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High Court of Chhattisgarh Rules, 2005
High Court of Chhattisgarh Rules, 2005
Sections
1. Registrar General.
Section 12. Registrar (Vigilance).
Section 23. Registrar (Inspection and Enquiry).
Section 34. Registrar (Judicial)
Section 45. Registrar (OSD) Rules.
Section 56. Registrar (Administration).
Section 67. Principal Private Secretary to Hon'ble the Chief Justice.
Section 78. Registrar (Classification).
Section 89. Registrar (Establishment).
Section 910. Registrar (Districts Establishment).
Section 1011. Additional Registrars.
Section 1112. Deputy Registrars.
Section 1213. Assistant Registrars.
Section 1314. Private Secretaries.
Section 149. Registrar General.
Section 910. Registrar (Judicial).
Section 1011. Registrar (OSD) Rules.
Section 1112. Registrar (Vigilance).
Section 1213. Registrar (Inspection and Enquiry).
Section 1314. Registrar (Classification).
Section 1415. Registrar (Administration).
Section 1516. Registrar (Establishment).
Section 1617. Additional Registrar/Deputy Registrar.
Section 1737. Part heard matter.
Section 37147. Criminal appeals in which accused persons are in Jail.
Section 147149. Daily list.
Section 149151. Supplementary Inst.
Section 151153. Early hearing of Regular matters.
Section 153157. Case Flow Management Rules in the High Court.
Section 1571. 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
Section 12. 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.
Section 23. 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.
Section 34. 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.
Section 45. 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.
Section 56. 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
Section 66. Writ of Habeas Corpus.
Section 67. 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.
Section 77. Other matters.
Section 78. 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.
Section 88. Mode of Advance Service.
Section 89. First Appeals to High Court:
Section 99. First Appeals to High Court:
Section 910. Writ Appeals. - An appeal to a Division Bench from judgment of a Single Judge may lie in the following cases :
Section 1011. 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 t
Section 1112. 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.
Section 11513. 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
Section 1314. 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.
Section 1415. 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.
Section 15217. Digitally signed Certified Copy.
Section 2171. Register of Suits.
Section 12. Register of First Appeals.
Section 23. Register of Second Appeals.
Section 34. Register of Miscellaneous Appeals.
Section 45. Register of Writ Appeals.
Section 56. Register of Civil Revisions.
Section 67. Register of Miscellaneous Civil Cases.
Section 78. Register of Criminal Appeals.
Section 89. Register of Criminal Revisions.
Section 910. Register of Sentences of death, submitted for confirmation.'
Section 1011. Register of Records destroyed.
Section 1112. Register of Re-cognized clerks of Advocates.
Section 1213. Office Order Book.
Section 131. Register of Civil Court Deposit Receipts.
Section 12. Register of Repayment of Civil Court Deposits.
Section 21. Cashier's (General Cash Account).
Section 11. Book of Deposit Repayment Vouchers.
Section 12. Correspondence Registers.
Section 23. Cashier's Account Book.
Section 34. Register of Elimination of Records.
Section 41. Head Copyist's Register of Application of copies.
Section 12. Head Copyist's Detailed Account Book.
Section 23. Head Copyist's Account Book.
Section 34. Head Copyist's Duplicate Receipt Book.
Section 45. Challan-Book of money sent into the Treasury.
Section 56. Remittance List.
Section 67. Register of monthly Business Statements.
Section 78. Register of Miscellaneous Criminal Cases.
Section 89. Register of Records received from the Lower Courts.
Section 910. Register of Records dispatched.
Section 1012. Register of progress of cases in the pending and Paper-book Branches (Civil).
Section 1213. Head Copyist's Pass Book A and B.
Section 1314. Head Copyist's List of unexpected advances.
Section 1415. Estimator's Register of Estimates prepared.
Section 151. Register of Inspection of Records.
Section 12. Copying Branch Register of daily disposals.
Section 23. Book of Requisition for Records (Civil and Criminal).
Section 34. Register of work done daily in the Copying Section.
Section 45. Book of Intimation to Lower Court of admission of Appeal.
Section 56. Book of acknowledgement of Records returned.
Section 67. Register of Applications received by post.
Section 78. Register of process issued.
Section 89. Register of progress of cases in the pending and Paper Book Branches (Criminal).
Section 910. Consolidated Register of Bills of Costs for Paper Books.
Section 1011. Register of records deposited in Record Room.
Section 111. Attendance Roll.
Section 12. Disposal Ledgers.
Section 23. Register showing work done daily by the Privy Council Clerk.
Section 34. Register showing work done daily by each section in the Supreme Court Copying Sections.
Section 45. Cause Book of petitions.
Section 56. Register of Receipts and issues of Forms.
Section 67. Register of work done daily in the Copying Section.
Section 78. Register showing preparation of Records of cases for transmission to Supreme Court.
Section 89. Register of distribution of work in the Translation Section.
Section 910. Register of work done by Translators.
Section 1011. Register of work done by Notice Clerk.
Section 1112. Register of work done by Estimators.
Section 1213. Register of daily out-turn of typist in the Paper-Book Branch.
Section 1314. Consolidated Register of work done daily by each Translator.
Section 141. Name
Section 12. Qualifications
Section 23. Date of birth
Section 34. Permanent Address
Section 45. Address to which communications are to be sent
Section 56. Date of enrolment as Advocate and where enrolled
Section 67. Number in the roll of advocates maintained by the State Bar Council and the date on which enrolled
Section 78. Are you a member of any Association of Lawyers? If so, give details.
Section 89. Number of years' practise (or judicial service) and in which Court?
Section 910. Have you specialized in any field of Law? If so, give details.
Section 1011. Have you been a chamber junior to any lawyer? If so, furnish the name of such Lawyer/Lawyers and the period held as such.
Section 1112. Is any junior lawyer attached to your chamber? If so, furnish name of such Lawyer and the period held as such.
Section 1214. Are you in the panel or do you hold any office under the State or Central Government?
Section 1415. Reference to any important matter in which you have appeared.
Section 1516. Have you had to your credit any Journal? If so, give details.
Section 1617. Have you attended or participated in any seminar/conference relating to law?
Section 1718. Are you connected with any faculty of law.? If so, give details.
Section 1819. 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?
Section 1920. Are you ordinarily practising within the jurisdiction of the High Court of Chhattisgarh?
Section 2021. Other information/particulars, if any, including legal aid work.
Section 21380. Repeal and savings.
Section 3801. 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.
Section 12. 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.
Section 21. Short title, commencement and application.
Section 12. Definition.
Section 23. Title to proceedings, advertisements, etc.
Section 34. Application of Indian Company Rules.
Section 45. Application of the Code of Civil Procedure.
Section 57. Notice.
Section 78. Transfer of proceedings.
Section 89. Proof of claims.
Section 910. Set off.
Section 1011. Cour-fees on claims.
Section 1114. Appeals.
Section 1415. Expediting.
Section 1516. Presentation and hearing of complaints.
Section 1617. Process in Criminal Cases.
Section 171. 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.
Section 11. Short title, commencement and application.
Section 12. Definitions. - In these rules, unless the context or subject matter otherwise requires : -
Section 22. Definitions.
Section 23. 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.
Section 33. Title to proceedings advertisements, etc.
Section 34. 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.
Section 44. Application of Indian Company Rules.
Section 45. 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.
Section 55. Application of the Code of Civil Procedure.
Section 57. 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.
Section 77. Notice.
Section 79. 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 admi
Section 99. Proof of claims.
Section 910. 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.
Section 1010. Settlement of list of debtors.
Section 1011. 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,
Section 1111. Set off.
Section 1112. 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 : -
Section 1212. Court-fees on claims.
Section 12
Part III
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 : -
Section 1313. On every appeal from an order, decree or decision passed under the provisions of Part III or Part II
Section 1314. 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.
Section 45-D15. 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.
Section 45-N15. Appeal.
Section 1516. Expediting. - All proceedings under the Act shall be treated as urgent.
Section 1616. Expediting.
Section 1617. 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.
Section 45-17. Presentation and hearing of complaints.
Section 1718. Process in Criminal cases. - All processes in criminal cases shall issue from the office of the Registrar.
Section 1818. Process in Criminal cases.
Section 1819. 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.
Section 191. 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.
Section 662. The Registrar, Income - tax Appellate Tribunal shall together with the referenced, submit the following documents : -
Section 23. The Registrar shall admit the reference and shall cause notices to be served on the parties intimating the date of hearing of the case.
Section 3
Chapter IV
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 : -
Section 665. 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.
Section 56. 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.
Section 667. 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.
Section 4
Chapter 4
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.
Section 669. 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.
Section 910. Service of notice contemplated in these rules shall be deemed sufficient, if made on counsel for the party.
Section 1011. 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.
Section 6612. 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.
Section 6613. 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.
Section 13
Chapter VIII
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.
Section 1415. In the rules, the expression "the Act" means the Indian Income tax Act, 1922 (XI of 1922) as amended from time to time.
Section 152. 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).
Section 22. Definition.
Section 23. 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
Section 33. Application of other Act and Rules.
Section 3
Chapter V