High Court Standing Orders
High Court Standing Orders
High Court Standing Orders
HI(flH COURT
Ooft'eC~d optG
1972
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Ao PMlimiuq •••
~0Nen-
.8. &menl
~ft DeparimeDt
15-10
10-6,
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lo4lcial Depa$Dent 17-106
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'1'raDIIation ~1liDg Deputmeat •• 1~111 I
ShoItbaad.writerll' Section 116-111
Bench OJarks' ~t 181-148
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«l OrIgiDaISide l4,'7-181
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PHEIJIMINARY.
3. Original Side .
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AD1HNI8TltATIVE SID1!l.
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ApPELLATE SIDE.
The Appellate Side Office is' comprised of the Court fee and
Appeal Exarniners' section, the Piling sections, the Notice
section, the Posting section, the Criminal section, the Trans-
lation and Printing Department, the 'Vernacular Records
section, the English Records. section, the Bench Clerks'
Department the Shortha,nd-writers' section, the copyists'
Department and the Supreme Court Section.
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, , The Memoranda of Appeals Or Petitions or Applications
on the Civil Side received on the Appellate Side of the High
,Court Office are examined in the Appeal Examiners' Section
to see whetlher they conform: t{) the Rules of Practice and
Procedure and to check whether sufficient Court fees are paid.
The papers, if in order, are numbered a,nd sent to tf-l1e filing
seGtQons. They are then circulated to the Deputy Registl'ar
or to the Judge as the caSe may be for orders as to the issue of
notice to the respondents. The Notice section issues notices
to the parties nftp!, the collection of necessary Process fees and
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. Aft-er 'the cases are heard and Judgments are delivered;' the
records are sent to the Bench Clerks' Department. 'Ilbe Judg-
ments are checked with reference to the case records and cita.-
1
tions. '1. heDecrees and' Orders are drafted and are approved by
the Officers. Then, they are sent to the Current section for
fair copying and for examining. '1.'hefair copies will be
signed by the Officers concerned before despatch in the Current
section. Copies of Judgments, Decrees and Orders together
with all the records .received from the Subordinate Courts are
re-transmitted 'to the Courts concerned through the Current
section .
. Ultimately, all papers filed in the High Court are sent to thti
relevant Record Rooms together with the Judgment and Decrees
and printed papers for being indexed and kept in custody.
Such of the papers as are not. reqttired to be retained perma.
nently are later destroyed as prescribed by the rules for the
destruction oj' records.
't The Master is also the Taxing Officer under the Court
F~es Act for dealing with reference relating to the proper
Court fee payable in suits, appeals and other proceedings insti-
tuted in the High Court. He aho holds enquiries as to the true
value of the estate of the deceased when moved by the Collector
of Madras.
f 'jj!
l. GENERAL
Recruitment,
ORDERS.
Pay, etc.
1. 'rhe method of recruitment, the conditions of service, the
salaries and allowances, leave and pensions of the members of the
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Court of Judicature ,at Madras are. regulated by the Tamil
:~adu High Court Service Hules. '
Leave.
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Madras Leave Rules, 1933, as amended.
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(b) No Government servant inay, in any case, be absent on
cabu31 leave for more than 15 days in the course of one calendar
~~~,
To
••••••••• '.' • ~\ ••• ,1 ••••••• 1 •••.•••••••
FORM.
Dated .
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Government Medical Attendant
:'.,J or oth~r Re!gistered Pract~tioner.
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8. J..Jeave at short notice will be refused unless the application
is' rmade in exceptional circumS'tances. Applications for leave
without medical certificate must be made at least a fortnight in
advance of the date on which the leave is to commence.
9. Applioations for extension of leave should be 8uhmllted one
week in 'advance of the expiry of the previous leave. Belated
applications may be rejeCted. '
10. Leave will be refu!,ed in ca,ses where the address of the
applicant is not given in the leave applications and Heads of Sections
are not to entertain such applications.
189/7-2A
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11. PrivIlege leaye l1~arned leave) for less than one mont.h at a
lime wIll not nonna,lly be granted.
12. No shorthandi-writer shall apply jar leave while a case or'
other proceedings in which he has taken notes of evidence remains
part-heard, unless there are strong grounds for so doing. But if
It becomes imperative that he should take l,eave, he must obtain
the necessary sanction for leave of absence from the g,azetted officer • l
concerned. He must apply sufficiently early, if possible, on the
previous day or at the latest by 10.15 a.m. on the dayl on which the
shorthand-writer has to be absent. In such cases care should be
taken to see that the note books containing the notes taken by the
shorthand-wdter in Oourt previously are made available to the
Oourt through another shorthand-writer.
13. Heads of sections should see that when a clerk goes on
leave (including Vacation turn leave) or when he is transferred or
promoted he furnishes (before relief is given) a list of all cases [LDd
papers pending with him to be 'attended to by the successor and a •
iist of all articles (especially material objects in Oriminal cases),
In his custody to be delivered to the successor. If a member stays
away through sudden illness or allY other ca,use, it is the duty of
the Head of the Section to check the work that he has left and to
see that it is dealt with by other members.
14. vVhenever there is a change of personnel in the office or
the services of temporary hands are dispensed with, ~heir B~ationary
should be transferred to their successors or secured by some person
tleputed by the head of the section concerned to be returned to
the stationery clerk.
Dress.
44. The Overseer will supervise the circulation vans and the
.. work of the Drivers. Every Saturday morning the Overseer wilD
cheek the level of the water in the batterv (the ulates should be
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,vel! covered with water) and the pres~ure in the tyres ancl
'1- submit a report to the Deputy Registrar setting out also the
/ defects if any detected. The vans should be sent for checking1
i a,nd sG!.'vicingperiodically io the Government Central \Vorkshopl
.' (as l"equired nnder the rules in force). Once '] month he wi!»
work out the average mileage for a litre of petrol (consumed) and
1mbmit a statemenf, to the Deputy Registrar for review.
45. The Overseer should apply in time to the office for
renewal of licences for tIle High Court Vans ann the Hand:
) Cart. He should also a,pply in time for the i'enewal of fitnes"i
certificates for the vans.
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and fans in the Court! halls are in good condition. He will see
that strict silence is maintained in and around the Court halls.
He will also report anything of an unusual nature to thel Overseer.
50. 'l'he Court-keeper should personally inspect the Courts
before 10.30 a.m. and seel that everything is in ordler. The Over-
Beer will also make a randum check by himself inspecting one or
two Court halls everY' da.y.
51. Every Saturday the floors of the Court hans must be
properly wa,shed, the furniture being removed for the purpose.
'1'he Court-keeper will be responsible for seeing tha1t, this is done'
regularly.
52. The carpets on each da~s will be taken out during Summer
Vacation and scrubbed properly and the dais and stair thoroughly
cleaned. The Vacation Officer will see that 'this is done. During
the Dasa,ra or Christmas Vacation the Court-keeper will see ~h&~
carpets are given a. special bruRhing &nd cleaning wit.h()~t removin~
them.
53 (a) The Court-keeper will be responsible for the proper
maintenance and running of the wall clocks in the Court halls,
Chambers and Office. li any clock or time piece goes out of order
at any time it should be immediately reported Ito the budg6€
section in the aaministra.tive depa.rtment. He should go rQ.W1d
the High Uourt buildings each morning 'to examine wheth:er thE't
clocks in the; Court halls and the clocks and time-pieces in tho
..• chambers and sections are keeping up accurate time. l£he beil
gong should be sounded only under IllS immediate supervision.
(b) The Court-keeper will be responsible for the cleanliness
and neatness of t.he chambers of Honourable Judges. On all<
Saturdays when the office functions, the Court-keeper should
direct the attenders in-cha-rge of chanibersto see that ithe walls,
doors and windows in the chambers are properly dusted and tho
furniture kept neat ,and tidy. He l:nay also utilise the services
of the chobdars whenever necessary.
(c) '1'he Duffadars and' Peons in the Courts will work under
the immediate supervision of the Court-keeper.
54. .court-keeper, Jamadar, Duffadars and Peons should be
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courteous in regulating the crowds in Courts.
55. While the jamadar will be in charge of the first Court, the
duffadars will be in charge of the rest of the Courts, each being in'
eha,rge of two or three Courts.
5G. The jamadar will in addition attend to the following.
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1. Allotment of peons or attenders 'to various sections in the
ofnce.
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in the room. When the Public Works department maistries
• coolies are allowed into the room for repairs, etc., the peon in
charge must personally be present there till they leave the room.
also the payments made from time to time, will be entered. The
Court-keeper will bring the bills to ' E 'section, administrative
department,. for being scrutinized before they are passed for pay-
ment.
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sealed by him from time to time.
65. (a) When the tapals are opened by the Assistant Registrar,
the Tapal clerk will take out the Administrlttive Tapals, sortl
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them section-wise and' will give each current a serial number i:Q
the respective distribution register (as in Form I below). The
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Assistant Registrar will ini'tial the last entry in ~he dis,tribution
registers.
(1:1) The Government, tapals will be placed in a flat nIe:
I marked "Very Urgenif~Government Tapals" ll,nd sent to the
I, Hegistrar generally before 12 noon every da~ for perusal. i'fter
,
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, (,lI}erksreceive the tapal papers, they will enter them in their perso-
nal and periodical registers. The tapals will consist o.f, (1) old(
::ases, i.e., papers which have to be filed with existing current, (2)
new cases, i.e., papers whether received by post Or "arising" in
the office which will start new files.
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Confidential papers.
66. Every confidential communication received in the Adminis-
trative Department will be registered in a sepa,rate register to be
kept with the Sub-Assistant. Registrar and maintaineli by a member
specia.lly deputed for the purpose. Confidential papers \yilJ be kept,
with the Sub-Assistant Registrar after disposal and should find a
place in a special annual index. This does not apply to secret
papers kept with the Registrar and given a Registrar's confidential
number.
Periodical Register.
67. 13efore, the beginning'. of each month, eal:h member should
en tel' (wi tll l',derence to the perm allen t, list of periodicals) firstly
those periodicals .which. originate in the oftlce (not being c0mpil;~-
tioue from distri.ct returns), secondly the perlOdicf1ls which ilre due
to the High Comt; showing' the oftices from which they aredne.
Heturnsj on teceipt in the High Court will be numbered in the
distrioution register like any other letter and this number, will . be
repeated in column (6) of the periodical register. Column (13) will
show the disposal, e.g., the High Court's return to Government or
the High Comt's view of the retmns from the districts, etc. Entnei:ll
in column (2) should be crossed ont when the retmn has been
disposed of, so as to show at a glance \Thich are pending and to
obviate the necessity of can:ying fOl'\'\Jcd pending returns from one,
month 'to the next: .
Personal negistcr.
70. The serial Dllmber ill column (1' indicates only the number
of new: papers, the member has to deal with. It ii>not the number
to be quoted in referring to any letter. The number in colmnn (2)
is the number by which any letter ontbe subject will be known.
189j7-3A.
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All intermediate references will bear ihis number. When the file
is finally d'isposed of, it will receive & disposal number in one of th6
lOur numbering books according as to whether it. belongs to the
P, X, R or D series maintained by the Telephone Operator.
This number will be noted in the last column of the personal or
periodical registers. 'When ,a file is simply lodged, it will go to
the rf,lcordroom under its current number only with the letter" L "
prefixed.
(a) Column (4) of the personal register will conta.in first thai
major head from the authorized list of heads, then the sub-head
and then a few words indicating the purport. These iudex heads
will invariably appear at the head of all notes and letters on the
subject and will be copied on to the index slips. rIh. correct
preparation of these abstracts requires considerable skill and should
be constantly checked by the section heads and superior officers.
(For detailed instructions regarding indexing vide Standing
Order No. 88).
71. As soon a-s the member dealing with the file receive. the
previous papers, he will arrange the file and put up papers for
reference in pads marked " Urgent" or " Very Urgent " as may
be appropriate. The papers forming the current file will be tagged
together and not pinned or tied with thread. A hole should b.
punched in the 108ft hand upper cornel' of each paper with a plin('h
and the tag must pa,ss through the holes. Files must not he tagged
untidily Or in such a way that the pages cannot be 'turned over freely
and read conveniently, nor must the holes be poked in the papers
,t' with the pointed end o'f the tags. The papers in the current file
must be arranged in chronological order beginning from the top,
and the pag,es numbered neatly in the same order.
72. (a) Disposal files pUt up for reference will be arranged undell
the current file in chronological order, the earliest file at the bottom,
then the next oldest and so on. Every disposal file put up for refe-
rence to which referenoe is actually made in the current or notes
must be flagged. No flags must be ,attached to the current or note files
themselves, but shall be fa8tened to the docket sheet of each disposal.
References to these will be made by quoting the number of the page.
Reference will be made to the year to which the file re1ates and to the
number of the page. Flags will be attached by paper fasteners,
and not by pins. As far as possible flags should be arranged in
alphabetical order and in such a way as to readily catch the eye.
'Thus if flag A is ,affixed to the bottom file, flag B will be fixed to the
one next above it and so on. They will also be so arranged that one
flag does not cover another. There must only be one flag On each filE'\
put up for reference. Care must be taken not to use morE' than
!lDeflag bearing the same letter or Dumber on the same ()('.c8s;or
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(b) Very old papers likely to crumble but are essential fOl;
putting up for reference may be enclosed in an envelope and
fastened by flags at ifue appropriate place in 'tJ1e file before circula-
tion to Judges. Wherever references. are made as to any Volume
or Books, marginal indications should be made in the note file aa
to the page, paragraph, rule, etc., of the Book or Volume and au
the actual time of circulation, the Book/Volume should be placed
above the folded flaps of the flat file and then tied with the tape of
the flat file.
Pu.tting up of drafts Gnd notes.
73. (a) In cases where orders cannot or not likely to be
passed at once, notes should not be written on the current. As 8.
rule when the subject-maMer of a file is such that a draft can be
put up, a note should not be necessary. A brief explanation maY,1
.however ,be added wjhere necessary in some cases. Lengthy notes
and notes on important cases should be written separately on notE'
sheets.
(b) While putting up notes, every statement made therein,
except expression of opinion should invariably be supported hy
certain authority. Such authority tlllay be cited by giving marginal
reference to page, para, disposal, etc., which should also be duly
tlagged. If any authority' or reference is made to a pending file,
then that file should be linked (placing the reference file below
with both flaps folded) and the original file placed above that with
It!'l tape tied underneath and then both the files should be tied up
with the tape of the reference file kept below.
74. Information sought for by other High Courts, etc., may be
furnished by the Registrar without resorting to note to Judges,
if such information is based on the rules gov81'ning the .subj.ect-
matter and published for general information.' But in regard to
any matters of policy or those not provided for in the rules or such
that in the opinion of the Registrar, orders of the Chief Justice
would be. necessary, orders of the Chief Justice shall then be
obtained. '
Answers to Queries.
75. As far as possihle, the following procedure shall be aaopted
in ftnswering queries of officers. When the officer write.~ a ques-
tion in the margin of the note, the reply 10 it is to be wriHAn ill
oontiuuatioll of tile 110te and not in the wargin. '1'he officer's ques.
tion will if necessary, be copied out afresh at the end of the no~
and the answer written below the copy; or the letters A, B, etc.,
will be written boldly against each such question and the answers,
marked with the corresponding letters, written at the end of the
note. H the oJlieel' writes any questions on drafts 01' currents they
will be similarly dealt with, and the answers written in continuation
of the note; and if a note file has not been opened already and if
the answer is such that it cannot be conveniently written below the
query itself, a separate note file will be opened for the purpose.
l~;rplonotions .
,
ror orders as to issue of reminders. When a draft has been
approved by the officer, it will be sent to the Fair Copying Section
with clear instructions as to enclosure. etc.
80. Correspondence with M.L.As., M.L.Cs., M.Ps. efc.,
"'hould be in the form of letters only. Letters received from
M .L.A's., M.Ps., etc., should at first be acknowledged immediately
and replies may be sent in the matter in due course.' A reference
is invited to Article 212 of the Constit1u,tion of India in regard to
the proceedings against Honourable Speaker or M.L.As., et.c. No
notice or SUIrtmons should be sent to them on any account. In such
matters, they should be promptly brought to the notice. of the
Registrar, who will correspond with the Honourable Speaker or
M. L.AB. about the pending proceedings in the High C~urt.
(High Oourt's Circular, dated 13-8-11168).']
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Call Book.
82. Call books in the form shown below will be maintained for
each section and will show only calls in cases which have been
closed in the personal register.
Subject
Nature of From Date Da.te .;,
Disposal the action whom on which of issue of How
number. to be taker reference reference reminder. disposed •..
..!4
and by
.whom.
is due. is due. of. a.,
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(1) (2) (3) (() (5) (6) (7)
Numbering Book.
.-
Disposal numboring book. Series. '.
Disposal number. Date. current number
disposed or.
(1) (2) (3)
SG. All papers that are finally disposed of will r.e ouly
c10cketed with the index heads and cross references clearly
written on the docket sheets. The index slips will be typed from
the dockets in duplicate in the form prescribed'" hereunder at the
same time as the drafts are fair copied or in cacies of simply
recorded papers without any despat-ch entry, soon after noting
r1ispm:al nllmhers on tl]('m. One COp~"of the slip will be retained,
hv the memher concernec1 for bis reference :mc1the other together
~ith the disposal will he promptly sent to the Record-kerper
afler getting the files properly stitched by the muchi. The
member concerned should send the index slip and the disposals t<D
,the Record-keeper within fifteen diays fro~u the date of Jlotiug
disposal numbers on them.
• FOIDl.
Office of the
High Court•
• . • • . . • . • . Series .
..
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Disposal nurober.
Dated 19
89. The members should keep on their table only those paperSi
which are ready for dispoflal. The lie-Qver files and those oni
which references have issued should be kept in their. side racks
separated from each other in the order of their current numbers
or disposal so as to avoid confusion. rrhey should nut keep withi.
them disposed of files unless they are required~for the di~posal oC J' I
Departmental Tests.
\12. On receipt of intimatioll. from Judicial Omcera having
pl)ssed the Departmental tests, necessary entries wlil b~ made in
the probation register.
A nnual returns.
I .. \)G. 'rile c/msolidated statements of receipts and charges on
account of the process-service and copyist establishments submitted
by Dibtrict Judges should, on receipt, be checked by the membeIl
t in charge. They will be put up with a note for orders
expeditiously.
~7. Annual Administration Heports received from the District
and Sessions J ueiges and District Magistrates wiil be :::,heckedby
the members concerned and the same will be submitted to the
Honourable Judges expeditiously. Unless there is any special
reason to doubt the accuracy of any figures given in theleports,
it is not necessary that they should be compared ,vith the Htatis-
tical returns before the reports are so submitted.
\)8. 'The remarks of the Honourable Judges on the District
Administration reports are not necessarily intended as reviews for
communication to the officers concerned.
Circulation.
100. l"iles relating to confidential matters anu tJlOse in which
confidential papers a,re put up for reference will be circulated in
bo;;es intenc1eo for the purpose.
101. (n) ,?\Thencirculating the files to the Judges for orders" a.
sepamte blank sheet (if necessary two sheets) should be put 'Up
with tbe file for Judges to minute on.
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(b) The same pnL'-"'\'les would apply in the case of all other files
circulated to Honourable :hdges during the vacation.
, reciproeal basis.
(b) Copies of the new ed~tions to rules and circular ordere
imd amendment slips published under the authority of tne Hig~
Court and issued from time to time will be forwarded tQ--
I (1) The Secretary to Government, Home department,
I!
or mmends Or repeals an existing rule a copy of the new rule 01.:
the amendment slip issued by the High Court shan be commn"i.
eated to the Advocates' and Bar Associations;
189/7-4
50
Records.
lO9. (1) 1'he Administrative Records is the repository for the
administrative disposals and Gazettes. This section will be
direct,l} under the control of a Superintendent in Aclministl'utive
department and under the overall supervIsion ofLhe Sub-Assistailt
itegistrar, Administrative department. The Dub-Assistan~
Hegi",trar, Administrative department will inspect the section
<1mi'lg each vacation and submit a report to the Hegistrar. The. - ..
report ~mong other things may deal with'the following :-
(a) Whether records are in proper order and protected
(rom white ants and or other insects and kept ::lean and secure
from enrry at all points and sufficiently lighted.
(b) Whether the disposals are methodically arrauged in
tile rar I{s.
Whether the procedures
(c) regarding •
issue and receipt
\ of records are strictly observed.
(d) 'Whether the disposals rIpe for destruction are
periodically destroyed.
(e) Whether the Gazette copies (Fort St George and'
India G'azette) are bound periodically and
(/) Whether annual index is prepared promptly.
extraordinary requirements.
Inspection and check of Stationery.
116. The stock of stationery in the stationery clerk's charge
will be inspected and checked with the stock bock every quarter
in accordance with Article 51 of the Stationery Manual, Volume T.
The check will be done in the first half of March, June, Septembell
and Decetmber by the Sub-Assistant Registrar, Administrative
department and Judicial, or any other efficer deputed for the!
purpose. .
Vacation.
117. All papers received in the office during the vacation "ill
be registered at once. The senior member on duty will be
responsible for seeing that this is done and that urgent papers are
dealt with immediately.
118. Vernacular petitions receivedl in the Administrative
department during the vacation may be sent if necessary fOIl
translation to the Translation Department, in urgent cases unde:r
orilers of the Vacation Officer in charge of the Administrative
Department.
1HL All papers pending with members on the date (if the
recess should be oompletely noted on by the respective memb'er~
when they attend for turn duty during the vacation and kep~
rearly for submission to the Registrar, Deputy Registrar or the
Assist.ant Registrar, as the caSe may be, on the reopening of the
Court.
Members of the Administrative department, can avail of the
vacation or enjoy the turn leave during the vacation, only when~
tlley clear off all the arrears and report such facts to the Sub-
Assistant Registrar, Administraitive department.
LIBRARY.
, 120. The High Court Library is intended for the use of tlie
B onourable Judges and the Office of the Registrar, High Court.,
It also caters to the needs of the members of the Bar who maJ1
ilesire fa consult some of the Law IText books for reference. The
Lihrarian, the Assistant IJibrarian and clerks intended for pasting
correction slips (amendment slips, etc,,) will all cOlIDe under the
direct control of a Superintendent in the AdministraJtive depart-
ment subject to the overall supervision by Sub-Assistant Registrar,
Arlministrative department.
121. New books or volumes are added to the library by
ohta,ining specific sanction of the Honourable Judge in charge ot
Cie subject and the Honourable ~e Chief .TuB~ice. The expendi-
ture'therefor will be mffi) from and out of the budget allotment.
As and when new books are received/purchased, they ~il1 imme-
"a'lately be entered in the copy of the catalogue kept by the
. lihranan ,attlJe appropriate places.
122. (a) The librarian is responsible for the proper perfor-
mance of all '.york connected WIth the library and Lor seeing ,hat
,the, staff under him carry ~ut their duties satiSifactorily. He 1llust
bee. that books areissueel promptly when required in Court or by
Judges or Offi,cers and ,tha,t they are returnerl whell tbe purpose
for which'Hi.ey were'issued has"been served. He should see that;
the registers kept in the library are correctly and properly
mainhtlJ1ed.
t
(b) The T.Jibrarian will see to the prompt circulation of books
for reference of tile Honourable Judges at their residences includ.,
jng cases 1Il which Judgment may be reserved. A ""ritten
requisition from the Bench clerk concerned should be obtained
for the purpose. Whenever books are taken from the library
. racks the sllps obta1l1ed therefor will be placed by the attenders
III the plates prOVIded for the purpose at tJ1e proper places.
i~0. The a:sSIl:ltantlibrarian will visit the Judges' residencefY
once a fortnight to see that the libraries are a,ttended to, that the
peons are on duty and attend regularly. The Librarian Or the
assistant librarian should, before leaving the office, see that all
the' exits from and entrances to the library are properly securec'!
lind that the key of the main entrance is sent to the Overseer.
124. All books in the High Court library will be stamped on
every hundredth page as well as on the fly leaveD and covers. All
illustrationo sbould be stamped.
125. (1) The work bf issuing correction slips for the amend.
ments mad'e by the High Court to any rules of practice 01'\
procedure will be done hy the section concerned. A c!orrectioD!
,
slip will conta,in only the operative portions which affect the rule
and references to the authority' for the amendment, (e.g), the
current number or disposal number of the proceedings of the High
00urt or G .0. number) will be given in italics at the end. Thi~
will be done hy the clerks concerned in the library under instruc-
tions from the IJibrarian.
l'he Assistant Librarian will see that the slips in the ('opies
provided for tbe Courts, the Judges, the library and the offi~e~s
of the Court are pasted properly. ", '
55
126. When new books are received in tlle library, they suould
be catalogued and filed at once. '1'he Librarian should keep a
special copy of the catalogue for this purpose and Lhia ShOllld be
taken to the Sub-Assistant Registrar to be checked when the
register of books received a.nd to obtain the approval of Sub-
. Assistant Registrar as to the correctness of lile heading under
which the new books have been enlered, before passlllg of the
bills by the Registra.r.
127. No book entered in the catalogue should be struck off
without the permission of the Sub-Assistant' Registrar, Adminis-
trative department and his initials should invariably be obtained
for any entry struck off.
128. (a) The Librarian should note down in his copy of the
catalogue, the rmmber of copies of any book received in the
library and also explain how they have been distributed in the
respective distributlOn registers.
(b) Once a year in April, a supplement to the library
catalogue should be prepared and sent to press showing the books
added to the library during the previous year.
(c) The librarian must see that the library catalogue kept!
in the Courts are brought up to date whenever new books are
received in the libra,ry.
129. (a) The Librarian shall check the books and perioclicals
Kept in the several Court halls once a quarter n,nd bring to the
notice of the Sub-Assis1tant Registrar, Administrative department
any mi8sing volumes. .
(h) Bench clerks attending Courts should check the books
kept in the Court ho.lls every Saturday and submit a report to the
Manager, Bench clerks' department. The Manager, Bench
clerks' department will then prepare a consolidated report and
submit the same to the Sub-Assistant Registrar, Alhninistrative
department, through the Sub-Assistant Registrar, Appellate
Side, for orders. In cases of discrepancy, with referenCe to the
oriIrrs passed 'by the Sub-Assistant Registrar, Administrative
denflrtment, the Librarian or the Assistant IJibrarian will check
th~ books in the Court halls and takp Tlp.C'essarysteps for restoring
1 he mi~ng books or volumes.
130. There should be maintained in the library-
(1) A sepa,ra.te file of all Judicial Notifications and ord.ers
issued by Government under all Acts and published ill the
Government Ga,zeHe.
(2) A separate file also of all bills with statement's o~
3bjects and reaSGns.
131. The Sub-Assistant Registrar, Administrative depart-
ment, should supervise the work of the Librarian in this respec~
very closely and verify on every Saturday that the Librarian has
filed, in their respective files, copies, of the notifications, orders 't
and bills with statement of objects and reasons published in the
gazette received during the week.
132. The TJibrarian will continue to issue books- to practitionerS1
for reference in the Courts on the responsibility of Bench)
clerks in charge of the cases in connection with which the books\
are required. All requisitions. for books under this rule must b~
signed in full by the Bench clerks concerned before the books,
are issued. ••
133. The T--1awOfficers of Government, the Officers of th~
High Court and the Judicial Officers in the City will be alloweiJ
to take books from the library for reference to their chambers,
, on condition they are returned to the library the saillle day . No,
book, however, may be removed out of the High Court. br retain-
ed heyond the day on which it is issued without the orders of the
Registrar, Deputy Registrar, or Assistant Registrar.
134. The binder who is entrusted with the binding or mend l•
ACCOUNTS SECTION.
60
CURRENT SECTION.
. 158. (a) Two Hegisters one for 'urgent' and another fat'
. ordinary' showing tlJ.e progress of the papers from the date of
receipt to the date of despatch will be maiBtained in the forms
prescribed. (High Court Form Nos. 602 and 119).
~!urrent Section ..
Statement for the period from to
working days)
Record No reccl'd
cases. cases.
(1) (2)
Pending at the commencement
~.
Received during the period
Total
••
Dealt with during the period
Pending at the end of the per!od
(includes also caEes in which crders
have been despatched but the records
,I have not been retum~d and the papers
I .-,' sent to E.R.)
Previous bala.nce Pages.
Fair copying -1 Received during (1. Oases Pages.
\York. >- the period ~ 2. Files 'Pages.
J l3. Miscellaneous. Pages.
Total Fage!'.
Disposed of Pages .
..
(1)
.'l'ypists
attE>nded.
(2)
Pages
typed.
(3)
Total pages
typed.
(4) ,-j'l
I,I'
S.A.R. (A.D.), S.A.R. (J), Dy.l~r. (A.S.), . Registrar i
160. The Superintendent, Current section, should every day I
check the despatch register and the papers and records>received for I
despatch once at 3 p.m. and again at the end of the day andl 1
satisfy himself that all papers received on a part~cul3:r day are
despatched that very day. He should at the end of the day's
I
entries in the despatch register endorse thaJt the papers and!recordS!,
noted therein have, in faot, been despatched and indica.fe those that
have not been so .despatched.
161. The Superintendent, Current Section" shall keep the service I
stamps under lock and key in his personal custody and give the
despatch clerk such amount as he requires daily. He should daily
.check the stamp accounts with the greatest care and'regularity.
162. The,number of postage stamps to be affixed should be
minimised by using highest denominations in each case.
163. The. Assistant Registrar, Appellate Side will check the
stock of semce stamps on the first' working day, each week. He
will also, once a month, conduct a test check as to the proper use!
of service stamps by the despatching clerks and submit a report to
j
66
the HegiE/,rar. The instructions laid, down III Article 119, Madras
Pinancial Code, Volume I, should generally be followed in regard to
the maintenance of service stailllJs. The Oificial Heferee will
scrutinize the carbon copy applications register periodically anclj
submit a report to the 1{egistmr as and when any defects are
noticed.
..• 164. Original judgments should not be taken away from thei
current section if this can possibly be aVOIded. \\Then, however,.
such judgments are taken away, the Superintendent, Current
.
I , Ii seotion, will make a note In a rough book tc be kept by him an&
" \
(,
call for such original judgments if they are not returned to the
I current section within three days.
, matioTIs calling for records, orders calling for findings and reports
and the like, le'1:,tersto Government, urgent proceedings,etc-., mus~
be deF:patchedon the very day, they are given for deHpatch and!
should on no account be kept over for the next day.
168. The despatching clerk should affix the despat.eh QAalon
the office copy of the letter or en the docket sheet of the Order I
Decree and Judgment only at the time of aetnal despatch (i.e., onl
the day when the papers are despatched). 'He should initial over.
the despatch seal immediately after the papers are dei'lpat.ehed.
. ,
169. All packets containing original records, certificatcs, service
reg-istera and the like will, as a rnle, be RCD t by registered POSt1
-a-eknowledgment due unless there are orders to the contrary.
18ll/7-5
66
118. (a) All orders and other papers which nave to bear the seal
of the High Court will be sealed with the seal in the Deputy
Registrar's Chambers.
(b) '1'0 ensure no Improper use of the seal, the fair copies or
certified copies of the Judgments, Orders, Notices and other papersl
both on the Appella,te Side and on the Original Side, should be taken;
by s responsible clerk, -deputed by the Section Head and accom-
panied by a peon, to the Deputy Registrar's Chamberb (or the
purpose of affixing the Official Seal,of ~he High Court kept therein. -
It shall be the duty of the clerk concerned to see that the accom-
panying peon promptly affixes the Court seal on such authorised;
papers entrusted to him oy the Heard'of the Section.
179. (a) '1'he furnishing of carbon copies to Advoc~tes will
If- _mainly rest with the Current Section.
s
o
.., '"
Advocate','" ApplicatEon c.....-o
namo. whon filed,
l:: 0",
::l
o ~<1> ....iii
~ AP.
(1) (3) • (4) (5), (6) (7) (S)
,
JUDICIAL DEPARirME~~r.
ltecelving Clerk.
Advocate,. his clerk or any puny presenting the papers shall Dot.
leave untIl they have been so checked and found correct. He f,hall
number the papers receIved ui:;ing the numherina Iila,chine and
enter them in the registers concerned and then :ndorse on the
papers the date of presentation. He shall effect cancellation of all
stamps as required by Section 77 of the Court Fees Act, 1955. 'rhe
punched heads shall be carefully collected and destroyed. 'l'he
papers shall then be handed over to an Appeal Bxaminer for beina
scrutinized by him to ensure that the stamps have been properl;
-..
punched and defaced and the High Court rubbe,' stamp has been
properly affixed. After this is done, the receiving clerk shall send'
the papers to the respective section, viz., filing, notice, etc. The
llIstribution clerk will then send the papers to tbe Appeal Exami-
ners for scrutiny after entering the same in a separate register.
ApPEAL BXAMINERS.
. 184. (a.) Check slips issued by the Touring Court Fee Exami-
nerf) with refenmce ItO. deficiencies,in Court fees collecteJ in suits or.
appeals, together with the report of the Presiding Officer of -the
69
(c) When the Deputy Registrar and the Advocate for the
appellant Or petitioner disagree as to the Court fee that shouldhav6
been paid on the plaint or memorandum of appeal in the lower
Court, the question of Court fee shall be posted with. the main case
fm orders of Court with reference to Section 12 (4) of the Court
Fees Act.
(d) Where it is found that the respondents in tlle High Court
have not paid the requisite Oourt fee in 'the lower Courts, the Appeal:
Examiners should make a note prominently on the docket in red ink
to that effect, meniioning also the amount that is to be collected.
'1'11e appeal and the second appeal clerks should wa.teh if the-
respondent has entered appearance and as soon as tbis is done,
". they should send the english bundles to the appeal examiners,
(e) Cases referred to in paragraph (b), (0) and '(d) supra shalt
first.be postedl before Court" for orders whether notice should go to
the Government Pleader on the question of Court fee" .
1MB. The Appeal Examiner will see whether the list of papers,
to be translated and printed or typed, if any, fileJ with the memo-
randum of appeal, is in the prescribed form, typed or printed copies
of which will be sold by the Manager, Translation and Printing
Department. If it is not in the correct form, the Appeal Examiner
will return the list for amendJlwnt. 'l'ranslation and Printing
applicatioTls in First Appeals, neeo not be retnrneo to the practi-
tioners for amendment when the'recordR required to be translated,
and typed aTe described as exhibits and depositions in the suit.
...
.
the lower Courts, the pleadings clerk will deliver the english
bundle with the originals of the Decree and Judgment to the Appeal
BxLtminers for necessary action bemg taken as stated below :-
If the error occurs in the originals, they shall he retnrncd to
the lo,ver Courts for correction and return. On receiPt of the origi-
nals, after correction or in cases in which there is no error in the
originals, the oopies shall be produced before the Assistant Registrar,
for necessary corrections being made under his initials.
Civil Revision Pet~tions,
...
J
191. Every Civil Revision Petition must show in plain terms,
whether it is made under Section 115, Civil Procedure Code, ot
Section 25 of the Act XI of 1887 or under any other enactment and
any petition presented for admission which omits to state this
distinctly, must be returned to the party or Adv)clte pl"eeenting it
with an endorsement requiring it to be stated precisely the provision
)f law under which the application is made. Every such petition
.;mst statp, onJ:v one or the other provision definitely.
72
196. (a) All appeals from orders of the Subordinate Courts and!
of the High Court in its Original Jurisdiction rejecting applications
to set aside excparte decrees; and
(b) All appeals from orders of remand under Order' XLI;
Hule 23 of the Code of Civil Procedure, should be expedited at every'
stage. The Appeal Examiner will draw attention, to every such
q.~aseby notin!r the nature of the appeal on the docket and marking
:it urg-ent. The filing clerk will note the fact of urgency in the file
book and the posting book.
(P, Dig, 2'1~!>3, 14th April Hl:i3,)
Interlocutory appl£cations.
~uo. On receipt of an interlocutory application, i~ will be ihe
duty of j;he Appeal l!ixammers to check the names of the partieg
anJ the nu.ruber of the case given therein with those given in the
main case and to see if it is drawn up in proper form and where
necessary. verified, and whether it is presented within the time
prescribed bylaw and a.long with the necessary enclosure (e.g.
Vakalatnamas and affidavits where necessary). If defective in any
particulars. the petition shall be returned with a note of the .defect
endorsed thereon under the signature of the Deputy Registrar. If
correct, the petition shall be registered after being numbered
201. (a.) '1'he docketing clerks will docket and index all main
~ases and any petitions accompanying them, passed by thc AppeaJ
Examiners.
(b) In converted caseR like Civil Miscellaneous Appeal into
Civil Revision Petition, etc., the docketing clerk ¥- ill put up new
dockets. Docketing of applications/petitions in l)ending main;
cases will be done by the respective filing sections.
(c) The docketing clerks will after docketing and indexing
,,;lses send those cases to the distribution clerk who will number
the!Il and send them to the respective filing clerks in the Judicial
Department. The respective filing clerks will, after making
necessary entries in the file books, submit ithe cases and memo. of
Ohjpctions, First Appeals, a.S.As., L.P.As. where leave to appeal
is granted by this Court, to the Deputy Registrar for admlssion. In
respect of Second Appeals and Civil Revision Petitions the papers
wiil be circulated to the Honourable Judge in charge of the d;strict
concerned for admission or otherwise as the Honourable Judges may
\ direct.
202. A Distribution R.egisterin High Court Form No. 619
(reyised) will be maintained' in the appeal examiners' section, by
the distribution derk.
Filing Cler7,;s.
203. The filing c1erks will call for the records immediately an
appeal 01' ~ revision petition is admitt-ed. But ill the case of
.4 ppea.ls or Revision Petitions agaimt interlocutory orders pn:or to
d(',(;rce, n'8 recordlsof the case need not he called .for, except at the
instance of the Court hearing tht:l Appea,l or Civil Revision Petition
concerned.
74
The filing clerk will enter the date on which 'the record hal' been,
called for in the file registers as well as on the doc!>:etsheet of 1he
<.:ase. 'I'Le filing clerk should watch the receipt of the records
called for and for this purpose a separate book should be maintained
;;l1owing the number of the case and the dates on which records
wer~ called for and received respectively. The filing clerks in
J ud1cial department will initially send memos. to lower Courts
calling for the records, copies of which will be marked to Verna.-
cubr H(:;cods. If it is fonnd that the records have not been received
in any case or cases within three weeks after the issue of first memo.
by the filing sections, the Junior A~sistant concerned in the Verna,..
eular Records will send the firs!; reminder. If they are not receIved.
within a further period of two weeks, a second' reminder should
then be sent. If no reply is received within two weeks after that,
a de~ni-official reminder should be sent,
The forms and register5 in Judicial Department sbonlf! be
maintained as per the instructions contained in the High Conrt's
Porms Revision Proceedings 1and 2/57, dated 20th Sf,ptember and
12th November 1957.
/'
r 17
for admission. Howev(;l" appeals agalilSt orueLSof relllanu Wlii. De
posted before Court. If the Deputy Registrar So directs orders.
shall be obtained for such cases being posted for admis810n before
the admission Court.
217. When a vakalatnarna Or appearance is received separa-
tely, the filing clerk shall check it. If found defective in anYt
particulars, it will be returned with an endorsement under the
signa.ture of the Sub-Assistant Registrar. If found correct, the
filing clerk will enter the necessary particulars in tile file register
and stitch the vakalaJtnama Or appearance with the E.B. of the case
after noting it in the index.
218. (a) ,It will be the responsibility of the miscellaneous filing
motion clerk to make a note of all interlocutory and other petition:,;,
filed in the main case against the main case m the file registel"s and
in the posting book.
(b) In respe~t of petitions relating to- First Appeals 0li
Second Appeals, the respective filing clerks will make similar,
"
.endorsements in the file books and in the posting books.
~19. On receipt of vernacular affidavits, ,the. iilmg clerks should
send them to the Manager, 'I'ranslation and Piinting Department,
for translation. I
220. When petitions to brmg on record Legal Representatives or
Guardian Oradding or striking out parties are ordered, the filing clerk
will carry out the amendment in the file book and in the menio-
randum of appeal or petition (original and typed or printed
copies) as the ca.se may be, make an endorsement on the reverse of
the C..1VLP. to that effect and place it for the' signature of
Sub-Assistant Registrar, Appellate Side.
221. When a refund is ordered of the excess COUI'tfee paid in
cases filed, in the High Court, an endorsement in red ink shall be
made on the E.B. and tbe printed papers of the case of the fact of
the refund in the docket sheet and the original memorandum of
appeal in the case.
Finding cases.
224. Wbere any matter has been once heard, and an explana-
tion or fInding is called for, the retul'll of the lower Oomt is fin;t to, • 1
be communicated to lfue concerned Advocates, if any, and the case
I
or petition is lLeu to be reposted fur a furt,ler hearing before the
Judges by whom the explanation was called for. 'The date of "
receipt of the lower Court's reply should be noted by the filing
clerkB in the posting book, as also the date of notice to the Advocate
of its receipt.
NOTICE 8ECTION.
227. (a) It shall be the duty of the Superintendent, Notice
section to see that notices in all cases of urgent nature as alSd
C9S"3!'1 wherein special dates have been fixed for return, are prepared
and despatched to parties within two days of the receipt of the
hn tta. He will also see t.hat notices in other case;; are i&8UedJ
Witll()11' (kllw. H,P time 1imh hprein heing seven davs.
79
or
23b. When a notice is returned unserved on account or the dea:h
a party intimation should be given to the appellant (petitioner) or
i
his Advocate and the date of death shall be entered by the notice
clerks in the posting book. If no action is taken within \10 days
aftetthe date of such death, the cases will be posted for orders of
'Court if there is only one respondent in the case but if th{'re is mote
than one respondent in the case, it will be p08ted for orders before
the Master.
CRIMINAL SECTION.
.. 241. '1'he Presidency Magistrates are nowhere officialJ)
designated as " Senior" or "Junior" Presidency Magistrates.
The Presidency Magistrates are designated as Chief, Second, 'l'hird,
Fourth and so on. If these Magistrates are not properly described
in the petitions Or appeals, the Criminal Appeal and revision filing,
clerks shourd return them for correction. In the orders issuing from
the High Court to the Presidency Magistrates they should. be
addressed as Chief, Second, Third or Fourth Presidency Magistrate,
and so on, as the case may be.
Referred Trials .
•
242. A list of pending Referred Trials and of appeals againstJ
acquittals in which the person acquitted had been re-arrested shall
, be made and laidl before the Deputy Registrar once a, week. 'The'
list shall show how long the case or appeal has been peneling and the
steps in detail taken to advance the hearing. Referred Trials anll
Appeals Against Acquittal in murder cases are to be given priority
over all other work whatsoever.
•• 243. The Magisterial records in Referred Trials shall not ri~
circulated to the Publio Prosecutor and the Advocate for the pri-
soners but they may be inspected in the office.
\
244. Briefs in Referred Trials and in cases referred to in Rule
241, Criminal Rules of Practice and Circular Orders, in ':'ihich,
death sentence is likely, will issue every Wednesday to the cuunsel
selected. The cases concerned will be posted on the Monday 0:R
the week following the issue of the briefs.
245. In appeals from acquittals by Sessions Judges, notice to thej
accusen should be sent t{)the concerned Court from which the appea~
has heen preferred, dIrect for service. The Preliminary 'q,egisiteli
number as well as the Sessions Case number should always 1je
given.
]89/7-.6
, 82
251. 'When the High Court takes up a, calendar for revision suo
motn or admits a, Criminal appeal for hearing, if notice is ordered'
to be .given to the PubYc Prosecutor such nQtice should conta.in 8i
,short note of the reasons or remarks, if any, recorded by the
'Junge for taking up the r.evis-ion.caSe or adn:itting the appeal".
11nless in any case the RegIstrar dIrects otherWIse.
'.
,.
. ,~83
262. In cases where there are more than one accused, if a jail
appeal by one of the accused under Section 420, Criminal Procenure
Cod'e, is pending and a regular appeal is filed by another accused
against the same Judgment under Section 419, Criminal I>rocenure
Code, both appeals shall be posted before the Admission Cour't
t
after \vithdrawing, if necessary, the jail appeal from circulation.
(b) In cases of appeals where records are not printed, six typed
copies shall be prepared. In cases where there are more than one
accused, an additional COpy for each of the other accused shall be
prepared. .
'2G6. (a) In every referellce under Section 3H of the Code of
Crimina,l I>rocedUl'e for confirmation of a sentence of death, tIl
every appeal under Section 417 on a capital charge and in every)'
revision case in which notice has been issued under Section ,l3;) (1)
to the accused to show caUSe a.gainst enhancement of a sentgnce of
imprisonment for life to one of death, the Head clerk, Crimina]
Scdion, will put up for reference of the HonoUl'able .Judges of the
Criminal Bench hearing the cases (1) a copy of the explanation'
furnished by the Court of Session under Hule 315 of tIle Criminal
Hulesof Practice and Circlliar Orders, 1958, with cQPies (rf Jud'ge-
ments submitted under Hule 314 and (2) a copy of an explanation
headed "Note on idelay in the High Court's office" previously
•• al'proved by the Deputy 11egistrar, Appellate Side, on the delay
in the preparation and posting of the cases when there is an interval
of over 60 days between the date of judgment in the Sessions Courf,
and the d'ate on which the case is posted for hearing.
(b) Every explanation furnished under Rule 315wrth Judge-
ments in Sessions Courts will be examined in the Criminal section\
as soon as it is received to see that it contains sufficient details a~'
• to the ca,uses of d/elay and, where the explanation appears to be in-
a,dequate, the orders of the Judge to whom it is submitted for perusal,
8ilould be obtained at once for calling for a more detailed explanation.
(0) In every case in which a sentence of death is passed 01'1
confirmed by the High Court, copies of these explanations shall forml
part of the records forwarded from the Bench Clerks' Department
to the State Government under Rule 246 of the Criminal Rules o~
Practice and Circular Orders, 1958. '
267. (a) Immediately after the memorandum of grounds is,
1'vlateria,z Objects. •
,~7;3, \\Theil :je\vels 01' other valuables are rec"ived as material
objecUl or exhibits in a case, the boxes or packets containing ~hem
must he opened by the Head clerk and the clerk de'aling with
material objects in Criminal section in the presence of the Assistant
HCljlstrnr, Appellate Side, and the contents checkeil \\ ith the iist
teC:6iycd from the lower Oourt. If, on examination, the Assist:.lnt
Registrar discovers any discrepancy, the mat.ter should at once be
brought to the notice of the lower Court for enquiry and explana~ .•
ilion. The valuables will then be sealed up again in II;he presep.ce
of t:-;e Assistant B.egistrar and 9anded over to the Heftd AccQuntant
fo1' "8f(: custodv. ,Vhen the case in which thA valuables ne, I
exllihited is po~ted for hearing, the Head clerk and the Material
Ol)jects clerk in the Criminal section must take c:la,l'ge of the box
or packp,t containing the valuables from the Head Accountant art
tbe ,Jay of hearing for delivery to the Bench Clerk in charge of
the ca~e along with the records. As soon as the hearing is over,
the Bench clerk will return them to the Head clerk, Criminal
sect,ion. If the seals have bc\en broken in COHrt, the valuables
trlust l~e checked once more' with the list and fe-sealed in the
presenCF. of the Assistant Registrar without the lea~t delay. 'l'hey
will then be handed over to tl1e Head Accountaut for safe custod),
till thpy can be despatched to the lower Court.
8'l,
tb~lower Court and to bring any discrepancy at; once Ito the notice.
of thE; Sub-Assistant H'egistrar (Judicial), Packets of material'
objects (marked as :valuables) and received by insured post will be
opel~r:a, examined and sealed in the presence of the Assistant
Ite2isirar.
277. In cases where material objects have not been sent up, II
note will be made in red ink on the outside of the printed papers
sUI'l1ied to the rublic Prosecutor of the material obiects that llave
not been sent up by the lower Court to ~mable the J>l{blicl'rosecutoli ..
to giVe infol1Jllation in time to the Registrar to take out of the,
ruugh Est any cases in which the production -Jf material objects
is. essential. A similar note will he made on the printed pa.pers'll
typed papers supplied to the counsel for the f\CCUS8J.
..
278, The attention of the J\1aterial Object,;; clerk, t'riminaU
sect,ion will be drawn to the Rules 374 and' 375 of the 0riminaE
Rules of Practice and Circular Orders, 1958, regarding the disposab
I~ of Material Objects. Articles of trivial value like sticks. btones,
earth, etc., will be handed over to the Overseer, High Court fOl!
destruction after the expiry of the Appeal time to the Supreme
Court,. Knives, bill hooks, axes and other weapons used for the •
commission of the crime shall be handed over to the Overseer a.fter
the lapse' of the period referred to above, for being sent fo the
Pnblic Works department for disposal while all the fire arms and
ammunitions shall be returned to the lower Courts concerned'.
, 27\]. (a) The Head clerk, Criminal section will submit to the
Deputy Registrar a monthly statement of pendency of materi~~
' ohject,s for the preceding month on or before the 10th of eacll
month showing the following particulars, viz :-- ..
M. O~. pending
at tho
R"ceived during Dispospd * Ponding at
the month, of. the ond of
h"gi 11I1ing, t,he month,
"
______ 0_. _
---------, ----------- -'-
* Of t,he totn I p.'nd,'ney, pendpncy for o\'er 3 months, 6 months aud ovor
a year should be sll c Wll separatel.,'.
(b) In cases where action is possible but are not taken, the
HeaJ clerk, Criminal section will see that steps are If:aken
expeditiously in regard to the disposal of the material objects.
Calendars.
280. Criminal clerks should take special care to fee that aU
the columns of, the calendar statement attached to the Judgmeniisi
of IOWeel'Courts are duly filled in. In calendars of Sessions cases,
the name 'and designation of the committing Magistrates should!
always h8 given. Any calendar statement not duly fIlled in f~hould!
be returned to the lower Courts, for supplying the omission.
281. Whenever a Judgment is received without the statement
COIl taming a description of the prisoners, etc., the Sessions Judge
should be requested to supply the omission.
282. Calendars for perusal will go to the cTudgp-s tlJrou~~h the
• Sub-As'3i~tant Hegistrar (Judicial) .
2&3. (a) Criminal Rules of Practice, No. 31:"5, :'upJircs that an
explanation should be submitted whenever more b:1 i1JlYC wcm1l1s
1
time have elapsed between the apprehension of (J'e a. :11><0£1 rlIJd the
close of the trial in the Sessions Court.
(b) In submitting calendars for the perll<~; (If Hon 'bIe
Judges the assistant to the Head clerk, Crimiml seclion. will draw
.. the -attention of the Honourable .Tudge in charge of the districiJ
to 3 •• )' instance of such a delay hy marking c1l3 oXl1]:mation 2nd
the rckv:mt d'utes in red pencil.
,. (c) Any other delays which have taken place at any stage
Letv,con the apprehension of the accused and the close of trial in
the Sessions Court will also be marked jn red pencil so 3S to
attrad the notice of the Hon'ble Judge perusing the (',alendar.
(d) If the Judges make any remarks' on caJeiHlars, buch
remarks should he brought to the notice of the Depnty negistrar,
Appellat.e Side, through the Suh-Assistant Registrar. Appellate
Slde and if consirlered necessarv to the Registrar as ,vell, 1>efore
\ M:c issue of necessary proceedin'gs to Ithe lower Court.
'284, 'When a Judge perusing the calendar and Judgment in
a Sessions case makes any remarks on the propriety of acquitlt.al
of the accused and directs the office to ascerbin from the Public
Prosecutor whether the State Government intenrl to l,resent an:
appeflJ to the High Court against the order of ac~nittal a copy of
!the Judgment alone shall be sen'!;to ifu.ePublic Prosecutor together
with a letter in the ,following form' . " I am rlireeted to forward
a cupy of Judgment in Sessions Case for examination
an,l ')u"h further action as you consirler. is callen. £01' ill the case."
(P, Dis. 7Mf4.9.)
90
Miscellaneous.
285. After notices are \vl'itten, by the Criminal section they
should be sealed with the seal of the High Court and sent to Curren_
section for despatch. The Current section will affix the despaIeh
,;e;il all the oUice copy of the notices. rrhe Crimin.al section will
then enter tlie dates of issue of notices on the }j.83.
~87. The Judge \"ill pass orders as to whetbe:' the evidence iliJ
to be printed/typed for Court if not furnished by the petitioner
himself. ,
~90. In the R.T. register the date of Judgment ir. the lower
court should invariably be noted in red ink' in tbe rElmarks column.,
Not more than five cases shall be enter",Jin each pagel
df hIe book. High Conrt Form No. 51) should hense<1 only fo]'!
stat-e briefs.
91
Two separate registers shall be maintained:-
(1) To wfttehthe receipt of calendars;
(2\ To watch further correspondence, d' ,my.
POS'l'ING SECTION.
307. (a) Any cases postponed from 'the previous Court day
because of insufficient time for hearing them shall maintain thelli
posit.ion in the next day's cause list unless there are special orderS!
to the l~ontrary.
(h) If in passing orders on a stay petition tJ:t~Court directa
the main case to be posted for hearing on a particular day, sl1chl
caE'e should appear in the cause list of that day after part-heard'
casea, aTldthe Beneh clerks should obtain clear ol'l1ersof the Court
in each case. In other cases where nO particular date is fixed Im~
a case is directed to be posted after a' specified period, it phall be
ailJed to the list at the end of the specified period.
\
•
,96
September 195'1.
ENGLISH REOO:&D.
321. In all cases referred for the decision of. the High Cou.r~
under Section 57 or Section 60 of the Indian Stamp Act (U of
1899) a copy' of the instrument about. which the referece is made
shaH be inelllded in the records of the ca,se lond preserved along
wi~h the Judgment. . .
:;2'2. On being informed by the filing clerks ihn t an appeal
under Clause 15 of the Letters Pateilit or a Civil Miscellaneous
Petition for review of a Judgmenbof the High Cour]; or for lea.ve tQ ,
appeal to tht Supreme Court has been filed, the English Record-
keeper shall make a note of such filing and take steps to see ~hall
the connected records are not destroyed unt'il such Letters Patent
Appeal, Civil Miscellaneous Petition or Suprpme Court Appeal'
is disposed of.
323. In all cases wherein the records are nqt printecl, 1he
certified copies of the Judgments and Decrees or Orders of the lower
Courts filed at the 'time of adrrnission along with such appeals ort
revisIon petitions will not be returned to the praditioners. " I
OOPDSTS.
will fill up columns 19 and 20. When copies are sent by post,.
the Superintendent should fill in columns 16, 17 and 18 and initial
in column 20 as required by instruction 3 in the Register. The!
attender must not make any entries in this register.
(b) Instruction No. 6 to this register must be strictly It
3:t2. In the case of defective applications, Note III (c) t() Rule
128 Copyist Rules at page 135 of the Civil Hules of Practice and!
Circular Orders, Volume I, 1941 edition, must be obeyed. A time
. limit must be fixed in every case.
.a gJ ,~,.c; ~
~..p e
CD
0 Eo; E-l 0 A P:<
(1) (2) (3) (4) (5) (6) (7)
. !. With the Fnglish Record-
keeper.
(a) Decrees, ftC., under
(b)
preparation.
Otht'r Originals.
r
2. 'VVith Vernacular Record.
keeper.
3. With ot~ler Clerks.
103
.'Total
352. Stamp copyists will be eligible for their pay in the time
S0a]\3of pay for a minimum number of words to be copied every
Viouth. 'Besides they will be allowed extra remuneraioion at Euch
tate as !uay be fixed by the Government from time to time.
353. The Assistant Superintendent, Stamp Copy section will
!lee that the section is locked after all the Copyists jt,ave the section
ta(}h day and the Superintend~nt shall also check the same.
•
THANSLNrION AND PRTN'IING DEPAR'TMBN'I'.
354. (a) The Translation and Printing Department is subject
to the general supervision of the Sub-Assistant Begistrar (Judicial)
8.ud the Deputy Hegistrar.
(b) The Manager is responsible for the work of the .1epart--
J).ent heing performed punctually and efficiently. He will refe"
So the Sub-Assistant Registrar (Judicial) for orders any question of
,Oice practice not clearly provided for by the rules or any dl~parturr
from the customary routine of the departinent.
355. Separate file books will be kept- far Appeals, Second
Appeals and Miscellaneous Cases, etc.
356. (a)" A register of apPeals to the Supreme Court from decreeS!
:Lno.orders of the High Court will be maintained in the forr.l pres-
..
'cribed for the purpose.
(b) A register for Supreme Court Petitions will also Ix)
maintained. .
gfji. 8tatement showing the pendency of Translation ~nd
Printing applications with the Billing Clerk tor the week ending
day of l}r
Ponding for moro t,l'an
AppliO&tions. r-----..A.. ~ Hema.rks.
Two One
w'.' oks. mont.h.
(1) (2) (3)
2. After payment'-:""
(a) Awaiting distribution to
translator or copyists
copyist
(b) Uuder translation or
press copy
..
~: After translation-
Awaiting transmission to
Press Copy
Date of payment.
.,;
• ~
S'"
~'"
(1) ('1)
•.. ..,
Ie
<"
0 d
m
.t til '"
S
':;l
Id
,;
• bO
~
m
«l
.8~
0:
"f.
~x5'S
,01
0
~
.., '0-
" "',D ,D
'0 S'
ll) ll)
.Date of payment. ' ..l:l 0- .tJ
~2d ......, .... ce
';a
:;l'
dP;
•
"'8
ll)
•.. 0 0 S0 0-
.., m.., I oj
ll) :;l ~o-'O ,;..:
-Eo
ll)
,D ll) <Ii
..l:l
~
d
P g'~. ~ r.:c •..
~.g ~ El~ •.. 0
gel .~ 'E'"
ce '"
" Z Z
Q
iJ::I ~ < E-i c:q
'"
(1) (2) (3) (4) (0) (6) (7) (8;
Rs.
TRANSLATORS.
Translators are not. on any account to take out of the office any
papers given to them for translation. Any transgressIOn of this,
order will be severely dealt with.
(b) When documents are typed for the press the Examiners
and Headers in the Presl'? Copy Section will draw the attention of
the Press clerks by noting any Indian dates on the docket sheet of
each copy and the Press clerks will enter the corresponding English
dates from the Indian Ephemeris.
388. (a) 'I'lte following points will be borne in mind in the pre-
paration of the record :- '.
The index should not be prolix but should be as brief as is consis-
tent with clearness.
•
(b) There should be a heading (or each part of the imiex, e.g.,
Origmal Suit No. 12 of 19 , District Court, North Arcot. 'Ihi,,;
vall obviate the necessity of repeating {he number of the suit. etc.,
in describing each individual paper. If a "part" of the index
extends over the end of a page, the heading of the "part" should be
repeated at the top of the new page.
•
(c) Documents not filed as well a,S documents which have been
rejected should be excluded from the record. But if the printing
Or typing of any such pa per is specificallv aske::! for, the matter
'S}louia :nvariably be brought to the notice of the Hegistrar for orders.
889. The Head Clerk, Supreme Court section, 'lnd' his assistant",
D(',,'uaint themselves WI:;l the rubs HIl"! oroen WI1Jchbavp t'('('11
IlJllF-t
or mav be framed from time to time rela.ting to the preparation and
despatch of records to the Supreme Court. The Head Clerk will be
primarily responsi.ble for tbe proper working of the section and
will ~E'P thatlhere is no delay' in the rreparatio'l of Hie reco"n.s.
113
189/7-8
114
'. J ./
405. Appeals from the Original Side and 'under special enact-
ments, e.g., Rent Recovery Act, Succession and Probate Acts,
Guardian and Wards Act and Land Acquisition Act, etc., shall be
given preference in preparation over ordinary a.ppeals. In other
cases, the preparation shall be inihe order of payment unless the
Deputy Registrltr, in any special case or class of cases, finds it
neressarv to advance the preparation.
189/'7-8-~
116
408. The fact whether any party has not fully paid will be tested!
as usual with the cause list of eacb day and a report made, if
necessary, to the Registrar to exercise his powers under Rule 14
of Order VIn of the Appellate Side Rules.
Cause Lists.
"
. 418. The printed cause lists of the several Be~ches on the Appel-
late Side will be delivered to the cause list conti actors an their pay-
ing (a tIlE' Accounts Department a. manthly subscription. in advance
i'lt"the rates that may be fixed from time to time far each set before
4-p.m. on the last working day of the previous l)'lo~~h. '
118
419. 'l'l1e printed cause lists intended for the use of the office
should, as soon as they are struck off, be handed over to the peon
at the "par..... .
VERNACULAR RECORD.
420. Every record in a Civil matter, shall on its receipt, be
entered by the Judicial tapal clerk in the distribution register andl
then delivered to the "Vernacular Hecord-keeper who shall initiar
the distribution register in token of receipt against the appropriate ..
entries..
'.'/'
434.'l'he Ohief Court derk must every evening, a.s soon as the
lists are settled, deliver to the Manager, Bench clerks' department,
the records of cases posted for the next day, entered in ,a note-book
maintained for the purpose, and obtain his acknowledgment. in the
iaid note-book. The Manager, Bench clerks' department will be
responsible for the distribution of the records to the Bench clerks
concerned.
122
At the end of the strip which lies OVEH the knot, the following
~,ill be printed :,--
,
SHORTHAND WRITERS' SEOTION.
"
(b) It will be the duty of the circulation
peon Ito go over to
tJie Shorth:h{d- Writers'Section "in the evening of eahl, working
day tv collect arid ensure that draft Judgments! or,lers prepared
by the Shorthand-Writers and intend.ed for circulation to the
Hesidence of Judges are promptly circulated. He will also sign,
the hand-book and see to the propel' circulation of such papers to
the Judges eonc~rned. When papers are received back from the
i'asid'eoces of the Jrtdges, that will'a.lso be 'promptly recorded in. the •
~aid hand-book.
(c) The Overseer, will issue specific and suitable inotructlOns
on the above lines to 'the circulation peon .
z
? ail~(l nU'nbOI.
!! 1 1 ~ Data.
i
II .
I
~
Cour.t
attended.
or reside-rlco'
i
~
Number.
pages.
of sh~rth.nd I.
t ~l ..
~ Duration.
ltrJ1
, is: I:
j I~
. ~
I~ ~. Case numb€ll'. ~ .. :E!.. m
~
.; D~to of .opy apPlicati~n. J .g
I
Number of .horthand
~
~
o. I:Il
o.
~.
o .e pages. ~ . >- g ~
g!.
.~ I ~. po
z
tj
ItJ
~ Case number.
II I~ .
~
~:
~
'I
If I
Number of ,M,t ••• d
~ pages. ~.'
U1
~Numb\)r.
~ pagel.
of
m.,thond o
I trJi !>;
~ Case number. ~:
3 Date ~f judgment.
t~
\I
I
~
.:!3
.Number of
manuscript
typed
pages.
~~I .
or].' ~ l~
I
::s
rn
g.
I I ~ .1 Z' I ~
fl~J
~.
! l
S Case number.
.; Remarks.
•.... Number of typed
I J ..!:: manuscript pages.
or
128
"
From
To
Initia.ls of the Judi_ and date
I hereby oftrtify tl:a,t the charges ola.imed do not @xceed the
ult'actu.Uy incurred and th •.t th. cOluey&noe used W41l
8ip.tllr •• f otaimf\nt.
.I
CODtl.'nt. receifO(i;
Sl,t\dure of.the ela.J.allant.
f.":; Jt
131
(c) lilly member of the staff who charges more for cu.rrjll.
hire than he has actually spent will be very seriously dealt with~
(d) The bill for carriage hire should be submitted ito jhe Rep
trar through the head of the dep3rtment concerned.
(e) The form will be suitably adopted and used when :me)nber!
of the establishment goes to the residence of the Registrar or
other officer or to any other office or place as directed.
468. In cases in which two Judge~ differ on ,any point and refer
the rmitterto a third Judge, the judgment of the third Judge should
be circulated to the differing Judges for their perusal and informa.-
tion.
Judgment drafting. ••
.169. (a) As soon as cases disposed Of are received, from Courts,
by thedigtribution clerk in the Bench clerks' department, he will
before distributing them to the judgment draf~er8 invaria.bly
examine the papers with the index of each caSe and nota with his
initials on the docket sheet of the English bundle that the papers
including Judges' printed papers, autograph judgments, etc., are
'correct. If any paper or papers be miooing he will at once bring
the fact to the noti?e of the Manager.
(b) The Manager will direct steps to be taken for tracing out
the missing papers if :1nyand cause them to be kaced.
Bench Clerks.
471. Eve~y Bench cle,rk shall majn:t:a.ina,: work statement in
,the i~reseribedfol'm. and enter in it, the cases ri)ceived by him in)
the order of receipt. The various columI;ls in the register shall be
filled up properly and completely at every stage. The statement
5hall be submitted tq the Deputy Registrar ~hr~ugh.t,he ~~llJnager!
. every Monday. At the time of ,submission tlJe halance of work
. remaining with the Bench clerk with r~a.80ns for pendency
delay in each case sha.ll be shown sepsrstely. .
or
13S
478. Bench clerks will in turn (Mch for 8>week a.t a time),
,it.y late and check with the posting clerk the proofs of the dally
cause' liSt a,nd see~tha,t the .lists &nd the printed papers 9')'e duly
circulated to tIle Honoumble Judges,'
479, .Whenever an appeal or petition is posted for disrnisaalfor
def.\u]t; or foi' enlargement of time, a brief note showing the dates'
on which the various steps in tlle matter should haye been taken
by the pa,rty concerned and the facts in regard to <any allegation,
against the office, should be prepared by the ooetion concerned for
the informa.tion of the Court, '1'he note should not be circulated .•
.to the Judges but should be ta-ken to Court by the Bench Clerk
snd submitted to the Registrar Or Deputy Registrar, jf present.
,i80, Bench clerks must make themselves thoroughly acquainted
with the reasons for dellay in the posting of oases in their charge
&nd must be a.ble to lexplain 1I1I such delays Itt the tjme Dfthe
he&ring of the clltses.
481. In c&ses in which pa.rties intend to m8>keapplications to
Court personally, the Bench clerks should no~ allow them to be
made in .Court unless either they receive instructions from the
Sub. Assistant Registrar (Judicial), direct.to thst effect, or they
have otherwise satisfied themselves that all the papers cOllIlected
..
with such ltpplications &re in order.
'182, Whenever Itn interim stay is ordered the Bench clerk:
c.oncerned will also put up & red slip in the bundle setting oul
therein the time at which the orders are passed and send the papers
to Bench clerks' department without delay. •
483. All orders as. to posting passed in Court shall be noted
in the Court cause list by the Bench clerk in attendance, who will
alao dnw the speciall a.ttention of the Ma,nager, Trllnslation and
Printing depll.rtiment, to such orders.
481. vVhen the sittings are so arranged that ;1, Hench which:
Sits on the lltst d"y of 11 week is to sit llga.in the following week
but for a different class of cases, the Bench clerk in Court llIt the
end of the day should bring the matter to the notice of the Couril
.r
and asr.ertain whether the Honourltble the udgp.s wish. the balance
(If the work for the da.y to be posted the following week before th.
work fixed for that week. .
lSI
486. Bench clerks shall not remove any book from the Court
library without the written permission of the Sub-Assistant Regis-
kar (Appella.teSide) or Second Assistant Registrar t Origina.l Side buil
writteIJ requisitions for books from the Librarian or from Bench
clerks EIO deputed will check the books in the library. of the
Court's Circular Roc. No. 3941/71, Library, dated 2\)th Octobe~
1971.)
"
487. The Manager, Bench clerks department, will depute a.
Bench Clerk to be in-charge of each Court. rfhe Bench!
clerks 80 deputed will check the books in the 1 bra..y of the
Court assigned to them every Sa,turday .and furnish a certificats
so
.{)f~lfiv'i.ng ) (fone \;0 the offioor concerned who are in-charge of
supervisory work. They will also report to the officers concerned
about the defects, if any, noted for taking prompt action. TJie
•• -check reports, by the officers, sbould be sent to the Registrar every(
'Y.eek (Vide High CoWt's Circular P. Dis. No. 217/69, dated. 15th
';1nnell969). ., ( : , Or,
'.iSH. (11) All the books in the Court library should be kept iI,l)
a1miraht; provided with locks and keys. The almirahs should b~
opened onl:" a few minutes before the Court assembles for the day
and only after ~he Bench clerk who is on duVy COllies to Court.
They should be locked as soon illS the Court rises for lunch or for
the day. During the lunch interval the Bench derk on duty will
entrust ~he Court hall to the duff~dar or peon in-charge. Atth~
end of the day he will see that the almirahs are locked up and he
will hand over the keys for safe custody to the Manager, Benc~
clerks department, or the Manager, Original Side, as the cas~
may be. The next day the Bench clerk attending the pll.rticular
Court will t&ke the keys from the Manager. "(Vide "Iso mgbl
Court's Circular Roc: No. 394/71, Libra.ry, dated 29th Ocoobe~
1971.)
138
(b) The Bench clerks will every week check the books in the,
Court library. 'rhey should also check every morning and at the
end of the day the books on the Judge" stable. .
4~1. All n~w books will be entered! in the lists by the Assistanl
librarian.
492. Bench Clerks shall see that all books and papers a.re ••
correctly sent to the Judg.es' chambers or residences.
. ";4\:)7. Bench clerks must enter in the cause h9.~ the how.' ai\
which each case begips and ends.
'.'/498. When any Civil Miscellaneous Petition posted with aIli
\l<ppealis not moved by the practitioner concerned, the Bench
clerk in charge of the case should put it up for the orders of the
Bench.
4119. Bench clerks will communicate to the Manager, Transla-
tion and Printing Department all urgent orders regarding transla-
!atloH and printing/typing passed in Court by means of a beparatit\,
slip noting therein the numbars of the main case and thenature.w ili~
main case and the nature of the order for immediate aclionbeing
taken by the. concerned clerks in the translation' and printing
department ..
500. Whenever the Honourable Judges pass any 'remarks or
scriptures against the Judicial Officers while reversing or upholding
the l1ecisionof the lower Court they will be entered in the remarks
register in the Bench clerks' department and if specifically ordered
EO by the Honourable Judges, a copy of the judgment sha.ll be sent
to Administrative department for further adtion.
501. The practice of altering or permitting the ..iltcratio\l of any
portion of the pleadings or of any paper after the same has heen
tiled into Court or any order, is irregular and contrary to rules,
un leBS the correction is carried out under the express order!" of the
• Judge or the Registrar. In case of any doubt, the Bench clerks,
concerned should take the orders of the immediate superior g,azetteo
officer. '
,. ;'5()<2: When any' j~dgmentis reviewed, the BenchCierk C''ll-
.cemed must bring ,the fact to the notice of Ithe indexer who will
..l!i~j~~.
~ no}e of ~t,on.the L~~ ~epor't~r's copy of the jud~ent S~
tbst the Judge grantmg permIssIOn JJ.1aybe made ~ware of It .
Decree drafting.
505. Decrees and orders must be drawn up. with oare. Th~.
relief granted must be set out with due precision and accuracy.
'rhe. forms prescribed by the Code of Civil Procedure must be
&trictly adhered to with only such vari!atioris as may be necess~ry:
ill the circumstances of the C'\se. The decree must be self-con'-
tained and references to the plaint schedule or documents outside
the decreG must be avoided. It must he cle:lr and fJ'l'E' from
a,mbiguity.
, ii13. In cases whe~e time is given for f~rnishing security the time
will run from the'da.te of tlie order of the High Court unless other-
wise ordered. The lower Court must be asked to If-port if security
has been 'furnished in all cases where the appellant is a.sked to
furnish security for costs.
514. Section 77 of the Indian Registration Act requires that if
decree is made directing the registration of a document, whose
registration has been refused, the document ha.s to h~
again presented for registration" within thirty days of the date ()/'
the deeree ". Bench Clerks should therefore dliaw up and other--
wise complete such decrees without any delay so that the party
concerned may he eilabled to obtain a copy of the decree in time
for production before the registering officer with the document
sought to be registered. .
fi23. '1'he value of the stamps used for the attested ccpiea or
,decrees, produced by appellants, is to be included in the costa 111
appeals, where the decree is in the appellant's favour.
524 (a) Under Rule 30 of the rules relating to the feed payable
to legal practitioners, fees shall not be entered as recoverable in a
.decree or orde'1'except on proilnction of a certificate from the legal
pmctitioner that he has received such fees.
Taxation references.
525. In all cases which are referred to the Deputy Hegistll<lJr£01
fixing Advocate's fees, the sec1;ion and sub-section of the rules
.fra,med by th~ High Court under the Legal Practitioners' Act, and
•
'Undet which the reference is made shall invariably be quoted by~~e
Bench clerk concertl.ed, in 'the reference. ..•
526. When a refund is ordered of the excess Court fee paid i~
(lases filed in the High Court, the Bench clerk who issues the
certificate for the refund of the excess Court fee will note and!
initial the fact of the refund' in the dOcket sheet and the memo-
randum of the English bundle in the case. ••
Criminal Cases. •
527 .. (a) The preamble in.the draft judgmen~ of the High Conn
in Criminal appeals shan be as follows :......•
"Appeal against the order of the Additional Assistant
Seul,ions Judge of the Court of Session .. ~ DiviSIOn in Case
No. of the Cale~dar for 19 "
(1.» Whep.evel' the word ". Sessions . Judge I, occurs in tlie
judgment of their Lordships the words " Additional Sessions Jndge
OT Assistant Sessions Judge" may be substituted in appropriate
places.
,t
143
of'Olie or more'is disposed of on one day and the rest on other days-
As many oertificate8 as there are different dates of disposa.l lind
sepa,rate orders of disposal.
(d) A number of revision petitions arising from. single'
calelldar case but in respect of 'which several appeals were preferred
to the lower Appellate Court including revisions froID, orders of
discharge-Same in (0) supra.
(e) (i) Applica,tions for bail, etc.,' separately or jointly
ftled(bilt riot interlocutory) disposed of on ,the itUIl8 day bya
common or separa.te order-One certificate.
.•.
(ii) Applications as in item 1 supra. by the same or:
different accused persons repeated or pr:eferred by separate a.pplica-
tion!! and disposed of on different dates-As many certificates a.s
there are separate dates of disposal and separate orders.
:>:.35.
Every month a: Bench Clerk will be deputed to thel . ,
1811'7-10-A
148
Receiving.
542. The papers reoeived at the Diary will be immediatlv
stamped with date, and initialled by the Diary clerk, numbered bv
,the numbering machine and then entered in the Diary Register,
Juphcate numbers being given therein simultaneously. If any'
alterations are made in the Diary Register, the Second AlSistan~
Hegistrar's initials will be obtained. The Seeond Assistant
Registrar will initial the Diary Regi'ster at the end of each day.
548. The Di~ry Clerk sha.ll, after enterilli in the Diary Rea-iater
the papers received, distribute them (requirinR scrutiny) to the
eonc,erned clerks who Bhall scrutinize whether they are ill order and:
,end tham back to the Diary after making a.t the lower end corner
"In order; may be filed" a.nd initialling the same. The Diary
Clerk shall then only put the seal "Filed" and enter the dat.e of
filing in the register against each paper.
549. The Hecord-keepel' shall see that ,all papers bear th~ seal
., Filed " befera they &I'e indexed and kept in the respective 8uit
bundles.
• 550. Anv proceeding presented in time but returned for rectifi-
cation of de-fects will not be filed when representea out of the time
allowed by the suit summons, rules Or orders of Court without an
order of Court or the :i\Iaster excusing the delay or extending the
time on an [tpplication presented for the purpose.
55l~When a plaint, petition, or a Judge's or Master's summons
presented to the High Court is not signed by the AJwcate or
• Attorney on record, the same should not be fi.led but must be
T,eturned for representation with the signature of the Advocate o~
_\ttorney on record.' During the absen.ce of practitioners on recorll
from IVItadras, juniors regularly attached to the office of the prf.\.C-
•
titioner on record may be permitted by the Second Assi8t,ant
'Registrar to sign them.
III.
151
r .
unless the name of some other Advocate or Attorney appears in the,
Register already for the same party in which case he will return the
vakala.th and memorMldum of appearance and endorse on &b.
vakalath "Registered •• and send *e prr.per&iQ the E.ecord-keei*
through the l)osting Clerk _
561. 'rile plaints and petitions shall be entered in the respective
registers without any deby.. After that, the Registering d~rk shall
send the plaint to the Sum:mons Clerk who, after getting the
summons issued by the Bench Clerk sha.ll Bend the'summone tQ
the Deputy Sheriff or the Correspondence Clerk as the case lllay he
and the Plaint to the Hecord-keeper.
u62. Decrees and orders after approval by the officers shall be'
sent by the Senior Decree Clerk to the Registering Clerk who will
immediately register and return the same to the Hecord through
the posting section. The RtBcord-keeper will see that -all decrees
,and orders received into the Record have been registered.
563. The petition. filed by mortgagor to deposit in Court tllt'
a~ount due on his mortgage under Order XXXVII, Rule 9 of the
Original Side Rules shall be entered in the Register of P~titions and
given a number before it is posted for orders.
564. A Register will be maintained by the Registering Clerk on
the lines of the Suit Register wherein 'shouldbe entered Original
petithms other than testamentary ,under the following heads :-
Ordara made with
Date of filing. Relief BOught. datesllnddetaill!.
575. The post-ing clerk and the Court clerk should go throgh
the minute books, every evening after the Courts have risen, note
the ..~1irection8 contained therein relating to posting and records
respectively and initial the .books in token of their havmg seeri them.
576. The posting clerk and the summons clerk will see whether
the Sheriff's office has noted in the retu!:D of summonses the time
when the Bai.liff attempted to serve them on the defendants .
• 577. Under items 1'2 of Appendix II, High Court Fees Rules. a
separate fee of Rs. 3 shall be payable also on an application fOD. .
transmission again of an unser.ved Bummons, not,ice or process.
b79. A aud II Diary (Old C.M. 47) will be prepared 'and put up
in each tluit Or O,P. 'fhe first tWo columns " Plllint presented"
and "Pla.int field" will be entered up by the registering clerk, the
next four columns by the assistant posting clerk and the other
cvlull1ns by the Bench clerks. The details regarding &'l'plication
.in suit or O.P. will be entered by the chamber posting and the
Bench clerks.
584. "(a) The rough list of cases for the seittlemen1) of issues and
of cases on the undefended Board should be made ready by the
Posting Clerk at least three nays previous to their pORting and a
copy should be handed to the Record-keeper for being given to .the
concerned Court Clerk to enable him to pick up the cases necess&ry
for posting.
(b) Immedia.tof'ly the rough lii'ltflare put up a copy of the same
will be sent to the Bench Clerks who will endeavour tD ascertain
from the practitioners the time tha,t each case in the list is likely td
take and send the information to the Posting Clerk. .
155
(C) The Posting Ulerk will send daily to the respective Court
Clerks by 1 p.m. a. copy of the rough list to enable him to collect.
the p1eRC1ingsand p<ipers for circulatlOll to the Honourable ,I uuge;;,
In ea.se the Court Clerks are unable to find the papers jn any
particular qase, they should report the ma,tter to the Manager and
the. Record-keeper and under directions of the Manager, the,
Posting Clerk will take the orders of the First Assistant, Registrar
at the time of the settlement of the list for the removal of the caBe
• from the list.
.. 585. All cases on the Original Side will be placed in the list in
the order of date. Cases coming into the list for the first time will
not be.placed.a~ove those already in he daily list.
586. 'fhe order with regard to cases taking their place in the
order of date will not affect (1) M3trimonial cases, ('2) Short Causes,
(3) Commercial cases, (4) cases specially fixed, (5) undefended suits.
and reports by the Official Referee i.n cases referred to him by the
Hon'hle the Judge. These cases will be placed in the daily listJ
" when they are ready for trial, or where a date has he en spe~if\ll~T
fixed, op. tha,t date,.Vilhen cases are settled out of Court the
Advocates for the plaintiffs will give notice of settlement to the
• First Assistant Registrar, Original Side, and they will he placed in
the list forthwith for d~sposal.
58H. 'l'he Cbamber Posting Clerk will note in red ink on thei
top of the Judge's Summons whether the Party ta.king ont the
application has not served any ap.d, if so, which of the parties,
\vhenever nohces to any of them ha.s not been taken out. 'l'hisll:l •
necessary to draw the attention of the J:udge disposing of. thl:lee
applications, before any oTders lare made, that all the parties are not
befote the Court.
5DO. All Judge's Summons except those for leave to sue, arrest
and attachment before judgment and directions to ~r 'by the
Administrator-General and applications under Rute ,90 of Order
XXI of the Code of Civil Procedure shall in accordance with
Order XIV, Rule 13 of the Origin~ Side Rules, be i:lsucd and posted
before the Master in the first instance.'
•
591. Work will be posted before the Master as follows:
Monday.-Original Side Work.
Tuesda,y.-Original Side and Appellate Side Work.
Wednesda.y.-Original Side a.nd. Company Work.
Thursday.-Original Side ':Vork and Insolvency ':Vork.
Friday.-Original Side Work. •
Saturda.y.-Originllol Side Work.
r592, ClIosesentered iIi the dafault list under Order VIt Rule 8
of the Original Side Rules and put up on the Notice Board, will
not be posted for dismissal. But, orders of dismissal will be drl\wn
up and signed by the Second A86istant R.egistrarand a .list of caseR
~o dismissed will be put up on the N otiee Board on the d.y of
dieiniss&l for the information of the praotitioners concerned.
167
n. 1. Lea.ve to execute.
2. Wa.rrant of arrest.
3. Warrant of attachment of moveblea
and immovables. •
4. Fresh summone.
5. Fresh summOD&by substituted Ierne. ••
6. Change of. Attorney.
7. Appointment of gua.rdian ad lite.,..'
8. Bringing on record iegal repre-
sentatives of the plaintiff and
defendant.
9. Payment of money into COurti.
10. Probate to iS9ueto executor by
.impli~~tion.
11. Leave to search and apply for copie •.
12. Review of ta.xa.tion.
13. Reserve price reduced .
.14. Leave to bid and set off.
15. RevocBition of vakalath.
16 .. Directions for posting 01 CMIM
for final disposal.
169
I
(
i •
portion has been copied and the Copy Complying Clerk will also
YCl'ify this before issue,
I
!
should after reciting that the compromise set out in the .8chedule
refers to not only the, subject matter of the suit but also to certain
properties extraneou;; to it, in the operative portion, deal only with
the' subject matter of the suit which will be clearly and fully
described as is done in the p1a.int schedule or schedules. The com-
promise itself shou:ld bE' introduced as a schedule to the decree.
i
160
601. III all orders and decrees and in all proceedings in caseB
removed to the High, Court from the moffussil Oourts for trial anll
determination under Clause XIli of the Letters Patent the heading
should be I IExtraordinary Original Civil Jurisdiction" and not
"Ordinary Original Civil Jurisdiction".
602. Unless otherwise ordered, "costs of defendants" win
mean one set of costs for all defendants.
,
,1
:ordl,r or decree. Any delay in filing the certificate will
brou:.jht to the notlce of the Second Assistant Regv;;trar
the ';\1anager.
al80 he
through
.
(e) When a Judge's or Master's Sunim\>'.18ia taken out for
the payment of money out of a fund in Court, the Judge's ,lr
?11aster's Summons, as the case may be should ~et out the purpose
for which payment out is sought. A reference to the reasons
set out in the affidavit will not be enough. Bench Clerks fhould
see that this is complied with before they sign arid iSf:'uethem.
',~
.. 606. Where investment of funds is ordered by Court, unless
there IS a specific direction to the effect that the ~arty or anybodYI
else should move in the matter, a copy of the order should be.
sent i)Y the Senior Decree Clerk to the Head Accountant as soon
as the draft order is' approved. The Head Aecountant shall
Jinti1l1ateto the Original Side ofiice, his receipt of the copy of th0
:order and also what steps have been taken by him regarding the.
investment of the funds. A register shall also be ruaintained by
, the Senior Decree Clerk in which shall be noted the orders direct-
ing investment of funds. '1'he registers shan he 3ent once a month
to the Head Accountant VdlOshall return it after nding the action
taken in respect of eDch of the orders entered in the register. If.
within a month the Register is not returned to the Original Side
office, the Senior Decree Clerk shall place the matter for orders
before the First Assistant Registrar.
(jell. In petitions under the Guardians a,nd Wards A ct, if
,. security is not furnished within the tim~ given by the order or, if
any ijxtension 11asbeen granted, within that Lime, the Chamber
I'o~ting Clerk should, after obtaining the orders of the officers
!Concerned post the petlt10n in Court. The Semur Decree Clerk
should see that the order i;; COlllill1unicatedto the Chamber Posting:
Clerk
GUS. The security bond filed in these cages should be sent,
hv the Diarv Clerk to the Registering Clerk who. after 'loting it
j~~ the Petition Register, shall send it on to the Chamber Posting
Clerk and the fact whether the security bond was filed or noll
should in each case be brought to the :o.oticeof the ~econd Assistant;'
Registrar'. The draft order nmy be sent to the Second Assistant
Registrar who tests the sernrity re<luired to he furnished.
lRO/7 --Il
162
Taxaiion.
'f)2'7. Vonchers for taxing bills shall be received by tIle "Diary
Clerk and forwarded by him to the taxing clerk.
1M
'3:2". 1'ho taxed bill of costs should be sent to the, Diary Clerk
:u c~ filedand. sent to tIle Hocord-keeper who will get. it indexed
and kept in the respective bundles.
Bench Clerks.
G30. Bencll Clerks sllOuld stud')' the cases posted in Courts
beforo ]1:111(1 and see that the bundles are cOln.plete and that the
nec(,s8:;1'Ypapers and documents are aya,ilable.
Gal. They are responsible for the records ill Court. '"\ThEn
any matter is dispo~cc1of, the Dench Clerks in Court should imme-
diately separate tIle pleadings from the documents [md sena 'the
pleadings witl] the order of Court thereon and the records separately
i.n tl Ie Court elerks in the Record and get the illiti:l!s tlf the con-
Demed derk far the receipt of the records in '1 book kept for the
pUlp()~e, 'l'he Court clerk concerned shall immediately ('beck the
..
pleauing;:; circulated to and returned by t.he .Judge and if any paper
has !lOt.heen rccei\"ecl from the Bench Clerk he shnll at oncl'u'port
to the :\bmager.
r,'1()~ Tn c~.,,!ps\\'here
consent orders or decrees are p'~sse? 'OJ
As regards (ii) the Bendl Clerks will see that the copies they
f'igr. ',Ire carefully made and in cases where copies are carelessly1
madl" 01' contain a. number of corrections or are prepared in <l tf'
[Wj. 'They shall, hefore the ,york of the '~oLlrt. begins, check
the rlearlings received from the residence of the Judges and the
hnnJles delivered by the Court clerks in Court and sign the b~~l)k
ma,intained hy the Court clerks in token of their haYing [,aken
char;.:e of the records in the cases in the Jist. As cases are
disposer] (1f they shall at, the end of the day accnmpany the records
to the R"ecord room and return the papers, Exhibits. etc. (other
than those taken by the shorthand-writ~\l's)" to the respectiye
Court clerks ill1d ohtnin tl,eir signatnre in tllP hook maintailwd
for thF pnrpose. They shall make a note in that hook as to th~
papers with the shorthand-writers. Both;vhen taking and
h:Jl](1ing over charge, Bench clerks ;lnd Court derks mnst s:.tisfv
tJll'msr:lvrs that the recorils Are complete :"lnd thev ":ill not he
.1'e:lrd to say that they took it for granted that all +l,e napers were
in bllTlc11es a,nd were in order.
169
6"*7. 13enGh derks who get books trom another Coun tOt"
-reference in any _case shall return them to the Court from which
they were got immediately after the reference is over.
G40. Bendl clerks will bring to the noliGe ot the Deputy
Registrar any casea of inordinate delay by the Librarian in eomply-
jug with requisitions Jar books .
., (j.t\). \Vlwl"e the 1-k]}Gll derks feel reasonable Joullt as to the
;nppli:.:ability of tbe rule or section quoted:]) ,LIIinrerloGutory
;.appliC:;ltion, they should take the orders of the First As~istan~
n".'gi"trar bef.Jre issuing the applic.ltion.
(j.30. l3el1Gh clerks should see that at the time of issun Llw
,Judge's Sumrrnons or' Master's Summons is so wordei that an
jnleiligent and correct order can he d'ra'vvn up; for instance, \I here
'an application is made to continue a suit by or against the Official
Assignee the number of the petition and the date of adjudication
shnnl(l be siated. Similarly where applications are made" ta'
bring on record the legal representatives of a, deceased defendant I'
it shoulc1 he asc:ertained whether the suit is pending and if llot,
'the application should' not be to make the legal representatives,
parties, but for leave to execute by or againiOt the legal
~:repreBentatives.
(ji)1. Bench clerks should note neath ann legihlv Oll the cause
listfi tIll' result of each case simultaneously noting ii'in the Minute
l~ook and duly initialling them. '
(j;:J;'), Till' l;l'llcll Clerk;; attendillg: the Courb "llould see that as
Soon :1-; 'H'del'S an.: P!'Ollouucet1 the eonnedcd .vapers. arc seut to
till' F"'liI'll !'OOIII forthwith and tllt' Hl'corll clerks sllould chEck
llh'lll lllllllt'di:ltl'1,\' and send tlWlll on to theUrafting bection. Any
1':qJl'rs !))".'SI'llll'd ill ('ourt in tiiOSl' 1.'<l"l'Sawl sellt to the Diary
l'ilTk should 1)(' filed ill1ll11,diatl\l,. and llimdl'd ,InT to till' l\ecord
l'll'l'k ',vithollt an,\' dl'Ja~' ,dlUtev~r.
fiG!. '1118 C\wlIl!)('r Posting clerk should al.~o ycrity heflJfl' ;'lJ
Juclc;()'~ 8WI!lllOllS ap[Jecl:ing against the :\Iaster's order is postee
fOl' i:p;, 'qg that till' applicatioll of hotll thc AppdLmt ~lnd HespoD.- ...
d,'n:, jf :ln~, for ('opy of thp order appealed a~~ainst !las been
('Olllpii,.,J \\'itll :lml ill casp citlH'I' party has llOt appiil'c1 for a copy,
a 110tc ill l'I'llCil to that effpct will hi' lllad(, in some prolllill<'llt,
pari of the dockct "heeL
(i58. l':xhihits al1l1littec1 Jl] eyi(lence shall hc' In:lrkeG as
fn1~ws :-.-
i'!:,intit1"s Exhihiis,~'P-1, 1)-2, P-3, etC.
j),'i'l'll(h1lt's Ex1lihits,-D-1. D-2, D-3, etc.
,', "lit Exhihits.-C'-l, C-2, 0-3, etc.
Third Party Exhibits.-X-l, X-2, X"3, etc.
Side
GGl. The Hecenl-keeper will be held responsible for all the
l(egistcls nwintained in the Hecord Section. 'l'h8 J"'gisters will bE-~
tlll'cked ;,~. the l\Tallager once a month.
fi62. TJIl" Heeol'd-keqJl'r is l'espo]]sible for secir,;~ that all 1h6
pll;,dings :!l'e c.ircLl1atL"dto the J'esidences of thp. Judges by tIle
respective Court Clerks and that the other papers in those 'c''tseSl
31',' I cady for being sen t to Con1'[s the next day. He will check
them before handing them to the Circulation Peons. lie will also
see that the papers are sent to Comt in time to the Bench clerks
to check them. He will see that the Record Room is not kl')pll
ope]) hcyon(l sneh timl' ;1", is ahsolntely necessary for finishing the
1"01'\ for the day .
"
172
'"cO
Proeeeding. takon. taken out.
.0 '" <D
~.~ ..,'"~ "'..,
..,'" 8
oM <e •••• al •••
~ A A ~'"
'(I) (2) . (3) (4) (5) (6) (7)
(j(j~.When papers are being returned, the date (if return s1la11
he entered by the Assistant Hecord-keeper in the proper colUIIlIl:
of the register and he will check the paper returned and, if ,in
onkr, cancel the slip and hand it back to the clerk. '1'he pa}JerJ
retnl'necl to the Hecol'd room shall be immediate-ly given to the
,A ttend'er-in-charge, for the purpose of being put back in their!
respeative bundles or files, and the initials of the attender taken]
ill the register.
674. The Posting clerk will send to the CO,urt derks a, c')PJ.'
of the daily cause list, noted with the orders Vasi;l0d tl1a.t da~.
015. A register will be maintained-simila.( 19 the' one main-,
tained for documents sent to moifussil Courts-i,n 'which the records
tila t go out of the office will be entered.
07(i. (a) For all papers sent to the Judges £r:oIJ;lthe :t{ecord fl!,
. circulation register will be mairitairied by the COllit clerks andJ
the r::hamber Court clerk with the following :}olull1P.s:-
(1) the date on which they are sent,
;0
Duties oj Attende'l's.
G8l. (a) The attenders employed in the record: will be in charge
of the records of the particular years assigned to them by the
Second ASeistant HegiS'tral'. They will be held responsible for the
LOmpleteness of the record of the cases in their charge. 'rhey
should get the papers relating to thB cases in their charge indexed
by the clerks and keep them in the proper or~~J,in the hundles. It
WIll be the partICular duty of tbe attender to'secc that no paper lfi
t.akelJ out of a bundle without a record slip signed by the clerk ..
concemed including clerks in the record room. "Vhen any pape,'
is taken out of a bundle, the Attender-in-charge will pin the slip
signed by the Clerk to the index sheet. 'VVhen papers are returned,
he should' immediately replace them in the proper place and ordet
ancl hand back the record voucher to the Assistant Record-keeper,
for being ca,ncelled and! returned to the clerk concernell after making
the necessary entries in .the Becord Issue Register.
(b) Serious notice will be t.aken of neglect, 0]' carelessness in
bis (:nties on the part of any att.ender. The attend,31'S will work
under the immediate supervision and ardors of the Ttecord-keeper.
(c) One of ihe attenders named will help the Probate Clerk
in picking ant papers, e'tc., whenever required.
INTERPRE~'RRS .
locked. The rooms will be duly secured \vhen the oLl'tceis closed
and t1le keys delivered by the peon to the Overseer In ;1 sealed:cover.
The Senior Interpreter will be held responsible for the safety of aU
original records as long as they are in. his department; and ,when i~
is necessary to entrust the original records to the Clerks in the
ctnce, he will personally see to the delivery thereof in the mornin~
and the collection thereof in the evening, and that they are secured
I in the almira-hs and boxes and do not remain in the custody of the •
Clerks. .
683. Original records which are sent between the Interpreter~
and the Record rooms will be enclosed in a locked box.
684. :No person shall be aHowed to enter the Interpreters' room
for any purpose other than the expla,nation of documents and the'
verification or' affirmation thereof. Applications £OJ!, the translation
'Of documents must specify the portions which it is desired, should
be translated by' reference to page and line and if lwc.:essaryto words
at the commencement and end of each portion.
685. The certificate of explanation attached to pleadings 811;111
stridly conform to Form No. 8 in the Original Side Rules \\ith
the necessary modifications for documents required to be verified. ,
GS(j, The address of tpe parties by whom. Court fees are payable
to Government will be furnished to the Govenmwnt ""leader in an.
1'aup!:r Suits.
687. The age of minor parties should be stated III al~
proceedings.
688. \iVhen the ca,use title is amended the numbel'S of the
parties should not be altered. A party added should be desigW1ted
by a new number, Address and description should be a,dded hy
amendment in the body of the plaint.
I
\
689. When the party desires to alllend his sch~dule in accord-
ance, with the Order of Court, the amendment should. be made in
the presence of the R'ecmd-keeper and the amended schedule shouB
be re-sworn by", tbe party before the Commissioner (In~'el'preter).
.
(b) After ord('r" are passed, the drafts of the onlers will he-"
prepared by the de]'].;,,;cuncerned, except in the ca::;(' of taxation
matters which wiil be prepared in the J'~xecution :;ection.
(jUl. All Mastel" s Summonses for cllange of Practitioners shall,
befure being posted before the Master for orders, be sent hy the:
Chamber rosting clcrks to the Senior Diary clerk fo~-scrutiny ail.
to whether the l)raetitioner alrear1y on record is in arrears of any"
fees due to the High Court. If the re3f'On for the chan~r song-ht
for is obviously the arrears owed by the previous Practitioner, this..
fact should be noted and brought to the notice of the Master.
Cause L1:stS.
60'2. 'rhe printed cause list of several Benches on tlw Original
Side will be delivered to the Cause List Contractors by the :Foremanli•
Government Branch Press, High Court "Buildings only on theil~.
paying to the Head Accountant the 1110nthly suhscription, in
advance, before 4 p.m. on the last working day of the previous,
month.
693. The printed cause lists intended for tllC usc of the OffIce"
should as soon as they are struck off be handed over to the peon at
the " para ". ~. I
Copies of Jtdgments, Decree and Orders on Oriyiiwl Side Appeals.
694. (a) Copies of judgments, decroos and orders in Original
Side appeals received! from the Appellate Side will lJe Rcrutinized
carefully and the results noted by Registering and T'asting Clerks
in their registers and the fact noted und'er their initials on the copiel:'i,
themselves before they ar.e sent to and filed in the records: they
should also be sent to the Senior Decree clerk for perusCll. These
Clerks should not detain the papers unnecessarily. The Record-
keeper will satisfy himself before they are filled in the records, that
they have been seen by the RegiRtering, Posting and Senior Decree.
Clerks.
J.77
700. In cases where the rights under a security bond lue 1rans-
ferred to a party the security bond will be handed over with a
;;eparate deed assigning the hand in favour of the party.
70'1. '1'he Official Referee can call for any paper froIn: the
Original Side Office for his reference.
70'2. When payment of Commisf?iollin respect of any sale is
received by the Official Referee, he will. purchase Court fee
stamps with the amount and send them, after due cancellation, to
the Assistant Registrar, Original Side through the Headi
Accountant who shall check the stamps, make an endorsement on;
the couhterfoil of the cheque relating to the C.ommission to the
e1fect that stamps have been purchased for the amount and. obtain
the Registrar's initia.ls.
703. A Register showing the amounts of tbe Commission due in
respect of the Sales held by the Official Ref~ree, the dates of the
orders for their payment and the dates of the deposit of the stamp~
will be maintained in the office of the Original Side hythe recon1
staffiand it will he sent to the Official Referee and the First
ASBj~\.anii Registrar once every month for bei.ng checked. 'The
several columns should be filled in a,s required in the Register.
• • ~t ~
179
INSOLVENCY OFFICE.
'I 70,:1, (a), ~'he Manager (in the category of Bench Clerks),',' will
suberyjse arid e~m(trolthe work of the Section and is responsil:lle for
the work b~iilg performed' efficiently. .;
I (b) 'fhe Insolvency Petition, Application and other Registers
sh'ouid be clH~ckedregula,r1yby 'the Manager' at leastorice it 'nionth.
lIe should see that disposals are properly entered in the Applica-
tion Hegisters and that cases not disposed of in a reasonable time
9.re brought to the notice of the Officers concerned.
705. The Diary Clerk will adopt and follow the instructions
given to the Diary Clerk on Ithe Original Side.
70&. Insolvency Petitions admitted will be entered III the
Insolvency Petition Number Register.
707. Members in charge of registers should see that all the
columns in the registers in their charge a,re duly and properly filled
up.
708. (a) Insolvency Petition Register shoula have its page&
serially numbered in print. Insertion of fly leaves should be
•. avoided and when the page is exhausted the entries should be carried
over to the next available blank page.
(b) 'fhis Register should be properly maintained and form II
Gomplete record of the case., Gist of orders in applications together
'with the numbers of the application should be entered in the
register.
709. At the beginning of each year all the applications pending
at the end~of the previous year should be carried forward to a new
~egister. As soon as an application is dispos1edof, the date of
disposal should be entered in the application register.
71.0. The register of return of documents should be kept in the
form of Civil Register No. 24 and the exact pendency of
applica,tions should appea,r from the register.
711. The posting Clerk and the record clerk should go through
t.he minute, book every day after the Courts have risen. note 1,he
directions contained therein relating to posting and recoruls respec-
tively and initial the books in token of their having seen them.
,
18C
.•' 714. The Judge's list for Mondays will be settled on the
preceding Friday at 11-30 a.m. by the First Assistant Uegistrar.
'1'he Posting clerk will put up a. notice of such settling of the list
on the' previous day for information to the Practitioners: and the
Official Assignee.
715. The Clerk in charge of the Deflmlt Hegister should give to
thb Posting clerk, from ttime to time, a list of cases in which default
hag been made and the Posting Clerk should' see that all cases of
default are P9sted, from time to time, far orders of Court.
716. (a) '1'0 avoid errors in the monthly statement of work done
by the Mastel', it is necessary that the Posting clerk should main-
tain a separat-e regiswr far all application!?, petitions, etc., "[.:osted
before the Master in the following form:-
Number of . Dat,e of Fit'st Adjournment, Date of
"pplic:lt,ion. filing. posting. if any. disposal.
(l) (2) (3) (4) (5)
181
(b) TJ,le Register will be sent to the Masier every month and
tLe e.tries in the Register will be brought up to Jate before sub'-
mission to the Master.
717. '1.'he Posting Clerk will maintain only one Application
Hegister entering all Judge's Summonses and Master's..summcDses
giving one series of numbers for all applications. J;'or purposes of
preparing the statement the applications before the Judge and
Master will bear distinguishing marks in the Application Register.
718. The Posting clerk should see that the list of pending
Insolvency mattersl and the list of cases pending Public Examina-
tion a,re brought up to date during the Christmas and Summev
Vacations.
719. The Posting clerk will be responsible for the circulation
of papers to the Judge and shall also check all the papers received!
back from theJ udge after circulation and after orders are made.
. .
1720. The drafting clerk will follow the instructions given to the
drafting clerks on the Original Side in drawing up decrees and
ordp-rs.
721. No application for payment of unclaimed dividend deposited
with the Registrar shall be issued without obtaining an endorse-
ment from the Office of the Official Assignee as to the actual statel
of funds.
722. (a) The drafting clerk will vouch all execution petjtions,
Mastcr Summonses, and Judge's Summonses.
(b) He will also, while vouching applications see that the'
names of the applicants and respondents are mentioned in the cause
title and return them if they are not so mentioned.
(0) When defective applications are returned for rectificationp
a time should be fixed for compliance considering the nature of the
defects. If the application is not represented within the time fixed
it should be rejected. In any event the time fixed forrepreBenta~
tion should on no account exceed the time within which the
proceeding had to be filed undler the rules or a.n arder Qf COur't.
723. (a) In all cases where the Official Assignee a.pplies for
\Va.rrants to be issued under Section 36 of the Presidency Towns
Insolvency Act, the Office of the Official Assignee shall be requirec:1
to furnish all pa,rticulars about the witness to be arrested namely,
182
9/1,9-2, etc.
726. (a) Left top corner of the docket is the normal Flace for
general'iirdex number a:nd no other serial number, e.g., numbers
of the applications for copies or for return of documents should be
marked there. They may be noted below the cauSe title to avoid
confusion in picking up the papers refered to in the genera.l index
of records.
(b) P~titions ml1morand'3 should a,lso be indexed. No paper
should be cjr~ulated without being indexed.
727. Tne Copy Comp1ying clerk will follow the instruction~
relating to the gra,nt of copies on tIle Oi'iginal Side.
183
7:2.t:>. (aj '1'he 11,ecord clerk will generally follow the lIlstructioDS
given to the Record-k,eeper of the Original Side and the attender
will work under his directions.
(b) The Hecord clerk will maintain a Record l~eceipt and a
Record Issue Register. '
(0) A separate Register need not be :Kept for records sent tQ
the Official Assignee. '1'he entries relat.ing to such records should
be made in the Record Issue Register.
Cd) The Becord Clerk should see tha,t all papers bear the seal
" Piled" before they are' indexed and kept in the respective
bund'les.
729. Records from other Courts which are produced in 'the High
Court should not be retained here beyond such t,ime as is absolutely
necessary.
730. Parties failing to take documents ordered to be returned to
them within a month from the date of the order should file a fresh
. application for return.
731. The Official Assignee, Madras, ahlill not be reguired to;
obtain sanction on a Master's Summons for inspection of records.
732. Orders of attachment received from other Courts shall be
registered by the Hecord clerk in the current register of papera'
received into and originating from the Insolvency Office. He:w~
then 8c1l<1 them t{) the Drafting clerk or the Accounts Department,
as the case lIllay be, for necessary entries being made in theirl
registers and returned to him with a note under their initials that
they have been noted. 'rhe Hecord clerk will then take steps td
return tl\e Original to the Court issuing the attachment order and
get the'duplicate indexed and filed in the proper bundles. Thi,
must be done expeditiously. If at the time when the a.ttachment
urpro-order is served on the Hea,d Accountant there is & smal1el1
Bum in deposit than what is shown in the warrant of attachment,
the fact should be noted by the Head Accountant in the original and
duplicate order sent to him and the fact that the attachment was
received and returned so endorsed should be noted' in the Register.
The Prohibitory orders should be brought to the notice of the Court
when any orders are passed regal'ding execution, payment out,
investment, etc.
733. A Petition by a creditor should contain the verification ati
the end as in a plaint together with the affidavit of verification.
184
. SHERIFF'S' SECTION.
lle should registera.l1 cases received frpm other section for purpose
of taking copies on the Photostat, make necessary entries in the
relevant registers, gjve estimates to all plans to be copied, return
the originals to the respective sections after the Photo'ilt1l.tcopie.
'are taken. He will attend to all correspondence relating t()j
. Photostat work.
\~"1
JUrNEX'l1.Rft,I.
REGISTRAR
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l\Iaster Deputy
I I I I !I.-_ ._-.
Registrar.
OfficialReferee. First: ASSistaIit
Registrar,
Private
Secretary to the SpeCIalOfficer
A sistant
I:J
Second Assistant'
I
Special' Officer
I
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R gistrar, Registrar,' Vigilance Cell'
APl JUate Side. Origtnal .side,
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SubiAssistant
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Registrar.
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I nsolvency
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Office. (Main). ~ection. I, I
Interpr:eter'~.. / Original Side.
.Se;l';~~9:it.
:/-'
. Records Section.
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Registrar
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. Section. (B, C, D. El Find Rules
Revision inciudilg Library,
A D "",o'""!"o('"'tion"y)
(including
TapFal Section).
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Writars' Section.
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Exammers'
S~ction
(includmg Court
Fee Section).
B~oh 010,1<,;'
Department.
'O<j;,ial.
Department (Mam)
(inclu.d,ingNotice,
FIling. and
Posting Sections).
C,bninal
SectIon.
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Judicia.' ~'.M""ers'
SectIon). '
St_p Il
ory
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Department.
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ANNEXURE II.
rrHE REGISrrRAH.
189/7-13.&
.•. _----
l-
MAS'I'ER. I:
i
He has to pass decrees and dispose of applications under I
Order VII of Original Side 11,
ules, in cases where -leaveto
defend is not granted. He has to pass orders for confirmation
of sale. All applications relating to the matters referred to in
Order XIV, Rule 10 of Original Side Rules will be di8pos~J
. of by the Master. He has to deal with all Chamber Applica-
tions posted before him: in the first instance and to issue appro-
_priate directions, before they are posted in the Chamber list.
He has to take evidence and record his findings in liqu~dation
proceedings, etc., and in cases referred to him by the Court.
,1' He has to deal with all Execution Petitions. He has to admit.
suits filed under Order XIII of the Original Side Rules. He
holds public examination of insolvents, besides the First
Assistant Registrar and ,decides applications for adjudication ot '.
insolvents on petitions by debtors. He di8poses of ,lll
Interlocutory Applicatiuns and Garni31lee. summonsef; anJ
summonses under sections 33 and 36 of the Presidency Towns
.Insolvency Act. He passes orders in all matters set out under
Order XVIII of the Insolvency Rules.
The ,following matters will be posted before the Master: _.
(i) CQurt Fee references in all categories of cases'.
(ii) Master's Summonses in Suits and Original Side
Appeals.
(iii) De,fault in payment of batta for service of notice]
etc., in various categories of calrel.
(iv) Passing orders on batta filed III • Stay' anc
• Injunction Order8":~
,---------------------:"..,.:;;" ;;;::0,-------------------
189
OFFLCIAL RBFEHEE.
•
DU'I'IES OF 'I'HE I)RIVA'l'E SBCHE'l'AHY '1'0 'l'HE
HONOURABLE 'DHE CHIEF JUSTICE.
" .
5. Admission of plaints.
ANNEXURE III.
QUESTIONNAIRE.
1. Person:.ll Registers --
(a) Are they written up-to-date oorreotly
a.nd nen.tly ~
Are the abstract of subjects in column
(4)of the register entered in an
intelligible manner ~
(b) Are the dates itnd nature of
disposals noted against each number
as soon as disposed of ~
(e) Is there unnecessary delay in
disposing of the correFpondence with
reference to columns (3), (7)and (8) ~
(d) Are delays noticeable in papers, if
any, pending for more than six
months acoounted for 1
(e) Are reminders issued systemati-
cally 1 Were reminders received
replied promptly with referenoe to
oolumns (9) and (11) respectively 1
(f) Have the papers (f the previous
year remaining undisposed of 0n 31st
December been carried forward to
the Current year's register on 1st
January and enter d at the begin-
ning of the first volume of the
Registers 1 . Whether the Sub.
Al?sistant Registrar (Adminiatrll,tive
Department) has checked the new
register to see whether any outstand-
ing currents have been omitted tu
be entered in the new register ~
189/7-14
202
2. Periodical Register-
(For B, C, D and E Sections.)
\a) Are the periodical return:! advance
statements to the High Court duly
entered at the beginning/close of
each period, showing t.he offices from
which they are due?
(b) Are reminders issued for the .returns
due?
(c) Are oheck' slips issued for get.ting
the mistakes; if any rectified?
(d) Are the returns dealt with without
delay?
4. Call Book-
(a) Is it properly ma~ntained 1 Have
any currents been imprope:rJy olosed
by taking them to the call book 1 .
(b) Is action taken promptly on refe-
rences noted in the call book 1
B SECTION.
9. Are the following register~ maintained
up.to-date1 .
(i) Confidenti?,l Register.
~ii) Communal Roster.
13. Suspension-
Are steps taken to conclude expedi-
tiously the disciplinary .proceedings <.
against persons under ~uspension ?
CSECTION.
23. Register of" allotment of approvEd
can{lido,tea /07 appointments iJ~ the Oity
offices-
Is it kept up-t9-date 1-
26. Advance8-
Are the applications for tIle grant
of all advances attended to promptly
in the order of receipt 1
27. Is the Register for sale of Books a1'u1
Pu:b~ication8 kept up.t.').date 1
D SECTION.
28. Register of 8anctioned Bcale of
establishment -
(a) Is this Register maintained pro-
perly 1.
(b) Are thfl entries relating to addi-
tions and reductions noted promptly1.
E SECTION.
F. SECTION.
54. rsthe Register of recognised clerks
of legal practitioners properly
maintained and revise.d annually?
55. Are the Notes of Inspection of
Subordinate Civil Courts submitted to
'Judges within three weeks.
v
212
cally? •
57. Rules Revision-
r'ersonal Register and Arrears state-
ment.
These may be checked with reference
to tbe queries Nos. 1 and 3. (d).
•
58. General remarks on the working of
the section.
. QUESTIONNAIRE.
1. Ac~ount8 Depa1'tment-
Is the Daily Cash Balance Register
kept up.to-date?
(a) Are the amounts collected regularly
remitted into Bank receipts duly
obtained and filed in order?
(b) Whether the cash balance has bean
verified bv an officer of the High
Court onc~ in a month as provided in
the Stmding Orded
(c) Whether the daily cash balanc@
tallie3 with the accounts?
213
6. Sa{aries-
(a) Is the Salary Day Book (5) main-
tained properly 1
(b) Is the office copy of the Pay Bills
bound and kept neatly 1
(c) Is the salary acquittance m0nthly
statement prepared every month and
initials of the officers duly obtained 1
(d) Are the Service Register Rolls of the
staff maintained upto-date with due
attestation by the officer 1
(e) Are the signatures of the staff
obtained in column 8 of the, Service
Registers once a year 1
(f) Are the property statements main-
tained for the staff of the High Court
and checked periodically 1
(g) Is the order book maintained
properly?
(h) Are the lea,ve accounts of the
members of the staff maintained up-tc-
date with necessary ent'ies oarried
out in the body of the Service Regis-
ters/Rolls after return of the
memberE frJm lell.ve 1
, (i) Is the Casml Leave Regis~er inain~
tained properly 1 '
(j) Is aotion taken for Jate attendance
by members of statl' t
(k) Is every application for Pension
amI Death-cum-Retirement Gratuity
treated as urgent (Cases of delay of
over three months should be
explained) 1
215
18. Probation-
Is declaration of completion of proba-
tion .of the members of the staff
taken up promptly ?
19. Confirmation-
Are members of the establishment
confirmed in substantive vacanoies
without delay and is iiiwatched?
25. Advanct<9-
(1) Are the festival advance register
maintained properly?
(2) Are the General Provident Fund
advance register maintained properly?
(3) If action taken on the application
for advance promptly? ;
26. Are t;he following registers maintained
properly?
(i) Cumulative Time Deposit Registers.
(ii) Handloom Credit Sales Registers.
(iii) Salary Saving Scheme R'gisters ..
27. Pension and Grc7tuity,- .
(a) Is the list of persons due to retire
in the coming yea:r maintaine~ ?
: . ~
219
LIBRARY.
1. 13 the Library Catalogue up-to-date 1
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(6)
(1) (3)
STATIONERY DEPARTMENT.
1. Are the Stationery Stock Registerl
Stock Regietera for forms maintained
properly? Are they checked every
quarter by the officers as required
in the Standing Orders 1
2. (a) Is the balance of stock of the
previou8 year carried over .and
oorrectly entered in the register f()r
the .succeeding year and are such
entries checked by the Sub-Assistant
Registrar, Administrative Depart-
ment1
(b) Is red en~ry made in the ~tock
. Register as and when stock i.
replenished 1
223
ADMINISTRATIVE RECORDS.
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(3) (6)
19. Typi8ts-
(a) IR... the distribution of work
adequate, fair. and even 1
,
25. Miscellaneous-
(a) Is a runuillgnote file maintained?
(b) Is an office order book kept 1
(c) Is a list of furniture maintained
and a monthly verification statement
sent to the A.D. ?
(d) -Are the instructions in Standing
Orders relating to the Current SecMon
followed in the administration of
the sectlion 1
(e) Is a circular file maintaineg. and
if so. is it up-to-date?
(f) Is n. Movement Register main-
tained 1
«(1) Is the accommodation and strength
of staff adequate 1
(h) Is the ,3uperviaion of the Superin.
tendent effective?
189/7-16
234
~.,
26. Ge;neral Remark8-
- .
,
QUESTIONNAIRE FOR THE INSPECTION OF THE
JUDICIAL DEPARTMENT.
NOTICE SECTION.
A. Supej'intpndent-Notice 8ection-
(1) Whether daily statements . of the
work done by each issue 'clerk is
submitted?
(2) Whether cases are distributed daily
for issuing noticp, and whether
short notice cases and old cases are
distributed among all .the issue
.~. .clerks and expedited?
(3) Whether (i) Intimations, regarding
fresh batta for unserved respondents
• that are to be put up on the Court
Notice Board and (ii) Ba,tta returns,
are checked daily?
'(4) Whether fresh battas and tappals
received daily and distributed to the
concerned Portfolio derks?
(5) Whether precedent file is maintained
properly?
(6) Whether batta refund orders of'
unused battas are obtained every
month and such orders are entered
_in the 8ta~p Registers?
(7) Whether an Intelim Order Register is
maintained properly and is submit-
ted. through the Posting'1lerk Oli
the first week .9f every month to the
8ub-Assistant Registrar?
r. Port-Folio Olerk8-
(1) Whether the Preparation Registers
are maintained properly?
/
242
a. 188ue alerks-
(1) Whether notices in t,he short notice
cases issued immediately cn receipt1
'243
FILING SECTION,
• (Oommon to Appeal Filing, Second Appeal Filing and Mi8cellaneous
Filing Sections.)
f
'" for Reference in Vernacular Records 1
(Appeal Filing).
t 4
pendency and compliance of C D.
applications promptly submitted by
the Filing sections to the Sub.
248
250
,
delay?
14. What is the oldest case p.nding in the
Docketing Section having ragat'd to the
date of passing by the Appeal
Examiner ~
15. Are docketed cases numbered and '
sent to the respective filing clerks witp-
out delay ~
16. Are the number.3 of cases entel'ed in
t.he respective registers (Distribution
Register and the S. R Book) against
the respective S. Rs. ~
17. Is the monthly register of Court.fees
realised (High Court; Form No. 145)
properly maintained,and submitted to
the officer per1odicai"1y1 .
18. Whether the check-sip" issued b.v
Court Fee Examiners duly entered and
aotion ta.ken thereon promptly regard-
ing Court-fee colleted;: etc, and lodged
a.fter obtaining ol'ders of the officer
concerned 1
253
CRIMINAL SECTION.
QUESTIONNAIRE FOR INSPECTION.
Appeal Olerk -
10 Are reminders promptly issued III
cases where records have not been
received and fresh notices promptly
issued in paseSwhere service has not
been effected and in cases where, inspite
of issue of two or three notices. the
parties still remain unserved? Ar<j sllch
cases prom~.tly tal,en note of and posted
before ('ourt for orders? (Verify few
case unde. section 417.)
j
l---------------;;:-;~.;:;:-.~---------~
2~5
Material Objects-
18. Are the material object registers (bot:h
valuable and non-valuable) proprrly
maintained with a II relevant colum~.
properly filled in t .~~
257
HelJ,dOle1'k-
33. Is the posting book maintained
properly with all the relevant columns
properly filled up and. the connected
:~ cases properly noted in the posting
book ~
/.J
~. 34. Is top priority given in posting oases
in the list to :
.'
.-------:----------"......."1'".,,----------------------
258
-,
260
/
261
, maintained :-
COPYIST SECTION.
1. Are t7:e following reg..i.ster(i prorerly
;.
(1) Work Di::tribution Register (High
C,urt;F I'm No. 642) for each of
the following category of cases :-
(c) Referred Trial cases.
.• •. (b) Criminal Appeals.
(c) Supreme Court Appeals.
(d) Miscellaneous cases.
(e) Second Appea.ls.
(j) Appeal cases (Pleadings).
(r/J Appeal cases (Documents).
(2) Work Statement Register of the
Copyists (High Court. Form NOB. J 7f,.
and 190-F).
(3) Work r- tal.ement Registar of the
ExaminerlJ (High Court Form
No. 175).
264,
1. Recvrd Register-
1 Receipt of Records-
(a) Are the papers and records recei-
ved promptly by Assistant Verna-
cular Record-keeper and entered in
the Record Register (High Court
Form No. 684) !
(b) Are entries in coloums (1) to (3)
made by the Correspondence Clerk
, and Assistant Vernacular Record.
keeper ~
(c) Are the records received in
finding cases entered in red ink
a" required in 8.0. No. 421
by the Assistant Vernacular
Record-'eeper ~
267
'2. Chec'king of Record{J-
•
(a) Is the chec1dng of records carrierl
out without delay and ooloums (4)
and (5) of Record Register filled
in 1
Hqw many ca.Reswere pending
check for more than two days 1."
(i) Are drafts put up promptly for
reoQrdsdiscovered as wanting in the
bundle after checking with index'
(c) Are entries in coJoums (9), (10) a.nd
( 11) in the Record Register duly
filled in 1 ..
(d; Are requisitions from lower
Courts atte~ded to promptly t
5. Despatch of RecoHls-
(a) .Are the records called for from
the Current Section complied wit1;\"
.. ,
,
. '
without delr;,y~
(-
r~)Court Rack.
(3) D"spatcp. Rack.
15. Rej'etencer-
-.' (a) Is the ouiturn per day adequate?
(b) Is,prompt aotion taken in cases of
non-receipt of rt.cords ?
271
GENERAL.
IV. 18. Are existmg faoilities available
adequate for safe preservation'of the
records and the convenience of the
clerks 1
U. General Remarks.
.•..
273
Drafte1'S Distribution-
1. Is the Drafter's Distribution Register
maintained properly ~
2. Does the clerk note the result of the
case:",in the daily cause list as and
when he receives the bundles from
the Court?
3. Does the clerk check tLe bundles to
see whether all the papers have been
put" up in the bundles ~
4. \Vhether the sf'ri,1.inumber of the case
aSdigl1f~dhy the Manager, is noted (in
addition to the CR,se!lumber) ?
5. Whether the cases received are
distributed wlthout unreasunaHe
dehy? "
6. 1&1there fair distribution of work to
the drafterg ?
7. A re the interim orders bundlf~ given
to the batta clerk before distributing
to the Drafters so ibS to enable him
to check whether batta is p:lid in r he
cases before despatch of the orders?
8. Whet Jor theinit.ials of thl rtafters
(btained for their having received
the ca"es distribu~ed to them?
9. Is the regi'cter of O'1ses received from
the Shorthand Wri ers' Report
n'u,intained prcperly ~
10, Whether the Shorthand Writer's
Secti'):L} is reminded of the c'&es not
recclv,d for mere than one week?
11. What is" the total number of cases
pending" distJ ibution to Dra.fters on
the date of inspection 1
274
Drafter's Diary-
21. Whether the cales given to the
.nrafter!'! are entered in this register
dai ly and Ml1illllwith. the entries in
the Drafter's~Distr;l)Ution Register?
22. Whether [due preference is given to
the urgent cases (i'lip cases) while
dr~fting ?
23. WIIether initials ~of the Bench Clerk
and Distribution'Clerk 3re obtained in
re~pect of the cases returned to him
/trtor drafting?
24. Whether the register is checked daily
by the Manager and their j)rogress of
work watched?
25. Is there any undue delay in drafting?
26. What is the total number of cases for more for more--
pending with the drafterd on the date than 2 than
of inspection and the reasons for days. 10, days~
their pendency 'I
:'
277
Oorrespondence-
61. Wh~ther lettera received are promptly
entered in the register 1
62. Whether the coimected papers for the
letters are put up and distributed te
the B.C. concerned promptly 1
63. Whether he attends to the letters
promptly in cases not to be given to
B.Cs.
34. Whether he checks and puts up 'Public
Prosecutor Certificate, Madras and
also for StatlJ Briefs promptly 1
(5. Whether t.he issue of B.C. proceedings
• in Se~sions cases is done promptly 1
66. Whether the furniture list is checked
by them..aevery month and report
sent 1 .
67. T--hether the despat('h of Court-fee
Refund Certificate (after approval by
the officer) is attended to promptly?
i8. Is th.) file of Office Ciroular main-
tained properly 1
280
Remarks Book1-
n. Whether the I"marks book for Civil
;.ml Crimim1.1 cases maintained
properly?
74. Whether the books are cil'cU:lated
periodically to the HonoUl'able the
.Judges?
Grmeral-
75. Whether tl)c defects. pointed out
during last inspection rectified?
Genewl Remarks-
,
*
•
•
I I
281
2. Probate-
(a) Te:;tamentary Suit Register.
(b \ Test amentary Original Pet'tion
Re}ister. '
3. 1Vxecutionr--
(a) Execution Petition Register -
(i) Is the register properly main-
tained 1
"b) Register (\f Sale Certificate-
(i) Is t~e register properly ma,in-
tained 1
(ii) Is there any delay in preparing
Sale COltificates after confirmation
ofsaltJ 1
(c) Proolamation Register-
. 4. Election-
(a) blectbn Patition Register-
(i) A1'e the entries made then and
there and do they form a compl,te
ret\~;rd ~ .
(ii) Is tbe regisLer checked by the
Manager at lea. t once a month?
Posting 8ectio'll-
d, Registering-
(a) Suit, Registers-
(i) Are the directions givQU in the
register properly followed and is
the Register up-Lo-date 1
(ii) Are appeal, execution a.nd oiber
past denreesproceedings properly
entered therein 1
7. Diary-
(a) Dia,ry Reg;ster-
(i) Is the regist~J' maintained pro-
porly1
(b) Are the Court.fee stamps punched
immediately on presentation and
the punohed heads properly
collected and destroyed 1
(0) Is the Manager checking ihe register
daily 1
(e) Are-
(0 O.P. Admission Register,
(ii) C.P. Admission Register,
(iii) C.S. Admission Register and
(iv) O. M. S. Admjs~ion Register
properly maintained, kept for
referenoe of the Advoce,tes and are
they up-to.date!
286
,
(f) Is the R'3turn Book maintained
properly and initials obtaiHed Lam
Advacates or their l'egistered
Clerks as soon as the papers are
returned at the pla.ces ~J;ovid~d 1
(g) Ar' the Distribution Registers
maintained properly and are the
papers delivered to by the respective
sectiuns the same day and their
ackdowlftdgment obtained 1
8. Docketing Clerk-
(a) Are the Application Registers for •.
Suits, Original Ma.trimonial Suits, .
0riginal Petitions properly maintai-
ned1
b) Is the Company Applica.tion Register
properly maintained 1
(c) Are Englifh affidavits Register.
Vernacular affidavits Re~ister and
Appellate Side Affidavits Register
properly and separately maintained1
(d) Is the Stamp Collection Register
tor explanation of affidavits ir
vernacular properly maintained 1
(to) Is the Translation Register maip
tained properly1 ~
(f) Are the Ordina.ry A.pplic'Ltion
Register and Company Application
Register re-written at the beginn~ns
of each year so that pendingappli-
ca.t.ions of the previous years 'Il.te
carried over to the current YA9"r1
9. Drafting Section--
(a) Are DecrEes and Orders drafted,
approved and iS8U~ with.ou' delayl
287
]3. Typists-
(a) Are the typewriters in good order?
(b) Are machine cards maintained sepa-
rately and are they up-to-date 1
(e) Is there any avoidable delay in the
preparation of fair copies 1
14. Reeord-keepers-- .
(a) Are the following registers properly
mainta.ined 1
(i) Registe.r of records sent to other
Courts and Offices. -
(ii) Register of Records received from
other Courts and Offices.
(iii) Register of Original Side Appealll
including Supreme Court Appeals. .
(iv) Title Deeds Register.
(v) R~gister of papers sent to Verna-
cular Recorus.
(vi) SubpoJn't Register.
(vii) Suit documen ~sRegister.
(viii) Company Documents Register.
(ix Register fir noting cases vouched
@ythe Clerks. .
(x) Register for Suits transferred to
this Court.
(xi) Register for num bering Minutes
Books.
(xii) StationAry Indent Book.
(xiii) Record Heceiving Regist.er.
(xiv) Record Issue Register.
(XT) Register of DOQuments sent for
translation.
189/7-,.20
290
292
INSOLYENCY OFFICE.
i. Postimg-
2. Drafting-
(a) Are the following re~isters
maintained properly and are
they up-to-date 1
(i) Court work Statement Register.
(ii) Master's work StatmentRegister.
•
(iii) E.P. Register .
(iv) Minutes Book of Insolvency
Court, l\laster's Court and
, First Assistant Registrar's
Court.
(b) Are the orders r-assed by the Judge
a.nd Master, drafted and issued
without delay 1
(c) Are warrants directed to be issued
by the Court, the Master or the
. First Assistant Registrar, issued
as soon as applications for issue
of the same are flIed by the con.
cerned partiel ?
3. Record and Oopy Oo",:pl,!!fng;:::
(a) Are the following registers pro-
perly maintained by the Reoord
Clerk ~ .
(i), Record Issue Register.
(ii) Current Register.
~i\i.i)Petition Register. (
(iv) Register for Return of Documents.
(v) Appeal Register.
(vi) Copy Application Register.
(b) Are the records sent to other
Courts or Sections for production
of reference watched and got
back as soon as the concerned
Courts or Sections have done with
them ~
(c) Is there any avoidable delay in
complying with' 'copy appli-
cations ~ . . --
4. Diary--
struck off ~
•
(a) Is the Diary Register properly
maintained and I.re the stamps
regularly chec~ed by the
Ma.nager t
(b) Ii' the alpbabatical l~st of insol-
vents kept up~to-date ~
6. Fecor;' Destruction-
(a,) How does the Record Destruction
clerk maintain the register cf peti.
tions ripe for destruction 1
• (0) During
registers
what intervals are the
checked by the Mana,ger1
7. Ge1i
eral-
2. :Summons Register-
(a.) Is this rejitister maintained PIt.>-
perIy?
(b) Is there any instance where thEl'
process are not returned .within the
due dates?
297
4. Inventory Regi8ter-
.(a) Is this register maintained pro.
perly1
(b) Are all the attached movable
properties entered as soon as th"y
are brought to the garage1
.
(c) Is there any periodical check in the
gRrage tallying them with the
Inventory Register1
18917-22A
298
5. Insolvency Regi8ter-
(a) Is this register maintained pro-
perly1
(b) .Are the Insolvency Petitions
entered in time after due payment of
Court fee stamps required for them 1
(c) If not, what is the action taken on
them1
(d) If enough care taken to see that
sufficient time is given for their
service1
(e) Has it been duly returned after
proper service1 Is there any Court-
fee stamps levied for the affidavit of
service'?
(j) WhaGsteps are taken when the due
stamps are not paid for them 1
(g) Is there any delay in such service1 •
6. Government Order Regiater--
{a}Is this Register maintained pro-
perly1
(b) Is there any Government Order
pending for a. longtirr,e without
actlon1
(c) If so, what is the reason for 13uch
delay 1
299
9. Despatch Register-
(a) Is this register maintained pro-
perJy~
300
GENERAL.
I. Whether the stationerv articles
are properly ohetked, verifieda.nd
. the balance of each month properly
scrutinised before a new indent
is al'lked for 1
II. Whether all the Gazettes a.rekept
serially, neatly tied up and protec-
ted ",afely1
III. Are the furnitures checked
periodically and its report furnished
every month 1
IV. Whether the old--'record!!, Ea8t
-India Company's records are
arranged systematiCally and kept
safely ~
V. Whether all communications to
be delivered to Sheriff of Madras
are done without any delay ~
VI. Whether periodical meetings have
been arranged with the Sheriff of
Madras as and whe~ the necessity
• fl
arIses .
302
A. ORIGINAL SIDE.
r. Register of pleadi~gs, affidvit~, tJi,r;.-
(a) Are the following registers regularly
kept ~
(i) English Affidavit Register.
(ii) Stamp Collection Register for
explanation of affidavits in
Vernacular.
(iii) Pauper Suits Book.
(b) I~ the monthly return of stamp
collection for explanation of affida-
vits in Vernaoula.r sent to the O.S.
regularly ~
(c) Are the pauper memos. calling for
the fees due fOr translation and
explanaiion promptly complied with'?
B.ApPELLA'l'E SIDE.
C. :MISCELLANEOUS.
1, Register of weekly work statement-
Is this register properly maintained
and regularly su11ll1itted?
.13. Statinnery-
(aJ Are the indents made with due
regard to .conomy 1
(b) Are the issut's m~de nnder proper
sanction 1
B. SPECIAL INTERPRETER.
1. Is the translation work done with-
out delay ~
C. BENCH CLERK..
(a) Appeal Examiner's Work-
(1) Is the. daily statement of work
as A. E. being 8ubmh\e::l
regularly foJ.: the. scrutiny of
) the Officer1
(2) Are the returns Ii ade proper,
,. exhaustive a.nd not piecemea.l?
(3) Are there any delays over one
.week in exa.mining cases 1
(4) Are the ca.ses passed by the
Appea] Examiner sent for
docketting without delay to A.F.
Section 1
(b) B. O. Work-
(1) Is the Bench Clerk's diary written
up and the columns thereon are
filled in promptly, proverl.v and
ill it UD to date ~
306
D. ASSISTANT.
1. Per80nal R'egister-
(a) Are the papers received promptly
entered in the Personal Register1
(b) Is it written up to date correctly
and neatly 1
Are the abstraot of subjeo I in
column 4 of the register entered
in an intelligible manner 1
2. State of Disp08J.ls-
(a) Have all the papers disposed
of been duly stitchl:ldwit.h docket
sheets, wherever necessary,
indexed and sent to the record' (
without delay a.nd acknowledged
by the Record Keeper ~
3. Gall Book- ••
(a) Is it properly maintained 1 Have
any currents been improperly
closed by taking them to the
call book ~
4. S. R. Register-
(Duplicate register ma.intained for
the convenience of the SecLion)-
.,
Is the register maintained properly
with all columns properly filled in
and well kept?
E. TYPIST.
I
ANNEXURE IV.
APPELLATE SIDE.
(JUDICIAL ~D TRANSLATION AND PRINTING.)
";
313
No. 53.
High Court, Form Part-heard cases (July-DecelIlber). I.
No. 53-A.
High Court Form Posting Book (Criminal Appeals)j (January-
No. 54. June).
,.
Higtl Court Form Appeal against acquittal.
No. 54-B.
•
\
"
High Court Form Docket sheet in Criminal Revision Case.
." t" • T •
No. 66. .
If;
High Court Form Docket sheet in Criminal Miacel1 :'Lneous
No. 68. Petition.
, No. 95-A.
High Court Form
No. 96.
Order Form in Referred rrrial (ConfirmatioU;
of sentence of death).
,I
High Court Form Stamp Register (Appeal Examiner).
No. 653.
High Court Form Register of cases referred to MMter ot
No. 654. Junge (Appea.l Examiners Sect,ion). t
~;a:igh Court ForrQ: Distribution Register (For print/No print
No. 657. cases). ' ,-.1
High Court Form
No. 664.
High Court Form
Index of cases disposal of receipt regiliiter.
, No. 749.
ADMINISTRATIVE DEPARTMENT.
" • I
High Court, Form Consolidated distribution statement
No. 44 (Stationery) .
High 'Caur~;"Form f
Register of letters, etc., received' in Judicial
N('. 58.. branch. "
High Court Form Certificate of Funds (Accounts Depart;.
No. 75-B. ment)
321
, No. 752.
High Court Form
No. 777.
Hailway Parcel Register.
.No.619-D.
High Court . Form Memorandum of cost in Civil Miscellaneou~
No. 702. Petition.
High Court Form Urgent slip (Bench Clerk).
No. 717.
High Court Form List of cases pending for more than three
No. 739. weeks.
High Court Form Docket sheet for Judgment.
No .. 740.
IDgh Court Form Docket sheet for Decree.
'No. 741.
High Court Form Docket sheet for Or~er.
No. 742.
"
High Court Form Register of applications for M. filing.
No. 744.
High Court Form Docket sheet for Writ Petition.
No. 745.
High Court Form Writ of Certior~ri (Order absolute).
,
No. 772.
High Court Form. Writ Petition (Order for calling for records).
No. 773.
High COM Form Writ Appeal (Order against Letters Pafent
No. 774. Appeal.
High Court Form Writ Peitition(Order Nisi to produce or to
No. 782. a,ppear.
High Court Appeal Interim Orders (Civil Miscellaneout'l ~eti-
No. 789. tiona).
High Court Form Certificate of refunll of Courtlfee.. I
No. 7~~.
329
ORIGINAL SIDE
•
331
. ,~
High Court Form
No. 584.
Order appoin~ing guardian
in Original Petition.
for the minor
~
High Court Form Attachment of moveables ..
,/
No. 587.
'High Court Form Commissioners Heport on passing the
No. 588. account (Origin,,1 Side).
High Court Form Drafter's Diary.
No. 611. ..
lligh Court Form Register of Interlocutory Apvlicationl.
~Q. G33.
•
High Court Form Work statement book of the decree drafting
No. 655. . (Original Side).
,..
333
I
I
I.
"