Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Bihar - Section

Section 23 in Patna High Court Rules, 1916

23. No petition or affidavit shall be read or used in the High Court which does not comply with the provisions of this Chapter.

[24. (i) The High Court may also appoint advocates to function as Commissioners for the purpose of Administration of Oaths and affirmations under clause (b) of Section 139 of the Code of Civil Procedure, Clause (b) of sub-section (i) of Section 297 of the Code of Criminal Procedure and Clause (a) of sub-section (2) of Section 3 of Oaths Act, 1969.
(ii)No advocate may be qualified for appointment unless he has, at least for two years but not exceeding five years, been an advocate of the Patna High Court.
(iii)The eligible advocates may submit their applications for appointment as Oath Commissioners to the President of the High Court Bar, who shall forward the same with his comments about the suitability of the candidates to the Registrar of High Court and every such application may be accepted if he is satisfied about the suitability of the candidate for appointment as Oath Commissioner.
(iv)Such an Oath Commissioner will hold office for a term of two years from the date of his appointment or until a date on which he completes five years of practice at the Bar, whichever is earlier:
Provided that the High Court may curtail the term if it thinks fit to do so:Provided further that the High Court may relax the conditions regarding eligibility and duration of the term of office of an Oath Commissioner on compassionate grounds or in the public interest.
(v)Such on Oath Commissioner may charge a remuneration of [Rs. 10.000] for each affidavit and shall keep a register in the form prescribed in Rule VI11 Infra in which all affidavits shall be entered. A written receipt for the amount paid shall be given by the Commissioner to the deponent. The receipt shall be in the printed form consisting of a foil and counter-foil, the foil being handed over to the person paying the money and the counter-foil being kept by the Commissioner for purpose of inspection.The Commissioner will be entitled for an additional fee from a deponent when he is required to attend the deponent's residence the amount of fee as prescribed in note 3 below sub-rule (3) of Rule 13 at page 80 Part III, Chapter XI11 of the Patna High Court Rules. The aforementioned charges will be addition to any stamp duty payable on an affidavit under the Indian Stamp Act, 1899, Schedule-1 Article IV.
(vi)With a view to ensure that all affidavits which are attested by an Oath Commissioner are entered in the register and receipt for the money received by him, the Registrar/Deputy Registrar will obtain such certificates from the Oath Commissioners of their registers and receipt books containing counter-foils as may be considered necessary.
(vii)The register and receipt books consisting of counter-foils maintained by each Oath Commissioner shall be kept by him in safe custody and deposited in the office of the Registrar within fifteen days after expiry of his terms of office and a receipt obtained from the official nominated for the purpose. The record shall be kept in the office of the Registrar and preserved for five years and destroyed thereafter unless it is required in proceedings before any authority in connection with the investigation, enquiry or trial of a case and in that event, it shall be destroyed after the final decision in the proceedings of the case.
(viii)A register of affidavit in the following form, should be maintained in which every application to have an affidavit attested and every affidavit verified, should be entered:
Form of RegisterRegister of Affidavits attested in the High Court of Judicature at Patna.
SI. No. Date of application or of tendering affidavit Name and address of the person tendering anapplication (if any) or affidavit Nature of affidavit briefly stated; if theaffidavit relates to a cause in court, the cause should bespecified Detail of exhibits if any attached to affidavit. Date of administering Oath or affirmation Name and address of witness identifying theDeponent; if he is not known to officer administering oath &his signature or thumb impression. Signature or thumb impression of the deponent Name of the Court or office in which theaffidavit is intended to be filed Signature and designation of the officer
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
(ix)Above Rules alongwith the general Rules regarding affidavits and forms should be followed.]
[CHAPTER IIIA] [Inserted by C. S. No. 105, dated 30.09.1996.] Filing Procedure