INDEX

CHAPTER - VI

PAYMENT AND ACCOUNTS

1. PAYMENT INTO COURTS 1

(i) Public Account 1

(ii) Security deposit in election petitions and appeals 1

(iii) Registration fees paid by Lawyer‘s clerks 2

(iv) Sale proceeds of stationery boxes 2

(v) Security by public Accountant 2

(vi) Dues of Registrars of Companies 2

(vii) Deposit of securities by contractors 2

(viii) Transactions between court and treasury 3

(ix) Additional cash box of Nazir 3

(x) Responsibility for loss occasioned in Nazarat 3

2. PAYMENTS BY COURT 4

(i) Repayment orders 4

(a) Repayment applications 4

(b) Register of applications for repayments 5

(c) Office Report 5

(d) Identification of payee 5

(e) Repayment orders not to be drawn in the name of court officials 5

(f) Date of issue 5

(g) Refund of lapse deposits 5

(h) Prevention of double or excess repayments 6

(i) Payment of amounts to claimants/parties 7

3. REFUND CERTIFICATES 7

(i) Amount of refund to be written also in words 7

(ii) Renewal or issue of duplicate of refund certificate in Form no. 104 7

4. EXPENSES IN CONNECTION WITH CIVIL CASES 8

5. PROMPT VERIFICATION OF PLUS AND MINUS MEMOS 8

6. ADVICE LIST OF RECEIPTS AND REPAYMENTS 9

7. PROPOSITION STATEMENTS 9

8. DISBURSMENT OF BILLS 9

9. PROVISIONAL PAY SLIPS 10

II

10. PROVIDENT FUND SCHEDULE 10

11. CLAIMS 10

12. AUDIT REPORT 12

13. AUDITS BY COMPTROLLER AND AUDITOR GENERAL OF THE

REVENUE REALISED ON ACCOUNT OF COURT-FEE AND SUITS

VALUATION

12

14. REGISTER FOR CONTINGENT GRANTS 13

15. BILLS DURING LAST DAYS OF THE FINANCIAL YEAR 14

16. STATEMENT OF LAPSED DEPOSITS 14

17. CIVIL COURT ACCOUNTS 14

18. SALES TAX 14

19. TELEPHONES 14

CHAPTER - VII

COPIES

1. APPLICATION FOR COPY 15

(i) To head copyist 15

(ii) From prisoners to be treated as urgent 15

(iii) Estimates for copy of books, maps etc. 15

(iv) Received on transfer 15

(v) Pressure of work 15

(vi) Special Copyist 16

(vii) Supply of record 16

2. INSTRUCTIONS REGARDING PREPARATION OF COPIES 16

(i) Supply of copy through Electro Photostat copier 19

(ii) Application of Rules 224, 225 of General Rules (Civil), 1957 and

Rule 141 of General Rules (Criminal), 1977

21

(iii) Preparation and issue of copies of judgments by the Subordinate

Courts

22

(iv) Preparation and issue of copies by the Subordinate Court 23

(v) P.As./Stenographers to provide extra typed copy of judgment/orders/

interim orders for use in Copying Department.

23

3. PREPARATION OF COPIES 23

(i) Of judgments and decrees 23

(ii) Revenue Court findings to form part of Civil Court judgment 24

(iii) Of documents forming part of election tribunal records 24

4. ISSUING FREE COPIES 24

(i) of judgments 24

III

(ii) Issuance of copy of judgment dated 10.1.2001 of the Hon'ble Court

passed in Civil Misc. writ Petition No. 51928/2000.

25

(iii) Issuance of certified copies of the judgments. 25

(iv) Non-compliance of the directions of the Court with regard to

issuance of proper, clear and legible certified copy of Judgments.

26

(v) Courts concern for not supplying proper clear and legible certified

copy of judgment by the subordinate courts.

27

(vi) In Special Police Establishment cases 27

(vii) To naval authorities 27

(viii) Interpretation of rule 251 27

5. SUPPLY OF COPIES BY COURTS 28

(i) Of bail orders 28

(ii) To District Magistrates 28

(iii) To Inspectors of Stamps 28

(iv) To Superintendent, Model Prison, Lucknow 29

(v) Preparation and supply of copies of statement of witnesses. 29

6. PREVENTION OF ISSUE OF SURREPTITIOUS COPIES 29

7. PREPARATION AND ISSUE OF COPIES OF DEPOSITIONS 30

(i) Preparation and issuance of copies of Depositions 34

8. PURCHASE OF GENERATORS OUT OF THE DEPOSITION MONEY 34

9. PURCHASE OF FAX MACHINE OUT OF THE BALANCE AMOUNT

OF DEPOSITION FUND

34

CHAPTER - VIII

COMMUNICATIONS

1. COMMUNICATIONS WITH HIGH COURT 35

(i) Address 35

(ii) Compliance of D.Os. 38

(iii) Reminders to Registrar 39

(iv) Channel of representation 39

(v) Writing of full name by the Judicial Officers 39

2. COMMUNICATIONS BY JUDICIAL OFFICERS 40

(i) Communications with the High Court 40

(ii) Disposal of applications of the Judicial Officers regarding their

service conditions by the office of the Registrar, High Court,

Allahabad

40

3. COURIER SYSTEM 40

4. RECEIPT AND DESPATCH 43

IV

(i) Receipt and dispatch register 43

(ii) Acknowledgement of money order 43

(iii) Receipt for papers 43

(iv) Filing of addresses 43

(v) Envelopes to be properly stamped 44

(vi) Use of polite language 44

5. GENERAL 44

(i) Private Communication 44

(ii) Economy in expenditure over postage and telegrams 45

(iii) Classification of criminal correspondence 45

(iv) Correspondence with the Supreme Court 45

(v) Communications with Accountant General 45

(vi) Correspondence with inspectors of stamps 46

(vii) Correspondence with soldiers 46

(viii) Replies to Assembly questions 46

(ix) Communication with Pakistan 46

CHAPTER - IX

MISCELLANEOUS ADMINISTRATIVE

1. TEMPORARY COURTS 49

(i) Monthly statement of pendency of disposal in Fast Track Courts in

your District.

51

(ii) Regarding functioning of Human rights courts. 51

2. NORMS FIXED BY THE COURT IN THE MATTER OF

ESTABLISHMENT OF NEW COURTS AT NEW PLACES

52

(i) Hearing of cases pending in Varanasi Judgeship relating to the

cases of Jurisdiction of new Judgeship Bhadohi at Gyanpur.

52

(ii) Establishment of debts Recovery Tribunal at Jabalpur (M.P.) 52

(iii) Extension of the term of temporary 04 Additional Special

Courts/Posts of Special Judges, Anti Corruption of CBI, at

Lucknow and 02 Additional Special Courts/Posts of Special Judges,

Anti Corruption of CBI, Ghaziabad

53

(iv) Extension of the term of the temporary Courts/Posts of Additional

District and Sessions Jude at Bareilly, Meerut, Lucknow, Varanasi

& Gorakhpur for trying the pending cases of Vigilance Bureau at

Commissionerate level under Prevention of Corruption Act, 1988

53

3. CLOSING OF COURTS 54

(i) Closure of court on occurrence of untoward incident 56

(ii) Concerning closure of courts in the event of happening of some 56

V

serious untoward incident

(iii) Closure of courts and offices on sad demise of an employee of

civil court

56

(iv) Suspension of Judicial work in the District Courts in the event of

death/funeral

56

4. SURPRISE VISIT 57

4-A DECISIONS TO BE TAKEN BY THE DISTRICT JUDGE IN THE

ROUTINE MATTERS IN THEIR RESPECTIVE JUDGESHIP

60

5. MONTHLY MEETINGS 62

6. MONITORING CELL MEETINGS 62

(i) 62

(ii) Monitoring Cell Meeting-member to attend the meeting

Compulsorily.

62

(iii) 62

(iv) Monthly meeting of District Monitoring cell. 63

(v) To provide information regarding establishment of Monitoring

committee.

64

(vi) Monthly Meeting of the district Monitoring Cell. 64

(vii) Monthly Meeting of the District Monitoring cell. 65

(viii) For Compliance of the directions in certain Cri. Misc Bail

Application in regard to taking up the matter in Monitoring Cell

Meeting.

65

6-A. Information regarding Constitution of Infrastructure Cell 66

7. EXTRA CLERK 66

8. REGISTERS TO BE MAINTAINED BY SUBORDINATE COURTS 66

9. REGISTER OF ARTICLE OF VALUE 68

10. DISPLAY OF COURT FEE RATES 68

11. GRIEVANCE REDRESSAL 71

12. MEASURES TO PREVENT CORRUPTION 73

13. INQUIRY BY ANTI-CORRUPTION BRANCH OF THE POLICE 78

14. SANCTION FOR COMPLAINT 79

15. REPORT OF CASES OF DEFALCATION TO A.G., U.P. 79

16. ECONOMY MEASURES 79

17. CUSTODY OF SECOND KEY OF CURRENCY CHEST 80

18. FURNITURES FOR COURTS AND OFFICES. 80

(i) For the District and Sessions Judges 81

(ii) For the Additional District Judge, Additional Sessions Judge, Chief 81

VI

Metropolitan Magistrate, Civil Judge, Chief Judicial Magistrate,

Additional Chief Metropolitan Magistrate, Additional Civil Judge,

Additional Chief Judicial Magistrate, Judge Small Cause,

Additional Judge Small Cause;

(iii) For the Metropolitan Magistrate, Munsif and Judicial Magistrate,

Additional Munsif Magistrates etc.

82

(iv) For the Special Judicial Magistrate 82

(v) For employees of Civil Court 82

(vi) Purchase and condemnation of furniture of Subordinate Courts 83

19. INDENTS AND PURCHASES 83

(i) Forms and stationery 83

(ii) Library books 89

(iii) Typewriters 89

(iv) Electric bulbs and fans 95

(v) Indenting of rubber stamps 95

(vi) Indents for cotton textiles 96

(vii) Purchase from the grant at the disposal of District Judge 96

20. USE OF HINDI WRITTEN IN DEVANAGRI SCRIPT 97

(i) 98

21. SUPPLY OP CIRCULAR LETTERS ETC. TO EMPLOYEES

ASSOCIATIONS

99

(i) Regarding supply of the I.L.R. Journals. 99

22. FACILITIES TO OFFICERS OF VIGILANCE DEPARTMENT 100

(i) Providing of facilities of stay security, staff etc. to the officers of

Vigilance Department of the Court.

100

(ii) To provide facilities to a committee appointed by Hon‘ble Chief

Justice by D.J. and C.J.Ms.

101

23. FACILITIES TO WITNESSES AND THE LITIGANT PUBLIC 101

24. ENTRY IN COURT PREMISES WITH FIRE ARMS 102

25. MODE OF ADDRESSING PARTIES BY COURT PEONS 102

26. NO COURT DRESS FOR MEMBERS OF PUBLIC 102

27. DRESS FOR A.P.P. 102

28. ABBREVIATED FORM OF CIVIL JUDGE 103

29. INTIMATION OF TELEPHONE NUMBERS 103

30. OATH COMMISSIONERS 103

(i) Appointment and removal 103

(ii) Affixation of coupons 107

VII

(iii) Affixation of Coupons of Affidavits meant to the filed in High

Court & Subordinate Courts

108

(iv) Affixation of coupons to the Affidavit meant to filed in subordinate

Courts

109

31. APPOINTMENT OF NOTARY PUBLIC 109

32. SUPERVISION OVER DISTRIBUTION OF COMMISSIONS 109

33. NATIONAL FLAG 109

34. NATIONAL INTEGRATION 110

35. FAMILY PLANNING 110

36. BYE-ELECTIONS 110

37. ENTITLEMENT TO V.I.P. LOUNGE 110

38. COMPENSATION BONDS OF FEMALE HINDUS 111

39. USE OF METRIC TAPES ONLY 111

40. DECLARATIONS BY PRINTERS AND PUBLISHERS OF

NEWSPAPERS

111

41. CONFLICTING INSTRUCTIONS OF COURT 111

42. CENSUS WORK 111

43. CIRCULATION OF BOOKS AMONGST THE JUDICIAL OFFICERS

PUBLISHED BY THE I.J.T.R., LUCKNOW

112

44. FIRE 113

45. ISSUANCE OF CERTIFICATES OF EXPERIENCE TO

ADVOCATES

113

46. RESERVATION OF CIRCUIT HOUSE/INSPECTION HOUSE/

OTHER GOVERNMENT ACCOMMODATION TO HON‘BLE

JUDGES

113

47. ISSUE OF IDENTITY CARDS TO CIVIL COURTS‘ STAFF AND TO

ADVOCATES‘ CLERKS

115

48. PRINTING OF SALEABLE AND NON SALEABLE FORMS AND

REGISTERS USED IN THE CIVIL COURTS

115

49. ATTACHMENT OF P.C.S. (EXECUTIVE) AND I.A.S.

PROBATIONERS WITH THE DISTRICT COURTS FOR TAKING

TRAINING.

115

50. MID TERM LOK SABHA ELECTION, 1999 – APPOINTMENT OF

SECTOR MAGISTRATE AND PROVIDING OF STAFF CARS

116

51. REGARDING RETURN OF HON‘BLE SUPREME COURT

NOTICES OR ITS SERVICE REPORTS.

116

52. OBSERVANCE YEAR COMMENCING FROM 1st OF JANUARY,

2004 As ―ARREARS CLEARANCE YEAR‖

116

53. TO ENSURE STRICT COMPLIACE OF THE JUDGMENT AND 116

VIII

ORDER OF HON‘BLE SUPREME COURT PASSED IN PETITION

FOR SPECIAL LEAVE TO APPEAL (C) No. 9140 of 2003: CH.

VENKATESHWAR RAO V. THE REGISTRAR

(ADMINISTRATION) HIGH COURT OF ANDHRA PRADESH,

HYDERABAD, A.P. & ANOTHER

54. NON COMPLIANCE OF THE PROVISION AS CONTAINED IN

SUB RULE 6 OF RULE 196 OF THE CENTRAL RULES (CIVIL),

1957 VOL. I AND RULE 18 OF CHAPTER 12 OF GENERAL RULE

(CRIMINAL), 1997 BY THE SUBORDINATE COURTS.

117

55. MORNING COURT IN THE DISTRICTS. 117

56. Unauthorized PERSONS WORKING IN THE OFFICES OF

SUBORDINATE COURTS AND HANDING THE GOVERNMENT

WORK AND RECORDS.

117

57. MEASURES REGARDING SUPERINTENDENCE OVER THE

JUDICIAL OFFICERS WORKING IN FAMILY COURTS.

118

58. CIRCULATION OF COPY OF THE JUDGMENT AND ORDER

PASSED BY THE HON‘BLE COURT IN FIRST APPEAL NO.271

OF 2005 –MOTI LAL VS. BHAGWAN DAS.

118

59. COMPLIANCE OF THE DIRECTIONS AS CONTAINED IN THE

ORDER DATED 21.4.2005 IN WRIT PETITION NO.3879 (M/S) OF

2004-PAWAN VS. ADDL. DISTRICT JUDGE COURT

NO.1DISTRICT LUCKNOW AND OTHERS.

119

CHAPTER - X

CIVIL CASES

1. JURISDICTION 123

(i) Transfer of pending cases of valuation between Rs. 10,001/-to Rs.

25,000/- from the Courts of Civil Judges.

123

(ii) Implementation of directions of Hon'ble Supreme Court dated

11.10.1991 in Civil Appeal No.2058-59 of 1988 M/s Oil and Natural

Gas Commission and another v. Collector of Central Excise.

124

2. PLEADINGS 124

(i) Receipts 124

(ii) Amendment 124

(iii) Plaints rejected or returned after admission 124

(iv) Minor defendants 125

(v) Statement under Order X, Rule 2 126

(vi) Deciding question of limitation 128

(vii) Power of the Court to filing the written statement vis-à-vis the

provisions of Order VIII R1 of the Code of Civil Procedure.

128

3. SUMMONSES AND PROCESSES 129

IX

(i) Procedure for issue 129

(ii) Summoning Lekhpals 131

(iii) Service of summonses 131

(iv) Processes 134

(a) Issuance of 134

(b) Court's responsibility 135

(c) Service of processes 135

(d) Process issued for service in the foreign countries 137

(v) Service or Summonses upon the members of the House 137

(vi) Service or notices and summons on the parties residing in the city of

Ahmedabad.

138

(vii) H.H. Mehtra, officer on special Duty High Court of Gujarat,

Ahmedabad-9 Service or processes by bailiff of Small Cause Court,

Ahmedabad.

138

(viii) Language used to endorse the manner of service in notices

summons etc. sent to Court's in Tamil Nadu for service and Return-

Regarding.

139

(ix) Service of notices 140

(a) Registered addresses for service 140

(b) Service of notices on pleaders 143

(c) In execution cases 143

(d) Service of contempt notice on the addressee 143

(e) Service of summons/notices in United Arab Emirates 144

(f) Service of summons/Judicial Process etc. outside India in Civil

matters

144

(g) To ensure strict compliance of the provisions as contained under

Order 5 Rule 2 of the CPC read with para 102 and 103 of the

General Rules (Civil), 1957

145

(x) Publication of notices 146

(a) Changes for publication of insolvency notices in Government

Gazette

147

(b) Publication of court notices in newspaper 147

4. STAY AND INJUNCTION ORDERS 149

(i) Grant or interim injunction both ex-parte as well as final by the

Subordinate Courts.

151

(ii) Grant of stay in cases where merely Appeal, Revision or writ petition

preferred.

153

(iii) Proforma regarding continuance of Stay Orders granted by the 153

X

Hon'ble High Court.

(iv) Circulation of the copy of Judgment and order dated 21.05.2004 in

C.W.M.P.No.19123 of 2004-Bhagwati Prasad Lohar & Other Vs.,

state of U. P. and others, 2005 (99) RD 333

154

(V) Interim Injunction applications not to bar the progress of the trial. 154

5. COMMISSIONS 155

(i) Inland 155

(ii) Foreign 157

(iii) Legalization of documents 160

6. SMALL CAUSE CASES 161

7. GENERAL DIRECTION FOR DISPOSAL OF CASES 163

8. EXPEDITIOUS DISPOSAL OF CASES 166

9. DISPOSAL OF DEPOSITS 171

(i) Under section 83 of the Transfer of Property Act , 1882 171

(ii) Under section 2 of the Administration of Evacuee Property Act, 1950 171

(iii) Disposal of gold in the custody of courts 171

10. PREPARATION OF FORMAL ORDERS 173

11. DECREES 173

(i) Preparation 173

(ii) Preparation of Decree of Formal order 176

(iii) Preparation of decrees in Land Acquisition References by courts

below

176

(iv) Mortgage suits 177

(v) Small cause court decree 177

(vi) Amendment 177

(vii) Report under section 82, C.P.C. 178

(viii) Execution in Jammu and Kashmir 178

(ix) Execution in foreign countries 178

12. ENFORCEMENT OF MAINTENACE ORDERS 178

13. COSTS 179

14. APPEALS 180

(i) Admission 180

(ii) Appellate officers for debt relief cases 180

(iii) Remand 180

(iv) Ceiling appeals 181

(v) Compliance of provisions mentioned under Order XLI Rule 9 of CPC 182

XI

15. MISCELLANEOUS CASES 182

(i) Adoption of abandoned or destitute children 182

(ii) Inter-country adoption 183

(iii) Implementation of Hon‘ble Supreme Court Judgment dated 6.2.1984

in Writ Petition (Criminal) No. 1171 of 1982 Laxmi Kant Panday v.

Union of India.

183

(iv) Reimbursement or maintenance and other expenses to recognised

Indian Social or child welfare agency in case of inter-country

adoption from foreign adoptive parents.

188

(v) Renewal of Recognition Certificate for inter-country adoption. 190

(vi) Disposal of adoption cases by the District Courts within the time-

frame fixed by the Supreme Court of India.

191

(vii) Quarterly Report about children whose guardianship has been

awarded in favour of foreign parents.

192

(viii) Audit of minor‘s accounts by civil court official 196

(viii-a) Grant of child care leave and child adoption leave 196

(ix) Interstate, probate and succession 198

(x) Proceedings under U.P. Sales Tax Act 1948 200

(xi) Family pension cases 200

(xii) Election petitions 200

(xiii) Cases relating to dissolution of marriage 200

(xiv) Insolvency proceedings and company matters 203

(xv) Official Receivers 205

(xvi) Award of compensation on reference U/S 18 of the Land

Acquisition Act the basis of square foot, square yard or square

meter in respect of large tracts of Agricultural land.

207

(xvii) 207

(xviii) Disposal of applications for Succession certificates, grant of

probate, grant of Letter of Administration.

208

(xix) Disposal of Election Petitions 208

(xx) Disposal of Matrimonial Cases 208

(xxi) To observe caution while accepting insanity certificates in divorce

proceedings

208

(xxii) Supply of copy of Judgment dated 5.3.2004 of the Hon`ble Court

passed in first Appeal No.247of 1997 Moradabad Development

Authority vs. Shami Ahmad and another.

209

(xxiii) To ensure strict compliance of the directions passed in first Appeal

no. 981 of 2002-Agra Development Authority Vs. State of U.P.

connected with First appeal No.979 of 2002, First Appeal no. 983

209

XII

of 2002, first appeal No. 980 of 2002 and First Appeal No. 982 of

2002 by the Hon`ble Court.

(xxiv) Circulation of the copy of judgment delivered by the Hon`ble Court

in Civil Revision No. 78 of 2004. Dr. Nanda Agarwal vs. Matri

Mandir Varanasi and another

209

(xxv) Compliance of directions laid down in the judgment dated 7.5.1996

of Hon‘ble the Supreme Court of India in civil appeal no. 7760-

7761 of 1996 U.P. State Road Corporation and others vs. Trilok

Chandra and others

210

(xxvi) The guidelines with regard to the representation of the parties

litigating before the family court through their counsel

210

(xxvii) Judgment of court rendered in civil Misc. Writ Petition No.174 16

of Ram Chandra Shukla Vs. State of U.P. and others.

212

(xxviii) Priority to the cases in which persons with 40% or more disability

is or are the main petitioner(s)/defendants(s).

212

(xxix) Declaration regarding ‗marriage‘ & dowry‘ 212

(xxx) Expeditious disposal of cases relating to intellectual Property

Rights and Commercial Arbitration.

213

(xxxi) Caution to turn away from back up in filing of frivolous suits. 213

(xxxii) Judgment and order dated 24.9.2005 in Civil Misc. Writ Petition

No. 63114 of 2005- Ganga Prasad Vs. M/s Hanif Opticians &

others.

214

16. EXECUTION CASES 214

17. COMPLIANCE OF RULE 351٭ GENERAL RULES (CIVIL) 1957,

VOL. I.

221

18. CONSUMBER FORUM MATTERS 221

(i) Settlement of Consumers‘ disputes as per Consumers Protection

rules, 1987

221

(ii) Place of sitting of the District Forum under the Consumer Protection

Rules, 1987.

221

(iii) Compliance of directions of Hon‘ble Supreme Court in Consumers

Forum Matter.

222

CHAPTER - XI

CRIMINAL CASES

1. REMAND 223

(i) Order sheet of the cases to reflect the dates of the remand of the

accused on jail custody (under section 309 Cr.P.C.)

226

2. BAIL 226

(i) Entertainment and disposal of bail application etc. 226

(ii) Refusal of bail by the police 229

XIII

(iii) Bail or parole refused by superior court 229

(iv) Acceptance and verification of surety bonds 231

(v) Young criminals 232

(vi) Bail in cases under Defence of India Rules, 1971 232

(vii) Compliance of Court's order dated 8.2.90 passed in Crl. Misc. Bail

Application Nor. 1704 of 1990 Guddu v. State of U.P. arising out

of Case Crime No.492 of 1989, U/Ss. 379/411 I.P.C., P.S.,

Mutthiganj, District Allahabad.

232

(viii) Grant of bail in the cases triable by the Special Chief Judicial

Magistrates, Allahabad and Kanpur

233

(ix) Bail applications and verification of surety bonds in connection

with bail applications

234

(ix-a) Guidelines for verification of address and status of sureties 234

(x) Disposal of old cases and bail application 236

(xi) Return of Case Diary to the Police 236

(xii) Criminal Misc. Writ Petition No. 16259 of 1992 Dr. Hidayat

Husain Khan v. State of U.P.•

237

(xiii) Information in regard to filing of the fake bail orders of Hon'ble

High Court.

237

(xiv) Practice of granting pre-emptive bails 237

(xv) Disposal of bail application 238

(xvi) Verification of bail orders at the cost of State. 241

3. RELEASE ORDER 241

4. BAIL ORDERS OF HIGH COURT 242

5. RELEASE OF MOTOR VEHICLES 243

6. MOTOR ACCIDENT CLAIMS 244

(i) Payment of compensation amount to the party in Motor Vehicles

Act cases.

244

(ii) Expeditious disposal of cases. 245

(iii) Instructions of Hon'ble Mr. Justice B.L. Loomba, Executive

Chairman, U.P., Legal Aid & Advice Board relating to achieve

commendable results in disposal of Motor Accident

Compensation Claims (MAC. Claims) through Lok Adalat in

U.P. in his letter No. D.O. No. 152/PS/LAAB/ 177-A/91 dated

3.8.1995.

245

(iv) Re Amount of interest accrued upon the amount of compensation

in motor accident claims cases

247

7. PRIVILEGES OF LEGISLATURES 248

(i) Arrest, detention etc. of members 248

XIV

(ii) Arrest detention etc. of members within precincts of the house. 251

(iii) Mode of addressing non-officials 253

(iv) Communication addressed to Speaker, etc., by a member under

judicial custody

253

(v) Interrogation of a Member of Parliament by the Police 253

(vi) Sending of timely information of arrest, detention, conviction and

release of the Members of Parliament and Members or Legislative

Assembly to the Parliament and Assembly.

253

8. INTENDED ARREST OF A PUBLIC SERVANT 256

9. DYING DECLARATIONS AND IDENTIFICATION

PROCEEDINGS

256

10. PRESERVATION OF IDENTIFICATION MEMOS 257

11. CHEMICAL EXAMINER'S REPORT 257

12. Medico Legal Report 257

(i) Medical aid to injured 258

(ii) Central Food Laboratory 258

(iii) Forensic Science Laboratory 259

(iv) Transmission of criminal exhibits to forensic science laboratory for

examination.

261

13. CHARGE-SHEETS AND FINAL REPORTS 262

14. COMMITTAL OF CASES 263

(i) Expeditious disposal of Criminal cases and avoiding delay in

committing cases to the sessions.

264

(ii) Disposal of committal cases by the Judicial Magistrates. 264

(iii) Quarterly return of pending committal enquiries in the Subordinate

courts for more than one year, six months and three months.

265

(iv) To ensure strict compliance of the Judgment and order of Hon‘ble

Supreme court passed in petition for special Leave to Appeal (C)

No.9140 of 2003: Ch. Venkateshwar Rao Vs. The Registrar

(Administration) High Court of Andhra Pradesh, Hyderabad, A.P.

& Anr.

265

(v) Direction regarding committal of cases pending in the court of

C.J.M. Judicial Magistrate.

266

(vi) Submission of reports with regard to committal of Sessions Trials 266

15. SUPPLY OF COPIES OF RELEVANT PAPERS TO D.G.C.

(CRIMINAL)

266

16. USE OF BALL POINT PROHIBITED 266

17. PREPARATION OF CALENDAR BY MAGISTRATES 266

18. RECORDING OF STATEMENT U/SS 200 AND 202 Cr.P.C. 268

XV

19. INSTITUTION OF SESSIONS TRIAL 269

(i) Non-adjournment of the Sessions Trial by the Sessions Judges. 269

20. HEARING OF CASES 270

21. NOTICE TO D.G.C. (CRIMINAL) 270

22. RECORDING THE AGE OF AN ACCUSED 270

23. CASES OF JUVENILE 271

(i) Implementation of Juvenile Justice Act, 1986 272

(ii) 272

(iii) Arbitrary function of the Presiding Officer/Principal Magistrate

(A.C.J.M.) of Juvenile Court constituted under Notification No.

1402/26—2-88-32 (P)/87, dated 25th May 1988 by Harijan Evam

Samaj Kalyan Vibhag.

273

(iv) Establishment of special court for typing cases relating to Juvenile

Justice act, 1985.

281

24. CLASSIFICATION OF PRISONERS 282

25. COUNSEL TO DEFEND PAUPER ACCUSED 284

26. SUMMARY TRIAL 285

27. TRIAL BY RAILWAY MAGISTRATE MOBILE COURTS 237

28. RAILWAY MAGISTRATE 289

29. TRIAL OF CASES BY SPECIAL JUDICIAL

MAGISTRATES/JUDGES

289

29-A REGARDING PERMISSION FOR PURCHASE OF FIREARMS BY

THE JUDICIAL OFFICERS

291

30. CRIMINAL WORK TO MUNSIF-MAGISTRATES 291

31. SUMMONING OF WITNESSES 292

(i) Procedure 292

(ii) Police officers 292

(iii) Wireless message 294

(iv) Wireless message 295

(v) Government Servants 296

(vi) Examination on commission of officers of the Mint etc. 296

(vii) Commission for examination of witnesses in Pakistan 297

(viii) Appearance of police officials in courts as witnesses. 297

(ix) Appearance of police officials in courts as witnesses. 298

(x) Appearance of police official in courts as witnesses. 298

(xi) Service of summons upon witness and accused persons. 299

(xii) Effective control on Summons Cells 299

XVI

(xiii) Service of summons on formal witnesses. 299

(xiv) Payment of diet Money to witnesses. 300

32. EXPEDITIOUS DISPOSAL 301

(i) Procedural changes 301

(ii) Classification and disposal of criminal cases 303

(iii) Under trials 303

(iv) Grant of certificate of exemption from personal attendance to

under trials for going abroad

306

(v) Corruption cases 307

(vi) Nationality cases 308

(vii) Motor vehicle cases 309

(viii) Petty cases 311

(ix) Food adulteration cases 313

(x) Other cases 314

(xi) To facilitate clearance of arrears 315

(xii) Postponement or adjournment 316

(xiii) Complaints u/s 406/409 I.P.C. due to non-payment of workers‘

share of contributions to PF/FPF and prosecution u/s 14 of the

EPF& MP Act, 1952- measure for reducing pendency of cases in

the court.

317

(xiv) Compliance of the direction of the Hon‘ble Supreme Court

issued in Writ Petition (Civil) No. 1128 of 1986-Common

Cause, A Registered Society v. Union of India & others

(Published in J.T. 1996 (4) SC 701).

318

(xv) Disposal of cases involving Economic Offences 321

(xvi) Expeditious disposal of cases in which Foreigners are involved. 322

(xvii) Expeditious disposal of cases filed by or against military

personnel

322

(xviii) Expeditious disposal of the cases of under trial foreign nationals 322

(xix) Implementation of guidelines for expeditious disposal of pending

cases of under trial prisoners, as given in the order dated 4-8-95

passed his Hon‘ble Supreme Court in writ petition (criminal) no.

222/1979 (Shri Rahim Malla & others vs. The home secretary,

govt. Of Jammu & Kashmir)

323

(xx) Implementation of guidelines for expeditious disposal of pending

cases of under trial prisoners, as given in the order dated 4-8-95

passed his Hon‘ble Supreme Court in writ petition (criminal) no.

222/1979 (Shri Rahim Malla & others vs. The home secretary,

govt. Of Jammu & Kashmir)

323

XVII

(xxi) Disposal of cases of under trials. 324

(xxi-a) Trial of hardened criminals inside the jail premises. 324

(xxii) Implementation of guidelines for expeditious disposal of pending

cases of under trial prisoners, as given in the order dated 4-8-95

passed his Hon‘ble Supreme Court in writ petition (criminal) no.

222/1979 (Shri Rahim Malla & others vs. The home secretary,

govt. Of Jammu & Kashmir)

325

(xxiii) Disposal of the cases of under trials expeditiously. 325

(xxiv) To decide suites Criminal Trials Labour Disputes Rent control

cases & other cases on basis of a time bound programmer fixed

by the court

328

(xxv) Resorting provisions of the code in the matters where accused

are absconding.

329

(xxvi) Court Management for expeditious disposal of cases by

Subordinate courts.

329

(xxvii) Expediting the old cases of ‗Older Persons‘. 331

(xxviii) To ensure effective management of court docket in the light of

certain circular letters issued by the court recently.

331

(xxix) Expeditious disposal of Criminal Appeals as also for reducing

arrears of pending cases.

332

(xxx) Timely disposal of cases. 333

(xxxi) Expeditious disposal of cases 333

(xxxii) Strict compliance of Circular letters issued by Hon‘ble Court in

respect of expeditious disposal of cases and elimination of

arrears in District Courts.

335

(xxxiii) Number of under trial prisoners together with the period of

their detention and the status of their trial.

336

33. MEDICAL EVIDENCE BY AFFIDAVIT 336

34. PRODUCTION WARRANT 338

35. TRIAL UNDER MILITARY LAW 338

36. PART HEARD CASE PENDING ON TRANSFER OF OFFICER 338

37. EVIDENCE 339

38. EXHIBITS 341

39. TRANSMISSION OF EXHIBITS TO COURT 341

40. RELEASE ON PROBATION 342

41. SENTENCES AND PUNISHMENTS 343

(i) In cases of dacoity 343

(ii) Consecutive or concurrent 343

(iii) Fixing of dates for execution of condemned prisoners 344

XVIII

(iv) Report regarding conviction of Yugoslav nationals 344

42. SUBMISSION OF PROCEEDINGS IN CAPITAL CASES 345

43. REALISATION OF FINE 346

44. SET-OFF 346

45. MEASURES TO SAFEGUARDS A CONVICT'S RIGHT TO

APPEAL AND SUSPENSION OF SENTENCE

346

45-A. FORWARDING A SURRENDER CERTIFICATE OF CONVICT TO

HON‘BLE THE APEX COURT

346

46. APPEARANCE OF PRISONERS BEFORE HIGH COURT 348

47. SESSIONS CASES AND APPEALS 348

(i) Distribution of work 348

(ii) Sessions trial 349

(iii) Disposal of urgent criminal work during absence 353

(iv) Furnish of statement purpose to the order of Hon‘ble court in

Criminal Misc. Application No.6475 of 2000 regarding Sessions

trial cases pending for more then three years where charges have

already been framed.

353

48. APPEALS UNDER SECTION 476, CRIMINAL PROCEDURE

CODE

354

49. APPEALS UNDER SECTION 124-A OF THE INDIAN PENAL

CODE AND SECTION 110 OF THE CODE OF CRIMINAL

PROCEDURE

354

50. FORMS AND RULES IN GENERAL RULES CRIMINAL) 355

51. INSPECTION OF RECORD IN CRIMINAL CASES 355

52. COMPLIANCE OF HIGH COURT‘S JUDICIAL ORDERS 355

53. COMPLIANCE OF ORDERS OF SUPREME COURT AND HIGH

COURT

356

(i) Copy of Court's order dated 25.11.1993 passed in Criminal Misc.

Case No.669 of 1993 Surya Prakash Dubey and another v. CJ.M.

& others.

356

(ii) Compliance of the Judicial Orders of the High Court and Hon'ble

Supreme Court in Criminal Cases

357

(iii) Compliance of the direction of the Hon‘ble Court passed in

criminal appeal no.82 of 1995 – Bani Singh and others v. State of

U.P.

357

(iv) Compliance of the direction of the Supreme Court issued in writ

petition (Civil) No. 1128 of 1986 – Common Causes v. Union of

India and others-J.T. 1996(4) S.C. 701

358

(v) Compliance of the direction of Hon‘ble Supreme Court contained

in Judgment rendered in Criminal Appeal No.1045/98, Raj Deo

358

XIX

Sharma Vs. the state of Bihar.

(vi) Citing of the ruling of Hon‘ble Supreme Court and High Court. 358

(vii) Compliance of the directions of Hon‘ble supreme court

contained in judgment- Criminal Miscellaneous petition

no.2326/99 in criminal appeal No.1045/98 Raj Deo Sharma vs.

state of Bihar.

359

(viii) Compliance of the directions of Hon‘ble Supreme Court

contained in the order dated 30.8.99 in the applications of

Criminal Misc. Petition Nos. 6715/97, 5969/98 and 4744/99 in

Writ Petition (criminal) No.1171 of 1982 –Laxmi Kant Pandey

Vs. Union of India and others.

360

(ix) Circulation of copy of judgment dated 28.8.2000 delivered in

Criminal Capital Sentence Reference No. 3 of 2000 connected

with Criminal Appeal Nos. 112, 132, 133, 142, 143, 144, 145,

146, 147, 148, 149, 150, 151 and 152 of 2000.

361

(x) Compliances of the directions of Hon‘ble the Supreme Court

rendered in criminal Appeal No. 392 of 2001- State of U.P. vs.

Shambhu Nath Singh and others.

361

(xi) To comply with the observation made by the Hon‘ble High Court

in Criminal Misc. Application No. 1520 of 2001. Dinesh Kumar

and others vs. State of U.P. & others with regard to entertaining

surrender applications

362

(xii) Reproducing the injuries in the Judgment from the injury reports

of the injured person.

362

(xiii) Circulation of order dated 26.03.2001 of the Hon‘ble Court

passed in Criminal Misc. Application No. 1661 of 2001

362

(xiv) To ensure compliance of the orders of Hon‘ble Supreme Court

passed in Transfer Petition (c) Nos.417-423 of 2002. Union of

India & ors. Vs. Radhika Backliwal & ors.

363

(xv) Circulation of the copy of Judgment and order passed by Hon‘ble

the Supreme Court in Criminal Appeal No. 863 of 2002. Delhi

Administration (Now N.C.T. of Delhi) vs. Manohar Lal.

363

(xvi) To ensure strict compliance of the orders of Hon‘ble the Supreme

Court passed in Special Leave Petition (Crl.) No. 2745 of 2002.

Sunderbhai Ambalal Desai Vs. State of Gujarat.

363

(xvii) Reproducing the details of the medical examination including

post-mortem examination in the Judgment.

364

(xvii-a) To mention the age of convicted persons in the conviction

warrants by the trial courts

364

(xviii) Submission of death Report by the Chief Judicial Magistrate in

the cases pending in the Court.

364

(xix) To ensure strict compliance of the Court‘s directions passed in 365

XX

fist Appeal from Order No. 1010 of 2003. The Oriental

Insurance Company Ltd. vs. Smt. Nargis and others.

(xx) Circulation of Judgment dated 21.11.2003 of the Hon‘ble Court

passed in Criminal Misc. Petition No. 6417 of 2002. Govind and

others vs. State of U.P. and others.

366

(xxi) Court‘s concern for n362ompliance of the directions for quoting

medical examination report as well as post mortem examination

report in trial courts judgment.

366

(xxii) Strict compliance of the directions given by the Hon‘ble Court

in Cri. Misc. Application No.2154 of 1995 Smt. Amarawati and

another Vs. State of U.P.

366

(xxiii) Strict compliance of the direction as contained in the Judgment

and Order passed by the Hon‘ble Court in Habeas Corpus

Petition No. 35964 of 2003.

368

(xxiv) Submission of Death Report by the Chief Judicial Magistrate in

the cases pending in the Court.

368

(xxv) Circulation of copy of the Judgment and order passed by the

Hon‘ble Court in first Appeal From Order No. 246 of 1998- Dr.

Prem Pal Singh and another vs. Shri Pokar Ram and another.

369

(xxvi) Circulation of copy of the Judgment and order passed by the

Hon'ble court in First Appeal No. 271 of 2005- Moti Lal vs.

Bhagwan Das.

370

(xxvii) Endorsement regarding age of he accused when he mention his

age at the time of his examination under Section 313 Cr. P.C.

370

54. EXPLANATION BY MAGISTRATES 373

55. INITIATION OF CONTEMPT PROCEEDINGS 374

56. REVISIONS 376

57. DISPOSAL OF REFERENCE UNDER THE INDIAN RAILWAYS

ACT, 1890 AND THE RAILWAYS (LOCAL AUTHORITIES

TAXATION) ACT, 1941

377

58. DISPOSAL OF GOODS SUBJECT TO EXCISE DUTIES 377

59. ARREST AND DETENTION OF JUDICIAL OFFICERS 378

(i) Arrest and detention of Judicial Officers-Guidelines 378

60. CHILD LABOUR (PROHIBITION AND REGULATION) ACT,1986 382

(i) Imposing of lower penalties than those prescribed under the Child

Labour (P&R) Act, 1994

382

61. COMMUNICATION OF ORDERS OF SUPREME COURT 382

(i) Communication of orders of Supreme Court of India in Criminal

matters

382

62. COMPLAINT CASES 384

XXI

(i) Follow up Proper procedure in complaint cases as laid down in

Sections 204, 205, 87, 88 & 309(2) of Cr. P.C. Act No.2 of 1974.

384

63. CRIME AGAINST WOMEN 385

(i) Regarding expeditious disposal of cases relating to the incidents of

rape, molestation, abduction, kidnapping and atrocities being

committed on women.

385

(ii) Concerning directions laid down in the judgment dated 16th

January, 1996 of Hon‘ble the Supreme Court of India in ―Criminal

Appeal No. 616 of 1985 (the State of Punjab v. Gurmit Singh and

others)

385

(iii) Statement showing pendency and disposal of cases relating to

rapes, molestation, abduction, kidnapping and atrocities committed

on woman.

388

(iv) Case relating to violence against the women and to ensure speedy

disposal.

388

64. INVESTIGATION 391

(i) Letter of request to competent authority for investigation in a

country or place outside India and vice-versa.

391

(ii) Compliance of the direction or Hon'ble the Supreme Court issued in

Writ Petition No. 340-343 or 1993 Vineet Narain and others vs.

Union of India

393

(iii) Implementation or directions of Hon'ble Supreme Court dated

29.8.1990 in Criminal Appeal No.386 of 1978 Kishore Chandra v.

State of Himachal Pradesh

395

(iv) Guidelines regarding application of provisions as contained in

Section 156(3) Cr.P.C.

397

65. JURISDICTION 397

(i) Special Courts under The Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989

397

(ii) Withdrawal of the powers of Assistant Sessions Judge, earlier

conferred on Court of Small Causes, Civil Judges and Additional

Civil Judges, and of recess facility to them.

397

(iii) Special court for trying cases under section 122 D (7)198A (7) and

211 (5) of U.P.Z.A. and L.R. Act and section 27 (6) of U.P.

Imposition of Ceiling on Land Holding Act.

398

(iv) Conferment of powers of Special Courts to one of the existing

Sessions Courts to try cases falling under the Electricity Act-2003.

398

66. NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,

1985

399

(i) Constitution of Special Court under Narcotic Drugs and

Psychotropic Substances Act, 1985.

399

XXII

(ii) Committee for the review of N.D.P.S. Cases 399

67. PETTY CRIMINAL CASES 404

(i) Transfer of Petty Criminal Cases under the Local and Special Acts

to the Courts of Executive Magistrate having powers of special

Judicial Magistrate First Class.

404

68. PREVENTION OF CRUELTY OF ANIMALS 406

(i) Copy of Judgment dated 19.1.96 passed by Hon‘ble Mr. Justice

A.N. Gupta in Criminal Misc. Case No. 25 of 1995 (Bal Gangadhar

Tripathi & another v. State of U.P. and another) regarding

prevention of Cruelty to animals.

406

69. RELEASE OF INMATES OF PROTECTIVE HOMES 408

(i) Circulation of the copy of order passed by the Hon'ble Supreme

Court on 12.4.93 in writ petition No.1900/1981 Dr. Upendra Bakshi

v. State of U.P. No. 5777 dated May 15, 1993

408

70. PROVIDING OF STATISTICAL INFORMATION TO THE STATE

LAW COMMISSION CONCERNING THE ESTABLISHMENT OF

DIVISIONAL COURT.

410

71. STATISTICAL INFORMATION REGRDING JUDGE STRENGTH

INSTITUTION, PENDENCY AND DISPOSAL OF CASES IN

SUBORDINATE COURTS AS PER THE PERFORM

411

72. STATISTICAL INFORMATION REGRDING JUDGE STRENGTH

INSTITUTION, PENDENCY AND DISPOSAL OF CASES IN

SUBORDINATE COURTS AS PER THE PERFORM

411

73. MINIMIZING THE POSSIBILITIES OF LEAKAGE AND

BREAKAGE OF SAMPLES OF FOOD ARTICLES DRAWN

UNDER P.F.A. ACT AND RULES

411

74. FURNISHING OF STATEMENT OF CASES PENDING UNDER

THE UTTAR PRADESH PUBLIC EXAMINTION (PREVENTION

OF UNFAIR MEANS) ACT, 1998

412

(i) Code of Criminal Procedure (Amendment) Act, 2005 & 2006 412

75. 69TH REPORT OF THE DEPARTMENT RELATED

PARLIAMENTARY STANDING COMMITTEE ON HOME

AFFAIRS ON THE ACTION TAKEN BY GOVERNMENT ON THE

61ST REPORT OF THE COMMITTEE ON THE DEMAND FOR

GRANTS OF DEPTT. OF JUSTICE FOR THE YEAR 2000-2001

413

(i) Sending of timely information of arrest, detention, conviction and

release of the Members of Parliament and Members of Legislative

Assembly to the Speaker.

413

76. ASSIGNMENT OF THE WORK OF COMMITTAL OF CASES AND

REMAND/BAIL BY MAGISTRATE LOCALLY PERTAINING TO

JURISDICTION OF OUTLYING COURTS IN ALL SESSIONS

DIVISIONS IN THE STATE OF U.P.

414

XXIII

CHAPTER - XII

JUDICIAL-MISCELLANEOUS

1. TRANSFER OF CASES 415

(i) Regular cases 415

(ii) Numbering of cases 418

(iii) Transfer of part-heard cases 419

(iv) Central Administrative Tribunal 419

(v) To railway claims tribunal 420

(vi) Pollution cases 421

(vii) Calculation of duration of case 421

(viii) Regarding transfer of pending cases pertaining to New districts

from other districts to new district.

421

2. DISTRIBUTION OF WORK BY C.J.Ms. 422

(i) Amongst judicial magistrates 422

(ii) Distribution between C.J.M. and A.C.J.M. 422

(iii) Conferment of powers 423

(iv) Administrative control over Additional Chief Metropolitan

Magistrates/ Additional Chief Judicial Magistrates.

423

3. DIARY OF PRESIDING OFFICER 424

(i) Proforma 424

(ii) Arrangement of cases 425

(iii) Weekly cause list 425

(iv) Providing the copy of the Case Diary or and other information in

respect of the investigation to the accused person in criminal

cases.

425

(v) Maintenance of court diaries by the Presiding Officers of the

Subordinate Courts in their own handwriting.

426

4. ADJOURNMENT OF CASES 426

(i) How to minimise 426

(ii) Accommodating lawyers 430

(iii) Entries of adjournments 430

5. PREPARATION OF ORDER SHEETS 431

6. PREPARATION, PRESERVATION AND DESTRUCTION OF

RECORDS

432

(i) Paging and maintenance of record 432

(ii) Small Cause cases transferred and tried as regular suits 432

(iii) Records of petty criminal cases 433

XXIV

(iv) Classification of files in Hindi : ‗A‘, ‗B‘, ‗C‘ and ‗D‘ 433

(v) Preservation of freedom movement records 433

(vi) Records of dissolution of Muslim Marriages 434

(vii) Weeding out of the records of cases in the subordinate courts. 434

(viii)To ensure strict compliance of orders of the Court passed in

Government Appeal No. 185 of 2000- State of U.P. vs. Kartar

Singh and others.

434

(ix) To ensure strict compliance of the Courts direction regarding

proper maintenance of the record for the movement of the files in

Government Appeal.

435

7. REQUISITION OF RECORDS 436

(i) From revenue court 436

(ii) From registrar, Joint Stock Companies 437

(iii) From a Panchayati Adalat 437

(iv) Police papers 437

(v) From High Court at Allahabad 438

(vi) From other High Courts 439

(vii) Procedure of dispatch of records 439

(viii) Records sent out on requisition 440

8. RETURN OF RECORDS 441

9. CONSIGNMENT OF RECORD TO RECORD ROOM 443

(i) In appeals 443

(ii) Of execution files relating to cases decided by Registrar, Co-

operative Societies

443

(iii) Of Panchayat Adalat decrees executed and revisions against

decrees and judgments of such courts decided by Munsif‘s Court

444

(iv) Of cases under the Zamindari Abolition and Land Reforms Act

transferred to civil court for decision

444

(v) Of cases under U.P. Imposition of Ceiling and Land Holdings Act. 444

(vi) Of cases decided by Munsif-Magistrates 444

(vii) All registers to be filled up to the last page before consignment to

record room.

445

(viii) Consignment of records to High Court. 445

(ix) Weeding out of the records of cases in the Subordinate courts. 445

10. HISTORIC OR ANTIQUE RECORD 446

(i) Case properties of historical and scientific importance may be sent

to the Police Science Museum, Hyderabad

446

11. REMOVAL OF RECORDS FROM COURT 447

XXV

12. LOSS OF DOCUMENTS 447

13. APPLICATIONS 448

(i) Through post 448

(ii) Execution of an order of Registrar, Co-operative Societies, etc. 449

(iii) Final decree 449

(iv) Review application 449

(v) Presentation, disposal of application 449

(vi) Application under section 340 Cr.P.C. 450

14. COURT FEES AND STAMPS 450

(i) Affixation and cancellation 450

(ii) Deficiency 453

(iii) Use of forged stamps. 455

(iv)

456

(v) For taking punitive action against the persons indulging in printing

and selling forged U.P. Advocates Welfare stamps.

456

(vi) Non-compliance of the provisions contained in Section 35, 38(2),

40 and 47A of Indian Stamp Act, 1899.

456

15. HEARING OF CASES 457

(i) de die in diem 457

(ii) Verification of security bonds 457

(iii) Revenue references 458

(iv) Civil cases against state 458

(v) Election petitions 459

(vi) Jail premises 459

16. AFFIDAVITS 459

17. WITNESSES 461

(i) Oath 461

(ii) Diet money 461

(iii) Accounting of payments 463

(iv) Examination of witnesses 464

(v) Fees 465

18. EVIDENCE 468

(i) Expert opinion 468

(ii) Examination of transferred government servants 468

(iii) Script of evidence 469

XXVI

(iv) Medical experts 470

(v) Recording of evidence by commissioner 470

(vi) Documentary evidence 471

(vii) Official documents 473

(viii) Evidence after the report of the Amin 475

(ix) Non compliance of the provisions of Rules in regard to recoding

of evidence in Civil and Criminal Cases by the Presiding Officers

of the Subordinate Courts.

476

19. JUDGMENTS 476

(i) Recording and pronouncement 476

(ii) Reservation of 477

(iii) Delay in delivery of judgments 478

(iv) Judgments by Sessions Judges 478

(v) Appellate judgments to be sent to lower courts 479

(vi) In Panchayat revisions 480

(vii) Correct citations 480

(viii) Aspersions against witnesses 480

(ix) Criticisms 481

(x) Presence of accused necessary 481

(xi) To be typed in triplicate 481

(xii) Preservation of judgments involving government servant 482

(xiii) Facility for reporting 482

20. LEGAL AID 482

(i) Legal Aid Programme 484

(ii) Legal Aid Programme & Lok Adalats 485

(iii) Service of Notice of Lok Adalat 485

(iv) 485

(v) Organization of Lok Adalat. 486

(vi) Constitution of state Legal Services authority and District Legal

Services authorities

486

(vii) Organizations of Lok Adalat in the districts. 487

(viii) Output of Disposal of cases in Lok Adalats 488

(ix) Orders issued in the matter of State Legal Services Authority. 488

(x) Celebration of ‗Legal Aid Day‘ on 9th November 1998. 488

(xi) Disposal of cases through Lok Adalats. 489

(xii) Establishment of Lok Adalats in hills and other newly created 489

XXVII

districts on permanent basis.

(xiii) Preparation of decree in the cases decided by the Lok Adalat and

authentication of the copy of Award.

490

(xiv) Referring the maximum number of Government cases to the Lok

Adalats.

490

(xv) Enhancement in the maximum limit of the amount to be incurred

on arranging Lok Adalats

493

21. COURT SEAL 494

(i) Prohibition of use of rubber seals by the Judicial Officers in respect

of the orders proposed to be passed.

495

22. USE OF OFFICIAL FORMS 495

23. CASTE NOT TO BE MENTIONED 495

24. HINDI EDITION OF CENTRAL ACTS. 495

25. REGISTER OF MISCELLANEOUS REPORTS AND

PROCEEDINGS

496

26. WATER-MARKED PAPER 496

27. DISPOSAL OF GOLD 496

28. ADMINISTRATION OF PROPERTY: 496

29. PRESERVATION OF EXHIBITS 497

(i) Compliance of the Provision of Section 294 (1) of the Code of

Criminal Procedure.

497

30. PROPER USE OF APPELLATION BY JUDICIAL OFFICERS 497

(i) While exercising civil and criminal powers. 497

31. REPLY OF ENQUIRIES 498

(i) Reply of enquiries made from the Hon'ble Court. 498

32. ADMINISTRATIVE CONFERENCE, 1997 498

33. OPTIONS FOR THE PROPOSED STATE OF UTTARANCHAL

STATE

512

34. DISOPOSAL OF CASES BY THE FAST TRACK COURTS 513

35. STRICT COMPLIANCE OF THE DIRECTIONS PASSED BY THE

COURT IN CRIMINAL CONTEMPT NO.33 OF 1999 – STATE OF

U.P. vs. SRI SHASHI KUMAR TYAGI

513

35-A. (I) The Code of Criminal Procedure (Amendment) Act, 2008 (5 of

2009).

(II) The notification giving enforcement to the provisions of the Code

of Criminal Procedure (Amendment) Act, 2008 except sections

5, 6 and 21(b).

(III) The notification for giving enforcement to the provisions of

Sections 5, 6 and 21(b) of the Code of Criminal Procedure

514

XXVIII

(Amendment) Act, 2008.

(IV) The Code of Criminal Procedure (Amendment) Act, 2010 (41 of

2010)

(V) The notification for giving enforcement to the provisions of the

Code of Criminal Procedure (Amendment) Act, 2010.

CHAPTER - XIII

LEGAL PRACTITIONERS

1. ENROLMENT OF MUKHTARS AS ADVOCATES 515

2. MISCONDUCT 515

(i) Legal Practitioner not to absent himself from court 515

(ii) Conviction of Legal practitioners to be reported 516

(iii) Certifying honorarium as fees 516

3. OBLIGATIONS 517

(i) Legal practitioners to peruse draft decree and correct errors 517

(ii) Smoking and chewing of betel-nuts in courts 517

(iii) Legal practitioners in subordinate courts to inform clients of the

necessity of filing copy of 1st court‘s judgment with second appeal

517

(iv) Form of Dress or Robes to be worn by Advocates 517

(v) Clients‘ monies and the identification of sureties 519

4. CONDUCT OF PERSONAL CASES BY LEGAL PRACTITIONERS 520

5. ADVOCATE WELFARE FUND (AMENDMENT) ACT, 1988–

IMPLEMENTATION.

520

(i) Implementation of the provisions of the U.P. Advocates welfare Fund

(Amendment) Act, 1988

520

(ii) Affixation of Advocate Welfare Stamp on Vakalatnama. 520

(iii) Affixation of new Advocates Welfare Stamp on Vakalatnama from

1.5.2001.

521

(iv)

521

(v) To ensure strict compliance of the provisions as contained in Section

12 of the U.P. Advocates Welfare fund (Amendment) Act, 1999

(U.P. Act No. 3 of 1999)

522

(vi) Order Dated 17.01.2003 of Hon‘ble Court passed in Criminal

Contempt No. 25 of 1999- In Re Sri Shitla Prasad Mishra and 22

other Advocates of Civil Court, Allahabad.

523

(vii) Affixation of Advocates Welfare Stamp of Rs.10/- on each

Vakalatnama by the Advocates.

523

(viii) Affixation of Advocates Welfare Stamp of Rs. 10/- on each

Vakalatnama.

524

XXIX

(ix) For taking punitive action against the persons indulging in Printing

and selling forged U. P. advocates welfare stamps.

524

6. FILING OF VAKALATNAMA BY ADVOCATES 525

(i) Filing of Vakalatnama by Advocates appearing before the Courts. 525

7. PAYMENT OF FEES TO THE ADVOCATES ENGAGED BY THE

GOVERNMENT

526

8. STRIKE BOYCOTTING OF COURTS BY THE LAWYERS 529

(i) Concerning Strike or boycotting of Courts by the lawyers of the

Judgeship

529

(ii) Re: Lawyers abstaining from appearing in Court. 529

(iii) Compliance of order of Hon'ble Supreme Court of India dated

11.1.1994 in writ petition (Civil) Nos. 821 of 1990 and 320 of 1993

529

(iv) Intimation to the Chairman Bar Council, Uttar Pradesh, whenever

Advocates resort to boycott or strike.

533

(v) Strike by Lawyers 535

8-A FORM OF DRESS OR ROBES TO BE WORN BY ADVOCATES 539

CHAPTER – XIV

DISTRICT COURT COMPUTERISATION

1. FACILITY OF COMPUTER CORRESPONDENCE THROUGH NIC

FOR ALL THE DISTRICT HEADQUARTERS OF THE STATE

541

2. PROJECT REPORT PREPARED BY NIC 541

3. DISTRICT COURT COMPUTERIZATION 542

4. 542

5. INFORMATION OF DEMIST SOFTWARE DATA COLLECTION ON

‗A‘ AND ‗B‘ PROFORMAS

543

6. DISTRICT COURTS COMPUTERIZATION COMPULSORY DATA

ENTRY & OPERATIONAL LEVEL TRAINING TO THE NEWLY

RECRUITED CLASS-III OFFICIALS IN THE DISTRICT COURTS

545

***