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
***