Section 48 in High Court of Chhattisgarh Rules, 2005
48.
(1)(a)An application under Article 227 (1) of the Constitution of India shall comply with the provisions of Chapter V of the Rules of the High Court and shall also state clearly -(i)the name, description and place of residence of each applicant and of the non-applicant;(ii)the name of the court and Judge by whom the decree or order objected to was passed; and if the decree or order was passed in appeal, the name of the original court and of the Judge presiding over it;(iii)the date or dates of the decrees or orders of the lower courts ;(iv)the grounds on which the relief is sought and also such material facts as may be necessary for the proper determination of the case ;(v)the nature of the relief and the direction or order sought from the Courts;(vi)where a previous application has been made on the same facts the applicant shall give all details thereof and shall also indicate the decision thereon.(b)The application shall be accompanied by the order or decision (if any) and an affidavit verifying the facts relied on.(2)No advocate shall act for any person in these proceedings unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a power of attorney, to make such appointment.(3)Such applications shall be registered as Writ Petition (Article 227).(4)Such applications shall be heard by a Single Judge unless the Judge hearing the application refers the same to be heard by a Division Bench.(5)(a)No record of a case or proceeding in possession of any court or Tribunal over which superintendence is claimed shall be requisitioned unless ordered by the court either of its own motion or upon an application made by any of the parties to the application.(b)Every application shall (unless the Court otherwise directs) be supported by an affidavit showing how the record is material to the case in which the application is made, and that the applicants cannot without reasonable delay or expenses obtain a duly authenticated copy of the record or of such portion thereof as the applicant requires, or that the production of the original is necessary in the interest of justice.(6)(a)All questions of fact arising for determination under this part shall be decided ordinarily upon affidavit, but the Court may direct that such other evidence be taken as it may deem fit.(b)Where the court orders that certain matters in controversy between the parties shall be decided on oral evidence, it may either itself record the evidence or may direct any Court or Tribunal or a Commissioner appointed for the purpose to record it in accordance with the procedure prescribed by law.(7)An application for issue of an interim order, unless accompanied by an application for urgent disposal shall be put up with the case on the date fixed for motion hearing of the case. If an application for an interim order is accompanied by an application for urgent disposal it shall be laid before the appropriate Bench as early as possible.(8)The Court may in such proceedings impose such terms as to costs as it thinks fit.(9)The court may in its discretion either before the non-applicant is called upon to appear and answer or afterwards on the application of the non-applicant, demand from the applicant security in cash for the costs of the application.(10)The rules regarding deposit or withdrawal of money provided in these Rules shall apply to the deposit or withdrawal of security ordered under sub-rule (9).(11)At the conclusion of each case, the court shall pass such orders for the refund or disposal of the security in deposit as it may consider necessary. When the court fails to make an order, the part)' claiming to be entitled to the refund or payment shall make a stamped application for the purpose and it shall be laid before the court for orders in motion.B : Habeas Corpus
