AHC RulesUttar Pradesh1952
Allahabad High Court Rules, 1952
इस अधिनियम की हमारी प्रति में कुछ अध्याय अधूरे हैं — स्रोत से कुछ धाराएँ नहीं आईं। जो धारा यहाँ न मिले, उसके लिए सरकारी पाठ (इंडिया कोड या राज्य का राजपत्र) देखें।
- धाराएँ
- 50
- अध्याय
- 8
विषय-सूची
IIIExecutive and Administrative Business of the Court Comments§ 8–1710 धाराएँ
- 8[ Investiture of powers on officers of the subordinate judiciary.] [Added by Notification No. 19/VIII-C-151, dated 9.8.1977, published in U.P. Gazette, part II, dated 20.8.1977. p. 55]
- 9[ Creation and abolition of posts.] [Added by Notification No. 19/VIII-C-151, dated 9.8.1977, published in U.P. Gazette, part II, dated 20.8.1977. p. 55]
- 10[ Issuing circulars and general letters for the guidance of subordinate courts. Copies of such circulars and general letters shall be sent to all the Judges of the Court for information.] [Added by Notification No. 19/VIII-C-151, dated 9.8.1977, published in U.P. Gazette, part II, dated 20.8.1977. p. 55]
- 11[ Fixing working hours, vacation for the subordinate courts, calendars and list of holidays for courts.] [Added by Notification No. 19/VIII-C-151, dated 9.8.1977, published in U.P. Gazette, part II, dated 20.8.1977. p. 55]
- 12[ Matters referred to the Administrative Committee by the Chief Justice.] [Added by Notification No. 19/VIII-C-151, dated 9.8.1977, published in U.P. Gazette, part II, dated 20.8.1977. p. 55]
- 13[] [Clause 18 renumbered as Rule 13 by Notification No. 19/VIII-C-151, dated 9.8.77, published in U.P. Gazette , Part II, dated 20.8.77.] Decision in case of a difference of opinion - In case of a difference of opinion at [Full Court] [Inserted by Notification No. 322/VIII-C-2, dated 2nd May, 1984 published in U.P. Gazette, Part II, dated 27th October, 1984.] meeting or a meeting of the Administrative Committee the decision shall be in accordance with the opinion of the majority of the Judges present, and in case the Judges present be equally divided, the Chief Justice or in his absence the Senior Judge present shall have a casting vote
- 14[ Permission to cross efficiency bar to officers of the sub-ordinate judiciary.] [Added by Notification No. C-1572 J.R. (S)/VIII C-151, dated 1.8.1994, published in U.P. Gazette (Extra.), Part 4 (Ka), dated 1.8.1994]
- 15Finalisation of the list of holidays, working hours, vacations and calendars of the Court
- 16Decision of the reports of the [Administrative] Judge including annual confidential remarks recorded by him in respect of an officer in his charge
- 17Consideration of representations against the decisions of the Committee relating to adverse remarks and strictures
IVAffidavits and Oath Commissioners§ 18–214 धाराएँ
- 18Correction in affidavit. - All interlineations, alterations or erasures in an affidavit shall be initialled by the person swearing it and the person before whom it is sworn. Such interlineations, alterations, or erasures shall be made in such manner as not to obliterate or render it impossible or difficult to read the original matter. In case such matter has been obliterated so as to make it impossible or difficult to read it, it shall be re-written on the margin and initialled by the person before whom the affidavit is sworn
- 19Certificate of verification. - The person before whom an affidavit is sworn shall certify at the foot of the affidavit the fact of the swearing of the affidavit before him, the manner in which he has complied with Rule 15 and the date and hour of the swearing of the affidavit and shall mark, initial and date any exhibits referred to therein
- 20Affidavit containing numerous correction may not be accepted. - The Court or the Registrar General may refuse to receive an affidavit in which interlineations, alterations or erasures appear to be so numerous as to make it expedient that the affidavit should be re-written
- 21Interpretation. - In this Chapter 'affidavit' includes a petition or other document required to be sworn, and 'sworn' shall include 'affirmed'
VIIIMiscellaneous Provisions§ 22–4320 धाराएँ
- 22Particulars of security to be stated in memorandum. - Where security is furnished in the form of cash, Government securities of Post Office National Savings Certificates it shall be accompanied by a memorandum containing all necessary particulars
- 23Security of immovable property. - Where the security offered consists of immovable property, the person giving such security shall file a security bond duly registered hypothecating such property in the name of the Registrar General and his successors-in-office together with-(1) a specification of the title of the mortgagor, (2) an affidavit of the person executing the security bond affirming that the property secured is of sufficient value to cover the amount of security required, and (3) the necessary certificate from the Registration office concerned indicating that the property is free from encumbrances or, in case the property is encumbered, the particulars and extent of such encumbrances. The Court may before accepting such security direct that it be verified by the District Judge of the district within which such immovable property is situated
- 24Application for summary determination of a First Appeal. - (1) A respondent to a first appeal [***] [The words valued not less than twenty thousand rupees, omitted by Notification No. 680/VII-C-2, dated 26.11.1980, published in U.P. Gazette, Part II, dated 11.4.1981, p. 27.] who has filed no cross-objection, may on receipt of a notice to appear and answer the appeal and within thirty days of the date fixed in the notice for his appearance make an application for the summary determination of the appeal on the ground that it is frivolous or vexatious or that it has been filed merely to cause delay or that it can be disposed on of a preliminary ground and that a paper-book is not necessary for its disposal
- 25Civil Revisions and Appeals from Appellate Orders. - Subject to these Rules, the procedure prescribed in [Order XLI] [Substituted by Notification No. 680/VII-C-2, dated 26.11.1980, published in U.P. Gazette, Part II, dated 11.4.1981, p. 27.] [* *] [Omitted by Notification No. 680/VII-C-2, dated 26.11.1980, published in U.P. Gazette, Part II, dated 11.4.1981, p. 27.] of the Code with respect to appeals shall, so far as may be, also apply to revisions and appeals from appellate orders where such appeals are allowed under any law
- 26Connecting Cases. - No application shall be required for connecting cases arising out of the same decree, judgment or order and such cases shall be connected whether there be any application or not
- 27Exclusion of papers from paper-book by order of Chief Justice. - The Chief Justice may be general order direct that any copy or paper required under these Rules to be included in a paper book be not so included therein. In such case the original paper on the record of the case shall be entered in the general index and clearly flagged
- 28Inclusion of papers in paper-book by order of the Bench. - Where the Bench hearing the case requires any paper not on the paper-book to be copied, transliterated or translated, typed copy or transliteration or translation, of such paper shall be included in the paper-book
- 29Inclusion of transliteration or translation instead of a copy in paper-book. - The Chief Justice may from time to time issue directions as to the manner in which and the conditions according to which transliteration or translation of any paper on the record of a case may be prepared for inclusion in the paper-book instead of a copy as required by these Rules
- 30Information on Application. - (1) Any person desirous of ascertaining the serial number or date of institution or other registered particulars respecting a case or proceeding, shall present or send by post to the Registrar General a written application bearing a court-fee label of the value of [Rs. 5.00] [Substituted by Notification No. 516/xd-188, Correction Slop No. 224, dated November 30, 1996, published in U.P. Gazette, Part II, dated 4.1.1997] giving the best particulars he can as to the nature of the case, the year of institution and the names of parties. If detailed information in a pending case is required, the person seeking such information shall similarly make an application for the purpose, bearing a court fee label of the value of [Rs. 5.00.] [Substituted by Notification No. 516/xd-188, Correction Slop No. 224, dated November 30, 1996, published in U.P. Gazette, Part II, dated 4.1.1997]
- 31Information on application by a party. - A party to a pending [or decided] [Inserted by Notification No. 14/VIII-C-175, dated 29.6.1977, published in U.P. Gazette, Part II, dated 3.9.1977.] case or proceeding may obtain information with respect to such case or proceeding by means of a written application in the prescribed form. A fee of [Rs. 5.00] [Substituted by Notification No. 516/xd-188, Correction Slop No. 224, dated November 30. 1996, published in U.P. Gazette, Part II, dated 4.1.1997] for every question asked shall be paid in court-fee labels affixed to the application
- 32Supply of copies of Judgments to approved law journals. - (1) Rules 16, 17, 24, 25, 26, 27 and 28 contained in Chapter XL, Part VIII shall, so far as may be, apply to the issue of copies of judgments approved for reporting to representatives of approved law journals. The other Rules contained in that Chapter shall not apply
- 33Certain applications to be laid before Chief Justice for orders. - An application for the expediting of the hearing of a case or for listing a case out of turn or for the removal of a case to be tried and determined by the Court under Rule 4 or for the withdrawal of a case under Art. 228 of the Constitution shall be laid before the Chief Justice [or any other Judge or a Bench nominated by the Chief Justice in respect of any case or class of cases] [Inserted by Notification No. 20/VIII-C-150, dated 18.8.77, published in U.P. Gazette, Part II dated 27.8.1978, p. 58] for orders
- 34Examination of records. - Immediately on the receipt of a record, the office shall examine its condition and note on the form for transmission of record received along with the record the date of its receipt and its condition. The record shall thereafter be examined and if on such examination it is found that any paper is missing from the record or is mutilated, or that the record is in any other respect defective, a note thereof shall be made forthwith on the back of the aforesaid form and it shall be laid before the Registrar General for such orders as he may deem fit to pass
- 35Receipt of papers filed. - Any party to a case or his Advocate desirous of obtaining a receipt for any paper including an application, Vakalatnama or retainer or appearance slip shall attach to and present with such paper a receipt slip in the subjoined form. The slip shall be signed in acknowledgment of the receipt of such paper by the [Bench Secretary] [Substituted by Notification No. 680/VII-C-2, dated 26.11.1980, published in U.P. Gazette, Part II, dated 11.4.1981, p. 27.] or other official receiving such paper and returned to the person presenting it :
- 36Transliteration or translation of document filed in court. - (1) Where a document filed by a party in Court in any case or proceeding is not in Hindi written in the Devanagari character or in the language of the Court, it shall, subject to any general or special orders of the Chief Justice or the Court, file therewith if the document is in Hindi but is not written in Devanagari character, a transliteration thereof in such character or if the document is in another language a translation thereof in the language of the Court
- 37Application of Rules 14 to 21 of Chapter XV to other civil proceedings. - Rules 14 to 21 of Chapter XV of Part II shall also be applicable in the case of civil proceedings other than those to which the Rules contained in that Chapter apply
- 38Application of other Rules to Part III, IV, V or VII. - (1) Where any Rule contained in Part III, IV, V or VII is inconsistent with any Rule in any other Part the former shall prevail and the latter shall, to the extent of such inconsistency, be deemed to have been modified or repealed so far as the former is concerned
- 39Section 39
- 40Court fee to be paid in cases coming up before the Court. - Court fees shall be payable in cases coming before the Court in the exercise of its ordinary original civil jurisdiction or in the exercise of its jurisdiction as regards appeals from judgment passed by it in the exercise of its ordinary civil jurisdiction to the extent to, and the manner in which they are payable in similar classes of cases coming before it, under the provisions of Section 4 of the Court Fees Act, 1870
- 43Entry in Court Building. - (1) Officers/Officials/Advocates/Clerks of Advocates for whom dress has been prescribed shall enter in the Court Building in the prescribed dress. The officers, officials and clerks of advocates shall also carry their identity cards issued to them from High Court Officer and the Advocates shall carry with them the identity card issued by the concerned Bar Council
XVIIIProceedings other than Original Trials§ 41–44A3 धाराएँ
- 41Copy of judgment to be sent to magistrate. - Where in a case decided by the Court the proceedings of a magistrate were under consideration an additional copy of the judgment shall be sent to the Sessions Judge for being forwarded to the magistrate concerned through the Chief Judicial Magistrate, Chief Metropolitan Magistrate or District Magistrate, as the case may be
- 42Copy of paper-books to be forwarded to Government in case of sentence of death. - In a case in which a sentence of death has been confirmed or passed by the Court or where a sentence has been enhanced to one of death two copies of the printed paper-book along with two copies of the Court's judgment shall be forwarded to the State Government. Where no printed paper-book has been prepared, the original paper-book containing the proceedings of the Court below shall be forwarded along with two copies of the Court's judgment to the State Government with a request that the original paper-book be returned when no longer required
- 44A[ [Added by Notification No. 140/VIII-C-2, Correction Slip No. 236 date 16.5.2006 published in the UP Gazette Part 2 date 27.5.2006 (w.e.f. 27.5.2006).] In compliance of the directions contained in the decision of criminal appeals/ Government appeals/ Revisions (where conviction has been maintained, sentence awarded or modified), a register in the following form shall be maintained by the office. Initially, the entries in the register shall be made in respect of criminal appeals and Government appeals decided since 01.01.2001 onwards. In respect of criminal revisions, the register shall be opened with effect from 01.01.2006. For different nature of matters i.e. criminal appeals, Government appeals and revisions separate registers shall be maintained. Such registers shall be put up before an Hon'ble Judge of the Court to be nominated by the Hon'ble Chief Justice in the first week of every quarter of calendar year]
XXIIDirection, Order or Writ Under Article 226 [and Article 227] [Inserted vide Notification No. 450 /VIIIc-2 ( Correction Slip No. 235) dated 16.9.2005, published in U.P. Gazette Part II dated 24.9.2005.] of the Constitution Other than a Writ in the Nature of Habeas Corpus§ 5A1 धाराएँ
XXVII[References Under the Income Tax Act, 1961 and other Acts Including Revisions Under Sales Tax Acts]§ 19A–19B2 धाराएँ
- 19ATransmission of order of costs for execution. - Where costs have been awarded by the Court in a reference or in an application for reference under the Act, but have not been paid, the person entitled to them may apply the Court for execution of the order. The application shall be accompanied by an affidavit stating the amount of costs awarded and the amount remaining unpaid. The Court may direct the order to be sent to the District Court of the district in which the order is to be executed. The order may be executed by such Court or be transferred for execution to any subordinate Court]
- 19BCases under Indian Income Tax Act, 1922. - Case governed by the Indian Income Tax Act, 1922, shall be, and shall continue to be, governed by the rules as they existed before January 1, 1970]
XXXTestamentary and Intestate Jurisdiction Section A-Preliminary§ 44–3173 धाराएँ
- 44Administrator-General Act, 1963. - Nothing in this Chapter shall apply to applications to be made or acts to be done by the Administrator General in so far as they conflict with the provisions of the Administrators-General's Act, 1963
- 45Application of Rule to subordinate Courts. - The Rule contained in this Chapter shall, so far as may be and with necessary modifications and adaptations, also apply to proceedings under the Act in subordinate Courts.]
- 317of the Act shall be in the prescribed form, and shall be verified in the manner following :