shall
ordinarily be posted for admission within a fortnight of presentation if the
papers are in order. A list of such case shall be put on the Notice Board of
the High Court giving the same particulars as are mentioned in the last
preceding rule. Such cases shall not be posted for admission before the expiry
of three clear days from the date on which the list referred to in this rule is
put up on the Notice Board of the Court. This rule shall not apply to cases
where emergent applications are filed and such applications and the main cases
are to be posted emergently, or to writ petitions which shall ordinarily be
posted within three days of their presentation, if the papers are in order.
Cases are said to be
ready in notice when all the parties to whom notices directed have been served
and the time limited by such notices for entering appearance has expired. Cases
are said to be ready for hearing when they are ready in notice and records
called for from the Lower Court have been received and the paper book in
accordance with the provisions of Chapter XIV has been prepared.
On the first working
day of every month the Registrar shall cause to be put on the Notice Board of
the Court a list of cases made ready for hearing, during the immediately
preceding month. The cases in the list shall be arranged in the order of their
denoting numbers. The list of ready cases so put up on the Notice Board every
month shall be added at the bottom of such cases put up in the immediately
preceding month. Such list is called ?Ready List?.
Cases selected out of
the ?Ready list? for being posted for disposal in accordance with the rules
hereinafter contained shall be transferred to a list called the ?Warning List?
and the said list shall be put upon the Notice Board of the Court. The cases
included in the ?Warning List? shall not ordinarily be posted for disposal
unless atleast one week has elapsed excluding the day on which the ?Warning
List? is put up on the Notice Board.
Cases transferred
from the ?Warning List? and posted for disposal shall be included in the ?Daily
List? which list shall be divided into as many parts as there are Benches and
shall bear the date of the day on which the cases are posted for disposal, the
name or names of the Judges constituting the Bench before whom they are posted
for disposal and the number of the Court Hall in which the Bench would be
sitting.
(1) Subject to the rule
as to priority set out in sub-rule (2) of this rule and subject to special
directions, if any, given by the Chief Justice or the Appropriate Bench, cases
shall be transferred to the ?Warning List? in the order in which they appear in
the ?Ready List? and to the ?Daily List? in the order in which they appear in
the ?Warning List?.
(2) The following cases
shall be deemed to be urgent cases and shall be given priority in the matter of
posting for disposal-
(a) Cases in which
hearing has been directed to be expedited or advanced.
(b) Cases in which there
is stay of proceeding or of execution of a decree or order.
(c) Cases the pendency of
which causes delay in the disposal of cases pending in Subordinate Court.
(d) Appeals or matters
arising out of proceeding in execution of decrees or orders.
(e) Appeals in probate
and succession cases.
(f) Appeals in Land
Acquisition Cases.
(g) Of quasi criminal
nature such as Contempt of Court.
(h) Writ Petition.
(i) Among Criminal Cases
? Appeals against sentence of death or reference for confirmation of such
sentence.
(j) Matrimonial cases.
(3) Unless the Bench
directs otherwise or adjourns any case, cases posted in the ?Daily List? will
be called in the order in which they appear in the list, and the undisposed of
cases will continue on the list day-to-day unless an appropriate Bench is not
sitting on any day. All cases added to the ?Daily List? shall, subject to
directions of Court, if any, be added at the bottom of the undisposed of cases
on the list.
(1) All cases which
remain part-heard at the end of any day shall be posted before the Bench which
heard it on the day when the Bench is sitting next after the said day at the
top of the list subject to miscellaneous matters posted before the same Bench.
(2) When a part-heard
case cannot be taken up for some reason or other for a period of one month or
more the Bench which originally heard it may direct that the same be not
treated as part-heard case.
(3) When a part-heard
case cannot be taken up for a period of one month or more consequent upon the
absence, retirement or death of one or more of the Judge, who originally heard
it the Chief Justice may direct that the same be not treated as a part-heard
case.
Rule - 9.
????????
When any case is
directed by a Bench to be posted at the expiry of a particular period or on a
particular day, as the case may be, such case shall be posted immediately after
the expiry of the said period or on the said date, as the case may be, at the
top of the list subject to miscellaneous matters and part-heard cases whether
or not the hearing of the case can be taken up that day and then the same shall
be dealt with as directed by the Bench before which it is so posted.
(1) Interlocutory Applications
shall be posted for preliminary or interim orders ordinarily within a week of
their presentation.
(2) Interlocutory
Applications shall be posted for disposal ordinarily within a week from the day
fixed for hearing or for appearance, provided notice has been served.
(3) Applications which
are ripe for posting under sub-rule (2) shall be exhibited on the Notice Board
on the last working day of every week and such applications may be posted
before Court during the following week.
(4) When an Interlocutory
Application is posted before Court, the pleadings bundle in the main case shall
also be taken to Court.
Cases posted in the
?Daily List? for hearing and disposal can be adjourned only by a Bench before
which they are posted and any request for such adjournment shall be made in
open Court before the said Bench.
When findings called
for from Subordinate Courts are received, intimation of such fact shall be
given on the Notice Board of the Court. The time for filing objections to findings
shall be calculated from the date on which such intimation is put on the Notice
Board. Unless the Court has fixed a time for filing objections such time shall
be 15 days.
CHAPTER ? XVI Judgments, Decrees and Orders
In connection with
each appeal, petition or other matter in the High Court, there shall be
maintained an order sheet in the prescribed form in the manner provided in this
Chapter.
[114][Rule - 2
(1) The order sheet in
every case shall contain two parts.
(2) In the top portion of
Part I in every case the names of the parties and the names of the Advocates
appearing for the parties shall be specified. Immediately below the top portion
of Part 1, each page shall be divided into two vertical columns. The left hand
column shall be used for office notes and orders of the Registrar, in all
matters connected with the case (including Interlocutory Applications), other
than matters falling under Part II.
(3) Part II of the order
sheet shall consist of two separate divisions,-
A.
Process
matters; and
B.
Preparation
of records of the case.
Part II shall contain
the office notes, orders of the Registrar in all matters in relation to the
service of processes and the preparation of records of the case.
Note: Wherever an
order is made by the Registrar on any Interlocutory Application there shall be
a note made to that effect, in the left hand column of Part I of the order
sheet.
The order sheet be
maintained as a separate file and shall be sent to the Court every time the
case is posted before Court for any purpose. Each part of the order sheet shall
be maintained in chronological order and the page thereof shall be serially
numbered. At the top of the front page of every sheet of the order sheet, the
name of the High Court and the nature and number of the case shall be entered.
It shall also be necessary to enter in the left hand column of the order sheet
the names of the Advocates and parties appearing in person at every hearing. At
the top of the first page of Part I of the order sheet in every Miscellaneous
Appeal and every Criminal Appeal which under the provisions of the Karnataka
High Court Act, 1961, may be heard by a single Judge, there shall be written or
printed the words "Single Judge".
In addition to the
order sheet, there shall be maintained in every case a progress sheet in which
the following particulars shall be entered:-
(i) the name of the High
Court;
(ii) the nature and number
of the case;
(iii) the names of the
parties and their Advocates arranged according to their rank in the cause title
of the case;
(iv) the date of
presentation;
(v) the date on which the
case was registered and numbered;
(vi) the date of admission
of the case;
(vii) the date on which the
case was put up on the 'Ready List'.
(viii) the date on which it
was put up on the 'Warning List';
(ix) the date on which it
was first posted on the 'Daily List';
(x) the dates on which
the case was heard; and
(xi) the date of pronouncement
of judgement or order']
After a case has been
heard, judgment may be pronounced either at once or on some future date after
notice to the parties or their Advocates which notice shall ordinarily be given
by putting up the case on the Daily Cause List for judgment.
(1) Where a case is heard
by two or more Judges and judgment is reserved, the judgment or judgments
prepared by them may be pronounced by any of the Judges who heard the case.
(2) If no such Judge be
present such judgment or judgments may be pronounced, by such other Judge as
the Chief Justice may nominate for the purpose. This sub-rule shall also apply
to the judgment of a Judge sitting alone.
After the judgment so
pronounced has been signed as required by the Code, the seal of the Court shall
be affixed to it and the Registrar shall cause to be prepared and attached to
the judgment a sheet entitled ?In the High Court of Karnataka at Bangalore?
giving the nature and number of the case, the name or names of the Judge or
Judges who pronounced the judgment, the cause title of the case, a statement of
the date or dates on which the case was heard by the Bench with the names of
the Advocates and parties appearing in person at the hearing of the case.
When the record of
the judgment is completed as provided in the last preceding rule it shall be
deemed to be a final judgment of the Court of which copies could be supplied to
the parties or their Advocates, but copies shall not be supplied until the
decree or formal order thereon is drawn up or completed, as hereinafter
provided.
[Exception.- The
Registrar may direct issue of copies of judgments or orders to recognized
Reporters or representatives of Law Reporters even before the decree or formal
order is drawn up.]
Rule - 9.
????????
A decree or formal
order shall be prepared or caused to be prepared by the Registrar in accordance
with the judgment as early as may be practicable after the date on which the
judgment is deemed to have become final.
(1) The decree shall bear
the same date as the judgment and shall be drawn up in accordance with the
judgment. It shall also contain all the particulars required to be entered in
the sheet attached to the judgment under rule [7]
.
(2) The decree shall also
contain a memorandum of costs awarded by the Court.
[x x x x x]
(1) As soon as the draft
of the decree is completed a notice shall be exhibited on the Notice Board of
the Court stating that the decree or formal order is ready for signature and
the same may be inspected by the Advocates or parties.
(2) Any of the Advocates
appearing in the case may within three days of the date on which the notice is
exhibited under the last preceding sub-rule inspect the draft of the decree or
formal order in the office of the Registrar. If they approve of the draft they
shall endorse their approval thereon in writing. If they have any objections to
make to the draft they shall attach a memo in writing setting out their
objections.
(3) If any objections are
taken to the draft prepared by the office, the draft together with the
memoranda of objections of the Advocates shall be placed before the Registrar
who after hearing them may make such corrections or alterations in the draft as
may in his opinion be necessary in the light of the objections made.
(4) At a hearing referred
to in the last preceding sub-rule the Registrar may either on his own motion or
at the request of any party direct that the papers may be placed before the
appropriate Bench for a consideration of the objections; the orders of the
Bench made after hearing the objections as to the draft of the decree shall be
final and the draft shall if necessary, be amended in accordance with such
order.
If no objections are
taken to the draft of the decree or formal order within the period prescribed
and if objections are taken after they have been heard and disposed of in the
manner provided therein, the decree or formal order shall be signed by the
Registrar and sealed with the seal of the Court. The decree or formal order
shall then be deemed to be ready for copies thereof being supplied to the
parties.
In the case of
Interlocutory Applications formal orders for communication to the Subordinate
Courts or for furnishing copies to the parties shall be drawn up expeditiously.
The rules of this Chapter regarding the formal parts of judgments and decree
shall apply as far as may be to the orders in the nature of judgments and
formal orders in the nature of decrees pronounced or made on Interlocutory
Applications.
[122][CHAPTER - XVI-A COSTS
In this Chapter,
?Pleadings? shall include Memorandum of Appeal, Cross- Objection, Original
Petition, Application, Counter Statement, Reply, Rejoinder and every statement
setting out the case of a party.
If in any judgment or
order of the High Court there is no direction regarding costs, it shall be
deemed that the Court has directed the parties to bear their own costs. In such
cases and in the cases in which the Court directs the parties to bear their own
costs, it shall not be necessary to append to the decree or order a Memorandum
of Costs.
Costs shall, unless
the court otherwise directs, be calculated according to the rules contained in
this Chapter and there shall be a memorandum appended to the decree or order
setting out the particulars of the costs and indicating the party by whom and
the party to whom the same should be paid.
Taxation of Costs.-
In all Civil Cases
costs awarded to a party include-
(i) Court-fee paid on -
(a) the pleadings of the
party;
(b) the documents
(including certified copies) required to be produced with the pleadings and
produced by him;
(c) the vakalath filed by
him;
(d) the processes issued
on his behalf or at his instance; and
(e) the documents
(including certified copies) subsequently filed by him and exhibited in the
case.
(ii) Batta to witnesses
summoned on his behalf, if any, who have appeared and given evidence;
(iii) Cost incurred in
obtaining certified copies of judgment and decree or order appealed from or
against which the revision is preferred as the case may be;
(iv) Costs incurred in
interlocutory matters which are made costs in the cause;
(v) Expenses and charges
paid or incurred by a party in respect of the paper book of a case excluding
the cost of additional copies purchased by him; and
(vi) Fee actually paid by
him to his Advocate or Advocates not exceeding the amount calculated according
to the next succeeding rule;
Provided that such
fee shall not be included in the costs, if he has not filed within 8 days of
the date of judgment or order or such further period as may be allowed by the
Court, a certificate by the Advocate or Advocates, as the case may be,
certifying that the fee has been received by him or them:
[Provided further
that in the case of a pleader appearing for the Government or other public body
or authority or any corporation, a certificate by him that he is assured of the
receipt of such fee shall be sufficient.]
Advocates? fee to be
included in the costs awarded to a party in any Civil Appeal or other Civil
Proceedings in the High Court shall be computed in the manner prescribed in
these rules:
(i) In Regular First
Appeals and in Regular Second Appeals the fee shall, subject to a minimum of
Rs.100 in Regular First Appeals and Rs.50 in Regular Second Appeals, be
calculated on the value of the subject matter in dispute in the appeal,
according to the following scales :-
(1) On the first sum of
Rs. 5,000 at 5 per cent. On the next sum of Rs.10,000 at 3 per cent. On the
next sum of Rs.10,000 at 2 per cent. On the next sum of Rs.20,000 at 1 per
cent.
(2) On the balance
remaining thereafter, at ? per cent.
(ii) In execution Appeals,
the fee payable shall be one third of the fee which would have been payable, if
the appeal had been a regular appeal, subject to a minimum of Rs.50 in First
Appeals and Rs.25 in Second Appeals.
(iii) In Revision Petitions
against decrees of Courts of Small Causes, the fee shall be 3 per cent of the
amount in dispute in the revision petition subject to a minimum of Rs.25.
(iv) In appeals against
interlocutory orders the fee shall be Rs.50 and in Revision Petitions against
interlocutory orders Rs.25.
(v) In other proceedings
the fee shall be such as may be fixed by the Court, regard being had to the
time occupied in the preparation and hearing of the case and the nature of the
questions raised therein, but subject to the minima and maxima prescribed hereunder:-
|
Nature
|
of the
proceedings, whether
|
|
Minimum
|
Maximum
|
|
|
|
Original, appellate or revisional
|
|
Rs.
|
Rs.
|
|
|
(a)
|
Matrimonial Cases
|
?
|
50
|
200
|
|
|
(b)
|
Guardian and Ward Cases
|
?
|
50
|
200
|
|
|
(c)
|
Election
Cases
|
?
|
100
|
1,000
|
|
|
(d)
|
Tax Matters
|
?
|
100
|
1,000
|
|
|
(e)
|
Land Acquisition Cases
|
?
|
100
|
1,000
|
|
|
(f)
|
Probate or succession matters
|
|
|
|
|
|
|
if uncontested
|
?
|
50
|
250
|
|
|
|
Probate
or succession matters if contested
|
?
|
100
|
1,000
|
|
|
(g)
|
Insolvency Cases
|
?
|
100
|
1,000
|
|
|
(h)
|
Arbitration Cases
|
?
|
50
|
1,000
|
|
(i)
|
Other Miscellaneous Matters ?
|
|
50
|
250
|
|
(j)
|
Interlocutory Matters???????????? ?
|
|
25
|
50
|
|
|
|
|
|
|
|
|
|
|
|
If, in any case
coming under this sub-rule, the Court orders costs without fixing the same, the
Court shall be deemed to have awarded the minimum prescribed.
(i) If in any case before
the High Court, the Court while awarding costs, certifies for two Advocates,
the costs, shall include one Advocate?s fee calculated according to this rule
and 1/3rd thereof as fee for the Second Advocate.
(ii) If several
respondents who have joint or common interest succeed upon a joint defence or
upon a separate defence substantially the same, not more than one fee shall be
allowed unless the Court otherwise orders. If only one fee be allowed, the
Court may direct to which of the respondents it shall be paid and in what
proportion. In the absence of such a direction, it shall be apportioned equally
between the several respondents.
(iii) If several
respondents who have separate interests set up separate and distinct defences
and succeed thereon, one fee, for each of such respondents appearing by a separate
Advocate, may be allowed in respect of his separate interest. Such fee, if
allowed, shall be calculated on the value of the separate interest of such
respondents in the manner herein before prescribed.
(iv) Fractions of a rupee
in the amount or value of the claim shall be ignored in calculating the fee
payable thereon.
In Writ Petitions and
matters under Articles 227 and 228 of the Constitution, costs shall be
exclusively within the discretion of the Court and when the Court makes no direction
regarding costs, the same shall be deemed to have been refused.
Rule - 7.
Nothing in this
Chapter shall apply to Company matters governed by the Company (Court) Rules,
1959.]
CHAPTER ? XVII Copies
(1) Parties to a
proceeding in the High Court shall be entitled as of right to apply for and
receive certified copies of all pleadings, judgments, decrees or orders and all
documents and depositions of witnesses made or exhibited in the said
proceeding.
(2) Persons who are not
parties to the proceeding may be granted such copies only if the Registrar on
being satisfied about the sufficiency and bona fides of the grounds or reasons
on which the applicant requires copies, directs that such copies be furnished:
[Provided that such
verification by the Registrar is not necessary when the application is for
certified copies of Judgements and orders in any proceedings before the High
Court and the applicant seeking certified copy furnished his full address]
(3) [Certified copies may
be prepared either:-
?
(i) by copying on copying
sheet; or any other paper as provided in rules 2A to 2E of this Chapter; or
(ii) by photocopying,
including Photostat, xerox or Repragraph or any other process by which the
original is mechanically or electronically copied representing faithfully the
original]
Applications for
certified copies shall be made in prescribed form giving the nature and number
of the proceeding, the date and full description of the judgment or order or
the document, as the case may be, and shall be signed by the party or his
Advocate.
[Copy application No?????? of 200
No........................................
(to be filled up by
the office)???????? Application for
certified copies
IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
No..............................
of 200????? Pending:
Date of disposal:
Between:
....................................
....................................?? Petitioners/
.....................................
Appellant. And:
......................................
......................................
...................................... Respondent
Name and full address
of the applicant:
Position of the
applicant in the Proceedings
Urgent/
Ordinary Copy Application
It is prayed that the
certified copies of the documents hereunder mentioned may be furnished to
applicant.
Sl. No. Description???? Date
Place:
Date:
?
Produced Copying
sheets/
court Fee Stamps.
Number:??????
Denomination:
?
Signature of the
Person (Known to the Examiner identifying the applicant with his name in block
letters and his address) (Such identification is required in all cases where
the application is not signed by an Advocate. If no such person is available,
the left thumb impression of the applicant should be taken by the Examiner for
identification).
INSTRUCTIONS
(1) The application for
certified copies should contain the Full description of the documents of which
copies are sought and the date of documents.
(2) Application for
certified copies, made by persons who are not parties to the proceeding should
be accompanied by affidavits specifying grounds or reasons on which the copies
are required and stating how the applicants are interested in obtaining the
copies.
(3) If the copy is
required urgently, the application should set out the reasons for the urgency
and the date by which copy is required.
(4) The copy of
application is liable for rejection for indefiniteness, incompleteness and
incorrectness.
(5) Strike off whichever
is in-applicable.]
Rule - 2A.
When an application
for certified of copy any document included in the records called for by the
High Court in connection with an Appeal, Revision or other matter before it,
arising out of any proceeding in a Subordinate Court is made to that Court as
provided in rule 235 of the Karnataka Civil Rules of Practice, 1967, and
forwarded by that Court to the High Court under rule 237 of the said rules, the
number of copying sheets or the amount of copying charges required for
preparing and furnishing the copy shall be intimated to that Court by the Registrar.
When the copying sheets or copying charges called for are received in the High
Court, the copy shall be made without delay and shall be sent by post to that
Court for delivery to the applicant. The expense on postage shall be collected
under rule 235 mentioned above by the said Subordinate Court.
Rule - 2B.
Charges for preparation
of certified copies [otherwise
than by photocopying
shall be calculated at the rate of 35 paise for a folio. A ?folio? means a
group of 175 words. If, however, the entire text to be copied is less than 175
words, the said text shall be treated as one folio. If the total number of
words to be copied, divided by 175, leaves a remainder of less than 175 words,
the said remainder shall also be treated as one folio.
Illustrations.-
1.
The
text to be copied has a total number of 50 words or 100 words or 174 words. In
each case, it is to be treated as one folio.
2.
The
text to be copied has 360 words. It is equal to three folios made up of two
units of 175 words each, and a remainder of ten words, each one of them being
treated as a folio.
Rule - 2C.
Initials prefixed to
names of persons shall not be counted as a separate word or words, but the
entire name together with the initials shall be counted as one word. Where, however,
the name or village or place, surname, father?s name or family name is fully
spelt out, each of such names shall be counted as one word. Where abbreviations
are used for giving the description or number of proceedings or citation of
cases or sections of statutes, five letters shall be counted as one word and
any excess over complete group or groups of five letters included in the
abbreviation, shall be counted as one word although the number of letters in
excess is less than five. For this purpose, each figure shall be deemed to be a
letter. Figures used for indicating ranks of parties in cause title or for a
numbering paragraphs, shall not be counted. In other cases, a group of five
figures shall be counted as one word.
Illustrations.-
1.
?Section
206 C.P.C.? counts as three words i.e., the word ?Section? is one word, ?206
C.P.? is one word and ?C? is one word.
2.
?I.L.R.
3 Bom. 260? counts as two words, i.e., ?I.L.R. 3B? is one word and ?om. 260? is
one word.
3.
?M.O.
Partharsathi Iyengar? will count as two words.
Rule - 2D.
In the case of maps
and plans, etc., a reasonable fee (having regard to the skill labour and time
required for preparing the copy) shall, in each case, be fixed by the Registrar
and deposited cash by the party applying, in the same manner as for a
Commission under the Civil Procedure Code. The whole of such fee shall be paid
to the person employed for preparing the copy who shall use his own material
for that purpose.
Rule - 2E.
(1) Unless otherwise
provided by these rules or any other law for the time being in force, copying
charges shall be paid in the shape of impressed copying sheets of the value of
35 paise each [prepared
under the orders of the State Government or]
in the shape of Court-fee labels on the aforesaid basis. The Registrar may, in
any case, and shall if so directed by the Court, permit payment of such charges
in Court-fee labels.]
(2) Where copying charges
are paid in Court-fee labels; copies [shall
be prepared either by photocopying or on substantial foolscap paper]
and the payment of the charges and the mode of payment shall be certified at
the top of the first sheet by the Examiner over his signature. The Court-fee
labels representing the copying charges shall be affixed to the certified copy
and cancelled in the manner prescribed by law before the copy is delivered or
posted for delivery to the applicant.]
(3) [Charges for
certified copies by photocopying shall be two rupees per foolscap page or any
part thereof or such other rate as the High Court may fix from time to time.]
[148][Rule ? 3
(1) Applications should
be scrutinised and the requisite fee/stamp papers should be determined and made
known to the party/Advocate by notifying on the Notice Board of the copying
section within three days of the receipt of the application.
(2) [The exact amount of
fees or number of stamp papers shall be supplied by the party/Advocate (if not
already paid or supplied) within fifteen days of its being notified as
aforesaid, failing which the application shall be rejected by the Registrar]
If any party requires
copies to be furnished to him emergently he shall affix to his copy application
an additional court-fee of one rupee, state in his application the reasons for
the urgency and obtain the orders of the Registrar thereon. If the Registrar so
directs, copies shall be furnished to the applicant urgently.
On every certified
copy issued following dates shall be entered:-
(a) the date on which the
application was made.
(b) the date on which
charges and additional charges, if any, are called for,
(c) the date on which
charges and additional charges, if any, are deposited,
(d) the date on which the
copy is ready, and
(e) the date on which the
copy is delivered to the applicant.
(f) [the date on which
the applicant is required to appear and the receive the certified copy]
Rule - 6.
Every certified copy
issued by the High Court [shall
be certified by the Examiners to be a true and accurate copy of the original
and shall be sealed]
with the seal of the High Court.
A list of
applications in which copies applied for are ready for delivery shall be put up
on the Notice Board of the court and copies in any application shall be deemed
to be ready on the date on which such list containing the said application is
put on the Notice Board.
Notwithstanding
anything contained in this Chapter no party or person shall be entitled as of
right to apply for and receive copies of or extracts from any minute, letter or
document of any confidential file or of any paper produced before the Court for
use in Writ Petitions which the Court considers to be of a confidential nature
or the publication of which the Court considers to be not in the interest of
the public, except under and in accordance with an order specially made by the
Chief Justice or by the Court.
[155][
Rule - 9.
Notwithstanding
anything contained in this Chapter where the State Government or an Officer of
the State Government is a party in a writ petition the Advocate General shall
on application, be entitled to a free certified plain paper copy of the orders
passed in such writ petition which may be used for filing an appeal, revision
or review.]
CHAPTER ? XVIII Searches and Inspection of Records
The parties or their
Advocates may be permitted to inspect the records of cases which are in the
nature of pleadings on permission granted by the Registrar on oral request made
by the party or Advocate, without payment of any charges for such inspection.
Rule - 2 .
A party desiring to
search or inspect any of the records of a case other than of the nature
described in the last preceding rule shall make an application in writing to
the Registrar either verified or supported by an affidavit stating reasons for
the prayer. Inspection or search shall be allowed under and in accordance with
the orders of the Registrar passed on the application.
When inspection or
search is ordered under the last preceding rule no fee in addition to the
court-fee paid on the application shall be required for the first hour of
search. For every subsequent hour of the search or part thereof a search fee of
one rupee shall be paid by affixing a court-fee label or labels to the
application.
Original records in
the High Court shall not be permitted to be taken out of the premises of the
Court for purpose of search or inspection. All such search and inspection shall
be conducted in the presence of the Record Keeper or an Assistant of his
nominated by him for the purpose.
The Registrar may
permit any Advocate or his registered clerk upon oral request without payment
of any charge to inspect any of the Registers maintained in the Court for
recording the progress of cases.
When inspection or
search is allowed or permitted the party or his Advocate to whom such
permission is granted may read the document or part of the document in respect
of which inspection or search is allowed or may have it read to him and may
make a short memorandum of the date and nature of the document but he shall not
be entitled to make a full copy of the document or verbatim extract therefrom.
If he requires copies he must apply for them as provided for in Chapter XVII.
No party or person
shall be entitled to inspect or search any document or paper of which certified
copies cannot be granted under chapter XVII.
[157][CHAPTER - XIX Appeals to the Supreme Court
????????
Civil appeals on the
certificate of the High Court. Rules contained in this Chapter shall be read as
supplemental to Order XLV of the Code of Civil Procedure, 1908, and to the
Supreme Court Rules and shall not be read in derogation of either of them.
[158][
[XXXX]
[160][
A party desiring to
appeal to the Supreme Court under Article 132 or Article 133 of the
Constitution may apply orally for grant of certificate immediately after the
pronouncement of the judgment by the Court and the Court may grant or refuse
the same.]
[162][
[x x x]
[x x x]
[X X X]
Upon the Court making
an order for the grant of Certificate the office shall issue a Certificate in
Form NO. III of Schedule A appended to this Chapter.
No application for
consideration of appeals will be entertained by this Court. The parties
desiring consolidation of appeals shall be required to move the Supreme Court
for an order in that behalf under rule 5 of Order XLVII of the Supreme Court
Rules, 1966.
Rule - 9.
????????
An application for
amendment of the record of the appeal by adding or substituting parties will
not be entertained by this Court after the date of the order granting the certificate.
The parties desiring such amendment shall be required to move the Supreme Court
in that behalf.
When a party has been
represented at the hearing of the appeal by an Advocate, unless the
Vakalathnama of such Advocate has been cancelled with the leave of the Court,
such Advocate shall accept service of the notice in the following cases, and
the service of notice in such cases on the Advocate shall be deemed sufficient
notice: -
(a) [ x x x]
(b) Notice of lodgment of
petition of appeal under rule 11;
(c) Notice for inspecting
the record and filing the list of documents under rule 13;
(d) Notice for making
deposit for the costs of transmission of the original record, or the
preparation of the transcript, of the record in English and its transmission,
or for preparation and transmission of the printed or cyclostyled transcript of
the record;
(e) Notice of the
transmission of the transcript of the record to the Supreme Court:
Provided that, if the
Advocate served with the notice is unable to communicate it to the party
concerned, he shall inform the Registrar who may thereupon either order the
notice to be served by registered post or through a Court or, if necessary,
obtain directions of the Court.
Rule - 11. On receipt from the Supreme Court of the copy of the petition of appeal the Registrar shall-
(1) cause notice of the
lodgment of petition of appeal to be served on the respondent personally or in
the manner provided under rule 10 above;
(2) unless otherwise
ordered by the Supreme Court transmit or cause to be transmitted to that Court
at the expense of the appellant the original record of the case including the
record of the Courts below; and
(3) as soon as notice as
aforesaid is served, send a certificate- to the Supreme Court as to the date or
dates on which the said notice was served on the respondent or respondents in
Form NO. IV of Schedule A appended to this Chapter.
(1) Where proceedings
from which the appeal arises are in English, the Registrar shall, as soon as a
copy of the petition of appeal is received from the Supreme Court, call upon
the appellant (Vide Form No. V of Schedule A) to deposit in this Court the
necessary amount to cover the costs of the transmission of the original record
of the case including the record of the Courts below to the Supreme Court. Upon
the appellant depositing the amount if the record of the Courts below is in the
High Court, the Registrar shall forward to the Supreme Court the same along
with record of the case in the High Court. If the record of the Courts below is
not in the High Court the Registrar shall direct the Courts below to submit the
records of the case to the High Court for transmission to the Supreme Court and
inform this court of the expenses incurred in such transmission. The Registrar
shall also forward to the Supreme Court the record of the case so far as it
pertains to the appeal in the High Court.
(2) The balance of the
deposit, after meeting the costs of the transmission of the record by the
Courts below as well as this Court, shall be refunded to the appellant.
(3) Any default on the
part of the appellant to deposit the amount to cover the costs of the
transmission of the record as above, shall be reported to the Supreme Court for
orders.
(1) Where the proceedings
from which the appeal arises were had in Courts below in a language other than
English, the Registrar shall, as soon as a copy of the petition of appeal is
received from the Supreme Court, secure the record and proceedings of the case
from the Courts below, if the same are not already in the High Court, and as
soon as the same are received in the High Court, shall issue notices to the
parties calling upon them to inspect the records and proceedings of the case,
if they so desire.
(2) The notice to the
appellant under sub-rule (1) shall also call upon the appellant to file, within
four weeks of the service upon him of the said notice, a list of documents
which he proposes to include in the paper book, after serving a copy thereof on
each of the respondents. The appellant shall also produce an acknowledgement in
writing from each of the respondents that a copy of the list has been served on
him.
(3) The notice to the
respondent under sub-rule (1) above shall also intimate to him the fact that a
notice has already been issued to the appellant for filing the list of
documents, and requiring him (the respondent) to file, within three weeks from
the service of a copy of the list on him by the appellant, a list of such
additional documents as he desires to be included in the paper book.
(4) Any default by the
appellant to file the list as required and within the time prescribed shall be
reported to the Supreme Court for orders.
(5) Notices to the
appellant and the respondent under this rule shall respectively be in Forms No.
VI and VII of Schedule A appended to this Chapter.
After the expiry of
the time fixed for the filing of the list of additional documents by the
respondent, the Registrar shall fix a day for the settlement of the list
(hereinafter referred to as the Index) of documents to be included in the
transcript of the record of the appeal and shall notify the same on the notice
board of the Court and to the counsel, if any, appearing for the parties. No
separate notices will be issued to the parties. In settling the index, 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 records as far as practicable.
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
transcript of the record as finally prepared shall, with a view to subsequent
adjustment of costs of or incidental to the printing of the said document,
indicate in the index of the paper book or otherwise the fact that the
respondent has objected to the inclusion of the document and that it has been
included at the expense of the appellant.
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 the opinion that the document is not relevant, may
direct that the said document be included separately at the expense of the
respondent and require the respondent to deposit within such time as he may
require the respondent to deposit within such time as he may prescribe the
necessary charges therefor. If the amount so deposited is found insufficient,
the Registrar may call upon the respondent to deposit the additional amount or
amounts within such further time as he may deem necessary. The question of the
costs thereof will be dealt with by the Supreme Court at the time of the
determination of the appeal.
As soon as the index
of the record is settled the Registrar shall cause an estimate of the costs of
the preparation of the transcript of the record (and of the printing or
cyclostyling the record where it is required to be printed or cyclostyled) to
be prepared and served on the appellant and shall require him to deposit within
30 days of such service the said amount. Such costs shall include the costs of
translation, if any. The appellant may deposit the said amount in lump sum or
in such instalments as the Registrar may prescribe.
Where the record has
been printed for the purpose of the appeal before the High Court and sufficient
number of copies of the said record is available, no fresh transcript of the
record shall be necessary except of such additional papers as may be required.
If at any time during
the preparation of the transcript of the record (or of printing or cyclostyling
the record, where it is required to be printed or cyclostyled) 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 28 days in the aggregate.
Where the appellant
fails to make the required deposit, the preparation of the transcript of the
record ( and the printing or the cyclostyling of the record, where the same is
required to the printed or cyclostyled) shall be suspended and the Registrar
shall not proceed therewith without an order in this behalf of this court; the
Court may give such time for making the deposit as it deems proper and if the
appellant continues the default in spite of the orders of this Court, the
Registrar shall obtain an order from the Court for reporting the default to the
Supreme Court and report accordingly.
(1) The Registrar shall,
within six months 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 of the appeal to be laid before the Supreme
Court, one copy of which shall be duly authenticated by appending a certificate
to the same under the seal of this Court and his signature. If for any reason
the same cannot be transmitted within the period of six months mentioned above,
the Registrar shall report the facts to the Supreme Court and obtain necessary
extension of time for transmitting the same.
(2) The Registrar shall
also append to the transcript of the record or separately forward a certificate
showing the amount of expenses incurred by the parties concerned for the
preparation and the transmission of the transcript of the record.
When the record has
been made ready, the Registrar shall certify the same and give notice to the
parties of the certification and transmission of the transcript of the record (or
of the printed or cyclostyled) record, where it is required to be printed or
cyclostyled in Form No. VIII of Schedule A appended to this Chapter, and
thereafter shall send a certificate to the Supreme Court as to the date or
dates on which the notice has been served on the parties in Form NO. IX of
Schedule A appended to this Chapter.
(1) Unless the Supreme
Court so directs the record shall not be printed or cyclostyled in this Court.
(2) Where the Supreme
Court directs that the record be printed or cyclostyled in this Court the same
shall be printed or cyclostyled in accordance with the rules in Schedule B
appended to this Chapter.
(3) Where the record is
printed or cyclostyled in this Court the provisions contained in Rules Nos. 10
to 22 above (both inclusive) shall apply mutatis mutandis to the printing and
cyclostyling of the record.
(4) Unless otherwise
directed by the Supreme Court at least 20 copies of the record shall be prepared
for the use of the Supreme Court.
Translations required
for the transcript of the record shall be made by the official translator of
the Court. Any part of the record which may have been officially translated for
the purpose of hearing in the High Court shall not be translated over again.
The Registrar shall as soon as the translation is ready give notice in Form No.
X of Schedule A appended to this Chapter to all parties to inspect in his
office the translation prepared by the translator fixing time not exceeding 7
days from the receipt of the notice within which the inspection should be
completed. If the parties or any of them make any objections to the
translation, the translation shall be placed before the Registrar who shall
hear the parties appearing before him and also the Chief Official translator of
the Court and settle the final text of the translation.
II Civil Appeals by Special Leave of the Supreme Court :
The provisions of
Rules 8 to 24 above (both inclusive) shall apply mutatis mutandis to Civil
Appeals by Special Leave of the Supreme Court.
III Criminal Appeals on the Certificate of the High Court
:
Rule - 26.??????
[A party desiring to
appeal to the Supreme Court under Article 132 or 134 of the Constitution may apply
orally for grant of Certificate immediately after the pronouncement of the
judgement by the Court, and the Court may grant or refuse the same.]
[168][
Rule - 27.
[X X X]
Rule - 28.??????
Upon the Court making
an order for grant of certificate the office shall issue a certificate in Form
No. III of Schedule ?A? appended to this Chapter.
Rule - 29.??????
Except as otherwise
ordered by the Supreme Court, the preparation of the transcript of the record
(and of the printed or the cyclostyled record, where the same is required to be
printed or cyclostyled) and the transmission thereof shall be at the expense of
the appellant.
Rule - 30.??????
In all case where the
record has been printed for the purpose of the appeal before the High Court or
of other proceedings and where at least six such printed copies of the record
are available, all available copies of the printed record except one shall be
despatched to the Supreme Court along with the original record including the
record of the Courts below. One of such copies shall be duly authenticated by
the Registrar.
Explanation : For the
purpose of this rule the original record shall not include Judgments of the
High Court and the Courts below but only duly authenticated copies thereof, and
printed record shall include cyclostyled or typed record.
Rule - 31.??????
Two copies of the
High Court paper book if available for despatch to the Supreme Court shall be
treated as the transcript of the record. In that event only such of the
additional documents as the parties choose to include for hearing of the appeal
in the Supreme Court shall be typed in duplicate and transmitted to the Supreme
Court along with the High Court Paper Book, one copy of each of which shall be
duly authenticated.
Rule - 32.??????
For the purpose of
the transcript of the record such of the documents in a language other than
English as have already been translated for the purposes of the High Court
Appeal and which are included in the High Court Appeal Paper Book need not be
translated again.
Rule - 33.??????
Where the appellant
fails to take necessary steps to have the transcript of the record prepared and
transmitted to the Supreme Court with due diligence, the Registrar shall report
the default to the Registrar of the Supreme Court for orders.
Rule - 34.??????
In the event of the
Supreme Court directing this Court to print or cyclostyle the record under the
supervision of the Registrar of this Court, he shall despatch to the Registrar
of the Supreme Court, unless otherwise directed by the Supreme 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.
Rule - 35.??????
(1) In all cases
involving a sentence of death, the printed, or the cyclostyled record shall be
made ready and despatched to the Supreme Court within a period of 60 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.
(2) In cases where such
record cannot be despatched within 60 days as stated in sub- rule (1), the
Registrar shall explain the circumstances in which it cannot be so despatched
and obtain extension of time from the Supreme Court.
Rule - 36.??????
Except as otherwise
provided in [rules
26 and 28 to 35]
above (both inclusive) the provisions of rules 8 to 24 shall apply mutatis
mutandis to criminal appeals on the certificate issued by the High Court.
IV.?????? Criminal
Appeals by Special Leave of the Supreme Court :
Rule - 37.??????
On application by the
petitioner intending to apply for special leave of the Supreme Court in
Criminal proceedings and appeals, a certified copy of the judgment or order sought
to be appealed from shall be supplied to him free of cost.
Rule - 38.??????
On receipt of the
order granting leave of the Supreme Court the Registrar shall require the
office to take necessary steps to have the record of the case transmitted to
the Supreme Court in accordance with the directions contained in the order
granting special leave.
?
Rule - 39.??????
Except as otherwise
provided in rules 37 and 38 above, the provisions of rules 29 to 36 (both
inclusive) shall apply mutatis mutandis to criminal appeals by Special leave of
the Supreme Court.
V.??????? Miscellaneous.
Rule - 40.??????
In criminal appeals
no payment of process fee shall be required to be made by the accused person or
by the State.
Rule - 41.??????
A list shall be
maintained by the office showing the numbers and dates of all pending Supreme
Court Appeals, Civil as well as Criminal, in various stages of preparation of
the transcript of the record and the Registrar shall examine every fortnight
the progress made in such appeals and, if necessary, call upon the appellant or
the party who may be responsible for the delay to show cause why a report shall
not be made to the Supreme Court regarding the default of which he has been
responsible for the delay.]
[173][Chapter - XX Destruction of Records
????????
Unless otherwise
ordered by the Court, all original documents including translations and copies
of Judgments, decrees, orders and other papers which are not required to be
preserved, shall be returned to the party producing the same after the expiry of
the period, for filing appeal or if an appeal is filed, after the disposal of
the appeal. The rest of papers shall be marked, classified and arranged in the
form of files for the purpose of despatch to the Record Room for preservation
as prescribed hereunder.
(i) The papers which are
required to be preserved permanently shall be marked as ' A' and kept in file
'A'.
(ii) The papers which are
to be preserved for 30 years shall be marked as 'B' and kept in file 'B'.
(iii) The papers which are
required to be preserved for 5 years shall be marked as 'C' and kept in file
'C'.
(1) The following
documents and papers shall be preserved permanently:
(i) All Judgements, final
orders (autographs) and decrees of all the cases except orders summarily
dismissing appeals or applications:
(ii) All Registers of
appeals, petitions including writ petitions and applications; and
(iii) Such papers in cases
of Historical, Sociological or Scientific value which in the opinion of the
Court shall be permanently preserved.
Note.- Autographs
referred to in item (i) of 'A' file shall be bound neatly and preserved
separately.
(2) The following
documents and papers shall be preserved for 30 years.
(i) Judgements, Orders
and Order sheets of the High Court summarily dismissing appeals, petitions including
writ petitions and applications;
(ii) Original Order Sheets
and the attested Copies of the Judgements, orders and decrees including writ
communicating final orders of the High Court in respect of all the cases.
(3) The following
documents and papers shall be preserved for five years;
(i) Paper Books and
prints including those in case in which a sentence of death or imprisonment for
life is passed in matters heard by the High Court;
(ii) Applications for
interlocutory orders, applications necessary for the progress of the
proceedings, application for certificate for leave to appeal to the Supreme
Court, etc,;
(iii) Applications for
transfer, bail or stay proceedings;
(iv) All the documents,
Registers, Papers, etc., other than those mentioned in sub- rules (1) and (2)
of Rule 3 of these rules and Orders made by the High Court in interlocutory
applications mentioned in items (ii) and (iii) above;
(v) Reports called for
from the Lower Courts;
(vi) Original? memorandum of
appeals, cross-objections, original????????? revision applications, references and
applications for review;
(vi) Copies of Judgments,
Decrees and final orders of the Supreme Court in respect of cases decided by
the Karnataka High Court;
(vii) Original applications
under Articles 226 and 227 of the Constitution;
(viii) Printed copies of the
transcript record of the Supreme Court;
(ix) Ferists and Receipts
of records and proceedings by the Lower Courts;
(x) Copies of Judgments
of Lower Courts or Tribunals, against which appeals or applications have been
made to the High Court;
(xi) Objections to
findings on issues called for by High Court;
(xii) Examination Memos;
(xiii) Vakalatnamas;
(xiv) Orders appointing
Advocates in Criminal matters;
(xv) Notice and Returns
thereto;
(xvi) Requisitions for
printing;
(xvii) Notice of receipt of
findings;
(xviii) Correspondence
relating to Jail Petitions;
(xix) Writs for bail,
arrest, stay, production of accused in Courts and other interlocutory orders;
(xx) All other papers,
documents etc., which are not herein before referred to under any of the
categories of files.
Every Record, Book or
Papers, as the case may be shall after completion, be sent to the record room
and immediately after their receipt, they shall be divided into files and shall
be kept in the appropriate files, in accordance with Rules 2 and 3 of these
rules.
?
The files, books and
papers shall be retained in the record room for such periods as are prescribed
for each category of files in Rule 3 of these rules, taking into account, the
date of completion and on the expiry of such periods, they shall be destroyed.
All the documents and
papers produced by the parties shall be reclaimed within six months from the
date of disposal of the case and they shall be returned under the orders of the
Registrar General or any other officer duly authorised. If the parties do not reclaim
within the stipulated time, it shall be presumed that they have no interest in
them and they shall accordingly be destroyed at the risk of the parties in
accordance with these rules.
A Register, in the
form set-out below, shall be maintained showing the numbers and years of all
cases received in the Record Room of which the records are to be destroyed; and
the entries made therein, for each year shall be signed by the Officer-in-
charge of Record Room and the Assistant Registrar/Deputy Registrar.
Register showing the Particulars of Record to be
destroyed
|
Sl.No.
|
No.
of the case
|
Date
of decision
|
Date
when due for destruction
|
Date
when actually destroyed
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
All the files, papers
and books, shall after the completion of stipulated periods, be destroyed,
under the orders of the Registrar General or any other Officer authorised by
him in this behalf.
Explanation: The
Destructions of Records shall be carried out by Public Auction and the amount
so realised shall be credited to the Government.
Rule - 9.
????????
The period prescribed
in Rule 3 of these rules for the preservation of records shall be computed from
the date of the final decision of the case and in case of appeal to the Supreme
Court, from the date of the final decision of the Supreme Court.
The destruction of
records shall be carried out in the Summer Vacation in eachyear.]
SCHEDULE ?A?
[Form No. I xxx]
[Form No. II xxx]
[179][Form
No. III
?(Rules 7 and 28)
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Certificate of
Fitness for appeal to the Supreme Court No???.
?
Present
Petitioner/Appellant/Complainant
Respondent/Accused.
THIS COURT DOTH
CERTIFY (if the certificate is issued under Article 133 (1) of the
Constitution) that this case involves a substantial question of law of general
importance which needs to be decided by the Supreme Court ; (if the certificate
is issued under Article 132 (1) of the Constitution) that this case involves a
substantial question of law as to the interpretation of the Constitution; (if
the certificate is issued under Article 134 (1) (c) of the Constitution) that
this case is a fit one for appeal to the Supreme Court.
Dated this ??? day of
20??
Seal Registrar.]
FORM No. IV
(Rules 11 and 36)
Certificate regarding
service of Notice on the Respondent (s) under Rule 11/15, Order XV/XXI of the
Supreme Court Rules, 1966.
IN THE HIGH COURT OF
KARNATAKA, BANGALORE.
Supreme Court
Civil/Criminal Appeal No.?? of 20 ??(From
the judgment and /decree/order of this High Court dated ?????..In of 20 ? )
Versus
?
Petitioner (s)
Respondent (s)
?
I do hereby certify
that the Notice under Rule 11/15 Order, XV/XVI/XXI of the Supreme Court Rules,
1966, in the above case under appeal to the Supreme Court of India, has been
served on ????
Dated this ????? day
of 20
Seal Registrar.
FORM No. V
(Rules 12, 16, 17, 19 and 36)
Notice to appellant
for depositing the cost of the preparation, transmission etc., of the
transcript of the record.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Supreme Court
Civil/Criminal Appeal No.?? of 20 ?(From
the judgment and/decree/order of this High Court dated????? in ????? of 20 ??).
Appellant.
?
To,
?
Versus
?
Respondent.
?
Take notice that you
are required to make a/an additional deposit of Rs. ?????..
within eight/thirty
days from the service hereof on you to meet the costs of the
transmission/preparation of the English, Transcript of the Original/record of
the case in question and the printing/cyclostyling/and the transmission thereof
to the Supreme Court.
Take further notice
that if you fail to make the said additional deposit within the time mentioned
above the default will be reported to the Supreme Court.
Dated this ??????.
day of 20
Seal Registrar.
FORM No. VI
(Rules 13 and 36)
Notice to the
Appellant for Inspection of the Record and for filing the list of documents to
be included in the transcript of the record.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE.
Supreme Court
Civil/Criminal Appeal No.?? of 20 ?? (From
the judgment and /decree/ order of this High Court dated ???????? in????????..
of 20 ??).
Versus
To
?
Appellant.
Respondent.
?
Notice is hereby
given to you, that the Records and proceedings of the Case from which the said
Supreme Court appeal arises are available in this court and that you may take
inspection of the same, if you so desire.
Take further notice
that you are required to file in triplicate within four weeks from the date of
receipt of this notice a list of documents which you desire to include in the
appeal paper book, after serving on each of the respondents a copy of the said
list, and also to produce an acknowledgment from each of the respondents that a
copy of the said list has been served on him.
Take further notice
also that you are required to take all necessary steps with due diligence to
arrange to transmit in triplicate with all convenient despatch a transcript in
English of the Record of the case/the printed/cyclostyled record of the case so
far as is material to the question in dispute in the said appeal for being
placed before the Supreme Court for hearing of the said appeal.
Dated this ???????
day of 20
Seal Registrar.
FORM No. VII
(Rules 13 and 36)
Notice to the Respondent
for inspection of the records and for filing the list of additional documents
to be included in the transcript of the Record.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Supreme Court
Civil/Criminal Appeal No. ????????????? of 20??. (From the judgment
and/decree/order of this High Court dated ???????????? in ????? of 20??)
?
To,
?
Versus
?
Appellant.
Respondent.
?
Notice is hereby
given to you that the Records and Proceedings of the case from which the said
Supreme Court appeal arises are available in this Court and that you may take
inspection of the same, if you so desire.
Take further notice
that you are required, upon the ?Appellants? serving on you a copy of the list
of documents which the Appellant intends to include in the paper book, to file
in triplicate within 3 weeks of the service on you of the said list by the
Appellant, a list of such additional documents as you consider necessary for
the determination of the appeal.
Take further notice
also that you are required to take all necessary steps with due diligence so
far as you may be concerned in the matter of arranging to transmit in
triplicate with all convenient despatch a transcript in English of the Record
of the case/the printed/cyclostyled record of the case so far as in material to
the question in dispute in the said appeal for being placed before the Supreme
Court for the hearing of the said appeal.
Dated this ????????
day of 20
Seal Registrar
FORM No. VIII
(Rules 22 and 36)
Notice of the
Certification and transmission of the transcript of the record.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE.
Supreme Court
Civil/Criminal Appeal No. ???????. of 19?????
(From the judgment
and/decree/order of this High Court dated ????????..
in ??????.. of 19?.)
?
Versus
?
Appellant (s)
(Original)
Respondent (s)
(Original )
?
To,
Take notice that/the
English Transcript of the Record the printed/cyclostyled record
of the above
mentioned appeal has been authenticated and transmitted to the Supreme Court on
the ..............
Take notice also that
you are required to take necessary steps in the prosecution of the Appeal in
accordance with the provisions of Supreme Court Rules, 1966.
Dated this ?????? day
of ???????. 20 ??
Seal Registrar
FORM No. IX
(Rules 22 and 36)
Certificate of the
Registrar under Rules 11/15 Order XV/XXI of the Supreme Court Rules, 1966.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE.
Supreme Court
Civil/Criminal Appeal No.?? of 20 ??
(From the judgment
and/decree/order of this High Court dated ?????????..
in ?????of 20??)
Petitioner (s)
Versus
Respondent (s)
I do hereby certify
that the notices regarding the authentication and the despatch of the
transcript in English of the record/printed/cyclostyled record in the above
case to the Supreme Court have been duly served on the appellants and
respondents as follows:-
Dated this
????????????.. day of ??????. 20?..
Seal Registrar
FORM No. X
(Rule 24)
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
S.C.L.A.P. No. of 20
S.L.P. No.????? of 20
(Against the Judgment/Order
and Decree dated ????????. in ?????
on the file of this
Court)
Petitioner (s)
?
To,
?
Versus
?
Respondent (s)
?
Please take notice
that the official translation of the papers and documents required to be
included in the appeal record to be laid before the Supreme Court is ready for
inspection.
You are, hereby,
required to take inspection of the said translation and signify your approval
thereof within seven days from the date of the receipt of this notice failing
which the matter will be proceeded with.
Dated this ??????????
day of? 20??
Seal Registrar.
[Form No. XI x x x]
SCHEDULE ?B?
Rules as to Printing of Record
1.
The
record in appeals to the Court shall be printed in the form known as demy
quarto on both sides of the paper with single spacing.
2.
The
size of the paper used shall be such that the sheet, when folded and trimmed,
will be about 11 inches in height and 8 ? inches in width or 29.7 cms. in
height and 21cms. in width.
3.
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.
4.
Records
shall be arranged in two parts in the same volume, where practicable, viz.-
Part I. ? The
pleadings 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.
5.
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
.
6.
Part
I shall be arranged strictly in chronological order, i.e., in the same order as
theIndex.
Part II shall be
arranged in the most convenient way for the use of the Court, as the circumstances
of the case require. The documents shall be printed as far as suitable in
chronological order, mixing plaintiff?s and defendant?s documents together when
necessary.
Each document shall
show its exhibit mark, and whether it is a plaintiff?s or defendant?s document
(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 Court, and in
difficult cases counsel may be asked to settle it.
7.
The
documents in Part I shall be numbered consecutively. The documents in Part II
shall not be numbered apart from the exhibit mark.
8.
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.
9.
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 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
documents in the Index, with the date, except in the case of oral evidence.
(c) In the case of oral
evidence, ?Plaintiff?s evidence? or ?Defendant?s evidence?, shall appear next
to the name of the Court and then the number in the Index and the witnesses?s
name, with ?examination?, ?cross examination? or ?re-examination?, as the case
may be,
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.
10. The parties shall
agree to the omission of formal and irrelevant documents, but the description
of the document may appear (both in etc., shall not be printed in full unless
counsel advises, but the parties against it. A long series of documents, such
as accounts, rent rolls, inventories, etc., shall not be printed in full unless
counsel advises, but the parties shall agree to short extracts being printed as
specimens.
11. In cases where maps
are of an inconvenient size or unsuitable in character, the appellant shall, in
agreement with the respondent, prepare maps drawn properly to scale and of
reasonable size, showing as far as possible, the claims of the respective
parties, in different colours.
?
Notification No. HCE/479/86
Bangalore, dated 30.7.92 K.G.D. 13.8.1992
In supersession of
the earlier Notification issued in this behalf and in exercise of the powers
conferred under rule 6 of Chapter I read with rule 22 of Chapter 14 of the High
Court of Karnataka Rules, 1959, the Hon?ble the Acting Chief Justice is pleased
to fix the following revised rates for typing matters in English and Kannada
for preparing paper books in the High Court office with effect from 1st August
1992.
|
I.??????? ENGLISH RUNNING MATTER :
|
Rs.
Ps.
|
|
(i) For first copy
|
?
|
1 ? 00
|
|
(ii) for each additional copy
|
?
|
0 ? 50
|
|
II.?????? ENGLISH STATEMENT :
|
|
|
|
(i) For first copy
|
?
|
1 ? 40
|
|
(ii) for
each additional copy
III.????? KANNADA
RUNNING MATTER :
|
?
|
0 ? 50
|
|
(i) For first copy
|
?
|
1 - 00
|
|
(ii) for each additional copy
|
?
|
0 ? 50
|
|
IV.????? KANNADA
STATEMENT :
|
|
|
|
(i) For first copy
|
?
|
1 ? 40
|
|
(ii) for each additional copy
|
?
|
0 ? 50
|
By Order of the Chief Justice,
NOTIFICATION
BOC. No. 2623/69, Bangalore, dated
22nd September 1969
In exercise of the powers conferred under rule 3 of
Chapter IV of the High Court of Karnataka
Rules, 1959, the powers conferred on
the Registrar by the following rules
are, with the previous approval of
the Acting Chief Justice, hereby delegated to the Assistant Registrar
of the High Court: -
1.
Sub-rules 1 to 4, 9 and 13 of rule 1 of
Chapter IV with regard to copy applications.
2.
Sub-rule 9 of rule
2 of Chapter IV.
3.
Rules 5 and 14 of Chapter XII with regard
to copy applications.
4.
Rules 7, 9 and 12 of Chapter
XVI.
5.
Sub-rule 2 of rule 1 and rule 4
of Chapter XVII.
6.
Rules 1
and 5 of Chapter XVIII.
HIGH
COURT OF KARNATAKA BANGALORE NOTIFICATION
C.M.B. No. 148/1974, dated
5th August 1974
In exercise of the powers conferred by rule
6 of Chapter I of the High Court of Karnataka
Rules, 1959, the Hon?ble the Chief Justice is pleased to settle with effect
from 1st day of September 1974, the
following revised form of the petition for a certificate to appeal to the Supreme Court: -
Petition for a Certificate to Appeal to the Supreme Court
Filed under???????????????????????????
???????? (Provision of law to be stated)
In the High Court of Karnataka at
Bangalore
S.C.L.A.P. No....................................................... OF 1974
IN
No?............................... OF 19
??????????????????????????????????????????????????????????????????????????????????? Petitioner/s
?????????.??????????????????????????????????????????????????????????????????????? Respondent/s
Petition of ???
for the grant of
a Certificate under
Article............ to file appeal in the Supreme Court.
The petition
of................................................ states as follows: -
(1)
That this suit/Writ
Petition was filed by??????? the plaintiff in the Court
of the ??????? Judge, and prayed (here set out a concise statement
of the plaint in Suit/Writ Petition.
(2)
That the said suit came on for hearing before the??? Judge of ????on
the ???? day of ????20 ??? and the said Judge on the ????..day
of ?? passed the decree (or order).
(3)
That (here insert name of appellant) feeling
himself aggrieved by said decree (or order) filed a Memorandum of Appeal against
the same on the
day of?????? of 20?????
(4)
That the said appeal came on for argument
before this Court consisting of the Hon?ble ???? and the Court on the ??day of ?????????
20????? passed the decree (or order).
(5)
That the petitioner feeling himself aggrieved
by the said decree (or order) is desirous
of appealing to the Supreme Court from the same on the grounds following (here state the grounds and number them consecutively as (i, ii, iii, iv, etc.).
(6)
This case involves
a substantial question
of law as to interpretation of the Constitution (as contemplated in Article
132 (1) of the Constitution) which is as follows: (Formulate the question).
Or
This case involves a substantial question of law of
general importance (as contemplated in Article
133 (1) as follows: - (formulate the question).
(7)
That the petitioner is ready and willing
to comply with the rules regulating appeals
to the Supreme Court.
The petitioner, therefore, prays that this Hon?ble Court
will be pleased to grant him a Certificate (here state the nature of Certificate required).
Dated at Bangalore, this ?????..
day ???????.. 20????
Signature of the Petitioner
Advocate for Petitioner
THE KARNATAKA HIGH COURT RULES, 1959
Amendments (Chronological)
The principal rules
were published through notification No. ROC 2296 of 1959 dated 6.10.1959 published in the Karnataka Gazette dated and the said rules
are subsequently amended by the following
notifications, namely:-
|
Sl.
No.
|
Notification No.
|
Date
|
Published
in the Karnataka
Gazette on
|
Chapter and Rules
amended
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
1
|
ROC 298 of 1960
|
25.08.1960
|
01.09.1960
|
XI ? 5
|
|
2
|
ROC 1921
of 1960
|
09.11.1960
|
17.11.1960
|
XI- 5
|
|
3
|
ROC 2 of
1962
|
27.01.1962
|
01.02.1962
|
III-1,2,3,4,8 &
9 IV-2,
VI -1,5,8A, VI-A, VII-1,4A,
XIV-7,16(2), XVI-2
|
|
4
|
ROC 2868
of 1962
|
05.12.1963
|
12.12.1963
|
IX-5 XIV-17
|
|
5
|
SPL 213 of
1963
|
08.06.1967
|
22.06.1967
|
VII-2, VIII-12,12A,12B,12C,
XIII-5A,??? XIV -26, XVI -2,3,4,
10(2) XVIA
|
|
6.
|
ROC 2799
of 1967
|
15.06.1967
|
22.06.1967
|
XIXA
|
|
7
|
ROC 1084
of 1968
|
14.09.1967
|
21.09.1967
|
VI-5 XII-2
|
|
8
|
ROC 468 of 1968
|
01.02.1968
|
08.02.1968
|
XVIA ? 4
|
|
9
|
ROC 2067
of 1967
|
08.02.1968
|
|
XVII ?3
|
|
10
|
ROC 2810
of 1969
|
05.04.1969
|
17.04.1969
|
XVII-2A,2B,2C,2D,2E
|
|
11.
|
ROC 1973
of 1969
|
04.12.1969
|
18.12.1969
|
VIA-2
|
|
12.
|
ROC 3000
of 1968
|
19.12.1969
|
25.12.1969
|
XIXA-6
|
|
13.
|
ROC 2893
of 1969
|
24/27.1.70
|
05.02.1970
|
II-1(1), IV-3, V-7,13 &
XI-5 DR
to AR,
JR AND DR
|
|
14.
|
ROC 2892
of 1969
|
21/24.2.70
|
05.03.1970
|
IV-1
|
|
15.
|
ROC 2006
of 1969
|
29.06.1970
|
09.07.1970
|
XVI-8,10(1)
|
|
16.
|
HCR 1 of 1973
|
10.11.1975
|
20.11.1975
|
XIX, XIXA,
|
|
17.
|
RPS 121
of 1979
|
27.07.1979
|
01.08.1979
|
XIX-2,3,4,5,6,10A, 26,27,36
Forms -1,2,3,11
|
|
18.
|
LCA-1 444 of
1982
|
09.03.1983
|
17.03.1983
|
XIV-19 XVII-2B,2E,6
|
|
19.
|
RPS 16 of
1983 (2)
|
10.04.1984
|
03.05.1984
|
VIII-12,????? XVII-9
|
|
20.
|
LCA 1/10 of 1983
|
20.09.1984
|
11.10.1984
|
IX-5
|
|
21.
|
LCA 1/571 of 1985
|
28.02.1991
|
07.03.1991
|
XI-5A
|
|
22.
|
HCE 729
of 1990
|
15.02.1992
|
30.07.1992
|
VI-1 XIII-3
|
|
23.
|
HCE 395
of 1991
|
27.10.1992
|
05.11.1992
|
XVII-2????? XX
|
|
24.
|
LCA 313 of 1991(1)
|
12.04.1993
|
13.05.1993
|
X-3A XIII-5A XIV-5,7,10, 11,12
XVII-3
|
|
25.
|
LCA-
1/57185/0C/92
|
16.12.1993
|
06.01.1994
|
XI-5A
|
|
26.
|
LCA 480 of
1992
|
01.06.1999
|
24.06.1999
|
V-2A
|
|
27.
|
HCE 297
of 1992
|
01.07.1999
|
22.08.1999
|
XVII-5
|
|
28.
|
LCA 108 of
1995
|
19.04.2000
|
15.06.2000
|
XI-5A
|
|
29.
|
HCE 1052
of
99/HCLC
|
23.04.2001
|
04.10.2001
|
XVII ?1(2)
|
|
30.
|
HCLC 32 of 2001
|
01.06.2002
|
11.07.2002
|
XVII-3
|
|
31.
|
HCE 1119/2001/
HCLC
|
01.04.2003
|
08.05.2003
|
XII-14
|
|
32.
|
HCE/1042/99/HCL
C
|
03.09.2005
|
09.11.2005
|
VI ? 4-A
|
THE
KARNATAKA HIGH COURT RULES, 1959
(Amendments Chapterwise)
|
CHA-
PTER
|
RULE
|
NOTIFICATION No.
|
Date
|
KARNATAKA
GAZETTE
DATED
|
|
I
|
Nil
|
Nil
|
|
Nil
|
|
II
|
1(i)
|
ROC 2893
of 1969
|
27.01.1970
|
5.2.1970
|
|
III
|
1,2,3,4,8 &
9
omitted
|
ROC 2 of
1962
|
27.01.1962
|
01.02.1962
|
|
IV
|
1 (2A) inserted
2 (1),2(2),2(3),2(4)
|
ROC 2892
of 1969
ROC 2 of
1962
|
24.02.1970
27.01.1962
|
5.3.1970
01.02.1962
|
|
|
omitted
|
|
|
|
|
|
3
|
ROC 2893
of 1969
|
27.01.1962
|
5.2.1970
|
|
V
|
2A
|
LCA-I/480 of 1992
|
01.06.1999
|
24.06.1999
|
|
|
7 &
13
|
ROC 2893
of 1969
|
27.01.1970
|
5.2.1970
|
|
VI
|
1
|
ROC 2 of
1962
|
27.01.1962
|
1.2.1962
|
|
|
3A
|
HCE 729
of 1990
|
15.02.1992
|
30.07.1992
|
|
|
5
|
ROC 2 of
1962
|
27.01.1962
|
1.2.1962
|
|
|
5
|
ROC 1084
of 1967
|
14.09.1967
|
21.09.1967
|
|
|
8A
|
ROC 2 of
1962
|
27.01.1962
|
1.2.1962
|
|
|
4-A
|
HCE/1042/99/HCLC
|
03.09.2005
|
09.11.2005
|
|
VI-A
|
Inserted
|
ROC 2 of
1962
|
27.01.1962
|
1.2.1962
|
|
|
2
|
ROC 1973
of 1969
|
04.12.1969
|
18.12.1969
|
|
VII
|
1
|
ROC 2 of
1962
|
27.01.1962
|
1.2.1962
|
|
|
2(8)
|
SPL 213 of
1963
|
08.06.1967
|
22.06.1967
|
|
|
4A
|
ROC 2 of
1962
|
27.01.1962
|
1.2.1962
|
|
VIII
|
12(1) and 12(2)
|
SPL 213 of
1963
|
08.06.1967
|
22.06.1967
|
|
|
12
|
RPS 16 of 1983(2)
|
10.04.1984
|
3.5.1984
|
|
|
12A, 12B,
12C
|
SPL 213 of
1963
|
08.06.1967
|
22.06.1967
|
|
IX
|
5
|
ROC 2868
of 1962
|
05.12.1963
|
12.12.1963
|
|
|
5(2),
|
LCA-I/10 of 1983
|
20.09.1984
|
11.10.1984
|
|
|
5(3),5(4),5(5),5(6)
|
LCA-1/10
of 1983
|
20.09.1984
|
11.10.1984
|
|
X
|
3A
|
LCA-I 313 of 1991 (1)
|
12.04.1993
|
13.05.1993
|
|
XI
|
5
|
ROC 298 of 1960
ROC 1921
of 1960
|
25.08.1960
09.11.1960
|
01.09.1960
17.11.1960
|
|
|
|
ROC 2893
of 1969
|
24.01.1970
|
5.2.1970
|
|
|
5A inserted
|
LCA?I/571of 1985
|
28.02.1991
|
07.03.1991
|
|
|
5A substituted
|
LCA I/108
of 1995
|
19.04.2000
|
15.06.2000
|
|
|
5(A)
|
LCA-I/571/85/OC/92
|
16.12.1993
|
06.01.1994
|
|
XII
|
2
|
ROC 1084
of 1967
|
14.09.1967
|
21.09.1967
|
|
|
14
|
HCE 1119/2001/HCLC
|
01.04.2003
|
08.05.2003
|
|
XIII
|
3
|
HCE 729
of 1990
|
15.02.1992
|
30.07.1992
|
|
|
5A(1), 5A(2)
|
LCA-I/313/91(1)
|
12.04.1993
|
13.05.1993
|
|
|
5A
|
SPL 213 of
1963
|
08.06.1967
|
22.06.1967
|
|
XIV
|
5,7
7
|
LCA-I/313/91(1)
ROC 2 of
1962
|
12.04.1993
27.01.1962
|
13.05.1993
1.2.1962
|
|
|
10 and 11 omitted
|
LCA-I/313 of 1991(1)
|
12.04.1993
|
13.05.1993
|
|
|
12 substituted
|
LCAI/313 of 1991(1)
|
12.04.1993
|
13.05.1993
|
|
|
16(2)
|
ROC 2 of
1962
|
27.01.1962
|
1.2.1962
|
|
CHA- PTER
|
RULE
|
NOTIFICATION No.
|
Date
|
KARNATAKA GAZETTE
DATED
|
|
|
17
|
ROC 2868
of 1962
|
05.12.1963
|
12.12.1963
|
|
19
|
LCA ?I/444
of 1982
|
09.03.1983
|
17.03.1983
|
|
26 omitted
|
SPL 213 of
1963
|
08.06.1967
|
22.06.1997
|
|
XV
|
Nil
|
Nil
|
|
Nil
|
|
XVI
|
2
2,3,4, 10(2)
|
ROC 2 of
1962
SPL 213 of
1963
|
27.01.1962
08.06.1967
|
22.06.1967
|
|
|
8,
10(1)
|
ROC 2006
of 1969
|
29.06.1970
|
09.07.1970
|
|
XVI-A
|
Inserted
|
SPL 213 of
1963
|
08.06.1967
|
22.06.1967
|
|
|
4
|
ROC 468 of 1967
|
01.02.1968
|
08.02.1968
|
|
XVII
|
2
|
HCE 395/1991
|
27.10.1992
|
05.11.1992
|
|
|
1(2)
|
HCE 1042/99/HCLC
|
23.04.2001
|
04.10.2001
|
|
|
2A to 2E
|
ROC 2810
of 1968
|
05.04.1969
|
17.04.1969
|
|
|
2B,2E
|
LCA-I.444/1982
|
09.03.1983
|
17.03.1983
|
|
|
3
|
ROC 2067/1967
|
08.02.1968
|
-
|
|
|
3
|
LCA-1/313 of 1991 (1)
|
12.04.1993
|
13.05.1993
|
|
|
3
|
HCLC 32 of 2001
|
01.06.2002
|
11.07.2002
|
|
|
5(F)
|
HCE 297
of 1992
|
01.07.1999
|
22.08.1999
|
|
|
6
|
LCA-I/444 of 1982
|
09.03.1983
|
17.03.1983
|
|
|
9
|
RPS 16 of 1983(2)
|
10.04.1984
|
03.05.1984
|
|
XVIII
|
Nil
|
Nil
|
Nil
|
Nil
|
|
XIX
|
Substituted
2,3,4,5,6,10(a),26,
|
HCE 1 of 1973
RPS 121
of 1979
|
10.11.1975
27.07.1979
|
20.11.1975
01.08.1979
|
|
|
27,36
|
|
|
|
|
XIXA
|
Inserted
6 OMITTED
|
ROC 2799
of 1967
ROC 3000
of 1968
|
15.06.1967
19.12.1969
|
22.06.1967
25.12.1969
|
|
|
Substituted
|
HCE 1 of 1973
|
10.11.1975
|
20.11.1975
|
|
XX
|
Inserted by
|
HCE 395
of 1991
|
27.10.1992
|
05.11.1992
|
|
SCHEDULE
A
|
Forms I, II,III &
XI
|
RPS 121
of 1979
|
27.07.1979
|
01.08.1979
|
Substituted by
Notification 2893 of 1969 dated 24/27.1.90 w.e.f. 5.2.1970
Substituted by
Notification 2893 of 1969 dated 24/27.1.90 w.e.f. 5.2.1970
Substituted by
Notification 2893 of 1969 dated 24/27.1.90 w.e.f. 5.2.1970
Substituted by
Notification 2893 of 1969 dated 24/27.1.90 w.e.f. 5.2.1970
Added by Notification
ROC 1084 of 1967 dated 14.9.1967 KGD 21.9.1967
Added by Notification
ROC 1084 of 1967 dated 14.9.1967 KGD 21.9.1967
Omitted by
Notification No. ROC 1973 of 1969 dated 4.12.1969 w.e.f.? 8.12.1969
Omitted by
Notification No. ROC 1973 of 1969 dated 4.12.1969 w.e.f.? 8.12.1969
Omitted by
Notification No. ROC 1973 of 1969 dated 4.12.1969 w.e.f.? 8.12.1969
Proviso Inserted by
Notification No. RPS 16 OF 1983(2) dated 10.4.1984 KGD 3.5.1984
Proviso Inserted by
Notification No. RPS 16 OF 1983(2) dated 10.4.1984 KGD 3.5.1984
Proviso Inserted by
Notification No. RPS 16 OF 1983(2) dated 10.4.1984 KGD 3.5.1984
Substituted by
Notification No. ROC 298 of 1960 dated 25.8.1960 w.e.f. 1.9.1960
Substituted by
Notification No. ROC 298 of 1960 dated 25.8.1960 w.e.f. 1.9.1960
Substituted by
Notification No. ROC 1084 of 1967 dt. 14.9.1967 w.e.f. 21.9.1967
Substituted by
Notification No. ROC 1084 of 1967 dt. 14.9.1967 w.e.f. 21.9.1967
Substituted by
Notification No. ROC 2 of 1962 dt. 27.1.1962 w.e.f. 1.2.1962
Substituted by
Notification No. ROC 2 of 1962 dt. 27.1.1962 w.e.f. 1.2.1962
Substituted by
Notification No. ROC 2 of 1962 dt. 27.1.1962 w.e.f. 1.2.1962
Substituted by
Notification No. ROC 2 of 1962 dt. 27.1.1962 w.e.f. 1.2.1962
Substituted by
Notification No. LCA-I 313 of 1991(1) dt. 12.4.1993 w.e.f 13.5.1993
Substituted by
Notification No. LCA-I 313 of 1991(1) dt. 12.4.1993 w.e.f 13.5.1993
Inserted by
Notification No. ROC 2006 of 1969 dt. 29.6.1970 w.e.f. 9.7.1970
Inserted by
Notification No. ROC 2006 of 1969 dt. 29.6.1970 w.e.f. 9.7.1970
Chapter XVI-A
Inserted by Notification No. SPL 213 of 1963 dt. 8.6.1967 w.e.f. 22.6.1967
Substituted by
Notification No. HCE 395 of 1991 dated 27.10.1992 w.e.f. 5.11.1992
Substituted by
Notification No. LCA-I 313 of 1991(1) dt. 12.4.1993 w.e.f. 13.5.1993
Inserted by
Notification No. HCLC 32 of 2001 dt. 1.6.2002 w.e.f. 11.7.2002
Inserted by
Notification No. HCLC 32 of 2001 dt. 1.6.2002 w.e.f. 11.7.2002
Inserted by
Notification No. HCE 297 of 1992 dt. 1.7.1989 w.e.f. 22.7.1999
Inserted by
Notification No. HCE 297 of 1992 dt. 1.7.1989 w.e.f. 22.7.1999
Substituted by Notification
No. RPS 121 dt. 27.7.1979 w.e.f. 1.8.1979
Substituted by
Notification No. RPS 121 dt. 27.7.1979 w.e.f. 1.8.1979
Substituted by
Notification No. RPS 121 dt. 27.7.1979 w.e.f. 1.8.1979
Substituted by
Notification No. RPS-121 dt 27.7.1979 w.e.f. 1.8.1979
Substituted by
Notification No. RPS-121 dt 27.7.1979 w.e.f. 1.8.1979
Chapter XIX
Substituted by Notification No. HCE 1 of 1973 dated 10.11.1975 w.e.f.
20.11.1975
Omitted by Notification
No. RPS 121 of 1979 dt. 27.7.1979 w.e.f. 1.8.1979
Omitted by
Notification No. RPS 121 of 1979 dt. 27.7.1979 w.e.f. 1.8.1979
Substituted by
Notification No. RPS 121 of 1979 dt. 27.7.1979 w.e.f. 1.8.1979
Substituted by
Notification No. HCE 1 of 1973 dt. 10.11.1975 w.e.f. 20.11.1975