37. Part heard matter.

38.
(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.
39.
E : Business relating to Supreme Court
E : Business relating to Supreme Court
40.
Chapter V
Writ Petitions, Habeas Corpus and Public Interest Litigation (PIL)
A : Writ Petitions :
41.
42.
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44.
45.
46.
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Part-I
(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.
Part-II
(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
Rules for Applications under Article 227 (1) of the Constitution of India
48.
(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.
B : Habeas Corpus
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C : Public Interest Litigation
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66.
Writ Petition No...........of..........
In re : (Mention the nature of the cause)
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Chapter VI
Civil Appeals, Review, Revision
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(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.
Note.
(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:
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(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);
74.
75.
76.
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(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.
78.
79.
Chapter VII
Procedure in Criminal Cases
(A) General
80.
(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;
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(B) Reference in Capital Cases
(B) Reference in Capital Cases
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(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.
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(C) Criminal Appeal by Accused against Conviction
(C) Criminal Appeal by Accused against Conviction
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(D) Appeal against acquittal
(D) Appeal against acquittal
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(E) Other appeals provided in Cr. P.C.
(E) Other appeals provided in Cr. P.C.
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98.
(F) Criminal Revision
(F) Criminal Revision
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(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.
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(G) Criminal Reference
(G) Criminal Reference
104.
(H) Bail Matters
(H) Bail Matters
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107.
108.
Chapter VIII
Appeals, Applications/References under Special Acts
A: Income Tax Act, 1961
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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.
111.
112.
113.
(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.
114.
115.
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(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.
117.
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B: Estate Duty Act, 1953, Wealth Tax Act, 1957, Customs Act, 1962, Central Excise Act, 1944, Gold (Control) Act, 1968
B: Estate Duty Act, 1953, Wealth Tax Act, 1957, Customs Act, 1962, Central Excise Act, 1944, Gold (Control) Act, 1968
119.
Chapter IX
Filing, Registration and Classification
A: Filing and Registration
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(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.
123.
124.
125.
(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:
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(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 :
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B : Classification
B : Classification
139.
I.
W.P.
:
(This stands for all writ petitions of civil
nature, further subdivided in sub-groups, namely service matters;
Labour & Industrial disputes; Tax matters, Public Interest
Litigation) : -
(a) W.P. (S)
:
Service Matter;
(b) W.P. (L)
:
Labour & Industrial Matter ;
(c) W.P. (T)
:
Tax Matter;
(d) W.P. (PIL)
:
Public Interest Matter;
(e) W.P. (C)
:
AM other civil writs, i.e. those not falling in
any of the above mentioned sub-groups.
(f) Writ Appeal
:
Appeal against orders of Single Bench in a writ
petition under Article 226 of the Constitution of India.
II.
W.P. (Cr.)
:
This stands for writ petitions relating to
criminal matters, like "habeas corpus", etc. for which
no remedy is provided specifically under any statutory law.
III.
Review Petition
:
Review petitions in all Civil Cases, including
in Writ Petitions.
IV.
F.A.
:
First Appeal under Section 96 of the C.P.C.
V.
F.A. (Misc.)
:
First Appeals under any other law.
VI.
S.A.
:
Second Appeal.
VII.
Cr. M.P.
:
The petitions of criminal nature including
applications under Section 482 of Cr.P.C. (quashing) and all
applications under any other provision of the Cr.P.C. or under
any law dealing with the crimes or criminal matters, but will not
include the applications filed under any provisions of the
Constitution of India or a petition for bail or anticipatory
bail.
VIII.
Cont. Case
:
The petition s for initiating proceeding for
committing contempt of Court.
IX.
Bail Applications M.Cr.C.
:
Bail applications .for grant of regular bail.
M Cr.C. (A)
:
Bail applications for grant of anticipatory
bail.
X
M.C:C.
:
All Miscellaneous Civil Cases not specifically
categorised or mentioned in this Chapter such as those relating
to Restoration, modification or clarification, in a decided case.
XI.
I.A.
:
Interlocutory Applications in pending civil
cases.
XII.
M.(W).P/ M. (Cr.)P./M. (C) P.
:
This head denotes applications for grant of
interim relief/stay or for vacating any such order in a case
relating to its original head.
XIII.
M.A. (C)
:
Misc. Appeal (Compensation) e.g. Appeal under
Section 173' of Motor Vehicle Act, Section 30 of Workmen
Compensation Act etc.
XIV.
M.A.
:
All other Miscellaneous Appeals e.g. under Order
XLIII Rule I of C.P.C. and appeals provided against interim
orders in any other Central or State law.
XV.
C.R.
:
Civil Revision.
XVI.
Tax Case
:
(TC)/ITR/ITA,/C.Ex.R./C.Ex.A./Comm. Tax/of any
other Tax matter.
XVII.
Comp. Pet.
:
Company Petition - Petitions/Applications filed
under the Companies Aot, 1956.
XVIII.
E.P.
:
Election Petition-Petitions filed under tine
Representation of . 'copies Act, 1951.
XIX.
Cr.A.
:
Criminal Appeals.
XX.
Cr. Rev.
:
Criminal Revision.
XXI.
Arbitration Application/ Appeal
:
All arbitration applications including,
Applications under Arbitration Act, 1940 or under the Arbitration
and Conciliation Act, ' t96, including the applications for
appointment of arbitrator under Section i 1(4), (5) or (6) of the
1996 Act. Appeals under the Arbitration Act, 1940 or the
Arbitration and Conciliation Act, 1996.
XXII.
Tr. Pet. (Civil)
:
Petition for transfer of Civil Cases.
XXIII.
Tr. Pet. (Criminal)
:
Petition for transfer of Criminal Cases.
XXIV.
Cvt.
:
Caveat.
XXV.
Cr. Ref.
:
Criminal Reference under Section 366/395 Cr.
P.C.
XXVI.
Acq. App.
:
Appeal under Section 37 8 Cr. P.C. or under any
other provisions of law against an order of acquittal.
140.
Chapter X
Caveat
141.
142.
143.
144.
Chapter XI
Roster and Listing
A : Roster, cause list and Misc. Instructions
145.
B : List of Ready Matters for Final Hearing
B : List of Ready Matters for Final Hearing
146.