State of Bihar - Act
Patna High Court Rules, 1916
BIHAR
India
India
Patna High Court Rules, 1916
Rule PATNA-HIGH-COURT-RULES-1916 of 1916
- Published on 24 April 1991
- Commenced on 24 April 1991
- [This is the version of this document from 24 April 1991.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Rules for the disposal of Non-judicial Business
1. [ [Substituted by C.S. No. 68, dated 12.12.1984.]
There shall be a Standing Committee composed of -2.
The Standing Committee shall be charged with the control and direction of the Subordinate Courts, so far as such control and direction are exercised otherwise than judicially.3.
The Standing Committee shall have power, without reference to the Judges generally -4.
Every order passed and every draft letter approved by the Standing Committee shall be signed by each member of it.5. [ [Substituted by C.S. No. 69, dated 12.12.1984.]
The two Judges being members of the Standing Committee nominated under Rule 1 (b) shall have executive charge of the Administrative Department:Provided that each of them shall discharge such business as may be allocated to him by the Chief Justice.[Deleted by C. S. No. 100, dated 23.5.1995.]In case of difference of opinion, the matter shall be decided by the Chief Justice.]Powers of the Judge in the Administrative Department6.
Orders on all correspondence and on all returns and statements (not being returns to Rules and judicial orders or explanations called for by particular Judges of Benches) shall ordinarily be passed under his powers, as hereinafter specified, by the [Judges] [Substituted by C.S. No. 97, dated 24.04.1991.] in the Administrative Department.7.
The [Judges] [Substituted by C.S. No. 97, dated 24.04.1991.] in the Administrative Department [are] [Substituted by C.S. No. 97, dated 24.04.1991.] empowered to pass orders on -8.
A Sub-Committee may be appointed by the Judges at a meeting of the Full Court, or by the Chief Justice, at any time to consider and report to the Full Court upon any matter which may be referred to it.9.
Such a Committee shall have power, without reference to the Judges generally, to enter upon and conduct any correspondence which the members may consider desirable in order to enable them to prepare their report.10.
Every order passed and every draft letter approved by a Sub-Committee shall be signed by a majority of the members.Contemplated Legislation11.
Bills of Parliament and of the State Government forwarded to the High Court for opinion, proposals for the amendment of the law, and generally all matters connected with the development of the law shall ordinarily be referred in the first instance to Sub-Committees appointed under Rule 8 consisting of not less than three members.General12.
It shall be the duty of the Registrar to submit all papers relating to any matter to the Committee, if any, appointed to deal with it.13.
In all cases in which the Standing Committee has acted under Rule 3 or a Sub-Committee under Rule 10, the correspondence shall be laid on the table for the information of the Full Court, and a notice shall be circulated [fortnightly] [Substituted by C. S. No. 97 dated, 24.04.1991.] to all the Judges of the matters which have, during the past [fortnight] [Substituted by C. S. No. 97 dated, 24.04.1991.], been laid before such Committees, showing whether they have been disposed of, and, if so, in what manner.14.
[(i) It shall be competent to any Judge to require that any matter within the cognizance of any Committee shall be referred to the Full Court.] [Added by C. S. No. 97 dated, 24.04.1991.]15. [ [Substituted by. C.S. No. 40, dated 7.10.1982.]
16.
Any individual Judge shall be at liberty to record a separate minute upon any matter that comes before the Full Court for discussion; but no such minute shall be submitted to the Government by the Registrar, unless, or until, it has been circulated to the rest of the Judges.17.
Except for some special reason, the papers relating to any matter for discussion at a meeting of the Full Court shall be circulated to all the Judges before the day of the meeting.18.
The proceedings of all meetings of the Full Court and of the Standing Committee shall be recorded in books to be kept for that purpose by the Registrar, and shall be at all times open to inspection when called for by any of the Judges.Chapter II
Constitution of Benches and Powers of Benches and of the Registrar
1. The following matters may be heard and disposed of by a Single Judge: -
2. The business of the Supreme Court shall be laid before the Bench presided over by the Chief Justice unless he shall otherwise direct.
3. A proceeding of the kind referred to in Rule 1 (xi) of this Chapter may, in the discretion of the Bench hearing the same, be heard either in Court or in Chambers as it may direct. An ex parte motion or application entertainable by a single Judge may be made in Court or in Chambers as the Judge may direct. An urgent application may be made to the Vacation Judge in Court or otherwise as he may direct. Every other appeal, motion or application except one entertainable by the Registrar, Deputy Registrar or Assistant Registrar shall be presented or made in open Court.
4. Notwithstanding anything to the contrary contained in these Rules, a Single Judge, while acting in long vacation as a vacation Judge, may issue notice or Rule, as the case may be, in any criminal matter, and in such other matters, civil or under the Constitution, as he may consider emergent, and may also pass interim orders regarding stay, injunction, bail and other reliefs, as may be deemed fit.
5. When in an appeal in any civil matter heard by a Bench of two Judges, a difference of opinion arises between them on a point of law, if either of the Judges desire that the appeal be referred, it shall be referred to and heard and determined by, such Judge or Judges as the Chief Justice may appoint. The appeal shall be re-argued before the Judge or Judges to whom it is so referred either sitting apart from or with the referring Bench as the Chief Justice shall direct.
6. Appeals to the High Court under Clause 10 of the Letters Patent from the judgment of a Bench confirming the judgment of a lower Court under Section 98 of the Code of Civil Procedure shall be heard by a Bench consisting of at least three Judges, including both or neither of the Judges of the Bench from whose judgment the appeal is preferred, and if from the judgment of one Judge of a Bench of two Judges, it shall be heard by a Bench consisting of at least two Judges other than the Judge from whose judgment the appeal is preferred.
7. References under the Indian Divorce Act, 1860 (IV of 1860), and under Section 60 of the Indian Stamp Act, 1899 (II of 1899), must be placed before a Bench of three Judges.
8. A charge against an Advocate, Vakil, Attorney, Pleader or Mukhtar in respect of any misconduct for which he may be suspended or dismissed from practice and a disciplinary case under the Legal Practitioners Act (XVIII of 1879) shall be heard by a Bench of three Judges.
9. A point of law reserved under the provisions of Clause 18 of the Letters Patent shall be heard by a Bench of three Judges.
10. Save as provided by law or by these Rules or by an order of the Chief Justice every other case shall be heard by a Bench of two Judges.
10A. Subject to the provision of these Rules, the Chief Justice shall direct what case or classes of cases shall be placed before each Judge or Bench.
11. Notwithstanding anything to the contrary in the Rules the Chief Justice may direct that any application, petition, suit, appeal or reference shall be heard by a Full Bench.
12. Full Bench shall be a Bench of any number not less than three Judges.
13. In addition to the powers conferred upon him by other Rules the Registrar shall have the following duties and powers: -
14. The Registrar may delegate any of his functions under these Rules except those which are of a judicial or quasi-judicial character to the Deputy Registrar or other Officer of the Court.
15. Appeals and applications entertainable by the Registrar shall be presented to him and not to a Bench.
[16. In the absence of the Registrar his powers and duties under Rule 15 of this Chapter shall be performed by the Additional Registrar and in the absence of both the Registrar and the Additional Registrar or when the Chief Justice so directs, the powers and duties under Rule 13 (i) to (xiii) of this Chapter shall be performed by the Deputy Registrar as also the powers and duties under Rule 13 (xiv) to (xxiii) shall be performed by the Deputy Registrar or the Assistant Registrar.] [Substituted by C.S. No. 87, dated 31.05.1986.]17. In the absence of the Deputy Registrar, his powers and duties or any of them may, if the Registrar so directs, be performed by the Assistant Registrar.
Chapter IIA
Rules regarding Purchase, Issue and Return of Books in the High Court Library
Library(i)General1. The High Court Library (hereinafter called the Library) shall comprise of (1) the General Library, (2) the Libraries in the Court-rooms, (3) the Libraries in the Chambers of the Judges and the officers of the Court (4) the Libraries at the residences of the Judges and officers of the Court and (5) the Libraries attached to the Court's various offices.
2. The Librarian shall remain in overall charge of the Library but the responsibility for the safe custody and proper maintenance of books in the various Sections of the Library shall be as follows: -
| (a) General Library | Librarian |
| (b) Single Judge's Court-room Library | Bench Clerk concerned. |
| (c) Divisions Bench's Court room Library | Bench Clerk of the senior Judge occupying theCourt-room. |
| (d) Judge's Chambers' Library | Bench Clerk of the Judge occupying the Chambers. |
| (e) Officers' Chambers' Library | Officer occupying the Chambers or any otherperson authorised by him. |
| (f) Library at the residence of the ChiefJustice | Private Secretary to the Chief Justice or anyother person authorised by him. |
| (g) Libraries at the residences of Judges andOfficers | Personal Assistants to the Judges and theStenographers attached to the Officers. |
| (h) Libraries in the office-rooms | Chief Ministerial Officer of the officeconcerned. |
3. Periodicals, Acts, Rules, Codes, Manuals, Reports, Returns, Gazettes, Maps, etc., shall be treated as books for the purpose of the rules in this Chapter.
4. As soon as list of latest publications has been received, the Administrative Officer In-charge of the Library will scrutinize the same with the help of the Librarian, find out if later editions of the standard law books have been published and place a report about this as well as about other publication necessary to be purchased before the Library Committee comprising of two or more Judges nominated by the Chief Justice. If approved by the Committee, the purchases will be made accordingly.
5. (a) Orders for the purchase of new publications shall be placed by the Administrative Officer In-charge, Library after obtaining special sanction of the Chief Justice:
Provided that no such sanction will be necessary for the purchase of Government publications of Acts, Rules, Codes, Manuals, etc., which may be purchased by the Administrative Officer himself in adequate number under the orders of the Deputy Registrar:Provided further that if the Government publications of the latest Acts, codes, Rules, etc., be not readily available private publications on the subject, if available, may be purchased with the approval of the Registrar.6. (a) A stock register of all books received in the Library shall be maintained in the form appended below and in Col. 7 "how disposed of" shall be noted whether a particular book has been kept in the General Library or made Over to any of the Sections mentioned in Rule 2. The Librarian's signature should appear in the remarks column against each book received. As soon as any book is received, it shall at once be entered in the aforesaid register, and in the catalogue. Once a quarter the Librarian will submit the register for inspection to the Deputy Registrar.
FormStock Register of Books in the Court Library| SI. No. | Date of receipt | Title of books | No. of copies | Price, if any | From whom received | How disposed of | Library | Remarks | |
| Head | No. | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
7. Each book must have a number labelled upon it corresponding to a number in the catalogue, and as fresh additions are made in the Library, they should be labelled and numbered in like manner. All such books shall be stamped by the Librarian on the inside cover and on at least four places inside the books.
8. There will be a printed book-card for each book in the following form: -
Book CardTitle...................................Author..................................Year of Publication.......................Catalogue No. ..............................| Borrower's name | Date of issue | Date of return | Signature of the Librarian |
| 1 | 2 | 3 | 4 |
9. Bills presented in support of payment for purchases of books shall be accompanied by a certificate that the articles detailed in the vouchers have been actually received and entered in the Stock Register, their quantities are correct and their quality good, the rates paid are not in excess of accepted or market rates and suitable notes of payments have been made in the indents and invoices concerned to prevent double payment. The authority under which the purchase is made shall also be quoted.
10. (a) No book shall ordinarily be issued from the General Library unless a written requisition duly signed is submitted by the intending borrower in the prescribed form properly filled in. Requisitions from the Judges and officers may be signed by them or on their behalf by their Personal Assistants or Stenographers or by the Bench Clerks.
11. (a) As soon as the requisition is received, it shall be sealed with a date stamp and serial number given to it.The books mentioned in the requisition will then be issued after making necessary entry in the card pertaining to the book which is issued. Necessary entry will be made thereafter in the Register of Books issued which shall be maintained by the Librarian in the following form: -
1. Serial number.
2. Serial number of the requisition.
3. Name of the borrower.
4. Name and number of each book issued from the Library.
5. Date of issue.
6. Date of return and the Librarian's initial with date.
7. Date of reminder, if any.
8. Remarks.
Note 1. - The requisition slip will serve the purpose of acknowledgement from the borrower. As such no separate receipt need be insisted upon.Note 2. - The requisition slips shall be filed in a separate bundle for each month.12. The books borrowed from the Library must be returned as soon as done with. Ordinarily no book should be retained for more than a fortnight from the date of issue. A list of books issued in a particular month which have not been received back during the following month of issue shall be circulated to all borrowers for returning the books to the Library. If no notice is taken of this reminder, the Librarian will bring the matter to the notice of the Registrar. A similar list will be prepared of books issued to the Judges and sent to the Personal Assistants of the Judges concerned.
13. No book from any Court-room Library shall be sent outside, except to the Judges of the Court in which case the Bench Clerk shall keep a note and replace the book on receiving its back.
14. Books will not be issued to Advocates or to any outsider but, with the previous approval of the Registrar, books required for bona fide public purposes may be lent to the Heads of Office situate at Patna, on a written requisition from a Gazetted Officer. When a book has not been returned by the person to whom it was issued for seven working days, the Librarian shall report the matter to the Registrar for orders.
15. A physical verification of books in the Library shall be done every alternative year, preferably during the summer vacation, by an officer to be appointed by the Registrar and who is not connected with the General Library. He will submit to the Registrar a consolidated report of verification of all books, including the books in the General Library.
16. The Librarian shall, from time to time, inspect the books and weed out duplicate copies of superseded editions and books which are of no further use. The weeded out books may be disposed of in such manner as may be considered appropriate by the Registrar.
17. It will be the duty of the Librarian to see that all the latest amendments are incorporated in all the books, viz., Bare Acts as well as annotated editions in the Library. The librarian shall also issue the required number of correction slips or typed slips for incorporation in the Bare Acts and the annotated editions in the Court rooms, Chambers and the residences of the Judges to such of those officers who have been made responsible for the library under Rule 2 and such ministerial officers would be directly responsible to paste and incorporate these amendments in those books. The Administrative Officer incharge will also from time to time inspect these books and see whether these amendments have been incorporated or not and wherever he finds that this has not been done, he will have the amendments incorporated and also bring it to the notice of the Registrar for necessary action against such of those ministerial officers as may be thought necessary.
18. The Administrative Officer incharge of the Library will see that the above Rules are followed strictly by all concerned and for this purpose, he may call for necessary reports periodically.
Part-II Procedure and PracticeChapter III
General Rules regarding Applications and Affidavits
1. Every application to the High Court shall be by a petition written in the English language.
2. Every petition shall state concisely and clearly -
3. (i) The facts stated in every petition shall be verified either by solemn affirmation or on oath of the petitioner, or by a separate affidavit annexed to the petition-the solemn affirmation of oath being made in every case before a Commissioner for Affidavits or other officer appointed for the purpose.
4. [(1)] [Existing Rule 4 re-numbered as 4 (a) and 4 (b) by C. S. No. 5 dated 30.9.1974 and subsequently renumbered as 4(1) and 4 (2) instead of 4(a) and 4(b) by C.S. No. 18, dated 19.12.1977.] Every petition and every affidavit with annexure, if any, shall be entitled "In the High Court of Judicature at Patna," and shall be -
(i)[Deleted by C. S. No. 107 dated 30.9.96](ii)couched in proper language;(iii)signed and dated either by the petitioner or declarant or his pleader;(iv)presented either by the petitioner or declarant or his recognised agent or his pleader or some person appointed in writing in each case by such pleader to present the same.4A. [] [Existing Rule 4A re-numbered as 4B by C.S. No. dated 19.12.1977] Here and throughout these Rules unless there is anything repugnant in the subject or context "pleader" means advocate, vakil or attorney.
4B. [] [Existing Rule 4A re-numbered as 4B by C.S. No. dated 19.12.1977] When a Vakalatnama is given by a party, who can sign his or her name, it must be signed by the party. When the party cannot sign his or her name, the Vakalatnama must be endorsed as follows: -
I, A. B. Do hereby appoint C. D. Advocate, to act for me in the above named cause, in token whereof I have affixed my left thumb impression in the presence of E.F.X (Left thumb impression)and I, E. F. do hereby attest the above thumb impression as having been affixed in my presence by A. B. who is known to me.5A. Every petition shall, immediately after the cause title, state the Section and statute under which it is made.
6. Every petition or affidavit containing any statement of facts shall be divided into paragraphs, every paragraph shall be numbered consecutively and, as nearly as may be, shall be confined to a distinct portion of the subject.
7. Every petition or affidavit shall set forth the petitioner's or declarant's full name and if he is not the plaintiff or defendant in a suit, or the appellant or respondent in an appeal in which the application is made, it shall also set forth the name of such petitioner's or declarant's father, his caste, or religious persuasion, his rank or degree in life, his profession, calling, occupation or trade and his true place of residence.
8. Every person referred to in a petition or affidavit shall be described therein in such manner as will serve to identify him clearly, that is to say, by the statement of his correct name and address and such further description as may be necessary for his identification.
9. Every place referred to in a petition or affidavit shall be correctly described.
10. Every petition shall, when presented by a pleader, bear his signature as pleader.
11. When the petitioner in any petition or the declarant in any affidavit, speaks to any facts within his knowledge, he must do so directly and positively using the words "I affirm (or make oath) and say".
12. When in an affidavit on an interlocutory application the declarant makes a statement of his belief he shall, if the facts are ascertained -
13. Every Commissioner before whom a petition is verified or an affidavit is made shall at the end of the petition or affidavit, certify the verification of the petition or making of the affidavit in the prescribed form. He should also sign each page of the petition or the affidavit.
14. Every document referred to in an affidavit shall be marked as an exhibit and shall bear the certificate of the Commissioner before whom the affidavit was made in the prescribed form.
15. Except under the special orders of the Registrar no document, being an exhibit to an affidavit or verified petition, or the materials for any application, shall be given back unless the document is an original document, in which case it may be taken back on an order of the Registrar, a certified copy being retained.
16. Every person verifying a petition or making an affidavit, if not personally known to the Commissioner before whom the petition is verified, or the affidavit is made, shall be identified to such Commissioner by some one known to him and the Commissioner shall state at the foot of the petition or affidavit, as the case may be, the name, address and description of the person by whom the identification was made.
17. Every Pardanashin woman verifying a petition or making an affidavit shall be identified in the manner specified in the preceding Rule and every such petition or affidavit shall be accompanied by the affidavit of identification of such woman made at the time by the person who identified her.
18. The Commissioner before whom any verification of a petition or any affidavit is about to be made shall, before the same is made, ask the person proposing to make such verification or affidavit if he has read the petition or affidavit, and understands its contents, and if the person proposing to make such verification states that he has not read the petition or affidavit, or appears not to understand its contents, the Commissioner shall before allowing the verification or affidavit to be made, cause it to be read and explained to the declarant in a language which he understands.
19. Every interlineation, alteration or erasure in a petition or affidavit shall be authenticated by the initials of the Commissioner before whom the petition was verified or the affidavit was made, and shall be so made as not to render it impossible or difficult to read either the interlineation, alteration or erasure, or the original word or figure which may have been altered or erased.
20. In administering oaths and affirmations to declarants the Commissioner shall be guided by the provisions of the Indian Oaths Act, 1873 (X of 1873), and the following forms shall be used: -
OathI .........................swear that this my declaration is true, that it conceals nothing and that no part of it is false, so help me God.AffirmationI ..............................solemnly declare that it my declaration is true, that it conceals nothing and that no part of it is false.21. No affidavit shall be read at the hearing of any appeal, application or other proceeding unless a copy thereof has been served upon the other party or his pleader at least seven days before the hearing, or if the affidavit is only in answer to the opponent's affidavit, at least 24 hours before the hearing:
Provided that this Rule shall not apply to urgent motions or applications or to motions or applications made ex-parte.22. The Registrar may permit clerical errors in any memorandum of appeal, application or affidavit which has been filed in the Court to be corrected in his presence by the appellant, applicant or declarant or by his pleader:
Provided that the Registrar shall initial and date every such correction.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.| 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. |
1. All applications, petitions memos of appeal, affidavits shall be filed at the Centralised Filing Counter before the Designated Officer, to be nominated by the Chief Justice.
2. Except Interlocutory Applications (IA), as referred to in Rule 13, the applications, petitions and memo of appeals shall be filed only after stamp report and after the defects, if any, pointed out by the stamp reporter have been removed unless the Designated Officer be of the opinion that the stamp report regarding the defects is not correct or that the defects can be ignored or they are not curable:
Provided that the Registrar, authorised in that behalf, may permit any application, petition or memo of appeal to be filed on the last day of limitation without stamp report.3. The filings shall be received at the counter from 10.30 A.M. to 1 P.M. and 2. 15 P. M. to 3.30 P. M. on Court working days and from 10.30 A. M. to 1.00 P. M. on Saturdays.
4. (a) The applications, petitions, memo of appeal including interlocutory application (IA), as referred to in Rule 13, shall be in paper-book form with index typed on foolscape size water-marked plain demi paper (pie paper) or bond paper capable of being used in the printer of the computer, with a margin of two inches containing approximately 24 lines, paginated with annexure numbers, and shall be accompanied by a synopsis of the case giving the relevant dates of events in chronological order.
5. All filings shall be noted in the Computer as well as in the Register maintained for the purpose under the supervision of the Designated Officer who shall thereafter grant acknowledgement receipt.
6. After entries are made, the Designated Officer shall either himself or through office staff under his supervision check the following: -
7. Except where the Designated Officer is of the opinion that the stamp report regarding the defects is not correct or that the defects can be ignored or that they are not curable, and in cases where any defect as specified in Rule 6 is noticed, the filing shall be returned to the person presenting the same with intimation regarding the defects to be re-filed after removing the defects within seven days. Any re-filing after the expiry of seven days exclusive of date of return shall be subject to law of limitation.
8. Where the Designated Officer is of the opinion that there is bona fide arguable point pertaining to any defect, he shall refer the matter to the Bench for orders or admission.
9. All defect free applications, petitions, memos of appeal etc. including such applications, petitions, memos of appeals in which the defects have been ignored or is considered to be not curable, shall be numbered under the respective heads of cases.
10. Defect-free applications, petitions, memos of appeal, affidavits etc. shall immediately be sent to the concerned Section for being listed before the Bench.
11. Criminal Appeals, Criminal Revisions and Criminal Miscellaneous (Bail and Quashing) including motion slips filed before 1.00 RM. shall ordinarily be posted for admission or orders, as the case may be, on the following day.
12. Where any interlocutory Application is filed in a case which is running before the Bench, or urgency being shown, the same shall be laid on the records of the cases without any delay.
[13. (1) All cases shall be listed for admission alongwith interlocutory applications seeking interim relief(s), if any, chronologically in accordance with the 'date of filing. No matter shall be listed for admission out of turn unless so directed by the Chief Justice or by the appropriate Bench nominated by the Chief Justice in this regard, notwithstanding the filing of an interlocutory application for interim relief(s).14. The provisions as contained in this Chapter particularly those of Rules 1, 3, 5 and 7, so far as may be, shall be applicable to filing of process fee, court fee, Vakalatnama, documents, slips and any other paper relating to any case.
FormatIn the High Court of Judicature at Patna(Civil/Criminal/Etc. Jurisdiction)I.A. No of 20.................inC.W.J.C./F.A./S.A/Criminal Appeal etc. No 20.................In the matter of| A. | ...Petitioner/Appellant |
| B. | ...Respondent/Opposite Party" |
Chapter IV
Appeals to the Supreme Court
Part A – Civil
1. The provisions of Chapter 111 shall apply, so far as may be, to an application for certificate to appeal to the Supreme Court.
2. Subject to the provisions of the Supreme Court Rules, 1965, as amended by the Supreme Court (Amendment) Rules, 1968, the provisions of Order XLV of the Code of Civil Procedure and these Rules, so far as may be applicable, shall apply in relation to applications for certificate to appeal to the Supreme Court under any provision of law including applications under Articles 132 (1), 133 (1) and 135 of the Constitution.
3. No application which is not for an order (1) to transmit a decree or order of the Supreme Court for execution to a subordinate court where no special directions are required, (2) to transmit a security to a subordinate court for investigation as to its sufficiency and (3) to refund surplus deposit made for the purpose of preparing translation, manuscripts, etc., shall be moved or filed without a copy thereof being previously served by the applicant on the pleader appearing for the Opposite Party together with a notice in the following form: -
Take notice that this application will be made in Court onthe..., day of... 19... at... O' clock in the forenoon when you are required to attend and show cause against the application if you desire to do so.4. In all cases where a party has been represented at the hearing of the connected case by a Pleader, service of notice on his Pleader in the manner provided by the Code of Civil Procedure or by forwarding to such Pleader a copy thereof by registered post shall be deemed to be sufficient notice to the party, and, unless his Vakalatnama has been cancelled with the sanction of the Court, such Pleader is bound to accept service of notice:
Provided that if the Pleader served with the notice is unable to communicate it to the party concerned, he shall inform the Registrar, who may thereupon either order the notice to be served by registered post or through a Court or if necessary obtain the directions of the Court.5. (i) Every application for certificate to appeal to the Supreme Court shall be supported by an affidavit and shall be accompanied by certified copies of the judgment and the decree or order under appeal and a copy of brief for the use of the second Hon'ble Judge and shall, immediately below the title, have endorsed on it "Appeal to the Supreme Court" and shall state -
6. [Every such application shall be presented at the centralised filing counter where it will be registered and examined whether it is in time, sufficiently stamped and complies with the provisions of the Rules. Where the application has not been filed in accordance with the Rules of the Court the case shall be laid before the Bench for orders. Whether the application is in order or the defects, if any, have been removed, the Registrar shall order notice to issue to the other side to show cause as to why the certificate asked for should not be granted.] [Substituted by C. S. No. 108, dated 30.09.96.]
7. [Deleted by C. S. No. 20 dated 30.1.1978.].
8. When the certificate to appeal to the Supreme Court has been granted, the certificate shall be prepared and kept on the record.
9. Immediately after grant of the certificate by the Court or on receipt of the order of the Supreme Court giving special leave to appeal the Deputy Registrar shall, as soon as possible, call for the records and other material papers from the court below.
10. On receipt of order of the Supreme Court granting special leave to appeal, the Registrar shall cause it to be registered and after necessary check up with regard to names, etc. of the parties, it shall be laid before the Court for necessary orders.
11. On receipt of the copy of the petition of appeal from the Supreme Court, the Registrar shall -
12. (a) Where the proceeding from which the appeal arises, had, in this Court or in the courts below, been in English language, the Registrar shall, unless otherwise ordered by the Supreme Court, transmit to the Court at the expenses of the appellant, the original record of the case including the record of the Court below, soon after the receipt from that Court, of the copy of the petition of appeal.
13. The following charges shall be estimated for and be payable in respect of the matters specified:
| Estimate of cost | ... | ... | Rs. 16.00 |
| Translation for every 150 words or less | Re. 1.00 | ||
| Preparation of the transcript | : | The rates specified in Chapter XIV, Rules intriplicate 5, P. H. C. Rules | |
| Authenticating one copy of transcript record,for every 8 pages. | Re. 1.00 | ||
| Preparation of Index for every 16 pages | Re. 1.00 | ||
| Preparation of list of omitted documents forevery paper | Re. 0.10. | ||
| Checking fee per page | ... | ... | Re. 0.10 |
| For transmission of the record to the SupremeCourt: | According to existing Postal or Railways rates. |
14. In case record of a case is printed under the supervision of the Registrar of this Court, over and above the charges mentioned in Rule 13 (supra), printing charges shall be payable at the following rates: -
| [Per printed page where not more than 70 copies are required] [Substituted by C. S. No. 13, dated 30.06.1977.] | As per rates in the contract | ||
| For tabular matter exceeding one-tenth of the wholepaper-book | in force | ||
| Certifying one copy of the printedrecord, for every 8 pages | ... | Re. 1.00 |
15. Where the appellant fails to make the required deposit and the preparation of the record is suspended as required by Rule 23 of the Supreme Court Rules, the default shall be reported to the Supreme Court and where the respondent defaults in depositing the requisite charges the documents may be excluded from the record and a note to that effect may be made in the index.
16. In case the time for making any deposit fixed or granted under these Rules expires during the vacation when the office remains open for the transaction of urgent business, the deposit shall be made on that day or the next following day when the office remains open for the transaction of urgent business.
17. Where after preparation of the transcript or printing of the record for transmission to the Supreme Court, it is found that the amount deposited by either party is not sufficient to defray the cost of preparation or printing of his portion of the record, the Registrar shall call upon the party concerned to deposit the deficit cost within a time fixed by him but the transmission of the transcript or the printed record to the Supreme Court shall not be withheld. A note, however, that there is deficit cost to be realized either from the appellant or the respondent, as the case may be, will be forwarded alongwith the transcript or printed record. If the party fails to deposit the deficit cost within the time allowed by the Registrar, the matter shall be reported to the Supreme Court and shall also be laid before this Court for necessary orders.
18. The documents omitted from inclusion in the transcript or the printed record shall be enumerated in a type-written list to be transmitted with the record.
19. Soon after the transmission of the record, the Deputy Registrar guardian for the minor respondent shall write to the Supreme Court expressing his inability to act for the minor and seeking permission of that Court to retire from such guardianship. An intimation of his having done so shall be given to the appellant asking him to take steps in the Supreme Court for discharge of the guardian and for appointment of a new guardian of such minor in accordance with the Rules of that Court. Notice will also be issued at the cost of the appellant to the natural guardian of the minor respondent informing him that the Deputy Registrar guardian has sought permission of the Supreme Court to retire from the guardianship of the said minor.
20. All applications by or on behalf of a minor or a person of unsound mind shall be made in the name of the minor or person of unsound mind by the person whose name is on the record as his next friend or guardian, and whenever any application is consented to or opposed by a minor or person of unsound mind, the minor or person of unsound mind shall in like manner be represented by the person who appears on the record as his next friend or guardian.
21. In case there is no next friend or guardian upon the record a separate application for appointment of a next friend or guardian shall be made.
22. The provisions of Chapter VI of the Patna High Court Rules shall apply, so far as may be, to applications for certificate to appeal to the Supreme Court.
23. When a party who has been successful in an appeal to the Supreme Court applies for a certificate of the cost incurred in the appeal in this Court, the Registrar shall, upon production of the order of Supreme Court for the payment of such costs, and without reference to the Court prepare such certificate and place it on the record of the Supreme Court Appeal. A copy of the certificate may then be taken by the party in accordance with the Rules of the Court.
24. An information of the receipt of the certificate of taxation of the cost incurred by the parties in the Supreme Court shall be given to the Advocate of the parties without delay.
Part B – Criminal
25. Order XXI of the Supreme Court Rules, 1966, and Rules of Part A of this Chapter, as far practicable, shall apply to applications for certificate to appeal to the Supreme Court in criminal cases and also where special leave is granted by the Supreme Court in such cases.
26. Every application for a certificate to appeal to the Supreme Court in respect of a criminal proceeding either under Article 132 (1) or 134 (1) (c) of the Constitution may be made orally to the Bench immediately after the judgment is delivered or in writing within the period prescribed under Article 132 of the Limitation Act, 1963 In case where a sentence of death is confirmed or passed by the High Court, the decision shall be communicated to the condemned prisoner and a copy of the judgment shall be immediately supplied to the Advocate for the condemned prisoner free of cost.
27. Immediately upon the receipt of the petition of appeal from the Registrar of the Supreme Court, the appeal shall be registered; the original lower court record of the case, if it has been returned to the Court below, shall be called for; and the advocates of the parties shall be informed of the receipt of the copy of the petition of appeal from the Supreme Court.
28. On receipt of the copy of the petition of appeal from the Registrar of the Supreme Court, or the record of the Lower Court, if it has been called for under Rule 27 supra, 5 copies or more of the printed record, if available for despatch to the Supreme Court, shall be transmitted along with the entire original record including the record of the Courts below. One of such copies shall be duly authenticated by the Registrar of the High Court. In case only two copies of the High Court paper-books be available for despatch to the Supreme Court, they may be treated as transcript record for the purpose of printing there. Only such of the additional documents as the parties choose to include for the hearing of the appeal there shall be typed in duplicate and be transmitted to that court alongwith the High Court paper- books, one copy of which shall be duly authenticated.
Explanation I. - For the purpose of this Rule the original record shall not include judgments of the High Court and the Courts below, but only duly authenticated copies thereof.Explanation II. - Printing for the purpose of this Rule includes cyclostyling and typing and printed record includes cyclostyled or typed record.29. In appeals involving sentence of death and in such other cases in which there is a direction from the Supreme Court, the transcript shall be prepared and printed if it is to be printed under the supervision of the Registrar of the High Court, at the expense of the State. In cases where the records are to be printed under orders of the Supreme Court under the supervision of the Registrar of the High Court at the cost of the parties, they will be printed in accordance with the Rules contained in the first schedule to the Supreme Court Rules, 1966. Cost for preparation or the transcript of printing of the record shall be charged according to the rates prescribed in Part A of the rules of this chapter, and realised from the appellant except for the papers which are included at the instance of the respondent and which the appellant is not bound to include in the paper-book. Cost of such paper shall be realised from the respondent.
30. The record of the case for transmission to the Supreme Court shall, subject to special direction, if any, in a particular case, include the judgment of the High Court, the certificate granted, if any, the copy of the petition of appeal received from the Supreme Court, the papers already printed or typed in the paper book of the High Court stage, subject to the inclusion or exclusion of any paper in accordance with the list settled by the Registrar as per Rule 28 supra.
31. Where the paper books are to be printed under the supervision of the Registrar of this Court under the orders of the Supreme Court, twenty five copies of the record shall ordinarily be printed unless otherwise ordered by the Supreme Court. Not less than fifteen copies of the same shall be transmitted to the Supreme Court in cases where the appeal raises a question relating to the interpretation of the Constitution and not less than 10 copies in other cases.
32. In case where the records are to be printed in this Court, the same shall be made ready and transmitted to the Supreme Court within a period of forty five days for the receipt of the copy of petition of appeal from the Registrar of the Supreme Court.
33. Where the appellant fails to take necessary steps to have the record prepared and transmitted to the Supreme Court with due diligence, the Registrar of High Court shall report the default to the Registrar of the Supreme Court.
34. As soon as the record is transmitted, notice of the fact shall be given to the parties to the appeal either through Advocates concerned or direct, if unrepresented, and a certificate as to the date or dates on which the notice has been served shall be sent to the Registrar of the Supreme Court; and in case of death sentence, two copies of the paper-books, if it is printed here, shall be forwarded to the State Government.
35. When after the disposal of a case, a formal order is received from the Supreme Court, a copy of the same shall be forwarded at once to the lower court concerned for necessary action:
Provided that in a case where a sentence of death has been passed, confirmed or modified, a copy of the formal order received from the Supreme Court shall be forwarded at once to the State Government for information or for such action as they may think fit to take, followed by a copy of the judgment of that Court as soon as it is received in this Court from the Registrar of that Court.Chapter V
Reference to a Full Bench
1. Whenever a Division Bench desires and the Chief Justice consents that any case shall be referred to a Full Bench, or whenever in any case a Division Bench differs from any other division Bench upon a point of law or usage having the force of law, such case shall be referred for decision by a Full bench.
2. If the case is an appeal from an appellate decree the Bench shall state the point or points which they desire referred or upon which they differ from the decision of the former Division Bench, as the case may be, and shall refer the appeal for the final decision of a Full Bench.
3. If the case is an appeal from an original decree or order the questions of law shall alone be referred, and a Full Bench shall return the case with an expression of its opinion upon the points of law for final adjudication by the Division Bench which referred it, and in case of necessity in consequence of the absence of any or either of the referring Judges, for the ultimate decision of another Division Bench.
4. If the case is one which has come before a Division Bench in the exercise of its Civil Revisional Jurisdiction, the point or points shall be stated as provided in Rule 2, and the matter shall be referred for the final decision of a Full Bench.
5. If the case is one which has come before a Division Bench as a Court of Criminal Appeal, Reference or Revision, the Court referring the case shall state the point or points on which they differ from the decision of a former Division Bench, and shall refer the case to a Full Bench for orders.
6. Every decision of a Full Bench shall be treated as binding on all Division Benches and Judges sitting singly, upon the point of law or usage having the force of law determined by the Full Bench, unless it is subsequently reversed by a Bench, specially constituted, consisting of such number of Judges as in each case shall be fixed by the Chief Justice, or unless a contrary Rule is laid down by the Supreme Court.
Note. - The judgment in all cases heard by a Full Bench is to be circulated for information to all the judges of the Court who did not take part in the decision.Chapter VI
Appointment of Guardians and Substitution of Legal Representatives
1. The provisions of Chapter III shall apply so far as may be to applications for the appointment of guardinas and for the bringing on the record of legal representatives of deceased parties.
2. When a guardian ad litem of a minor respondent is appointed and it appears that the guardian is not in possession of any or sufficient funds for the conduct of the appeal on behalf of the respondent and that the respondent will be prejudiced in his defence thereby, the appellant may from time to time be ordered to advance money to the guardian for the purpose of his defence and all money so advanced shall form part of the costs of the appellant in the appeal. The order shall direct that the guardian shall, as and when directed, file in Court an account of money so received by him.
3. A party to a decree or order desiring to appeal therefrom and to make the legal representative of the party who has died after the date of decree or order, a respondent, may if such legal representative has not been made a party to any subsequent proceeding under such decree or order, enter his name as a respondent in the memorandum of appeal if he presents therewith an application for leave to make such legal representative a respondent to the appeal and also an affidavit stating such facts as may be necessary in support of his application.
4. A party to a decree or order desiring to appeal therefrom and to make the legal representative of a party who died before the decree or order was made, a respondent, may, if such legal representative has not been made a party to any susbsequent proceedings under such decree or order, enter his name as a respondent in the memorandum of appeal if he presents therewith an affidavit showing that he did not know before the decree or order was made that such party has died or that he had no reasonable opportunity of informing the Court before such decree or order was made that such party was dead and stating such other facts as may be necessary in support of his application.
5. Whenever by a decree or order which is appelable to the High Court the interest of -
6. Whenever after a memorandum of appeal has been presented to the Court any appellant or party interested in the maintenance of an objection under Order XLI, Rule 22 or 26, ascertains that any party named in the memorandum of appeal had died before the appeal was presented he may apply for an order that the memorandum of appeal be amended by substituting for the person who is dead his legal representative, if along with his application he files an affidavit showing that the application is made with all reasonable diligence after the fact of the death of such person first came to his knowledge or to the knowledge of his agent, if any, acting on his behalf in the litigation.
7. The Registrar may allow a reasonable time for the presentation of the affidavit required by Rules 3,4, 5 or 6, if it appears to him that applicant could not, by the exercise of due diligence, have procured such affidavit in time for presentation along with his application.
8. Rules 2 to 7 shall, as far as may be, apply to appeals under Clause 10 of the Letters Patent, to applications for review or revision and to applications under Article 228 of the Constitution and the case transferred thereunder.
Chapter VII
Procedure before Admission
1. The Rules of [Chapter III and III A] [Substituted by C.S. No. 109, dated 30.09.1996.] shall apply so far as may be to every memorandum of appeal, to every memorandum of objection under Order XLI, Rule 22 or 26, and to every application for revision or review.
2.
3. Every memorandum of appeal and every application for review or revision, shall, immediately below the title, have endorsed on it "First Appeal", "Second Appeal", "Review" or "Revision", as the case may be, and shall state -
4. When two or more cases are tried together and decided by the same judgment and two or more appeals are filed against such Judgment, whether by the same or different appellants, the Registrar may in his discretion, and if satisfied that the questions for decision are analogous in each appeal, dispense with the production of more than one copy of the judgment.
5. In case of
6. A memorandum of appeal [from original decree] [Inserted by C.S. No. 47, dated 8.10.1982.] or application for revision of an appellate decree or order shall be accompanied by copies of the judgments of both the Lower Courts and if filed by a pleader shall bear a certificate under his hand that in his opinion each of the grounds taken in the appeal or application is a good ground for appeal or for revision.
7. When an appeal from original decree or application is not accompanied by the necessary copies of judgments the Registrar may allow time for production of the same. If copies are not produced within the time allowed, the appeal or application shall be laid before the Court for orders.
8. Every memorandum of an appeal the ground of which is that there is in fact on the record no evidence or admission to support the decree shall state sufficiently the material finding in support of which there is no evidence or admission on the record.
9. Every memorandum of appeal from an appellate decree on the ground mentioned in the last-preceding Rule which is presented by a pleader shall bear a certificate under his hand that he has examined the record and that in his opinion such ground is well-founded.
10. Every application for review of judgment shall set forth plainly and concisely the grounds on which a review is sought, and shall contain a certificate by a pleader of the Court similar, mutatis mutandis, to that prescribed for appeals from Appellate Decrees.
11. Every application for review made upon the ground of the discovery of new and important matter or evidence within the meaning of Order XLVII, Rule 1, shall be accompanied by an affidavit of the applicant or his pleader, stating in clear terms, what such new and important matter or evidence is, the effect or purport thereof, and that the same, after the exercise of due diligence, was not within the knowledge of the applicant or could not be produced by him at the time when the decree was passed, the order was made, or the judgment was delivered.
The documents, if any, relied upon shall be annexed to the application.12. [Deleted by C.S. No. 109 dated 30.9.96.]
[12A. Every memorandum of appeal or application filed in the High Court by or on behalf of a person who claims remission of Court-fee, process-fee and Vakalatnama fee in terms of Notification No. 1207, dated 19th August, 1981, of the Government of Bihar, shall be accompanied by a petition praying for the remission. The petition shall contain a statement of the material facts on the basis of which the remission is claimed and a certificate granted by the Block Development Officer or the Circle Officer of the area concerned certifying that the petitioner belongs to the Scheduled Caste or the Scheduled Tribe or is landless person or a person whose annual income does not exceed Rs. 5000 (Rupees five thousand):Provided that the Court, if otherwise is satisfied about the existence of the facts on which the claim for remission is based, may dispense with the production of the aforesaid certificate of the Block Development Officer or the Circle Officer.] [Inserted by C.S. No. 53, dated 17.04.1984.]13. [Deleted by C.S. No. 109, dated 30.09.96.]
13A. [Deleted by C.S. No. 83, dated 31.05.1986.]
14. [Deleted by C.S. No. 83, dated 31.05.1986.]
15. [Deleted by C.S. No. 109, dated 30.09.96.]
16. If a memorandum of appeal is not barred by limitation, is sufficiently stamped, and complies with the provisions of these Rules, the Registrar shall -
18. Every memorandum or application for which the stamp cannot be ascertained until the receipt of the record, shall, as soon as possible after the receipt of the record, be examined by the Stamp Reporter, who shall then endorse on it his report as to the sufficiency of the stamp and shall send it to the Registrar for orders.
19. Whenever the Stamp Reporter finds that a document which ought to bear a stamp under the Court-fees Act, 1870, has been through mistake or in advertence received, filed or used in the Court without being properly stamped, he shall report the fact to the pleader who presented such document. Such pleader shall at once initial the report and shall within three weeks thereafter, or within such further time as the Taxing Officer may allow, note on it whether he accepts or disputes the accuracy thereof. If such note is not made within such time, it shall not be open to such pleader to dispute the accuracy of the report.
The Chief Justice has been pleased to declare that the Registrar of the High Court shall be the Taxing Officer within the meaning of Section 5 of the Court-fees Act VII of 1870.20. No copy of a decree or judgment presented or filed with a memorandum of appeal or with an application for revision or review which has been admitted shall be returned. Every such copy shall remain with the record of the appeal or case in revision to which it belongs.
21. No affidavit accompanying an application for review shall be returned whether such application has been admitted or not.
22. When on any application for revision or review the record is sent for, it shall, when received, be laid before the Judge or Judges who made the order for a decision as to whether the application is to be admitted or rejected.
23. Every application for stay of execution under Order XLI, Rule 5, shall specifically state that it is made under that Rule, and it shall be accompanied by an affidavit stating specifically the facts upon which the application is based, the date of the decree or order the stay of the execution of which is desired, the date of the order, if any, for execution or sale, the date, if any, fixed for the sale and the facts necessary to enable the Court to be satisfied of the matters mentioned in Order XLI, Rule 5, sub-clause (3).
24. Every application for security under Order XLI, Rule 6 or 10 shall state specifically under which Rule it is made and shall be accompanied by an affidavit stating specifically the facts upon which the application is based.
25. Every application for the re-admission or restoration of an appeal or application dismissed for default of appearance, shall be accompanied by an affidavit stating the circumstances under which such default was made, and whether or not the party whose appeal or application was dismissed had, previously to such dismissal, engaged a pleader to conduct the appeal or application. In case any pleader was employed, the affidavit shall further state, on the personal knowledge of the deponent and not on information and belief only, the name of such pleader, the date when he was so employed, the amount of the fee agreed to be paid to him, and the date when such fee was fully paid to him.
26. [Deleted by C. S. No. 84 dated 31.5.1986],
[27. In absence of Registrar any memorandum of appeal or application may be presented before the Additional Registrar. If on any Court day both the Registrar and the Additional Registrar are absent, any memorandum of appeal or application which should under these Rules be presented to the Registrar or in his absence to the Additional Registrar, and might be barred by time, may be presented to the Deputy Registrar or in his absence to the Assistant Registrar who shall certify thereon in writing in his hand that such memorandum of appeal or application was on that day presented to him:Provided always that no such presentation to the Deputy Registrar or Assistant Registrar shall be of any effect unless such memorandum or application be presented to the Registrar or the Additional Registrar on the next subsequent day on which he is available for such presentation.] [Substituted by C.S. No. 85, dated 31.05.1986.]28. No application to the same effect or with the same object as a previous application upon which a Judge has passed any order, other than an order of reference to another Judge or Judges, shall, except by way of appeal, be presented to any other Judge or Judges on behalf of any person on whose behalf such previous application was presented.
29. The advocate who files an appeal shall examine the case in the light of Order XXVIIA of the Code of Civil Procedure and certify that in his opinion, a notice to the Attorney-General of India or the Advocate General of the State under the said Order is/is not necessary.
Chapter VIII
Procedure after Admission
1. Subject to any order which may be made by a Bench the date for hearing any suit, appeal or application, or any party or pleader shall be fixed by the Registrar.
2. Such date shall be fixed with reference to the current business of the Court, the place or residence of the defendant, the respondent, or other person to be served with notice, and the time necessary for the service of the notice of the suit, appeal or application, so as to allow the defendant, the respondent or such other person sufficient time to appear and answer the suit, appeal or application.
3. When an appeal is one which is to be heard under Order XLI, Rule 11, of the Code of Civil Procedure, or is an appeal under Clause 10 of the Letters Patent, as early a date as possible shall be fixed for hearing the appellant or his pleader.
4. When an appeal under the Letters Patent has been admitted, the Registrar shall prepare a notice of the appeal in the prescribed form, for service on the respondent, and shall cause the notice to be served on the pleader or any one of the pleaders who appeared for the respondent in the appeal in which the Judgment was given. In any case in which the respondent did not enter appearance in the appeal in which the judgment was given, the notice shall be served in the mode provided by law for the service of notice in an ordinary appeal.
5. In all cases in which any process is sent to a subordinate court it shall be in Hindi, written in the Devnagri character except in cases in which any process is sent into the Sadr, Pakur, Rajmahal and Jamtara subdivisions of the district of the Santhal Parganas when it may be in the Bengali character:
Provided that the Registrar may, in any case, direct that the process shall be in English.6.
7. If the Court-fee for the issue of the notice, or the notice forms duly filled up, be not filed as provided in the last preceding Rule, the suit, appeal or application shall be placed before the Registrar who may, in his discretion, either grant further time for filing the court-fee or the notice forms, or direct that on the date fixed the suit, appeal or application be placed before a bench for orders.
8. No process fee for the issue of notice of any suit, appeal or application nor notice form shall except under the order of the Registrar, be received after the expiry of the ten days allowed by Rule 6.
9. If the process fee be paid and the notice form duly filled up be filed within ten days or within the extended time allowed by Rule 7, the notice in the form shall at once issue on the defendant, respondent, or other person to be served with notice.
10. When an appeal or an application for revision has been admitted a notice shall be at once issued by the Deputy Registrar to the Court from whose decision the appeal is preferred or the application is made, calling upon it to transmit the record of the case and all material papers, if they are not already in the Court, within seven days:
Provided that in every appeal from an interlocutory order made in a suit and coming under Order XLIII, Rule 1, clauses (q), (r) and (s), copies only of the plaint, written statement (if any), order sheet and the papers directly relating to the interlocutory proceedings in appeal shall be called for unless the Court, or the Registrar, otherwise directs.11. When in an appeal or other proceeding the Court orders a notice to show cause to issue, such notice shall ordinarily be issued to all parties to such appeal or other proceeding and to any person whom it is proposed to make a party. If the person to whom the notice is to issue is a minor, a person of unsound mind or other disqualified person it shall also be issued to the guardian or next friend of such person.
11. A. In every case in which the Court orders a notice to issue under the last preceding Rule, the party at whose instance such order is made shall file along with the process fee as many typed copies of the application and affidavit as there are persons to be served.
12. Every application for an order to a subordinate Court to forward any record, document or paper shall state -
13. Every such application shall be accompanied by a deposit of one rupee in Court-fee stamp and by a certificate signed by a pleader that in his opinion such record, document or paper is requisite and material for supporting or opposing the suit, appeal or other proceeding.
14. In every case in which an appeal or an application for revision or review has been admitted the Registrar shall cause paper-books to be prepared in accordance with the provisions of Chapter XI.
15. (a) On the first Saturday of each month, or, if that Saturday be a holiday, on the next working day of the month, the Registrar shall cause to be prepared and printed a complete list of all the cases ready for hearing classified under different headings. This list shall be called the Monthly Cause List. Till such a list is prepared and printed, the Monthly Cause List of the preceding month shall be used for posting cases on the Daily Cause List.
16. (a) From the Monthly Cause List the Registrar shall each day cause to be prepared and posted on the notice board of the Court a list of the cases to be taken up by each Bench on the following day. This list shall be called the Daily Cause List and a copy of it shall be sent to each Judge.
17. If on the date fixed for the hearing of any suit, appeal, application or other matter it appears that the requisite notices have been served, the matter may be disposed of; if not disposed of, it shall come on for disposal in the ordinary course and no other notice of any date fixed for hearing shall be given than its inclusion in a Daily Cause List.
18. A case which is part-heard shall, unless otherwise ordered by a Bench, be placed first in the Daily Cause List for the day on which the Bench which has partly heard such case next sits for the disposal of that class of business.
19. Subject to Rule 18, a case which, by the order of the Bench is specially fixed for a particular day to be placed as (i) the first case (ii) subject to a part-heard case or (iii) in which a returnable date has been fixed, shall be placed, in case of (i) as the first case and in case of (ii) or (iii) subject to a part-heard case, if any, in the list that date before the proper Bench:
Provided that if the case is not ready for hearing on the date, it will be placed before the Registrar to extend the date or to pass necessary orders and shall be listed as provided in the Rule above on the adjourned date if the case be ready for hearing.20. The cases in the Daily Cause List shall, unless the Bench otherwise directs, be called on and disposed of in their order on the List.
21. No case in the Daily Cause List shall be allowed to stand out of its place in the list or shall be adjourned on account of the absence of any pleader, unless such absence is, in the opinion of the Bench, unvoidable:
Provided that the Advocate-General, Government Advocate, Government Pleader, Standing Counsel or Standing Counsel for the Income-Tax Department in Bihar shall, if engaged for the Government in another Bench; be entitled on application made on his behalf, to have any case in the Daily Cause List in which he has been personally retained, but not any case in which he only holds the brief of another pleader, postponed whilst he is so engaged as aforesaid.22. Except as by these Rules provided, no request for an order that a case shall stand out of its place in a Daily Cause List or be adjourned, or that a case shall not be placed in a Daily Cause List, shall be entertained:
Provided that -23. The following cases shall have precedence over others in preparation for hearing, namely, all cases (appeals, applications and motions) which after admission and passing of interim orders hold up proceedings before lower courts; applications under Section 10, C.RC. Transfer application; Amendment of Pleadings including applications for adding or striking out parties under Order I, Rule 10, C.P.C.; applications for separate trial under Order II. Rule 6 C.P.C.; Cases under Order IX, Rules 9 and 13 C.P.C.; application for discovery and inspection under Order XI, C.P.C.; cases under Order XXI, Rule 9 C.P.C.; questions of abatement, compromise and adjustment under Order XXII or Order XXIII C.P.C.; applications against order issuing or refusing to issue Commissions under Order XXVI C.P.C.; applications relating to arrest under Order XXXVIII C.P.C.; injunction matters; cases under Order XLI, Rule 19 C.P.C.; cases relating to amendment of decrees in the High Court or relating to restoration of appeals dismissed for non-prosecution in the High Court; court fee matters; cases under Sections 11 and 13, Money-lenders Act; appeals from orders of a lower appellate court remanding cases for retrial; appeals from orders of subordinate courts made on remand by the High Court; and cases in which an expedition order has been passed by the Bench. In all such cases the word "Expedition" shall be marked bodly in red ink in the front page of the order sheet. They shall be separately classified and shown in the Monthly Cause List of weekly supplements under the heading "Expedition Cases" and shall be taken first in their order to the Daily Cause List in preference to the other cases on the Monthly Cause List or weekly supplements.
The expedition cases of the Weekly Supplements shall also be deemed to have been entered year wise in the Monthly Cause List at the bottom of the expedition cases of that year under appropriate headings. In the Daily Cause List, they shall be listed at the top before the Benches concerned and the letters "Ex" shall be printed by the side of these cases.24. When an order has been made under Order XLI, Rule 23 or 25, the Deputy Registrar shall make a note of the same in a register to be kept for the purpose and he shall bring to the notice of the Registrar any case in which the subordinate Court has not made a return to the order of the Registrar and case in which the subordinate Court has not made a return to the order of remand within four months or within such time as may have been specially ordered.
24A. On receipt of the finding of a Lower Court in a case referred under Order XLI, Rule 25, Civil Procedure Code, the Deputy Registrar shall notify to the Advocates of the parties that the objections to such finding must be filed within two weeks from the date of the service of the notice.
25. The form of the oath or affirmation to be administered in the Court in civil cases shall be the same as that provided for criminal cases in Chapter XII, Part A.
[26. Where the advocate on either side is of the view that his arguments are likely to take more than 5 hours, he must file a written brief of his arguments at least 15 days before the date when the hearing of the case is specially fixed and if the hearing is not specially fixed, then within 15 days from the date when the case is first notified in the monthly list. When the written brief is filed by an advocate of one of the parties, the other party or parties shall file their written briefs or arguments within 10 days after the filing of the written brief by the first party. If written briefs are not filed, the arguments on each side will be limited to not more than 5 hours at the out side and closure will be applied as soon as 5 hours are over on each side. Where written briefs are filed, then also oral arguments will be limited to 5 hours on each side and not more, unless the Bench thinks that some more time should be granted for further arguments and in that event also, ordinarily, the oral arguments will not extend to more than 10 hours on either side and in case involving interpretation of the Constitution the oral arguments may be allowed to be extended upto 15 hours on either side.The written brief of arguments shall first set out the list of dates and events leading upto the filing of the Appeal or the writ petition, as the case may be, followed by a brief and concise statement of the relevant facts and such statement of facts shall be followed by the arguments and the submissions which are proposed to be advanced in support of or against the Appeal or the writ petition, together with the decisions in support of such arguments or submissions. The written brief shall not as far as possible exceed 30 to 35 pages.] [Inserted by C.S. No. 89, dated 15th July, 1987.]Chapter VIIIA
Notice of proceedings to Advocate-General
1. The Court may direct notice of any proceedings to be given to the Advocate-General of the State who may appear and take such part in the proceedings as he may be advised.
2. The Advocate-General of the State may apply to be heard in any proceedings before the Court, and the Court may, if in its opinion the justice of the case so requires, permit the Advocate-General so applying to appear and be heard, subject to such terms as to costs or otherwise as the Court may think fit.
Chapter IX
Preparation of Paper-Books
(A)General1. Paper-book shall be [ordinarily typed and when printed they shall be] [Substituted by C.S. No. 21, dated 13.02.1979.] in accordance with the following directions: -
2. [(1) In all paper books, unless there is an order to the contrary of the Court or the Registrar, whether prepared by the office of the Court or by the parties, papers in Hindi in Devanagari or Kaithi Script shall be printed or typed, as the case may be, in Hindi in Devangari script. Papers in Urdu shall be transliterated in Hindi in Devanagari Script and then included in the paper book. Papers in vernacular other than Hindi and Urdu shall be translated in English before being included in the paper book:] [Substituted by C.S. No. 21, dated 13.02.1979.]
Provided that if at the time of hearing or even before, it is considered necessary to have all or any of the vernacular papers in the paper-book, translated into English, the required translation and their typing shall be done in the office of the Court and the cost thereof, both of translation and typing, shall, unless otherwise directed by the Court, be borne by the party at whose instance the paper has been included in the paper-book.3. Every paper-book shall have attached to it a fly-leaf in the prescribed form.
4. In every case in which an appeal or an application for revision or review has been admitted the Registrar shall at once on receipt of the record, and of the prescribed cost, if any, due from the appellant, cause a paper-book to be prepared in accordance with the Rules of this Chapter:
Provided that the Registrar may, in any case, instead of causing the paperbooks typed, direct its preparation in print at the cost of the appellant of so many copies as he may consider necessary.Exception 1. - In an appeal which is to be heard under Order XLI, Rule 11, no paper-book shall be prepared unless an until an order for the service of notice on the respondent has been made.Exception 2. - In a miscellaneous case, not provided for in the Rules of this Chapter, it shall not be necessary to prepare a paper-book, but the Registrar may, if he thinks fit, direct that a paper-book be prepared and may also direct what papers it shall contain.5. Every party, who files an appeal in person, shall insert in his petition of appeal, or otherwise give in writing to the Deputy Registrar, an address within Patna, Patna City or Bankipore, at which notices and other processes in the appeal may be served upon him; and any notice or other process left for him at that address or sent thereto by registered letter shall be presumed to have been duly served upon him.
6. Upon receipt of the record, the Deputy Registrar shall serve a notice upon the Appellant, requiring him to prepare and deliver a list of the papers to be inserted in the paper-book at the expense of the Appellant. The list shall be in the following form. The list shall show the documents, so far as possible, in chronological order, but in all cases documents relating to the same series or to the same subject (e.g., the series of correspondence or proceedings in a suit other than the one under appeal) shall be kept together. The correct and full description of each document must be given. When documents such as rent receipts, account books, chalans, etc., are to be [typed or printed] [Substituted by C.S. No. 23, dated 13.02.1979.] and the [the printing or the typing] [Substituted by C.S. No. 23, dated 13.02.1979.] is (as should ordinarily happen) to be in tabular form, a tabular form with the proper headings shall be supplied in the list.
| Number on the record. | Mark (if any) in the Court below. | Description and date of paper. | Whether the whole or portion, and (in case of aportion) what portion to be inserted in the paper-book. | Page of paper-book (to be filled in after). |
| 1 | 2 | 3 | 4 | 5 |
7. There shall be entered in the list all papers on which the decision of the appeal depends:
Provided that -8. The Appellant shall, within 30 days after service of the notice required by Rule 6, deliver to the Deputy Registrar a list, prepared in accordance with Rules 6 and 7, of the papers to be inserted in the paper-book at his expense. Such list shall be termed "The Appellant's List".
9. As soon as the list is delivered to the Deputy Registrar he shall, if the Respondent has appeared, given notice of such delivery to such Respondent.
10. Every Respondent who has entered appearance may inspect the Appellant's List, and at his own expense, obtain a copy of the whole or any portion thereof.
11. Every such Respondent shall, within 30 days after service upon him of the notice required by Rule 9, deliver to the Deputy Registrar a list in duplicate, in the form prescribed in Rule 6, of the papers, other than those inserted in the Appellnat's List to which such Respondent desires that reference shall be made by the Court at the hearing of the appeal, and which shall be inserted in the paper-book at such Respondent's expense. Such list shall be termed "The Respondent's list"... When the Respondent intends to take any objection to the decree which he could have taken by way of appeal, and the taking of which is subject to the proviso contained in Order XLI, Rule 22, of the Code of Civil Procedure, any paper relevant to this object shall be included in such Respondent's List.
12. Every list of papers for insertion in a paper-book filed by an Appellant or Respondent shall be accompanied by a deposit of Rs. 16.
13. The Registrar in his discretion may allow any clerical error or mis-description in the Appellant's or Respondent's List to be corrected, and may allow any evidence or document which has not already been copied or printed to be struck out from the Appellant's or Respondent's List.
14. If the Respondent considers that any paper or portion of a paper, which ought to have been inserted in the Appellant's list under the provisions of Rule 7, has been omitted therefrom, he may, within 14 days after service upon him of the notice required by Rule 9, and after giving notice to the Appellant of his intended application, apply to the Registrar for an order that such paper or portion of a paper be inserted in the list of such Appellant. When the Respondent though he has not appealed against any part of the decree, intends to support such decree on any of the grounds decided against him in the Court below (Order XLI, Rule 22, of the Code of Civil Procedure), he is entitled to have included in the Appellant's List any papers relevant to such grounds.
15. If the Respondent does not enter an appearance, or does not deliver the list in duplicate directed by, and within the time prescribed by Rule 11, and if no order is made under Rule 14, the paper-book shall be prepared in accordance with the Appellant's List.
16. When two or more Appellants or Respondents have the same interest in the appeal, one list only shall be required from all such Appellants or Respondents. Appellant or Respondents having separate interests shall deliver separate lists. In such case the principle of Rule 22 shall apply.
17. If any of the papers to be inserted in the Appellant's List or in the Respondent's List, was [typed or printed] [Substituted by C. S. No. 24 dated, 13.02.1979.] in a former paper-book, the fact of its having been so [typed or printed] [Substituted by C. S. No. 24 dated, 13.02.1979.] may be stated in the list in which such paper is inserted, but such papers shall nevertheless be [typed or printed] [Substituted by C. S. No. 24 dated, 13.02.1979.] unless the Registrar otherwise directs.
18. No paper in the record of the case which ought to have been but was not inserted in the Appellant's or Respondent's List and [typed or printed] [Substituted by C. S. No. 24 dated, 13.02.1979.] in the paper-book shall be referred to at the hearing of the appeal without the special leave of the Court, and unless, both the Court and the opposite party have been previously supplied with copies, which will be prepared on application in the office of the Court at the cost of the party concerned, all papers, which require translation according to Rule 2, being translated by the Court Translators. Where expedition is necessary the rates prescribed in the succeeding Rule shall be increased by 25 percent.
This Rule shall not preclude the Court from referring to any paper to which it considers a reference necessary for the ends of justice.19. The Deputy Registrar shall within 21 days after the delivery by the Appellant and by the Respondent of their Lists respectively, make and deliver to the Appellant and to the Respondent separate estimates of the cost of preparing their portions of the paper-book.
| Estimates shall be prepared at the followingrates: - | ||||
| Cost. | ||||
| Rs. | Ps. | |||
| Counting fee per 10,000 words | ... | ... | 1 | 00 |
| Translation fee for 150 words | ... | ... | 1 | 00 |
| Copying fee | ... | ... | The rate specified in Chapter XIV, Rule 5. | |
| [Printing fee for 20 copies.] [Substituted by C. S. No. 14 dated, 30.06.1977.] | Ordinary matter per page Tabular work more than onetenth of the whole or any paper-book per page. | As per rates in the contract in force. | ||
| Rs. | Paisa. | |||
| Index Charges for each paper | ... | ... | 0 | 10 |
| Registration fee and postage | ... | ... | Accordingto existing postal rates. | |
| Checking fee per page | ... | ... | 0 | 10 |
2. A quarter page shall be taken as the unit of measurement for charges when printing does not cover the whole page, that is to say, the charge will be 1/4 of the rate for a page for printing occupying 1/4 of the page or less, 1/2 of the rate for a page for printing exceeding 1/4 and not exceeding 1/2 of a page, 3/4 of the rate for a page for printing exceeding 1/4 and not exceeding 3/4 of page, the full rate for a page for printing exceeding 3/4 of a page.
3. For rate of printing maps and plans, see Rule 14 in Chapter IV.
20. The Appellants and the Respondents, shall within thirty days after the delivery to them respectively, of the estimates prepared in accordance with the last-preceding Rule, deposit with the Cashier of the Court the amount of their respective estimates.
21. If it subsequently appears that the amount so deposited by either party to the appeal is insufficient to defray the cost of preparing his portion of the paper-book, the Deputy Registrar shall estimate the additional amount required and shall give notice thereof to such party. Such additional amount shall be deposited by such party with the Cashier of the Court within 21 days after service upon him of such notice.
22. When separate appeals have been preferred by different persons against the same decree, complete list shall be delivered by the parties to each such appeal: But the Registrar may, subject to the order of the Court, apportion between the parties concerned the cost of preparation in respect of any matter common to all or any of such parties. [Typed or printed] [Substituted by C. S. No. 25 dated, 13.02.1979.] copies of such common matter may be included in the paper-book of each appeal; or such matter may appear in one paper-book only, the other paper-books containing references to the pages of such paper- book in which such matter appears. This Rule shall apply also when two or more separate appeals are preferred in analogous cases.
23. If the Appellant fails to deliver his list, or if, the Appellant or Respondent fails to make the deposits required by Rules 12,20 and 21, the Registrar shall cause the appeal to be laid before a Bench of two Judges for orders, who may, unless satisfied that there was reasonable ground for the default - in the case of default by the Appellant, direct the appeal to be dismissed for want of prosecution and in the case of default by the Respondent, direct that the paper-book be prepared in accordance with the Appellant's List, excluding the papers of the Respondents' List; or may pass such other order as may seem proper under the circumstances of the case.
24. The paper-book shall include the whole of the papers included in the Appellant's and Respondent's Lists.
[25. There shall ordinarily be typed as ordered initially by the Registrar, 5 or 10 copies of paper-book. The appellant and respondent shall be entitled to have at least one copy each. The Registrar may, when necessary, direct as many copies to be typed, cyclostyled or printed as the lawyers representing the parties may require. In all cases paper-book shall be supplied free of charge.] [Substituted by C. S. No. 26, dated 13.2.1979.]26. An entry of a case in the Monthly Cause List shall be noticed to all concerned that a paper-book is ready and copies may be obtained. The issue of a paper-book to the pleader of a party shall be noticed to the party that the case is ready for hearing.
27. In appeals in which the Respondent has not appointed a pleader up to the date of the preparation of the paper-book, an appendix containing the deposition of the serving officer and the return and the remarks of the subordinate Court as to the service shall be added to the paper-book, in transcript, if they are in English or Hindi and translation if they are in any other language.
28. (a) There shall be [typed or printed] [Substituted by C. S. No. 25, dated 13.2.1979.] at the end of every paper-book, in the following form, a statement in which shall be specified each item of the costs incurred in its preparation by the Appellant and the Respondent respectively: -
| EstimatingTranslating etc. (as in Rule 97). | By the Appellant. | By the Respondents. | |||
| No. of pages. | Rate of Charge. | Amount Rs. Paise | No. of pages. | Rate of Charge. | AmountRs. Paise |
29. The cost incurred in the preparation of the paper-book, not exceeding the amount calculated at the rates prescribed in Rule 19, shall be costs in the appeal, unless, as to the whole or any portion thereof, the Court which hears the appeal shall otherwise direct.
30. The Registrar may, upon application and upon sufficient cause being shown, enlarge the time prescribed by the Rules of this chapter for doing any act to be done under their provisions. An application for enlargement of time must ordinarily be made before the expiry of the prescribed time, and be supported by an affidavit of facts and also by a certificate of the Deputy Registrar showing the dates on which the acts prescribed by these Rules were done. Such certificate shall be granted upon payment of a fee of Rs. 2. The Registrar may also, upon application and upon sufficient grounds, provided by affidavit, exempt any Appellant or Respondent from the operation of the whole or any part of the Rules of this Chapter or may make such special order as he deems fit as to any matter with which these Rules are concerned. In case any affidavit to be used under this Rule is sent from the mufassal and is in the vernacular, other than Hindi, it shall be accompanied by an English translation certified to be correct by a pleader.
31. An appeal against a grant, or refusal of grant, or revocation of Probate or Letters of Administration, or refusal of revocation shall be governed by the Rules of this Chapter subject, however, to the following alterations, namely, "14 days" shall be substituted for "30 days" in Rules 8 and 11, and "7 days" shall be substituted for '21 days" in Rule 19.
32. When the Rules of this Chapter direct or allow any act to be done by, or any notice to be given to, an appellant or respondent, such act may be done by, or such notice given to, the pleader or (where authorized in that behalf by the Rules of the High Court) he Mukhtar of such appellant or Respondent.
33. When a return has been made to an order of reference to the Court a copy of such order of reference and a copy of such return and a copy of any memorandum of objection to such return shall be added to the paper-book in the case.
[33A. Notwithstanding the above provisions instead of the paper book being prepared in the office of the court, appellant or respondent may, after obtaining orders of the Registrar/Court, get the requisite number of paper books, either in whole or in part, prepared in conformity with the Rules.] [Substituted by C. S. No. 116, dated 28.08.97.][Provided that instead of typed copy of the paper book being prepared, as mentioned in Part II chapter IX, now photocopy of the paper book shall be prepared with regard to First appeal.] ['Proviso' inserted by C. S. No. 125, dated 12.08.2004.][Provided further that First Appeal arising out of Land Acquisition Cases may be heard without Paper Book unless the Hon'ble Court hearing the matter directs otherwise.] ['Proviso' added by C.S. No. 131, dated 25.03.2010.]34. The paper-book in all appeals from appellate decrees shall consist of the following papers:
35. No charge is to be levied from the parties for the preparation of this paper-book, the original paper or certified copy filed being used for the composition thereof, if clean and clearly legible, and the front leaf being prepared in the office of the Court:
Provided that -If the papers specified in Rule 34 (f), (g) or (h) are to form part of the paper-book, the necessary copies shall be typed in the office of the Court at the cost of the appellant, or at the cost of the respondent in case of such papers as are included at this instance and in case they are included by the order of the Registrar of his own motion the cost will abide the direction of the Registrar.[36. If a Second Appeal is to be placed before a Division Larger Bench for hearing, the appellant shall file a copy of the paper-book for the use of the Judges within a period of thirty days from the date of the order referring the appeal to a larger Bench.] [Substituted by C.S. No. 78, dated 08.01.1985.]37. The appellant will get one copy of the paper-book prepared under Rule 36 and the respondent will get one copy on deposit of Rs. 12.
38. In case of the appellant failing to pay any charge for preparation of paper-book the Registrar shall cause the appeal to be placed before a Bench; and if the appellant does not satisfy the Bench as to his delay, his appeal may be dismissed for want of prosecution, or the Bench may pass such other order as it may deem, proper.
39. Dirty or not clearly legible papers or copies will not be accepted and will be replaced by clean typed copies by the party filing them.
40. The appellant or respondent shall before the hearing of the appeal supply the Court and the opposite party with copies or translations of any document upon the construction of which he considers the determination of the appeal depends. Such copies must have been made in the office of the Court and will be prepared in type at the cost of the party concerned, all papers which require translation according to Rule 2 being translated by the Court Translators. Where expedition is necessary the rates referred to in Rule 19, Chapter IX and Rule 5, Chapter XIV will be increased by 25 percent.
Such documents shall not in any case be referred to without the special leave of the Court but this Rule shall not preclude the Court from referring to any paper to which it considers a reference necessary for the ends of justice.41. Additional paper-books, if available, may be supplied to parties at their request and shall be charged at the rate of Rs. 12 per copy.
42. In cases governed by one judgment, the Registrar, on application, may make a special order.
43. The Registrar may, upon the application of any party, and upon good and sufficient reason shown, give such special directions as to any of the matters to which the Rules of this part relate as may seem fit; and may by special order exempt any party from the operation of any portion of such Rules.
44. In every appeal from original order valued at Rs. 20,000 or above which has been admitted, the Deputy Registrar shall without any delay, on receipt of the record, serve a notice upon the appellant requiring him to supply for the use of the Court and the respondent, six copies of paper-books typed correctly and legibly in double space and prepared in accordance with the Rules of the Court, within thirty days from the date of service of the notice upon him:
Provided that the Registrar may, if he considers it expedient so to do, in any case even below Rs. 20,000 in value, direct the appellant to prepare paper-book as provided in this Rule.45. One copy of the paper-book filed under Rule 44 shall be served by the Deputy Registrar on each set of the appearing respondents:
Provided that if the paper-books filed under the preceding Rule are not sufficient to meet the demand of the respondents under this Rule, the appellant shall make up the deficit within a time fixed by the Registrar.46. The paper-book in all appeals from original orders shall consist of -
47. It shall be open to any party to the appeal to prepare typed copies, at his cost, of any document other than those mentioned in Rule 46 which he considers necessary for hearing of the appeal and supply them to the Court and the other side at least three days before the date of the hearing.
48. If the appellant fails to supply the requisite number of paper-books within the time fixed under Rule 44 or Rule 45, the Registrar shall cause the appeal to be laid before a Bench of two Judges for orders, who may, in the absence of sufficient cause, direct the appeal to be dismissed, or, pass such other order or orders as may seem proper.
49. The correctness of translation, if any, and of the typing of the paper-book shall be certified by the advocate of the party preparing the paper-book. If the Court considers that an official translation of any document is necessary, such translation shall be made in the High Court office at the cost of the party on whose behalf the document is sought to be used.
50. . There shall be filed along with the paper-books, including additional paper-books, a statement of the amount of costs incurred in their preparation by the parties, in the form given below. The party successful in appeal shall, unless an order otherwise is passed at the hearing of the appeal, be entitled to the costs incurred by him in the preparation of any paper-book, or additional paper-book, or over the official translation of any document when called upon to do so under Rule 49, provided that in no case such costs shall exceed the rates prescribed in Rule 19, Chapter IX of the Patna High Court Rules.
Statement of the amount of costs incurred in the preparation of paper-book| By the appellant | By the respondent | |||
| Number of words | Amount | Number of words | Amount | |
| For translating...For copying...For materials....For tracing map...For indexing... | Rs. Paise | Rs. Paise | ||
| Total | Total |
51. In second appeals from orders (including orders under Section 47 of the Code of Civil Procedure) irrespective of value, and in appeals from remand order under Order 41, Rule 23 of the same Code, the paper-book shall be in type and shall consist of -
52. In the case of applications for review or revision the paper-book shall be in type. The original papers and certified copies filed by the applicant may be used for the composition of the paper-book if clean and clearly legible. Otherwise, and in so far as more than one copy may be necessary for the use of the Court, the papers will be typed in the office free of cost.
53. In an application for review of judgment the paper-book shall contain -
54. In an application for revision the paper-book shall contain -
55. (i) The paper-book in Letters Patent Appeals arising out of the decision of a single judge in an appeal from original decree shall consist of the following papers: -
56. (i) The paper-book in Letters Patent Appeals arising out of an appeal from appellate decree shall include the following papers: -
57. (a) In Letters Patent Appeals arising out of Miscellaneous First Appeals and in those arising out of Miscellaneous Second Appeal, the procedure laid down for the preparation of paper-book in Letters Patent Appeals arising out of regular first and second appeals, respectively, shall be followed:
Provided that in Letters Patent Appeals arising out of Miscellaneous First Appeals where no paper-book has been prapared, the paper-book shall include, besides the papers mentioned in items (a), (b) and (c) of Rule 55 (1) of this Chapter, memorandum of the Miscellaneous Appeal, and any other paper a list of which may be filed by the parties.58. In Letters Patent Appeals arising out of Gram Panchayat cases under Articles 226 and 227 of the Constitution of India, five typed copies of paper-books shall ordinarily be prepared in the office of the Court at the cost of the appellant and one copy of the same shall be supplied to each of the two parties.
The paper-book shall consist of the following papers: -59. (i) In Letters Patent Appeals arising out of the decision of a single Judge in original cases, the paper-book shall consist of the following papers: -
60. The Registrar or the Bench may, in any case, instead of causing the paper-book to be prepared in the office of the Court, permit the appellant to prepare the required number of paper-books out of Court. In such cases, the appellant shall file three copies of the paper-books in office for the use of the Court along with a receipt showing service of the paper-book on the other side:
Provided that there shall be filed along with the paper-book a statement of cost incurred in their preparation, but in no case such cost shall exceed the rates prescribed in Rule 19 of this Chapter.61. Except as provided in the aforesaid Rules under this part the provisions regarding the filing of lists, service of estimates, deposit of costs, etc., under Part (B) of this Chapter shall apply mutatis mutandis to the provisions governing the preparation of paper-books in Letters Patent Appeals.
62. [Clause (F) special provisions deleted by C.S. No. 27, dated 13.2.1979.]
Chapter X
Judgment and Decree
1. No decree for dissolution of marriage made by the Court, not being a confirmation of a decree of a District Court, shall be made absolute until after the expiry of six months from the date of pronouncing the said decree.
2. When an appeal is referred under Section 98 of the Code of Civil Procedure the Judges who have differed shall each record his judgment on the appeal, and the appeal shall thereupon be laid before the Chief Justice, who shall direct by which Judge or Judges it shall be heard. The Chief Justice may by such other Judge or one of such other Judges.
3. Whenever any suit, appeal, reference or other proceeding has been heard by two or more Judges, and the Judges who heard the same have agreed to a written judgment therein, such written judgment, having first been signed by the Judges concerned, may be pronounced by any one of the Judges in the absence of the other or the others of them.
4. Whenever any suit, appeal, reference or other proceeding has been heard by two or more Judges, and each of such Judges had written a judgment for himself or has agreed to a judgment written by another Judge, and such judgments have been signed by the Judge or Judges who have written them, or, in the case of a judgment agreed to by two or more judges, by the Judge or Judges who have agreed, any one of such Judges may pronounce on behalf of any absent Judge or Judges, the Judgment written or agreed to by such absent Judge or Judges.
5. Every judgment delivered and every order passed by the Court shall be recorded by a Personal Assistant to Judge except when the Court delivers a written judgment.
6. Every judgment or order recorded by a Personal Assistant to Judge shall be filed by him with the paper-book of the case to which it relates within three days from the delivery of the judgment or passing of the order, and at the end of his record he shall enter the dates of the passing of the order or delivery of the judgment and of filing with the record. He shall also initial such record and shall be responsible for its safe custody until he files it with the paper-book in the office.
7. When a judgment or order recorded by a Personal Assistant to Judge has been filed, the Bench Clerk shall submit it for signature to the Judge or Judges who delivered or passed it, unless such Judge or Judges otherwise order or have resigned or proceeded on leave, or are absent on account of illness or any other cause.
8. When a written judgment has been delivered or when a judgment or order recorded by a Personal Assistant to Judge has been signed by the Judge or Judges, who delivered or passed it, the Bench Clerk shall seal such judgment or order with the seal of the Court.
9. All decrees and orders shall be drawn up in English.
10. As soon as a decree or order has been drawn up, the Deputy Registrar shall cause a notice to be exhibited on the notice-board stating that such decree or order has been drawn up and that it may be perused by any party or by his pleader within one week from the date of the posting of the notice.
11. When such notice has been posted any party or his pleader may, before the expiry of the time prescribed in the 1st preceding Rule, peruse the decree and either sign it or file an objection to it on the ground that there is a clerical error or omission in the judgment, or that the decree is not in accordance with the judgment.
12. Every such objection shall state clearly what the clerical error or omission is, or in what respect the decree is not in accordance with the judgment and it shall be signed and dated by the party objecting or by his pleader.
13. When any such objection is made the Deputy Registrar shall put up the appeal or case together with the judgment therein, the draft decree or order and the objection, for orders before the Judge or Judges, or one of them, who delivered the judgment; or if such Judge or Judges has or have ceased to be a Judge or Judges of the Court, or be absent on leave or furlough, then before such Judge or Judges as the Chief justice may appoint for that purpose.
14. Should no such objection be filed on or before the date specified in the notice, the Deputy Registrar, having first date the decree as of the day when the judgment was delivered, shall sign it and seal it with the seal of the Court.
15. Under no circumstances shall any judgment, decree or order be altered, varied or departed from, in any particular, except under an order in writing of the Judge of Judges who passed or made such judgment, decree or order, or under an order made on appeal from such decree or order, or under an order made in review.
Chapter XI
Probate and Letters of Administration
1. Every petition or caveat made under this chapter shall set forth the petitioner's or caveator's full name, the name of such petitioner's caveator's father, his caste or religious persuasion, his rank or degree in life, profession, occupation or trade, and his true place of residence.
2. The word "Will" in this chapter includes a "codicil".
3. When an application for grant of Probate or Letters of Administration is made, a copy of the application and of the valuation statement required by Section 19-1(1) of the Court-fees Act, VII of 1870, shall be sent together with the notice under Section 19-H (2) of the said Act to Chief Controlling Revenue Authority.
4. Every application for Probate, or for Letters of Administration with or without the Will annexed, shall be accompanied by -
5. The Registrar may, if he deems it necessary, require proof, in addition to the usual statement required to be made in the petition, of the identity of the deceased or of the party applying for the grant.
6. No person, who renounces Probate of a Will or Letters of Administration of the property of a deceased person in one character, shall, without the leave of a Judge, take out representation to the same deceased in another character.
7. In all applications by a creditor for Letters of Administration, it shall be stated particularly how the debt arose and whether the applicant has any and what security for the debt.
8. Where the application for Probate is not verified by more than one witness to the Will in the manner prescribed by Section 281 of Act XXXIX of 1925, the application shall be accompanied by a further affidavit setting forth the mode in which the alleged Will was attested and that the requirements of Section 63 of Act XXXIX of 1925 were complied with.
9. Where a Will contains a reference to any paper, memorandum, or other documents of such a nature as to raise a question whether it ought not to form a constituent part of the Will, such paper, memorandum or other document shall be produced in order to show whether it is entitled to probate, and where not produced, its non-production must be accounted for. No. paper, memorandum, or other document can form part of a Will unless it was in existence at the time when the Will was executed.
10. On an application for Letters of Administration, unless otherwise ordered a citation shall issue to all persons having a right to take the grant prior or equal to that of the applicant, unless such persons have signified their consent to the application, and, if so directed, a general citation shall be issued to all persons claiming to have any interest in the estate of the deceased.
11. Where Letters of Administration are applied for by a creditor, a special citation shall be issued to the widow, if any, and to the next-of-kin, provided he shall be resident within the jurisdiction of the Court or have any known agent or agents residing within such jurisdiction and to the Administration-General of Bihar, and a general citation shall be issued to all persons claiming to have any interest in the estate of the deceased.
12. Under ordinary circumstances the date fixed for the hearing of the application for Probate or Letters of Administration shall not be earlier than fourteen days from the date of despatch of the valuation statement.
13. Every person to whom a grant of Letters of Administration, other than a grant under Section 241 of the Indian Succession Act, is committed, shall give a bond to and in the name of the Chief Justice with one or more sufficient sureties to be approved by the Registrar. Such bond shall in all cases be prepared in the office of the Registrar in the prescribed from and shall, unless otherwise ordered by the Court, be given for the full value of the property for which the grant is to be made.
14. With every certificate sent to a High Court, under the provisions of Section 274 of the Indian Succession Act, or Section 24 of the Administrator-General's Act, the Registrar shall send a copy of so much of the schedule of the property and credits of the deceased as relates to the estate within the jurisdiction of such Court.
15. Only the grant, and the Will, if any, shall be copied in the register. Where the Will is in any vernacular or foreign language, the official translation only shall be copied.
16. An exemplification or official copy under the signature of the Registrar and the seal of the Court, of a grant so entered in register, or of a Will in respect of which a grant has issued, may be obtained on payment of the prescribed fees.
17. Any person intending to oppose the issue of a grant of Probate or Letters of Administration must either personally or by his pleader file a caveat before the Registrar. Notice of the filing of the caveat shall be given by the Registrar to the petitioner or his pleader in the prescribed form.
18. Where a caveat is entered after an application has been made for a grant of Probate or Letters of Administration with or without the Will annexed, the affidavit or affidavits in support shall be filed within eight days of the caveat being lodged, notwithstanding the long vacation. Such affidavit shall state the right and interest of the caveator, and the grounds of the objections to the application.
19. Where an application for grant of Probate or Letters of Administration with or without the Will annexed is presented after a caveat has been filed, the Registrar shall forthwith issue notice to the caveator, calling upon him to file his affidavit or affidavits in support of his caveat within eight days from the service of such notice.
20. Where the caveator fails to file an affidavit in support of his caveat in compliance with Rule 18 or in compliance with the notice issued under Rule 19 the caveat may be discharged by the Court.
21. Upon the affidavit in support of the caveat being filed (notice whereof shall immediately be given by the caveator to the petitioner), the proceedings shall be numbered as a suit in which the petitioner for Probate or Letters of Administration shall be the plaintiff, and the caveator shall be the defendant, the petition for Probate or Letters of Administration being registered as and deemed a plaint filed against the caveator, and the affidavit filed by the caveator being treated as his written statement in the suit. The procedure in such suit shall, as nearly as may be, be according to the provisions of the Code of Civil Procedure.
22. The party opposing a Will may, with his affidavit give notice to the party setting up the Will that he merely insists upon the Will being proved in solemn form of law, and only intends to cross-examine the witnesses produced in support of the Will, and he shall thereupon be at liberty to do so, and shall not in any event, be liable to pay the costs of the other side, unless the Court is of opinion that there was no reasonable ground for opposing the Will.
23. The Court may, on the application of the petitioner, before making the order mentioned in Rule 21, direct the trial of an issue as to the caveator's interest. Where, upon the trial of such issue, it appears that the caveator has no interest, the Court shall order the caveat to be discharged, and may order the issue of Probate or Letters of Administration, as the case may be.
24. Where the gross value of the estate as shown in the affidavit of valuation does not exceed Rs. 2,000 no Court-fee other than Court-fee under Article 11, Schedule 1 of the Court-Fees Act on an estate the net value of which exceeds Rs. 2,000, shall be charged, provided the petitioner undertakes to pay the Court-fee leviable to the Government or other party entitled thereto, in case the estate shall thereafter be found to be of grater gross value than Rs. 2,000.
25. The Court may, on the application of Advocate-General or of any person claiming to be entitled to the fees payable under an undertaking given in accordance with Rule 24, call upon the executor or administrator liable under the undertaking, to pay such fees, and upon the hearing of the application, discharge the same, or make an order absolute for the payment of such fees, together with such order touching the costs of the application as it shall see fit, and every such order shall be enforceable in the same manner as any other order of Court whereby any party is directed to pay money or costs.
26. In cases not provided for by this Chapter, or by the Rules or procedure laid down in the Indian Succession Act, or the Administrator General's Act, or the Code of Civil Procedure, the practice and procedure of the Probate Division of the High Court of Justice in England shall be followed so far as they are applicable and not inconsistent with this Chapter and the said Acts.
27. (Omitted).
28. Whenever a grant of Probate or Letter of Administration is made and it appears from the application or is otherwise brought to the notice of the Court, or the Registrar, that any revenue-paying estate or share of such estate is included in the estate of the deceased in respect of which the grant is made, the Registrar shall notify the grant to the Collector of the district in which such estate or part of an estate is situated.
29. Nothing in the Rules in this Chapter shall apply to applications or acts to be done by the Administrator-General, in so far as they conflict with the provisions of the Administrator-General's Act.
30. The inventory and account to be furnished by an executor or administrator under Section 317 of Act XXXIX of 1925 shall be in the prescribed forms and shall be verified by affidavit in the manner following: - "I........ executor for (administrator) named in the above inventory do hereby solemnly declare that the said inventory is in every respect, true, perfect and correct to the best of my knowledge, information and belief, and that the same contains a full, true and perfect inventory of all the property in the possession of the deceased......at the date of his death, and of all credits owing to him, and of all debts owing by him."
"I ...........the executor (or administrator) named in the above account is true, perfect inventory of all the property in the possession of the deceased......... at the date of his death, and of all credits owing to him, and of all debts owing by him.""I........the executor (or administrator) named in the above account is true, perfect inventory of all the property in the possession of the deceased .........at the date of his death, and of all credits owing to him, and of all debts owing by him.""I............the executor (or administrator) named in the above account do hereby solemnly declare that the said account is true, perfect and correct to the best of my knowledge, information and belief, and that it gives a full, true and perfect account of all the estate and effect of the deceased ..........which has or have come into my hands, possession, power, control, custody or knowledge and of the disposition of the same."Chapter XII
Procedure in Criminal Cases
(A)General[1. The Rules in [Chapter III and IMA] [Existing Rules 1-57 Substituted by C.S. No. 39, dated 05.11.1981.] Rule 11A of Chapter VIII shall apply as far as possible to applications made under this Chapter.] [Rule 13 Substituted by C.S. No. 120, dated 09.08.1999.]Note. - An accused person cannot make an affidavit in his own case.2. No pleader shall be entitled to make or do any appearance, application or act in any criminal case or proceeding for any person unless he presents an appointment in writing duly signed by such person or his recognised agent or by some other agent duly authorised by Power of Attorney to act in this behalf, or unless he is instructed by an attorney or pleader duly authorised to act on behalf of such person:
Provided that no such appointment in writing shall be necessary in the case of a pleader appointed by the Government or the Court to act, appear or plead on behalf of an accused or convicted person. High Court even if inconvenience is caused by such order. Such order passed by High Court on its administrative side cannot be challenged by petitioner on its judicial side. Professor Arun Kumar Singh Vs. State of Bihar, 1996(2) BLJ 766 : 1996(2) PLJR 585 : 1996(2) PLJR 936.3. Every memorandum of appeal and every application for revision shall immediately below the title have endorsed on it 'Criminal Revision", "Criminal Appeal" or "Criminal Miscellaneous" as the case may be, and shall state -
4. (i) In the case of a revision under Section 397 or 401 or in the case of petition under Section 482 of the Code of Criminal Procedure the application shall state whether an application on the same facts and against the same order or judgment had been previously filed before this Court on behalf of all or any of the petitioners and if so, with what results.
4A. Every petition for appeal, application shall contain full particulars of the case of the Court below including case number, Police Case Number, if any, name of the Session Judge, if any, and the name of the Trying Magistrate or the name of the Committing Magistrate as the case may be. Application for bail shall further state whether on the same facts or otherwise, a previous application for bail had been filed in the Court on behalf of any of the applicants for bail, and if so, the number of the case, the date of disposal and result thereof.
5. Every petition of appeal or application for revision shall be accompanied by certified copy or copies of orders or judgments appealed from along with two plain copies of petition:
Provided that in case of appeal or applications to be heard by a Division Bench the copies of petition shall also be accompanied with plain copies of order or judgment as the case may be:Provided further that every petition for bail, transfer of case, application for restoration of a case dismissed in default and the petition under Sections 482, 378, sub-section (4) Cr. PC., a receipt showing service of the copy of petition on A.G. shall also be accompanied:Provided that when it is apprehended that there is no time to obtain the certificate of the office before the expiry of limitation, presentation may be made to the [Registrar] [Inserted by C.S. No. 74 dated 21.12.1984], In that case the [Registrar] [Inserted by C.S. No. 74 dated 21.12.1984] will simply endorse the date of presentation on the petition, which will then be examined by the office who shall instead or returning it to the party or his pleader as provided in Rule 6 shall deal with in the unsual manner:[Provided further that in the absence of Registrar during the summer vacation, such petitions or applications may be presented before the Deputy Registrar or other officers of the Court on Duty.] [Inserted by C.S. No. 74 dated 21.12.1984]6.
-7. [Deleted by C.S. No. 110, dated 30.9.1996.]8. [No appeal against conviction application or motion shall be heard for admission unless the accused has surrendered to the order of the court below convicting him to a sentence of imprisonment for a term and an intimation to this effect has been filed except in case where the appellant has been released on bail by the trial court] [Substituted by C.S. No. 110, dated 30.09.1996.],
9. No application or admission to bail shall be made without notice in writing given to the Advocate-General not later than noon of the day preceding that on which the application is to be made.
9A. In all Criminal Miscellaneous cases the copy of the petition served on the Advocate-General by the petitioners shall be used by the Advocate-General in course of the final hearing of such cases and no further copy of paper book shall be served.
10. Immediately on receipt of the Sessions Statement or periodical return from the Sessions Judge the Registrar shall cause it to be submitted before the Judges of the Criminal Bench for perusal in chambers.
11. If upon a perusal of the Sessions statement or upon an examination of the periodical returns the Bench orders. -
12. If upon any petition a Judge orders -
13. A copy of every notice issued on admission of appeal, references, revision and motions cases shall be sent to Advocate-General of Bihar.
14. Subject to any order which may be made by a Bench the date of hearing of any appeal, application or motion or any party of Advocate shall be fixed by the Registrar.
15. When an appeal, application or, motion has been admitted, notice in the prescribed form shall at once be issued by an Officer of the Court appointed for the purpose, to the Court of Chief Judicial Magistrate concerned, calling upon him to transmit the records of the case and all material papers along with the service reports of notices to the respondents or opposite party, as the case may be, annexed thereto before the appointed date. In cases instituted on complaint or appeal under Section 377, Cr.RC. notice shall also be issued to the complainant. The records of Sessions Trial or cases disposed by Court of Sessions shall be called for direct from the concerned Court.
16. On the first Saturday of each month or if that Saturday be a holiday, on the next working day of the month, the Registrar shall cause to be prepared and printed a complete list of the cases pending before the Court classified under different headings excepting those in which notices have not been issued. The list shall be called the Monthly Cause list and shall consist of two parts, viz. Part 1 showing cases ready for hearing and Part II showing cases which are not ready for hearing but in respect of which notices have been issued. Till such list is prepared and printed the Monthly Cause List of the preceding month shall be used for posting cases on the Daily Cause List.
A similar list in Parts I and II, shall be prepared and printed on each Saturday other than that on which the Monthly Cause List is prepared, or, if that Saturday be a holiday on the last working day of the week, of all cases made ready during the week and those in respect of which notices have been issued (but are not ready for hearing) during the week. This list shall be called the Weekly Supplement to the Monthly Cause List.The cases of the Weekly Supplement shall be deemed to have been entered in the Monthly Cause List year wise at the bottom of the cases of the year under appropriate headings of Part I and Part II as the case may be.17. (a) From Part I of the Monthly cause List the Registrar shall each day cause to be prepared and posted on the notice-board of the Court a list of cases to be taken up by each Bench on the following day. This list shall be called the Daily Cause List and a copy of it shall be submitted to each Judge.
18. The Rules for the preparation of paper books in Chapter IX-I(A) shall apply as far as may be to preparation of paper books in criminal cases.
19. The following forms of oaths and affirmations are prescribed by the High Court of Judicature at Patna under Section 7, Act of 1873: -
For WitnessOathThe evidence which I shall give to this Court shall be the truth, the whole truth and nothing but the truth. So help me God.AffirmationI solemnly declare that the evidence which I shall give to the Court shall be the truth, the whole truth and nothing but the truth.For InterpretersOathI swear that I will well and truly interpret, translate and explain all questions and answers and all such matters as the Court may require me to interpret, translate or explain. So help me God.AffirmationI solemnly declare that I will well and truly interpret, translate and explain all questions and answers and all such matters as the Court may require me to interpret, translate or explain.20.
21. As soon as the record is received the Registrar shall cause a paper book to be prepared.
22. The paper book shall contain the following papers: -
23. Twenty copies of paper book shall be printed. One copy shall be given to the Advocate-General, one to the Government Pleader, one to the legal Remembrancer, two to the accused's pleader and remaining copies shall be retained for the use of the Court.
24. At least two working days before the date fixed for the hearing of the case the Registrar shall cause to be made over to the Court Officer a Statement showing number and names of the witnesses who have been summoned.
25. The trial clerk shall, a day before the date fixed for hearing, cause the record to be made over to the Bench Clerk.
26. Mode of recording evidence in Criminal Cases. - (1) In all cases coming before the High Court whether or not the Court prepared a personal memorandum of the substance of the deposition the evidence of each witness examined, all statements of the accused, questions put to the accused and the answers thereto shall be taken down in the presence and under the superintendence of the Judge or one of the Judges.
The evidence shall be taken down ordinarily in narrative form when in long hand, and when in short-hand in the form of question and answers, by such officer of the Court as may be appointed for the purpose.27. When a proceeding is submitted to the High Court under Section 366 of the Code of Criminal Procedure, the Registrar shall cause the records to be examined and entered in the prescribed registers.
28. If the record is in order the Registrar shall fix a date of hearing of the reference which shall not be before the expiry of the period of limitation for filing appeal and shall at once cause a paper-book to be prepared.
29. The paper-book shall contain the following papers: -
31. When a case has been disposed of the record shall be returned by the Bench Clerk to the Trial Assistant along with a formal order in the prescribed form duly signed by the Judges who shall without waiting for the judgment, send a copy of the same to the Court concerned.
32. In any case referred to the High Court for confirmation of sentence of death the Registrar shall, immediately on arrival of the records, if necessary, appoint a pleader to take up the case for the accused.
33. In cases when the sentence of death has been confirmed by the High Court the Trial Assistant shall examine whether there has been delay of more than nine months from the date of apprehension of the accused, in the conclusion of the trial before the Court of Sessions and if so obtain the explanation from the Court concerned and place them before the Judge-in-charge of Administrative Department for Court's comment thereon and forward the explanation together with Court's comment and [one typed copy] [Substituted by C.S. No. 59, dated 07.06.1984.] of paper-book to the Law Secretary, Government of Bihar.
34. Any order passed by the Court under Sections 368,415 or 416 of the Code of Criminal Procedure shall be forwarded forthwith to the Court concerned and a copy thereof shall also be sent to the Superintendent of Jail where the accused is lodged.
35. Criminal appeals other than Jail appeals shall be presented in open Court.
Note. - The name of the father and the residence of each appellant shall be stated in the petition of appeal.36. Jail Appeals may be received by post. In the case of such appeals after the Trial Assistant has reported it whether it is within time and admissible the Registrar shall submit it with a copy of judgment or order appealed against to a Bench for orders:
Provided that an appeal in which substantive sentence up to and inclusive of ten years has been passed shall be laid before a Single Judge for admission. Provided further that all jail appeals shall be laid for admission in Chamber.37. If the appeal is admitted it shall be dealt with in the manner prescribed for appeals which are filed in the open Court.
38. [As soon as the notices have been issued, the Registrar shall cause paper-book to be prepared.] [Substituted by C. S. No. 117, dated 28.8.1997.]
39. [ The paper book shall contain -
42. When an appeal has been disposed of the record shall be returned by the Bench Clerk to the trial Assistant and if the conviction has been set aside or a reduction or change made in the sentence, he shall also prepare and send alongwith the records a formal order in prescribed form without waiting for the judgment, a copy of which shall be immediately sent to the Court concerned.
43. After an appeal, application or motion has been admitted, the appellant or the petitioner as the case may be shall file along with a duplicate copies of Goswara in prescribed form and as many copies of printed form of notices duly filled in and typed copies of memorandum of appeal or application as there are respondents or opposite parties. In appeal against acquittal under Section 377, Cr. P.C. necessary requisite for service of notice on complainant also shall be filed by the State Government:
Provided that no such requisite shall be required to be filed where State is either sole respondent or sole opposite party in any appeal, application or motion.44. Upon receipt of the records the Registrar shall cause paper-book to be prepared.
[45. Six typed copies of paper-book shall be prepared in accordance with Rule 41.] [Substituted by C.S. No. 60 dated 07.06.1984.]46. When an appeal has been disposed of and the sentence has been set aside or reduced the Bench Clerk shall, without waiting for the judgment, send the records of the case to the Trial Assistant along with a formal order drawn up in the prescribed form duly signed by the Judge or Judges who disposed of the appeal and a copy thereof shall be forthwith forwarded to the Court against whose sentence, the appeal was preferred and if such Court is that of a Judicial Magistrate, other than the Chief Judicial Magistrate, it shall be sent through the Chief Judicial Magistrate.
47. The State or the Central Government, as the case may be, may present appeal against any original or appellate order of acquittal after the Court grants leave on petition presented to in the manner hereinafter provided.
48. The appeal so presented shall be separately instituted as Government Appeal.
49. Appeal presented by the Government shall be placed before the appropriate Bench for formal admission.
50. In case of an order of acquittal passed in any case instituted on complaint the complainant may present an appeal to the Court if the Court grants special leave to appeal on an application made in the manner hereinafter provided.
51. The appeal so presented shall be separately instituted as "Complainant Appeal" and shall be placed before the appropriate Bench for formal admission.
[52. On receipt of the records from the Lower Court, the Registrar will cause six typed copies of paper-book to be prepared in Division Bench cases only in accordance with Rule 41.] [Substituted by C.S. No. 61, dated 07.06.1984.]53. Notwithstanding anything contained in the Patna High Court Rules, in all cases in the High Court [XXX] [Deleted by C.S. No. 62, dated 07.06.1984.] paper-book shall be typed/cyclostyled, except where otherwise ordered by the Court/Registrar.
53A. [Deleted by C.S. No. 119, dated 28.8.1997.]
54. In the case of an appeal under Section 378, Sub-section (1) or sub-section (2) of the Code of Criminal Procedure, the Registrar shall ascertain whether the accused desires assistance, and if so, he shall assist him in the appointment of an Advocate on his behalf.
55. The provision contained in Part D of this Chapter shall apply as far as possible in case of appeals under Sections 341 and 351, Cr.P.C.
56. The provision contained in Part H of this Chapter shall apply as far as possible in case of appeal under Section 86, 449 and 454, Cr.P.C.
57. Cases in revision may be taken up in the following ways: -
58. When a revision has been admitted and Courts direct issue of notice the Registrar shall fix a date of hearing and cause notice to be issued in the prescribed form.
59. Except as provided by the Rules of this Chapter no paper-book shall be prepared in any Criminal Revision.
60. No paper-book in Criminal Revision shall be printed except under orders of the Registrar.
61. In the case of revision when notice has been given to the accused to show cause why the order passed should not be set aside and sentence of death passed, the Registrar shall take steps to ascertain whether the accused has funds or not to employ his own pleader and if necessary shall at the earliest possible stage obtain orders of the Chief Justice for appointment of a pleader for the accused.
62. As soon as a reference under Section 395, Cr.RC. is received the Registrar shall cause is to be registered and placed before the Bench for admission.
63. When the reference is admitted, Registrar will cause notice to be noticed in the prescribed form.
64. In case of reference under Section 395 which involves a question as to the validity of any Central Act, Ordinance or Regulation or of any provision contained in any Central Act, Ordinance or Regulation, copy of notice shall also be sent to the Officer appointed by the Central Government on this behalf.
65. The paper-book shall contain -
66. After the case has been disposed of a copy of judgment shall be sent to the Court concerned by which the reference was made.
66A. On admission of Cr. Revision cases in which the State or State Officials are parties, the petitioner shall serve a copy of the paper-book on the State and shall file receipts showing service of paper-book within ten days from the date of admission of such Criminal Revision Application.
66B. In Cr. Revision cases which have been referred to Division Bench the petitioner shall file a copy of the brief for the use of the second Hon'ble Judge corresponding page to page with original brief along with a copy of the order of the court referring the case to the Division Bench.
67. All applications for bail, cancellation of bail and transfer of cases and petition under Section 96 and 482, Cr. RC. and all other petitions to the High Court not provided in these Rules shall be registered as "Criminal Miscellaneous".
68. All petitions under Sections 378 (3) and 378 (4), Cr. P.C. shall be filed under Criminal Miscellaneous Jurisdiction but shall be registered separately as "Leave Application" and "Special Leave Application" respectively.
69. No application filed under Criminal Miscellaneous Jurisdiction, except the Leave Application under Section 378 (3) shall be made without notice in writing given to the Advocate-General not later than noon of the day preceding that on which the application is to be made.
70. Bail Orders passed by the High Court shall be sent directly, to the Courts concerned. The amount of bail, number of and nature of sureties, etc., may be ordinarily indicated therein. A copy of the order shall also be forwarded to the Sessions Judges or the Chief Judicial Magistrate as the case may be who shall send the same forthwith to the magistrate concerned or his successor in office or the Magistrate placed in charge of his duties for necessary action. When there happens to be only one Magistrate such as in any Sub-divisional head-quarters and he is transferred, then in that case it may be sent to the Sub-divisional Judicial Magistrate for compliance of the order.
71. Immediately on the receipt, in the office of the Court, of a record in criminal case, the Diarist shall examine the condition of the cover and shall make a note therein and get the record signed and dated by an officer of the Court and shall forthwith deliver such record to the Receiving Assistants who shall at once examine the same and make a note stating that the record is perfect or defective, as the case may be and if defective, the particular or particulars in which it is defective.
72. If on such examination it is ascertained that any paper is missing from the record or is mutilated, or that the record is in any other respect defective, the Receiving Assistant shall forthwith report the fact to the Registrar.
73. At the conclusion of any case brought before the Court in the exercise of its ordinary original Criminal Jurisdiction the entire records of Committing Court, inclusive of such police papers, as have been used at the trial and form part of the record, shall be consigned to the Criminal Record Room of the Court.
74. At the conclusion of the case the Assistant Incharge of Disposal Section shall satisfy himself that the entire record has been made over to him by the Bench Clerk and will be held responsible for its subsequent deposit in the Criminal Room.
75. Payment of travelling and diet allowance to prosecutors and witnesses for the State attending the High Court in trials coming before it in its Original Criminal Jurisdiction, will be made by the Registrar (Clerk of the State), to whom such prosecutors and witnesses shall report themselves on arrival at Patna.
[76. The prosecutors and witnesses for the State shall be divided into two Classes. The Committing Magistrate shall carefully classify such persons according to their status in life, and shall inform the Registrar.The rates of payment of each class shall be as follows: -| Class one | Class two | |
| By Road: | Taxifare at the rate prescribed by the Directorate of Transport ofthe State Govt. and if no such rate has been fixed as the courtthinks reasonable. | Actual Bus fare. |
| By Rail: | 1stclass or 2nd class A.C. Sleeper/Chair Car fare. Conveyance:By taxi | Sleeper Class or 2nd Class fare By three Wheeler/ Auto Rickshaw. |
| Boarding Expenses | ||
| Rs. 35 perdiem. | Rs. 25 perdiem. | |
| On Journey expenses: | Rs.35diem. | Rs. 25 perdiem. |
76A. In Criminal Miscellaneous Cases which have been referred to Division Bench Rule 66B will apply.
77. The Committing Magistrate shall inform the Registrar of the station in life of each prosecutor and witness for the State, and every such person shall be paid his bona fide travelling charges and boarding expenses by the way and during his stay in Patna according to such information.
78. Boarding allowance at Patna shall cease as soon as the means of quitting the station became available.
79. The Committing Magistrate shall report to the Registrar the date of departure of every such prosecutor and witness, and shall instruct, each to report himself as directed in Rule 75.
80. In trial before the High Court, in the exercise of its Original Criminal Jurisdiction the expenses of only those witnesses for the defence whom the presiding Judge may consider material will be paid out of public funds.]
Chapter Xll
A Procedure relating Applications and References under Section 256 of the Indian Income-Tax Act, 1961 (No.XLIIIof1961)
1. References and applications under Section 256 of the Act shall be posted before such Bench of two Judges as the Chief Justice may specify.
2. The statement of the case by the Tribunal under sub-section (1) of Section 256 of the Act shall be accompanied by, as annexures thereto, copies of -
3. The statement of the case shall be in the form of numbered paragraphs setting out all the relevant facts and proceedings in their chronological order, next the contentions of the parties in relation to the question or questions referred, next the findings of fact and law of the Appellate Tribunal thereon and lastly the question or questions of law arising therefrom and referred. It must not contain any discussion of question asked, to be referred, but not referred.
4. The Appellate Tribunal, when submitting a statement of the case to the Court, shall forthwith give notice thereof to the parties at whose instance the reference has been made.
5. (a) Application under sub-section (2) of Section 256 of the Act shall be accompanied by, as annexures thereto, copies of -
6. Cases under this Section shall be registered as Taxation Cases (T.C.).
7. After the Application under sub-section (2) of Section 256 of the Act is admitted and after the receipt of reference under sub-section (1) of Section 256 notice will be served on the parties giving information regarding the preparation of paper-book.
8. The paper-book in the case of reference under sub-section (1) of Section 256 shall contain the papers mentioned in Rule 2.
9. The paper-book in the case of re-application under sub-section (2) of Section 256 shall contain the papers mentioned in Rule 5 (a) and also the following papers: -
10. If either of the parties in the case desires to include, or have included in the paper-book, any document or documents other than those mentioned in Rules 8 and 9 above, he shall make an application to the Court in that behalf within two weeks of service of notice under Rule 7. If the Court decides that such document or documents should be included in the paper-book, the Tribunal shall furnish copy or copies thereof to the Court, on being called upon to do so, and the initial cost of copy of such document or documents shall be in the discretion of the Court.
11. If a document or documents required to be included in the paper-book be such that the same cannot be conveniently included, e.g., the Memorandum and the Articles of Association of a Company or a balance-sheet or a profit and loss account, but a sufficient number thereof are available in print, such document or documents need not be printed and included, provided the necessary number can be and are supplied for the use of the Court and the Party and a note to the above effect shall be included in the Index of the paper-book.
12. The Registrar shall cause the paper-book to be prepared, as far as practicable according to the Rules in Chapter IX for the preparation of paper-books in appeals from the original decrees and not less than five or ten copies thereof as ordered by the Registrar shall be typed or printed.
13. The cost of preparation of paper-book shall be deposited by the party seeking the reference within the time fixed by the Court which will be treated as cost of reference.
In case of default in making payment of the printing cost as aforesaid the case should be laid before a Bench of two Judges for such orders as it deems fit.14. After the paper-books have been printed two copies of the same will be served on each party forthwith and the case will be posted on the Monthly Cause List according to the Rules.
15. After delivery of the Judgment a copy thereof shall be sent under the seal of Court and the signature of the Registrar to the Appellate Tribunal, as required by sub-section (1) of Section 260 of the Act.
[CHAPTER XII-AA] [Substituted by C.S. No. 37, dated 08.04.1981.]Procedure relating to the Applications and References under Section 64 of the Estate Duty Act, 1953 (Act XXXIV of 1953), Section 27 of the Wealth Tax Act, 1957 (Act XXVII of 1957), Section 130 of the Customs Act, 1962, Section 35G of the Central Excise and Salt Act 1944 and Section 82B of the Gold (Control) Act, 1968.The Rules contained in Chapter XII-A shall apply mutatis mutandis to the proceedings under Section 64 of the Estate Duty Act 1953 (Act XXXIV of 1953), Section 27 of the Wealth Tax Act, 1957 (Act XXVII of 1957), Section 130 of the Customs Act, 1962, Section 35G of the Central Excise and Salt Act, 1944 and Section 82B of the Gold (Control) Act, 1968.Chapter XII
AAA Procedure relating to the Applications and References under Section 27 of the Wealth Tax Act, 1957 (Act XXVII of 1957)
[Deleted by C.S. No. 38 dated 8.4.1981]Chapter XII
B Procedure relating to Applications and References under Section 28 of the Bihar Agricultural Income-Tax Act, 1948 (Bihar Act XXXII of 1948)
1. References and applications under Section 28 of the Act shall be posted before such Bench of two Judges as the Chief Justice may specify.
2. References and applications under Section 28 of the Act shall be heard by a Bench of two Judges as the Chief Justice may specify and shall be decided in accordance with the opinion of such Judges. In case there is difference of opinion between the Judges composing the Division Bench such Judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more other Judges of the High Court and such point shall be decided according to the opinion of the majority of Judges who have heard the case including those who first heard it.
3. Applications under Section 28 (3) of the Act shall be accompanied by the copies of the following papers: -
4. Applications under Section 28(4) of the Act shall be accompanied by copies of the following papers: -
5. Cases under this Section shall be registered as Taxation Cases (T.C.).
6. The applications under Sections 28 (3) and 28 (4) shall be posted for admission as soon as service of the notice has been effected on the opposite party.
7. After the application under Section 28 (3) and 28 (4) is admitted and on receipt of a reference under Section 28 (3) and 28(4) is admitted and on receipt of a reference under Section 28 (1) and 28 (2) notice will be issued for submission of list for the preparation of paepr-books and the provision of Chapter IX, Rule 45 shall apply as far as practicable.
8. In case of reference at the instance of the assessee, the cost of preparation of paper-books will be borne by the assessee and in case of reference at the instance of the Department, by the Department.
Chapter XII
C Procedure relating to Applications and References under Section 33 of the [Bihar Sales Tax Act, 1959] [Now, Bihar Finance Act, 2007.](Bihar Act XIX of 1959)
1. References and applications under Section 33 of the Act shall be posted before such Bench of two Judges as the Chief Justice may specify.
2. References and applications under Section 33 of the Act, shall be heard by a Bench of two Judges as the Chief Justice may specify and shall be decided in accordance with the opinion of such Judges. In case there is difference of opinion between the Judges composing the Division Bench such Judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more other Judges of the High Court and such point shall be decided according to the opinion of the majority of Judges who have heard the case including those who first heard it.
3. Applications under Section 33 (2) (b) of the Act shall be accompanied by the copies of the following papers: -
4. Cases under this section shall be registered as Taxation Cases (T.C.)
5. The applications under Section 32 (2) (b) shall be posted for admission as soon as service of the notice has been effected on the opposite party.
6. After the application under Section 33 (2) (b) is admitted and on receipt of reference under Section 33 (3), or on receipt of reference under Section 33 (1) of the Sales Tax Act, notice will be issued for submission of list for the preparation of paper-books and the provisions of Rule 45 in Chapter IX shall apply as far as practicable.
7. In case of reference at the instance of the asessee the cost of preparation of paper-books will be borne by the asesee, and in case of reference at the instance of the Department, by the Department.
Part-III CHAPTER XIIIFees and Costs1. The Rules of this Chapter, framed by the High Court under clause (i) of Section 20 of the Court-fees Act (VII of 1870), regulate the fees chargeable for serving and executing processes by the High Court.
2. The fees in the following table shall be charged for serving and executing the several processes against which they are respectively ranged when issued by the High Court in its Appellate Jurisdiction: -
| Rs. P. | |
| Article 1.- In every case in whichpersonal or substituted service of any process on parties to thecause is required, where not more than four persons are to beserved with the same document, one fee | ... 4.50 |
| When such persons are more than four in number,then the fee above mentioned, and an additional fee ofseventy-five paise for every person in excess of four: | ... 0.75 |
| Provided that in the last-mentioned case wheresuch persons reside in the same or immediately adjacent villages,the additional fee may be such sum, not exceeding the amount ofthe fee prescribed, as the High Court may, in the particularcase, determine: | |
| Provided also that in analogous cases, where theappellant is the same but the respondent are different, butresiding in the same or immediately adjacent villages, the sameRule shall apply. | |
| Article 2.- In every case in whichpersonal or substituted service of any process on the persons whoare not parties is required, when the number of such persons isnot more than four, one fee. | ... 4.50 |
| When there are more than four such persons, thenthe fee above mentioned for the first four, and additional fee ofseventy-five paise for every one in excess of that number | ... 0.75 |
| Article 3.- For the execution of a warrant for arrest of the person | ... 4.50 |
| Article 4.- For service or execution ofany process issued by the Court, not specified in any precedingarticle of this part | ... 4.50 |
3. Notwithstanding anything in the preceding Rule, no fee shall be chargeable for serving or executing -
4. The fees hereinbefore provided shall be payable in advance at the time when the petition for service or execution is presented and shall be paid by means of Court-fee stamps affixed to the petition in addition to the stamps necessary for its own validity.
5. Throughout the district of Purnea and the Madhepura Munsifi of the district of Saharsa and for the period of the year during which travelling except by boat is, in the opinion of the District Judge, impracticable, the fee chargeable for the service of processes shall be increased by 25 per cent, in order to provide for payment of the boat hire or ferry toll rendered necessary by the state of the country. The additional fees may, however, be reduced to 121/2 percent over the fees ordinarily leviable at the discretion of the District Judge in any part of the district where, or at any season of the year when, the levy of the larger amount is found to be unnecessary.
6. In such districts or parts of districts as are not for the time being subject to Rule 5, when, in order to serve any process, the peon has to cross a ferry, the amount, if any, legally payable as toll, shall be paid by the Court executing such process from its permanent advance.
7. In cases in which the process is to be served in the jurisdiction of another Court, the proper fee chargeable under Rules 1 and 2 read with Rule 5 shall be levied in the manner above directed, on the application for the transmission of the process to that Court, and a note shall be made on the process stating that this has been done. A court which received from another Court, whether in the same province or not, a process bearing a certificate that the proper fee has been levied, shall cause it to be served without further charge.
8. Fees for processes to be issued by a Court to which a commission is addressed shall be payable at the rates chargeable for serving and executing processes issued by such Court.
9. Except as hereinafter provided no fee paid in respect of a commission shall be refunded, if the order in respect of which the fee has been paid has been passed.
10. When in consequence of a compromise or for some other reason it becomes unnecessary to serve or execute the summons, notice, warrant, proclamation, injunction or order, for which a fee has been paid half the fee shall be refund if the process has not been issued.
11. The fees and charges paid in pursuance of these Rules shall, unless otherwise provided by these Rules, or, unless a Judge or Judges otherwise order, be deemed and treated as part of the costs of the party who has paid them:
Provided that no fees or charges which have been refunded, or in respect of which a party might, on application, have obtained an order for a refund, shall be deemed to be costs within the meaning of this Rule.12. The fee chargeable for serving or executing any process issued by the Court, in the exercise of its Matrimonial, Testamentary and Intestate and Extraordinary Original Civil Jurisdiction shall be double the fee which could be charged in a District Court, under the Rules for the time being in force, for the service or execution of such process.
13. The following fees shall be charged on every application made in respect of the following matters and such fees shall be paid by means of Court-fee stamps affixed to such application: -
| Rs. P. | |
| (1) For every search in the offices,record-rooms, books, or registers of the Court | ...[2.00] [Substutited by C.S. No. 104, dated 23.05.1996.] |
| (2) On each application for a copy of anydocument or record in the High Court, whether the copy appliedfor is of a single document or more documents than one: | ...0.30 |
| Provided that this does not authorize anapplicant to ask in a single application for copies of more thanone paper, if required in more than one case.There must be aseparate application, and therefore a separate stamp, for eachcase. | |
| (3) For verifying any petition by solemnaffirmation or on Oath, or for swearing or affirming everyaffidavit, intended to be used in the High Court. | ...3.20 |
| Note 1:The Advocate-General, theSuperintendent and Remembrancer of Legal Affairs for the State ofBihar and the Law Reporter to Government are exempted frompayment of the catching fees referred to above. | |
| Note 2:Where the fee for swearing oraffirming an affidavit has been levied no fees shall be leviedfor filing the same, provided that this exemption shall not applyto the fee payable in original suits for filing documents,annexed to affidavits. | |
| Note 3:Fees for taking affidavits oraffirmations. - Fees to be allowed to the Commissioner for Oathsand Affidavits deputed by the Registrar or the Court for takingaffidavit or affirmation at the house of a party or any otherplace other than the Court House, shall be as follows: - | |
| For the first affidavit, oath or affirmationwithin a distance of 5 miles from the Court House. | ... 16.00 |
| For the first affidavit, oath or affirmationbeyond a distance of 5 miles from the Court House. | ... 24.00 |
| For every affidavit, oath or affirmation takenat the same time and place after the first, in the same suit,appeal or matter. | ... 8.00 |
| In no case shall the Commissioner for Oath andAffidavits, be allowed, for taking any number of affidavits,oaths and affirmations at the same time and place, more thanRupees fifty, where place is within a distance of 5 miles from theCourt House; or more than Rupees sixty, where such place isbeyond the said limit. | |
| (4) For inspection of lower court recordsreceived in connection with appeals and cases and disposed ofHigh Court records - | |
| (i) If the application is by a party to the suit | ...1.00 |
| (ii) If the application is not by a party to the suit | ...5.00 |
| (iii) If the application is for immediate inspection by a partyto the suit | ...5.00 |
| (4) [ (a): For inspection of pending High Courtrecords.] [Inserted by C.S. No. 104, dated 23.05.1996.] | |
| Rs. P. | |
| (i) If the application is for ordinary inspection | 2.00 |
| (ii) If the application is for urgent inspection | 5.00 |
| Note.- No fee shall be charge forinspection of criminal records. | |
| (5) For information | |
| (i) If the suit is pending | ...0.50 |
| (ii) If the case has been disposed of | ...1.00 |
14. The Following scale of costs shall ordinarily be allowed to the successful party in appeals to the High Court: -
| (1) Appealsfrom Criminal Decrees | |||
| Amount or value of the claim | Cost | ||
| Not exceeding Rs. 1,000 | Drawing grounds ofappealHearing fee | …… | Rs. 105 percent on the valuation |
| Exceeding Rs. 1,000 and not exceeding Rs. 2,000 | Drawing grounds ofAppealHearing fee | …… | Rs. 205 percent on the valuation. |
| Exceeding Rs. 2.000 and not exceeding Rs. 3,000 | Drawing grounds ofAppealHearing fee | …… | 305 percent on the valuation. |
| Exceeding Rs. 3.000 and not exceeding Rs. 5,000 | Drawing grounds ofAppealHearing fee | …… | 405 percent on the valuation. |
| Exceeding Rs. 5,000 and not exceeding Rs. 10,000 | Drawing grounds ofAppealHearing fee | …… | 50300 |
| Exceeding Rs. 10.000and not exceeding Rs. 20,000 | Drawing grounds ofAppealHearing fee | …… | 50500 |
| Exceeding Rs. 20.000 and not exceeding Rs.50,000 | Drawing grounds ofAppealHearing fee | …… | 100750 |
| Exceeding Rs.50,000... | Drawing grounds ofAppealHearing fee | …… | 1001,000 Plus 1/2 percent on the excess overRs.50000 subject to a maximum of Rs. 5000 |
| (2) Second Appeals | |||
| Not exceeding Rs. 200... | Drawing grounds ofAppealHearing fee | …… | 416 |
| Exceeding Rs. 200 and not exceeding Rs. 1,000. | Drawing grounds ofAppealHearing fee | …… | 832 |
| Exceeding Rs. 1,000and not exceeding Rs. 5,000 | Drawing grounds ofAppealHearing fee | …… | 1248 |
| [Exceeding Rs. 5,000 and below Rs. 10,000] [Added by C.S. No.6 dated 10.4.1975.] | Drawing grounds ofAppealHearing fee | …… | 1664 |
| (3) Appeals from Orders | |||
| Not exceeding Rs. 5,000 | ... | … | same as second appeals. |
| Exceeding Rs.5,000... | Drawing grounds ofAppealHearing fee | …… | 1664 |
| Rs. | |
| In an undefended suit | ...200 |
| In a defended suit up to the end of the firstday of the hearing | ...200 |
| For each succeeding day or part of a day, suchpart being not less than one hour | ...100 |
14A. In all decrees and orders a sum calculated at the rate of 5 per centum of the adovate's fee taxed, and subject to a minimum of Re. 1 shall be taxed as costs on account of the fee of the Advocate's clerk or clerks.
15. When there are several parties to an appeal, review or application, only one set of costs shall generally be awarded unless the Court, upon the application of the parties, shall otherwise order.
16. Unless a cross-appeal is filed the hearing fee alone will be allowed to the respondent.
17. In cases, where on appeal to the High Court from an Appellate Decree, an order of remand is passed, the Court-fees paid on the memorandum of appeal shall ordinarily be treated as costs in the appeal. But where an order or remand is made under Order XLI, Rule 23, of the Code of Civil Procedure, on the ground that the Court of First Instance disposed of the suit upon a preliminary point so as to exclude any evidence of fact which appears to the High Court essential to the determination of the rights of the parties and that such defect was not amended on First Appeal, or on the ground that the Lower Appellate Court has disposed of the suit or appeal on a preliminary point without investigating the suit on its merits, and such decision is reversed, the Registrar shall grant an order of refund of the Court-fees so paid under Section 13 of the Court-fees Act to the appellant on his application, provided that such application is made within 3 months of the date of the order of remand. If such application is made after this period, the applicant shall be instructed to apply to the Court for orders.
18. In cases not provided for by these Rules and in cases in which the subject-matter of the claim does not admit of a valuation, the Court shall fix a reasonable fee, regard being had to the time occupied in the preparation and hearing of the case and the nature of the questions raised.
19. Notwithstanding the provisions of these Rules, if having regard to the circumstances of the case, the Court considers the fees allowable inadequate, or excessive, it may upon delivery of judgment fix a higher or a lower fee than that hereinbefore prescribed, or order that no fee be entered in the table of costs of a party.
20. The words "amount of value of the claim" in these Rules mean the value stated in the memorandum of appeal or application.
Note. - Fractions of a rupees shall be omitted from the value of the claim in calculating the scale of fees.21. No sum in respect of fees shall be allowed or entered in the table of costs of a party in whose plaint, memorandum of appeal, petition or application, the amount or value of the claim has been falsely or fraudulently stated.
22. In any such case the Court may allow such sum as may in its opinion be reasonable to be entered in the table of costs of the opponent of the party in whose plaint, memorandum of appeal, petition or application, the amount or value of the claim has been fraudulently or falsely stated.
23. In no case in which the relief is capable of valuation and the value of the claim has not, before the case comes on for hearing, been stated in the plaint, memorandum of appeal, petition or application, shall, any sum in respect of fees to the pleader of the party, by or on whose behalf such plaint, memorandum of appeal, petition or application, was presented, be entered in such party's table of costs, but in such case the Judge or Judges, before whom such case is or was, may at any time before the taxation of the costs, fix and allow such sum as may, in his or their opinion, be reasonable as the sum to be entered in the table of costs of such party's opponent, in respect of the fees for his pleader.
24. In an urgent application on behalf of a party made during a vacation by a pleader not then already retained in the case the fee shall be Rs. 34.
25. If several defendants or respondents who have separate interests set up separate and distinct defences and succeeds thereon, a fee for one pleader for each of the defendants or respondents who appear by a separate pleader may be allowed in respect of his separate interest. Such fee, if allowed, shall be calculated with reference to the value of the separate interest of such defendants or respondents.
26. For each fee allowed under the last preceding Rule, the value of the stamp on one Vakalatnama only shall be awarded as costs.
Note. - Rules 14 to 26 of this Chapter have been made applicable to advocates by Rule 1 of the Rules made under Section 16 of the Indian Bar Council Act, 1926 (XXXVIII of 1926), published under Notification No. 65, dated the 9th December, 1930, in Part III, page 379 of the Bihar and Orissa Gazette dated the 17th December, 1930.Part-IV MiscellaneousChapter XIV
Information and Copies
1. The provisions of Chapter III shall apply as far as possible to application made under this Chapter.
2. One searching fee shall be charged for any number of copies taken from the same record and included in the same application, and no searching fee shall be charged in respect of copies of papers from records of pending cases [or of judgments provided in accordance with Rule 2-A of this Chapter] [Added by C.S. No. 41, dated 07.10.1982.],
[AII applications for the certified copies shall be entertained by the copying Section of the High Court and by none else.] [Added by C.S. No. 42, dated 7.10.1982 and substituted by C.S. No. 121 dated 09.08.1999.][2-B. Certified copies may also be prepared by means of photostat copiers owned by private entrepreneurs working under the supervision of the High Court.The charge per page payable to such private entrepreneurs for preparation of photostat copies of documents, in addition to the usual stamp required for certified copies will be at the rate of 50 paise per page and will be realised in cash alongwith the usual stamps and will be paid to the private entrepreneurs.The aforesaid rate will be varied, as and when so required, by the Standing Committee.] [Added by C.S. No. 80, dated 31.05.1986.]3. No fees will be required or paid for searching for or copying, papers required by public officers for public purposes.
4. Pleaders, before making an examination of any record, shall pay the fee prescribed by Chapter XIII, Rule 13 (4), but no searching fee should be charged to pleaders for examining the records of pending cases.
5. Copies shall be prepared at the following rates: -
| (a) | English- | |||||
| Paise | ||||||
| Not exceeding 150 words | ... | ... | ... | ... | 35 | |
| Exceeding 150 words and not exceeding 300 words | ... | 70 | ||||
| For every additional 150 words or less | ... | ... | 35 | |||
| (b) | Vernacular- | |||||
| Not exceeding 250 words | ... | ... | ... | ... | 35 | |
| Exceeding 250 and not exceeding 500 words | ... | ... | 70 | |||
| For every additional 250 words or less | ... | ... | 35 |
6. This charge shall be levied as follows: -
| (a) | Vernacular- | ||
| Not exceeding 250 words | ... | By means of an impressed stamped paper of 35paise. | |
| Exceeding 250 but not exceeding 500 words | ... | By means of two impressed stamped paper of 35paise. | |
| For every additional 250 words or less. | ... | By means of an impressed stamped paper of 35paise. | |
| (b) | Typed copies- | ||
| Not exceeding 150 words | ... | By means of an impressed stamped paper of 35paise | |
| Exceeding 150 and not exceeding 300 words. | ... | By means of an impressed stamped paper of 35paise with an adhesive stamp of 35 paise with an adhesive stampof 35 pise affixed thereto. | |
| Exceeding 300 and not exceeding 450 words. | ... | By means of an impressed stamped paper of 35paise with an adhesive stamp of 70 paise, affixed thereto. | |
| Exceeding 450 words. | ... | By means of an additional impressed stampedpaper or papers of 35 paise with stamp of 35 paise or 70 paise,as the case may be, affixed thereto if necessary according to thenumber of words to be typed. |
7. A folio shall consist of 150 words English or 250 words vernacular, 4 figures counting as one word.
8. In case of copies filed, exhibited or recorded in any court, the court-fee chargeable under the Court-fees Act should be levied by affixing the necessary stamp to the first folio of the copy.
9. [Omitted.]
10. When an applicant requires copies to be furnished on the day of the application, and extra fee of one rupee (or if the copies exceed four folios, of twenty-five paise for each filio) shall be charged on all copies so furnished, to be levied from him by court-fee stamp which should be affixed to the application for the copy and, entered in the register for court-fee stamps.
11. Seventeen and a half paise of the charge levied of thirty-five paise per folio shall be credited to Government on account of the salary of examiners, cost of paper, etc. and the remaining seventeen and a half paise will represent the earnings of the typists or copyists whose accounts shall be made up monthly and the amount due paid to them. Fractions of paise, if any, in the total of monthly earnings shall be ignored.
Note. - The copyist or typist is paid by the folio; he will, therefore, be paid according to the number of folios copied, whether such copies are subsequently taken out or not.12. In the case of maps and plans a charge shall be fixed by the Registrar with reference to the difficulty or intricacy of the work to be done. Half of the amount will be paid to copyists and half will be credited to Government on account of examination fees and cost of materials.
13. A plaintiff or a defendant who has appeared to the suit is entitled at any stage of the suit to obtain copies of the record of the suit including exhibits which have been put in and finally accepted by the Court as evidence.
14. A stranger to the suit may, after decree, obtain, as of course, copies of the plaint, written statements, affidavits and petitions filed in the suit; and may for sufficient reason, shown to the satisfaction of the Registrar, obtain a copy of any such documents before decree.
15. A stranger to the suit may also obtain, as of course, a copy of any judgment, decree or order at any time after it has been passed or made.
16. A stranger to the suit has no right to obtain copies of private documents except with the consent of the person by whom they were produced, or his successor in interest. He may obtain copies of other documents in which he has an interest including depositions for bona fide use in the Courts and case maps, at any time after they have been proved or completed.
16A. Every application for copy shall state whether or not the person applying is a party to the case from the record of which copy is wanted. If such person is not a party or his Advocate's Clerk the application shall state the object for which a copy is required.
17. Copies of judgments convicting Government officers of criminal offences as well as copies of judgments of acquittal and orders of discharge will be supplied free of charge on the application of the head of the department concerned.
18. All applications for information or for copies other than those on which expedition fees are paid shall be made to the Deputy Registrar between the hours of 10.30 A.M. and 11.30 A.M.
19. Applications for information or copies shall be made in the prescribed Form which will be supplied at the price of two paise per sheet or 50 sheets per rupee.
20. When information applied for cannot be given at once, the Section Officer of the Copying Department shall inform the applicant when he may expect to obtain and shall note on the back of the counter-foil of the application "Told to attend for information on the ...".The counter-foil shall then be returned to the applicant and it shall be his duty to attend at the time named.
21. The applicant shall present his application with the duplicate spaces reserved for the date, his Name and residence and the particulars of the information required, filled up. The officer receiving such application shall enter in duplicate in the first column the consecutive number, and in the fifth column his signature. If he can furnish the information at once, he shall note the same on the upper portion of the form in the column for remarks, and make that part over to the applicant taking the latter's receipt in the column for remarks in the lower portion, which will be retained and recorded in the office. If he cannot furnish the information at once he will enter in duplicate, in the fourth column of the form, the date by which the information can be furnished. The upper and lower portions of the form, with columns, 1,2,3,4 and 5 thus filled up, will then be separated.The lower part will be made over to the applicant with a direction to return with it at the time fixed. The upper portion will be passed on to the clerk, to whose department it pertains, who will enter in the column for remarks the necessary information, and return it to the receiving officer before the time prescribed. On the applicant's re-appearance, this upper portion, bearing the information, will be made over to him, and the lower portion, bearing his dated receipt in the column for remarks, will be taken from him and recorded in the office.
22. Every application for a copy shall be numbered consecutively and shall be entered in the prescribed register. All such applications shall then be sent to the Section Officer of the Copying Department, who shall, at once, if possible or during the same day and not later than the following day, ascertain the number of folios required for preparation of the copy and shall inform the applicant thereof.
23. [Omitted.]
24. The number of folios required, shall then be entered on the form and the applicant on his appearing shall be required to put his signature thereto as an acknowledgement of his having received the information.
25. The applicant shall further be informed that his application will not be considered complete and that the preparation of the copy will not be commenced until he has supplied in full, the number of folios stated to be required.
26. The date on which the folios are filed, shall be entered by the Section Officer of the Copying Department in the place provided in the form for the purpose. The applicant shall, at the same time, present the counter-foil of his application, which has been returned to him, and a memorandum shall be made thereon stating the date and hour when the copy will be ready. A corresponding not shall be made by the Section Officer on the body or main portion of the form, which together with the original document of which a copy is applied for shall then be made over by the Section Officer to one of the copyists for the preparation of the copy. The applicant shall retain the counter-foil and it shall be his duty to attend on the date fixed for the purpose of receiving the copy.
26A. On the day on which the folios are filed, a requisition for the document, of which a copy is required shall be forwarded by the Section Officer of the Copying Department to the proper officer and such document shall be made over by such officer to the Copying Department not later than the day following.
27. When the copy is delivered to the applicant his signature and the date should be taken on the reverse of the application.
28. Under ordinary circumstances a copy shall be furnished not later than 1 P.M. on the fifth day after the necessary court-fee stamps and folios have been put in.
29. Unused folios, if any, shall not be retained in the office, but shall be attached to the copy, for the preparation of which they were filed and returned to the applicant together with the copy, a receipt for both being taken. Should the applicant, in any case, fail to appear to claim either the copy or the unused folios, before the last day of the month succeeding that on which the copy was ready for delivery, they shall be destroyed.
30. In any case in which a copy is refused or cannot be granted the folios supplied by the applicant shall be returned to him when he is so informed.
31. Each copy shall bear the seal of the Court and shall be certified to be true copy and be signed by the Deputy Registrar and, in his absence, by the Assistant Registrar and, in the absence of both, by the Commissioner for Oaths and Affidavits.
In every case the Certifying Officer shall append to his signature the words "authorised under Section 76 of Act I of 1872".32. When a copy of a decree, judgment or order is granted the following particulars shall be recorded on the last sheet of the copy itself, and in the form given below,for the information of the Appellate Court (Section 12, Act IX of 1908, the Indian Limitation Act).
Date of application for the copyDate of notifying the requisite number of folios and stamps...........Date of delivery of the requisite folios and stamps..........Date on which the copy was ready for delivery....Date of making over the copy to the applicant....32A. On the back of the last sheet of the copy shall be recorded the cost paid by the parties applying for copies in the form given below: -
| Rs. | Paise | |||||
| Application for copy | ... | ... | ... | |||
| Searching fee | ... | ... | ... | |||
| Extra fee for urgency | ... | ... | ... | |||
| Folios | ... | ... | ... | |||
| Other items, if any | ... | ... | ... | |||
| Total | ... | ... | ... |
33. In addition to the Rules of this Chapter, the remaining Rules of Part IV, Chapters I and II of the Civil Court Rules, Volume I, shall apply as far as may be to applications for copies and information in the High Court.
Chapter XV
Deposit and Repayment of Money
1. When money is required to be paid or deposited in the office of the Court it shall be accompanied by triplicate Challans which shall be delivered to the Accountant of the Court. If the Challans are in order the Accountant shall sign and return the three Challans to the person making the payment or deposit for presentation with the money to the Cashier of the Court. The Cashier shall there upon receive the money, enter the receipt in the registers of receipts, sign each challan and send the Challans to the Accountant. The Accountant shall then enter the amount in his register of receipts, issue one copy of the Challan to the person making the payment or deposit as a receipt for the money, send the second copy to the office to be filed with the record concerned, and keep the third copy serially in a guard file. When the amount exceeds Rs. 500 the copy of the Challan intended as a receipt for the money shall be signed by the Deputy Registrar before it is issued.The Cashier shall remit the money he has received to the Treasury with the Treasury Pass Book, after verification by the Deputy Registrar or, in his absence, by the Assistant Registrar, on the next day on which the Treasury is open following the day of payment.
2. No money paid into court by way of deposit or otherwise shall be paid out of Court except under an order of a Judge or of the Registrar, or in the absence of the Registrar, or the Deputy Registrar, made upon an application for the payment of money.
3. Every application for the payment of money out of Court shall be in writing and signed by the party claiming in his own right or in his capacity as personal legal representative or as guardian to be entitled to the money or by his recognized agent for the purpose:
Provided that where the application is for payment of a sum not exceeding Rs. 50 the application may be signed by an Advocate duly authorised in that behalf.4.
5. The application shall be presented in person by the applicant claiming to be entitled to receive such money, or by an Advocate acting on behalf of the applicant and in the latter case, except in the case of an application made under the proviso to Rule 3, the application shall be signed by the Advocate immediately below the signature of the application in authentication of the signature of the applicant:
Provided that when the sum to be refunded does not exceed Rs. 100, the applicant may -6. The Judge, or the Registrar, or in the absence of the Registrar, the Deputy Registrar, may pass an order on the application allowing or refusing payment of the amount, or may before passing an order issue notice to show cause to any person or persons:
Provided that no order for payment shall be passed unless the application has been examined by the Accountant and bears his certificate in writing that there is no order in force stopping the payment of such money or any part thereof and stating the precise amount for the payment of which out of Court an order may be made.7. When an order for payment is passed a payment order shall be prepared by the Accountant and signed by the Deputy Registrar and when it is ready the fact shall be notified in a register to be kept for public inspection outside the Accountant's office. The applicant or his Advocate may then take delivery of the payment order from the Accountant after putting his signature on the counter-foil as a receipt.
Pay orders shall remain in force for two weeks from the date they are made over to the applicant or his agent, and no payment after that period shall be made until the order is renewed.The date of delivery of the pay order shall be noted on it.8. The Cashier is authorised to make payment in case of a sum not exceeding Rs. 200. before making payment the Cashier shall satisfy himself as to the identity of the payee and if the payee is not personally known to him he shall note in the register of pay orders the name, description and address of the person by whom the payee has been identified to his satisfaction. Before making payment the Cashier shall take from the payee a receipt for the money, duly stamped when a stamp is necessary. The Cashier shall enter all such payments in the register of pay orders.
9. When any money has remained in Court for more than twelve calendar months after the time when an application for the payment thereof might have been made, the accountant shall report the fact to the Registrar, who shall issue such notice as may be necessary that the money is ready to be paid out of Court. The expense, if any, of issuing such notice shall be charged to and defrayed out of the fund in Court.
10. The Cashier shall keep a supply of saleable forms of which he shall maintain an account. Payments for forms issued by him will be made in cash. The stock shall be verified every six months by the Deputy Registrar. The following are the saleable forms: -
1. Application for copy;
2. Application for information;
3. Challan for deposit of money;
4. Application for refund of deposit;
5. List of papers for the paper-book; and
6. Application for noting appearance and supply of paper-books.
Note. - For Forms under this Rule - See Appendix B.11. The account registers to be kept are as follows: -
12. All the registers of the Cashier and of the Accountant shall be examined daily by the Deputy Registrar. The daily examination shall consist in comparing -
Chapter XVI
Inspection of Records and Registers
1. No record of any case shall be removed from the Court building except under an order in writing of a Judge or the Registrar:
Provided that if any Judge requires a record at his private residence he may take charge of it.2. No record or paper of any department shall be inspected by any person other than a Judge or an officer of the Court except upon and order in writing of a Judge, the Registrar, Deputy Registrar or the Assistant Registrar.
3. Any party to a suit, appeal or other proceeding in the Court and the pleader or agent of any such party may apply for an order for the inspection by himself or in the case of a pleader, by his articled or recognized clerk, of the record of any papers in such suit, appeal or other proceeding.
4. Every such application shall be in writing, in the prescribed forms and shall specify the record or paper of which inspection is desired and the name of the person by whom the inspection will be made, and shall state whether the application is for ordinary or immediate inspection, and be accompanied by the prescribed fee.
Forms of applications for ordinary and immediate inspection will be supplied free of charge.5. Any other person may apply for an order for the inspection of a record or paper in any suit, appeal or other proceeding in the office. Every such application shall be in writing and shall specify the record or paper which it is desired to inspect and shall clearly state the reason why the inspection of such record or paper is desired and shall be accompanied by the prescribed fee.
6. Every application for inspection shall be made between the hours of 10.30 A.M. and noon on a Court working day.
7. Any person named in an order for inspection may make such inspection between 11 A. M. and 3 RM. on any day or days for which permission is given in such order.
8. No such inspection shall be made except in the inspection room of the department concerned and in the presence of the Inspection Clerk of such department.
9. Inspection Clerks shall keep Inspection Registers in the prescribed Form and shall initial each entry made therein.
10. Every order by which inspection is allowed shall state the name of the person who may make such inspection.
11. Every order for the inspection of a record or paper if presented to the Record-keeper or to the Inspection Clerk of the department concerned but not otherwise, will entitle the person named in such order to inspect the record or paper specified in the order between the hours of 11 A.M. and 3 P.M. on any day within ten days from the date of the order:
Provided that in case of an order for immediate inspection, the person named in the order shall before 1.30 P.M. of the day on which he desires to inspect give notice in writing on the order to the Record-keeper or the Inspection Clerk of the department concerned:Provided also that in the case of an order for ordinary inspection the person named in the order shall give to the Record-keeper or to the Inspection Clerk of the department concerned 24 hours' notice in writing on the order, of the day on which he desires to inspect such record or paper.12. Immediately upon receipt of notice given under the last-preceding Rule the Inspection Clerk shall send a requisition to the Section Officer of the department in which the record or paper mentioned in the application is and such Section Officer shall make over such record or paper to the Inspection Clerk by 10.30 A.M. on the date noted in the requisition if the order be for ordinary inspection or at once if the order be for immediate inspection.
13. No person inspecting a record or paper shall bring into the inspection room any pen or ink or make any mark on or in any respect mutilate any record or paper which being inspected.
14. No person other than officials of the department and the person named in an order for inspection shall be allowed into the inspection room.
15. No one other than a Judge, the Registrar, Deputy Registrar or Assistant Registrar shall be allowed to inspect any register of the Court or the office except on an order in writing of the Registrar and in the presence of the officer whose duty it is to keep such register:
Provided that no one other than a Judge or the Registrar shall be allowed to inspect any confidential register of the Court.16. The Inspection Clerk shall every day return all records sent to him to the department from which he received them.
17. If any such record is required on any subsequent day the Inspection Clerk shall make a note to this effect and the Section Officer of the department concerned shall make it over again to the Inspection Clerk by 10.30 A.M. on such day.
Chapter XVIA
Facilities to be given to Press Reporters
1. Duly accredited and approved representatives of approved newspapers will be allowed seats in Court near the Bench, if they so desire, for the purpose of reporting proceedings.
2. They can obtain copies only of such court documents as can be obtained by strangers and then only on regular applications under the Rules and on payment of the prescribed fees.
3. Such press representatives will be given the following special facilities for inspection of judgments only (not of records): -
4. No press representative will in any circumstances be allowed private access to ministerial officers of the Court; nor will he be allowed inspection of any judgment until it has been revised and signed in the ordinary course, except by special permission of the Judge who delivered it, and upon such conditions with regard to verification of the notes taken as he may think fit to enjoin.
5. The Court reserve the right to withdraw the special facilities from the representative of any Newspaper or Law Journal in which inaccurate or misleading reports are found to appear.
Chapter XVIB
Facilities to be given to approved Law Journals
The issue of copies to representatives of Approved Law Journals shall be governed by the following provisions, namely: -| SI. No. | Description of the case. | Date of receipt of judgment in Disposal Section,Criminal Department | Number of page in the judgment. | Date of sending judgment to the Section Officer,Copying Department. | Signature Section Officer. CD. with date ofreceipt of Judgment. | Date receipt of Judge- ment from C.D. | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| SI. No. | Description of case. | Date of receipt of Judgment in C. D. fromDisposal Section, Criminal Department | Date and time when judgment received by typist. | Signature of typist. | No. of words | Date and time when handed over to SectionOfficer, C.D. | Signature of Section Officer. C.D. | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| SI. No. | Date application and value of stamp, if any | Name of applicant, Law Journal. | Description of case. | Signature of Section Officer, C.D | Date when copy delivered to applicant. | Signature of recipient. | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Chapter XVII
Admission of Advocates and Attorneys
(Deleted)CHAPTER XVIII Rules regarding Advocate's Clerks1. In these Rules the expression 'authorised clerk' means a clerk employed by an Advocate ordinarily practising in the High Court, and the Courts subordinate thereto, in accordance with the Rules and practice of the Court and such instructions as may, from time to time, be issued by the Registrar of the High Court.
2. An advocate ordinarily practising in the High Court may make an application to the Registrar in pursuance of these Rules, for the recognition of a clerk, who, on such recognition, shall be known as an 'authorised clerk,' for the purposes of transacting business in accordance with Rule I of these Rules.
No advocate may make an application for more than one authorised clerk save with the express recommendation of the State Bar Council certifying that the advocate's practice is such that the number of clerks recommended is essential.[3. A register of all authorised clerks shall be maintained in the office of the Registrar, and to each authorised clerk shall be given under his orders a card in the prescribed form. Every authorised clerk while on duty: -| Register No. | Name of recognised clerk. | Father's Name | Residence of recognised clerk | Date of registration | Date of renewal each year | Name of advocate by whom employed | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8] |
4. Registration shall be valid only until the close of the year within which it takes place. Each card (which shall be strictly non-transferable) shall be returned at the close of the year with (when it is desired to renew the clerk's registration) an application for the purpose, and the certificate mentioned in Rule 9 below.
On the 15th day of January of each year the Registrar shall strike from the register the names of all clerks who have not applied for renewal. Any such clerk shall from that date ceases to enjoy the privileges accorded to authorised clerks under these Rules. He shall be called upon through the advocate employing him to surrender his card. Upon his failure to comply within a reasonable time he may be declared ineligible for any subsequent employment as an authorised clerk.5. An advocate shall at once report to the Registrar the termination of his employment of any authorised clerk, and on termination of his employment clerk shall immediately return his card, failure to do so rendering him liable to the penalty mentioned in the last preceding Rule.
6. No clerk employed by an advocate referred to in Rules 1 and 2 of these Rules shall be allowed to transact any business with or to have access to any of the offices of the Court or the Courts subordinate thereto unless he is at the time an authorised clerk, and properly dressed as such:
Provided that an authorised clerk shall not be debarred from working only by reason of the fact that his card has been sent before the 15th day of January to the Registrar for renewal in the ordinary course:Provided also that lost cards may be replaced on payment of a fee to be prescribed by the Registrar, and during the interval the clerk may work on a temporary permit to be granted by the Registrar.7. It shall be the duty of an advocate at once to inform the Registrar of any serious misconduct which comes to his knowledge on the part of his authorised clerk.
When it is alleged that an authorised clerk is guilty of misconduct, the Registrar may, for reasons to be recorded in writing, and after hearing the clerk in his defence if the latter so desires, order his suspension, or the removal of his name from the register and the cancellation of his card, and on the passing of such order the clerk shall cease to be an authorised clerk.The Registrar may further in his discretion declare the clerk ineligible for any subsequent employment as an authorised clerk or may pass such other order as he may deem just and proper.8. If a person who has been suspended or whose name has been removed from the register under Rule 7 is thereafter recommended for registration by any advocate, the fact of such suspension or removal shall be mentioned in the recommendation.
9. When submitting an application under Rule 2, and when it is desired to renew registration, the advocate shall furnish certificate to the effect that he knows personally, or has satisfied himself by proper enquiry, that the clerk in question is a person of good character and antecedents; that he is fit to be employed as authorised clerk, and will be employed bona fide and solely (subject to the proviso to Rule 10) in the advocate's own service and for the purpose of his legal business in accordance with these rules; that his employment is necessary for the advocate's professional practice and that the advocate will make it a condition of his accepting a brief that remuneration shall be paid to the authorised clerk or clerks in an amount not less than five percent of the fee paid to the advocate subject to a minimum of Rs. 2.
In the case of a first application he shall further furnish an undertaking that if it comes to his notice that the clerk is or has been working as a tout he shall at once report the fact to the Registrar.10. An authorised clerk shall transact business for remuneration in the offices of the High Court or Court's subordinate thereto only on behalf of the advocate whose clerk he is or of the clients of the said advocate:
Provided that whenever the sole authorised clerk of an advocate is unavoidably absent from the Court the authorised clerk of an advocate may work in his place, with the previous consent in each case of the advocates concerned.11. No authorised clerk shall demand or accept remuneration from any person except from the advocate whose clerk he is or from the clients of his advocate.
12. The Registrar shall be entitled, for reasons to be recorded in writing, in his discretion to reject any application for the registration or renewal of registration of an authorized clerk.
13. Should it come to the notice of any advocate or of any officer or assistant of the High Court that any person other than an authorised clerk as hereinbefore defined, is transacting or attempting to transact any of the business of an authorised clerk within the precincts of the High Court, he shall at once report the fact to the Registrar, who shall take such action as he may deem fit, and may exclude such person from the precincts of the Court.
14. No authorised clerk shall do an act which his master himself is not empowered to do, e.g., he shall do not act in a case in which his master is employed to plead only.
15. Subject to Rule 14 an authorised clerk may act in all matters of a routine nature which do not require the personal attendance of the advocate, and shall be allowed to do the following acts on behalf of his master: -
Chapter XIX
Preservation and Destruction of Civil and Criminal Records
The following Rules have been prescribed by the High Court under Section 3 of Act V of 1917, with the confirmation of the State Government: -1. Every record, unless otherwise provided, shall consist of two parts to be styled respectively Part I and Part II. To Part I there shall be prefixed a title page coloured white and to Part II a title page coloured blue.
2. Part I shall be preserved for ever and Part II for [3] [Substituted by C. S. No. 95, dated 21.06.1990.] years, after the expiry of which it shall be destroyed.
3. The period of [3] [Substituted by C. S. No. 98, dated 07.12.1991.] years mentioned in the preceding Rule shall be calculated from the date of the final decree or order, which, in cases of appeal to the Privy Council or the Federal Court or the Supreme Court, will be that of the decree or order of His Majesty in Council or of the Federal Court or of the Supreme Court respectively.
4. All copies of paper-books in excess of the number to be preserved, either permanently or for [3] [Substituted by C. S. No. 98, dated 07.12.1991.] year as directed in these Rules shall be kept separate from the records to which they relate and be destroyed on the expiry of one year from the final decree or order of the High Court, or of the Privy Council or of the Federal Court or of the Supreme Court as the case may be.
Civil Records5. Part I of the record of every Original Civil Case shall contain the following papers: -
6. Rule 5 shall apply, as far as possible, to all records of Original Matrimonial cases, Testamentary and Intestate case, and inquiries under the Letters Patent into the conduct of Advocates, Vakils and Attorneys of the Court.
7. Part I of every Civil Appeal shall contain the following papers: -
8. [Judgments/orders in Civil Appeals dismissed under Order XLI, Rule 11, of Letters Patent Appeals dismissed summarily and of cases dismissed for default or in which the plaint or memorandum of appeal has been rejected or returned, shall be included in Part I and Part II shall contain other papers."] [Substituted by C. S. No. 99, dated 24.05.1995.]
9. Judgments and orders/order sheet passed by this Court in applications giving rise to the Civil Revision, Civil Review, Tax Cases, and MJC shall be treated as Part I record, whereas the remaining papers shall be contained in Part II and the same shall be destroyed after three years."
10. Part I of the records of Original Criminal cases shall be the following papers: -
Part II – shall contain two copies of the printed paper-book and all other papers.
11. [Part I in Criminal Appeals, Revisions, References and Miscellaneous cases shall contain only Judgments/orders/order sheets and Part II shall contain rest of the papers.] [Substituted by C. S. No. 99, dated 24.05.1995.]
12. [The order-sheets and index about the result of Criminal Appeals and Revisions which have been summarily dismissed shall be maintained in Part I and other papers shall be shown in Part II.] [Substituted by C. S. No. 99, dated 24.05.1995.]
13. [Regarding application for bail and suspension of sentence and orders thereon, which are treated as Miscellaneous cases Part I shall contain index indicating the date on which bail was granted or refused. Rest of the papers shall be kept in Part-ll and preserved for a period of three years.] [Substituted by C. S. No. 99, dated 24.05.1995.]
14. The order sheets and judgment passed in writ cases should be included in Part I, records.The other papers including the applications and affidavits, if any, filed in reply should be included in Part II records which should be preserved for 6 years.
Chapter XX
Mode of Recording Evidence in Civil Cases
1. Upon the hearing of any suit or matter in Court or before a Judge the evidence of each witness examined shall be taken down in English by or in the presence and under the superintendence of the Judge or one of the Judges.
Such evidence shall be taken down ordinarily in narrative form when in long hand, and in the form of question and answer when in shorthand, by such officers of the Court as may be appointed for the purpose.2. When the evidence is taken down in shorthand, the shorthand writer shall make a transcript thereof; shall sign both the shorthand note and the transcript, and shall certify that the former is a correct record of the evidence, and the latter is a correct transcript of the former.
The shorthand note and the transcript shall form part of the record of the case.3. Exhibit marks on documents and material objects shall be written by the Peshakar of the Court and signed by the Judge or one of the Judges.
Part - V Rules under Special ActsChapter XXI
Rules under Section 25 of the Press (Objectionable Matter) Act
(Act LVIof 1951)1. Every appeal under Section 23 of the Act shall be made in the form of a memorandum signed by the appellant or his Advocate and accompanied by a certified copy of the order appealed from.
The memorandum shall set forth concisely and under distinct heads the grounds of objection against the order appealed from.2. Every application to the High Court under Section 24 of the Act to set aside an order of forfeiture under Section 11 or sub-section (2) of Section 6 or sub-section (3) of Section 9 or an order under sub-section (2) of Section 12 shall be made by the presentation of a petition which shall be signed by the applicant or his Advocate and verified at the foot by an affidavit of the applicant or of someone on his behalf.
The application shall be accompanied by a certified copy of the order sought to be set aside. There shall also be annexed to the petition as exhibits all documents or copies thereof which will not be available from the record of the authority against whose order the application is directed and on which the applicant proposes to rely in support of his application.3. The affidavit in support of the application under Section 24 shall set out the interest of the applicant in the property to which the application relates. Where such interest is not admitted or will not appear from the record of the authority against whose order the application is directed, there shall be annexed to the affidavit as exhibits all documents or copies thereof relied on in proof of the interest claimed.
4. A copy of the memorandum of appeal or of the application, as the case may be and of the annexures thereto, if any, along with a notice in writing for the presentation of the appeal or application, as the case may be, shall be served on the Advocate-General not less than twenty-four hours before it is moved.
5. Appeals under Section 23 and applications under Section 24 shall be presented to the Criminal Bench and during the vacation to the Vacation Bench. Such appeals and applications and submissions made by the Sessions Judge under Section 21 shall be dealt with by the Criminal Bench or the Vacation Bench, as the case may be.
6. Immediately after admission as many copies of the memorandum of appeal or of the application as the case may be and of the annexures thereto as there are parties to be served shall be filed by the appellant or by the applicant, as the case may be, along with the requisite process fee required for service according to the scales prescribed by the High Court Rules for the service and execution of processes.
7. When an appeal or a submission or an application under sub-section (2) of Section 6 or under sub-section (3) of Section 9 or Section 11 or sub-section (2) of Section 12 of the Act has been admitted, the Registrar shall send for the record and on receipt thereof shall take steps for the preparation of paper books in accordance with the High Court Rules so far as they are applicable.
8. Orders for costs passed in proceedings under Section 21, Section 23 or Section 24 shall be executable by the District Judge within whose jurisdiction either the person or the property of person against whom the order is directed is situated, on an application for execution filed in his court, in accordance with the requirements of the Civil Procedure Code. It shall be open to the.District Judge to transfer the execution to a civil court of competent jurisdiction as provided in the Code.
9. An application under Section 31 of the Act will be dealt with in the same manner as an application under Section 528 of the Code of Criminal Procedure.
10. The table of fees in force in this Court shall be applicable to all proceedings under the Act, and steps taken therein and costs payable in respect of such proceedings and steps shall be taxed, where so desired, by the Taxing Officer.
11. So far as they are not inconsistent with any provisions in these Rules, the General Rules applicable to applications and affidavits filed in the High Court shall apply to all applications and affidavits filed in proceedings in this Court under the Act.
12. All appeals, submission and applications under the Act shall be treated as Miscellaneous Criminal Cases and registered in the register in P.H.C. Schedule VIII-C, 13.
Chapter XXIA
Rules under Section 99F of the Criminal Procedure Code, Act V of 1898.
[Deleted by C.S. No. 52, dated 22.8.1983.]Chapter XXIB
Rules under Section 491 (2) of the Code of Criminal Procedure.
[Deleted by C.S. No. 52, dated 22.8.1983.][CHAPTER XXIBB] [Added by C.S. No. 10, dated 11.12.1975.] Rules framed by the High Court of Judicature at Patna under sub-section (1) of each of the Sections 13 and 18 of the Code of Criminal Procedure, 1973 (Act 2 of 1974)1. (i) These Rules may be called the Special Judicial Magistrates/Special Metropolitan Magistrates (Specification of Qualification) Rules, 1974.
2. [(i) No power of Magistrate of Second Class shall be conferred under subsection (1) of Section 13 or sub-section (1) of Section 18 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) on a person unless he -
(a)holds a degree in law of an Indian University or of a Foreign University recognised in India by law: or(b)has exercised the powers of a Magistrate under the Code of Criminal Procedure, 1898 (Act 5 of 1898) for not less than one year; or(c)(i)has exercised the powers of an Executive Magistrate under the Criminal Procedure Code, 1973 (Act 2 of 1974) for not less than one year; or(ii)If he is a member of the Indian Administrative Service on training, has exercised the powers of an Executive Magistrate under the Criminal Procedure Code (Act 2 of 1974) for not less than three months;(d)has acquired experience in relation to judicial and quasi- judicial work for not less than three years.]3. On a question as to whether a person does or does not posses any of the qualifications or experience specified in Rule 2, the decision of the High Court shall be final.] [Added by C.S. No. 92, dated 14.07.1988.]
Chapter XXI
C Rules for Disposal of Applications under Articles 226 and 227 of the Constitution of India
1. An application for a direction or order or writ under Article 226 of the Constitution of India shall state the names, description and addresses of the applicant and the party against whom the relief is sought, the relief sought and the grounds upon which it is sought and be supported by an affidavit by the petitioner or by one of the petitioners or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case as specified in sub-rule (1) of Rule 15 of Order 6 of Schedule of the Code of Civil Procedure. It shall also state whether an application on the same facts had been previously filed before this Court, and if so, with what result.
[1-A. Every application under Articles 226 and 227 of the Constitution of India for quashing of the investigation with prayer for stay of arrest during the pendency of such writ application or for grant of bail or anticipatory bail shall state whether the petitioners or any one of them have previously filed before this Court any petition for bail or anticipatory bail, and, if so, shall state the number of the case, the date of disposal and result thereof.] [Added by C. S. No. 65, dated 04.07.1984.][1-B. (i) All Civil Writ applications, which are ipso facto treated as urgent may ordinarily be presented [at centralised filing counter] [Inserted by C.S. No. 66, dated 04.07.1984.] on any working day, which is not a court holiday:[Proviso Deleted by C.S. No. 111, dated 30.09.1996.]2. [XXX] [Deleted by C.S. No. 67, dated 04.07.1984.] If the direction or order of writ is sought against the Government or Union of India or the State of Bihar or a public officer action or purporting to act in discharge of his official duty, [two copies] [Substituted by C.S. No. 96, dated 16.04.1991.] of the application with its annexure, if any, shall be served on the Advocate-General or, in the case of any department, or officer of a department, of the Union of India, having a retained counsel known as the Standing Counsel or otherwise, on such Counsel of the appropriate department, not later than noon of the day preceding that on which the application is moved.
3. Applications under Article 226 of the Constitution shall be registered as Civil Writ Jurisdiction Cases (C.W.J.C.) or Criminal Writ Jurisdiction Case (Cr. W.J.C.), as the case may be.
[4. All writ applications be placed before Division Bench for admission and for their hearing by Single Bench (Judge) unless the Division Bench admitting the writ application at the time of the admission, orders for its being heard by a Division Bench or a Single Judge, at the time of hearing, refers it to the Division Bench.] [Substituted by C.S. No. 71, dated 12.12.1984.]5. The notice of the application alongwith a copy of the application and annexures, if any, shall be served on all persons directly affected and on such other persons as the Court may direct:
Provided that on the hearing of any such application, any person who desires to be heard in opposition and appears to the Court to be a proper person to be heard shall be heard, notwithstanding that he has not been served with notice of the application and shall be liable to costs in the discretion of the Court, if the order shall be made.6. An answer to the Rule NISI or to the notice to show or to the notice of the application showing cause against such Rule, show cause or application, shall except with the leave of the Court, be made by filing an affidavit and by serving a copy thereof along with the copy of annexure; if any, upon the applicant or his Advocate, as the case may be, not later than the date fixed for showing cause:
Provided that an answer showing cause filed beyond the period prescribed by this Rule shall be placed for orders before the Bench at the time of hearing of the application and the Bench may pass such order on the affidavit as it thinks fit:Provided further that if notice of the writ application is accepted in Court and a date is fixed for hearing with consent of the parties without issuing formal notice, an answer showing cause must be made by filing an affidavit and by serving a copy thereof with annexures, if any, upon the Advocate for the applicant not later than twenty-four hours before the date fixed for hearing.7. All applications, affidavits, answers showing cause and affidavits in reply along with the annexures, if any, filed by any party, shall be in duplicate and typed legibly in double space. Before the case is put up for hearing, the High Court office shall prefix a table of contents with reference to the page numbers of the papers or record:
Provided that if papers are filed during the course of hearing the parties shall prefix a table of contents giving serial page numbers in continuation of the page mentioned in the original table of contents.8. Rule 23, in Part II, Chapter VIII of the Patna High Court Rules shall apply mutatis mutandis to applications under Article 226.
9. Unless the Court otherwise directs, the application shall be heard at least eight clear days after the service of notice of the application thereof in the manner specified in Rule 5.
10. In case of difference of opinion between the Judges composing the Division Bench, the point of difference shall be decided in accordance with the provisions of clause 28 of the Letters Patent.
11. The Court may in such proceedings impose such terms as to costs, and as to the giving of security as it thinks fit.
12. These Rules shall also apply mutatis mutandis to applications under Article 227 of the Constitution.
Standing Order No. 3 of 19941. (i) These Rules shall be called Rules of Patna High Court to deal with Public Interest Litigation.
2. In these Rules unless the context otherwise requires: -
3. To encourage only genuine and bona fide PIL and discourage PIL filed for extraneous considerations, the Bench hearing a PIL shall first verify the prima facie credentials of the Petitioners before entertaining any case as a PIL. Thereafter, notice may be issued to the Advocate General or to any other authority to enable the Bench hearing the matter to come to a prima facie satisfaction regarding the correctness of the contents of the petition or information before entertaining the same as PIL.
4. For the aforesaid purpose, A PIL shall first be listed with appropriate office notes under the heading "For Orders" before the appropriate Division Bench.
5. Only those matters shall be treated as PIL which involve substantial public interest aimed at redressal of genuine public harm or public injury and for this the Bench hearing the matter shall ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation.
6. To facilitate the aforesaid purpose, a petitioner in a PIL shall state in clear terms the relief prayed for in paragraph-1 of the petition and grounds in paragraph-2. In paragraph-3, he must give a full and complete detail of himself to reveal his interest, credentials and qualification relevant for the PIL, alongwith a declaration that he has no personal interest, direct or indirect, in the subject matter of PIL. In addition, ordinarily, the petitioner is required to set out all relevant facts with supporting datas, reports etc.
7. After arriving at a prima facie satisfaction regarding credentials of the petitioner and correctness of the contents of the petition, if the Court finds that the petition was filed by busy bodies for extraneous or ulterior motives, the Bench may impose exemplary costs.
8. The procedure for dealing public interest litigation shall otherwise be the same as that for a Civil Writ Jurisdiction case requiring consideration by a Division Bench, usually headed by the Chief justice or by any other Bench assigned by the Chief Justice.
9. The procedure in these Rules shall be without prejudice to the power of the Court under Articles 226 and 227 of the Constitution under which the Bench hearing a PIL, may in the interest of justice and to promote public interest devise special procedure for satisfying itself with the credentials and bona fide of the petitioner and also to find out relevant facts deemed necessary for the purpose of the case.
Chapter XXI
D Rules for Disposal of Appeals under Section 116A of the Representation of the People Act, 1951.
[Deleted]Chapter XXI
E Rules for the Disposal of Election petition filed under Section 81 of the Representation of the People Act, 1951.
1. In these Rules, unless the context otherwise requires: -
2. The Rules in Chapter-Ill of the Patna High Court Rules shall apply as far as possible to applications made under this Chapter.
3. As soon as an election petition is filed, but not later than a week, an intimation thereof shall be sent to the Commission in the form specified in the Schedule appended to these Rules.
4. Every election petition shall, immediately below the title, have endorsed on it "Election Petition" and shall, in addition to the grounds and date or dates specified in Section 81 and the contents required by Section 83 or any other section of the Act dealing with the presentation of such petitions, state -
5. Every election petition shall be accompanied by (i) challan showing deposit of Rs. 2,000 as required by Section 117 of the Act, with the Cashier of the Court towards security for the costs of the petition; and (ii) as many copies of the petition with copies of annexures, if any, as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his signature to be a true copy.
6. Subject always to the orders of the Judge, before a formal presentation of the election petition is made to the Judge in open Court, it shall be presented to the Stamp Reporter of the Court, who shall certify thereon if it is in time and in conformity with the requirements of the Act and the Rules in this behalf, or is defective and shall thereafter return the petition to the petitioner for making the formal presentation after removing the defects, if any:
Provided that if on any Court day the Judge is not available on account of temporary absence or otherwise, the petition may be presented before the Bench hearing civil applications and motions.7.
8. Where more election petitions than one are presented in respect of the same election, the Judge may, in his discretion, try them separately or in one or more groups.
9.
10. In addition to the service of summons to be effected as aforesaid, summonses shall also be sent to the respondents to the address given by the petitioner by registered post prepaid for acknowledgement. The petitioner shall file extra copies of petition along with copies of annexures, if any, duly attested as required by Rule 5 (ii) to be served along with the summons by registered post.
11. Process fee to be paid shall be the same as provided in the Table under Rule 2 of Chapter XIII Part III, of the Patna High Court Rules. No extra process fees shall be charged for service of summonses by registered post except the requisite postal charges.
12. Those of the respondents who file written statements or recriminatory statement as provided under Section 97 (2) of the Act shall also furnish copies of such written statements and recriminatory statement and copies of annexures, if any, duly attested by such respondents, as the case may be, and where a recriminatory statement under Section 97 (2) alleges any corrupt practice, such a statement shall be accompanied by an affidavit in support of the allegation of such corrupt practice and the particulars thereof.
13. After the pleadings in the election petition are received, a date shall be fixed, at the direction of the Judge, for (1) discovery of documents, (2) inspection of the documents disclosed, and (3) the production of documents which are in the possession and power of the parties and issues will then be settled.
14.
15. Witnesses may also be produced by the parties on the date of hearing without a summons provided the parties have filed a list of the same as required under Rule 14.
[16. (a) A party applying for a summons to a witness shall be required to deposit with the cashier of the Court at the time of applying for summons a sum sufficient to cover the travelling allowance, the diet allowance and the local conveyance allowance of the witnesses according to the scale given below:Provided that in cases not fully or clearly covered by this Scale or in cases where the Judge thinks special considerations should prevail, the Judge shall award such amounts as he deems proper:Provided further that the local conveyance allowance shall be payable only if the party calling the witness does not provide conveyance to him.Scale| Class of witness | Travelling allowance | Diet Allowance | Local conveyance allowance |
| Class-1 | |||
| Gazetted Officers | By Rail | Rs. 35/- per day. | By Taxi |
| Professionals like Doctors, Advocates,Architects. Chartered Accountant, etc. Income Tax payees, Membersof Parliament, Members of State Legislatures. | 1st class or 2nd class A.C. Sleeper/Chair Carfare. | ||
| By Road | |||
| Taxi fare at the rate prescribed by theDirectorate of Transport of the State Govt. and if no such ratehas ben fixed as the Court thinks reasonable. | |||
| Class-II | |||
| All others except those mentioned in Class-I. | By Rail | ||
| Sleeper class or 2nd class fare. | Rs. 25/- per day | By three wheeler, Auto Rickshaw | |
| By Road | |||
| Actual Bus fare |