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High Court of Chhattisgarh Rules, 2005

Published vide Notification No. 14133/Public/Rules U/A 225-227, dated 12.5.2006

Last Updated 18th September, 2019 [cg155]

Part-I

General

Chapter I

(b) 'Appointed day' means the date on which these rules shall come into force ;

(c) 'Chief Justice' means the Chief Justice of the High Court of Chhattisgarh and includes a Judge appointed under Article 223 of the Constitution of India to perform the duties of the Chief Justice.

(d) 'Code' means the Code of Civil Procedure, 1908 (V of 1908) as amended from time to time.

(e) 'Constitution' means the Constitution of India.

(f) 'Court' and 'this Court' means the High Court of Chhattisgarh.

(g) 'Court appealed from' includes a Tribunal or any other judicial body from which an appeal is preferred to this Court.

(h) 'Judge' means a Judge of the High Court of Chhattisgarh.

(i) 'Judgment' includes decree, order, sentence, or determination by any Court, Tribunal, or any other Authority having jurisdiction to decide the matter.

(j) 'Judicial Officer' means an Officer belonging to the Judicial Service of the State.

(k) 'Prescribed' means prescribed by or under these Rules.

(l) 'Registrar' means the Registrar General of the High Court and includes the Additional Registrar, the Deputy Registrar, or any other Officer with respect to such functions and duties of the Registrar as assigned by the Chief Justice.

(m) 'Registry' means the Registry of the High Court of Chhattisgarh.

(n) 'Respondent' includes an intervener.

(o) 'The Rules' and 'Rules of Court' means these Rules and include the Forms prescribed by or appended to these Rules.

(p) 'Senior Advocate' means an Advocate so designated under sub-section (2) of Section 16 of the Advocates Act, 1961 (25 of 1961).

(q) 'Standing Committee' means the Committee constituted under these rules.

(r) 'State' means the State of Chhattisgarh.

Chapter II

Officers of the Registry and their Functions

1. Registrar General.

2. Registrar (Vigilance).

3. Registrar (Inspection and Enquiry).

4. Registrar (Judicial)

5. Registrar (OSD) Rules.

6. Registrar (Administration).

7. Principal Private Secretary to Hon'ble the Chief Justice.

8. Registrar (Classification).

9. Registrar (Establishment).

10. Registrar (Districts Establishment).

11. Additional Registrars.

12. Deputy Registrars.

13. Assistant Registrars.

14. Private Secretaries.

Officers and their Functions

(1) (i) To dispose of all matters relating to Court fees or service of notice or other process and to pass orders dispensing with notice under Order 41 Rule 14 (3) of the Code of Civil Procedure or under any other enactment for the time being in force.

(ii) To dispose of applications under Order XXII Rules 2, 3 and 4 of the Code of Civil Procedure and to amend the record with the consent of the parties.

(iii) To dispose of applications for the correction of memorandum of appeals, or applications for revision as regards the description of parties as majors or minors.

(iv) To dispose of applications to appoint or discharge a next friend or guardian ad-item of a minor or person of unsound mind, to amend the record accordingly and to direct the deposit and furnish accounts of funds for the conduct of the proceedings.

(v) To dispose of applications for the withdrawal of appeal.

(vi) To call for a further deposit under Order XLV, Rule 10 of Code of Civil Procedure, when the deposit already made by the appellant in an appeal to the Supreme Court is not sufficient to defray the cost of preparing the record.

(vii) To order payment of the interest accruing to Government Promissory Notes deposited under Order XLV, Rule 7 of Code of Civil Procedure, and to order the refund of any unexpected balance under Order XLV Rule 12 of Code of Civil Procedure or for any other enactment for the time being in force.

(viii) To determine in which newspapers the publication referred to in Order XLV, Rule 9-A of Code of Civil Procedure shall be made.

(ix) To make reference to the Court for renewal of bank guarantees, FDRs, and other deposits/securities made under the orders of the Court, a month before the date of its/their expiration.

(x) To require any memorandum of appeal, petition, application or other document presented to the Court to be amended in accordance with the procedure of the Court.

(xi) To require any person and party to file an affidavit with respect to any application or matter in respect of which the Registrar has power to exercise any discretion or to make any order.

(xii) To stop at his discretion issue of certified copy to any person who has failed to pay the process fee, or charges, or has failed to take any other steps, which the Court has ordered while granting interim relief, or stay, or of any other nature, which substantially affects the rights of the opposite parties.

(xiii) To call for records and documents from Subordinate Courts and any other authority.

(xiv) To dispose of requisitions by Subordinate Courts for records and documents.

(xv) To dispose of applications for copies of pending records or parts thereof.

(xvi) To pass an order under Order XLI Rule 22 (3) of Code of Civil Procedure, for the service of a copy of a cross objection on the party.

(xvii) To grant leave to search the record of the Court under the rules in that behalf.

(xviii) To dispose of application for discovery and inspection.

(xix) To dispose of application for delivery of interrogatories.

(xx) To dispose of application for substituted service, or for dispensing with service of notice of the appeal on any of the respondents.

(xxi) To dispose of application for leave to take documents out of the custody of the Court.

(xxii) To decide questions arising in connection with the payment of Court fee.

(xxiii) To dispose of applications by third parties for return of documents.

(xxiv) To dispose of applications for grant of copies of records to third parties.

(xxv) To dispose of application for the issue-of a certificate regarding any excess Court fee paid under a mistake.

(xxvi) To dispose of application for condoning delay in paying deficit Court fee.

(xxvii) To dispose of applications for approval of the translator or interpreter.

(xxviii) To dispose of applications for production of documents outside Court premises.

(xxix) To dispose of application for change or discharge of advocate.

(xxx) To dispose of applications for exemption from filing of certified copies of judgments, decrees, certificates or orders granting certificates.

(xxxi) To reconstitute the record in case the record is not traceable :

(xxxii) To pass orders in all matters in writ, civil and criminal cases pertaining to default as process fee, publication charges; paper book costs, missing of address in respect of service of notice, submission of service report on affidavit in case of Dasti service; non-compliance of Registrar's orders in respect of Office matters.

(xxxiii) To pass orders in default of identical copies; security amount; non-compliance of Court's orders.

(xxxiv) To pass orders on non-appearance of accused persons on bail :

(xxxv) To dispose of the application for condonation of delay up to seven days in filing of process fee.

(2) The Registrar (Judicial) may refuse to receive a petition or any other pleadings on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matters, but the petitioner may appeal by, way of motion, from such refusal to the Court.

(3) Taxing Officer. - When the Taxing Officer finds that any document filed in this Court insufficiently stamped, he shall record his opinion with reasons therefor. The report shall be shown to the Counsel concerned who will note thereon whether he accepts, or disputes the accuracy thereof. If he raises a dispute, the Taxing Officer shall decide the dispute and the party aggrieved with the decision may request him to place the matter before the Court.

(4) Whenever the Taxing Officer finds that a document which ought to bear a stamp under the Court Fees Act has by mistake or inadvertence been received in a lower Court without being properly stamped, he shall prepare a reasoned report to that effect and in case the correctness of the report is disputed, same shall be laid before the appropriate Bench for orders.

(5) (i) Whenever the Court fees payable on any document in respect of which the question of limitation arises are found deficit, the Taxing Officer shall pass an order either certifying the under stamping bonafide or may place the matter before the Bench. If the deficit fees are paid before the limitation expires, the document will be treated as properly stamped. If the deficient Court fees are not paid before the expiry of limitation the case will be placed before the Court. The hearing will not be less than 20 days after the date of Taxing Officer's order. If within that time the party files an application under Section 149 of the Code of Civil Procedure, the Court shall, in case when the Taxing Officer certifies the under stamping to be bona fide, ordinarily extend the time.

(ii) Whenever a case is put to the Court in accordance with the above clause, a statement in the following form shall be endorsed on the order sheet.

(1) Court fees paid Rs.______________

(2) Court fees payable Rs._____________

(3) Difference of Court fees of Rs.

(4) Time expired__________________

(5) The Taxing Officer-------------------

(i) certifies the deficiency as bona fide__________

(ii) certifies the deficiency as not bona fide

(iii) was able to arrive at a definite conclusion.

(6) Application under Section 149 of Code of Civil Procedure filed within________________days from Taxing Officer's certificate.

(6) The Registrar (Judicial), Additional Registrar or Deputy Registrar may permit clerical errors in any memorandum of appeal or memorandum of objections under Order XLI Rule 22 of 26 of Code of Civil Procedure or in any petition or affidavit produced in any civil proceedings or in any other proceedings in the Court to be corrected. Such correction shall be made in the case of affidavits by the declarant by filing a fresh affidavit and in other cases by the person producing the document or his Advocate.

(7) Every correction in any memorandum of appeal, memorandum of objections, petition, shall be initialed by the party making the correction and by a Judge, or the Registrar (Judicial) or Deputy Registrar (Judicial).

(a) To sanction payment of Temporary Advance (including Tour Advances) and bills in respect of purchase of movables including articles for use of Court/Registry up to Rs. 2000/-.

(b) To sanction tour advances to himself and/or the staff working under him up to Rs. 2000/-.

(c) To pass medical reimbursement bills and T.A. bills of the Registry up to Rs. 2000/-.

(d) To sanction repairs and purchase of accessories to staff cars up to Rs. 2000/-.

(e) To look after matters relating to Work Section and Protocol.

(f) To supervise major/minor works relating to residential quarters, new Court building, repair/maintenance of High Court building, garden etc..

(g) To purchase furniture including almirah, coolers, electrical appliances, purchase of liveries, typewriters, additional/extra telephones, motor vehicles, air conditioners.

(h) To allot residential quarters to establishment-Class-II, III & IV staff.

(i) To look after the library, binding section, purchase of law gooks, periodical journals and correspondence of various Sections including purchase to binding materials up to Rs. 2,000/-.

(j) To verify annually dead stock, and

(k) Any other work that may be assigned to him by the Hon'ble Chief Justice, other Hon'ble Judges and/or Registrar General.

(a) To record the Confidential Reports of Class-II, III & IV staff attached to the Chief Justice and other Judges and shall be submitted to the Registrar General.

(b) To make proposals of Budget and Accounts Section.

(c) To appoint, transfer, punish and grant retiral benefits to all contingent employees.

(d) To work out GPF and DPF of Registry Officers, Judicial Officers, Class 1 & II staff of the High Court and subordinate Courts.

(e) To generally look after the matters relating to Establishment Section of the High Court including such work as may be entrusted to him by the Hon'ble Chief Justice, other Hon'ble Judges and/or the Registrar General in establishment/judicial side.

Chapter III

Chapter IV

Constitution and Powers of Benches

A : Civil Matters

Single Judge

(i) An appeal from an appellate decree of a District Court.

(ii) An appeal of a civil nature under any Act of the Central or State Legislature or First Appeals under the Code of Civil Procedure, the value of which does not exceed the sum of Rs. 3,00,000/- (Rs. Three Lacs Only) and any application or reference made under such Acts, unless otherwise expressly provided for under such Acts.

(iii) An appeal from an appealable order under the Code of Civil Procedure or under any other enactment unless otherwise provided in the said enactment.

(iv) An appeal under Section 173 of the M.V. Act 1988, the value of which does not exceed Rs. 3,00,000/- (Rs. Three lacs only).

(v) An appeal under Section 47 of the Guardian and Wards Act, 1890.

(vi) An appeal relating to costs only.

(vii) An application under Section 22, 23 or 24 of the Code of Civil Procedure.

(viii) Any application under the provisions of Code of Civil Procedure or any other enactment for the time being in force in an appeal, revision or any other proceedings in a matter within the jurisdiction of a Judge sitting alone and which is not otherwise expressly provided for.

(ix) An application for revision under the Code of Civil Procedure or under any Central or State Act, unless otherwise expressly provided in the said Central or State Act.

(x) A suit coming before the Court in the exercise of its extraordinary original civil jurisdiction.

(xi) A proceeding of a civil nature under an Act of the Central or State Legislature, coming before the Court in the exercise of its original jurisdiction.

(xii) Election petition under Representation of Peoples Act, 1951.

(xiii) Company matters, Probate and Letters of Administration matters of original jurisdiction (on nomination by the Chief Justice).

(xiv) Appeal and Reference under the Trade Marks Act, 1999.

(xv) All writ petitions under Article 226/227 of the Constitution of India except those falling within the jurisdiction of Division Bench.

(xvi) All Taxation matters unless otherwise provided in the Central or State Act, from which the proceedings are arising.

Division Bench

(i) Relating to Public Interest Litigation.

(ii) Where Vires or validity of an Act of Legislature or any Subordinate Legislation is under challenge.

(iii) Against the orders of Tribunal constituted under Articles 323-A and 323-B of the Constitution of India.

(iv) Relating to Contract/Tender concerning Government/Public Undertaking/ Local Bodies.

(v) Relating to admission in medical/technical colleges.

(vi) Relating to Excise Contract.

(vii) Tax references under statutes which requires references to be heard by Division Bench and application for references in such cases.

(viii) Reference under Section 113/Order XLVI of the Code of Civil Procedure, 1908.

(ix) Appeal under Section 22(A)/reference under Section 21 (5) of the Chartered Accountants Act, 1949.

(x) Appeal under Section 19 of the Family Courts Act, 1984.

(xi) Revision under Section 19 of the Chhattisgarh Madhyastham Adhiniyam, 1983.

(xii) All matters which, by any law or any judgment having force of law are required to be heard by Division Bench.

(xiii) Appeals valued above Rs. 3 lacs.

B : Criminal Matters

Single Judge

(i) Application for grant of bail under Section 438 and 439 of the Code of Criminal Procedure and applications under Section'482 of the Code of Criminal Procedure.

(ii) Applications for transfer of Criminal Cases.

(iii) Applications for cancellation of bail.

(iv) Criminal Revisions except those which are to be heard by the Division Bench.

(v) Criminal Appeals against substantive sentence of not more than 10 years.

(vi) A case coming before the Court in the exercise of its ordinary or extraordinary original criminal jurisdiction except the cases under Section 15 of the Contempt of Courts Act, 1971.

(vii) Appeal, application, or reference under the Code of Criminal Procedure, other than the cases falling within the jurisdiction of Division Bench.

Division Bench

(i) An appeal or reference in a case in which a sentence of death or imprisonment of life or a sentence of more than 10 years has been passed.

(ii) An application for leave filed under sub-section (3) of Section 378 of the Code of Criminal Procedure in respect of offences punishable with sentence of death or imprisonment for life or in cases where the maximum sentence provided is of more than 10 years and are triable by Court of sessions.

(iii) An appeal by the State Government under Section 378 of the Code of Criminal Procedure from an order of acquittal in Sessions Trial in respect of offences punishable with sentence of death or imprisonment for life or where the maximum sentence is more than 10 years.

(iv) A revision filed by a private party under Section 397 of the Code of Criminal Procedure or suo moto revision entertained under Section 401 of the Code of Criminal Procedure against acquittal in respect of offences punishable with sentence of death or imprisonment for life or imprisonment for more than 10 years and triable by Court of Sessions.

(v) A proceeding in which notice has been issued to an accused who has been sentenced to imprisonment for a term of five years or more to show cause why the sentence should not be enhanced.

(vi) A proceeding in which notice is issued to a convicted person requiring him to show cause why his conviction should not be altered to one of an offence punishable only with death or imprisonment for life.

(vii) An appeal under Section 377 of Cr. P.C. against an accused who has been sentenced to undergo imprisonment for a period of 5 years or more.

(viii) Appeals from conviction of offences against the State punishable with imprisonment for life.

(ix) A petition for a writ in the nature of Habeas Corpus.

(x) Cases under Contempt of Courts Act, 1971 where a case for criminal contempt is made out.

(xi) A proceedings coming before the Court in the exercise of its ordinary and extraordinary original criminal jurisdiction.

Full Bench

(i) Reference under Section 57 & 60 of the Indian Stamp Act, 1899.

(ii) Matters which are required by a Statute to be heard and decided by a Full Bench.

(iii) Such other matters as may be referred to the Full Bench.

C : Reference to a Larger Bench

(a) when it involves a substantial question of law as to the interpretation of the Constitution or any statutory enactment

OR

(b) if he considers that the decision in the proceeding involves reconsideration of a decision of a Judge sitting along.

D: General

(i) if the same Coram is not available on account of retirement or nonavailability for three months, if the matter relates to the Division Bench same shall be listed before a Division Bench of which one of the Member shall be, who had been a Member of the earlier Bench.

(ii) In case of Single Bench, the matter shall be listed before a regular Division Bench.

E : Business relating to Supreme Court

Chapter V

Writ Petitions, Habeas Corpus and Public Interest Litigation (PIL)

(a) This part shall consist of the writ petition with annexures and if the writ petition has been amended in between, the amended writ petition should be placed on top and the annexures, if any, with amended petition shall be placed just below the original annexures in continuation.

(b) The rejoinder together with annexures in continuation to the annexures of the writ petition shall be placed just below the writ petition or the amended writ petition, as the case may be.

(c) The return together with annexures and the amended/additional return, if any, together with annexures shall be arranged in the like manner.

(i) This part shall consist.of the applications for grant of interim relief and the applications for vacating stay, if any, and ;

(ii) other Interlocutory Applications ;

(iii) All other papers shall be part of 'B' file.

Rules for Applications under Article 227 (1) of the Constitution of India

(i) the name, description and place of residence of each applicant and of the non-applicant;

(ii) the name of the court and Judge by whom the decree or order objected to was passed; and if the decree or order was passed in appeal, the name of the original court and of the Judge presiding over it;

(iii) the date or dates of the decrees or orders of the lower courts ;

(iv) the grounds on which the relief is sought and also such material facts as may be necessary for the proper determination of the case ;

(v) the nature of the relief and the direction or order sought from the Courts;

(vi) where a previous application has been made on the same facts the applicant shall give all details thereof and shall also indicate the decision thereon.

(b) The application shall be accompanied by the order or decision (if any) and an affidavit verifying the facts relied on.

(b) Every application shall (unless the Court otherwise directs) be supported by an affidavit showing how the record is material to the case in which the application is made, and that the applicants cannot without reasonable delay or expenses obtain a duly authenticated copy of the record or of such portion thereof as the applicant requires, or that the production of the original is necessary in the interest of justice.

(b) Where the court orders that certain matters in controversy between the parties shall be decided on oral evidence, it may either itself record the evidence or may direct any Court or Tribunal or a Commissioner appointed for the purpose to record it in accordance with the procedure prescribed by law.

Writ Petition No...........of..........

In re : (Mention the nature of the cause)

Chapter VI

Civil Appeals, Review, Revision

(a) the name and address of each appellant or applicant;

(b) the name and address of each person whom it is proposed to make a respondent;

Note. - Address in (a) and (b) includes name of police station and post office.

(c) the Court by which and the name of the Judicial Officer by whom the decree or order under challenge was made;

(d) the date and the number of the case in which such decree or order was made;

(e) the description of the parties to the appeal or application as to whether such parties were plaintiff, defendants or applicants in the Court of first instance;

(f) the ground or grounds numbered seriatim of objection to the decree, order or judgment except that in second appeals question(s) of law shall be formulated;

(g) the relief in such appeal, review or revision;

(h) the value of the appeal, including valuation in Courts below and in the case of an application for revision, the value in suit:

(i) The provision (s) of law under which it is made immediately below the cause title.

(ii) The name, description and place of residence, specifying whether such place of residence is registered address within the meaning of Order VII Rule 19 and Order VIII Rule 11 of the Code of Civil Procedure of each appellant, respondent/proposed respondent, opposite party or the petitioner, in the case of memorandum of appeal, petition for revision, as the case may be and of the applicants in the case of memorandum of objection ;

(iii) The name of the Court and Judicial Officer by whom the decree or order challenged was passed; and if the decree or order was passed in appeal the names of the original Court and of the Judicial Officer presiding over it;

(iv) The date or dates of the decrees or orders of the lower Courts ;

(v) A brief statement of the facts of the case (in application for review or revision);

(a) In the case of a First Appeal from a judgment and decree where no motion for grant of stay/injunction/interim relief is moved, the Registrar (Judicial) or the Officer authorized for the purpose shall admit the appeal and direct issuance of notices to the respondents.

(b) All other appeals shall be posted before the appropriate Bench for consideration of admission and passing of appropriate orders.

Chapter VII

Procedure in Criminal Cases

(A) General

(a) the name and address of each appellant or applicant;

(b) the name and address of each person who is proposed to be made respondent;

(c) the provision of the Code of Criminal Procedure under which the appeal or application is sought to be presented;

(d) every memo of appeal under Section 374 of the Code of Criminal Procedure and every petition praying for the exercise of the High Court's power under Section 397/401 of Cr. P.C. shall state the details of the sentence and/or fine imposed and the enactment under which any conviction is held in the proceedings in connection with which the appeal/revision is made.

(e) the case number, date of order or judgment appealed against, and all other particulars of the case including the name of the Presiding Officer of the Court below :

(f) facts of the case in brief;

(g) grounds or grounds numbered serially;

(h) relief prayed for;

(B) Reference in Capital Cases

(a) Police Challan ;

(b) First information Report, if any ;

(c) Magistrate's charge with list of witnesses, if any ;

(d) Statement under Section 164, if any ;

(e) Examination under Section 281 and 313, if any ;

(f) Ground for commitment, if any ;

(g) Record of evidence in the Court of Sessions with any further examination under Section 281 and altered charge, if any ;

(h) Judgment of Sessions Court;

(i) Material documentary evidence, if any;

(j) Petition of appeal, if any;

(k) Order-sheet and the list of exhibits.

(C) Criminal Appeal by Accused against Conviction

(D) Appeal against acquittal

(E) Other appeals provided in Cr. P.C.

(F) Criminal Revision

(a) upon a petition presented in the Court in normal course.

(b) upon a petition received from jail.

(c) upon an order by a Judge on perusal of a sessions statement;

(d) upon a order by a Judge on examination of periodical return ; or

(e) during the course of an Inspection of a Court.

(G) Criminal Reference

(H) Bail Matters

Chapter VIII

Appeals, Applications/References under Special Acts

A: Income Tax Act, 1961

I. the assessment order;

II. the appellate order;

III. the order of the Tribunal under Section 254 (1) ;

IV. the application of the assessee or of the Commissioner, as the case may be, requiring the Tribunal to state a case to the High Court under sub-section (1) of Section 256; and

V. any other relevant paper or papers which the Tribunal may consider relevant for the disposal of the application.

(i) the order of the Income Tax Officer;

(ii) the order of the Appellate Authority ;

(iii) the order of the Appellate Tribunal passed in the case under Section 254$$0);

(iv) the application of assessee or of the Commissioner, as the case may be, requiring the Tribunal to state a case to the High Court under sub-section (1) of Section 256;

(v) The order of the Tribunal refusing to state a case and make a reference under sub-section (1) of Section 256;

(vi) any other paper or document which the applicant considers necessary for the disposal of the application; and

(vii) where the application is filed by an assessee, a certificate in original from the Appellate Tribunal to the effect that the assessee has not withdrawn his application for reference under sub-section (3) of Section 256 of the Act before the said Tribunal.

(i) the application of the assessee, or the Commissioner, as the case may be, to the High Court under sub-section (2) of Section 256.

(ii) the order of the High Court requiring the Tribunal to state a case ;

(iii) the statement of the case by the Tribunal under sub-section (2) of Section 256.

B: Estate Duty Act, 1953, Wealth Tax Act, 1957, Customs Act, 1962, Central Excise Act, 1944, Gold (Control) Act, 1968

Chapter IX

Filing, Registration and Classification

A: Filing and Registration

(i) written in English ;

(ii) neatly typed on thick paper of fullscap size with a margin of two inches, only one side of the paper being used;

(iii) signed and dated by the petitioner or by his counsel, or if the petitioner is illiterate bearing the petitioner's thumb mark and attested by one literate person;

(iv) signed by the typist who shall state the capacity in which he types it;

(v) presented in the filing section by the petitioner or his recognized agent or his counsel.

(i) For review made upon the ground of the discovery of new and important matter of evidence;

(ii) For stay of execution;

(iii) For vacating in order staying execution;

(iv) For security under Order XLI, Rules 6 and 10 of the Code of Civil Procedure;

(v) For re-admission or restoration of an appeal or application dismissed for default of appearance or for non-payment of process fee or paper-book costs.

(vi) For action for contempt of Court;

(vii) For substitution of parties;

(viii) For the appointment or discharge of guardians ad-litem or next friends;

(ix) For transfer of any civil or criminal case;

(x) For action under Section 87 of the Code of Criminal Procedure:

(a) Format of cause title, including full and complete address of all the parties including the details of the Police Station, Post Office and Postal Index Number.

(b) Receipt showing service of copy on the Advocate General/other side as required under these Rules or any other statute or Rules ;

(c) Sufficiency of Court fee Stamp ;

(d) Provision of law under which the filing is made ,

(e) Certified copy of the order under challenge and/or of any order required under these Rules, or under any other statute or Rules ;

(f) Relief sought for ;

(g) Sufficient number of copies as required under these Rules.

(h) Other requirements under these Rules or statutory requirement, if any :

B : Classification

Chapter X

Caveat

Chapter XI

Roster and Listing

A : Roster, cause list and Misc. Instructions

B : List of Ready Matters for Final Hearing

Note. - (i) A matter shall be treated as fresh matter till the matter is admitted or notice is directed.

(ii) If a matter is admitted then same shall be treated as final hearing matter.

(i) Fresh cases.

(ii) Cases for orders on Interlocutory applications.

(iii) Overnight part heard cases.

(iv) After notice cases.

(v) Final disposal cases.

(vi) Final hearing cases.

(a) if two days before the date of hearing the record has not been received or the matter is otherwise incomplete.

(b) If before the date of hearing, death of a party is announced and thereby adjournment is necessitated; on such adjournment the Registry shall initiate appropriate action in the matter in order to get the matter ready for listing.

(c) If before two days of hearing counsel for the parties agree for adjustment on account of some difficulty, then the adjustment be made and next date of hearing shall be given by the Registrar (Judicial) according to the convenience of the parties.

1. Writ Petitions. - (a) The High Court shall, at the stage of admission or issuing notice before admission categorize the Writ Petitions other than Writ of Habeas Corpus, into three categories depending on the urgency with which the matter should be dealt with, the Fast Track the Normal Track and the Slow Track. The petitions in the Fast Track shall invariably be disposed of within a period not exceeding six months while the petitions in the Normal Track should not take longer than a year. The petitions in the Slow Track, subject to the pendency of other cases in the Court, should ordinarily be disposed of within a period of two years.

(b) Where an interim order of stay or injunction is granted in respect of liability to tax or demolition or eviction from public premises etc. shall be put on the fast track. Similarly all matters involving tenders would also be pul on the Fast Track.

2. The Registrar (Judicial) or any other officer nominated by the Chief Justice, shall at intervals of every month monitor the stage of each case likely to come up for hearing before each Bench (Division Bench or Single Judge) during that month which have been allocated to the different tracks. The details shall be placed before, the Chief Justice or Committee nominated for that purpose as well as the concerned Judge dealing with cases.

3. The Chief Justice or the Committee may shift the case from one track to another, depending upon the complexity, (urgency) and other circumstances of the case.

4. Data will be fed into the computer in such a manner that the court or judge or judges referred to in sub-rule (2) above will be able to ascertain the position and stage of every case in every track from the computer screen.

5. Whenever the roster changes, the judge concerned who is dealing with final matters shall keep himself informed about the stage of the cases in various tracks listed before him during every week, with a view to see that the cases are taken up early.

6. Writ of Habeas Corpus. - Notices in respect of Writ of Habeas Corpus where the person is in custody under orders of a State Government or Central Government shall invariably be issued by the Court at the first listing and shall be made returnable within 48 hours. State Government or Central Government may file a brief return enclosing the relevant documents to justify the detention. The matter shall be listed after notice on the fourth working day after issuance of notice, and the Court shall consider whether a more detailed return to the Writ is necessary, and, if so required, shall give further time of a week and three days time for filing a rejoinder. A Writ of Habeas Corpus shall invariably be disposed of within a period of fifteen days. It shall have preference over and above fast-track cases.

7. Other matters. - Civil Appeals and other matters in the High Court shall also be divided into different tracks on the lines indicated in sub-rules (2) to (5) above and the said provisions shall apply, mutatis mutandis, to the civil appeals filed in the High Court. The High Court shall make a subject-wise division of the appeals/revision application for allocation into different tracks.

8. Mode of Advance Service. - The mode of advance service provided in these rules shall apply, mutatis mutandis, together with directions contained in the practice directions issued by the Chief Justice for case flow management.

9. First Appeals to High Court:

(a) Service of Notice of Appeal. - In addition to the process for normal service as per the Code of Civil Procedure, advance notice should simultaneously be given by the counsel for the party who is proposing to file the appeal, to the counsel for the opposite party in the Trial Court itself so as to enable them to inform the parties to appear if they so choose even at the first hearing stage.

(b) Filing of Documents. - The Appellant shall, on the appeal being admitted, file all the essential papers within such period as may be fixed by the High Court for the purpose the High Court understanding the scope of the dispute and for the purpose of passing interlocutory orders.

(c) Printing or typing of Paper Book. - Subject to the order passed by the Court, printing and preparation of paper-books shall normally be done be the parties. After service of notice is effected, counsel for both sides should agree on the list of documents and evidence to be printed or typed and the same shall be made ready by the parties within the time to be fixed by the Court. Thereafter the paper book shall be got read)'. It must be assured that the paper books arc ready at least three months in advance before the appeal is taken up for arguments. Cause lists must specify if paper books have been filed or not.

(d) Filing of Written Submissions and time for oral arguments. -

(i) Both the appellants and the respondent shall be required to submit their written submissions with all the relevant pages as per the Court paper-book marked therein within a month of preparation of such paper-books, referred to in para (c) above.

(ii) Cause list may indicate if written submissions have been filed. If not, the Court must direct that they be filed immediately.

(iii) After the written submissions are filed, (with due service of copy to the other side) the matter should be listed before the Registrar (Judicial) of the parties to indicate the time that will be taken for arguments in the appeal. Alternatively, such matters may be listed in the Court for deciding the time duration and thereafter to fix a date of hearing on a clear date when the requisite extent of time will be available.

(iv) In the event that the matter is likely to take a day or more, the High Court may consider having a Caution List/ Alternative List to meet eventualities where a case gets adjourned due to unavoidable reasons or does not go on before a court, and those cases may be listed before a court where, for one reason or another the scheduled cases are not taken up for hearing.

(e) Court may explore possibility of settlement :

(i) At the first hearing of a First Appeal when both parties appear, the Court shall find out if there is a possibility of a settlement. If the parties arc agreeable even at that stage for mediation or conciliation, the High Court could make a reference to mediation or conciliation for the said purpose.

(ii) If necessary, the process contemplated by Section 89 of CPC may be resorted to by the Appellate Court so that the hearing of the appeal is not unnecessarily delayed. Whichever is the ADR process adopted, the Court should fix a date for a report on the ADR two months from the date of reference.

10. Writ Appeals. - An appeal to a Division Bench from judgment of a Single Judge may lie in the following cases :

(a) (1) Appeals from interlocutory orders of the Single Judge in original jurisdiction matters including writs ; (2) appeals from final judgments of a Single Judge in original jurisdiction ; (3) other appeals permitted by any law' to a Division Bench.

(b) Appeals against interlocutory orders falling under category (1) above should be invariably filed after advance notice to the opposite counsel (who has appeared before the Single Judge) so that both the sides will be represented at the very first hearing of the appeals. If both parties appear at the first hearing, there is no need to serve the opposite side by normal process and at least in some cases, the appeals against interlocutory orders can be disposed of even at the first hearing. If for any reason, this is not practicable, such appeals against interim orders should be disposed of within a period of a month.

(c) In cases referred to above, necessary documents should be kept ready by the counsel to enable the Court to dispose of the appeal against interlocutory matter at the first hearing itself.

(d) In all Appeals against interim orders in the High Court, in writs or civil matters, the Court should endeavor to set down and observe a strict time limit in regard to oral arguments. In case of Original Side appeals arising out of final orders in a Writ Petition or arising out of civil suits filed in the High Court, a flexible time schedule may be followed.

(e) The practice direction in regard to First Appeal should mutatis mutandis apply in respect of Original Side appeals against final judgments of the Single Judge.

(f) Writ Appeals arising from orders of the Single Judge in a Writ Petition should be filed with simultaneous service on the counsel for the opposite party who had appeared before the Single Judge or on service of the opposite party.

(g) Writ Appeals against interim orders of the Single Judge should invariably be disposed of early and at any rate, within a period of thirty days from the first hearing. Before Writ Appeals against final orders in Writ Petitions are heard, brief written submissions must be filed by both parties within such time as may be fixed by the Court.

11. Second Appeals. - Even at the stage of admission, the questions of law with a brief synopsis and written submissions on each of the propositions should be filed so as to enable the Court to consider whether there is a substantial question of law. Wherever the Court is inclined to entertain the appeal, apart from normal procedure for service as per rules, advance notice shall be given to the counsel who had appeared in the first appeal letter Court. The notice should require the respondents to file their written submissions within a period of eight weeks from service of notice. Efforts should be made to complete the hearing of the Second Appeals within a period of six months.

12. Civil Revision. - A revision petition may be filed under Section 115 of the Code or under any special statute. 'The provisions of case flow management rules in regard to Writ Appeals and First Appeals to the High Court, shall mutatis mutandis apply in respect of revision petitions.

13. Criminal Appeals. - (a) Criminal Appeals should be classified based on offence, sentence and whether the accused is on bail or in jail. Capital punishment cases, rape, sexual offences, dowry death cases should be kept in Track 1. Other cases where the accused is not granted bail and is in jail should be kept in Track II. Cases which affect a large number of persons such as cases of mass cheating, economic offences, illicit liquor tragedy, food adulteration cases, offences of sensitive nature should be kept in Track III. Offences which are tried by special courts such as POTA, TADA, NDPS. Prevention of Corruption Act, etc. should be kept in Track IV. Track V - all other offences.

(b) The endeavour should be to complete Track I cases within a period of six months. Track II cases within nine months. Track III within a year. Track IV and Track V within fifteen months.

(c) Wherever an appeal is filed by a person in jail, and also when appeals are filed by Slate, the complete paper-books including the evidence, should be filed by the Slate within such period as may be fixed by Court.

(d) In appeals against acquittals, steps for appointment of amicus curiae or State Legal Aid counsel in respect of the accused who do not have a lawyer of their own should be undertaken by the Registry (State Legal Services Committee) immediately after completion of four weeks of service of notice. It shall be presumed that in such an event the accused is not in a position to appoint counsel, and within two weeks thereafter counsel shall be appointed and shall be furnished all the papers.

14. Issuance of practice directions. - The Chief Justice may, from time to time, issue practice directions for effective implementation of case flow management rules by categorizing matters into Fast Track. Normal Track and Slow Track as well as Track-I, Track-II etc., and for shifting the case from one track to another depending upon the urgency, importance and other relevant aspects of the matters.

15. Code/Statute to prevail. - Wherever there is any inconsistency between these rules and the provisions of either the Code of Civil Procedure, 1908 or the Code of Criminal Procedure, 1973 or any other statute, the provisions of such Codes and statutes, shall prevail.

Chapter XII

Notice, Process fee and notice of Proceeding to Advocate General

A : Processes and Process Fee

a. any process which may be issued by the Court of its own motion solely for the purpose of taking cognizance of and punishing any act done for words spoken in contempt or its authority ;

b. any process issued a second lime in consequence of a mistake for which the Court or any of its officers is responsible or in consequence of an adjournment made otherwise than at the instance of a party;

c. any copy of a summons, notice or order affixed in a Court house or in the office of a Collector.

B: Other Fees

(C) Costs

(1) Appeals from Decree

(2) Second Appeals

(3) Appeals From Orders

(4) Revision

As determined by the Court

(5) Reviews

(Where notice is given and opposite party appears)

(i) In First Appeals, the costs to be fixed by the Court.

(ii) In Second and Miscellaneous Appeals the same costs as were allowed upon the hearing.

(6) Any other Appeal(s)

The same costs as were allowed at the previous hearing.

(7) Applications

(Where notice is given and opposite party appears)

To be fixed by the Judge or Judges who hear the application.

(8) Matrimonial (Including Divorce) Suits

(D) General Rules

B: Service of Notice Upon Parties

C : Notice of Proceeding to Advocate General

Chapter XIII

Paper Books

A : General

(a) The size shall be 32 by 64 cms. of fullscap folio.

(b) The type used in text shall be pica modern, solid, with italics where necessary, but long primer shall be used in printing accounts tabular matter and notes.

(c) Every tenth line on each page shall be numbered, i.e. the tenth line shall be numbered 10, the 20th line 20 and so on.

I. Memorandum of Appeal/Petition;

II. All the pleadings of all the parties;

III. Issues and documents;

IV. Evidence of the parties, deposition, as well as documentary;

V. Copies of the Judgments and decrees of the Courts below and all other as are relevant and the material for the disposal of the Appeal/Petition;

Chapter XIV

Judgment & Decree

Table showing Cases decided

(a) Two copies to the Secretary to the Government of India, Ministry of Home Affairs, under intimation to the Secretary to Government of Chhattisgarh, Law Department.

(b) One copy may be supplied to the Officer on Special Duty, Parliament Secretariat, Parliament House, in matters pertaining to the provisions of the Constitution of India or Laws made thereunder.

(c) One copy may be supplied to the Secretary, Election Commission of India in matters relating to elections and election petitions.

Chapter XV

Information, Inspection of Records and Issuance of copies

Certified Copies

Note. - In cases where copies are required of signed judgments or orders etc. The original signed orders shall remain in the file concerned and a copy thereof, duly signed in the margin by the Court Reader shall be sent to the copying Section, and copies applied for shall be issued from such copies.

(1) Application received on.........

(2) Applicant told to appear on..........

(3) Applicant appeared on...........

(4) Application (with or without further or correct particulars) sent to record Room on...............

(5) Application received from Record Room (with record or without Record for further or correct particulars) on............

(6) Applicant given notice for further or correct particulars on.........

(7) Applicants given notice for further funds on..........

(8) Notice in SI. No. 6 or 7 complied with on..........

(9) Copy read on..........

(10) Copy delivered on............

(11) Copy fee realized.

Note. - The signatures of the person or Advocate to whom copy is so given shall also be obtained in the register in which 'he application w;as registered, as acknowledgement.

Chapter XVI

Deposit and Repayment of money

(a) the name, description and address of the applicant claiming to be entitled to the money;

(b) the capacity in which such applicant claims to be entitled to the money;

(c) the cause, appeal, matter or proceeding in which, or the date of the order under which, the money to which the application relates was paid into the Court and the date and number of the deposit; and

(d) the precise amount for the payment of which an order is applied for.

(a) add to the application a request that the amount due less postal commission may be forwarded to his address by postal money order;

(b) obtain on the application the counter signature of a Magistrate as to his identity; and

(c) forward his application countersigned as aforesaid to the Registrar (Judicial) or the Officer authorized for the purpose and, if the identity seems to be sufficiently established, the amount, less postal commission may, under order of a Judge or of the Registrar (Judicial), or in the absence of Registrar General or the Additional Registrar, be sent to him by money order.

(1) By the Accountant -

(a) Register of deposits received;

(b) Register of receipts;

(c) Register of payment orders issued;

(d) Register of repayments of deposits;

(e) Ledger of security deposits; and

(2) By the Cashier -

(a) General Cash-book;

(b) Pass-book;

(c) Register of payments made in Court;

(d) Register of money orders received.

(a) the guard file of Challans, the registers of deposits and receipts, the register of payment orders issued and the register of payments made in Court with the Cashier's general cash-book ;

(b) the Treasury pass-book with the above; and

(c) the balance shown in the pre-emptory cash book with those in the general cash book.

Chapter XVII

Preservation and Destruction of Civil and Criminal Records and Registers A. Destruction of Records

I. Civil Records

(a) in original suits or papers other than those which are included in the D file of subordinate Civil Court.

(b) in all other civil proceedings the following: -

(1) Index.

(2) Memorandum of appeal.

(3) Petition for the exercise of the Court's power of revision.

(4) Reference under Rule 1, Order XLVI. Civil Procedure Code or other law.

(5) Notice, with report of service in ex-parte cases.

(6) Memorandum of objection under Rule 22 or 26 of Order XLI of the Code of Civil Procedure.

(7) Security bond for cost filed by an appellant.

(8) Petition for substitution, addition or striking out of name of parties or for substitution for names of legal representatives of a deceased party to the proceeding including petition for appointment of a next friend or guardian.

(9) Affidavits except affidavits presented with petitions.

(10) Depositions of parties or witness taken in this Court by the lower Court on remand.

(11) Commissions, proceedings held thereunder and reports and examination of Commission.

(12) Documents admitted in evidence in the Court.

(13) Orders impounding a document.

(14) Order imposing a fine on a witness.

(15) Application to refer to arbitration, references to arbitration, the award or other final return of the arbitrators with the proceedings, depositions and documents submitted therewith the Court's order thereon.

(16) Petitions and instruments of withdrawal, compromise or confessions of judgments.

(17) Order-shects including interlocutory orders.

(18) The Court's judgment or final orders.

(19) The decree and all documents relating to the preparation or amendments thereof.

(20) Copy of the lower Courts judgment.

(21) Intimation -from a Debt Conciliation Hoard regarding the decision of proceedings pending before it.

(22) Power of attorney or memorandum of appearance.

(23) Petition for the re-admission of any civil proceeding dismissed for default or for the rehearing of any civil proceedings decreed ex-parte with any affidavit or other documents filed therewith.

(24) Petition for review of judgment with any affidavit or other document filed therewith.

(25) Petition for amendment of decree with any affidavit of document filed therewith.

(26) Judgment of final order and petition preferred to in 23 to 25 (inclusive).

(27) Reference under Section 113, and Rule 1 of Order XLVI, First Schedule to the Code of Civil Procedure, 1908, or other law, with the final order.

(28) Note-sheets relating to the preparation and printing of the Supreme Court appeal record.

(29) Certified copy of order granting special leave to appeal to the Supreme Court.

(30) Certified copy of judgment and order of the Supreme Court.

(31) Two copies of the printed record (paper-books).

(32) Certified copy of stay order of the Supreme Court.

(33) Lists A and B of the record.

(34) Memoranda to Counsel issuing List A and B.

(35) Objections by parties to Lists A and B.

(36) lists of documents showing arrangement of documents in Part-11.

(37) Correspondence with the Registrar of Supreme Court.

(38) Certificate regarding security deposit by the appellant.

(39) Certified copy of order of the Supreme Court giving directions regarding preparation of printed records, etc.

(40) Office copy of List B.

Note. - The following papers are indicated for facility of reference as belonging to File B: -

(1) Certificate for legal practitioner's fee.

(2) Copy of lower Court's decree.

(3) Proceeding calling for the record of directing the issue of a notice.

(4) Notices.

(5) Lower Court's proceeding forwarding the record or notice served on respondent.

(6) Petition for postponement of execution or of sale, or for the issue of an injunction.

(7) Proceeding directing the issue of a notice to show cause.

(8) Notice to show cause, with the report of service.

(9) Respondent's application for security for cost being taken from the appellant.

(10) Petition for adjournment.

(11) Petition for records or account-books to be sent for.

(12) Petition for return of documents.

(13) Application for copies.

(14) Other applications which have been disallowed.

(15) Papers relating to preparation of estimates together with the lists of documents to be included in the paper-book and payment purchase.

(16) Translations of vernacular papers.

(17) Paper-books.

(18) Applications for preparing lists A and B, estimate of costs and depositing security.

(19) Application for extension of time of condoning delay in depositing the security and printing costs and filing objections to Lists A and B.

(20) Notices to the respondents of admission of appeal and to the parties regarding dis-patch of printed records to the Supreme Court.

(21) Bills prepared for the office work and the Printer's bills.

(22) Applications and affidavits for expediting the preparation of the printed record.

(23) Correspondence with the press.

(24) Lists of mistakes and defects detected in the printed paper-book.

(25) Postal acknowledgements etc.

(26) Correspondence with the solicitors.

(27) Applications for copies of printed Paper-books.

(28) Transcript of record prepared for the Press.

(29) Profits-first and final.

(30) Surplus copies of the printed records (paper-books).

(1) Index.

(2) Judgments and final orders of this Court with compromise, if any, on which the decree is based.

(3) Decrees.

(4) Petitions for withdrawing a case.

(5) Note-sheets relating to the preparation and printing of the Supreme Court Appeal Record.

(6) Certified copy of order granting special leave to appeal to the Supreme Court.

(7) Certified copy of judgment and order of the Supreme Court.

(8) Two copies of the printed record (Paper-book), of the surplus copies of the printed paper-book, shall be undertaken one year after receipt of the judgment and order of the Supreme Court without any reference to the litigants or Advocates concerned, provided however, that where such litigants apply to the Registrar, through their Advocates for the return of such copies., they may be-returned to such Advocates, provided that the application for return is made at least one calendar month before expiry of the aforesaid period. No notice to take back such copies will be issued from the High Court.

(9) Any other documents ordered by the Court to be retained permanently.

Note. - When a grant of probate or letters of administration with a copy of the Will annexed has been made, the original Will shall forthwith be forwarded to the Deputy Registrar as required by rule of the Rules published in the Registration Department Notification Nos. 1925A and 1925-B, dated the 4th December, 1919, and Judicial Department Notifications Nos. 78/202-A-V and 79 of 202-B-V, dated the 4th March. 1920.

(i) where the case is one in which an appeal to the Supreme Court is not allowed, when the case has been disposed of; and

(ii) where the case is one in which an appeal to the Supreme Court is allowed, when the time prescribed for such appeal has elapsed and no appeal has been preferred, or, if such appeal has been preferred, when the appeal has been disposed of.

II. Criminal Records

(1) Index.

(2) The memorandum of appeal or petition for revision or reference with a translation into English if the memorandum or petition is in the vernacular.

(3) Depositions of parties or witnesses taken in this Court or by the lower Court on remand.

(4) Order-sheet.

(5) Judgment or order of the High Court.

(6) Warrant.

(7) Power of attorney and memorandum of appearance.

(i) Criminal Appeals in non-bailable cases except summarily dismissed............. 14 years from the date of final order.

(ii) Criminal Appeals in non-bailable cases which have been summarily dismissed and Criminal Appeals in bailable case 6 years from the date of final order.

(iii) Criminal Revision 6 years from the date of final order.

(iv) Miscellaneous Criminal Cases 6 years from the date of final order:

III. General Rules

B. Destruction of Registers

(1) List of Register to be preserved permanently.

(2) List of Register to be eliminated after the expiry of prescribed period.

(3) Part I shall be divided into sections as follows: -

Section A - Registers to be preserved for 35 years.

Section B - Registers to be preserved for 14 years.

Section C - Registers to be preserved for 12 years.

Section D - Registers to be preserved for 6 years.

Section E - Registers to be preserved for 3 years.

Section F - Registers to be preserved for 1 year.

(4) Part I and each Section of Part II shall be divided into divisions, a separate division being opened for each different kind of register. A separate series of numbers shall be given to the registers entered in each division. Care should be taken to ensure that the space allotted to each division is such that the pages belonging to each division will be completely filled in approximately the same length of time.

(5) Part I and Part II shall be separately paged throughout and a table of content shall be made at the beginning of the Part showing which pages are allotted to each Section and each kind of register.

(6) On receipt in the Record Room a register will at once be entered, in the appropriate division of Part I or Part II as the case may be.

Part I

List of Registers to be preserved permanently

1. Register of Suits.

2. Register of First Appeals.

3. Register of Second Appeals.

4. Register of Miscellaneous Appeals.

5. Register of Writ Appeals.

6. Register of Civil Revisions.

7. Register of Miscellaneous Civil Cases.

8. Register of Criminal Appeals.

9. Register of Criminal Revisions.

10. Register of Sentences of death, submitted for confirmation.'

11. Register of Records destroyed.

12. Register of Re-cognized clerks of Advocates.

13. Office Order Book.

Part II

List of Registers to be eliminated after the expiry of a prescribed period.

Description of Registers

Section A (35 Years)

1. Register of Civil Court Deposit Receipts.

2. Register of Repayment of Civil Court Deposits.

Section B (14 Years)

1. Cashier's (General Cash Account).

Section C (12 Years)

1. Book of Deposit Repayment Vouchers.

2. Correspondence Registers.

3. Cashier's Account Book.

4. Register of Elimination of Records.

Section D (6 Years)

1. Head Copyist's Register of Application of copies.

2. Head Copyist's Detailed Account Book.

3. Head Copyist's Account Book.

4. Head Copyist's Duplicate Receipt Book.

5. Challan-Book of money sent into the Treasury.

6. Remittance List.

7. Register of monthly Business Statements.

8. Register of Miscellaneous Criminal Cases.

9. Register of Records received from the Lower Courts.

10. Register of Records dispatched.

11. (Cashier's) Book of Receipt for money.

12. Register of progress of cases in the pending and Paper-book Branches (Civil).

13. Head Copyist's Pass Book A and B.

14. Head Copyist's List of unexpected advances.

15. Estimator's Register of Estimates prepared.

Section E (3 Years)

1. Register of Inspection of Records.

2. Copying Branch Register of daily disposals.

3. Book of Requisition for Records (Civil and Criminal).

4. Register of work done daily in the Copying Section.

5. Book of Intimation to Lower Court of admission of Appeal.

6. Book of acknowledgement of Records returned.

7. Register of Applications received by post.

8. Register of process issued.

9. Register of progress of cases in the pending and Paper Book Branches (Criminal).

10. Consolidated Register of Bills of Costs for Paper Books.

11. Register of records deposited in Record Room.

Section F (1 Year)

1. Attendance Roll.

2. Disposal Ledgers.

3. Register showing work done daily by the Privy Council Clerk.

4. Register showing work done daily by each section in the Supreme Court Copying Sections.

5. Cause Book of petitions.

6. Register of Receipts and issues of Forms.

7. Register of work done daily in the Copying Section.

8. Register showing preparation of Records of cases for transmission to Supreme Court.

9. Register of distribution of work in the Translation Section.

10. Register of work done by Translators.

11. Register of work done by Notice Clerk.

12. Register of work done by Estimators.

13. Register of daily out-turn of typist in the Paper-Book Branch.

14. Consolidated Register of work done daily by each Translator.

Note. - Any other registers and papers of ephemeral nature for the preservation of which no specific period has been prescribed shall be destroyed at the end of one year.

Chapter XX

A: Rules under section 34(1) of the Advocates Act, 1961

(1) Advocates other than lady advocates : -

(a) Black buttoned up coat (Chapkan, achkan or Sherwani), Advocate's gown and bands, or

(b) Black open collar coat, white shirt, white collar (stiff or soft) with Advocate's gown and bands.

(2) Lady Advocates, -

(a) Sarees, salwar-kameej. Flake or shirt trousers (white).

(b) Black and full or half sleeve jacket or blouse, while collar (stiff or soft) with white bands with Advocate's gown.

B: Senior Advocate

Rules framed by the High Court of Chhattisgarh, at Bilaspur, in exercise of the powers conferred under Section 16 (2) of the Advocates Act, 1961

(i) by the Chief Justice or any of the Judges of the High Court;

(ii) by an application made by the Advocate desiring to be designated as such:

1. Name

2. Qualifications

3. Date of birth

4. Permanent Address

5. Address to which communications are to be sent

6. Date of enrolment as Advocate and where enrolled

7. Number in the roll of advocates maintained by the State Bar Council and the date on which enrolled

8. Are you a member of any Association of Lawyers? If so, give details.

9. Number of years' practise (or judicial service) and in which Court?

10. Have you specialized in any field of Law? If so, give details.

11. Have you been a chamber junior to any lawyer? If so, furnish the name of such Lawyer/Lawyers and the period held as such.

12. Is any junior lawyer attached to your chamber? If so, furnish name of such Lawyer and the period held as such.

13. (i) Since when have you been an assessee under the Income Tax Act in respect of your profession.

(ii) What is the gross income returned for last 3 years and the net income on which you have been assessed.

14. Are you in the panel or do you hold any office under the State or Central Government?

15. Reference to any important matter in which you have appeared.

16. Have you had to your credit any Journal? If so, give details.

17. Have you attended or participated in any seminar/conference relating to law?

18. Are you connected with any faculty of law.? If so, give details.

19. Has any application for designation as Senior Advocate been made to the High Court of Chhattisgarh or any other Court before? If so, with what result?

20. Are you ordinarily practising within the jurisdiction of the High Court of Chhattisgarh?

21. Other information/particulars, if any, including legal aid work.

C: Advocates Clerk's Rules

(i) To receive notices, and to obtain forms of notices from the office.

(ii) To obtain reports by the Stamp Reporter on civil appeals and application, and by the concerned Clerk on criminal appeals, before their presentation in Court.

(iii) To obtain office reports upon applications.

(iv) To present to the Registrar General or the Officer authorized for the purpose or Deputy Registrar or in the absence of the Deputy Registrar to the Assistant Registrar applications signed by his master for -

(a) Inspection of records and registers.

(b) Return of documents.

(c) Refund of surplus balances at credit,

(d) Inclusion of documents in a paper-book,

(v) To make application for copy under his signature, stating the name of the Advocate and description of the party represented by such Advocate stamps,

(vi) To take notes from deficiency reports of the Stamp Reporter and file necessary stamps.

(vii) To inspect records with his master, or with another Advocate if his master permits it and is himself empowered to inspect,

(viii) To deposit money and file Court-fees :

(ix) To receive paper-book, copies and the like.

(x) To file Vakalatnamas, retainer slips, certificates of fees, written forms of processes, and copies of papers and briefs.

(xi) To identify, if required and in a position to do so, persons making inspection of records or swearing affidavits.

(xii) To apply for copies in his own name, stating that the application is being made on behalf o his master to be named.

D: Prevention of Toutary

(a) 'tout' means a person who procures, in consideration of any remuneration moving from any advocate or from any person acting on his behalf, the employment of such advocate in any legal business, or who proposes to or procures any advocate, in consideration of any remuneration moving from such advocate or from any person acting on his behalf, the employment of the advocate in such business, or who, for purposes of such procurement, frequents the precincts of the Court.

(b) the passing of a resolution by the Supreme Court Bar Association or by a High Court Bar Association declaring any person to be tout shall be evidence of general repute of such person for the purpose of this rule.

Charter XIX

A: Rules under Section 82 of the Arbitration and Conciliation Act, 1996

(1) These rules may be called the Chhattisgarh Arbitration Rules, 2005.

(2) They shall come into force from the date notified by the Chief Justice.

(3) In these Rules "Act" means the Arbitration and Conciliation Act, 1996. Other expressions not defined herein shall carry the same meaning as they do under Section 2 of the Act.

(4) (i) Every application under Section 9, Section 14, Section 17, Section 27, Section 34, Section 39, and Section 43 of the Act shall be made in writing duly signed and verified in the manner prescribed by Order-VI, Rule 14 and 15 of the Code of Civil Procedure, 1908 and if the Court so directs, shall be supported by an affidavit. It shall be divided into paragraphs numbered consecutively and shall contain the name, description and place of residence of the parties. It shall contain statement in concised form -

(a) of the material facts constituting cause of action ;

(b) of facts showing that the Court to which the application is presented has jurisdiction ;

(c) relief asked for; and,

(d) names and addresses of the persons liable to be affected by the application :

(ii) An application for enforcement of an arbitral award under Section 36 or a foreign award under Section 47 or Section 56 shall be in writing signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the particulars prescribed in sub-rule (2) of Rule 11 of Order 21 of the Code of Civil Procedure, 1908.

(5) The Court Fees (in Court fee stamps) on the application/Vakalatnama/ Appeal made/preferred to the Court/Court of Appeal under the Act shall be payable according to the Schedule below : -

Schedule

A: Applications

B: Appeals

(6) Where the application made by the party is not in accordance with the provisions of these rules, the Court may reject the application.

(7) Every application shall, if the Court is satisfied that the same is in order, be numbered and registered as an arbitration case and every appeal shall be registered as an arbitration appeal.

(8) The Court to which an application is presented shall direct notice thereof to be given to the opposite party and to such other persons as are likely to be affected by the proceedings requiring to show cause within a time to be specified in the notice why the relief sought in the application be not granted. The notice shall be accompanied by a copy of the application and documents filed by the applicant.

(9) (1) Save as otherwise expressly provided in the Act or these Rules the following provisions of the Code of Civil Procedure, 1908 (V of 1908) shall apply to the proceedings before a Court in so far as they may be applicable thereto, namely : -

(i) Sections 28, 31, 35, 35A, 35B, 107, 133, 135, 148A, 149, 151 and 152; and,

(ii) Order 111, V, VI, IX, XIII, XIV, XVI to XIX, XXIV and XU.

(2) (a) For the purpose of facilitating the application of the provisions referred to under sub-section (1) the Court may construe them with such alterations, not affecting the substance, as may be necessary or proper to adopt to the matter before it; and

(b) The Court may, for sufficient reasons, proceed otherwise than in accordance with the said provisions if it is satisfied that the interests of the parties shall not thereby be prejudiced.

(10) The process fees in relation to the proceedings before the court shall be charged as per Chapter XX of the Chhattisgarh Civil Court Rules, 1961 as if the proceedings were the proceedings in suit.

B: Scheme for Appointment of Arbitrator by the Chief Justice

(1) Short title & commencement. - This scheme may be called "the Scheme for Appointment of Arbitrators by the Chief Justice of Chhattisgarh High Court, 2002. This scheme shall come into force with effect from the date of its publication in the official gazette.

(2) Submission of request. - The request under sub-section (4) or sub-section (5) or sub-section (6) of Section 11 of the Act shall be made in writing, signed and verified and accompanied by : -

(a) Original arbitration agreement or a duly certified copy thereof;

(b) the names and addresses of the parties to the arbitration agreement;

(c) the names and addresses of the arbitrators, if any, already appointed;

(d) the name and address of the person or institution, if any, to whom or which any function has been entrusted by the parties to the arbitration agreement under the appointment procedure agreed upon by them;

(e) the qualification required, if any, of the arbitrators by the agreement of the parties;

(f) a brief written statement describing the general nature of the dispute and the points at issue;

(g) the relief or remedy sought; and

(h) an affidavit, supported by the relevant documents to the effect that the condition to be satisfied under sub-section (4) or sub-section (5) or subsection (6) of Section 11 of the Act, as the case may be, before making the request has been satisfied and how it has been so satisfied.

(3) Authority to deal with the request. - (i) For the purpose of dealing with the request made under paragraph 2 the Chief Justice hereby designates the District Judge/Additional District Judges, where the value of the subject matter does not exceed 25 lakhs rupees.

(ii) The request involving the sub-matter exceeding 25 lakhs rupees shall be dealt with by the Chief Justice himself or he may designate any Judge of the High Court for this purpose by a general or special order.

(iii) The requests falling under sub-para (i) shall be placed before the District Judge for appropriate allotment and the requests falling under sub-para (ii) shall be placed before the Chief Justice or his designate.

(4) Requests and communications to be sent to Additional Registrar (Judl.). - (i) All requests under this Scheme and communications relating thereto, which are addressed to the Chief Justice, shall be presented to the Registrar (Judicial) of the High Court, who shall maintain a separate Register of such requests and communications.

(ii) The Additional Registrar (Judicial) shall examine the memo of request and submit his report to the Chief Justice or to his designate, as the case may be, as to whether the request has been made in accordance with paragraph (2) and payment of Court fee in accordance with paragraph 10.

(5) Seeking further information. - The Chief Justice or his designate may seek such further information or clarification or documents from the party making the request under this Scheme as he may deem fit and the party making the request shall file as many copies of the written information or clarifications or copies of documents as may be required.

(6) Rejection of. - Where the request made by any party is not in accordance with the provisions of this Scheme, the Chief Justice or his designate may reject the same.

(7) Notice to affected person. - Where the request is not rejected under paragraph 6, the Chief Justice or his designate shall direct that a notice of the application be given to all the parties to the arbitration agreement and to such other person or persons likely to be affected by such request to show cause within the time specified in the notice as to why the appointment of the arbitrator(s) or the measures proposed to be taken should not be made or taken and such notice shall be accompanied by copies of all documents referred to in paragraph 2 or, the information or clarification or copies of documents, if any, sought under paragraph 5, as the case may be.

(8) Intimation of action taken on request. - The appointment made or measures taken by the Chief Justice or his designate shall be communicated in writing to : -

(a) the parties to the arbitration agreement;

(b) the arbitrator, if any, already appointed by the parties to the arbitration agreement;

(c) the person or the institution referred to in paragraph 2(d); and

(d) the arbitrator appointed in pursuance of the request.

(9) Delivery & Receipt of Written Communication. - The provisions of subsections (1) and (2) of Section 3 of the Act shall, so far as may be, apply to all written communications received or sent under this Scheme.

(10) Costs for processing requests. - A request under paragraph 3(i) shall be accompanied by court fee stamps or Rs. 1,000/- and under paragraph 3(ii) by Rs. 2,000/-.

(11) Interpretations. - If any question arises with reference to the interpretation of any of the provisions of this Scheme, the question shall be referred to the Chief Justice, whose decision shall be final.

(12) Power to amend the Scheme. - The Chief Justice may from time to time amend by way of addition or variation, any provision of this Scheme.

Chapter XX

Rules under Special Acts

(A): Rules for the Disposal of Election Petitions filed under the Representation of the People Act, 1951

(a) "the Act" means the Representation of the People Act, 1951;

(b) "the Code" means the Code of Civil Procedure, 1908;

(c) "the Court" means the High Court of Chhattisgarh at Bilaspur;

(d) "the Judge" means the Judge or Judges of the Court who front time to time, have been assigned by the Chief Justice under sub-section (2) of Section 80-A of the Representation of the People Act, 1951, for exercising the jurisdiction of the High Court under sub-section (1) of Section 80-A of the Act;

(c) "the Commission" means the Election Commission of India.

(a) typewritten or printed fairly and legibly on foolscap size paper of reasonable quality, one side of the paper only being used, leaving a quarter margin on the left and at least 1 */2 inches open space on the top and bottom of each sheet.

(b) written in English, numbering separately the paragraphs thereof;

(c) couched in proper language, and in conformity with Sections 81, 82 and 83 of the Representation of the People Act, 1951.

(a) the name of the street, lane or municipal ward and the number of the house, if any;

(b) the name of the town or village;

(c) the post office; and

(d) the tehsil and the district.

Scale

Note 1. - Travelling allowance will be payable for the journey performed by the shortest route.

Note 2. - If in addition to travelling by rail a witness is required to travel by bus also, the actual bus fare paid for such part of the journey shall also be admissible for travelling allowance.

Note 3. - Diet allowance shall be payable, irrespective of the distance travelled, for the actual time required for journey each way and also for the time taken in giving evidence and for the time of detention necessary for the purpose of giving evidence. A part of the day shall be counted as equal to a day.

Note 4. - (a) The Registrar (Judicial) of the Court shall decide as to which class a witness belongs or which of the alternative modes of travelling should be allowed in a particular case. A witness dissatisfied by his decision may request that a reference be made to the Judge. The Judge thereupon shall give such directions as he thinks just and proper in the case.

(b) Payment shall be made to the witness out of the amounts deposited with the Cashier after the witness has given evidence or he is discharged by the Judge and a certificate to either effect has been given by the "Bench Clerk".

B: Rules under the Bankers' Books Evidence Act, 1891 (XVIII of 1891)

C: Rules under the Chartered Accountants Act, 1949 (Act XXXVIII of 1949)

(a) The finding of the Council ;

(b) The Report of the Disciplinary Committee;

(c) Complaint or information ;

(d) Written statement in defence ;

(e) Deposition of witnesses, affidavits, exhibits and other oral and documentary evidence.

(f) Notes of the hearing before the Disciplinary Committee.

(g) Such other papers as were before the Disciplinary Committee and the Council as the Council may consider relevant or the High Court may require for the disposal of the case.

Annexure

Form Of Notice

In the High Court of Chhattisgarh at Bilaspur Miscellaneous

Civil Case (Ch. Ace.) No................of.........

..................................Referring Authority.
........................................Respondents.

(1)....................................Member of the Institute, the Respondent (above named).

(2) Secretary to the Council of the Institute of Chartered Accountants of India.

(3) Secretary to the Government of India (Ministry of Finance), New Delhi.

By Order of the High Court

Section Officer

D : Rules under Section 4 of the Powers of Attorney Act, 1882 (Act VII of 1882)

(i) Description of documents ;

(ii) Date ;

(iii) By whom deposited ;

(iv) When deposited.

E : Rules under Section 73 of the Copyright Act, 1957 (Act XIV of 1957)

(1) 'Act' means the Copyright Act, 1957;

(2) 'Registrar of Copyrights' includes the 'Deputy Registrar of Copyrights' to whom any particular function of the Registrar of Copyrights may be assigned in pursuance of Section 10(2) of the Act:

(3) 'Board' means the 'Copyright Board' constituted under Section 11 (i) of the Act.

(4) 'Court' means the High Court of Chhattisgarh at Bilaspur.

(5) 'Registrar' and 'Deputy Registrar' mean, respectively, Registrar (Judicial) and the Deputy Registrar of the High Court of Chhattisgarh.

(6) 'Section' means a Section of the Act.

F : Rules under the Contempt of Courts Act, 1971 (Act No. 70 of 1971)

(1) 'Act' means the Contempt of Court Act. 1971 (Act 70 of 1971);

(2) 'High Court' means the High Court of Chhattisgarh at Bilaspur;

(3) 'Code' means the Code of Criminal Procedure, 1973 (Act 2 of 1974);

(4) 'Subordinate Court' means any court subordinate to the High Court of Chhattisgarh;

(5) 'Registrar' means the Registrar (Judicial) of the High Court and shall include Additional/Deputy/Assistant Registrars;

(6) All other words and expressions used in these rules but not defined therein shall have the meanings respectively assigned to them in the Act, 'Civil Contempt' and 'Criminal Contempt' shall have the same meaning as in the definitions in the Contempt of Court Act, 1971.

Notices

Enquiry

Contempt Of Courts Case

Form No. 1

Notice to Accused

In the High Court of Chhattisgarh, Bilaspur

Misc. Criminal/Civil Case No.

(Here mention the name and address of rite accused)

Registrar

*Strike off if unnecessary

Contempt Of Courts Case

Form No. 2

Warrant for production of accused

In the High Court of Chhattisgarh, Bilaspur

Misc. Criminal/Civil Case No.

The Superintendent of Police
.....................District

Registrar

Contempt Of Courts Act

Form No. 3

Warrant of commitment to prison

In the High Court of Chhattisgarh, Bilaspur

Misc. Criminal/Civil Case No.............

The Superintendent of Jail
..................................

Registrar

G : Rules for Regulating Testamentary and Intestate Proceedings Rules of Procedure

(i) 'the Act' means the Indian Succession Act, 1925, as from time to time amended or modified.

(ii) 'Registrar' means the Registrar of the High Court, or such officer of such Court as may be authorized by the Chief Justice to perform such duties as are by these rules assigned to the Registrar;

(iii) 'Will' includes a codicil.

(i) an affidavit of one of the attesting witnesses, if procurable (in the prescribed format),

(ii) an affidavit of valuation in the form set forth in Schedule 3 of the Court-fees Act, 1870, and

(iii) a Schedule of property of the deceased (in the prescribed format).

(ii) Where an application for a grant of representation such as probate, letters of administration or succession certificate is applied for within six months of the death of the deceased, the executor of the deceased shall annex to the affidavit of valuation to be filed in Court under Section 191 of the Court Fees Act, 1870, an account of all the property in respect of which estate duty is payable upon the death of the deceased.

'I................the executor (or administrator), named in the above inventory, do hereby declare that the said inventory is in every respect true, perfect and correct to the best of my knowledge, by information received from............. and believed to be true, and that the same contains a full, true and perfect inventory of all the property in the possession of the decease at the date of his death and of all credits owing to him, and of all debts owing by him; or

'I...........the executor (or administrator), named in the above account, do hereby declare that the said account is true, perfect and correct to the best of my knowledge, by information received from and believed to be true and that it gives a full, true and perfect account of all the estate and effects of the deceased which has or have come into my hands, possession power, control, custody or knowledge and of the deposition of the same.'

Contentious Business

H. Rules under Sections 14 and 21 of The Hindu Marriage Act, 1955

(Act No. XXV of 1955)

(1) Every petition under the Hindu Marriage Act (Act XXV of 1955) hereafter called the "Act" shall be accompanied by a certified copy of extract from the Hindu Marriage Register maintained under Section 8 of the Act or from the Register of Marriage maintained under any other Act where the marriage has been registered under some other Act and where a certified copy of extract can be granted to the petitioner.

(2) Contents of petitions. - Every petition shall state -

(i) The name of the Court in which the petition is presented;

(ii) The name of the parties, their ages, description and places of residence ;

(iii) The place and date of marriage;

(iv) The principal addresses at which the parties to the marriage reside or last resided together, with the jurisdiction of the Court;

(v) Whether there is any living issue of the marriage, and if so, the names and dates of birth of such issues;

(vi) Whether there have been in any Court in India previous proceedings with reference to the marriage by or on behalf of either of the parties, and if so, the particulars and the results of such proceedings ;

(vii) Details of the facts specified in Section 20 (1) of the Act so far as they are known to the petitioner. In particular the details shall include -

(a) If the petitions for restitution of conjugal rights, the date when and the circumstances in which the respondent withdrew from the society of the petitioner:

(b) If the petition is for judicial separation -

(i) the date and place of the desertion, cruelty, or sexual intercourse which is made the grounds for relief and in case of sexual intercourse, the name and address of the person or persons with whom the respondent had sexual intercourse ;

(ii) the period of leprosy, venereal disease or unsoundness of mind . which is made the ground for relief ;

(c) If the petition is for a decree of nullity on the grounds of contravention of clause (i) of Section 3 of the Act, the name and address of the spouse;

(d) If the petition is for a decree of nullity on the grounds specified in clause (c) of Section 12 of the Act, the date and particulars of the force or fraud, as the case may be, by which the consent was obtained and the date on which the force ceased to operate or the fraud was discovered ;

(e) If the petition is for divorce on the ground of -

(i) Conversion, unsoundness of mind, leprosy, venereal disease, renunciation of the world or another marriage, the date and place of the act or disease :

(ii) Adultery, rape or sodomy, the date and place of the act or acts and the name and address of the person or persons with whom these acts were committed by the respondent;

(iii) Presumption of death, the last place of co-habitation of the parties, the circumstances in which the parties ceased to cohabit, the date when and the place where the respondent was last seen or heard of and the steps which have been taken to trace the respondent.

(viii) The property mentioned in Section 27 of the Act, if any relief is claimed in respect thereof;

(ix) Relief or reliefs.

(3) Application for leave under Section 14 of the Act. - Where any party to the marriage desires to present a petition for divorce within (one) year of such marriage, he or she shall apply by an application for leave of the Court -

(i) The application shall be accompanied by the petition intended to be filed.

(ii) The application shall be supported by an affidavit made by the application and shall state the following particulars : -

(a) the ground on which the application is made ;

(b) particulars of the hardships or depravity alleged ;

(c) whether there has been any previous application for this purpose, if so, its details;

(d) whether there are living any children of the marriage, and if so, their names and dates of birth or ages, and where and with whom they are residing ;

(c) Whether any, and if so, what attempts at reconciliation have been made ;

(f) any other circumstances which may assist the Court to determine the question whether there is reasonable probability of a reconciliation between the parties.

(iii) Notice of the application along with the copy of the application and of the petition shall be served on the respondent.

(iv) When the Court grants leave, the petition shall be deemed to have been duly filed on the date of the said order.

(4) Application for alimony and maintenance. - Every application for alimony and maintenance shall be supported by an affidavit made by the applicant and shall state the average monthly income of the petitioner and the respondent, the source of these incomes, particulars of other movable and immovable property owned by them, the number of dependents on the petitioner and the respondent, and the names and ages of such dependents.

(5) Notice. - The Court shall issue notice to the respondent and co-respondent, if any. The notice shall be accompanied by a copy of the petition. The notice shall require unless the Court otherwise directs, the respondent or co-respondents to file his or her statement in court within a period specified by the Court along with a copy for the use of the petitioner.

(6) Service of petition. - Every petition and notice under the Act shall be served on the party affected thereby in the manner provided for service of summons under Order V of the Civil Procedure Code.

(7) Taxation of Costs. - Unless otherwise directed by the Court, the costs of the petition under the Act shall be costs as taxed in a suit.

(8) Transmission of certified copy of the decree. - The Court shall send a certified copy of every decree of nullity or divorce to the Registrar in charge of the Hindu Marriage Register maintained under the Act or to the officer in charge of the Marriage Register maintained under any other Act containing an entry about the marriage annulled or dissolved by the decree.

(9) Appeals. - Appeals to the High Court from the decrees and orders of the District Court shall be governed by the Rules of the High Court as far as may be applicable.

I. Rules under Section 50 (1) except clauses (a) & (i) of the Guardian and Wards Act, 1890 (Act No. VIII of 1890)

Chhattisgarh Guardians and Wards Rules, 1963

(a) That he shall not remove the ward from the limits of the Court's jurisdiction (section 26 of the Act).

(b) That he should take due care of the properties entrusted to him in the manner stated in Section 27.

(c) That he is not authorized to make transfer or do any of the acts mentioned in Section 28 and 29 without the permission of the Court.

(d) That in the case of a guardian, other than the Collector, his powers are liable to be restricted or extended by order of the Court (Section 32).

(e) That he can, in the case of necessity, submit any question relating to the management of the property of his ward for the opinion or advice of the Court (Section 33).

(f) That in cases mentioned in Section 35 and 36, the remedies provided therein are available against him.

(g) That for reasons stated in Section 39, he is liable to be removed from his office.

(h) That for reasons given in Section 44 and 45, he is liable to the penalties stated therein.

(i) That he is in general bound by the provisions of the Act, the rules framed or to be framed thereunder and the order of the Court passed under the Act. His attention shall also be drawn to any special restrictions on the powers as guardian which may be imposed by the Court at the time of issuing the certificate.

Note. - No ministerial officer employed in the Judicial Department shall be appointed or declared as such officer to be guardian of the person or the property of a minor nor shall any such official be appointed or declared as aforesaid in his private capacity, unless he has been appointed by will or other instrument or is by reason of relationship to the minor or other special circumstances unconnected with his official position suited to act as guardian.

(ii) For statistical purposes an application for an order of guardianship shall be treated as "disposed of" as soon as a guardian has been appointed and has furnished the requisite security or the application has been rejected or dismissed, as the case may be.

(iii) An application under Section 31 shall be treated as "disposed of' as soon as the permission for sale etc. has been given or refused.

(iv) Proceedings in connection with annual accounts shall be treated as "disposed of' as soon as the Court after an examination of the accounts by itself or by an officer appointed for the purpose has satisfied itself of the correctness thereof or proceedings taken in consequence of such examination have terminated.

Note. - The deposit money in a private bank in the name of the District Judge or other Government Officer as guardian of a ward's estate, is prohibited.

(ii) The Court shall certify that it has scrutinized the accounts or has had them audited, as the case may be, and shall record such remarks as may be necessary thereon. The Court shall thereafter, when duly satisfied with the accounts, countersign the same.

Form 'A'

Schedule to Form A

Form 'B'

Notice under Section 11 of Act VIII of 1890

Civil Suit No................of 20...

Judge.

(1) Appointment of declaration as the case may be.

(2) State whether to the person or the property of the minor, or to both.

(3) Name of person, father's name and place of residence in case of notice under clause (a) of Section 11 "the public" in the case of general notice under clause (b).

(4) Appointed or declared.

Form 'C'

Judge.

Form 'D'

Form of Bond under Section 34 of Act VIII of 1890

Signature and sealed by the above named............................................(Seal)

(11)...............................................................................(Seal)

...................................................................................(Seal)

Form 'E' (1)

Immovable property

Move able property

Particulars

(a) Details should be given on the tenure on which land is held. The size of building and the materials of which they are built should be given.

(b) Here state whether cultivated through servants or relatives or let on rent or cultivated by tenants. If occupied by tenants the nature of the tenancy should be stated. In case of building state whether occupied by minor or family or let on rent or hire, etc.

(c) This will assist the court in determining the amount of security to be taken from the guardian.

Form 'E' (2)

District.............

Debts due to the estate of the minor

Debts due by Hie estate of the minor

(a) Whether registered or unregistered bond or debt or book account etc.

Form "F"

Ward

Guardian

Subsequent Proceedings

Form "G"

Register of Estates of Wards under the District Judge

Rules under sub-section (1) (A) and (I) of Section 50

1. With the annual statements of civil business for the previous year which arc required to be submitted by the 15th February each year the District Judges shall submit to the High Court a report of the working of the Guardians and Wards Act 1890, specially on the management of ward's estates.

2. When it appears to the Court at the time of passing an order of appointment or declaration of a guardian, or at the annual inspection of the ward or otherwise, that orders are required as to the education of the ward, the Court shall pass such orders as appear to suit the case, regard being had to the present position and future prospects of the ward's family and to the intellectual capabilities of the ward himself.

Rules

(a) "Act" means the Banking Companies Act, 1949 (Act X of 1949), as amended by Act XX of 1950, or as may be amended from time to time.

(b) "Banking Company" means a company to which the provisions of the Act apply.

(a) In proceedings in Court: -

"In the High Court of Chhattisgarh at Bilaspur"

"In the matter of the Banking Companies Act, 1949, and..............Bank Limited".

(b) In advertisements, proclamations, notice and other proceedings not before the Court.

"In the matter of Banking Companies Act, 1949, and of...............Bank Limited."

(b) Jurisdiction. - Such petitions shall be heard and disposed of by a Judge sitting alone.

(b) All notices directed to be given to any party or to the Reserve Bank shall be accompanied by a copy of the petition and affidavit, and shall be sent by registered post with acknowledgement due.

K: Rules under Section 45-N and 45-U, Banking Companies Act, 1949

(Act X of 1949)

1. Short title, commencement and application. - These rules shall be called the Chhattisgarh High Court Banking Companies Rules, 2005 and shall come into force from a date to be notified by the Chief Justice, and shall apply to all proceedings under the Banking Companies Act, 1949.

2. Definitions. - In these rules, unless the context or subject matter otherwise requires : -

(a) "Act" means the Banking Companies Act, 1949 (X of 1949) as amended by Act XX of 1950 and Act LII of 1953, or as may be amended from time to time.

(b) "Banking Company" means a company to which the provisions of the Act apply.

(c) "Court" means the High Court of Chhattisgarh at Bilaspur.

3. Title to proceedings advertisements, etc. - The following shall be used as the entitling (or heading) in every petition or notice of application, advertisement, proclamation, notice or other matter to which these rules apply.

(a) In proceedings in Court : -

"In the High Court of Chhattisgarh at Bilaspur!'

"In the matter of the Banking Companies Act, 1949, and of...................Bank Limited."

(b) In advertisement, proclamation, notices and other proceedings not before the Court.

"In the matter of Banking Companies Act, 1949 and of........................Bank Limited."

4. Application of Indian Company Rules. - Save, as is expressly provided in these rules, the rules framed under the Indian Companies Act, 1913 shall apply to proceedings under Act, and all forms prescribed under the Indian Companies Act, where appropriate shall mutatis mutandis apply to proceedings under the Act.

5. Application of the Code of Civil Procedure. - The provisions of the Code of Civil Procedure, in so far as they are not inconsistent with these rules or with the Act, shall apply to all proceedings under the Act.

6. (a) Mode of proceedings. - An application under any of the sections of Part III or III-A of the Act shall be made by petition which shall be signed and verified in the same manner as a plaint. The petition shall be supported by an affidavit, and shall be presented to the Judge taking Company winding up matters or to such other Judge as the Chief Justice may direct. The Judge shall hear the said application and pass such orders and give such directions as he deems proper, including directions for notice of the petition being given to such person or persons as may seem to him likely to be effected by the proceedings.

(b) Jurisdiction. - All applications referred to in sub-rule (a) all matters and proceedings connected with such applications, and all proceedings transferred to the High Court under Section 45 (G(3) of the Act shall be heard and disposed of by a Judge sitting alone.

7. Notice. - (a) In addition to the advertisement and notice provided for in the rules framed by this Court under the Indian Companies Act, 1913, notice of application for winding up a Banking Company, made by persons other than the Reserve Bank shall be served on the Reserve Bank.

The notice shall also state that in default of an application from the Reserve Bank asking to be appointed the official liquidator, the Court may, if necessary proceed to appoint an official liquidator other than the Reserve Bank.

(b) All notices directed to be given to any party or to the Reserve Bank shall be accompanied by a copy of the petition and affidavit, and shall be sent by registered post with acknowledgement due.

8. (a) When passing the winding up order, or at any time thereafter, the Court may direct the Publication of an advertisement in such manner as the Court considers necessary calling for information about losses caused to the banking company acts or omissions of any person to the promotion or formation of the banking company or of any director or auditor of the banking company to be sent by post or otherwise to tile Official Liquidator within 14 days or within such time as the court may fix.

(b) In preparing his report under Section 45-G (1) of the Act, the Official Liquidator, shall take into consideration the information, if any, received in answer to an advertisement contemplated in the foregoing rule and all information available from the records of the banking company or from any other source. The report shall clearly state the source of information and the reasons for the conclusion arrived at. The Official Liquidator shall submit his report to the Court within two months from the date of the winding up order or within 12 days from the last date fixed in the advertisement, if any, for receipt of information, whichever is later.

9. Proof of claims. - Notwithstanding anything to the contrary contained in the Indian Company Rules, every depositor whose name appears as a depositor in the books of the company shall be admitted as a creditor for the amount so appearing in the books of the company without proof, unless the official liquidator has reason for doubting any particular entry in which case he may call upon the depositor so admitted without proof of claim. The Official Liquidator shall notify every depositor so admitted without proof of the amount for which he has been admitted as a creditor.

10. Settlement of list of debtors. - (a) On receipt of a list of debtors from the Official Liquidator, the court shall issue notice to all persons affected giving details of the amount and nature of debt in each case and calling for objections to be filed within 30 days from the date of the receipt of the notice and shall fix a date for the settlement of the list of debtors.

(b) On the day fixed or on any day to which the matter may be adjourned, the Court shall consider the objections, if any, and settle the list of debtors to the extent possible and fix a date of enquiry into the debt not included in the settled list.

(c) All enquiries under the Act shall be by affidavit evidence, unless the Court specifically permits also interrogatories, or orders in any particular case evidence viva vice or by commission.

11. Set off. - In all claims for the money by or against a Banking Company, the opposite party shall be entitled to plead by way of set-off or counter-claim any amount which he or it may claim against the claimant,

12. Court-fees on claims. - The Court.fee-payable on claims for money (whether secured or unsecured) on a claim to set-off made against such claims or counter-claims shall be as follows : -

Claims, counter claims or set-off. -

13. On every appeal from an order, decree or decision passed under the provisions of Part III or Part II - A of the Act, the Court-fee paid shall be as under : -

14. Subject to the provisions of the Act, the Court shall have and exercise the same powers in respect of certificate issued under sub-section (6) of Section 45-D as it has and exercise in respect of decrees passed by it.

15. Appeal. - (a) An appeal under Section 45-N (I) of the Act shall be filed within 20 days from the date of the order or decision appealed against, and shall be heard by a bench of two judges other than the Judge from whose Judgment the appeal is preferred and shall be treated as a first appeal to the High Court.

(b) An Appeal shall lie to this Court, from the Judgment or order of one Judge passed in the exercise of original criminal jurisdiction where the Judge who passed the Judgment or order, declares at the time of passing Judgment or order that the case is a fit one for appeal.

(c) An appeal as provided for in sub-rule (b) shall be filed within 15 days from the date of Judgment or order appealed against and shall ordinarily be heard by a Bench of two Judges.

16. Expediting. - All proceedings under the Act shall be treated as urgent.

17. Presentation and hearing of complaints. - (i) Proceedings under Section 45-1 of the Act shall commence with a complaint presented by the official liquidator to the Judge dealing with winding up proceedings or to such Judge as the Chief Justice may direct. On presentation of the complaint, the Judge may issue summons or a bailable or non-bailable warrant against the accused and shall fix a date for the trial or may dismiss the complaint as he may in his discretion think fit.

(ii) In the case of trial under Section 45-J (I), the procedure provided in the Criminal Procedure Code for the trial of summons cases shall in so far as it is not inconsistent with the provisions of the Act, be applicable.

(iii) In the case of trial under Section 45-J(4) the procedure provided in the Criminal Procedure Code for the trial of warrant cases shall in so far as it is not inconsistent with the provisions of the Act, be applicable.

(iv) Any offence punishable under this Act or under the Indian Companies Act, 1913 with imprisonment for a term which does not exceed two years or with fine which does not exceed one thousand rupees may be tried in a summary way either independently or along with any other offence with which the accused may, under the Code of Criminal Procedure, be charged at the same trial.

(v) Offences, cognizance of which is taken for summary trial, shall be tried by the Judge for the time being dealing with winding up proceedings. All other offences shall be tried by a Judge other than the Judge for the time being dealing with winding-up proceedings.

18. Process in Criminal cases. - All processes in criminal cases shall issue from the office of the Registrar.

19. Where under this Act or under any other law applicable to banking companies or under the rules, time can be extended for the doing of any act, this Court may extend lime either before or after the expiration thereof upon such terms, if any, as the court thinks fit to impose.

L: Rules for Proceedings under Section 66, Indian Income Tax Act, 1922

(Act XI of 1922)

Final Rules framed to regulate Proceedings

1. On receipt of a reference from the Income - Tax Appellate Tribunal under Section 66 (1) of the Act starting a case for the opinion of the High Court it shall be registered as a Miscellaneous Civil Case.

2. The Registrar, Income - tax Appellate Tribunal shall together with the referenced, submit the following documents : -

(i) a copy of the order of the Income-tax Officer;

(ii) a copy of the order of the Appellate Assistant Commissioner or Commissioner;

(iii) a copy of the order of the Income-tax Appellate Tribunal under Section 33 of the Act; and

(iv) documents or copies thereof (with the translation in English where necessary) as have been specified by the parties in the lists submitted to the Tribunal under rules 35 and 41 of the Appellate Tribunal Rules, 1946.

He shall also submit four true and identical copies of the reference and its enclosures for being incorporated in the paper-books.

3. The Registrar shall admit the reference and shall cause notices to be served on the parties intimating the date of hearing of the case.

4. An application under Section 66 (2) of the Act shall comply with the provisions of rules 2 and 3 of Chapter IV of the Rules of the High Court and shall be registered as a Miscellaneous Civil Case. It shall be accompanied by two copies (one of which shall be certified copy) of the following documents : -

(i) the order of the Income-tax Officer;

(ii) the order of the Appellate Assistant Commissioner or Commissioner;

(iii) the order of the Appellate Tribunal under Section 33 (4) of the Act;

(iv) the order of the Appellate Tribunal refusing to refer the case together with the application under Section 66 (1) of the Act; and

(v) any other paper or document which the applicant considers necessary for the disposal of the application.

5. Such application shall set out in a concise form the material facts, giving rise to the alleged question or questions of law that are required to be stated by the Appellate Tribunal.

6. A certificate from the Income - tax Appellate Tribunal to the effect that the assessee has not withdrawn his application for reference under Section 66 (1) ibid before the said Tribunal shall be produced at or before the hearing unless the Court otherwise directs.

7. The applicant shall within three weeks, of the date of admission of the application file four additional true and identical copies of the application and the document mentioned in rule 4, for the preparation of the paper books for the Judges and the parties, unless the Court otherwise directs.

8. An Application under Section 66 (3) of the Act shall comply with the provisions of rules 2 and 3 of Chapter 4 of the Rules of the High Court, and shall set out in a concise form the facts on which the Appellate Tribunal has rejected the application as time barred. It shall be accompanied by two copies of the order of the Appellate Tribunal, of which one shall be a certified copy and an affidavit by some person acquainted with the facts.

9. The applicant shall, within three weeks of the date of admission of the application, file one certified copy and four true and identical copies of the documents which he considers necessary for the disposal of the application in addition to four true and identical copies referred to in rule unless the Court otherwise directs.

10. Service of notice contemplated in these rules shall be deemed sufficient, if made on counsel for the party.

11. In reference under Section 66 (1) and to applications under Section 66 (2) and 66 (3) of the Act, the Commissioner of Income tax shall be shown as the "Applicant" or the "Opposite Party" as the case may be.

12. The Court hearing applications and/or references under Section 66 of the Act shall be a Division Bench of two Judges, unless the Chief Justice order that any such application or reference shall be heard by a larger Bench.

13. After the judgment or the final order is passed two copies of the Judgment or the Order shall be sent to the Registrar, Income - tax Appellate Tribunal having jurisdiction and one to the Commissioner of Income-tax having jurisdiction.

14. If the Court orders the preparation of a paper - book in office, the provisions of the rules in Chapter VIII of the High Court Rules regarding preparation of paper-books in civil cases shall apply mutatis mutandis to these cases.

15. In the rules, the expression "the Act" means the Indian Income tax Act, 1922 (XI of 1922) as amended from time to time.

M: Rules under Section 41 of The Special Marriage Act, 1954 (Act No. XLIII of 1954)

(a) These rules may be called the Special Marriage Rules, 2005.

(b) They shall come into force from the date of their publication in the Chhattisgarh Gazette.

2. Definition. - In there rules unless these is anything repugnant in the subject or context - "Act" means the Special Marriage Act, 1954 (No. XLIII of 1954).

3. Application of other Act and Rules. - The provisions of the Indian Divorce Act, 1869, as regards forms and procedure, in so far as such forms and procedure may be applicable mutatis mutandis and the rules made thereunder with necessary changes and adaptations and the general rules of Court relating to registration, contents and presentation or filing of plaints and written statements, in so far as they are not inconsistent with the Act or with these rules shall apply to all proceedings under the Act.

4. Registration of petitions. - All original petitions under Chapter V, VI or VII of the Act shall be registered as suits of Class-Ill in the register of Civil Suits.

5. Contents of petitions. - (A) A petition under Chapter V or Chapter VI of the Act shall, in addition to any particulars required by law, state : -

(i) the place and date of marriage;

(ii) the name, status and domicile of the wife before the marriage;

(iii) the status of the husband and his domicile at the time of the marriage and at the time, the petition is presented, and his occupation and the place or places of residence of the parties at the time of the institution of the suit;

(iv) the principal permanent address where the parties have cohabited including the address where they last resided together;

(v) where there is living issue of the marriage, and if so, the names and date of birth or ages of such issues;

(vi) whether there have been any, and if so, what previous proceeding with reference to the marriage by or on behalf of either of the parties to the marriage, the place of such proceedings and result of such proceedings;

(vii) the grounds on which the petitioner claims that the court to which the petition is presented has jurisdiction to entertain the petition.

(B) A petition for restitution of conjugal rights shall, in addition to the particulars mentioned in rule 5, state -

(i) the date from which the respondent has withdrawn from the society of the petitioner;

(ii) the age of the respondent;

(iii) the person or persons with whom the respondent residing at the time of the institution of the suit;

(iv) the attempts, if any, made before suit by the petitioner for resumption of normal relations.

(C) A petition for judicial separation or divorce shall, in addition to the particulars mentioned in rule 5, state -

(i) the specific grounds on which judicial separation or divorce is claimed ;

(ii) the claim for damages, if any ;

(iii) the absence of collusion between the petitioner and the other party to the marriage.

(D) A petition for divorce by mutual consent shall, in addition to the particulars mentioned in rule 5, state -

(i) the place or places and period or periods during which the parties have lived together;

(ii) the period during which the parties have been living separately ;

(iii) the reasons for not being able to live together.

(E) A petition for declaration of nullity of a marriage shall, in addition to the particulars mentioned in rules 5 and 7, as far as applicable, state the facts, which make the marriage null and void.

(F) A petition for the annulment of a marriage shall, in addition to the particulars mentioned in rules 5 and 7, as far as applicable, state the ground or grounds on which annulment of the marriage is sought.

6. Impleading of co-respondent. - A petition for Judicial separation or divorce on the grounds of adultery shall implead the alleged adulterer as a co-respondent, unless any of the following reasons is given not so imp-leading : -

a. that the respondent is leading the life of a prostitute and that the petition knows of no person with whom the adultery has been committed ;

b. that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts to discover it;

c. that the alleged adulterer is dead;

7. Intervener. - a. Any person, not already a party to the proceedings may, by an application supported by an affidavit, seek the permission of the Court to intervene and show cause why a decree for divorce, declaration of nullity of marriage or annulment of marriage should not be passed.

b. If the Court allows such an application, the intervener shall be made a party to the proceedings and shall, if the intervention is not bonajide, be liable for costs.

8. Damages. - The Court may award to the petitioner such damages against a corespondent who has been found guilty of adultery, as the court deems proper.

9. Limitation. - The provisions of Section 5 of the Indian Limitation Act, 1908, shall apply to applications and appeals under.

Chapter XXI

A: Facilities to be given to the Approved Law Journals

(1) An approved list of Law Journals entitled to receive copies of judgments marked A.F.R. (approved for reporting) under this rule shall be maintained under the orders of the Chief Justice.

(2) No Law Journal shall be entered in this list unless it has given an undertaking that it will apply for a copy of every judgment delivered by the Court which is marked A.F.R.:

(3) No Law Journal on the approved list shall be entitled to receive more than one copy of such judgment under this Rule.

(4) As soon as judgment marked A.F.R. has been received in the disposal Section or the Criminal Department, as the case may be, an assistant there shall enter it in a register to be called Register of Judgments marked A.F.R., the entries being made in chronological order, and shall send such judgment immediately to the Section Officer of the Copying Department for the preparation of as many copies as there are law journals on the approved list.

(5) Two registers in the prescribed form to be called 'Register of Copies of Judgments marked A.F.k.' and 'Register of Applications for copies of Judgments marked A.F.R., respectively shall be maintained by the Section Officer of the Copying Department with respect to such copies.

(6) Copies prepared under this Rule shall contain the following additional information, namely : -

(a) the names of advocates appearing in the case on both sides ;

(b) the names of Judges delivering the judgment of the Court; and

(c) full designation of the lower Court along with the date of its judgment or order.

(7) Copies prepared under this Rule shall be given priority over all ordinary copies and shall be prepared as quickly as possible.

(8) As soon as copies are ready they shall be delivered to the representative of the journals on the approved list on their submitting a duly stamped application and on payment of Rs. 2/- (in Court fee stamps affixed on the application) per copy of every such judgment or order.

(9) If the representative of any law journal on the approved list does not apply for copy of any judgment marked A.F.R. within three weeks from the date on which it is so marked the name of such journal may be removed from the approved list.

(10) The 'Register of Copies of Judgments marked A.F.R.' shall be open to inspection by the representative of any law journal on the approved list.

I. Register of Judgments marked A.F.R.

II. Register of Copies of Judgments marked A.F.R.

III. Register of Application for Copies of Judgments marked A.F.R.

B: Facilities to be given to the Press Reporters

(i) They may inspect judgments in the Inspection Section of the Registry upon a regular application for inspection in accordance with these Rules and on payment of the prescribed fee. Such applications will, however, invariably be dealt with by the office immediately, though only the ordinary fee of Rs. 5/- will be charged upon an ordinary application. Such applications and inspection may be allowed at any time between 10.30 a.m. to 4.30 p.m., to be made by the person named in the order for inspection.

(ii) Such press representatives will be permitted to peruse the judgments in open Court just after delivery with the permission of the Judge and while he is on the Bench.

(iii) No press representative will, in any circumstances, be allowed private access of Ministerial Officers of the Court, nor will he be allowed perusal of any judgment until it has been revised and signed in the ordinary course, except by the special permission of the Judge who delivered it.

C. : Rules for Eligibility for Accreditation to a Journalist or Representative of News paper

(a) He is a working journalist desiring to report regularly the High Court proceedings and furnishes a letter from his newspaper, news agency or other media organization concerned to that effect.

(b) He possesses a Law degree recognized by the Bar Council of India under the Advocates Act, 1961.

(c) The application must be accompanied by an attested copy of the Law degree and a letter of request/recommendation from the Editor Cr Publisher of the concerned Newspaper.

(d) The application must be supported by clippings, showing the Court reportage for the requisite number of years and a letter from the sponsoring Editor certifying the above mentioned experience of reportage.

(e) An applicant for temporary accreditation should ordinarily have at least three years of Court reporting experience :

(i) A sitting Judge of the High Court.

(ii) The Advocate General

(iii) The Chairman, State Bar Council

(iv) Two accredited correspondents of any print/electronic media.

(v) The Registrar General shall be the Member Secretary of the Committee.

Chapter XXII

Miscellaneous

A : List of Subject Categories

B : Listing Proforma

Advocate for the Petitioner(s)/Appellant(s)/Respondent(s)

Date :.............

C : Check List

D : Mandatory Points to be Checked

1. Certified copy of the impugned judgment has been filed and if certified copy is not available, application for exemption from filing certified copy has been filed.

2. The petition and the applications have been signed by the advocates/petitioner in person.

3. An affidavit of the petitioner properly attested and identified has been filed.

4. Memo of Appearance has been filed.

5. Vakalatnama properly executed by the petitioner and duly accepted by the Advocate has been filed.

6. Proper court fee has been paid.

7. Proper and required numbers of sets have been filed.

8. Brief list of dates/events has been filed.

9. An application for condonation of delay has been filed if the matter is barred by limitation.

10. Typed copies of hand written/illegible documents, annexures.

(I) Writ Matters

1. Whether Writ Petition has been drafted in accordance with rule i.e. separate synopsis with date in chronological order, and whether grounds have been raised separately. Index with proper pagination.

2. Whether the Writ Petition has been filed forming Part-I and Part-11 as per rule.

3. P.I.L. matter; whether -

(a) The petition is accompanied by an application seeking leave for waiver of locus stand.

(b) The petitioner has made a statement to the effect that he has no personal/individual interest in the subject, and if he has personal/ individual interest, he has disclosed it i.e. the petition falls within the group or society or community for whose benefit the PIL has been filed.

(c) Earlier public spirited antecedent of the petitioner, if any.

(d) The petitioner has submitted proof of deposit of security amount Rs. 5,000/-, if not, application for exemption from depositing security amount.

(II) Criminal Matters

1. Whether - (a) Appeal/application/revision has been drafted in accordance with the rules ?

(b) In case of appeal/revision against sentence whether the accused has surrendered to sentence.

(c) Has been accompanied by certified copy of order appealed against and spare copy as per rule except where the accused person is in duress.

(d) In case of revision against charge: - Whether the petition is accompanied by : -

(i) Copy of charge sheet/copy of F.I.R.

(ii) Copy of order.

(iii) Copies of statement recorded under Sections 161 and 164 of the Cr. P.C.

(iv) Medical report in case of bodily injury.

(v) Copy of any other material document.

(III) Bail Matters

1. Affidavit of the petitioner or of any person acquainted with the facts, ventilating "Reasonable belief'.

2. Certified copy of earlier order (in case of subsequent bail petition).

3. Certified copy of order of Sessions Judge.

Petition under Section 439

1. Name of Police Station.

2. Crime Number.

3. Offence punishable under Section.

4. Certified copy of order passed by Sessions Judge.

1. Certified copy of order passed by the trial Court.

1. Earlier order passed by the High Court.

2. Copy of order passed by the trial Court.

(IV) Petition under Section 482 of the Code of Criminal Procedure

(A) Copy of F.I.R.

(B) Copy of Challan.

(C) Copy of proceedings.

(V) Criminal Revision (Against Charge)

1. Certified copy of order.

2. Copy of charge.

3. Medical report (in bodily injury case)

4. Documents submitted by prosecution along with challan.

5. Copies of statement of prosecution witness.

6. Copy of F.I.R.

7. Copy of charge-sheet.

1. Copy of order sheets.

2. Copy of complaint.

3. Copies of documents filed along with complaint.

(VI) Criminal Appeal

1. Certified copy of judgment of conviction and order of sentence.

* In case appeal is barred by limitation : Affidavit in support of application.

(VII) Leave to Appeal

1. Copy of judgment.

2. Copy of statement of P.W.s

3. Other relevant exhibited documents.

(VIII) Second Appeal

(a) Certified copy of judgment and decree of the first appellate Court.

(b) Judgment and decree of the trial Court.

(IX) First Appeal

(a) M.A. (for enhancement): certified copy of award.

(b) M.A. (appeal against award by a party against whom award is passed) : Certified copy of the award. Receipt of deposit of 50% of award or Rs. 25,000/-whichever is less.

(c) If the appeal is by Insurance Company then certified copy of order passed under Section 170 of the Motor Vehicles Act.

(X) Civil Revision

1. Certified copy of the order.

Format of Writ Petition

[See Rule 50]

In The High Court Of Chhattisgarh At Bilaspur

Writ Petition No.............of.......

Writ Petition under Article 226/227 of the Constitution of India

1. Particulars of the petitioner.

2. Particulars of the respondents.

3. Particulars of the order against which the petition is made.

Subject matter in brief.

4. Delay, if any, in filing the petition.

5. Facts of the case

5.1

5.2

6. Grounds (Distinct grounds to be raised separately)

7. Relief (s) sought

8. Interim relief, if any

9. Details of remedies exhausted

10. Matter not previously filed or pending with any other court of law

11. List of documents as per rule

12. List of documents as per rule

Counsel for the Petitioner

Format For Filing Of Public Interest Petition

In The High Court Of Chhattisgarh At Bilaspur

Writ Petition (PIL) No of...............................

Petitioner(s)

Versus

Respondent (s).

1. Particulars of the petitioner (same as format of writ petition).

2. Particulars of respondent (same as format of writ petition).

3. (A) Particulars of the order against which the petition is being preferred.

(B) Subject matter in brief.

(C) (I)The present petition under Article 226 of the Constitution of India is being filed by way of public interest litigation and the petitioner has no personal interest (if he has any personal interest such interest must be disclosed). The petition is being filed in the interest of (give particulars of the class of persons for whose benefit the petition is filed).

(II) That the petitioner is (give short background of the petitioner; if the petitioner is an organization, the names of the office-bearers must be furnished). The petitioner has earlier filed/not filed any other public interest petition (if filed, details of such PIL filed including the case number and the court, status and brief description of the order passed must be given. It must also be stated whether in any of such cases any cost has been awarded for or imposed against the petitioner; and whether any appreciation or stricture has been passed)

(III) That the petitioner is filing the present petition on his own and not at the instance of someone else. The litigation cost, including the advocate's fee and the travelling expenses of the lawyer, if any, are being borne by the petitioner himself (if not, the petitioner must disclose the source of funds).

(IV) The source of information of the facts pleaded in this Public

(V) Interest Litigation, is based on...........(if news report, whether the applicant has verified the facts by personally visiting the place, talking to other people or from the reporter/editor of the newspaper concerned. If the petitioner does not wish to disclose the source, he may say so with reasons).

(VI) That the petitioner has/has not sent representation in this regard, (if yes, details of such representation and reply, if any, from the authority concerned along with copies thereof must be filed. If not, reason for not sending such representation). That to the best of knowledge of the petitioner, no public interest petition (whether filed by the petitioner himself or by someone else) raising the same issue is filed before this Hon'ble Court or before any other Court, (if filed, details thereof).

4. Delay, if any, in filing the petition.

5. Facts of the case.

5.1

5.2

6. Grounds

State separate grounds with specific mention of violation of particular constitutional or statutory provision or any administrative instruction. The relevant provision of the Constitution and statute must be quoted and administrative instruction must be filed.

7. Relief(s) Sought.

8. Interim Relief, if any.

Specify grounds for grant of interim relief and the nature of urgency involved.

9. Details of remedies exhausted.

10. Matter not previously filed or pending with any other court of law.

11. List of documents as per rule.

12. List of documents as per rule.

Counsel for the Petitioner

Format M. Cr. C. 438 Cr. P.C. (Anticipatory)

In The High Court Of Chhattisgarh At Bilaspur (Chhattisgarh)

Misc. Cr. Case No........../Year

Application under Section 438 of the Code of Criminal Procedure

1. That the applicant had preferred an application under Section 438 Cr. P.C. for anticipatory bail before the learned lower Court, which has been rejected by the lower Court vide order dated..................in bail application No............A copy of the same is being annexed herewith as Annexure -

2. That this is the First/Second bail application before this Hon'ble Court. No other application of the nature is pending before this Hon'ble Court or before the Court below.

3. That the applicant is apprehending his arrest in connection with the Crime No...........registered at Police Station...........for an alleged offence punishable under Section..............of I.P.C.

4. The petitioner has following pending/decided criminal case against him................(if non-say nil).

5. That as per prosecution story...........................................

Grounds

6.

7. That the applicant is ready to abide by all the directions and conditions which may be imposed by this Hon'ble Court while granting bail.

8. That the applicant is permanent resident of.............................

Prayer

Counsel for the applicant

In The High Court Of Chhattisgarh At Bilaspur (Chhattisgarh)

Misc. Cr. Case No..................../Year

Affidavit

1. That, this is the First/Second bail application of the applicant before this Hon'ble Court. No other application of the nature is pending either before this Hon'blc Court or Court below.

2. That, I am the applicant in the instant petition and as such I am fully conversant with the facts of the case.

3. That, I have engaged Mr Advocate as my counsel to move and argue the bail application before this Hon'ble Court on my behalf.

4. That the statement of facts in bail application are true to my personal knowledge.

Deponent

Verification

Deponent

Format M. Cr. C. 439 Cr. P.C. (Regular Bail)

In The High Court Of Chhattisgarh At Bilaspur (Chhattisgarh)

Misc. Cr. Case No.........../Year

Application under Section 439 of the Code of Criminal Procedure

1. That this is the First/Second bail application before this Hon'ble Court. No other application of the nature is pending before this Hon'ble Court or before the Court below.

2. That the applicant had preferred an application under Section 439 Cr. P.C. for his release on bail before the learned Sessions Court, which has been rejected by the lower Court vide order dated in bail application No..........A copy of the same is being annexed herewith as Annexure.

3. That the applicant has been arrested by Police of Police Station...............on for an alleged offence punishable under Section of I.P.C.

4. That I am applicant's Relative and I am fully conversant with the facts of the case and authorized by the applicant to move an application for his release on bail.

5. That as per prosecution story..................................................

Grounds

6.................................................................................

7. That the applicant is permanent resident of....................

8. That the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Hon'ble Court.

Prayer

In The High Court Of Chhattisgarh At Bilaspur

(Chhattisgarh)

Misc. Cr. Case No..................../Year

Affidavit

(a) That, I am applicant's Relative and conversant with the facts of the case. I am authorized by the applicant to move an application for his release on bail.

(b) That, I am authorized by the applicant to swear this affidavit on his behalf in support of the bail application.

(c) That, this is the First/Second bail application of the applicant before this Hon'ble Court. No other application of the nature is pending either before this Hon'ble Court or Court below.

(d) That, I have engaged Mr..............Advocate as applicant's counsel to move and argue the bail application before this Hon'ble Court on his behalf.

(e) That the contents of the bail application are true to my personal knowledge.

Verification

Deponent

The Schedule

Forms

Form No. 1

Petition for Probate of a Will

[See Rule 381 (3 & 4)]

(Title)

(1) That the above-named (b) died. At on or about the day of 200...............

(2) That the said Deceased at the time of his death left (c) property within the Chhattisgarh.

(3) That the writing hereto annexed is the last will and Testament of the said.............

(4) That the said will was duly executed (d) on the day of.........................200........

(5) That the petitioner is the Executor (e) named in (f) the said will.

(6) The petitioner has truly set forth in Annexure I to his affidavit of valuation filed herewith all the property and credits which the deceased died possessed of or entitled to at the time of his death which have or are likely to come to his hands and so far, as the petitioner has been able to ascertain or is aware there are no property and credits other than what are specified in Annexure I aforesaid.

(7) That the petitioner has also truly set forth in Annexure II to his affidavit aforesaid (g) all the items that by law he is allowed to deduct.

(8) That the said assets exclusive of what the deceased may have been possessed of or entitled to as a trustee for another and not beneficially or with power to confer a beneficial interest, and also exclusive of the items mentioned in the said Annexure II but inclusive of all rents interests and dividends and increased value since the date of his death are under the value of Rs...........

(9) That the said Deceased left him serving the following relatives as his only next of kin according to (h) law: -

(i) (Set out full names and address showing

(ii) relationship of each to the deceased and

(iii) also specifying who are minors).

(10) That no (i) application has been made to any District Court or to any other High Court for probate of any Will of the said District or for Letters of Administration with or without the Will annexed to his property and credits.

(11) That the petitioner hereby undertakes duty to administer the property and credits of the said and in any way concerning his Will by paying first his debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of grant of probate to the petitioner and also to render to this Court a true account of the said property and credits within one year from the said date.

Petitioner

(a) Insert name in full and profession, if Deceased was a bachelor or spinster that should be stated.

(b) Insert name of the Deceased.

(c) Or, had a fixed place of abode within.

(d) State where.

(e) Or, one of the executors.

(f) Or, according to the tenor thereof.

(g) I Full particulars of debts due by the estate Including name of creditors, of claim and the dates when they became due must be given in the Schedule.

(h) Here state what law.

(i) Or, if made, state to what Court, by what person and proceedings has been had.

(j) Or, throughout the territory of India.

Form No. 2

Affidavit of Attesting Witnesses

[See Rule 381 (4)]

(Title)

Affidavit

(1) That I knew and was well acquainted with the Deceased above-named.

(2) That on the day of I was present together with at.............................and we did then and there see the said Deceased set and Subscribe his name at foot, of the Testamentary paper in the language and character hereunto annexed and marked with the letter "A" and declare and publish the same as and for his last Will and Testament.

(3) That thereupon 1, the Deponent and the said did at the request of the said Deceased and in his presence and in the presence of each other all being present at the same time set and subscribe our respective names and signatures at foot of the said testamentary paper as witnesses thereto.

(4) That the name and signature subscribed at foot of the testamentary paper as of the party executing the same is in the paper handwriting of the said Deceased and the name, signature and additions also subscribed and written at foot of the said testamentary paper as of the parties attesting execution of the same are in the proper respective hand writings of the said and of me this Deponent respectively.

(5) That at the time of the said Deceased so subscribed his name and signature to the said Wills as aforesaid the said Deceased was of sound and disposing mind, memory and understanding, and to the best of my belief made and published the same of his free will and pleasure.

Declarant

(Signature)

(Designation)

Form No. 3

Schedule of Property of the Deceased

[See Rule 381 (4) (iii)]

(Title)

Petition for Petitioner

Annexure A.

Valuation of the movable and immovable property