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Patna High Court Rules, 1916
Patna High Court Rules, 1916
Sections
CHAPTER I
CHAPTER I
Section 1
CHAPTER II
CHAPTER II
Section 21. Serial number.
Section 12. Serial number of the requisition.
Section 23. Name of the borrower.
Section 34. Name and number of each book issued from the Library.
Section 45. Date of issue.
Section 56. Date of return and the Librarian's initial with date.
Section 67. Date of reminder, if any.
Section 78. Remarks.
Section 8
CHAPTER IV
CHAPTER IV
Section 11
CHAPTER V
CHAPTER V
Section 12
CHAPTER VI
CHAPTER VI
Section 13
CHAPTER VII
CHAPTER VII
Section 14
CHAPTER VIII
CHAPTER VIII
Section 15
CHAPTER VIIIA
CHAPTER VIIIA
Section 16
CHAPTER IX
CHAPTER IX
Section 172. A quarter page shall be taken as the unit of measurement for charges when printing does not cover the whole page, that is to say, the charge will be 1/4 of the rate for a page for printing occupying 1/4 of the page or less, 1/2 of the rate for a page for printing exceeding 1/4 and not exceeding 1/2 of a page, 3/4 of the rate for a page for printing exceeding 1/4 and not exceeding 3/4 of page, the full rate for a page for printing exceeding 3/4 of a page.
Section 2
Chapter IV
3. For rate of printing maps and plans, see Rule 14 in Chapter IV.
Section 14
CHAPTER X
CHAPTER X
Section 20
CHAPTER XI
CHAPTER XI
Section 21
CHAPTER XII
CHAPTER XII
Section 22
CHAPTER Xll
CHAPTER Xll-A
Section 23
CHAPTER XII
CHAPTER XII-AAA
Section 24CHAPTER XII-B
Section 25CHAPTER XII-C
Section 26
CHAPTER XIII
CHAPTER XIII
Section 27
CHAPTER XIV
CHAPTER XIV
Section 28
CHAPTER XV
CHAPTER XV
Section 291. Application for copy;
Section 12. Application for information;
Section 23. Challan for deposit of money;
Section 34. Application for refund of deposit;
Section 45. List of papers for the paper-book; and
Section 56. Application for noting appearance and supply of paper-books.
Section 6
CHAPTER XVI
CHAPTER XVI
Section 36
CHAPTER XVIA
CHAPTER XVIA
Section 37
CHAPTER XVIB
CHAPTER XVIB
Section 38
CHAPTER XVII
CHAPTER XVII
Section 39
CHAPTER XVIII
CHAPTER XVIII
Section 40
CHAPTER XIX
CHAPTER XIX
Section 41
CHAPTER XX
CHAPTER XX
Section 42
CHAPTER XXI
CHAPTER XXI
Section 43
CHAPTER XXIA
CHAPTER XXIA
Section 44
CHAPTER XXIB
CHAPTER XXIB
Section 45
CHAPTER XXI
CHAPTER XXI-C
Section 46CHAPTER XXI-D
Section 47CHAPTER XXI-E
Section 48
CHAPTER XXII
CHAPTER XXII
Section 49CHAPTER XXII-A
Section 501. A Bank ordered under the Banker's Books Evidence Scale of fees. Act XVIII of 1891, to supply certified copies of entries from its books shall be entitled to charge on the following scale: -
Section 12. An application for an order under the said Act shall be made ex parte upon petition and the Court or a Judge may direct that notice of the application shall be served on the Bank or Banks named in the application. The petition shall set out particulars of the entries of which it is desired to obtain copies (or, if this is impossible, the year or years in which such entries will appear) and the materiality of such entries.
Section 23. All applications shall be made in sufficient time to allow three clear day's notice required to be given by Section 6(2) of the Banker's Books Evidence Act, and all applications made in insufficient time shall state the reason thereof.
Section 64. The party who has obtained such order shall serve it upon the Bank or Banks affected and at the same time pay to the Bank or Banks the searching fee of which the amount shall be stated in the order.
Section 45. Upon service of the order of Bank or Banks shall forthwith cause search to be made and shall thereafter forthwith inform the party who has obtained the order the amount to be paid to such Banks or Banks for copies of the entries to be made in terms of the order.
Section 56. Thereupon the party concerned shall pay to the Bank or Banks the amount so stated and the fee for the certificate and the Bank or Banks shall upon receipt thereof forthwith prepare and deliver to the party the copies of the relevant entries together with the certificate under Section 6 of the Act.
Section 67. Nothing in the above Rules shall be construed as derogating from the power of the Court or the Judge to make such orders as to costs in particular cases as may seem appropriate to it or him under Section 7 of the Act.
Section 7CHAPTER XXII-B
Section 58CHAPTER XXII-C
Section 59CHAPTER XXII-D
Section 601. Definition.
Section 12. Title of Applications and other proceedings.
Section 23. Mode of Applications and Appeals.
Section 34. Jurisdiction.
Section 45. Admission of Applications and Appeals.
Section 56. Service of notice on Registrar of Trade Marks.
Section 67. Stay of pending suits and proceedings.
Section 78. Reference under Section 72(b) of the Act.
Section 729. Procedure for withdrawal of application under Section 76(2).
Section 7610. Counter-claim for rectification of the register in a suit for infringement.
Section 1011. Order of Court to be sent to Registrar of Trade Marks.
Section 1112. Application of the Code of Civil Procedure and Rules of the Court.
Section 12
CHAPTER XXIII
CHAPTER XXIII
Section 731. Description of document.
Section 12. Date.
Section 23. By whom deposited.
Section 34. When deposited.
Section 4
CHAPTER XXIV
CHAPTER XXIV
Section 781. Name:.....................................................
Section 12. Father's Name: ...........................................
Section 23. Date of Birth: ................
Section 34. Qualification: ................
Section 45. Registration No. with date:
Section 56. Name of Association of which he/she is a member:..................................
Section 68. Name of the Clerk: ................................
Section 89. Name and address of Sr. Advocate making recommendation.........................................
Section 9
CHAPTER XXVI
CHAPTER XXVI
Section 8718. Appeal.
Section 181. Establishment of High Court at Patna.
Section 12. Constitution and first Judges of the High Court.
Section 23. Declaration to be made by Judges.
Section 34. Seal.
Section 45. Writs, etc. issue in name of the Crown and under seal.
Section 56. Appointment of officers.
Section 67. Powers of High Court in admitting Advocates, Vakils, and Attorneys.
Section 78. Powers of High Court making Rules for the qualifications, etc., of Advocates, Vakils and Attorneys.
Section 89. Extraordinary Original Civil Jurisdiction.
Section 910. Appeal to the High Court from Judges of the Court.
Section 1011. Appeal from other Civil Courts in Province of Bihar and Orissa.
Section 1112. Jurisdiction as to Infants and Lunatics.
Section 1213. By the High Court in the exercise of extraordinary original civil Jurisdiction.
Section 1314. By the High Court in the exercise of appellate jurisdiction.
Section 1415. Ordinary original criminal jurisdiction of the High Court.
Section 1516. Jurisdiction as to persons.
Section 1617. Extraordinary original criminal jurisdiction.
Section 1718. Court may reserve points of Law.
Section 1819. High Court to review cases on points of law reserved, by one or more Judges of the High Court.
Section 1920. Appeals from other Criminal Courts in the Province of Bihar and Orissa.
Section 2021. Hearing of referred cases and revision of criminal trials.
Section 2122. High Court may direct the transfer of a case from one Court to another.
Section 2223. Offenders to be punished under Indian Penal Code.
Section 2324. Civil.
Section 2425. Criminal.
Section 2526. Testamentary and intestate jurisdiction.
Section 2627. Matrimonial jurisdiction.
Section 2728. Single Judges and Division Courts.
Section 2829. Regulation of proceedings.
Section 2930. Regulation of proceedings.
Section 3031. Power to appeal in civil cases.
Section 3132. Appeal from interlocutory judgments.
Section 3233. Appeal in criminal cases.
Section 3334. Rule as to transmission of copies of evidence and other documents.
Section 3435. Judges to visit Orissa by way of Circuit.
Section 3536. Special Commissions and circuits.
Section 3637. Proceedings of Judges on special commission or circuit.
Section 3738. Power to delegate duties.
Section 3839. Cessation of jurisdiction of the High Court of Judicature at Fort William over the Province of Bihar and Orissa.
Section 3940. High Court to comply with requisitions from Government for records etc.
Section 4041. Powers of Indian Legislatures preserved.
Section 41
patna-high-court-rules-1916.json
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129 Sections
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Bihar
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"title": "Patna High Court Rules, 1916",
"short_title": "Patna High Court Rules, 1916",
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"number": "1",
"title": "CHAPTER I",
"chapter": "CHAPTER I",
"content": "Rules for the disposal of Non-judicial Business\n[1.\n(a) the Chief Justice.\n(b) two Judges nominated by the Chief Justice who shall have executive charge of the Administrative Department. [They shall be generally the seniormost Judges to be designated as Judge, Administrative Department I, and Judge, Administrative Department II. In case any Judge is unwilling to work as an Administrative Judge, the Judge next in the order of seniority will be appointed in his place.]\n[Proviso omitted by C. S. No. 97, dated 24.04.1991.]\n(c) four judge nominated by the Chief Justice by rotation for a period of two years. [One of them shall be the Judge appointed from Superior Judicial Service.] ]\n2.\n3.\n(i) to dispose of all correspondence within its own Department urgent in its nature and not of general importance.\n(ii) to make recommendations for promotion of Subordinate Judges to the rank of Additional District and Sessions Judges and of the Additional District and Sessions Judges to the rank of District and Sessions Judges, and their initial posting on promotion or appointment;\n[(iii) (a) to exercise the powers exercisable by the Court under the Code of Criminal Procedure, 1973;\n(b) to make recommendations to the Government for the vesting of special powers under any special Act;]\n[(iv) [(a)] xxxx to pass orders of transfer of District and Sessions Judges and Additional District and Sessions Judges;]\n[(iv) (b) to pass orders of the transfer and posting of Subordinate Judges, with or without the powers of an Assistant Sessions Judge and Munsifs;]\n(v) to make recommendations for the deputation of officers of Bihar Judicial Service or Superior Judicial Service to posts under the Government of India, Government of Bihar or other State Government or to Foreign Service;\n(vi) to issue orders regarding the promotion of Munsifs;\n[(vii) to pass orders of suspension, initiation of departmental proceedings against members of the Superior Judicial Service and Subordinate Judicial Service, and consequential orders in the said proceedings other than that of dismissal from service;]\n(viii) to issue Circular Orders and General letters to the Subordinate Courts;\n(ix) to dispose of any matter which might have been dealt with by the Judge in charge of the Administrative Department, but which he has referred to the Committee for their opinion;\n[(x) to make recommendation to the State Government for compulsory retirement of any Judicial Officer of any rank:\n(xi) to dispose of any matter referred to it by the Full Court which might have been dealt with by the Full Court.\n4.\n[5.\nPowers of the Judge in the Administrative Department\nPowers of the Judge in the Administrative Department\n6.\n7.\n[(i) Grant or refusal of leave to District and Sessions Judges and Additional District and Sessions Judges;]\n(ii) Matters arising out of the revision of all periodical returns and statements furnished by the Subordinate Civil and Criminal Courts;\n(iii) The leave, [x x x x x] of Subordinate Judges, with or without the powers of an Assistant Sessions Judge, and Munsifs with extraordinary powers;\n(iv) All other correspondence not relating to matters judicial, or to orders of other Judges;\nSub-Committees\nSub-Committees\n8.\n9.\n10.\nContemplated Legislation\nContemplated Legislation\n11.\nGeneral\nGeneral\n12.\n13.\n14.\n[(ii)] [xxx] [ln respect of any other matter within the cognizance of the Court, a Judge may request for holding of a Full Court meeting. When such a request is made, the opinion of the other members of the Full Court should be ascertained, and in case, the majority of the Judges are of the opinion that for consideration of the matter suggested a meeting of the Full Court be convened, such meeting shall be called ordinarily within two weeks of the decision aforesaid.]\n[15.\n(i) All appointments which by law are [to be] made by the High Court and which are not otherwise expressly provided for by the Rules in this Chapter.\n(ii) All recommendations for the dismissal from office of Judicial Officer.\n(iii) Proposals for designating Advocates as Senior Advocates under Section 16 (2) of the Advocates Act, 1961.\n(iv) Matters relating to the service conditions, facilities and amenities of the Judges of the Court.\n(v) Constitution of Rule Committee under Section 123 of the New Civil Procedure Code nominating Judges for the Rule Committee.\n(vi) Consideration of matters relating to the Chief Justices' Conference.\n(vii) High Court Calendar.\n(i) Proposed changes in the law where the proposition emanates from the Government or, in other cases, where a Committee or any Judge of the Court considers that action is called for.\n(ii) The Administration Report yearly submitted to Government when passed by the Judges of the Standing Committee.\n(iii) Rules which when published will have the force of law.\n(iv) Subjects connected with the relation between the Supreme Court and the High Court.]\n16.\n17.\n18.",
"footnote": "",
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"number": "2",
"title": "CHAPTER II",
"chapter": "CHAPTER II",
"content": "Constitution of Benches and Powers of Benches and of the Registrar\n1.\n[(i) (a) A First Appeal from an order and any Cross-objection therein, irrespective of the date of institution of such appeal or Cross-objection.\n(b) An Appeal from an original decree arising out of a suit and any Cross-objection therein irrespective of the date of institution of such Appeal or Cross-objection.]\n(ii) A second appeal from a decree or order and any cross-objection therein irrespective of the value of the Appeal or Cross-objection and irrespective of the date on which such Appeal or Cross-objection was instituted.\n(iii) [Omitted] ,\n(iv) [Omitted]\n(v) [Omitted],\n(vi) [Omitted].\n(vii) A motion to admit an application and an application when admitted:\n(a) For an order under Section 22 or Section 23 of the Code of Civil Procedure or for an order under Section 24 of the same Code for the transfer of a case from one Civil Subordinate Court to another;\n(b) [Omitted],\n(c) Under Section 115 of the Code of Civil Procedure or under Section 25 of the Provincial Small Cause Courts Act, irrespective of valuation and the date of filing of such application.\n[(d) Under Order XLIV, Rule 1 of the Code of Civil Procedure arising out of an appellate decree.]\n(viii) [Omitted],\n(ix) [Omitted].\n(x) A suit coming before the Court in the exercise of its ordinary or extraordinary original civil jurisdiction.\n(xi) A proceeding under the Indian Companies Act, the Indian Trusts Actor the Indian Patents and Designs Act.\n(xii) [Omitted].\n(xiii) Any other application -\n(a) which under these Rules may be made to a Judge sitting alone;\n(b) which under these Rules is not expressly required to be made to a Bench of two or more Judges or to the Registrar;\n(c) which is made in any matter within the jurisdiction of a Judge sitting alone and which is not otherwise expressly provided for.\n[(xiv) A case coming before the court in the exercise of its ordinary or extraordinary original criminal jurisdiction, except the cases under Section 15 of the Contempt of Courts Act, 1971.]\n(xv) An appeal, application or reference under the Code of Criminal Procedure, other than -\n(a) an appeal or reference in a case in which a sentence of death or of transportation for life has been passed;\n(b) an appeal under Section [378] from an order of acquittal relating to an offence punishable with death or with imprisonment for life or with imprisonment of either description for more than ten years and passed by a court competent to pass such sentence:\n[(c) an appeal under Section 377or a case in which notice has been issued under Section 401 to an accused to show cause why the sentence should not be enhanced;]\n[(d) an appeal, revision or reference in which a substantive sentence of more than ten years' imprisonment has been passed:\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n10A.\n11.\n12.\n13.\n(i) [Deleted by C. S. No. 106 dated 30.9.1996.]\n(ii) [To issue notices on an application for Probate or Letters of Administration or for revocation of the same]\n(iii) [Deleted by C.S. No. 106, dated 30.09.1996.]\n(iv) To dispose of all matters relating to Court-fees or to the service of notices or other processes.\n(v) To [xxx] dispose of an application under Order XXII, Rules 2, 3, 4 or 10 and to amend the record, if necessary, except in cases under appeal to Supreme Court.\n(vi) To appoint or discharge a next friend or guardian adl item of a minor or person of unsound mind, except in cases under appeal to Supreme Court and to amend the record accordingly.\n(vii) To [xxx] dispose of an application under Chapter VI, Rules 2 to 7, and to amend the record if necessary.\n(viii) To [xxx] dispose of an application for the withdrawal of an appeal or a consent-decree or order.\n(ix) To [xxx] dispose of an application under Order XLI, Rules 5, 6, 8 and 10.\n(x) [To issue notice on an application under Order XLV, Rule 2 or 15] ,\n(xi) [To issue notice on an application for substitution of names in an appeal to Supreme Court] .\n(xii) To require any memorandum of appeal, petition, application or other proceeding presented to the Court [xxx] to be amended in accordance with the procedure or practice of the Court.\n(xiii) To call for records from Subordinate Courts.\n(xiv) To dispose of requisitions by Sub-ordinate Courts for record and documents.\n(xv) To [xxx] dispose of an application for the return of a document.\n(xvi) To require any person or party to file an affidavit with respect to any application or matter in respect of which he has power to exercise any discretion or to make any order.\n(xvii) To stop at his discretion the issue of all or any papers to any person who has failed to pay any fee or charges due to the Court.\n(xviii) To give leave to search the records of the Court under the Rules in that behalf.\n(xix) To dispose of all applications for copies of records whether presented by parties or by persons who are not parties to the proceedings to which such records relate.\n(xx) To decide the question of the necessity for transcribing and printing any accounts not specifically applied for by the parties to an appeal to Supreme Court.\n(xxi) To call for a further deposit when the deposit already made by the Appellant in an appeal to Supreme Court is not sufficient to defray the cost of preparing the record.\n(xxii) To order payment of the interest accruing on Government Promissory Notes under Order XLV, Rule 7, and to order the refund of any unexpended balance under Order XLV, Rule 12.\n(xxiii) To direct in what newspapers the publication referred to in Order XLV, Rule 9A of the Code of Civil Procedure, shall be made:\n14.\n15.\n16.\n17.\nChapter IIA\nRules regarding Purchase, Issue and Return of Books in the High Court Library\nLibrary\n(i) General\n(i) General\n1.\n2.\n(a) General Library\nLibrarian\n(b) Single Judge's Court-room Library\nBench Clerk concerned.\n(c) Divisions Bench's Court room Library\nBench Clerk of the senior Judge occupying the\n\t\t\t\tCourt-room.\n(d) Judge's Chambers' Library\nBench Clerk of the Judge occupying the Chambers.\n(e) Officers' Chambers' Library\nOfficer occupying the Chambers or any other\n\t\t\t\tperson authorised by him.\n(f) Library at the residence of the Chief\n\t\t\t\tJustice\nPrivate Secretary to the Chief Justice or any\n\t\t\t\tother person authorised by him.\n(g) Libraries at the residences of Judges and\n\t\t\t\tOfficers\nPersonal Assistants to the Judges and the\n\t\t\t\tStenographers attached to the Officers.\n(h) Libraries in the office-rooms\nChief Ministerial Officer of the office\n\t\t\t\tconcerned.\nNote 1. - Each of the officers in column no. 2 above shall periodically examine the books in his charge to ensure that no damage is being done by white ants or otherwise and report the matter to the Registrar in case of any damage, loss or theft.\nNote 1.\nNote 2. - Whenever any officer makes over charge on transfer or otherwise it shall be the duty of his successor to satisfy himself that the books in his charge are complete and in order.\nNote 2.\n3.\n(ii) Purchase and Stock of Books\n(ii) Purchase and Stock of Books\n4.\n5.\n(b) Subject to availability of fund the Chief Justice and the other Judges of the Court may order suo motu the [purchase of books etc. relating to law and allied subjects.]\n6.\nForm\nForm\nStock Register of Books in the Court Library\nStock Register of Books in the Court Library\nSI. No.\nDate of receipt\nTitle of books\nNo. of copies\nPrice, if any\nFrom whom received\nHow disposed of\nLibrary\nRemarks\nHead\nNo.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n(b) Correct catalogues must be kept of the books in the Library. Additions to the Library will be brought in the catalogue without any delay. No particular form is required but the catalogue should be of stout paper and strongly bound to be preserved for ever. Under each class where all entries relating to existing books have been made, a certain number of blank pages should be left for future entries. At the end of the volume, a few blank pages should be reserved for the purpose of entering therein books of any class for which the space allotted has proved sufficient. The necessary cross reference to such pages should be made. The catalogue should be revised as and when necessary.\n(c) A list in duplicate of all books in the various Sections mentioned in Rule 2 except the General Library, shall be prepared. One copy of each list will be kept by the Librarian and the other by the Custodian noted against each of the Section mentioned in items (b) to (h) in the aforesaid rule. Whenever a book is supplied, the Librarian will make an entry of the book in both the copies of the list immediately and obtan the signature of the Custodian concerned in the copy of the list kept by the Librarian in token of his having received the book.\n7.\n8.\nBook Card\nBook Card\nBorrower's name\nDate of issue\nDate of return\nSignature of the Librarian\n1\n2\n3\n4\n9.\n(iii) Issue and Return of Books\n(iii) Issue and Return of Books\n10.\n(b) In case a book is required by one of the Judges, and it is not possible to obtain a requisition immediately, the Librarian shall make a note of the book and the person to whom it is handed over and obtain a requisition in proper form from the Bench Clerk if the requisition is made during Court hours or from the Personal Assistant to the Judges concerned, if the requisition is made from the Judge's residence.\n(c) Books may be issued to the members of the staff for the purpose of reference on a requisition being made in the prescribed form countersigned by the Chief Ministerial Officer of the Department concerned.\n(d) The Bench Clerk will not normally requisition from the General Library any text-book, Journal, Act, Rule, etc., which has already been provided in the Courtroom Library. If any such requisition is made in an exceptional circumstance, the Bench Clerk concerned shall see that the book so requisitioned is returned to the Library promptly and not detained unnecessarily.\n11.",
"footnote": "",
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"sort_order": 1
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{
"number": "1",
"title": "1. Serial number.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
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{
"number": "2",
"title": "2. Serial number of the requisition.",
"chapter": null,
"content": "",
"footnote": "",
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"sort_order": 3
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{
"number": "3",
"title": "3. Name of the borrower.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "4",
"title": "4. Name and number of each book issued from the Library.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "5",
"title": "5. Date of issue.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "6",
"title": "6. Date of return and the Librarian's initial with date.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "7",
"title": "7. Date of reminder, if any.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
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{
"number": "8",
"title": "8. Remarks.",
"chapter": null,
"content": "Note 1. - The requisition slip will serve the purpose of acknowledgement from the borrower. As such no separate receipt need be insisted upon.\nNote 1.\nNote 2. - The requisition slips shall be filed in a separate bundle for each month.\nNote 2.\n(b) When the books are received necessary entries will be made in the cards, which will be kept back in the books, and in the Issue Register. Entries in the requisition slips relating to those books will be struck off with red pencil and intialled by the Librarian. The requisition slips will, thereafter, be treated as cancelled and returned to the requisitionists. Such of the cancelled requisition slips, as have not been returned will be destroyed by the Librarian at the close of each quarter in presence of the Administrative Officer concerned.\n(c) If an acknowledgment for the books returned to the Library is desired, the person returning the book will send it to the Library on a Despatch Register and obtain the signature of the Librarian thereon, or, will send an acknowledgment duly prepared along with the book which will be signed and returned by the Librarian.\n(d) Before restoring to the Library books returned by a borrower the Librarian will satisfy himself that the books have not been torn, stained or damaged in any way. In case he finds any such defect he will report the fact to the Registrar forthwith.\n12.\n13.\n14.\n(iv) Miscellaneous\n(iv) Miscellaneous\n15.\n16.\n17.\n18.\nPart-II\nProcedure and Practice\nProcedure and Practice\nChapter III\nGeneral Rules regarding Applications and Affidavits\n1.\n2.\n(i) the facts, matters and circumstances upon which the applicant relies;\n(ii) the matter of complaint, if any, and the relief sought.\n3.\n(ii) Affidavits may also be filed in support of facts brought to the notice of the Court otherwise than by petitions referred to in Sub-rule (i).The solemn affirmation or oath required for such affidavits shall also be made before the Commissioner for Affidavits or other officer appointed for the purpose.\n4.\n(i) [Deleted by C. S. No. 107 dated 30.9.96]\n(ii) couched in proper language;\n(iii) signed and dated either by the petitioner or declarant or his pleader;\n(iv) presented either by the petitioner or declarant or his recognised agent or his pleader or some person appointed in writing in each case by such pleader to present the same.\nNote. - This Rule shall apply as far as possible to Vakalatnamas, process-fee sheets and other similar papers.\nNote.\n[4A.]\n[4B.]\nX (Left thumb impression)\n(Signature)\n5.\n\"In the High Court of Judicature at Patna:\nIn the matter of the petition of....\",\n5A.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\n(i) from another person, give such details of such person as are required by Rule 8,\n(ii) from a document or copy of a document, state the source from which it was procured, and shall state his belief as to the truth of such facts.\n13.\n14.\n15.\n16.\n17.\n18.\n19.\n20.\nOath\nOath\nAffirmation\nAffirmation\n21.\n22.\n23.\n24.\n(ii) No advocate may be qualified for appointment unless he has, at least for two years but not exceeding five years, been an advocate of the Patna High Court.\n(iii) The eligible advocates may submit their applications for appointment as Oath Commissioners to the President of the High Court Bar, who shall forward the same with his comments about the suitability of the candidates to the Registrar of High Court and every such application may be accepted if he is satisfied about the suitability of the candidate for appointment as Oath Commissioner.\n(iv) Such an Oath Commissioner will hold office for a term of two years from the date of his appointment or until a date on which he completes five years of practice at the Bar, whichever is earlier:\n(v) Such on Oath Commissioner may charge a remuneration of [Rs. 10.000]\n(vi) With a view to ensure that all affidavits which are attested by an Oath Commissioner are entered in the register and receipt for the money received by him, the Registrar/Deputy Registrar will obtain such certificates from the Oath Commissioners of their registers and receipt books containing counter-foils as may be considered necessary.\n(vii) The register and receipt books consisting of counter-foils maintained by each Oath Commissioner shall be kept by him in safe custody and deposited in the office of the Registrar within fifteen days after expiry of his terms of office and a receipt obtained from the official nominated for the purpose. The record shall be kept in the office of the Registrar and preserved for five years and destroyed thereafter unless it is required in proceedings before any authority in connection with the investigation, enquiry or trial of a case and in that event, it shall be destroyed after the final decision in the proceedings of the case.\n(viii) A register of affidavit in the following form, should be maintained in which every application to have an affidavit attested and every affidavit verified, should be entered:\nForm of Register\nForm of Register\nRegister of Affidavits attested in the High Court of Judicature at Patna.\nRegister of Affidavits attested in the High Court of Judicature at Patna.\nSI. No.\nDate of application or of tendering affidavit\nName and address of the person tendering an\n\t\t\t\tapplication (if any) or affidavit\nNature of affidavit briefly stated; if the\n\t\t\t\taffidavit relates to a cause in court, the cause should be\n\t\t\t\tspecified\nDetail of exhibits if any attached to affidavit.\nDate of administering Oath or affirmation\nName and address of witness identifying the\n\t\t\t\tDeponent; if he is not known to officer administering oath &\n\t\t\t\this signature or thumb impression.\nSignature or thumb impression of the deponent\nName of the Court or office in which the\n\t\t\t\taffidavit is intended to be filed\nSignature and designation of the officer\n1.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n(ix) Above Rules alongwith the general Rules regarding affidavits and forms should be followed.]\n[CHAPTER IIIA]\nFiling Procedure\n1.\n2.\n3.\n4.\n(b) Hand written documents used as annexures if not easily readable in photostat, shall be accompanied by true typed copies.\n5.\n6.\n(a) Format of cause title.\n(b) Receipt showing service of copy on the Advocate General/other side as required under the Rules of the High Court or any other Statute.\n(c) Sufficiency of Court Fee Stamp.\n(d) Provision of law under which the filing is made.\n(e) Certified copy of the order under challenge and/or any order required under Rules of the High Court or under any other Statute.\n(f) Relief sought for.\n(g) Sufficiency of number of copies as required under the Rules of the High Court.\n(h) Other requirements under the Rules of the High Court of statutory requirement, if any:\n7.\n8.\n9.\n10.\n11.\n12.\n13.\n(ii) It will be open to the petitioner to make a prayer for interim relief in the main application such a writ petition except in case where the law requires a separate application to be filed for the purpose.\n(iii) All applications filed in the main case will be registered as interlocutory application and shall be given a separate number subject to the law relating to payment of Court fee.]\n14.\nFormat\nFormat\nIn the High Court of Judicature at Patna\nIn the High Court of Judicature at Patna\n(Civil/Criminal/Etc. Jurisdiction)\n(Civil/Criminal/Etc. Jurisdiction)\nI.A. No of 20.................\nI.A. No of 20.................\nin\nin\nC.W.J.C./F.A./S.A/Criminal Appeal etc. No 20.................\nIn the matter of\nA.\n...Petitioner/Appellant\nVersus\nB.\n...Respondent/Opposite Party\"",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "CHAPTER IV",
"chapter": "CHAPTER IV",
"content": "Appeals to the Supreme Court\nPart A\nCivil\nCivil\n1.\n2.\n3.\n4.\n5.\n(a) Section or the Statute under which it has been made;\n(b) names and full particulars of the addresses of the parties;\n(c) the number of the case in which the decree or order objected to was made and the date when such decree or order was made;\n(d) the names of the Judges by whom the decree or order objected to was made;\n(e) the position of the parties in the Court of the first instance;\n(f) the ground or grounds, numbered, seriatim of objection to the decree or order;\n(g) the relief sought; and that\n(h) the petitioner is ready and willing to comply with the Rule and orders as to giving security for costs and otherwise regulating appeals to the Supreme Court.\n[(ii) (a) In a case falling under Article 133 (1) of the Constitution, the petition shall clearly state how substantial question of law of general importance is involved; in case of oral application also the applicant shall satisfy the Court that the casd involves a substantial question of law of general importance.]\n(b) In a case falling under Article 132 (1) of the Constitution the petition shall state how a substantial question of law as to the interpretation of the Constitution is involved.\n(c) In a case falling under Article 135 of the Constitution the petition shall state how an appeal lies to the Supreme Court.\n6.\n7.\n8.\n9.\n10.\n11.\n(i) cause notice of the lodgment of the petition of appeal, served on the respondent in the manner prescribed in Rule 4 (supra). In case the respondent had not been represented at the hearing of the connected case by a pleader, notice of the lodgment of the petition of appeal shall be served on the respondent;\n(ii) as soon as notice as aforesaid is served, send a certificate as to the date or dates on which the said notice was served.\n12.\n(b) Where the proceedings from which the appeal arises, had in this Court or in the courts below, not been in English language, the Registrar shall within six months from the date of the service on the respondent of the notice of the petition of appeal, transmit to the Court in triplicate, a transcript in English, of the record proper of the appeal to be laid before the Court, one copy of which shall be duly authenticated and no original record shall be transmitted until specifically requisitioned.\n(c) Provisions contained in Rules 15 to 20 of Order XV of the Supreme Court Rules, 1966, shall apply mutatis mutandis when a transcript in English is to be prepared and transmitted under clause (b) of this Rule.\n(d) Provisions contained in Rules 15 to 25 of Order XV of the Supreme Court Rules, 1966, shall apply mutatis mutandis when the record itself is to be prepared under special direction of the Supreme Court, under Rule 27 of Order XV of the Supreme Court Rules, 1966, under the supervision of the Registrar of this Court.\n(e) The list to be filed by the appellant under Rule 15 and the additional list to be filed by the respondent under Rule 16 of the Supreme Court Rules shall be accompanied by a challan showing deposit of Rs. 16 as estimating cost with the cashier of the Court. This amount shall be taken into account while preparing the estimate of cost to be paid by appellant and respondent under Rules 18 and 19 of the Supreme Court Rules respectively.\n(f) In cases where certificates were granted prior to March 1,1966-\n(i) and printing of the Supreme Court appeal paper book was taken up in the High Court and has not been completed, the printing should be completed under the supervision of the Registrar in accordance with Rules 15 to 25 of Order XV and the Rules in the first schedule to the Supreme Court Rules, 1966, as far as practicable, and printing charges shall be realised according to the rates prescribed in Rules mentioned hereinafter.\n(ii) but, if the printing of the paper book has not been taken up, the Registrar shall take action for transmission of the records in accordance with clauses (a) and (b) of this Rule, as the case may be.\n13.\nEstimate of cost\n...\n...\nRs. 16.00\nTranslation for every 150 words or less\nRe. 1.00\nPreparation of the transcript\n:\nThe rates specified in Chapter XIV, Rules in\n\t\t\t\ttriplicate 5, P. H. C. Rules\nAuthenticating one copy of transcript record,\n\t\t\t\tfor every 8 pages.\nRe. 1.00\nPreparation of Index for every 16 pages\nRe. 1.00\nPreparation of list of omitted documents for\n\t\t\t\tevery paper\nRe. 0.10.\nChecking fee per page\n...\n...\nRe. 0.10\nFor transmission of the record to the Supreme\n\t\t\t\tCourt:\nAccording to existing Postal or Railways rates.\n14.\n[Per printed page where not more than 70 copies are required]\nAs per rates in the contract\nFor tabular matter exceeding one-tenth of the whole\n\t\t\t\tpaper-book\nin force\nCertifying one copy of the printed\n\t\t\t\trecord, for every 8 pages\n...\nRe. 1.00\n15.\n16.\n17.\n18.\n19.\n20.\n21.\n22.\n23.\n24.\nPart B - Criminal\nPart B - Criminal\n25.\n26.\n27.\n28.\n29.\n30.\n31.\n32.\n33.\n34.\n35.",
"footnote": "",
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},
{
"number": "12",
"title": "CHAPTER V",
"chapter": "CHAPTER V",
"content": "Reference to a Full Bench\n1.\n2.\n3.\n4.\n5.\n6.\nNote. - The judgment in all cases heard by a Full Bench is to be circulated for information to all the judges of the Court who did not take part in the decision.\nNote.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "CHAPTER VI",
"chapter": "CHAPTER VI",
"content": "Appointment of Guardians and Substitution of Legal Representatives\n1.\n2.\n3.\n4.\n5.\n(a) a beneficiary in property which at the date of such decree or order was vested in or was in the possession of a trustee, executor, administrator or a receiver or manager appointed by a Court, who as such was a party to such decree or order, or\n(b) a legal representative as such of deceased party to such decree or order, or\n(c) an assignee of a party to such decree or order by assignment sub sequent to the date thereof or,\n(d) a person whose interest arose after the date of such decree or order by reason of any creation or devolution of interest by, through, or from any party to such decree or order,\n6.\n7.\n8.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "CHAPTER VII",
"chapter": "CHAPTER VII",
"content": "Procedure before Admission\n1.\n2.\n3.\n(a) the name and address of each appellant or applicant;\n(b) the name and address of each person whom it is proposed to make a respondent;\nNote. - Address in (a) and (b) includes name of thana and name of Munsif.\nNote.\n(c) the Court in which, and the name of the Judge or Munsif by whom, the decree or order objected to was made;\n(d) the date when and the number of the case in which such decree or order was made;\n[(e) the description of the parties to appeal or application as to whether such parties were plaintiffs, defendants or applicants in the Court of first instance;]\n(f) the ground or grounds numbered seriatim of objection to the decree, order or judgment;\n(g) the relief sought by such, appeal, review or revision;\n(h) the value of the appeal; and in the case of an application for revision, the value of the suit out of which the application arises:\n(i) in the case of an appeal, whether the suit, in which the appeal is made, has already been before the Court on appeal.\n(ii) in case of Civil Revision under Section 115, C.RC. and Section 25 of the Provincial Small Cause Court Act, the applicant shall state whether an application on the same facts and against the same order or judgment had been previously filed before this Court on behalf of all or any of the petitioner, and if so, with what result.\n4.\n5.\n(i) Appeal from orders of the Lower Appellate Courts remanding cases for re-trial; and\n(ii) Appeals from the Orders of the Lower Courts made on remand by the High Court,\nor\n6.\n7.\n8.\n9.\n10.\n11.\n12.\n12A.\n13.\n13A.\n14.\n15.\n16.\n(a) In the case of an appeal from an original decree admit it and issue notice to the respondent;\n(b) In the case of an appeal under Clause 10 of the Letters Patent order it to be laid before the Bench to which such appeals are assigned;\n(c) [Deleted by C. S. No. 48, dated 08.10.1982].\n17.\n18.\n19.\n20.\n21.\n22.\n23.\n24.\n25.\n26.\n27.\n28.\n29.",
"footnote": "",
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},
{
"number": "15",
"title": "CHAPTER VIII",
"chapter": "CHAPTER VIII",
"content": "Procedure after Admission\n1.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n11 A.\n12.\n(a) the Court in which such record, document or paper is;\n(b) the record or file in which such document or paper is;\n(c) the date of the record, document or paper;\n(d) in what language the document or paper is;\n(e) the date when the document or paper was filed.\n13.\n14.\n15.\n(b) On each Saturday other than that on which Monthly Cause List is prepared, or, if that Saturday be a holiday, on the last working day of the week, the Registrar shall cause to be prepared and printed a list of cases made ready during the week. This list shall be called Weekly Supplement to the Monthly Cause List.\n(c) The cases of the Weekly Supplement shall be deemed to have been entered in the Monthly Cause List year wise at the bottom of the cases of that year under appropriate headings.\n(d) A copy of each of the Lists shall be posted on the notice-board outside the Lawazima Court.\n16.\n(b) Cases shall be taken on to the Daily Cause List from the top of the Monthly Cause List strictly in the order in which they stand and there shall be no deviation except by the order of Registrar or Bench under Rule 22 of this Chapter. The Daily Cause List shall so far as possible be sufficiently long to provide three days' approximate work:\n(c) The Registrar shall include in the Daily Cause List a list of the cases which will be taken up by him on the following day.\n17.\n18.\n19.\n20.\n21.\n22.\n(a) the Bench (when the case appears in the Daily Cause List) or the Registrar (in both cases), may order such case to stand out of its place in such list or to be adjourned if such Bench or the Registrar is satisfied that by reason of legal process, recent death, sudden illness or domestic bereavement or by reason of a pleader who is alone for a party in the case being engaged elsewhere for the Government, the party cannot be properly represented at the hearing unless such order is made, or for any other sufficient cause and in its discretion.\n(b) Any person desiring that a case may not be in its turn placed in the Daily Cause List in accordance with Rule 16 (b) for any particular day or days may apply to the Registrar in Lawazima court. The Registrar may, if satisfied, there are exceptional reasons, order that such case shall not be placed in the Daily Cause List for any such day or days.\n(c) The Registrar alone in the office shall be competent to adjourn ready cases.\n23.\n24.\n24A.\n25.\n26.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "CHAPTER VIIIA",
"chapter": "CHAPTER VIIIA",
"content": "Notice of proceedings to Advocate-General\n1.\n2.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "CHAPTER IX",
"chapter": "CHAPTER IX",
"content": "Preparation of Paper-Books\n(A) General\n1.\n(a) The size shall be 32 by 64 cms of foolscap folio.\n(b) The type used in text shall be pica modem, solid, with italics where necessary, but long primer shall be used in printing accounts, tabular matter and notes.\n(c) Every tenth line on each page shall be numbered, i.e., the tenth line shall be numbered 10, the 20th line 20, and so on.\n2.\nNote. - Maps forming part of a paper-book shall be included in the table of contents but shall not be bound up with the other papers in the paper-book, Such maps shall be drawn or printed on durable paper and they shall form a separate packet with a separate list.\nNote.\n3.\n4.\n(B) Appeals from Original Decrees\n(B) Appeals from Original Decrees\n5.\n6.\nNumber on the record.\nMark (if any) in the Court below.\nDescription and date of paper.\nWhether the whole or portion, and (in case of a\n\t\t\t\tportion) what portion to be inserted in the paper-book.\nPage of paper-book (to be filled in after).\n1\n2\n3\n4\n5\n7.\n(i) The following papers shall be typed or printed in every case, and must always be entered in the list, viz : -\n(a) The plaint, exclusive of schedules;\n(b) Written statements of parties;\n(c) Issues;\n(d) The judgment and the decree or order against which the appeal is preferred;\n(e) the grounds of appeal.\n(ii) It shall ordinarily be unnecessary to enter in the list any of the following papers, viz,: -\n(a) Schedules:\n(b) Maps and plans in all cases other than chur, partition and boundary cases;\n(c) Accounts, Jama-Wasil-baki, and similar papers except particular entries relevant for the decision of the appeal;\n(d) Leases, pattas, Kabuliyats;\n(e) Receipts, Chalans;\n8.\n9.\n10.\n11.\n12.\n13.\n14.\n15.\n16.\n17.\n18.\n19.\nEstimates shall be prepared at the following\n\t\t\t\trates: -\nCost.\nRs.\nPs.\nCounting fee per 10,000 words\n...\n...\n1\n00\nTranslation fee for 150 words\n...\n...\n1\n00\nCopying fee\n...\n...\nThe rate specified in Chapter XIV, Rule 5.\n[Printing fee for 20 copies.]\nOrdinary matter per page Tabular work more than one\n\t\t\t\ttenth of the whole or any paper-book per page.\nAs per rates in the contract in force.\nRs.\nPaisa.\nIndex Charges for each paper\n...\n...\n0\n10\nRegistration fee and postage\n...\n...\nAccording\n\t\t\t\tto existing postal rates.\nChecking fee per page\n...\n...\n0\n10\nNote. - 1. In preparing the index of the exhibits or documentary evidence care should be taken to give a correct and full description of each document. The description as furnished in the lists prepared by the subordinate Courts or filed by the pleaders in this Court, should not be relied upon, but the documents themselves should be consulted in order that a full and accurate description may be given in the index.\nNote.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "2",
"title": "2. A quarter page shall be taken as the unit of measurement for charges when printing does not cover the whole page, that is to say, the charge will be 1/4 of the rate for a page for printing occupying 1/4 of the page or less, 1/2 of the rate for a page for printing exceeding 1/4 and not exceeding 1/2 of a page, 3/4 of the rate for a page for printing exceeding 1/4 and not exceeding 3/4 of page, the full rate for a page for printing exceeding 3/4 of a page.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "14",
"title": "3. For rate of printing maps and plans, see Rule 14 in Chapter IV.",
"chapter": "Chapter IV",
"content": "20.\n21.\n22.\n23.\n24.\n25.\n26.\n27.\n28.\nEstimating\n\t\t\t\tTranslating etc. (as in Rule 97).\nBy the Appellant.\nBy the Respondents.\nNo. of pages.\nRate of Charge.\nAmount Rs. Paise\nNo. of pages.\nRate of Charge.\nAmount\nRs. Paise\n(b) Any surplus remaining after deducting the costs actually incurred by each party from the amount deposited with the Cashier of the Court, shall be refunded upon request to the party by whom the deposit was made.\n29.\n30.\n31.\n32.\n33.\n33A.\n(C) Appeals from Appellate Decrees\n(C) Appeals from Appellate Decrees\n34.\n(a) The judgment of the Court of First Instance.\n(b) The judgment of the lower Appellate Court.\n(c) the memorandum of appeal to the High Court.\n(d) In a case which has been remanded either to the Court of First Instance by the lower Appellate Court, or to the lower Appellate Court by the High Court, the order remanding the case, and the judgment or order passed on such remand.\n(e) A front leaf containing the number of the case, names of the Judges of the two courts below, names of the parties and of their advocates, date of institution of the suit, date of the judgment of the First Court, date of the Judgment of the lower appellate Court, date on which the second appeal was filed, date of service of notice upon the Respondents and date on which the case was ready for hearing.\n(f) The plaint.\n(g) The plaintiff's written statement, if any.\n(h) The defendant's written statement.\n35.\n36.\n37.\n38.\n39.\n40.\n41.\n42.\n43.\n(D) Appeals from Orders and Applications for Review and Revision\n(D) Appeals from Orders and Applications for Review and Revision\n44.\n45.\n46.\n(i) the applications or proceeding on which the order appealed against was passed;\n(ii) the petition, if any, filed in answer;\n(iii) the evidence, oral or documentary, which may have been taken put in with reference to the application or proceeding and which necessary for decision of the appeal;\n(iv) the order appealed against;\n(v) the memorandum of appeal;\n(vi) a front-leaf containing the number of the case, name of the judge of the Court below, names of the parties and of their advocates, date of institution of case in the lower court, date of the judgment under appeal and date on which the appeal was filed in the High Court; and\n(vii) an index indicating the full particulars and the pages of the papers included in the paper-book.\nStatement of the amount of costs incurred in the preparation of paper-book\nBy the appellant\nBy the respondent\nNumber of words\nAmount\nNumber of words\nAmount\nFor translating...\nFor copying...\nFor materials....\nFor tracing map...\nFor indexing...\nRs. Paise\nRs. Paise\nTotal\nTotal\n51.\n(a) the order or orders, judgment or judgments of the subordinate Court or Courts;\n(b) the memorandum of appeal to the High Court.\n52.\n53.\n(i) the application;\n(ii) any affidavit filed with the application;\n(iii) any affidavit in reply;\n(iv) the judgment and the decree or order to which the application relates.\n54.\n(i) the application;\n(ii) the judgment, decree or order to which the application relates;\n(iii) if the judgment, decree or order to which the application relates was a judgment, decree or order delivered by a Court sitting in appeal, then a copy of the judgment, decree or order of the Court of first instance, a copy of the memorandum of appeal to the Appellate Court, a copy of any memorandum of objection to the decree of the Court of First instance, a copy of any order of remand, a copy of any return to any such order of remand and a copy of any memorandum of objection to such return.\n(E) Letters Patent Appeals\n(E) Letters Patent Appeals\n55.\n(a) Memorandum of the Letters Patent Appeal;\n(b) Judgment and decree under Appeal;\n(c) Order admitting the Letters Patent Appeal;\n(d) All papers included in the paper-book of the connected appeal from original decree:\n(ii) Five typed copies of the paper-book shall ordinarily be prepared in the office of the Court at the cost of the appellant and one copy of the same will be supplied to each of the two parties.\n56.\n(a) Memorandum of the Letters Patent Appeal;\n(b) Judgment and decree of the Court passed in the second appeal;\n(c) Judgment and decree of the Court of First Instance and of the Lower Appellate Court;\n(d) Memorandum of the second appeal and of the cross-objection, if any,\n(e) Order granting leave to appeal.\n(ii) Five typed copies of the paper-book shall ordinarily be prepared in the office of the Court at the cost of the appellant and one copy of the same will be supplied to each of the two parties.\n57.\n(b) Five typed copies of the paper-book shall ordinarily be prepared in the office of the Court at the cost of the appellant and one copy of the same shall be supplied to each of the two parties:\n58.\n(a) Memorandum of the Letters Patent Appeal;\n(b) Judgment and decree (if any) under appeal;\n(c) Petition filed under Articles 226 and 227 of the Constitution of India along with its annexures, if any;\n(d) Petition to reply or counter-affidavit, if any;\n(e) Order admitting the Letters Patent Appeal.\n59.\n(a) Memorandum of the Letters Patent Appeal;\n(b) The application or proceeding on which the order appealed against was passed;\n(c) Judgment or order and decree (if any) under appeal:\n(d) Order admitting the Letters Patent Appeals;\n(e) Any other paper a list of which may be filed by the parties.\n(ii) Five typed copies of the paper-book shall ordinarily be prepared in the office of the Court at the cost of the appellant and one copy of the same shall be supplied to each of the two parties:\n60.\n61.\n62.",
"footnote": "",
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"sort_order": 18
},
{
"number": "20",
"title": "CHAPTER X",
"chapter": "CHAPTER X",
"content": "Judgment and Decree\n1.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\n13.\n14.\n15.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "CHAPTER XI",
"chapter": "CHAPTER XI",
"content": "Probate and Letters of Administration\n1.\n2.\n3.\n4.\n(a) A certificate of the Registrar as to duty having been paid, or a certificate of the Taxing Officer that no duty is payable.\n(b) A certificate of the Registrar that no intimation has been received by this Court from any other High Court or from any District Court, of any grant of Probate or Letters of Administration of the property and credits of the deceased with effect throughout India except the State of Jammu and Kashmir.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\n13.\n14.\n15.\n16.\n17.\n18.\n19.\n20.\n21.\n22.\n23.\n24.\n25.\n26.\n27.\n28.\n29.\n30.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "CHAPTER XII",
"chapter": "CHAPTER XII",
"content": "Procedure in Criminal Cases\n(A) General\n1.\nNote. - An accused person cannot make an affidavit in his own case.\nNote.\n2.\n3.\n(a) the name and address of each appellant or applicant;\n(b) the name and address of each person whom it is proposed to make a respondent\n(c) the provision of the Code of Criminal Procedure under which the appeal or application is sought to be presented;\n(d) facts of the case in brief;\n(e) ground or grounds numbered serially;\n(f) the case number and date of order or judgment aggrieved;\n(g) the relief prayed;\n4.\n(ii) Every application for revision under Section 397 of the Code of Criminal Procedure shall state that none of the petitioners to the application has filed any application under that Section to the Sessions Judge against the same order or judgment against which the application is sought to be filed.\n4A.\n5.\n6-7.\n8.\n9.\n9A.\n10.\n11.\n(i) the records to be sent for, the Registrar shall send for the record and on receipt thereof shall submit it to the Judge or Judges who passed the order;\n(ii) a Rules to issue, the Registrar shall fix a day for hearing and shall cause notice to issue in the prescribed form;\n(iii) the record to be sent for and Rule to issue, the Registrar shall fix a day for hearing and shall issue notices in prescribed from and send for record.\n12.\n(i) the records to be sent for the Registrar shall send for the records and submit it to the Judge who passed the order;\n(ii) a Rule to issue, the Registrar shall fix a day for hearing and shall cause notice to issue in the prescribed form;\n(iii) the records to be sent for and Rule to issue, the Registrar shall fix a date for hearing, cause notices to issue in the prescribed form and send for the record.\n13.\n14.\n15.\n16.\n17.\n(b) Cases shall be taken on to the Daily Cause List from the top of Part I of the Monthly Cause List strictly in order in which they stand therein and there shall be no deviation therefrom unless there is express order of the Registrar or Bench that the case shall not be placed on the Daily Cause List, except upon special order of the Chief Justice. The Daily Cause List shall when possible be kept sufficiently long to provide approximate work for three days:\n(c) The Registrar shall have the Paper-Book of the cases in Part II of the Monthly Cause List and Weekly Supplements thereto prepared strictly in order of issue of notice and receipt of records and this order shall not be deviated from in the absence of a special direction with regard to any particular case from the Registrar or Bench:\n18.\n19.\n(B) Procedure in Original Trials\n(B) Procedure in Original Trials\n20.\n21.\n22.\n(i) First Information Report, if any;\n(ii) Record of any statement under Section 164 and examination under Sections 281 and 313, Cr. P.C.;\n(iii) The proceeding, if any, on which cognizance was first taken under Section 190, Cr. PC.;\n(iv) The charge and the altered charge, if any;\n(v) The entire record of evidence in the Magistrate's Court, if any;\n(vi) The grounds of commitment, if any;\n(vii) Documentary evidence, if any;\n(viii) Police challan, if any.\n23.\n24.\n25.\n26.\n(C) References in Capital Cases\n(C) References in Capital Cases\n27.\n28.\n29.\n(a) Police challan;\n(b) First information Report, if any;\n(c) Magistrate's charge with list of witnesses, if any;\n(d) Statement under Section 164, if any;\n(e) Examination under Section 281 and 131, if any;\n(f) Grounds of commitment, if any;\n(g) Record of evidence in the Court of Sessions with any further examination under Section 281 and altered charge, if any;\n(h) Judgment of the Sessions Court;\n(i) Material documentary evidence, if any;\n(j) Petition of appeal, if any;\n(k) Order-sheet and the list of exhibits.\n30.\n31.\n32.\n33.\n34.\n(D) Criminal Appeal by Accused against Conviction\n(D) Criminal Appeal by Accused against Conviction\n35.\nNote. - The name of the father and the residence of each appellant shall be stated in the petition of appeal.\nNote.\n36.\n37.\n38.\n(a) the petition of appeal;\n(b) the judgment appealed against;\n(c) any other petition or affidavit which may be filed and ordered by the Bench to be considered at the time of hearing of the appeal.]\n40.\n41.\n(i) First Information Report;\n(ii) Charge;\n(iii) Oral evidence;\n(iv) Dying Declaration, if any;\n(v) Post Mortem Report/Inquest report, if any;\n(vi) Confession, if any;\n(vii) List of exhibits;\n(viii) Statement of the accused who has made some positive statement;\n(ix) Judgment of the Trial Court.\n(x) Such other documents as may be ordered to be included in the paper book by the Court at the time of admission of the appeal or thereafter.]\n42.\n(E) Appeal by the State Government against sentence under Section 377 of the Code of Criminal Procedure\n(E) Appeal by the State Government against sentence under Section 377 of the Code of Criminal Procedure\n43.\n44.\n45.\n46.\n(F) Appeal against Acquittal\n(F) Appeal against Acquittal\n47.\n48.\n49.\n50.\n51.\n52.\n53.\n53A.\n54.\n(G) Other Appeals provided in Cr.P.C.\n(G) Other Appeals provided in Cr.P.C.\n55.\n56.\n(H) Criminal Revision\n(H) Criminal Revision\n57.\n(a) upon a petition presented to a Bench;\n(b) upon a petition received from Jail, if the Court is satisfied that the accused has no next friend or relation to file petition before a Bench;\n(c) upon an order by a Judge on perusal of a sessions statement;\n(d) upon an order by a Judge on examination of periodical returns.\n57A.\n58.\n59.\n60.\n61.\n(I) Criminal References\n(I) Criminal References\n62.\n63.\n64.\n65.\n(a) the letter making report;\n(b) order-sheet of the High Court;\n(c) a copy of the report;\n(d) the explanation of Magistrate, if any.\n66.\n66A.\n66B.\n(J) Criminal Miscellaneous\n(J) Criminal Miscellaneous\n67.\n68.\n69.\n70.\n(K) Custody of Records in Criminal Cases\n(K) Custody of Records in Criminal Cases\n71.\n72.\n73.\n74.\n(L) Allowances to Witnesses in Original Trial\n(L) Allowances to Witnesses in Original Trial\n75.\n76.\nClass one\nClass two\nBy Road:\nTaxi\n\t\t\t\tfare at the rate prescribed by the Directorate of Transport of\n\t\t\t\tthe State Govt. and if no such rate has been fixed as the court\n\t\t\t\tthinks reasonable.\nActual Bus fare.\nBy Rail:\n1st\n\t\t\t\tclass or 2nd class A.C. Sleeper/Chair Car fare. Conveyance:By taxi\nSleeper Class or 2nd Class fare By three Wheeler/ Auto Rickshaw.\nBoarding Expenses\nBoarding Expenses\nRs. 35 per diem.\nRs. 25 per diem.\nOn Journey expenses:\nRs.35 diem.\nRs. 25 per diem.\nNote. - Class one shall comprise Gazetted Officers, professionals like Doctors, Advocates, Architects, Chartered Accountants etc., Income Tax Payees, Members of Parliament, Members of State Legislatures.\nNote.\nClass Two.\n76A.\n77.\n78.\n79.\n80.",
"footnote": "",
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"sort_order": 21
},
{
"number": "23",
"title": "CHAPTER Xll-A",
"chapter": "CHAPTER Xll",
"content": "Procedure relating Applications and References under Section 256 of the Indian Income-Tax Act, 1961 (No.XLIIIof1961)\n1.\n2.\n(i) the assessment order;\n(ii) the appellate order;\n(iii) the order of the Tribunal under Section 254 (1);\n(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\n(v) any other relevant paper or papers which the Tribunal may consider relevant for the disposal of the application.\n3.\n4.\n5.\n(i) the order of the Income-tax Officer;\n(ii) the order of the Appellate Assistant Commissioner;\n(iii) the order of the Appellate Tribunal passed in the case under Section 254(1);\n(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.\n(v) the order of the Tribunal refusing to state a case and make a reference under sub-section(1) of Section 256.\n(vi) any other paper or document which the applicant considers necessary for the disposal of the application; and\n(vii) where the application is filed by an assessee, a certificate in original form 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.\n(b) [Deleted by C.S. No. 70, dated 12.12.1984.]\n6.\n7.\n8.\n9.\n(i) the application of the assessee of the Commissioner, as the case may be, to the High Court under sub-section (2) of Section 256;\n(ii) the order of the High Court requiring the Tribunal to state a case; and\n(iii) the statement of the case of by the Tribunal under sub-section (2) of Section 256.\n10.\n11.\n12.\n13.\n14.\n15.\n[CHAPTER XII-AA]",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "CHAPTER XII-AAA",
"chapter": "CHAPTER XII",
"content": "Procedure relating to the Applications and References under Section 27 of the Wealth Tax Act, 1957 (Act XXVII of 1957)",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "CHAPTER XII-B",
"chapter": "CHAPTER XII",
"content": "Procedure relating to Applications and References under Section 28 of the Bihar Agricultural Income-Tax Act, 1948 (Bihar Act XXXII of 1948)\n1.\n2.\n3.\n(i) the order of assessment under Section 20 or of penalty under Section 21 or 41 or of both, or, the order of assessment under Section 22, as the case may be;\n(ii) the order of the appellate authority under Section 25, or, the decision of the Board of Referees together with the Commissioner's statement of opinion under Section 26, as the case may be;\n(iii) the order of the revisional authority, where necessary, under Section 27 enhancing an assessment or otherwise prejudicial to the assessees;\n(iv) the order of the Board refusing to state a case and make a reference;\n(v) any other paper or document which the applicant considers necessary for the disposal of the application; and\n(vi) where the application is filed by an assessee, a certificate in original from the Board to the effect that the assessee has not withdrawn his application for reference before the Board.\n4.\n(i) the order of the Board rejecting the application as time- barred;\n(ii) certificate in original from the Board to the effect that the assessee has not withdrawn his application for reference before the Board; and\n(iii) any other papers which the applicant considers necessary to prove that his application under sub-section (2) was not time-barred.\n5.\n6.\n7.\n8.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "CHAPTER XII-C",
"chapter": "CHAPTER XII",
"content": "Procedure relating to Applications and References under Section 33 of the [Bihar Sales Tax Act, 1959] (Bihar Act XIX of 1959)\n1.\n2.\n3.\n(i) the order of assessment or penalty or both under Section 16 or order of penalty or both under sub-section (4) of Section 14 or under Section 24A, as the case may be;\n(ii) the order of the appellate authority under sub-section (5) of Section 30;\n(iii) the order of the Board passed in revision under sub-section (3) of Section 31;\n(iv) the order of the Board passed under sub-section (2) of Section 33 refusing to make a reference;\n(v) any other paper or document which the applicant considers necessary for the disposal of this application; and\n(vi) where the application is filed by an assessee, a certificate in original from the Board to the effect that the applicant has not withdrawn his application under Section 33 (1) before the Board.\n4.\n5.\n6.\n7.\nPart-III",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "CHAPTER XIII",
"chapter": "CHAPTER XIII",
"content": "Fees and Costs\n(A) Process Fees\n(A) Process Fees\n1.\n2.\nRs. P.\nArticle 1. - In every case in which\n\t\t\t\tpersonal or substituted service of any process on parties to the\n\t\t\t\tcause is required, where not more than four persons are to be\n\t\t\t\tserved with the same document, one fee\nArticle 1.\n... 4.50\nWhen such persons are more than four in number,\n\t\t\t\tthen the fee above mentioned, and an additional fee of\n\t\t\t\tseventy-five paise for every person in excess of four:\n... 0.75\nProvided that in the last-mentioned case where\n\t\t\t\tsuch persons reside in the same or immediately adjacent villages,\n\t\t\t\tthe additional fee may be such sum, not exceeding the amount of\n\t\t\t\tthe fee prescribed, as the High Court may, in the particular\n\t\t\t\tcase, determine:\nProvided also that in analogous cases, where the\n\t\t\t\tappellant is the same but the respondent are different, but\n\t\t\t\tresiding in the same or immediately adjacent villages, the same\n\t\t\t\tRule shall apply.\nArticle 2. - In every case in which\n\t\t\t\tpersonal or substituted service of any process on the persons who\n\t\t\t\tare not parties is required, when the number of such persons is\n\t\t\t\tnot more than four, one fee.\nArticle 2.\n... 4.50\nWhen there are more than four such persons, then\n\t\t\t\tthe fee above mentioned for the first four, and additional fee of\n\t\t\t\tseventy-five paise for every one in excess of that number\n... 0.75\nArticle 3. - For the execution of a warrant for arrest of the person\nArticle 3.\n... 4.50\nArticle 4. - For service or execution of\n\t\t\t\tany process issued by the Court, not specified in any preceding\n\t\t\t\tarticle of this part\nArticle 4.\n... 4.50\n3.\n(i) any processes which may be issued by the Court of its own motion solely for the purpose of taking cognizance of and punishing any act done or word spoken in contempt of its authority;\n(ii) any processes issued a second time in consequence of an adjournment made otherwise than at the instance of a party;\n(iii) any copy of a summons, notice, proclamation or other process fixed up in a Court-house or in office of a Collector;\n(iv) any order directing an officer in charge of a jail to detain or release a person committed to his custody.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\n(B) Other Fees\n(B) Other Fees\n13.\nRs. P.\n(1) For every search in the offices,\n\t\t\t\trecord-rooms, books, or registers of the Court\n... [2.00]\n(2) On each application for a copy of any\n\t\t\t\tdocument or record in the High Court, whether the copy applied\n\t\t\t\tfor is of a single document or more documents than one:\n...0.30\nProvided that this does not authorize an\n\t\t\t\tapplicant to ask in a single application for copies of more than\n\t\t\t\tone paper, if required in more than one case.There must be a\n\t\t\t\tseparate application, and therefore a separate stamp, for each\n\t\t\t\tcase.\n(3) For verifying any petition by solemn\n\t\t\t\taffirmation or on Oath, or for swearing or affirming every\n\t\t\t\taffidavit, intended to be used in the High Court.\n...3.20\nNote 1: The Advocate-General, the\n\t\t\t\tSuperintendent and Remembrancer of Legal Affairs for the State of\n\t\t\t\tBihar and the Law Reporter to Government are exempted from\n\t\t\t\tpayment of the catching fees referred to above.\nNote 1:\nNote 2: Where the fee for swearing or\n\t\t\t\taffirming an affidavit has been levied no fees shall be levied\n\t\t\t\tfor filing the same, provided that this exemption shall not apply\n\t\t\t\tto the fee payable in original suits for filing documents,\n\t\t\t\tannexed to affidavits.\nNote 2:\nNote 3: Fees for taking affidavits or\n\t\t\t\taffirmations. - Fees to be allowed to the Commissioner for Oaths\n\t\t\t\tand Affidavits deputed by the Registrar or the Court for taking\n\t\t\t\taffidavit or affirmation at the house of a party or any other\n\t\t\t\tplace other than the Court House, shall be as follows: -\nNote 3:\nFor the first affidavit, oath or affirmation\n\t\t\t\twithin a distance of 5 miles from the Court House.\n... 16.00\nFor the first affidavit, oath or affirmation\n\t\t\t\tbeyond a distance of 5 miles from the Court House.\n... 24.00\nFor every affidavit, oath or affirmation taken\n\t\t\t\tat the same time and place after the first, in the same suit,\n\t\t\t\tappeal or matter.\n... 8.00\nIn no case shall the Commissioner for Oath and\n\t\t\t\tAffidavits, be allowed, for taking any number of affidavits,\n\t\t\t\toaths and affirmations at the same time and place, more than\n\t\t\t\tRupees fifty, where place is within a distance of 5 miles from the\n\t\t\t\tCourt House; or more than Rupees sixty, where such place is\n\t\t\t\tbeyond the said limit.\n(4) For inspection of lower court records\n\t\t\t\treceived in connection with appeals and cases and disposed of\n\t\t\t\tHigh Court records -\n(i) If the application is by a party to the suit\n...1.00\n(ii) If the application is not by a party to the suit\n...5.00\n(iii) If the application is for immediate inspection by a party\n\t\t\t\tto the suit\n...5.00\n[(4) (a): For inspection of pending High Court\n\t\t\t\trecords.]\nRs. P.\n(i) If the application is for ordinary inspection\n2.00\n(ii) If the application is for urgent inspection\n5.00\nNote. - No fee shall be charge for\n\t\t\t\tinspection of criminal records.\nNote.\n(5) For information\n(i) If the suit is pending\n...0.50\n(ii) If the case has been disposed of\n...1.00\n(C) Costs\n(C) Costs\n14.\n(1) Appeals\n\t\t\t\tfrom Criminal Decrees\n(1) Appeals\n\t\t\t\tfrom Criminal Decrees\nAmount or value of the claim\nCost\nNot exceeding Rs. 1,000\nDrawing grounds of\n\t\t\t\tappeal\nHearing fee\n…\n…\nRs. 10\n5 percent on the valuation\nExceeding Rs. 1,000 and not exceeding Rs. 2,000\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\nRs. 20\n5 percent on the valuation.\nExceeding Rs. 2.000 and not exceeding Rs. 3,000\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n30\n5 percent on the valuation.\nExceeding Rs. 3.000 and not exceeding Rs. 5,000\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n40\n5 percent on the valuation.\nExceeding Rs. 5,000 and not exceeding Rs. 10,000\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n50\n300\nExceeding Rs. 10.000\n\t\t\t\tand not exceeding Rs. 20,000\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n50\n500\nExceeding Rs. 20.000 and not exceeding Rs.\n\t\t\t\t50,000\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n100\n750\nExceeding Rs.\n\t\t\t\t50,000...\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n100\n1,000 Plus 1/2 percent on the excess over\n\t\t\t\tRs.50000 subject to a maximum of Rs. 5000\n(2) Second Appeals\n(2) Second Appeals\nNot exceeding Rs. 200...\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n4\n16\nExceeding Rs. 200 and not exceeding Rs. 1,000.\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n8\n32\nExceeding Rs. 1,000\n\t\t\t\tand not exceeding Rs. 5,000\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n12\n48\n[Exceeding Rs. 5,000 and below Rs. 10,000]\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n16\n64\n(3) Appeals from Orders\n(3) Appeals from Orders\nNot exceeding Rs. 5,000\n...\n…\nsame as second appeals.\nExceeding Rs.\n\t\t\t\t5,000...\nDrawing grounds of\n\t\t\t\tAppeal\nHearing fee\n…\n…\n16\n64\n(4) Revision\n(4) Revision\nThe same as in second appeals\nThe same as in second appeals\n(5) Reviews\n(5) Reviews\n(Where notice is given and opposite party appears)\n(i) In First Appeals, the costs to be fixed by the Court.\n(ii) In Second and Miscellaneous Appeals the same costs as were allowed upon the hearing.\n(6) Appeals under clause 10 of the Letters Patent\n(6) Appeals under clause 10 of the Letters Patent\nThe same costs as were allowed at the previous hearing.\n(7) Applications\n(7) Applications\n(Where notice is given and opposite party appears)\nTo be fixed by the Judge or Judges who hear the application.\n(8) Matrimonial (Including Divorce) Suits\n(8) Matrimonial (Including Divorce) Suits\nRs.\nIn an undefended suit\n...200\nIn a defended suit up to the end of the first\n\t\t\t\tday of the hearing\n...200\nFor each succeeding day or part of a day, such\n\t\t\t\tpart being not less than one hour\n...100\n14A.\n(D) General Rules\n(D) General Rules\n15.\n16.\n17.\n18.\n19.\n20.\nNote. - Fractions of a rupees shall be omitted from the value of the claim in calculating the scale of fees.\nNote.\n21.\n22.\n23.\n24.\n25.\n26.\nNote. - Rules 14 to 26 of this Chapter have been made applicable to advocates by Rule 1 of the Rules made under Section 16 of the Indian Bar Council Act, 1926 (XXXVIII of 1926), published under Notification No. 65, dated the 9th December, 1930, in Part III, page 379 of the Bihar and Orissa Gazette dated the 17th December, 1930.\nNote.\nPart-IV\nMiscellaneous\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "CHAPTER XIV",
"chapter": "CHAPTER XIV",
"content": "Information and Copies\n1.\n2.\n2-B\n3.\n4.\n5.\n(a)\nEnglish -\nPaise\nNot exceeding 150 words\n...\n...\n...\n...\n35\nExceeding 150 words and not exceeding 300 words\n...\n70\nFor every additional 150 words or less\n...\n...\n35\n(b)\nVernacular -\nNot exceeding 250 words\n...\n...\n...\n...\n35\nExceeding 250 and not exceeding 500 words\n...\n...\n70\nFor every additional 250 words or less\n...\n...\n35\n6.\n(a)\nVernacular -\nNot exceeding 250 words\n...\nBy means of an impressed stamped paper of 35\n\t\t\t\tpaise.\nExceeding 250 but not exceeding 500 words\n...\nBy means of two impressed stamped paper of 35\n\t\t\t\tpaise.\nFor every additional 250 words or less.\n...\nBy means of an impressed stamped paper of 35\n\t\t\t\tpaise.\n(b)\nTyped copies -\nNot exceeding 150 words\n...\nBy means of an impressed stamped paper of 35\n\t\t\t\tpaise\nExceeding 150 and not exceeding 300 words.\n...\nBy means of an impressed stamped paper of 35\n\t\t\t\tpaise with an adhesive stamp of 35 paise with an adhesive stamp\n\t\t\t\tof 35 pise affixed thereto.\nExceeding 300 and not exceeding 450 words.\n...\nBy means of an impressed stamped paper of 35\n\t\t\t\tpaise with an adhesive stamp of 70 paise, affixed thereto.\nExceeding 450 words.\n...\nBy means of an additional impressed stamped\n\t\t\t\tpaper or papers of 35 paise with stamp of 35 paise or 70 paise,\n\t\t\t\tas the case may be, affixed thereto if necessary according to the\n\t\t\t\tnumber of words to be typed.\n7.\n8.\n9.\n10.\n11.\nNote. - The copyist or typist is paid by the folio; he will, therefore, be paid according to the number of folios copied, whether such copies are subsequently taken out or not.\nNote.\n12.\n13.\n14.\n15.\n16.\n16A.\n17.\n18.\n19.\n20.\n21.\n22.\n23.\n24.\n25.\n26.\n26A.\n27.\n28.\n29.\n30.\n31.\n32.\nDate of application for the copy\nDate of notifying the requisite number of folios and stamps...........\nDate of delivery of the requisite folios and stamps..........\nDate on which the copy was ready for delivery....\nDate of making over the copy to the applicant....\n32A.\nRs.\nPaise\nApplication for copy\n...\n...\n...\nSearching fee\n...\n...\n...\nExtra fee for urgency\n...\n...\n...\nFolios\n...\n...\n...\nOther items, if any\n...\n...\n...\nTotal\n...\n...\n...\n33.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "CHAPTER XV",
"chapter": "CHAPTER XV",
"content": "Deposit and Repayment of Money\n1.\n2.\n3.\n4.\n(a) the name, description and address of the applicant claiming to be entitled to the money;\n(b) the capacity in which such applicant claims to be entitled to the money;\n(c) the cause, appeal, matter or proceeding in which, or the date of the order under which, the money to which the application relates was paid into the Court and the date and number of the deposit; and\n(d) the precise amount for the payment of which an order is applied for.\n5.\n(a) add to the application a request that the amount due less postal commission may be forwarded to his address by postal money order;\n(b) obtain on the application the counter signature of a Judge, Munsif or Magistrate as to his identity; and\n(c) forward his application countersigned as aforesaid to the Registrar and, if the identity seems to be sufficiently established, the amount, less postal commission may, under order of a Judge or of the Registrar, or in the absence of Registrar, of the Deputy Registrar, be sent to him by money order.\n6.\n7.\n8.\n9.\n10.",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "1",
"title": "1. Application for copy;",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "2",
"title": "2. Application for information;",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "3",
"title": "3. Challan for deposit of money;",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "4",
"title": "4. Application for refund of deposit;",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "5",
"title": "5. List of papers for the paper-book; and",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "6",
"title": "6. Application for noting appearance and supply of paper-books.",
"chapter": null,
"content": "Note. - For Forms under this Rule - See Appendix B.\nNote.\n11.\n(1) By the Accountant -\n(i) Register of deposits received (Schedule VII-1);\n(ii) Register of receipts (Schedule VII-6);\n(iii) Register of payment orders issued (Schedule VII-4);\n(iv) Register of repayments of deposits (Schedule XXV-153);\n(v) Ledger of security deposits (Schedule VII-10); and\n(2) By the Cashier -\n(i) General cash book (Schedule VII-5);\n(ii) Pass Book (Schedule VII-7);\n(iii) Register of saleable forms (Schedule VII-9);\n(iv) Register of payments made in Court;\n(v) Register of money orders received (Schedule VII-8).\nNote. - For Forms under this Rule - See Appendix C.\nNote.\n12.\n(1) the guard file of Challans, the registers of deposits and receipts, the register of payment orders issued and the register of payments made in Court with the Cashier's general cash book;\n(2) the Treasury pass book with the above; and\n(3) the balance shown in the pre-emptory cash book with those in the general cash book.",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "36",
"title": "CHAPTER XVI",
"chapter": "CHAPTER XVI",
"content": "Inspection of Records and Registers\n1.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\n13.\n14.\n15.\n16.\n17.",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "37",
"title": "CHAPTER XVIA",
"chapter": "CHAPTER XVIA",
"content": "Facilities to be given to Press Reporters\n1.\n2.\n3.\n(a) They may inspect judgments in the Inspection Room upon regular application for inspection in accordance with the Rules of Chapter XVI and on payment of the prescribed fees. Such applications will, however, invariably be dealt with by the office as immediate, though the ordinary application in accordance with Rule 13, Chapter XIII will alone be charged. Such applications, moreover, will not be confined to the hours between 10.30 A.M. and noon but may be made between 10.30 A.M. and 3 RM. on any Court working day. Moreover, the person named in an order for inspection may in such cases make the inspection at any time between 10.30 A.M. and 4 P.M. The office will make special endeavours to see that applications for inspection of judgments are dealt with forthwith.\n(b) They will be allowed to inspect judgments in open Court just after delivery with the permission of the Judge and while he is on the Bench.\n4.\n5.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "CHAPTER XVIB",
"chapter": "CHAPTER XVIB",
"content": "Facilities to be given to approved Law Journals\n(a) An approved list of law journals entitled to receive copies of judgments not marked N.A.F.R. (Not Approved For Reporting) under this Rule shall be maintained under the orders of the Chief Justice.\n(b) No law journal shall be entered in the list unless it has given an undertaking that it will apply for a copy of every judgment delivered by the Court which is not marked N.A.F.R.:\n(c) No law journal on the approved list shall be entitled to receive more than one copy of such judgment under this Rule.\n(d) As soon as a judgment not marked N.A.F.R. has been received in the Disposal Section or the Criminal Department, as the case may be, an Assistant there shall enter it in a register to be called 'Register of Judgments not marked N.A.F.R., the entries being made in chronological order, and shall send such judgment immediately to the Section Officer of the Copying Department for the preparation of as many copies as there are law journals on the approved list.\n(e) Two registers in the prescribed from to be called 'Register of Copies of Judgments not marked N.A.F.R.' and 'Register of Applications for Copies of Judgments not marked N.A.F.R. respectively shall be maintained by the Section Officer of the Copying Department with respect to such copies.\n(f) Copies prepared under this Rule shall contain the following additional information, namely: -\n(i) the names of advocates appearing in the case on both sides;\n(ii) the names of Judges delivering the judgment of the Court; and\n(iii) full designation of the lower court along with the date of its judgment or order.\n(g) Copies prepared under this Rule shall be given priority over all ordinary copies and shall be prepared as quickly as possible.\n(h) As soon as copies are ready they shall be delivered to the representatives of the journals on the approved list on their submitting a duly stamped application and on payment of Rs. 2 (in court-fee stamps affixed on the application) per copy of every such judgment or order.\n(i) If the representative of any law journal on the approved list does not apply for copy of any judgment not market N.A.F.R. within three weeks from the date on which it is so marked the name of such journal may be removed from the approved list.\n(j) The 'Register of Copies of Judgments not marked N.A.F.R.' shall be open to inspection by the representative of any law journal on the approved list.\n(k) The payment to the typists shall be made out of the Court's Contingent grants.\nI. Register of Judgments not marked N.A.F.R.\nI. Register of Judgments not marked N.A.F.R.\nSI. No.\nDescription of the case.\nDate of receipt of judgment in Disposal Section,\n\t\t\t\tCriminal Department\nNumber of page in the judgment.\nDate of sending judgment to the Section Officer,\n\t\t\t\tCopying Department.\nSignature Section Officer. CD. with date of\n\t\t\t\treceipt of Judgment.\nDate receipt of Judge- ment from C.D.\nRemarks.\n1\n2\n3\n4\n5\n6\n7\n8\nII. Register of Copies of Judgments not marked N.A.F.R.\nII. Register of Copies of Judgments not marked N.A.F.R.\nSI. No.\nDescription of case.\nDate of receipt of Judgment in C. D. from\n\t\t\t\tDisposal Section, Criminal Department\nDate and time when judgment received by typist.\nSignature of typist.\nNo. of words\nDate and time when handed over to Section\n\t\t\t\tOfficer, C.D.\nSignature of Section Officer. C.D.\nRemarks.\n1\n2\n3\n4\n5\n6\n7\n8\n9\nIII. Register of Application for Copies of Judgments not marked N.A.F.R.\nIII. Register of Application for Copies of Judgments not marked N.A.F.R.\nSI. No.\nDate application and value of stamp, if any\nName of applicant, Law Journal.\nDescription of case.\nSignature of Section Officer, C.D\nDate when copy delivered to applicant.\nSignature of recipient.\nRemarks.\n1\n2\n3\n4\n5\n6\n7\n8",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "39",
"title": "CHAPTER XVII",
"chapter": "CHAPTER XVII",
"content": "Admission of Advocates and Attorneys\n(Deleted)",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "40",
"title": "CHAPTER XVIII",
"chapter": "CHAPTER XVIII",
"content": "Rules regarding Advocate's Clerks\n1.\n2.\n3.\n(a) shall wear a long black coat or black chapkan with a blue band one inch broad on the cuff of the left sleeve.\nor\n(b) wear plastic badge measuring 1\" x 3\" of black colour containing the name of the clerk concerned in white and below the name, description as Advocate's clerk.\nRegister of authorised clerks employed by advocates of the Patna High Court\nRegister No.\nName of recognised clerk.\nFather's Name\nResidence of recognised clerk\nDate of registration\nDate of renewal each year\nName of advocate by whom employed\nRemarks.\n1\n2\n3\n4\n5\n6\n7\n8]\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\n13.\n14.\n15.\n(1) To receive notices, and to obtain forms of notices from the office.\n(2) To obtain reports by the Stamp Reporter on civil appeals and applications and by the Trial Clerk on Criminal appeals, before their presentation in Court.\n(3) To file appeals and applications before the Peshkar of the Bench or Registrar, and to present appeals and applications under Rule 26 and 27, Chapter VII, Part II of the Patna High Court Rules and applications for Interlocutory Orders to the Deputy Registrar and the Assistant Registrar, as the case may be.\n(4) To obtain office reports upon applications.\n(5) To present to the Registrar 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(5A) To make application for copy under his signature, stating the name of the advocate and description of the party represented by such advocate.\n(6) To take notes from deficiency reports of the Stamp Reporter and file necessary stamps.\n(7) To inspect records with his master, or with another advocate if his master permits it and is himself empowered to inspect.\n(8) To deposit money and file court-fees.\n(9) To receive paper-books, copies and the like.\n(10) To file vakalatnamas, retainer slips, certificates of fees, written forms of processes, and copies of papers and breifs.\n(11) To identify, if required and in a position to do so, persons making inspection of records or swearing affidavits.\n(12) To apply for copies in his own name, stating that the application is being made on behalf of his master to be named.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "41",
"title": "CHAPTER XIX",
"chapter": "CHAPTER XIX",
"content": "Preservation and Destruction of Civil and Criminal Records\n1.\n2.\n3.\n4.\nCivil Records\nCivil Records\n5.\n(i) The table of contents.\n(ii) The order sheet.\n(iii) Preliminary decree, if any, preceded by the judgment on which it is founded.\n(iv) The judgment.\n(v) The final decree.\n(vi) The copy of the judgment and decree in appeal.\n(vii) Plaint or application initiating the proceedings with any schedule.\n(viii) The written statement of the defendant or the counter petition.\n(ix) Memorandum of the issues.\n(x) Award of arbitrators on petitions of compromise, if given effect to in the decree: also the return or report and the map and field book (if any) of a Commissioner in matters relating to immovable property if referred to or given effect to in the decree, but not any portion of the evidence taken by such Commissioner: also in the case of minors or lunatics, any order of the Court sanctioning the compromise.\n(xi) Any paper whose preservation may be directed by the Presiding Judge or Judges.\n6.\n7.\n(i) [Deleted by C. S. No. 95, dated 21.6.1990.] .\n(ii) The order sheet.\n(iii) Remand order of the Court, if any.\n(iv) [Deleted by C. S. No. 95, dated 21.6.1990.] .\n(v) Final judgment of this Court.\n(vi) Decree.\n(vii)-(xi) [Deleted by C. S. No. 95, dated 21.06.1990.].\n(xii) Any paper whose preservation may be directed by the Presiding Judges or Judges.\n8.\n9.\n10.\n(i) [Deleted by C.S. No. 95, dated 21.6.1990.].\n(ii) The order sheet.\n(iii)-(vi) [Deleted by C.S. No. 95 dated21.6.1990.].\n(vii) Order of the Presiding Judge.\n(viii) [Deleted by C.S. No. 95 dated21.6.1990.].\n(ix) Copy of order commuting a sentence or suspending the execution thereof or remitting punishment.\n(x) Any paper whose preservation may be directed by the Presiding Judge or Judges.\n11.\n12.\n13.\n14.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "42",
"title": "CHAPTER XX",
"chapter": "CHAPTER XX",
"content": "Mode of Recording Evidence in Civil Cases\n1.\n2.\n3.\nPart - V\nRules under Special Acts\nRules under Special Acts",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "43",
"title": "CHAPTER XXI",
"chapter": "CHAPTER XXI",
"content": "Rules under Section 25 of the Press (Objectionable Matter) Act\n(Act LVIof 1951)\n(Act LVIof 1951)\n1.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "44",
"title": "CHAPTER XXIA",
"chapter": "CHAPTER XXIA",
"content": "Rules under Section 99F of the Criminal Procedure Code, Act V of 1898.\n[Deleted by C.S. No. 52, dated 22.8.1983.]",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "45",
"title": "CHAPTER XXIB",
"chapter": "CHAPTER XXIB",
"content": "Rules under Section 491 (2) of the Code of Criminal Procedure.\n[Deleted by C.S. No. 52, dated 22.8.1983.]\n[CHAPTER XXIBB]\nRules framed by the High Court of Judicature at Patna under sub-section (1) of each of the Sections 13 and 18 of the Code of Criminal Procedure, 1973 (Act 2 of 1974)\n(ii) They shall come into force-at once.\n(a) holds a degree in law of an Indian University or of a Foreign University recognised in India by law: or\n(b) has exercised the powers of a Magistrate under the Code of Criminal Procedure, 1898 (Act 5 of 1898) for not less than one year; or\n(c) (i) has exercised the powers of an Executive Magistrate under the Criminal Procedure Code, 1973 (Act 2 of 1974) for not less than one year; or\n(ii) If he is a member of the Indian Administrative Service on training, has exercised the powers of an Executive Magistrate under the Criminal Procedure Code (Act 2 of 1974) for not less than three months;\n(d) has acquired experience in relation to judicial and quasi- judicial work for not less than three years.]\nNote. - The word 'Magistrate' includes Special Judaical Magistrate and Special Metropolitan Magistrate for the purpose of previous experience.\nNote.\n3.",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "46",
"title": "CHAPTER XXI-C",
"chapter": "CHAPTER XXI",
"content": "Rules for Disposal of Applications under Articles 226 and 227 of the Constitution of India\n1.\n1-A.\n1-B.\n(ii) These applications will be laid before the Registrar who shall ordinarily post them for hearing on the next day or the second following day. If, however, the Registrar is satisfied that there is sufficient urgency, he shall mark the petition for hearing on the same day.]\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\nStanding Order No. 3 of 1994\nStanding Order No. 3 of 1994\n(i) It is hereby ordered that until further orders all applications under Articles 226 and 227 of the Constitution of India shall be placed for admission and hearing before a single Judge except for issuance of writs of habeas corpus and for issuance of writs in cases of, externment from one State to another; deportation; validity of statutes and public interest litigation, which shall be placed for admission and hearing before a Division Bench:\n(ii) Unless otherwise directed by Bench, all applications shall be placed for hearing before a single Judge, except cases which are admitted to hearing before a Division Bench or referred to hearing before a Division Bench by a Single Judge at the time of admission or hearing which shall be placed before a Division Bench for hearing.\n[CHAPTER XXI-CC]\n1.\n(ii) They shall come into force from the date of their notification.\n2.\n(a) 'Chief Justice' means the Chief Justice of Patna High Court.\n(b) 'High Court' means the High Court of Judicature at Patna.\n(c) 'Judge' means Judge of the High Court of Judicature at Patna.\n(d) 'PIL' means and includes a writ petition filed by way of Public Interest Litigation or any case taken up as a writ petition suo motu on receipt of appropriate and adequate information, by the Chief Justice.\n(e) 'Registrar General' means Registrar General of the High Court of Judicature at Patna.\n(f) All other words and expressions not defined in these Rules shall have the same meaning as assigned to them in the Patna High Court Rules.\n3.\n4.\n5.\n6.\n7.\n8.\n9.",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "47",
"title": "CHAPTER XXI-D",
"chapter": "CHAPTER XXI",
"content": "Rules for Disposal of Appeals under Section 116A of the Representation of the People Act, 1951.\n[Deleted]",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "48",
"title": "CHAPTER XXI-E",
"chapter": "CHAPTER XXI",
"content": "Rules for the Disposal of Election petition filed under Section 81 of the Representation of the People Act, 1951.\n1.\n(a) \"the Act\" shall mean the Representation of the People Act, 1951;\n(b) \"the Code\" shall mean the Code of Civil Procedure, 1908;\n(c) \"the Court\" shall mean the High Court of Judicature at Patna;\n(d) \"the Judge\" shall mean the Judge or Judges of the Court who, from time to time, have been assigned by the Chief Justice under subsection (2) of Section 80A of the Representation of the People Act, 1951, for exercising the jurisdiction of the High Court under subsection (1) of Section 80A of the Act;\n(e) \"the Commission\"shall mean the Election Commission of India.\n2.\n3.\n4.\n(a) the name and complete address of the petitioner;\n(b) the name and complete address with postal address of each person impleaded as respondents; and\n(c) the relief claimed.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\n13.\n14.\n15.\n16.\nScale\nScale\nClass of witness\nClass of witness\nTravelling allowance\nTravelling allowance\nDiet Allowance\nDiet Allowance\nLocal conveyance allowance\nLocal conveyance allowance\nC lass-1\nC lass-1\nGazetted Officers\nBy Rail\nRs. 35/- per day.\nBy Taxi\nProfessionals like Doctors, Advocates,\n\t\t\t\tArchitects. Chartered Accountant, etc. Income Tax payees, Members\n\t\t\t\tof Parliament, Members of State Legislatures.\n1st class or 2nd class A.C. Sleeper/Chair Car\n\t\t\t\tfare.\nBy Road\nBy Road\nTaxi fare at the rate prescribed by the\n\t\t\t\tDirectorate of Transport of the State Govt. and if no such rate\n\t\t\t\thas ben fixed as the Court thinks reasonable.\nClass-II\nClass-II\nAll others except those mentioned in Class-I.\nBy Rail\nBy Rail\nSleeper class or 2nd class fare.\nRs. 25/- per day\nBy three wheeler, Auto Rickshaw\nBy Road\nActual Bus fare\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 Joint Registrar 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 and upon such request the question shall be referred to the Judge. The Judge thereupon shall given 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 Bench Clerk\".]\n17.\n18.\n19.\n(b) Exhibit marks on documents and material objects shall be written by the Bench Clerk and signed by the Judge or under his orders by the Bench Clerk.\n20.\n21.\n22.\n23.\n24.\n25.\nSchedule\nIn the High Court of Judicature at Patna.\nIn the High Court of Judicature at Patna.\nElection Petition No..........of 20....\nElection Petition No..........of 20....\nPetitioner (s)\n.............\n.............\nvs.\nRespondent (s)\n.............\n.............",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "49",
"title": "CHAPTER XXII",
"chapter": "CHAPTER XXII",
"content": "Rules under the Indian Companies Act, 1913",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "50",
"title": "CHAPTER XXII-A",
"chapter": "CHAPTER XXII",
"content": "Rules under the Banker's Books Evidence Act, 1891 (XVIII of 1891).",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "1",
"title": "1. A Bank ordered under the Banker's Books\n\t\t\t\tEvidence Scale of fees. Act XVIII of 1891, to supply certified\n\t\t\t\tcopies of entries from its books shall be entitled to charge on\n\t\t\t\tthe following scale: -",
"chapter": null,
"content": "Scale of fees.\nSearching fee. - For each year or part of a year in\n\t\t\t\trespect of which search is made.\n... Rs. 5\nCopies. - For each Bank folio or part thereof\n... Rs. 5\nCertificate . - For the certificate under Section 6 of the\n\t\t\t\tAct\n... Rs. 5\nA Bank folio for this purpose is a page of the\n\t\t\t\tBank's books of not less than 40 and not more than 50 lines.",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "2",
"title": "2. An application for an order under the said\n\t\t\t\tAct shall be made ex parte upon petition and the Court or a\n\t\t\t\tJudge may direct that notice of the application shall be served\n\t\t\t\ton the Bank or Banks named in the application. The petition shall\n\t\t\t\tset out particulars of the entries of which it is desired to\n\t\t\t\tobtain copies (or, if this is impossible, the year or years in\n\t\t\t\twhich such entries will appear) and the materiality of such\n\t\t\t\tentries.",
"chapter": null,
"content": "Application how made.",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "6",
"title": "3. All applications shall be made in sufficient\n\t\t\t\ttime to allow three clear day's notice required to be given by\n\t\t\t\tSection 6(2) of the Banker's Books Evidence Act, and all\n\t\t\t\tapplications made in insufficient time shall state the reason\n\t\t\t\tthereof.",
"chapter": null,
"content": "Application made in insufficient time and procedure in such\n\t\t\t\tcases.",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "4",
"title": "4. The party who has obtained such order shall\n\t\t\t\tserve it upon the Bank or Banks affected and at the same time pay\n\t\t\t\tto the Bank or Banks the searching fee of which the amount shall\n\t\t\t\tbe stated in the order.",
"chapter": null,
"content": "Service of order in Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "5",
"title": "5. Upon service of the order of Bank or Banks\n\t\t\t\tshall forthwith cause search to be made and shall thereafter\n\t\t\t\tforthwith inform the party who has obtained the order the amount\n\t\t\t\tto be paid to such Banks or Banks for copies of the entries to be\n\t\t\t\tmade in terms of the order.",
"chapter": null,
"content": "Banks to make search and make out demand for fees for copies.",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "6",
"title": "6. Thereupon the party concerned shall pay to\n\t\t\t\tthe Bank or Banks the amount so stated and the fee for the\n\t\t\t\tcertificate and the Bank or Banks shall upon receipt thereof\n\t\t\t\tforthwith prepare and deliver to the party the copies of the\n\t\t\t\trelevant entries together with the certificate under Section 6 of\n\t\t\t\tthe Act.",
"chapter": null,
"content": "Party to pay for certified copies and certificate.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "7",
"title": "7. Nothing in the above Rules shall be construed\n\t\t\t\tas derogating from the power of the Court or the Judge to make\n\t\t\t\tsuch orders as to costs in particular cases as may seem\n\t\t\t\tappropriate to it or him under Section 7 of the Act.",
"chapter": null,
"content": "Saving",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "58",
"title": "CHAPTER XXII-B",
"chapter": "CHAPTER XXII",
"content": "Rules under the Banking Companies Act, 1949 (Act X of 1949)",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "59",
"title": "CHAPTER XXII-C",
"chapter": "CHAPTER XXII",
"content": "Rules Relating to Cases under the Chartered Accountants Act, 1949\n(Act XXXVIII of 1949)\n(Act XXXVIII of 1949)\n1.\n(a) Report of the Disciplinary Committee;\n(b) Complaint or information;\n(c) Written statement in defence, if any;\n(d) Deposition of witnesses, affidavits, exhibits and other oral and documentary evidence;\n(e) Notes of the hearing before the Disciplinary Committee and the Council;\n(f) Such other papers which were before the Disciplinary Committee as the Council may consider relevant for the disposal of the case:\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "60",
"title": "CHAPTER XXII-D",
"chapter": "CHAPTER XXII",
"content": "Rules under Section 77 of the Trade-Marks Act, 1940 (Act V of 1940)",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "1",
"title": "1. Definition.",
"chapter": null,
"content": "(i) \"Act\" means the Trade Marks Act, 1940;\n(ii) \"Registrar of Trade Marks\" includes the Deputy Registrar of Trade Marks and the officer to whom any particular functions of the Registrar are delegated in pursuance of Section 4 (28);\n(iii) \"Registrar and Deputy Registrar\" shall mean respectively the Registrar and the Deputy Registrar of the Patna High Court;\n(iv) \"Judge\" means the Judge nominated by the Chief Justice for the purpose; and\n(v) \"Court\"means the High Court of Judicature at Patna.",
"footnote": "",
"is_definition": true,
"sort_order": 60
},
{
"number": "2",
"title": "2. Title of Applications and other proceedings.",
"chapter": null,
"content": "In the High Court of Judicature at Patna\nIn the High Court of Judicature at Patna\n.........Petitioner/Appellant.\nversus\n.........Opposite party/Respondent.",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "3",
"title": "3. Mode of Applications and Appeals.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "4",
"title": "4. Jurisdiction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "5",
"title": "5. Admission of Applications and Appeals.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "6",
"title": "6. Service of notice on Registrar of Trade Marks.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "7",
"title": "7. Stay of pending suits and proceedings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "72",
"title": "8. Reference under Section 72(b) of the Act.",
"chapter": null,
"content": "(b) On receipt of the reference in the Court, the Registrar shall fix a date for the hearing of the same and the parties concerned shall be given at least one month clear notice of the date so fixed. The reference shall thereafter be placed in due course before the Judge for hearing.",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "76",
"title": "9. Procedure for withdrawal of application under Section 76(2).",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "10",
"title": "10. Counter-claim for rectification of the register in a suit for infringement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "11",
"title": "11. Order of Court to be sent to Registrar of Trade Marks.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "12",
"title": "12. Application of the Code of Civil Procedure and Rules of the Court.",
"chapter": null,
"content": "[Chapter XXII-E]\nRules under the Company Secretaries Act, 1980\n(Act No. 56 of 1980)\n(Act No. 56 of 1980)\n1.\n2.\n3.\n4.\n(a) Complaint or information,\n(b) Written statement of Defence\n(c) Depositions of witnesses together with Exhibits.\n(d) Notes of the hearing before the Disciplinary Committee and the Council,\n5.\n6.\n(b) In the case of an appeal under Section 30 of the Act, notices shall be sent to the Council.\n(c) In the case of a revision under Section 30(2) of the Act, notices shall be sent to the Council and the Member of the Institute concerned.\n(d) The Court may, at any time, direct that notice of the reference, appeal or revision be sent to the person, who has made the complaint.\n7.\n8.\n9.\nNote. - The following are the Appendices - \"A\", \"B\" and \"C\" under Rule 5 of these Rules.\nNote.\nAppendix-A\nAppendix-A\nIn the High Court of Judicature at Patna\nReference No. **** of\n(Under the Company Secretaries Act, 1980)\nNotices under Section 21 of the Company Secretaries Act, 1980, (Rule-5)\nNotices under Section 21 of the Company Secretaries Act, 1980, (Rule-5)\nIn the matter of Company Secretaries Act, 1980\n\t\t\t\t(Act No. 56 of 1980)\nAnd\nIn the matter of .............a Member of the\n\t\t\t\tInstitute of Company Secretaries of India.\nRegistrar\nSealer\nAppendix-B\nAppendix-B\nIn the High Court of Judicature at Patna\nAppeal No.............of.........\n(Under the Company Secretaries Act, 1980)\nNotice under Section 30 of the Company Secretaries Act, 1980\nNotice under Section 30 of the Company Secretaries Act, 1980\n(Rule 5)\nIn the matter of Company Secretaries Act, 1980\n\t\t\t\t(Act No. 56 of 1980)\nAnd\nIn the matter of .............a Member of the\n\t\t\t\tInstitute of Company Secretaries of India..........Appellant\nRegistrar\nSealer\nAppendix-C\nAppendix-C\nIn the High Court of Judicature at Patna\nRevision Application No.............of...........\n(Under the Company Secretaries Act, 1980)\n(Rule 5)\nIn the matter of Company Secretaries Act, 1980\n\t\t\t\t(Act No. 56 of 1980)\nAnd\nIn the matter of .............a Member of the\n\t\t\t\tInstitute of Company Secretaries of India..........Appellant\nRegistrar\nSealer\nSealer",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "73",
"title": "CHAPTER XXIII",
"chapter": "CHAPTER XXIII",
"content": "Power of Attorney\n1.\n2.",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "1",
"title": "1. Description of document.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "2",
"title": "2. Date.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "3",
"title": "3. By whom deposited.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "4",
"title": "4. When deposited.",
"chapter": null,
"content": "3.\nRs.\nFor filing and registering every power, and\n\t\t\t\tfiling every other document.\nFor a Copy -\n4.50\nWhere the copy is presented by the party, at 35\n\t\t\t\tpaise per folio.\n0.35\nWhere the copy is prepared in the Registrar's\n\t\t\t\toffice, at 70 paise per folio.\n0.70\nFor searching and inspecting each set of\n\t\t\t\tdocuments.\n1.00",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "78",
"title": "CHAPTER XXIV",
"chapter": "CHAPTER XXIV",
"content": "A. - Rules framed by the High Court of Judicature at Patna in exercise of the powers conferred under Section 16 (2) of the Advocates Act, 1961\n2.\n3.\n4.\n5.\n6.\nB. - Rules Framed by the High Court of Judicature at Patna under Section 34 (i) of the Advocates Act, 1961.\n1.\n2.\nExplanation.\n3.\n4.\n5.\n6.\n7.\n8.\n(i) an application for bail or reduction, enhancement or cancellation of bail in the case,\n(ii) an application for transfer of the case from one Court to another,\n(iii) an application for stay of the case pending disposal of a civil proceeding in respect of the same transaction out of which the case arises,\n(iv) an application for suspension, postponement or stay of the execution _____________of the order or sentence passed in the case,\n(v) an application for the return, restoration or restitution of the property as per the order of disposal of property passed in the case,\n(vi) an application for leave to appeal against an order of acquittal passed in the case,\n(vii) any appeal or application for revision against any order or sentence passed in the case,\n(viii) a reference arising out of the case,\n(ix) an application for review of an order or sentence passed in the case or in an appeal, reference or revision arising out of the case,\n(x) an application for making concurrent sentences awarded in the case or in an appeal, reference, revision or review arising out of the case,\n(xi) an application relating to or incidental to or arising in or out of any appeal, reference, revision or review arising in or out of the case (including an application for leave to appeal to the Supreme Court),\n(xii) any application or act for obtaining copies of documents or for the return of articles or documents produced or filed in the case or in any of the proceedings mentioned hereinbefore,\n(xiii) any application or act for obtaining the withdrawal or the refund or payment of or out of the monies paid or deposited in the Court in connection with the case or any of the proceedings mentioned hereinbefore (including monies paid or deposited for covering the costs of the preparation and the printing of the Transcript Record of Appeal to the Supreme Court),\n(xiv) any application for the refund of or out of the monies paid or recovered as fine or for the return, restitution or restoration of the property forfeited or confiscated in the case or in any appeal, reference, revision or review arising out of the case as per final orders passed in that behalf,\n(xv) any application for expunging remarks or observations on the record of or made in the judgment in the case or any appeal, reference, revision or review arising out of the case, and\n(xvi) any application or proceeding for sanctioning prosecution under Chapter XXXV of the Code of Criminal Procedure, 1898, or any appeal or revision arising from and out of any order passed in such an application or proceeding shall be deemed to be proceedings in the case:\n9.\n10.\n(b) No such firm or partnership shall be entitled to appear, act or plead in any Court unless all the partners thereof are entitled to appear, act or plead in such Court.\n(c) The name of the firm or partnership may contain the names of the persons who were or are members of the partnership but of no others.\n(d) The words \"and Company\" shall not be affixed to the name of any such partnership or firm.\n(e) The name of all the members of the firm shall be recorded with the Registrar of the High Court and/or the District Judge, as the case may be, and the State Bar Council, and the names of all the partners shall also be set out in all professional Communications issued by the partners or the firm.\n(f) The firm of [Advocate-on-Record] shall notify to the Registrar of the High Court and/or the District Judge, as the case may be, and the State Bar Council, any change in the composition of the firm or the fact of its dissolution as soon as may be from the date on which such change occurs or its dissolution takes place.\n(g) Every partner of the firm of [Advocate-on-Record] shall be bound to disclose the names of all the partners of the firm whenever called upon to do so by the Registrar of the High Court, the District Judge, the State Bar Council, any Court or any party for or against whom the firm or any partner thereof has filed the appointment or memorandum of appearance.\n(h) In every case where a partner of a firm of [Advocate-on-Record] signs any documents or writing on behalf of the firm he shall do so in the name of the partnership and shall authenticate the same by affixing his own signature as a partner.\n(i) Neither the firm of [Advocate-on-Record] nor any partner thereof shall advise a party or appear, act or plead on behalf of a party in any matter proceeding where the opposite party is represented by any other partner of the firm or by the firm itself.\n11.\n12.\n13.\n14.\n15.\n(1) Advocates [on Record] other than Lady Advocates: -\n(a) a black buttoned up coat, Chapkan, Achkan, black Sherwani and white bands with Advocates' Gowns, or,\n(b) a black open breast coat, white shift, white collar, stiff or soft, and white bands with Advocate's Gowns, In either case long trousers (white, black or balck stripped or grey) or Dhoti.\n(2) Lady Advocates: -\n(a) Black and full or half sleeve jacket or blouse, white collar, stiff or soft with white bands with Advocates Gowns;\n(b) Sarees, or long skirts (white or black) or flare....\n16.\nC. - Rules framed by the High Court of Judicature at Patna under Section 16 of the Indian Bar Councils Act, 1926 (XXXVIII of 1926).\n1.\n2.\n[(D) Rules framed by the High Court of Judicature at Patna Under Section 34 (1) of the Advocates Act, 1961 exclusively for practice in the High Court.]\n1.\n2.\n3.\n(a) \"Act\" means the Advocates Act, 1961.\n(b) \"Advocates\" mean those who have been enrolled in terms of the provision of the Act.\n(c) \"Advocates-on-Record\" mean those advocates, who intend to act in addition to plead.\n(d) \"High Court\" means the High Court of Judicature at Patna.\n(e) \"Registrar\" means the Registrar General of the High Court.\n(f) \"Register of Advocates-on-Record\" mean the register maintained by the Registrar incorporating the names and other particulars of advocates registered as Advocates-on-Record of the Patna High Court.\n(g) \"Registered Advocates-on-Record\" mean those advocates, who have been registered in the register of Advocates-on-Record.\n(h) \"Registered Clerk\" means clerk, who has been registered in accordance with the existing Rules applicable.\n(i) \"Senior Advocate\" means an advocate, who has been designated as such by the Patna High Court.\n4.\n5.\n(i) Has an Office in the city of Patna.\n(ii) Has a Registered Clerk working with him exclusively or with other advocates collectively; and\n(iii) Has been recommended in writing at least by one Senior Advocate.\n6.\n(i) The address of his office with telephone/Mobile No.:\n(ii) The name and address of his Registered Clerk; and\n(iii) The recommendation in writing of \"Senior advocate\"/'1 Advocates-on-Record of not less than ten years experience at the Bar\".\n7.\n(i) The examination shall be held under the supervision of a Committee of three Judges of the Court to be appointed by the Chief Justice of Patna High Court and to be designated as the Examination Committee; unless otherwise specifically ordered by the said Committee the examination will be held twice in a year preferably in May and December.\n(ii) The examination will be held in the Court building or such place as the Committee may direct to be appointed by the Committee and notified in the Official Gazette.\n(iii) The examination shall be conducted by a Board of Examiners to be nominated by the committee, of which Board the Registrar General of the Court will be the ex-officio Secretary.\n(iv) The examination shall be held in the following subjects: -\nSI No.\nSubject\nSyllabus\n1.\nPractice and procedures of Patna High Court\n(a) Relevant\n\t\t\t\tprovisions in the Constitution of India to the Jurisdiction of\n\t\t\t\tthe court.\n(b) Patna High Court Rules, Relevant provision\n\t\t\t\tof Civil Procedure Code, Criminal Procedure Code, Limitation Act\n\t\t\t\tand General Principles of Court Fees Act including fees and\n\t\t\t\tcosts.\n2.\nDrafting in two parts\n(a) Petition for\n\t\t\t\tmemorandum of appeals & Statements of cases etc.\n(b) Decree & Orders, Civil Writ, Cr. Writ\n\t\t\t\tetc., Cr. Appeals, Cr. Revision & Civil Revision.\n3.\nElementary knowledge of book keeping &\n\t\t\t\tAccounts and professional ethics\n4.\nLeading cases\n(v)(a) Each paper will carry 100 marks and in order to pass the examination a candidate must obtain a minimum 50 per cent of marks in each paper and 60 per cent in aggregate.\n(b) If the Committee, on the recommendation of the Board of Examiners, is of the opinion that a candidate has not sufficiently prepared himself for the examination they may prescribe a time within which he shall not present himself again for the examination,\n(vi) (a) No Advocate shall be eligible to appear at the examination unless he has received training from an Advocate-on-Record of not less than ten years Standing for a continuous period of one year commencing from the end of second year of date of his/her enrolment, ending on the 30th April or 30th November, of the year of the examination, as the case may be (This will however not prevent the concerned Advocate from receiving training for entire period of 2 years commencing from the date of his enrolment):\n(b) Every candidate receiving training from an Advocate-on-Record shall send to the Registrar General of this Court and intimation in writing of the name of Advocate-on-Record from whom he is receiving training together with the consent in writing to the Advocate concerned within seven days of the commencement of training.\n(c) The Registrar General shall maintain a register in which address of the Advocate-on-Record, the date of intimation and the date of actual commencement of training.\n(vii) Every Advocate who desires to appear at the examination shall present an application in prescribed Form at least 30 days before the date of such examination the applicants shall be accompanied by an examination fee of Rs. 100/- in Cash, deposited in the Counter of the Accounts (General) Department of the Court.\n(viii) The Board of Examiners shall from among its members appoint paper setters and examiners of each papers. After the papers have been set the board shall submit the same to the Committee. The Committee may moderate or revise the papers in any manner it thinks fit.\n(ix) The Board of Examiners, shall at the conclusion of the examination and after scrutiny of the answer papers, submit the result along with the answer papers for approval of the committee may, in its discretion moderate the said results in any manner it thinks fit.\n(x) As soon as the Committee has scrutinized the results and approved the same, the Secretary of the Board shall notify the results on the Court's Notice Board. Every candidate who is declared to have passed the Examination shall be given a Certificate to that effect under the hand of the Secretary.\n(xi) (a) A candidate who fails to obtain 50 per cent in one paper only but 40 per cent in that paper and also obtain 60 per cent in the remaining papers, shall be allowed to appear in the paper at (any one) subsequent, examination on payment of the full examination fee and he/she shall be declared to have passed the Advocate-on-Record Examination if the marks obtained by him/her at the subsequent examination taken with the marks obtained in the remaining papers at the earlier examination are 60 per cent of the aggregate marks in all papers.\n(b) A candidate who passed in all the papers at any single Committee and on payment of the full examination fee, appear at (any one) subsequent examination in one of the papers only in which he/she has obtained less than 60 per cent marks and shall be declared to have passed the Advocate on Record. Examination if the marks obtained in the remaining papers at the earlier examination is 60 per cent of the aggregate marks in all the papers.\n(xii) All expenses on account of the examination shall be incurred by the Registrar General as departmental expenditure.\n(xiii) The scale of remuneration of the paper setter and/or examiner shall be as may be prescribed by the Committee from time to time.\n(xiv) The Secretary of the Board shall be in charge of the Examination, and he may with the approval of the Committee, appoint any officer of the Court to assist him in the supervision of the examination.\n(xv) (a) Any candidate bringing into the examination room any book, document or printed or written paper whatsoever or communicating in any way with any other candidate or mobile phone in the examination room or using any unfair means whatsoever or assisting any other candidate in so doing will be liable to be summarily rejected from the examination room, and shall automatically be disqualified from sitting in the said examination,\n(b) The Secretary shall forthwith report the names of the candidate found using unfair means and the circumstances pertaining thereto the Committee. The Committee may disqualify the said candidate from appearing in any subsequent examinations and may direct that the matter be reported to the Court for such further action against the Advocates as the Court may deem proper.\n(xvi) At the conclusion of each examination the Secretary of the Board shall collect and forward the answer papers to the Examiner in sealed cover; of the examiner in residing outside Patna, the answer papers shall be forwarded to him under registered cover with acknowledgement and insured for Rs. 100/-\n8.\n9.\n10.\n11.\n12.\n13.\n14.\nAppendix-I\nAppendix-I\n(To be submitted before the Registrar General)\n(To be submitted before the Registrar General)\nPaste Passport size Photograph\nPaste Passport size Photograph\nAdvocate-On-Record",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "1",
"title": "1. Name:.....................................................",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "2",
"title": "2. Father's Name: ...........................................",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "3",
"title": "3. Date of Birth: ................",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "4",
"title": "4. Qualification: ................",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "5",
"title": "5. Registration No. with date:",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "6",
"title": "6. Name of Association of which he/she is a member:..................................",
"chapter": null,
"content": "7. (a) Present Address: ........................................................\nMob. No..............Phone. No.......................\n(b) Residential Address: ........................................................................\nMob. No..............Phone. No.......................",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "8",
"title": "8. Name of the Clerk: ................................",
"chapter": null,
"content": "and his address....................................\nMob. No..............Phone. No.......................",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "9",
"title": "9. Name and address of Sr. Advocate making recommendation.........................................",
"chapter": null,
"content": "Mob. No..............Phone. No.......................\nSpecimen Signatures of the Applicant.\n1...................................\n2...................................\nSignature of the Applicant\nSignature of Sr. Adv./Adv.-on-Record making\n\t\t\t\trecommendation\nPlace:........................................\nSignature of the Registrar General\nDate:................................................\nPatna High Court.\nAppendix-II\nAppendix-II\nThe Registrar General,\nPatna High Court, Patna.\nI am enclosing herewith my bio-data in proper format alongwith recommendation made by Sr. Advocate/Advocates-on-Record having seven years experience for registration as an \"Advocate-on-Record\".\nYours faithfully,\nAddress:...............................\nPhone/Mobile No..........................\nDated...........................\nChapter XXV\nRules framed by the High Court of Judicature at Patna in exercise of the powers conferred upon it by Section 73 of the Copyright Act, 1957 (Act XIV of 1957).\n1.\n(i) \"Act\" means the Copyright Act, 1957;\n(ii) \"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(iii) \"Board\" means the \"Copyright Board\" constituted under Section II (i) of the Act;\n(iv) \"Court\" means the High Court of Judicature at Patna;\n(v) \"Registrar\" and \"Deputy Registrar\" means, respectively, Registrar and the Deputy Registrar of the Patna High Court.\n(vi) \"Section\" means a Section of the Act.\n2.\n3.\n(ii) [Deleted by C.S. No. 113. dated30.9.1996.]\n4.\n5.\n(b) The notice of appeal shall be served on all respondents affected and on such other persons as the Court may direct:\n(c) Notice meant for the Board shall be served on the Registrar of copyrights in the manner provided in clause (a) of this Rule the Board shall have a right to appear in the appeal through the Registrar of Copyrights.\n6.\n7.\n8.\n9.\n10.\n11.",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "87",
"title": "CHAPTER XXVI",
"chapter": "CHAPTER XXVI",
"content": "[Chapter XXVI deleted by C. S. No. 124, dated 13.03.2001]\n[CHAPTER XXVII]\nGeneral Provisions\n1.\n2.\n3.\n[CHAPTER XXVIII]\nRules under the Contempt of Courts Act, 1971 (Act 70 of 1971)\n1.\n2.\n(a) 'Act' means the Contempt of Courts Act, 1971 (Act 70 of 1971)\n(b) 'High Court' means the High Court of Judicature at Patna.\n(c) 'Judge' means Judge of the High Court of Judicature at Patna\n(d) 'Subordinate Court' means any court subordinate to the High Court of Judicature at Patna.\n(e) 'Registrar' means the Registrar of the High Court of Judicature at Patna.\n[Words \"and includes Additional Registrar, Ranchi Bench\" deleted by C.S. No. 124 dated 13.3.2001.]\n(f) All other words and expressions used in these Rules, but not defined therein, shall have the meanings respectively assigned, to them in the Act.\n3.\n(ii) In every such petition the State of Bihar shall be made a respondent.\n(iii) Every such petition shall contain -\n(a) Name, description and place of residence of the petitioners and of person or persons charged;\n(b) Nature of the contempt alleged and such material facts, including the date or dates of the commission of the alleged contempt, as may be necessary for proper determination of the case.\n(c) If a petition has previously been made by him on the same facts, the petitioner shall give the details of the petition previously made and shall also indicate the result thereof.\n(iv) The petition shall be supported by an affidavit.\n(v) Where the petitioner relies upon a document or documents in his possession or power, he shall file such document or documents or true copies thereof with the petition.\n(vi) No court- fee shall be payable on the petition, and on any document filed in the proceeding.\n4.\n5.\n6.\n7.\n(ii) The person charged may file his reply show cause duly supported by an affidavit or affidavits.\n(iii) The person charged shall, unless otherwise ordered, appear in person before the Court as directed on the date fixed for hearing of the proceeding, and shall continue to remain present during the hearing till the proceeding is finally disposed of by the order of the Court.\n8.\n9.\n10.\n11.\n(ii) The warrant shall be executed by the officer or officers to whom it is directed, and may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.\n(iii) every person who is arrested and detained shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate, who shall authorise detention for the period till such person is produced before the High Court.\n(iv) Every person who is arrested and detained when produced before the High Court, shall be released on bail if a bond for such sum of money as the Court thinks sufficient is executed with or without sureties, with condition that the person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court.\n12.\n13.\n14.\n15.\n(ii) Before making a reference the subordinate court shall hold a preliminary enquiry by issuing a show cause notice accompanied by copies of the relevant documents, if any, to the contemner and after hearing him the subordinate court shall write a concise reasoned order of reference indicating why contempt appears to have been committed.\n16.\n17.\nForm III",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "18",
"title": "18. Appeal.",
"chapter": null,
"content": "19.\nForm - I\nForm - I\nNotice to a person charged with contempt of Court\nNotice to a person charged with contempt of Court\n( See Rule 7)\nIn the High Court of Judicature at Patna.\nIn the High Court of Judicature at Patna.\nDated this\nday of\n20....\n(Seal)\nRegistrar.\nForm II\nForm II\nWarrant of Arrest\nWarrant of Arrest\n( See Rule 11)\nIn the High Court of Judicature at Patna.\nIn the High Court of Judicature at Patna.\n(Name and designation of the person or persons who is or are to execute the warrant.)\n(If the Court has issued a bailable warrant, the following endorsement shall be made on the warrant.)\nDated this\nday of\n20....\n(Seal)\nRegistrar.\nForm III\nForm III\nWarrant of commitment for contempt.\nWarrant of commitment for contempt.\n( See Rule 17)\nIn the High Court of Judicature at Patna.\n(Seal)\nRegistrar.\nAppendix A\nAppendix A\n(Deleted)\nAppendix B\nAppendix B\nAppendix of Saleable forms under Rule 10\nChapter XV\nChapter XV\n(P.H.C Schedule VI-3)\nSpace for Searching fees\nThirty Paise Court-fee on application.\nSpace for Expedition fees.\nSeriol No. ....................\nIn the High Court of Judicature at Patna\nIn the High Court of Judicature at Patna\nApplication for Urgent Ordinary Copy\nApplication for\nUrgent\nOrdinary\nCopy\nvs.\nDescription of\n\t\t\t\tdocument of which copy is wanted with date, where necessary: -\nApplication is made by........................the undersigned,\n\t\t\t\tfor copy the marginally named document from the High Court Lower Court Court file in the above case which was disposed of on\n\t\t\t\t............/is still pending. The following stamps and stamped\n\t\t\t\tsheets are filed:\nDated 20\nSignature and description of applicant.\nOffice Report\nEstimate Of Court\nThe copy will\n\t\t\t\tcover..............,\nVernacular/English\n\t\t\t\tsheets\nDate Assistant.\nTypist's Report.\n\t\t\t\tShort folios and stamps notified on..........\n\"Do\" filed\n\t\t\t\ton......\nTotal no. of folios\n\t\t\t\tused....\nTotal amount of Ex.\n\t\t\t\tfee\nRs... No. of folios\nreturned....\nDate....typists.\n(Excluding what has\n\t\t\t\tbeen filed)\nRs. Paisa\nstamped sheets at\n\t\t\t\t0.35\n......Court-fee\n\t\t\t\tstamps....\nExtra stamp for\n\t\t\t\turgency....\nSearching fee in stamp...\nEstimated stamps,\n\t\t\t\tetc.\nnotified on.....\nSupplied on........\nApplicant Record\n\t\t\t\treceived on ..........\nCopy will be ready on\n\t\t\t\t…..\nCopy actually ready\n\t\t\t\ton....\nCopy delivered on....\nTotal Rs..........\nDate Section Officer\nReceived an application for copy bearing the above number.\nSection Officer.\nDate\n20\nEstimated stamps and\n\t\t\t\tsheets valued at Rs. Paisa Supplied on...............\nTo attend for copy on.....\nReceived copy on..............................with unused stamps\n\t\t\t\tand sheets valued at Rs. Paise\nApplicant.\n[P.H.C. Schedule VI-4]\n*** See Note Below\nApplication for Information\nApplication for Information\nNumber and date\nName and residence of applicant\nNature of the information required\nDate on which the information is to be ready\nSignature of the officer receiving the\n\t\t\t\tapplication\nRemarks\n1\n2\n3\n4\n5\n6\n***Note. - The application will not be considered as complete until stamps and costs have been supplied in full, which must, be done within seven days of the date of the estimate. All enquiries and complaints shall be accompanied by this counterfoil. It will have to be given up when the copy is delivered.\n***Note.\nNumber and date\nName and residence of applicant\nNature of the information required\nDate on which the information is to be ready\nSignature of the officer receiving the\n\t\t\t\tapplication\nRemarks\n1\n2\n3\n4\n5\n6\nNote. - The person applying for information is to fill up columns 1 [except the nos. 2 and 3] and present it to the officer appointed to receive such applications, who, if the information required cannot be immediately supplied, will fill up, tear off, and return the bottom part of the form to the applicant.\nNote.\nPatna High Court\nPatna High Court\nChallan For Deposit of Money With Cashier.\nChallan For Deposit of Money With Cashier.\n(To be filled up by the applicant)\n(To be filled up by the applicant)\nI. Number, class and year of the case in which money is to be deposited.......\n.......................Appellant\nversus\n.......................Respondent\nII. Name of parties Respondent\n(first names only)\nIII. Name of person on whose behalf money is tendered.....................\nIV. Nature of deposit.....................................................\nV. Amount tendered (in words and figures).................................\nVI. By whom tendered......................................................\nSignature of Advocate\nAccountant.\nCashier\nSignature of person tendering money.\n( N.B. - Deposit must be made between the\n\t\t\thours of 10.30 A.M. and 3 RM. No deposit will be received by the\n\t\t\tCashier after 3 P.M.)\nN.B.\nIn The High Court of Judicature at Patna,\nIn The High Court of Judicature at Patna,\nApplication For Refund of Deposit.\nApplication For Refund of Deposit.\nCase No. 19\n.........................................................................Appellant,\nvs.\n........................................................................Respondents\nName of applicant\nNature of Deposit\nDate and no. of deposit.\nAmount claimed\nName of the person to whom payment is to be made\n\t\t\t\t(vide Patna High Court Rules, Chapter XV)\nRs.\nPaise\nSignature of applicant or his Advocate\nAuthentication or counter-signature where necessary\nRegistrar's Order\nSection Officer\nRegistrar\nPassed for\nby Repayment order.\nNo............Dated...............20\nAccountant\nDeputy Registrar\nIn the High Court of Judicature at Patna.\nIn the High Court of Judicature at Patna.\nFirst Appeal No............of..........20\nFirst Appeal No............of..........20\nAppellants\nvs.\nRespondents.\nNumber on the record.\nMark (in any) in the Court below\nDescription and date of paper\nWhether the whole or portion is to be inserted\n\t\t\t\tin the paper-book.\nNumber of words\nPatna:\nSignature of Advocate for\nDate\n( N.B. - If a portion is to be inserted it shall be marked.)\nN.B.\nMEMO\nMEMO\nversus\n(a) Appearance for (b)Paper-Book for\nThe Deputy Registrar of the\nHigh Court of Judicature at Patna.\nversus\nI have the honour to state that I have been authorised by .........to appear on behalf of the...............in the above mentioned case and to request that\n(a) the fact may be noted.\n(b) a copy of the paper-book may be supplied to me.\nPatna:\nYours faithfully,\nAdvocate for......\nNote. - Separate forms to be used for (a) and (b) and the unnecessary clause scored out.\nNote.\nAppendix B (I)\nAppendix B (I)\nIn The High Court of Judicature at Patna.\nIn The High Court of Judicature at Patna.\nRequisition for Books (Chapter IIA, Rule 10)\nPlease send the following books.: -\nFor............./reference to File no.................\nCase No........................\nSerial No.\nTitle of books\nName of author\n1.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\nSignature with date of the Assistant complying\n\t\t\t\twith requisition\nSignature with date and designation\nCountersignature, where necessary.\nThe above has/have been received back\nlibrarian.\nAppendix C\nAppendix C\nAppendix of Account Forms and Registers under Rule 11, Chapter XV\nAppendix of Account Forms and Registers under Rule 11, Chapter XV\nRegister of Deposits Received in The High Court of judicature\nRegister of Deposits Received in The High Court of judicature\nDate of Receipt\nNo. of each deposit\nFrom whom received\nNature of Deposit\nAmount of each Deposit\nInitial of D.R.\nDaily total carried to Cash Book\nDate\nAmount of each Repayment\nInitial of D.R.\nDate\nRs.\nPaise\nRs.\nPaise\nDetails of Repayment\nTotal Repayment\nBalance carried to clearance register\nLapsed and credited to Government\nAmount of each Repayment\nInitial of D.R.\nDate\nAmount of each Repayment\nInitial of D.R.\nDate\nAmount of each Repayment\nInitial of D.R.\nRs.\nPaise\nRs.\nPaise\nRs.\nPaise\nRs.\nPaise\nRs.\nPaise\nRs.\nPaise\nRegister of Receipts of the High Court of Judicature at Patna\nRegister of Receipts of the High Court of Judicature at Patna\nNature of the Receipts to be Credited to Government\nNature of the Receipts to be Credited to Government\nDate\nNo. of Entry\nNumber of case\nPerson from whom received\nFines\nDeficit printing cost\nMiscellaneous\nSale proceeds of Paper Books\nTotal\nSignature of Deputy Registration\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nRegister of Payment Orders issued by the High Court at Patna in the Month of.........20........\nRegister of Payment Orders issued by the High Court at Patna in the Month of.........20........\nDate\nConsecutive number of payment order\nTo whom paid\nNumber and date of item in the Register of\n\t\t\t\tReceipts against which the payment is to be made\nAmount to be paid\nInitials of Deputy Register\nDate of Payment by Collector\nInitials of Deputy Register\nRemarks\nIn Cash\nBy Transfer\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nRs.\nPaise\nRs.\nPaise\nNote. - After the receipt of the Treasury advice for the last day of the month, the monthly total of this Register should be compared with the monthly totals of the Register of Repayments of Deposits. The difference, if any, will be due to orders granted, but not cashed, and the amount of those which have lapsed should be written off.\nNote.\nSchedule No. 9\n[C.A.C. Form 30]\n[C.A.C. Form 30]\nRegister of Repayments of\nRegister of Repayments of\nDeposits at\nDeposits at\nTreasury of -\nTreasury of -\nDetails of Original Deposit\nDate of present repayment\nNumber of repayment voucher\nTo whom repaid\nWhether paid in cash or by transfer\nInitials of\nDaily total carried to cash book\nDate of receipt\nNumber as per Register of Receipts\nAmount or balance of Deposit\nAccountant\nTreasury or Disbursing Officer\nN.B.\nAppendix-C\nAppendix-C\nLedger of security deposit.... High Court...Appellate Side.\nLedger of security deposit.... High Court...Appellate Side.\nNo.................\nName ..................\nDate of deposit\nAmount deposited\nInitials of\nIn Government promissory notes\nNo. and year\nAmount\nName of endorser\nIn cash\nAccountant\nRegistrar\nInterest account on above\nInterest account on above\nDate of payment order\nNo of cheque\nTo whom paid\nParticulars of interest order\nInitial of Registrar\nSignature of payee\nGeneral Cash Book, Patna High Court, Receipts\nGeneral Cash Book, Patna High Court, Receipts\nDate\nNature of receipts\nNo. of items\nAmount\nDaily total\nInitial of accountant\nRemarks\nJudicial Deposits\nOther Receipts\n1\n2\n3\n4\n5\n6\n7\n8\nOpening Balance\nJudicial Deposits\nFines...................\nSales of paper-books\nSale of\n\t\t\t\tform...............\nCash Receipts by\nM.O. Miscellaneous..\nTotal\nRs.\nPaise\nRs.\nPaise\nRs.\nPaise\n….\nCashier\nDeputy Registrar\nGeneral Cash Book, Patna High Court.\nGeneral Cash Book, Patna High Court.\nDisbursements\nDisbursements\nDate\nNature of payment\nNo. of voucher\nAmount\nDaily total\nInitial of Accountants\nRemarks\nJudicial Deposits\nOther Disbursements\n1\n2\n3\n4\n5\n6\n7\n8\nRemitted to State\n\t\t\t\tBank of India: -\n(1) By paid vouchers.\n(2) By Cash\nContingencies.....\nG. C. Allowance\nEstablishment Pay.\nRs.\nPaise\nRs.\nPaise\nRs.\nPaise\nAnalysis of Closing Balance\nJudicial Deposits\n\t\t\t\tetc.....\nPermanent\n\t\t\t\tAdvance.....\nEstablishment\n\t\t\t\tpay.....\nGrain Comp.\n\t\t\t\tAllowance.....\nR. T. Receipts and\n\t\t\t\tBank Draft.\nTravelling\n\t\t\t\tallowance.......\nMoney Order\n\t\t\t\treceipts..\nTotal....\nRs.\nPaise\nClosing Balance Total\nCashier\nDeputy Registrar\nPass Book, Patna High Court\nPass Book, Patna High Court\nDr.\nCr.\nPayments and Remittances From the Court\nPayments and Remittances From the Court\nDate of payment\nCourt's numbers of repayment vouchers\nParticulars of payments\nAmount\nSignature of the Agent, State Bank or T.O.\nDate of receipt\nParticulars of Receipts\nHead of account under which to be scheduled at\n\t\t\t\tTreasery\nAmount\nSignature of the Treasury Officer.\nCash remittance from the Court.\nRs.\nPaise.\nTreasury Officer\nAgent\nHigh Court Deposit Receipts\nJudicial Deposit\nXVI-Administration of justice.-Miscellaneous.\nRs.\nPaise.\nSale-proceeds of\n\t\t\t\tpaper-books Sale proceeds of Forms.. Sale of old stores, etc....\n\t\t\t\tMiscellaneous (other items).\nTotal...\nTotal...\nPatna\nThe\n20\nDeputy Registrar\nPatna High Court\nRegister of money orders received\nRegister of money orders received\nSerial number\nDate\nNumber of money order with dates\nName of remitter\nStation or post town\nAmount\nDaily total\nSignature of Deputy Registrar\nSignature of treasurer\nDate of disposal or transfer to other heads\nHow disposed of\nRegister of saleable forms\nRegister of saleable forms\nDate\nApplication for copy\nPrice\nApplication by Counsel\nPrice\nApplication for refund\nPrice\nChallans\nPrice\nApplication for information\nPrice\nList\nPrice\nTotal value\nSignature of Deputy Registrar\nRegister of payments made in Court\nRegister of payments made in Court\nNumber of repayment order\nDate of order\nAmount paid\nDate of payment\nTo whom paid\nHow identified\nSignature of cashier\nSignature of recipient\nAppendix C (1)\nAppendix C (1)\nIn The High Court of Judicature at Patna\nIn The High Court of Judicature at Patna\nCourt's Certificate to Winesses\n(a) Name\n(2) Designation\n(3) Here state whether official or private.\n(4) If nothing is paid under either head, it\n\t\t\t\tshould be clearly stated.\nAs travelling allowance\n...\n...\nRs.\nAs halting allowance\n...\n...\nRs.\nA sum of Rs..............has been deposited as\n\t\t\t\this pay.\nDate..........\nDeputy Registrar\nAppendix C (2)\nAppendix C (2)\nForm No. 1\nForm No. 1\nIn the High Court of Judicature at Patna.\nIn the High Court of Judicature at Patna.\n(Original Jurisdiction.)\nInventory\n(Chapter XI, Rule 30)\n(Chapter XI, Rule 30)\nProperty in possession of executor or\n\t\t\t\tadministrator\nCredits\nImmovable property\nMovable property\nDescription\nGovernment revenue payable (if any)\nRecorded rental (if any)\nEstimated market value\nDescription\nEstimated value\nAmount due to estates\nFrom whom due\nNature of security (if any)\n1\n2\n3\n4\n5\n6\n7\n8\n9\nDebits\nProperty bequeathed by Will of deceased\nAmount due\nTo whom due by estate\nOn what account\nAmount of value\nTo whom bequeathed\nRemarks\n10\n11\n12\n13\n14\n15\nNote. - The inventory must be verified in the manner prescribed by Rule 30.\nNote.\nForm No. 2\nForm No. 2\nIn the High Court of Judicature at Patna\nIn the High Court of Judicature at Patna\n(Chapter XI, Rule 30)\n(Chapter XI, Rule 30)\nAssets\nApplication for disposal of assets\nProperty in possession of executor under the\n\t\t\t\tinventory Form no.\nIncome from such property\nCredits realised out of those entered in the\n\t\t\t\tinventory\nOther assets or credits recovered or realised\nTotal assets which have come into the hands of\n\t\t\t\texecutor or administrator up to date of filing the account\nDebts paid out of those entered in the inventory\nLegacies paid out of those entered in the\n\t\t\t\tinventory\nOther payments made\nTotal payments made\nRemarks\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nNote. - This account must be verified in the manner prescribed by Rule 30.\nNote.\nAppendix CC\nAppendix CC\nForm No.1 (Criminal)\nForm No.1 (Criminal)\nRule 5, Chapter XXIB.\nRule 5, Chapter XXIB.\nForm of Production Warrant.\nForm of Production Warrant.\n(Under Section 491 of the Code of Criminal Procedure.)\n(Under Section 491 of the Code of Criminal Procedure.)\nIn the High Court of Judicature at Patna\nCriminal Jurisdiction\nCriminal Jurisdiction\nThe Officer-ln-Charge of (name of jail or other place, where the person is detained in custody) or to (name of person).\nYou are hereby required to have the body of B.C. now a prisoner in your custody (or now in your custody) before the High Court, on the...................day of.........next by............of the clock in the forenoon of the same day to be dealt with according to law and you shall then and there abide by such order as shall in that behalf be made by the said Court (if the prisoner is detained in public custody add) and unless the said B.C. shall then and there, by the said Court, be ordered to be released, you shall, after the said Court shall have dispensed with his further attendance, cause him to be conveyed, under safe and sure conduct back to the said) jail or other place of custody).\nDated this\nday of\n20.\nDeputy Registrar,\nForm No. 2 (Criminal)\nForm No. 2 (Criminal)\nRule 5, Chapter XXIB\nRule 5, Chapter XXIB\nForm of Production Warrant.\nForm of Production Warrant.\n(Under Section 491 of The Code of Criminal Procedure)\n(Under Section 491 of The Code of Criminal Procedure)\nIn The High Court of Judicature at Patna.\nCriminal Jurisdiction\nCriminal Jurisdiction\nThe Officer-in-Charge of The (Name of Jail).\nDated this\nday of\n20.\nDeputy Registrar\nForm No. 3 (Criminal)\nForm No. 3 (Criminal)\nRule 5, Chapter XXIB\nRule 5, Chapter XXIB\nForm of Production Warrant.\nForm of Production Warrant.\n(Under Section 491 of The Code of Criminal Procedure)\n(Under Section 491 of The Code of Criminal Procedure)\nIn the High Court of Judicature at Patna\nIn the High Court of Judicature at Patna\nCriminal Jurisdiction\nCriminal Jurisdiction\nThe Officer in Charge of the (Name of Jail)\nDated this\nday of\n20.\nDeputy Registrar\nForm No. 4 (Criminal)\nForm No. 4 (Criminal)\nRule 5, Chapter XXIB\nRule 5, Chapter XXIB\nForm of Production Warrant.\nForm of Production Warrant.\n(Under Section 491 of the Code of Criminal Procedure)\n(Under Section 491 of the Code of Criminal Procedure)\nIn the High Court of Judicature at Patna.\nIn the High Court of Judicature at Patna.\nCriminal Jurisdiction\nCriminal Jurisdiction\nThe Officer In Charge of the (Name of Jail).\nDated this\nday of\n20.\nDeputy Registrar\nAppendix CCC\nAppendix CCC\nVide Rule 5, Chapter XXII-C.\nForm of Notice.\nForm of Notice.\nIn the High Court of Judicature at Patna.\nAppellate Jurisdiction.\nCivil side Civil Reference No..............of..................19.\nCivil side Civil Reference No..............of..................19.\nUnder the Chartered Accountants Act, 1949.\n(Act XXXVIII of 1949)\n...........................Referring Authority\nVersus\nRespondents\n(1) ........... Member of the Institute.......the .............Respondents above named.\n(2) The 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.\n(4) Chief Secretary to the State Government Concerned*.\nBy order of the Court,\nDeputy Registrar\n* To be scored out in case the complaint has not been lodged by the State Government.\nAppendix D\nAppendix D\nNote. - The Bar Council of Bihar has framed rules relating to admission of Advocate and other matters under the Advocates' Act, 1961. These Rules have been separately printed by the Bar Council.\nNote.\nAppendix E\nAppendix E\nLetters Patent Constituting the High Court of Judicature at Patna.\nLetters Patent Constituting the High Court of Judicature at Patna.\nRecital of Acts 24 and 25 Vict.c. 104.\nRecital of establishment of High Courts at Fort William and Allhabaad.\nRecital of Acts 1 & 2 Geo. 5, c. 18.\nRecital of Acts 5 & 6 Geo. 5, c. 61.\nRecital of creation of Province of Bihar and Orissa.",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "1",
"title": "1. Establishment of High Court at Patna.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "2",
"title": "2. Constitution and first Judges of the High Court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "3",
"title": "3. Declaration to be made by Judges.",
"chapter": null,
"content": "\"I, A, B, appointed Chief Justice (or a Judge) of the High Court of Judicature at Patna, do solemnly declare that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgment.\"",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "4",
"title": "4. Seal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "5",
"title": "5. Writs, etc. issue in name of the Crown and under seal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "6",
"title": "6. Appointment of officers.",
"chapter": null,
"content": "Admission of Advocates, Vakils and Attorneys\nAdmission of Advocates, Vakils and Attorneys",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "7",
"title": "7. Powers of High Court in admitting Advocates, Vakils, and Attorneys.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "8",
"title": "8. Powers of High Court making Rules for the qualifications, etc., of Advocates, Vakils and Attorneys.",
"chapter": null,
"content": "Civil Jurisdiction of the High Court\nCivil Jurisdiction of the High Court",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "9",
"title": "9. Extraordinary Original Civil Jurisdiction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "10",
"title": "10. Appeal to the High Court from Judges of the Court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "11",
"title": "11. Appeal from other Civil Courts in Province of Bihar and Orissa.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "12",
"title": "12. Jurisdiction as to Infants and Lunatics.",
"chapter": null,
"content": "Law to be administered by the High Court\nLaw to be administered by the High Court",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "13",
"title": "13. By the High Court in the exercise of extraordinary original civil Jurisdiction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "14",
"title": "14. By the High Court in the exercise of appellate jurisdiction.",
"chapter": null,
"content": "Criminal Jurisdiction\nCriminal Jurisdiction",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "15",
"title": "15. Ordinary original criminal jurisdiction of the High Court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "16",
"title": "16. Jurisdiction as to persons.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "17",
"title": "17. Extraordinary original criminal jurisdiction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "18",
"title": "18. Court may reserve points of Law.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "19",
"title": "19. High Court to review cases on points of law reserved, by one or more Judges of the High Court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "20",
"title": "20. Appeals from other Criminal Courts in the Province of Bihar and Orissa.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "21",
"title": "21. Hearing of referred cases and revision of criminal trials.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "22",
"title": "22. High Court may direct the transfer of a case from one Court to another.",
"chapter": null,
"content": "Criminal Law\nCriminal Law",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "23",
"title": "23. Offenders to be punished under Indian Penal Code.",
"chapter": null,
"content": "Admiralty Jurisdiction\nAdmiralty Jurisdiction",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "24",
"title": "24. Civil.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 111
},
{
"number": "25",
"title": "25. Criminal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 112
},
{
"number": "26",
"title": "26. Testamentary and intestate jurisdiction.",
"chapter": null,
"content": "Matrimonial Jurisdiction\nMatrimonial Jurisdiction",
"footnote": "",
"is_definition": false,
"sort_order": 113
},
{
"number": "27",
"title": "27. Matrimonial jurisdiction.",
"chapter": null,
"content": "Powers of Single Judges and Division Courts\nPowers of Single Judges and Division Courts",
"footnote": "",
"is_definition": false,
"sort_order": 114
},
{
"number": "28",
"title": "28. Single Judges and Division Courts.",
"chapter": null,
"content": "Civil Procedure\nCivil Procedure",
"footnote": "",
"is_definition": false,
"sort_order": 115
},
{
"number": "29",
"title": "29. Regulation of proceedings.",
"chapter": null,
"content": "Criminal Procedure\nCriminal Procedure",
"footnote": "",
"is_definition": false,
"sort_order": 116
},
{
"number": "30",
"title": "30. Regulation of proceedings.",
"chapter": null,
"content": "Appeals to Privy Council\nAppeals to Privy Council",
"footnote": "",
"is_definition": false,
"sort_order": 117
},
{
"number": "31",
"title": "31. Power to appeal in civil cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 118
},
{
"number": "32",
"title": "32. Appeal from interlocutory judgments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 119
},
{
"number": "33",
"title": "33. Appeal in criminal cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "34",
"title": "34. Rule as to transmission of copies of evidence and other documents.",
"chapter": null,
"content": "Exercise of Jurisdiction elsewhere than at the usual place of sitting of the High Court.\nExercise of Jurisdiction elsewhere than at the usual place of sitting of the High Court.",
"footnote": "",
"is_definition": false,
"sort_order": 121
},
{
"number": "35",
"title": "35. Judges to visit Orissa by way of Circuit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 122
},
{
"number": "36",
"title": "36. Special Commissions and circuits.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 123
},
{
"number": "37",
"title": "37. Proceedings of Judges on special commission or circuit.",
"chapter": null,
"content": "Delegation of Duties to Officers\nDelegation of Duties to Officers",
"footnote": "",
"is_definition": false,
"sort_order": 124
},
{
"number": "38",
"title": "38. Power to delegate duties.",
"chapter": null,
"content": "Cessation of Jurisdiction of the High Court of Judicature at Fort William in Bengal\nCessation of Jurisdiction of the High Court of Judicature at Fort William in Bengal",
"footnote": "",
"is_definition": false,
"sort_order": 125
},
{
"number": "39",
"title": "39. Cessation of jurisdiction of the High Court of Judicature at Fort William over the Province of Bihar and Orissa.",
"chapter": null,
"content": "(a) in all proceedings pending in that Court on the date of the publication of these presents in which any decree or order, other than an order of an interlocutory nature, has been passed or made by that Court, or in which the validity of any such decree or order is directly in question; and\n(b) in all proceedings [not being proceedings referred to in paragraph (a) of this clause] pending in that Court, on the date of the publication of these presents, under the 13th, 15th, 22nd, 23rd, 24th, 25th, 26th, 27th, 28th, 29th, 32nd, 33rd, 34th or 35th clause of the Letters Patent bearing date at Westminster the twenty-eight day of December, in the Year of Our Lord One Thousand eight hundred and sixty-five, relating to that Court; and\n(c) in all proceedings instituted in that Court, on or after the date of the publication of these presents, with reference to any decree or order passed or made by that Court:\nCalls for Records, etc., by the Government\nCalls for Records, etc., by the Government",
"footnote": "",
"is_definition": false,
"sort_order": 126
},
{
"number": "40",
"title": "40. High Court to comply with requisitions from Government for records etc.",
"chapter": null,
"content": "Powers of Indian Legislatures\nPowers of Indian Legislatures",
"footnote": "",
"is_definition": false,
"sort_order": 127
},
{
"number": "41",
"title": "41. Powers of Indian Legislatures preserved.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 128
}
],
"metadata": {
"Act ID": "Last Updated 15th January, 2020 [bh594]",
"Act Number": "",
"Enactment Date": "",
"Act Year": "1916",
"Short Title": "Patna High Court Rules, 1916",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}