Date...........................................
Signature of Advocate furnishing information
282.
283.
284.
285.
286.
287.
288.
C: Advocates Clerk's Rules
C: Advocates Clerk's Rules
289.
290.
291.
292.
293.
294.
295.
296.
297.
298.
299.
(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.
300.
301.
D: Prevention of Toutary
D: Prevention of Toutary
302.
Explanation.
(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
303.
(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
A: Applications
S.No.
S.No.
Nature of Application
Nature of Application
Amount of Court Fee
Amount of Court Fee
(1)
(1)
(2)
(2)
(3)
(3)
i.
Application under Section 9
Rs. 500.00
ii.
Application under sub-Section (1) of Section
17.
Rs. 100.00
iii.
Application under Section 34
Rs. 1,000.00
iv.
Application under Section 14, 27, 36, 39 and 43
Rs. 400.00
V.
Application under Section 47 and 56
Rs. 2,000.00
vi.
Any other application
Rs. 100.00
vii.
Vakalatnama
As prescribed under the Court Fees Act, 1870
B: Appeals
B: Appeals
S. No.
S. No.
Nature of Appeal
Nature of Appeal
Amount of Court Fee
Amount of Court Fee
(1)
(1)
(2)
(2)
(3)
(3)
i.
Appeal against an order on an application under
Section 9
Rs. 500.00
ii.
(a) Appeal against order of the Arbitral
Tribunal accepting the plea referred to in sub-section (2) or
subsection (3) of Section 16.
Rs. 500.00
iii.
Appeal against an order on an application under
Section 34 Rs.
1.000.00
iv.
Appeal against an order refusing to refer the
parties to arbitration under Sections 45 and
54 Rs. 500.00
V.
Appeal against an order refusing to enforce a
foreign award under Section 48 and sub-section (2) of Section
57.
Rs. 2,000.00
(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
B: Scheme for Appointment of Arbitrator by the Chief Justice
304.
(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 .
Short title & commencement.
(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 : -
Submission of request.
(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.
Authority to deal with the request.
(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.
Requests and communications to be sent to Additional Registrar (Judl.).
(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.
Seeking further information.
(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.
Rejection of.
(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.
Notice to affected person.
(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 : -
Intimation of action taken on request.
(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.
Delivery & Receipt of Written Communication.
(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/-.
Costs for processing requests.
(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.
Interpretations.
(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.
Power to amend the Scheme.
Chapter XX
Rules under Special Acts
(A): Rules for the Disposal of Election Petitions filed under the Representation of the People Act, 1951
305.
(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.
306.
307.
(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.
308.
(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.
309.
310.
311.
312.
313.
314.
315.
316.
317.
318.
319.
320.
321.
322.
Scale
Scale
Class of witness
Class of witness
Travelling allowance
Travelling allowance
Diet allowance
Diet allowance
Local conveyance allowance
Local conveyance allowance
Class-I
Class-I
Gazetted Officers, Professionals like Doctor,
Advocates, Architects, Chartered Accountants, etc. Income Tax
payee, Members of Parliament, Member of State Legislature.
By Rail
By Rail
A.C. Sleeper/Chair
Car fare.
By Road
By Road
Taxi fare at the rate prescribed by the
Directorate of Transport of the State Government and if no such
as the Court thinks reasonable.
Rs. 250/-per day
By Taxi
Class-II
Class-II
All others except those mentioned in Class-I.
By Rail
By Rail
Sleeper or 2nd class
fare.
By Road
By Road
Actual Bus fare.
Rs. 150/-per day
By three wheeler Auto rick shaw.
Note 1. - Travelling allowance will be payable for the journey performed by the shortest route.
Note 1.
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 2.
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 3.
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.
Note 4.
(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".
323.
324.
325.
326.
327.
328.
329.
B: Rules under the Bankers' Books Evidence Act, 1891 (XVIII of 1891)
B: Rules under the Bankers' Books Evidence Act, 1891 (XVIII of 1891)
330.
Scale of fees
Scale of fees
Searching fee - For each year or part of a year
in Respect of which search is made.
Rs. 5.00
Copies - For each Bank folio or part thereof.
Rs. 5.00
Certificate - For the certificate under Section
6 of the Act.
Rs. 5.00
331.
332.
333.
334.
335.
336.
C: Rules under the Chartered Accountants Act, 1949 (Act XXXVIII of 1949)
C: Rules under the Chartered Accountants Act, 1949 (Act XXXVIII of 1949)
337.
338.
(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.
339.
340.
341.
342.
343.
344.
345.
346.
347.
348.
Annexure
Annexure
Form Of Notice
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)
D : Rules under Section 4 of the Powers of Attorney Act, 1882 (Act VII of 1882)
349.
350.
(i) Description of documents ;
(ii) Date ;
(iii) By whom deposited ;
(iv) When deposited.
351.
Rs. P.
Rs. P.
(i)
For filing every power and other documents
100.00
(ii)
For obtaining copy
10.00
(iii)
Where the copy is presented by the party @ Rs. 5
per folio
5.00
(iv)
For searching and inspecting each set of
documents
10.00
E : Rules under Section 73 of the Copyright Act, 1957 (Act XIV of 1957)
E : Rules under Section 73 of the Copyright Act, 1957 (Act XIV of 1957)
352.
(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.
353.
354.
355.
356.
357.
358.
359.
360.
361.
F : Rules under the Contempt of Courts Act, 1971 (Act No. 70 of 1971)
F : Rules under the Contempt of Courts Act, 1971 (Act No. 70 of 1971)
The High Court of Chhattisgarh (Contempt of Court Proceedings) Rules, 2005
362.
363.
(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.
364.
365.
366.
367.
368.
Notices
Notices
369.
370.
371.
372.
Enquiry
Enquiry
373.
374.
375.
376.
377.
378.
379.
Section 21 • High Court of Chhattisgarh Rules, 2005
21. Other information/particulars, if any, including legal aid work.
high-court-of-chhattisgarh-rules-2005-sec-21.json
•
Section 21
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"act_title": "High Court of Chhattisgarh Rules, 2005",
"act_slug": "high-court-of-chhattisgarh-rules-2005",
"section_label": "Section",
"section": {
"number": "21",
"title": "21. Other information/particulars, if any, including legal aid work.",
"chapter": null,
"content": "Date...........................................\nSignature of Advocate furnishing information\n282.\n283.\n284.\n285.\n286.\n287.\n288.\nC: Advocates Clerk's Rules\nC: Advocates Clerk's Rules\n289.\n290.\n291.\n292.\n293.\n294.\n295.\n296.\n297.\n298.\n299.\n(i) To receive notices, and to obtain forms of notices from the office.\n(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.\n(iii) To obtain office reports upon applications.\n(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 -\n(a) Inspection of records and registers.\n(b) Return of documents.\n(c) Refund of surplus balances at credit,\n(d) Inclusion of documents in a paper-book,\n(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,\n(vi) To take notes from deficiency reports of the Stamp Reporter and file necessary stamps.\n(vii) To inspect records with his master, or with another Advocate if his master permits it and is himself empowered to inspect,\n(viii) To deposit money and file Court-fees :\n(ix) To receive paper-book, copies and the like.\n(x) To file Vakalatnamas, retainer slips, certificates of fees, written forms of processes, and copies of papers and briefs.\n(xi) To identify, if required and in a position to do so, persons making inspection of records or swearing affidavits.\n(xii) To apply for copies in his own name, stating that the application is being made on behalf o his master to be named.\n300.\n301.\nD: Prevention of Toutary\nD: Prevention of Toutary\n302.\nExplanation.\n(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.\n(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.\nCharter XIX\nA: Rules under Section 82 of the Arbitration and Conciliation Act, 1996\n303.\n(1) These rules may be called the Chhattisgarh Arbitration Rules, 2005.\n(2) They shall come into force from the date notified by the Chief Justice.\n(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.\n(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 -\n(a) of the material facts constituting cause of action ;\n(b) of facts showing that the Court to which the application is presented has jurisdiction ;\n(c) relief asked for; and,\n(d) names and addresses of the persons liable to be affected by the application :\n(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.\n(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 : -\nSchedule\nA: Applications\nA: Applications\nS.No.\nS.No.\nNature of Application\nNature of Application\nAmount of Court Fee\nAmount of Court Fee\n(1)\n(1)\n(2)\n(2)\n(3)\n(3)\ni.\nApplication under Section 9\nRs. 500.00\nii.\nApplication under sub-Section (1) of Section\n\t\t\t\t\t17.\nRs. 100.00\niii.\nApplication under Section 34\nRs. 1,000.00\niv.\nApplication under Section 14, 27, 36, 39 and 43\nRs. 400.00\nV.\nApplication under Section 47 and 56\nRs. 2,000.00\nvi.\nAny other application\nRs. 100.00\nvii.\nVakalatnama\nAs prescribed under the Court Fees Act, 1870\nB: Appeals\nB: Appeals\nS. No.\nS. No.\nNature of Appeal\nNature of Appeal\nAmount of Court Fee\nAmount of Court Fee\n(1)\n(1)\n(2)\n(2)\n(3)\n(3)\ni.\nAppeal against an order on an application under\n\t\t\t\t\tSection 9\nRs. 500.00\nii.\n(a) Appeal against order of the Arbitral\n\t\t\t\t\tTribunal accepting the plea referred to in sub-section (2) or\n\t\t\t\t\tsubsection (3) of Section 16.\nRs. 500.00\niii.\nAppeal against an order on an application under\n\t\t\t\t\tSection 34 Rs.\n1.000.00\niv.\nAppeal against an order refusing to refer the\n\t\t\t\t\tparties to arbitration under Sections 45 and\n54 Rs. 500.00\nV.\nAppeal against an order refusing to enforce a\n\t\t\t\t\tforeign award under Section 48 and sub-section (2) of Section\n\t\t\t\t\t57.\nRs. 2,000.00\n(6) Where the application made by the party is not in accordance with the provisions of these rules, the Court may reject the application.\n(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.\n(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.\n(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 : -\n(i) Sections 28, 31, 35, 35A, 35B, 107, 133, 135, 148A, 149, 151 and 152; and,\n(ii) Order 111, V, VI, IX, XIII, XIV, XVI to XIX, XXIV and XU.\n(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\n(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.\n(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.\nB: Scheme for Appointment of Arbitrator by the Chief Justice\nB: Scheme for Appointment of Arbitrator by the Chief Justice\n304.\n(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 .\nShort title & commencement.\n(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 : -\nSubmission of request.\n(a) Original arbitration agreement or a duly certified copy thereof;\n(b) the names and addresses of the parties to the arbitration agreement;\n(c) the names and addresses of the arbitrators, if any, already appointed;\n(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;\n(e) the qualification required, if any, of the arbitrators by the agreement of the parties;\n(f) a brief written statement describing the general nature of the dispute and the points at issue;\n(g) the relief or remedy sought; and\n(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.\n(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.\nAuthority to deal with the request.\n(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.\n(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.\n(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.\nRequests and communications to be sent to Additional Registrar (Judl.).\n(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.\n(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.\nSeeking further information.\n(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.\nRejection of.\n(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.\nNotice to affected person.\n(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 : -\nIntimation of action taken on request.\n(a) the parties to the arbitration agreement;\n(b) the arbitrator, if any, already appointed by the parties to the arbitration agreement;\n(c) the person or the institution referred to in paragraph 2(d); and\n(d) the arbitrator appointed in pursuance of the request.\n(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.\nDelivery & Receipt of Written Communication.\n(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/-.\nCosts for processing requests.\n(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.\nInterpretations.\n(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.\nPower to amend the Scheme.\nChapter XX\nRules under Special Acts\n(A): Rules for the Disposal of Election Petitions filed under the Representation of the People Act, 1951\n305.\n(a) \"the Act\" means the Representation of the People Act, 1951;\n(b) \"the Code\" means the Code of Civil Procedure, 1908;\n(c) \"the Court\" means the High Court of Chhattisgarh at Bilaspur;\n(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;\n(c) \"the Commission\" means the Election Commission of India.\n306.\n307.\n(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.\n(b) written in English, numbering separately the paragraphs thereof;\n(c) couched in proper language, and in conformity with Sections 81, 82 and 83 of the Representation of the People Act, 1951.\n308.\n(a) the name of the street, lane or municipal ward and the number of the house, if any;\n(b) the name of the town or village;\n(c) the post office; and\n(d) the tehsil and the district.\n309.\n310.\n311.\n312.\n313.\n314.\n315.\n316.\n317.\n318.\n319.\n320.\n321.\n322.\nScale\nScale\nClass of witness\nClass of witness\nTravelling allowance\nTravelling allowance\nDiet allowance\nDiet allowance\nLocal conveyance allowance\nLocal conveyance allowance\nClass-I\nClass-I\nGazetted Officers, Professionals like Doctor,\n\t\t\t\tAdvocates, Architects, Chartered Accountants, etc. Income Tax\n\t\t\t\tpayee, Members of Parliament, Member of State Legislature.\nBy Rail\nBy Rail\nA.C. Sleeper/Chair\n\t\t\t\tCar fare.\nBy Road\nBy Road\nTaxi fare at the rate prescribed by the\n\t\t\t\tDirectorate of Transport of the State Government and if no such\n\t\t\t\tas the Court thinks reasonable.\nRs. 250/-per day\nBy Taxi\nClass-II\nClass-II\nAll others except those mentioned in Class-I.\nBy Rail\nBy Rail\nSleeper or 2nd class\n\t\t\t\tfare.\nBy Road\nBy Road\nActual Bus fare.\nRs. 150/-per day\nBy three wheeler Auto rick shaw.\nNote 1. - Travelling allowance will be payable for the journey performed by the shortest route.\nNote 1.\nNote 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.\nNote 2.\nNote 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.\nNote 3.\nNote 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.\nNote 4.\n(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\".\n323.\n324.\n325.\n326.\n327.\n328.\n329.\nB: Rules under the Bankers' Books Evidence Act, 1891 (XVIII of 1891)\nB: Rules under the Bankers' Books Evidence Act, 1891 (XVIII of 1891)\n330.\nScale of fees\nScale of fees\nSearching fee - For each year or part of a year\n\t\t\t\tin Respect of which search is made.\nRs. 5.00\nCopies - For each Bank folio or part thereof.\nRs. 5.00\nCertificate - For the certificate under Section\n\t\t\t\t6 of the Act.\nRs. 5.00\n331.\n332.\n333.\n334.\n335.\n336.\nC: Rules under the Chartered Accountants Act, 1949 (Act XXXVIII of 1949)\nC: Rules under the Chartered Accountants Act, 1949 (Act XXXVIII of 1949)\n337.\n338.\n(a) The finding of the Council ;\n(b) The Report of the Disciplinary Committee;\n(c) Complaint or information ;\n(d) Written statement in defence ;\n(e) Deposition of witnesses, affidavits, exhibits and other oral and documentary evidence.\n(f) Notes of the hearing before the Disciplinary Committee.\n(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.\n339.\n340.\n341.\n342.\n343.\n344.\n345.\n346.\n347.\n348.\nAnnexure\nAnnexure\nForm Of Notice\nForm Of Notice\nIn the High Court of Chhattisgarh at Bilaspur Miscellaneous\nCivil Case (Ch. Ace.) No................of.........\n..................................Referring Authority. ........................................Respondents.\n(1)....................................Member of the Institute, the Respondent (above named).\n(2) Secretary to the Council of the Institute of Chartered Accountants of India.\n(3) Secretary to the Government of India (Ministry of Finance), New Delhi.\nBy Order of the High Court\nSection Officer\nD : Rules under Section 4 of the Powers of Attorney Act, 1882 (Act VII of 1882)\nD : Rules under Section 4 of the Powers of Attorney Act, 1882 (Act VII of 1882)\n349.\n350.\n(i) Description of documents ;\n(ii) Date ;\n(iii) By whom deposited ;\n(iv) When deposited.\n351.\nRs. P.\nRs. P.\n(i)\nFor filing every power and other documents\n100.00\n(ii)\nFor obtaining copy\n10.00\n(iii)\nWhere the copy is presented by the party @ Rs. 5\n\t\t\t\tper folio\n5.00\n(iv)\nFor searching and inspecting each set of\n\t\t\t\tdocuments\n10.00\nE : Rules under Section 73 of the Copyright Act, 1957 (Act XIV of 1957)\nE : Rules under Section 73 of the Copyright Act, 1957 (Act XIV of 1957)\n352.\n(1) 'Act' means the Copyright Act, 1957;\n(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:\n(3) 'Board' means the 'Copyright Board' constituted under Section 11 (i) of the Act.\n(4) 'Court' means the High Court of Chhattisgarh at Bilaspur.\n(5) 'Registrar' and 'Deputy Registrar' mean, respectively, Registrar (Judicial) and the Deputy Registrar of the High Court of Chhattisgarh.\n(6) 'Section' means a Section of the Act.\n353.\n354.\n355.\n356.\n357.\n358.\n359.\n360.\n361.\nF : Rules under the Contempt of Courts Act, 1971 (Act No. 70 of 1971)\nF : Rules under the Contempt of Courts Act, 1971 (Act No. 70 of 1971)\nThe High Court of Chhattisgarh (Contempt of Court Proceedings) Rules, 2005\n362.\n363.\n(1) 'Act' means the Contempt of Court Act. 1971 (Act 70 of 1971);\n(2) 'High Court' means the High Court of Chhattisgarh at Bilaspur;\n(3) 'Code' means the Code of Criminal Procedure, 1973 (Act 2 of 1974);\n(4) 'Subordinate Court' means any court subordinate to the High Court of Chhattisgarh;\n(5) 'Registrar' means the Registrar (Judicial) of the High Court and shall include Additional/Deputy/Assistant Registrars;\n(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.\n364.\n365.\n366.\n367.\n368.\nNotices\nNotices\n369.\n370.\n371.\n372.\nEnquiry\nEnquiry\n373.\n374.\n375.\n376.\n377.\n378.\n379.",
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