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State of Madhya Pradesh - Section

Section 4 in High Court of Madhya Pradesh Rules, 2008

4. Definitions.

- In these Rules, unless there is anything repugnant in the subject or context-
(1)"Assigned Case" means a case assigned by the Chief Justice to a particular Judge, a bench or a bench headed by a particular Judge;
(2)"Civil Case" means a case except a criminal case:
(3)"Criminal Case" means a case enumerated in Rule 1 (4) of Chapter II of these Rules;
(4)"Full Bench" means a bench comprising three or more Judges as may be nominated by the Chief Justice;
(5)"Held up Case" means a main case in which proceedings in the Lower Court or Tribunal are held up either because-
(a)a stay has been granted; or
(b)the record of Lower Court or Tribunal has been requisitioned by the High Court;
(6)"High Court" means the High Court of Madhya Pradesh;
(7)"Interlocutory Application" means an application filed in a pending main case, praying for relief, interim or otherwise from the Court or the Registrar, except an application made on administrative side to the Chief Justice or the Registrar;
(8)"Main Case" means a case classified in Chapter II of these Rules;
(9)"Memorandum of Appeal" shall include a petition of appeal in a criminal matter;
(10)"Mention Memo" means a written request made to the Court for out of turn listing or early hearing of a main case for an interim relief on the ground of urgency;
(11)"Not Reached or Left Over Case" means a case which could not be or was not, for whatever reason, taken up for hearing on the day of listing;
(12)[ "Part-heard Case" means a case in which bipartite final hearing of a main case has commenced but not concluded and is marked `part-heard' by the Court: [Substituted by Notification No. 39-O.S.D. No. 1, dated 15-5-2009 (w.e.f. 15-6-2009).]Provided that an interlocutory application, heard in part, shall not be treated as part-heard :Provided further that no case heard in part, in motion hearing stage, shall be treated as part-heard;]
(13)"Peremptory Order" means a judicial order passed by the Court directing any of the parties to take a step or perform an act specified in the order, in the prosecution or defence of the case, within the period stipulated therein, ordaining that in the event of failure to comply therewith, a specified consequence shall follow without further reference to the Court;
(14)"Prescribed' means prescribed under these Rules or by circulars or administrative orders, issued from time to time by the Chief Justice;
(15)"Public Interest Litigation" connotes litigation undertaken for the purpose of redressing public injury or grievance, enforcing public duty or vindicating public interest but shall not include a matter involving individual, personal or private grievances;
(16)"Recognized Courier Service" means a courier service approved by the Chief Justice by a general or special order;
(17)"Registrar" means the Registrar (Judicial) in the Principal Seat of the High Court and Registrar in the Benches and includes the Additional Registrar or any other officer who is a member of Higher Judicial Service of the State, with respect to such powers, functions and duties of the Registrar as may be assigned to him by the Chief Justice;
(18)"Regular Bench" means the bench hearing particular class of cases as per current roster;
(19)"Regular Public Interest Litigation" means a writ petition purported to have been filed in public interest, following relevant provisions of law and rules, in the presentation centre of the High Court;
(20)"Roster" means a notification issued by or under the orders of the Chief Justice, assigning particular class (es) of cases to Judges of the High Court for a specified or unspecified period:
(21)"Taxing Judge" means a Judge of the High Court appointed under Section 5 of the Court Fees Act, 1870, by the Chief Justice;
(22)"Taxing Officer" means a Registrar, declared as faxing Officer by the Chief Justice under Section 5 of the Court Fees Act, 1870;
(23)"Tied-up Matter" means a matter, which, by virtue of any law, rule, order or judgement, is required to be heard by a particular Judge or bench and includes-
(1)an assigned case;
(2)a part-heard case;
(3)repeat application for bail or suspension of sentence;
(4)an application for cancellation of bail or suspension of sentence granted by the High Court;
(5)an application for grant of leave to appeal to Supreme Court;
(6)an application under Section 340 of the Code of Criminal Procedure, 1973;
(7)an application for review of a final order or judgement; but shall not include an application for stay/interim relief, review/recall of an interlocutory order or for vacation/ modification of stay/interim relief.