Q.No.2 :-What registers are maintained by the Reader of High Court Judge.

Ans :- The following registers are maintained by the Reader:-

1) Peshi Register (a)One for single bench cases; and

(b) One for Division Bench full bench and special bench cases

2) Despatch Register (a) Relating to the sending of Lower court record to the

concerned branch and

3) (b)Relating to cases other than those mentioned above i.e Motion cases and

urgent petitions etc

4) Remarks Register:- Known as opinion sheet Register for recording remarks on the

quality of judgment of the courts below, which if recorded, are sent to confidential

branch for placing on personal file of the officer concerned.

5) Register of reported cases

6) Library Register – for books provided in the court and the chambers

In addition the Reader should maintain the following registers also :-

i) Register containing brief particulars of all important Supreme court cases

as well as full bench and Division Bench cases so that when required a reference

may conveniently be made;

ii) Register containing all important administrative cases with brief particulars

to facilitate reference when required;

iii) Register for various articles of furniture etc. Provided on the court and

chamber to avoid any loss thereof.

Q.No.3:- Enumerate briefly the duties of a Reader?

Ans:- Attributes of a Good Reader :-

1)Honesty, cool temper, willingness to discharge various duties cheerfully, tactfully

and promptly.

2)Knowledge of vernacular languages viz Hindi, Punjabi and Urdu and ability to

read Shikasta.

3)Acquaintance with procedural laws and substantive laws and with the latest

amendments in various enactment by Parliament and State Legislature.

4)Well clad and properly dressed and able to keep the Usher and the orderlies in
proper gear.

Duties of a Reader:-

1)Preparation of peshi for the following day

2)On and during the hearing of the cases

3)After rising of the court.

1(a) Procuring of cause lists from the Cause Roster Clerk for the next date

(i)Motion cases (ii) Notice cases and (iii) Urgent petitions

b)Urgent petitions are received from the C.R.C alongwith relevant cause list, notice

as well as motion cases are received from the branches concerned including

records. After checking carefully he should enter motion and urgent petitions in

peshi registers.

c) He should see that paper books are complete and if there is some defect he

should get it removed.

Particular care should be taken to see that parties have been properly served.

d)Any defect should be brought to the notice of the Hon:ble Judge so that during

hearing time is not wasted.

e)He should draw out paper books of all cases, arrange them serially in

accordance with cause list and send them to the residence of the Hon:ble Judge

after flagging all necessary documents.

2) On and during the hearing of the cases:-

a)Should reach office sufficiently before the arrival of the Hon:ble Judge and see

that everything in the court and chamber is in order.

b)Administrative cases sent by the office should be placed before the Hon:ble

Judge before court hours so that his Lordship may pass orders thereon especially

in urgent cases.

3) After the rising of the court :-

a) In continuation of preliminary parcha which is expected by lunch time the

Reader should immediately after the rising of the court send final parcha giving

disposal of the cases for the day for drawing up the cause lists for the following

day.

b)In case reserve judgment is to be pronounced on the following day the same
 should, if possible, be included in final parcha or a separate parcha be sent as

quickly as possible.

c)Before the judgment are sent to the branch concerned, Reader should go

through the same carefully to ensure that there is no typographical or inadvertent

error of law or ruling cited.

d)The Lower court record should be returned to the branch concerned with the

case after making entry in the Register.

e)Extra care should be taken to mention secrecy of the reserved judgment.

f)Library should be maintained in a lovely formed and periodical checks conducted.

The above notes duties have come to be performed by the Reader as a

matter of tradition or convention because the duties as such of a Reader to Hon:ble

Judge are not prescribed under any rule, law or instruction. There is only one duty of

the Reader prescribed in Rule 2 Chapter 1F of the High Court Rules and Orders, Vol-

V ,Rule 3, Chapter 3-A, Vol-V. If any alteration in the distribution list appears to be

unauthorized, the Reader shall bring it to the notice of the Deputy Registrar now

Addl.Registrar(Judl.) and the Hon'ble Judge.

In motion cases which are admitted the court Reader will draw attention of

the appellant or petitioner who appears in person and not through counsel to the

requirement of rule regarding payment of process fees within seven days of the date

of order and taken his signature under communication thereof (orders).

In addition to above duties there are some duties which a good Reader

should take care of:-

i)He should avoid taking leave frequently and should be punctual as well as

regular.

ii)Before hearing starts he should ensure that all the counsel are present in the

court.

Iii)Bail and stay order cases and other similarly important cases should be sent

back to office promptly after noting their results in the register.

iv)Petitions of urgent, express and immediate petitions for supply of copy should be

sent alongwith the case to the branch.

v)As soon as regular case is taken up necessary entries should be made in the
Register and judgment sheet prepared.

vi)In Civil cases if counsel:s fee certificate is handed over to the Reader he should

attach the same with relevant file after certifying whether it was filed before or after

the hearing of the case.

Vii)Should keep LCR handy and in such a way that he is able to pick up the desired

document within no time.

Viii)In criminal case before hearing starts he should see that the weapon of offence

etc are available.

ix)Counsel for the next two cases should be sent for if not already present.

x)Should send for the PW/JW in case judgment is to be dictated in open court and

in case it is a reportable judgment he should get orders from the Hon:ble Judge

and convey the same to the PS/JW so that two copies of the judgment are

prepared.

xi)He should note down the result of every case himself in a register.

Xii)If accused is to surrender in court he should inform the Registrar for his

commitment to lock up.

Xiii)In case short order regarding release of accused acquitted, who are already on

bail, are to be sent they must be sent after they are signed by the Hon:ble Judge.

Xiv)After judgments are delivered in Appeals he should put up prescribed remarks

which to the Hon:ble Judge for recording remarks which if recorded are sent to the

Registrar for being placed in his personal file.

xv)He should avoid being unnecessarily intimate with the litigants and members of

the bar or their clerks.

Xvi)He should not leave the court room during the proceedings.

Xvii)He should not adjourn the case without the previous order of Hon:ble Judge.

Xviii)In the present disturbed conditions should not allow undesirable elements to

enter the court.

Xix)He should be watchful and should ensure that none enters the court with hand

bags etc. which can contain explosives.

xx) He should not be unnecessarily harsh to the subordinate or other ministerial

staff.
Q.No.4:- Are the following cases to be heard by a single judge of Division
bench?
-Mention the category of cases which shall ordinary be heard and
disposed of by a Judge sitting alone.

Ans:- 1) Criminal Revision Single bench.

2)Civil Revision Single Bench.

3)Criminal Appeal against sentence of 10 years--SB

4)First Appeal in a Civil Suit Single bench.

5)Appeal under land acquisition Act Single bench.

6)Criminal writ petition after notice Single bench.

7)Criminal Appeal against a sentence of transportation Division Bench.

8)Civil Appeal relating to costs only Single Bench.

9)Appeal against acquittal Division Bench.

10)Appeal under Sikh Gurudwara Act Division Bench.

11)Appeal under Hindu Marriage Act --Single Bench.

12)Criminal Appeal against judgment of conviction No appeal lies against the

conviction. However the appeal lies against sentence, if the sentence is less than

10 years Single bench and if more than ten years or death Division Bench.

13)Appeal against award of MACT Act ----- Single Bench.

14)Appeal under clause X of LPA against the decision rendered on judicial side of

the High court Division Bench

15)Application for setting aside of ex-parte decree Single bench(same bench which

passed the exparte decree) if available, otherwise as per roster.

16)Application for setting aside of abatement of appeal Single bench

17)Civil Writ Petition at the motion by Division Bench and after admission by Single

Bench. If admitted to DB then at both stages by DB.

18)Contempt reference by the court of Civil Judge (Jr.Divn) Single Bench

19)Criminal Appeal under NDPS Act 10 years R.I Single bench

20)Review application Same Bench as provided under Order 47 Rule 5 CPC.

21)RSA Single Bench

22)E.S..A(Execution Second Appeal) Single Bench

23)F.A.O Single Bench

24) Criminal Contempt Division Bench

 25)Civil Contempt Single Bench

26)First Appeal from the decree of a subordinate court Single Bench

27)Regular First Appeal Single Bench

28)Vat Tax,Sale Tax,Gift Tax, Income Tax Division Bench

29)First Appeal against order 0.39 Rule 1 and 2 CPC-- S.B.

30)Liquidation case Single Bench

31)Transfer Application Single Bench

32)Election petition Single Bench

33)Bail applications Single Bench

34) Company appeal against the order of Company Judge-D.B.

35) Company appeal against the order of Company Law Board-Single

Bench(Company Judge).

Q5: What is the proper arrangement of paper book in Murder

reference cases.

Ans :- The procedure regarding correct arrangement of paper book in murder

reference has been laid down in Chapter 4-D of the High Court Rules and orders

Volume-V.

Rule 3 of this chapter relates to the contents of this record. The paper book

in murder reference shall consist of the following documents :-

1)Opening sheet of Sessions Record

2)Notes and orders of the Sessions Judge

3)Charge-sheet framed by the Sessions Judges

4)Plea of the accused

5)Report of the chemical examiner and the serologist if any

6)First Information report.

7)Inquest report.

8)Material documentary evidence if any

9)Record of evidence in court of Sessions

10)Statements and confessions recorded under section 164 Cr.P.C

11)Examination of the accused in Sessions court under section 313 Cr.P.C

12)Judgment of Sessions Judges

 13)Petition of appeal.

Q.No.6:-What is the period of limitation in High Court:-

Ans:- 1)Regular First Appeal 90 days

2)Regular Second Appeal 90 days

3)An appeal under the Hindu Marriage Act 90 days

4)A Criminal appeal 60 days

5)A Criminal Revision 90 days

6)A petition under Article 226 and 227 of the Constitution No limitation (However

to be presented within reasonable time).

7)An appeal made in exercise of Org.Jurisdiction 90 days.

9)Second appeal against order 90 days

10)Civil Revision 90 days

11)Appeal under clause of 10 of the letters patent in decision rendered on a

original side in High court 30 days

12)Review application 30 days

13)Appeal against the award of MACT 90 days

14)Application for impleading legal representatives of a deceased appellant 90

days as per limitation Act. However, in view of the amendment made by this court

on 21.02.92 in order 22 Rule 3and 4 CPC suits do not abate and application can

be made at any time during pendency of suit/appeal.

15)To set aside abatement 60 days. Now in view of amendment made by this court

on 21.02.92 in order 22 Rule 3 and 4 CPC suits do not abate.

16)Application for execution of decree 12 years (3 years in case of mandatory

injunction and money decree.

18)For certificate of fitness for leave to appeal to the Supreme Court in case death

sentence 60 days

19)For leave to appeal as a pauper in the High Court 60 days

Q.No.7:- Can a Reader of a Learned Judge allow inspection of the Judicial

records lying with him to party. If so, in what circumstances.

Ans:- There are no specific rules contained in Chapter V, Part-A of High Court

Rules and Orders Vol-V which deals with the inspection of Records. However Rule

2 of the said chapter provides that the inspection of a record will not be permitted
 on the date fixed for hearing without the special order of the Judge or one of the

Judges before whom the case is pending. No other circumstance has been

provided under which Reader can allow the inspection. Inspection is allowed by the

Addl.Registrar(Judl.)/Deputy Registrar(Judl.) as per rules. As a general procedure

inspection can be allowed with the permission of Hon'ble Judge only.

Q.No.8:- What is the difference in making reference to a Division Bench and

in asking for the assistance of another Judge to decide the case? Are both
the courses available to a single Judge in all sort of cases. If not, in which
cases they are available .
b)What would happen if the members of a Division Bench differ on the
question of admission of motion matter?

Ans:- An Hon'ble Judge while sitting alone ordinarily hears and decides various

categories of cases as mentioned in Chapter III-B of the High Court Rules and

Orders, Vol.-V.

An Hon'ble Judge sitting alone, if thinks fit, may refer any matter, which

involves an important question of law on any point or there are two different views of

the Single Judge on the same question of law to a Division Bench. There also certain

other matters provided in this chapter which his Lordship may also after recording the

reasons for making a reference to the Division Bench with the sanction of the Hon'ble

Chief Justice and that matter is heard and decided by that DB/FB..

On the other hand, the Hon'ble Judge sitting alone may, with the sanction

of Hon'ble the Chief Justice may obtain the assistance of any other Judge for

recording the evidence or other completion of pleadings but hear and decide that

case himself.

The difference in making reference to a Division Bench and asking for

assistance of another Judge to decide the case, is obvious. In cases which are

referred to D.B. means that would be heard/disposed of by the Division Bench on the

question of law referred to it, whereas the making of reference to obtain the

assistance of any other Judge or Judges in any matter would mean that the

assistance in such matters can be taken only with regard to completion of pleadings

and recording of evidence etc. Only, but decision would be rendered by the same

Judge sitting singly.

In reply to the second part of the questions both the courses are available

to a single Judge but not in all sorts of cases. The cases in which both the courses
are available as under:-

“As stated above all cases irrespective of category which

involve important question of law or where there different views of equal
number of Hon’ble Judges rendering decision, may be referred to DB or
larger Bench, whereas the assistance can be sought only in cases
where evidence etc. Is to be recorded. No assistance can be taken in
appellate jurisdiction where only arguments are to be heard and no
action with regard to completion of pleadings etc. Is to be taken.

Ans(b):- If the members of a Division Bench differ on the question of admission

decision of the matter, the Judges so differing shall each record his own

judgment/order and the matter shall be laid before the Hon'ble Chief Justice who shall

nominate third Judge sitting singly tyo hear and decide the matter. The order of earlier

Judge, with whom third Judge shall agree, will prevail. This procedure is laid down in

Chapter IV-H of the High Court Rules and Orders Volume-V.

Q.No.9:- What do you understand by :-

i) Kacha Peshi :- Kacha Peshi cases are those cases which are listed before

Hon'ble benches for securing compliance by the Advocate of some orders

regarding service, depositing of process fees or any other directions issued by the

Benches. Such cases are listed with the note of the office before the Hon'ble

Benches.

ii) Motion hearing :- Motion hearing are those cases wherein notice of motion has

already been issued or yet to be issued. Hearing of such cases before the Hon'ble

Judge is called motion hearing.

iii) Special order case:= Normally in the High court the cases are fixed for final

hearing according to the date of their admission. But the Admitting bench or bench

hearing the matter, at any stage if found that a particular case has some urgency

or a point of general importance is involved or the circumstances of the case so

warrant then the Bench may in his discretion order that the said case be heard

within such and such period on priority basis. Such a case will be fixed by the office

on priority basis over all other admitted cases of the same or the preceding year

and such cases are called special order cases.

iv) Actual date case:- Actual date case are those cases wherein a specific date of

hearing is fixed by the bench considering the nature of the cases

v) Interlocutory order:- Interlocutory order are those orders which are passed in a
 pending suit/appeal/petition for interim reliefs, like stay, impleading parties, Lrs and

such directions are subject to final outcome of the case. Interlocutory order are not

final in nature but are subject to the final decision of the case.

vi) Murder reference:- Murder reference is made by the court of Sessions under

section 366 of the criminal Procedure Code to the High Court where the Sessions

Judge passes a sentence of death on a convict and submits the proceedings to the

High Court for confirmation of death sentence. The death sentence ordered by the

Sessions Judge can not be executed unless it is confirmed by the High Court.

vii)Anticipatory bail :- Anticipatory bail is a bail which is granted by the High Court or

the court of Sessions Judge directing a person on bail previous to his arrest when

any person for the reason to believe that he may be arrested on any accusation

committed for a non-bailable offence and the High Court or Sessions Court

(including Addl.Sessions Judge) exercising powers on an application by such

accused may, if it thinks fit, direct that in the event of such arrest, he shall be

released on bail but while granting anticipatory bail the High court or the court of

Sessions may impose such conditions in the light of facts of a particular case as it

may think fit, as follows :-

i) that the person shall make himself available for interrogation by police officer as

and when required.

ii)that the person shall not directly or indirectly, make any inducement, threat or

promise to any person acquainted with the facts of the case as to dissuade him

from disclosing such facts to the counter to any police officer.

Iii) that a person shall not leave India without previous consent of the court. The

person who has been granted anticipatory bail by the High Court under section 438

Cr.P.C or the Sessions Court will be released on bail subject to the satisfaction of

arresting officer.

Q.No.10(a) What you understand by Roster ?

Who prepared the same ? Can Hon”ble Judge deal with a Civil
matter if he is sitting on the criminal side according to Roster ?
b) Can Writ Petition be presented in the High Court on a holiday
or on a working day after the court hours.

Ans : The Roster is an arrangement made by the Hon"ble Chief Justice with regard to

the assignment of various cases to various benches sitting singly or in Division bench
or full benches. Roster provides an arrangement that such and such Hon'ble Judge or

Judges will sit singly or in benches of two or more. It is prepared by the

Registrar(Judl.)with the approval of Hon'ble the Chief Justice from time to time. In this

regard reference is made to Rule 2 Chapter III-A of High Court Rule and Order

Volume-V.

Any Hon'ble Judge who is sitting on Criminal side, roster cannot deal with a

civil matter. However, there is an exception to this rule only while hearing matter

during vacation. If a vacation Judge according to the Roster already approved

deals with criminal cases, he may exercise the original and appellate jurisdiction

vested in the High Court in any civil matter as well as laid down in Rule 3, Chapter

3-B, of the High Court Rules and orders Volume-V,otherwise also an Hon'ble Judge

with the permission of Hon'ble Chief Justice may hear any civil case while on the

criminal side according to the Roster. Part heard matters of the previous roster are

heard by the same Bench irrespective of the roster till those are decided or

released from part heard.

Ans(b):- The petition may be presented in the High Court on a holiday or after court

hours to the Chief Justice or the Senior most Judge if Chief Justice is not in station

and such matter is entertained keeping in view the urgency involved, in view of

Rule 24 Chapter 4(F)High Court Rule and Order Volume-V.

Q.No.11:- What documents are required to be filed in the following cases:

The following documents are required to be filed in C.R.

1. Index (2) Grounds of Revision with opening sheet (3)Memo of parties (4) Impugned

order (5) Other documents, if any.

RSA: (1) Index (2) Opening sheet and grounds of appeal containing substantiated

question of law; (3) Memo of parties (4) Judgment of trial court (5) Judgment of

lower appellate court (earlier decree appealed against was also necessary but now

by view of amendment in Order 41 Rule 1 CPC, filing of decree has been

exempted. (6) Any other document.

Q.No.12:-i) What is required to be specifically stated in a bail application

filed in the High Court?
ii) What documents are required to accompany a transfer
application filed in a criminal case ? Or
 Ans:- In every application for bail presented to the High court either under Section

438 or 439 Cr.P.C. the petitioner shall state whether similar application has or has

not been made to the High Court earlier or the Supreme Court, and if made shall

state the result thereof. An application which does not contain this information shall

be returned for re-submission with the necessary information.

ii) Document to be accompanied transfer application in Criminal case are

specified in High Court Rule and Order Vol -V,Chapter 1-A which provides that

Where a petition or application for the transfer of a criminal case from one criminal

court to another criminal court in the same Sessions Division is made to the High

Court, it shall contain an averment, supported by an affidavit, that an application for

the transfer of the case was made to the Sessions Judge and was rejected by him

under section 407(2) of the Cr.P.C. Petition for transfer shall also be accompanied

by attested copies of the documents relied on by the petitioner.

Q13(i):- In what cases the records of lower courts may not be summoned.

Ans :- Lower court records are not summoned in any case where the proceedings

are going on in the lower court. In such cases the record can be summoned only

under the specific orders of Hon'ble Judge.

Q14(ii):- In what cases service of summons shall be deemed to be good

service on the defendant though he was not served in person.

Ans: Order 5 Rule 19-A provides tha tthe service effected by way of following

modes on a defendant/respondent shall be a good service.

i) Service by Munadi and affixation of summons in the locality where defendant

resides is good service;

ii)The service by Regd. post is a good service.

iii)The service by publication in the News paper is a good service.

iv)Service on the adult member of defendants family whether male or female is a

good service.

v) Service by affixation where defendant refuses to accept person denial.

Q.15(ii):- In the trial of a suit can a court order that any particular fact or facts
be proved by affidavit ?

Ans:- Under Order 19 Rule 1 and 2 CPC:- Any court may at any time for sufficient
 reasons can order that any particular fact or facts may be proved by affidavit. Now

in view of amendment made in 2002 in CPC examination-in-chief of a witness is

tendered by way of affidavit.

Q16(iii) Enumerate the contents of a decree :-

Ans:- Order 41 Rule 35 contains the following contents of a decree:-

i) The decree shall contain the number of the appeal, the names and descriptions of

the appellant and respondent , and a clear specification of the relief granted or

other adjudication made.

ii) The decree shall bear the day and the date on which the judgment is pronounced.

iii) It shall specifically contain whether the suit/appeal has been dismissed or allowed

or disposed of in terms of compromise and what relief has been granted. In case of

appellate decree, it must contain whether decree of lower court affirmed, reversed

or modified.

Iv)The decree shall also state the amount of costs incurred in the appeal, and by

whom, or out of what property, and in what proportions such costs and the costs in

the suit appended are to be paid.

Q17(iv):- In what circumstances and on what grounds a civil court can review
its judgment? Order 47 Rule 1 CPC.

Ans :- Order 47 Rule 1 CPC provides that any person considering himself

aggrieved :-

(a) by a decree or order from which an appeal is allowed, but from which no appeal

has been preferred;

b)by a decree or order from which no appeal is allowed or

c)by a decision on reference from a court of small cause and who, from the

discovery of new and important matter or evidence which after the exercise of due

diligence, was not within his knowledge or could not be produced by him at the

time when the decree was passed or order made, or on account of some mistake

or error apparent on the face of the record, or for any other sufficient reason,

desires to obtain a review of the decreed passed or order made against him, may

apply for a review of judgment to the court which passed the decree or made the

order.
 2) A party who is not appealing from a decree or order may apply for a review of

judgment not withstanding the pendency of an appeal by some other party except

where the ground of such appeal is common to the applicant and the appellant, or

whom, being respondent , he can present to the appellate court the case on which

he applies for the review. However, there is a bar imposed by way of explanation

that the fact that the decision on a question of law on which the judgment of the

court is based has been reversed or modified by the subsequent decision of a

superior court in any other case, shall not be a ground for the review of such

judgment.

Q.18. Who can hear the review application.

Ans: Order 47 Rule 5 CPC provides that where the Judge or Judges or anyone

of the Judges, who passed the decree or made the order, a review of which is

applied for, continues or continued attached to the court at the time when the

application for a review is presented, and is not or are not precluded by absence or

other cause for a period of six months next after the application from considering

the decreed or order to which the application refers, such Judges or Judge or any

of them, shall hear the application and no other Judge or Judges of the court shall

hear the same. Rule 5 Chapter-3 Part-II High Court Rule and Order Vol.5 which

deals with the jurisdiction of single Judge and Benches of the Court also contains a

provisions with regard to hearing of review application and provides that in cases

not provided for by Order XLVI Rule V, an application for a review of a decree or

order shall be heard (a) if the decree or order review of which is applied for, was

passed by a Judge, sitting alone, by a Bench of two or more Judges (b) if the said

decree of order was passed by a Bench of two or more Judges, by a Bench

consisting of atleast as many Judges as the Bench review of whose decree and

order is applied for.

Q.19:- Can a decree be passed against a defendant who dies during the
pendency of a suit?

Ans:- Order 22 Ruled 6 CPC provides that no abatement by reason of death after

hearing can take place. This section specifically provides that whether the cause of

action, survives or not, there shall be no abatement, by reason of the death of either
party between the conclusion of the hearing and the pronouncing of the judgment, but

judgment may in such case be pronounced notwithstanding the death and shall have

the same force and effect as if it had been pronounced before the death took place,

otherwise also, in view of the amendment in Rules 3 & 4 by this Court in 1992 no suit

abates and it is the duty of the Legal representative of the deceased to make

themselves for impleadment in case plaintiff does not do so.

Q20:-When can the documents produced in a suit and placed on record be

returned.

Ans:- Order 13 Rule 9 CPC deals with return of admitted documents, it provides that

any person, whether a party to the suit or not, desirous of receiving back any

document produced by him in the suit and placed on the record shall, unless the

document is impounded under Rule 8.,order 13 CPC, be entitled to received back the

same:-

a)where the suit is one in which an appeal is not allowed, when the suit has been

disposed of and

b) where the suit is one in which an appeal is allowed, when the court is satisfied that

the time for preferring an appeal has elapsed and that no appeal has been preferred

or, if an appeal has been preferred, when the appeal has been disposed of;

Provided that a document may be returned at any time earlier then that

prescribed by this rule if the person applying therefor:-

a)delivers to the proper officer and being substituted for the original:-

i)In the case of a party to the suit, a certified copy, and

ii)In the case of any other person, on ordinary copy which has been

examined, compared and certified in the manner mentioned sub rule(2)of Rule 7 of

order 7

(b)Under takes to produce the original, if required to do so. The document

may be returned where the suit has been disposed of an the appeal is not filed or has

been disposed of. It further provides that no document shall be returned which, by

force of decree, has become wholly void or useless (ii) on the return of the document

admitted in evidence, a receipt shall be given by the person receiving it.

Provided that the cost of such certified copy shall be recoverable as a fine

from the party at whose instance the original document has been produced.
Q.21(vii)-What endorsement is made on a document:-
a) admitted in evidence in a suit.

Ans:- Order 13 Rule 4 CPC Provides that there shall be endorsed on every document

which has been admitted in evidence in the suit the following particulars, namely:-

a)the number and title of the suit

b)the name of the person producing the document

c)the date on which it was produced and

d)a statement of its having been so admitted.

And the endorsement shall be signed or initialed by the Judge.

Q22:- What endorsement is made on a document rejected as

inadmissible in evidence.

Ans:- Order 13 Rule 6 CPC specifies that endorsement to be made on documents

rejected as inadmissible in evidence :-

Where a document relied on as evidence by either party is considered by

the court to be inadmissible in evidence, there shall be endorsed thereon the

particulars mentioned in clauses(a)(b) and (c) of Rule 4 Sub Rule (i), together with a

statement of its having been rejected, and the endorsement shall be signed or

initialed by the Judge.

Q23:- What is Caveat who can file it and when ?

Ans: Caveat is an application which a person, who apprehends that the other party in

a dispute/appeal may obtain ex-parte order from the court, can make under Section

148-A praying the court that prior to passing any other order affecting him adversely,

he may be afforded an opportunity of hearing.

Q24:- In a suit against corporation service can be effected on whom and in what

manner?

Ans:- Order 29, Rule 2 provides mode of service on Corporation. It lays down that

subject to any statutory provisions regulating service of process where the suit is

against a corporation, the summons may be served:-

a) on the Secretary or on any Director, or other Principal Officer of the

Corporation or by leaving it on sending it by post addressed to the Corporation at the

registered office, or if there is no registered office then at the place where the

Corporation carries on business.

Q25:- What is the procedure for effecting service on a civil public officer,
and a solider serving in the Army?

Ans :- Where the defendant is a Public officer, if it appears that the summons may be

most conveniently served, send it for service on the defendant through the Head of

the office, in which he is employed together with a copy to be retained by the

defendant.

Under order 5 Rule 28 CPC

Procedure for Service on soldiers serving in Army is provided under order 5 rule 28

CPC, which provides that where the defendant is a soldiers, sailors airman the court

shall send the summons for service to his commanding officer, together with a copy to

bed retained by the defendant.

Q.26:-What is letters patent appeal and in which cases it is maintainable?

Ans:- Punjab High Court was constituted under Letter Patent dated 21.3.1919,

Clause 10 of Letter Patent provides a right to litigant to file an appeal which shall lie to

the High Court from the judgment (not being a judgment passed in exercise of

appellate jurisdiction in respect of a decree or order made in the exercise of appellate

jurisdiction by a court subject to the superintendence of the High Court and not being

an order made in the exercise of the original jurisdiction not being a sentence or in the

exercise of the criminal jurisdiction) of a Judge of the High Court.

In view of the Full Bench decision of this Court in FAO No.225 of 2005 of

seven Judges no L.P.A. lies against any order passed in appeal. In these days LPA

against writ orders only lie.

Q.27:- What do you understand by the term criminal writ petition and who is
competent to file the writ of Habeas Corpus ?

Ans :- Criminal Writ is a petition for the issuance of a writ in the nature of habeas

corpus or any petition challenging the order of punishment passed in pursuance to

any proceedings before a Court Martial or its equivalent tribunal.

Who is competent: A petition for the issuance f a writ in the nature of habeas corpus

shall be made by the person arrested or detained or on his behalf by a person

acquainted with the facts of the case.

Q.28:- What are the categories of cases to be heard by Division Bench?

Ans:- 1)Murder Reference (2)LPA to High court (3)Criminal appeal against

acquittal (4)Criminal Appeal, against life or hearing sentence more than 10 years (5)

Tax matters (6) Criminal Contempt Petition (7) Contempt Appeals in Civil Contempt

(8) Company appeals against order of Company Judge (9) Civil Writ motion hearing

(10) any other matter referred to D.B. (11) Review applications against the order of

Single Judge if that Judge is precluded from hearing the matter. (12) FAO under Sikh

Gurudwara Act.

Q.29:- What is pauper appeal and who is competent to file it? What documents
are necessary to be filed by a person seeking to appeal as a pauper? How is
petition not duly presented to be treated?

Ans:- Chapter I-B of the High Court Rules and orders Vol-V deals with pauper

appeal. Order 33 of CPC also deals with a pauper appeal. A person who is not

possessed of sufficient means (other than property except from attachment in

execution of decree and the subject matter of the suit/appeal) to enable him to pay

the fee prescribed by law for the plaint in such suit/appeal.

OR

where no such fee is prescribed, if he is not entitled to property worth one thousand

rupees other than the property except from attachment in execution of the decree or

the subject matter of his. If he acquires any property during the pendency of his

application for declaring him pauper, that property shall be taken into account for

considering his status as indigent person, and if the suit is in representative capacity,

his capacity has to be seen as such. In support of his application for being declared

as pauper, he is required to annex with his appeal a schedule of any movable and

immovable property, belonging to him with the estimated value thereof. The schedule

shall also be signed and verified in the manner prescribed for signing and verification

of pleadings and in case he was pauper before the court below, he shall tender an

affidavit that he is still a pauper and not acquired any property after decision appealed

against.

When an application or memorandum of appeal is one which is not

presented in person or is not accompanied by the application for leave to appeal

supported by a schedule of movable/immovable property belonging to the applicant

and duly signed and verified in a manner prescribed for signing and verifying

pleadings, the same will be returned for due presentation with the reason for such
orders of the Registrar (Judicial) duly signed under his own hand.

Q.No.30:- Are the following adjudication decrees :-

i)Decision to set aside abatement of a suit ?
ii)Dismissal of a suit for default of appearance?

Ans:- i)Section 2(2) of CPC provides what are decrees. In view of the definition

given therein, decision to set aside abatement and (ii) dismissal of a suit for

defendant, do not fall within the definition of a decree, thus are not decrees.

Q31:- Powers of a court to compel the attendance of a witness in a civil case as

well as criminal case ?

Ans:- Order 16 Rule 10 to 12 CPC deals with the attendance of a person in a Civil

case to whom a summons has been issued either to attend to give evidence or to

produce a document, fails to attend or to produce the document in compliance with

such summons, the court may issue a proclamation requiring him to attend give

evidence or to produce the document at a time and place to be named therein and a

copy of such proclamation shall be affixed on the outer door or other conspicuous

part of the house in which he ordinarily resides.

i)his warrant either with or without bail for his arrest or in lieu of at the time issuing

such proclamation or any time afterwards the court may in its discretion issue a

warrant either with or without bail for the arrest of such person and make an order

for the attendance of his property to such amount as it thinks fit, not exceeding the

amount of cost of attachment and of any fine which may be imposed under Rule 12.

The court may impose upon him such fine not exceeding Rs.500/- as it

thinks fit having regard to his condition in life and circumstances of the case and

may order his property or any part thereof to be attached and sold if already

attached under Rule 10.

In criminal cases:- Where the witnesses refusing to accept the service of summons

or neglected to appear in the court, the Magistrate can compel to cause his

appearance in the court, by issuing the bailable warrant, non-bailable warrant, by

sending the warrant summons through the SSP concerned to be served by the SHO

of the police station and if the witness is a court servant by attaching his salary and

may impose fine to the tune of Rs.100/- u/s 350 Cr.P.C.

Q.No.32:- What do you mean by a judgment reserved, judgment over rule,

dissented and distinguished ?
Ans :- Judgment reserved:-When court after hearing arguments defers the

pronouncement of judgment for indefinite period that is terms as judgment reserved.

The pronouncement of such judgment is shown in the cause list for the day it is to be

pronounced.

Judgment over ruled: When a bench of High Court or Supreme Court before whom

a law laid down in the previous judgment is cited, that Bench does not agree with the

same and gives his own judgment that is called judgment over-ruled. The important

aspect of over ruling is that Bench over-ruling the judgment should greater in number

for example if the earlier judgment was given by single Judge, Judgment can be over

ruled by Division Bench or Full Bench and in case of Division Bench it should be a

larger Bench.

Dissented judgment: When a Bench consisting of two or more Judges does not give

agreed judgment and the Judges record their separate judgment, such judgment is

called dissenting judgment.

Distinguished Judgment: When before a Bench law already settled is cited and that

Bench does not apply the same to the facts of the case because of dissimilarity of the

facts of the earlier case and opines that is not applicable to the facts of the present

case, the same is called judgment distinguished.

Q.No.33:- What is the difference between order, decree, and judgment.

Ans:- DECREE: Section 2(2) COC means the formal expression of an

adjudication which, so for as regards the court expressing it conclusively determines

the rights of the parties with regard to all or any of the matters in controversy in the

suit and may be either preliminary or final. It shall be deemed to include the rejection

of a plaint and the determination of any question within Section 144, but shall not

include:_

a) any adjudication from which an appeal lies as an appeal from an order or;

b) any order of dismissal for default.

JUDGMENT: Section 2(9) means the statement given by the Judge of the grounds of

a decree or order.

ORDER: Section 2(14) means the formal expression of any decision of a civil court

which is not a decree.

Q.No.34:- (a) What a juristic person?
(b) By whom a suit can be filed on behalf of a person who is not
a juristic person.

Ans :-(a):- Juristic person is an institution or body who can be sued and who can sue

against a defendant.

b) A suit can be filed on behalf of a person who is not a juristic person by

person(s) or group of persons who claim(s) right title or any interest in the property to

be sued.

Q,No.35:- Define Resjudicata and estoppel ?

Ans:- Estoppel :- is defined in section 115 of the Evidence Act. Estoppel is a part of

law of evidence and proceeds on the equitable principle of altered situation, viz that

he who, by his conduct, has induced another to alter his position to his disadvantage,

cannot turn around sounded and take advantage of such alteration of the other

position at later stage.

Resjudicata is defined under Section 11 of CPC. It provides precluded a man

from suing the same thing in subsequent successive litigation and lays down.

that No court shall try any suit or issue in which the matter directly and substantially

in issue has been directly and substantially in issue in a former suit between the

same parties, or between parties under whom they or any of them claim, litigating

under the same title, in account competent to try such subsequent suit or the suit in

which such issue has been subsequently raised and has been heard and finally

decided by such court.

3)Resjudicata is reciprocal and binds both the parties while estoppel binds the

party who made the previous statement or showed the previous conduct.

4)Resjudicata prohibits the court from entering into an enquiry at all as to a matter

already adjudicated upon estoppel prohibits a party, after the enquiry has already

been entered upon.

5)Resjudicata ousts the jurisdiction of the court while estoppel shuts the mouth of a
party.

Q.No.36:-Explain the grounds for setting aside ex-parte decree as contemplated

under order 9 Rule 13 CPC.

Ans:- In order to have an ex- parte decree set aside, the defendant may apply to the

court by which the decree was passed for an order to set it aside on the grounds:- (i)
That the summons was not duly served or (ii) that he was prevented by any sufficient

cause from appearing when the suit was called on for hearing.

Q.No.37:-What are the circumstances in which secondary evidence can be

accepted by a court?

Ans:- Section 63 of the Evidence Act lays down the following

circumstances where secondary evidence can be accepted:-

i)where the original is in possession of adversary party.

ii)where the original is in possession of a person out of reach or not subject to the

process of the court.

Iii)where the original is in possession of a person legally bound to produce it, but he

does not produce the same even after notice.

iv)where the existence or contents of the original have been admitted in writing by the

person against whom it is sought to be proved that the original need not to be

summoned and secondary evidence can be allowed.

v)when the original has been destroyed or lost and cannot be produced.

vi)when the original is not easily moveable

vii)when the original is a public document

viii)where the certified copy permitted by the Act.

ix)when the original consists of numerous accounts or huge document.

Q.No.38:- What are the offences in respect of which pardon can be tendered to
an accomplice? Who is authorised to grant such pardon, under what condition
and what is the procedure for doing so.

Ans:- The offences wherein Pardon can be tendered to accomplice have been

detailed in section 306 Cr.P.C. It provides that pardon can be tendered in any offence

punishable with imprisonment which may be extended to 7 years or with more severe

sentence and any offence triable exclusively by the court of Sessions or by the

Special Judge.

The C.J.M. or a Magistrate Ist Class, Sessions Judge or Special Judge

(appointed under act 1952) can grant pardon. A Magistrate exercising powers in

inferior to those a Magistrate Ist Class cannot tendered a pardon.

(ii) Pardon can be tendered with a view to obtaining the evidence of any

person supposed to be directly and indirectly concerned in or privy to an offence

wherein pardon can be granted against the person guilty of the offence. The
procedure laid down in section 337 has often to be resorted to in this States in cased

of organized crime like dacoities when no independent evidence is available to bring

to offences to book.

PROCEDURE: The procedure for every Magistrate who tender the pardon shall

record his reason for doing so, and also whether the tender was or was not accepted

by the person to whom it was made and shall on application made by the accused

furnished by him. A Copy of such record free of cost.

Every person accepting a tender of pardon shall be examined as a witness in the

court of Magistrate taking cognizance of the offence and the subsequent trial and

shall unless he is already on bail, be detained in custody until the determination of

trial.

Whereas a person accepted a tender of pardon and has been examined

the Magistrate taking cognizance of the offence shall commit it for trial. Where the

case is triable i.e. to the court of sessions or if the Magistrate take the cognizance is

the C.J.M. And to the Special Judge. It further provide that in any other case, make

over the case to the C.J.M. Who shall try the case himself.

Q.No.39:- Who has to issue a death warrant after confirmation of death

sentence by the High court.

Ans:- Section 413 and 414 Cr.P.C provide that the Court of Sessions Judge shall

issue death warrant to be carried out into effect.

Q.40:- Can the court of Sessions allow bail in case punishable with death in
any circumstances?

Ans:-Under Section 437 Cr.P.C. Provides that no person shall be released if there

appear reasonable grounds for believing that he has been guilty of an offence

punishable with death or imprisonment for life. In case such person is under the age

of sixteen years or is a women or is sick or infirm can be order to be released on

bail. . The court may however, release a person on bail, if prima facie forms an

opinion that there are reasons to believe that he is not involved in the crime.

=====================================================

Q.41:- Is there any provision of law which prescribes a minimum sentence to be

awarded in case of conviction. If so give some illustrations.

Ans:- IPC classifies the various offences committed by accused Sections 109 to 511
deal with the various offences committed and provide the punishment for the offence

committed by the person. There are certain sections in the Indian Penal Code which

though specifically do not provide the minimum sentence but provide that his

imprisonment may be extended upto such and such period or fine or both. Thre are

also certain sections which says that in cases where offences committed are not

gravious in nature, minimum sentence or fine can be awarded in case of conviction.

For example in a case under 160 IPC punishments for committing affray may be

terms extended upto one month or with fine which may be extended to one hundred

or with both. Where there are such provisions court may sentence of imprisonment till

rising of court or file of Rs.5-10 or both. Otherwise Chapter-III lays down that

sentence authorised by Law may also be awarded.

Q.42: Does any provision of law cast a duty on the court recording
conviction to information the accused that he can file appeal against the order?
If so, what else has the court to tell the accused in such a case.

Ans:- Section 363 (4) Cr.P.C. cast duty on the court recording conviction and passing

sentence to death where an appeal lies from such judgment as of right, the court shall

inform the convict of the period within which he wishes to appeal, his appeal should

be preferred.

In all other cases a copy of judgment is supplied free of cost to the convicts

at the time of passing sentence.

Q.No.43:- Who can record confession of an accused person during the course
of investigation of a criminal case.

Ans:- Section 164 of Cr.P.C. deals with recording of confession. It provides that any

metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction

in the case, record any confession or statement made to him in the course of an

investigation under that chapter or under any other law for the time being in force, or

at any time afterwards before the commencement of the inquiry or trial.

Q.No.44:- What procedural safeguards are provided to an accused person in the

matter of recording a confession under the Code of Criminal Procedure.

Ans:- The procedure or safeguards provided Under Section 164 Cr.P.C. sub

section(2 to 6), are that before recording any such confession, the Magistrate is

required to explain to the person making the confession that (i) he is not bound to

make such a confession and (ii) if he does so it may be used as evidence against
him. The Magistrate shall not record any confession unless, upon questioning the

person making it, the legislature has reason to believe that it is being voluntarily made

and without inducement. (iii) Another safe guard to be observed is that confession

should be recorded in the manner provided in the under section 281 Cr.P.C. For the

recording of the examination of accused persons which provides that every question

put to the accused and every answer given by him shall be recorded in full. The

record shall, if practicable in the language in which the accused gave the confession

or if that is not practicable in the language of the court. The record shall be shown or

read to the accused if he does not understand the language it is written shall be

interpreted to him in a language which he understand and he shall be at liberty to

explain or add to this answers. The confession so recorded shall be signed by the

accused by the accused person making the confession. (iv) The magistrate shall sign

the confession and forwarded to the Magistrate by the whom case is to enquired into

and trial. In case a convict changes his mind and refuses to get the confession

recorded, his detention shall not be given in police custody.

Q.No.45:- In what circumstances and on what grounds can a criminal court

review its judgment.

Ans:- Section 362 Cr.P.C provides down that—save otherwise provided by the

Cr.P.C. or by any other law for the time being in force, no court, when it has signed its

judgment or final order disposing of a case, shall alter or reviews the same except to

correct a clerical or arithmetical error. In Adalat Prashad Vs. State this principal has

been strengthen that no court can recall or review its order.

Q.no.46:- How the amount of court fee in the following suits is computed.

(i) In suits for maintenance and annuities or under sums payable periodically

Ad-valorem on ten times the amount claimed to be payable for one year

ii)In suit for reduction or enhancement of maintenance and annuities or other sums

payable periodically.

Ad-valorem on the ten times the amount sought for one year

iii)For injunction. Rupees 13.00 (Punjab,Rupees 25.00(Haryana)

iv)For Accounts Ad-valorem on amount of relief sought as valued and stated in

plaint/appeal provided that minimum court fee shall be rupees 13/-

 v)For possession of land assessed to land revenue Ad- valorem on ten times of

land revenue payable

vi)Ejectment of tenant on one year rent on the amount of rent of the property

payable for the year next before the date of presenting the plaint.

vii)Against a mortgage for recovery of the property mortgaged According to the

principal amount expressed to be secured by the instrument of mortgage.

Viii)For possession u/s 6 of the specific relief Act- A fee of one half of the amount

of court fee leviable on a suit for a possession as assessed u/s 7 (5) of the Court

Fee Act.

ix) How much court fee is payable on an application for review in case it is

presented before the ninetieth day from the date of the decree. If a review petition

is presented before nineth day of the limitation then half of the court fee as paid on

the Memorandum of appeal shall be leviable.

x)Court fee stamps of what value fee affixed on a copy of decree or order having

the force of decree Rupees 2.65.

xi) for declaration of title with consequential relief of injunction relating to property. As

provided under section 7(iv)(c) of the Court Fee Act advolerum on the value of the

property put minimum of Rs.13/-.

Q.No.47:- State the difference in the procedure of trial between a summons

case and a warrant case ?
1 For the trial two procedures are 1 Only one procedure for the trial is
prescribed:- prescribed:-
a) A case instituted on a police Whether instituted on a police
report; request or on a complaint.
b) A case instituted other than one
or police report.
2 The trial of a warrant case as a 2 The trial of a summon case as a
summon case is an irregularity warrant case on the other hand is
which would initiate the trial of the only on irregularity curable under
accused has been prejudiced but section 465 Cr.P.C.
not otherwise.
3 In a warrant case the framing of a 3 There is no need to frame formal
formal charge is necessary. charge.
4 The accused gets more than one 4 The accused gets only one chance
opportunity to cross examine the to cross-examine the prosecution
prosecution to cross-examine the witnesses.
prosecution witness.
5 No warrant case can be converted 5 Magistrate is empowered to convert
into a summon case. a summon case into a warrant case.
6 The complainant cannot withdraw 6 The complainant may withdraw his
his complaint. complaint with the permission of the
Magistrate.
7 The absence of the complaint may 7 The absence of the complainant
result in the discharge of the may result in the acquittal of the
accused under section 249 accused.
8 The punishment is more than two 8 The punishment is for two years or
years imprisonment. less.

Q.no.48:- What amount of court fee shall be paid on an appeal against an

order rejecting insufficiently stamped plaint and a civil revision against an
interlocutory order?

Ans:i) The court fee on an appeal against an insufficiently stamped plaint leviable

shall be on the difference of court fee paid and the court fee leviable. For example if

on a plaint court fee of rupees 100/- was leviable but only rupees 20/- was paid and

the plaint was rejected being insufficiently stamped. The court fee on appeal shall be

leviable on rupees 80/-(i.e hundred – 20/-).

ii)Civil Revision against interlocutory order rupees 5.25(fixed court fee).

Ques.49: Distinguish between:-

1. Compoundable and non compoundable offences

2. Discharge and acquittal
3. Inquiry and trial

ANS:1)Compoundable and non compoundable offences:- Compoundable

offences have been detailed in section 320 Cr.P.C. These are of two kinds (i)

compoundable without permission of the court. (ii) Compoundable with permission of

this court. Compoundable actually means when the parties i.e. Accused and the

person who received injuries etc. Mentioned in col.3 of the table given under section

320 Cr.P.C. Settle their grievances amicably on getting compensation etc. Or

otherwise.

The offences detailed in Section 320 can be compounded at any time

during the trial. Certain offences given in table-II are the offences which could be

compounded with the permission of the court only. All other offences which have not

been given under Section 320 are not compoundable even with the permission of the

court.

2. Discharge of acquittal:- When a statement under section 173(2) Cr.P.C. Is

presented by the police and on consideration of the same trial court finds that no

accusation is made out against the accused on the basis of investigation, the accused

is discharged. Discharge is ordered prior to framing of charges, whereas if a person is

let off after framing of charges at any stage that is called acquittal. In other words, if a

person is let off in the case after the trial commences on framing of charges that

amounts to acquittal and prior to framing a charges, is discharged.

3.Inquiry and Trial:- Both inquiry and trial are judicial proceedings but they differ in

the following respect:-

i) An inquiry does not necessarily mean an inquiry into an offence for it may as well

relate to matters which are not offence, e.g. Inquiry made in disputes as to

immovable property with regard to possession, public nuisance or for the

maintenance of wives and children. Trial on the other hand, is always of an

offence.

ii) An inquiry in respect of an offence never ends in conviction or acquittal, at the most

it may result in discharge or commitment of the case to sessions. A trial must

invariably end in acquittal or conviction of the accused.

iii) Inquiry as defined in the code does not include a trial but only refers to a judicial

inquiry into the matter by a Magistrate or other court.

Q.50 Every offence shall ordinarily be enquired into and tried by a Court
within the local limits of whose jurisdiction it was committed (Section 177 Code
of Criminal Procedure). Are there any exceptions to the above rule? Discuss.
(2003).

Ans: General Rule:- Section 177 of the code speaks the general rule and says

that “every offence shall ordinarily be inquired into and tried by a court within the local

limits of whose jurisdiction it was committed. “Crime is purely local and depends on

the law of the place in which it is committed and not on the nationality of the person

who commits it.

The well-established principle of criminal law is that the place of offence

determines the venue of an offence committed within the jurisdiction of a court. The

International law also recognizes the same rule and says that every person who is

found within a foreign state to and is punishable by its law.

Section 178 intends to provide for the difficulty that would arise when there

is a conflict between different areas in order to prevent an accused person getting off
entirely because of doubt as to jurisdiction. It lays down that when there is uncertain

in which of several areas an offence was committed or where an offence is committed

partly in one local area and partly in another or where an offence is a continuing one

and continues to be committed in more local areas than one or where it consists of

several acts done in different local areas. It may be inquired into or tried by a court

having jurisdiction over any of such local areas (section 178)

Exceptions:

i) Trial where act is done or consequences ensues:-

Under section 179 when an act is an offence by reason of anything which

has been done and of a consequence which has ensued, the offence may be inquired

into or tried by a court within whose local jurisdiction such thing has been done or

such consequences has ensured.

ii) Place of trial where act is offence by reason of relation to other offence:- According

to section 180, when an act is an offence by reason of its relation to any other act

which is also an offence or which would be an offence if the doer were capable of

committing an offence, the first mentioned offence may be inquired into or tried by

a court within whose local jurisdiction either act was done (section 180)

iii) Place of trial in case of certain offences:- According to section 181:-

(i) Any offence of being a thug, or murder committed by a thug, of dacoity with

murder, of belonging to a gang of dacoities or of escaping from custody may be

inquired into or tried by court within whose local jurisdiction the offence was

committed or the accused person is found.

(ii)Any offence of kidnapping or abduction of a person may be inquired into or tried by

a court within whose local jurisdiction the person was kidnapped or abducted or

was conveyed or concealed or detained.

(iii)Any offence of theft, extortion, or robbery may be inquired into or tried by a court

within whose local jurisdiction the offence was committed or the stolen property

which is the subject of the offence was possessed by any person committing it or

by any person who received or retain such property knowing or having reason to

believe it to be stolen property.

(iv)Any offence of criminal misappropriation or of criminal breach of trust may be

 inquired into or tried by a court within whose local jurisdiction the offence was

committed or any part of the property which is the subject of the offence was

received or retained or was required to be returned or accounted for, by the

accused person.

(v)Any offence which includes the possession of stolen property may be inquired into

or tried by a court within whose local jurisdiction the offence was committed or the

stolen property was possessed by any person who received or retained it knowing

or having reason to believe it to be stolen property.

Q.No.51:- State the procedure for grant of bail to a person apprehending arrest?
Section 438.

Ans:- Bail to a person apprehending arrest:- For granting bail to a person

apprehending arrest section 438 requires only two conditions which must exist.

Firstly, the person has reason to believe that he may be arrested and secondly there

must be an accusation of having committed a non bailable offence, he may apply to

the High Court or the court of Session for a direction under section 438 of the Code of

Criminal Procedure and that court may, if it thinks fit, direct that in the case of such

arrest, he shall be released on bail.

When the High Court or the court of Session makes a direction under sub

section(1) of Section 438 Criminal Procedure Code, it may include such conditions in

such directions in the light of the facts of in such directions in the light of the facts of

the particular case, as it may think fit, including:-

i) a condition that the person shall make himself available for interrogation by

a police officer as and when required.

ii) a condition that the person shall not, directly or indirectly, make an

inducement, threat, or promise to any person acquainted with the facts of the case so

as to dissuade him from disc loading such facts to the court or to any police officer.

Iii) a condition that the person shall not leave India without the previous

permission of the court.

iv) Such other condition as may be imposed under sub section (3)of section

437 of the Code of Criminal procedure, as if the bail were granted under section 437

of the Code of Criminal Procedure.

Q:-52. State the Special powers of High Court or court of Session regarding
bail?

Ans:- Section 439 provides that a High court or court of session may direct:- (a)that

any person accused of an offence and in custody be released on bail, and if the

offence is of the nature specified in sub section (3)of section 437 of the Code of

Criminal Procedure, may improve any condition which it considers necessary for the

purposes mentioned in sub section (3)of section 437,criminal procedure code. (b) that

any condition imposed by a Magistrate when releasing any person on bail be set

aside or modified.

Provided that the High court or the court of Sessions shall before granting

bail to a person who is accused of an offence which is triable exclusively by the court

of Session or which, though not so triable, is punishable with imprisonment for life,

give notice of the application for bail to the public prosecutor unless it is, for reasons

to be recorded in writing, of opinion that it is not practicable to give such notice.

A High court or court of Session may direct that any person who has been

released on bail under chapter XXXII of the Code of Criminal Procedure be arrested

and commit him to custody.

Q:53 What are the main causes of delay in disposal of civil cases. What
steps have been taken by the latest amendments (Act, 2002 & 1999) in Code of
C.P.C. For speedy disposal of the Civil Suits? OR discuss the comparative
changes introduced by the latest amendment (Acts of 2002& 1999 in CPC with
reference to a service of summons (b) recording of pleadings and (d)
adjournments.

Ans:- The main changes introduced by the CPC (Amendment)Act,2002 may be

summed up under the following heads :-

i)Service of summons through fax message etc. :- The summons m ay now be

served on the concerned parties through the message or electronic mail service or

courier service(new order V ,Rule9). Plaintiff himself allowed to serve the summons:-

On the application of the plaintiff the court may permit him to serve the summons

personally.(New order V, Rule 9-A).

ii)Allowing amendment of pleadings :- No longer to be a general Rule:-Under the

Code of 1908 grant of amendment had become the rule and its refusal only an

exception. But now the proviso inserted by the Act of 2002 in order VI,Rule 17 has
made the grant of amendment some what difficult. It lays down that no application for

amendment shall be allowed after the trial has started, unless the court comes to the

conclusion that inspite of due diligence, the party could not have raised the matter

before the commencement of trial.

ix)Time limit for filing written statement:- Under the 1908 code the defendant could

file his written statement at or before the first hearing or within the time allowed by the

court. But now by virtue of the 2002 amendment the defendant must file the same

within 30 days from the date of service of summons on him. However, in exception

circumstances the court may extend the said time limit, but such extension, too,

cannot be more than 90 days.

x)Recording of evidence:- In every case, the examination- in-chief of a witness shall

be on affidavit and copies of such affidavits shall be supplied to the opposite party by

the party who calls him for evidence.

It has also been specified that where documents are filed and the parties

rely upon their truth, the proof and admissibility of such documents which are filed

alongwith affidavit shall be subject to the orders of the court.(Order XVIII, new Rule

(4), sub rule 4(6).

Previously there was no time limit given by the court for written statement

etc. The defendants used to avail frequent adjournments but now by way of

amendment of 2002, the same has been restricted and written statement has to be

filed within 30 days and lateron 90 days in any case. No adjournment on any other

cause ordinarily has been restricted. It has been provided that no adjournment more

than 15 days has to be granted.

Q.54:- What record is required to be maintained by a court holding a summary

trial in :-(i) appealable cases(ii)non appealable cases.

Ans:- The record to be maintained in summary trial, appealable cases has been

provided in Section 263 Cr.P.C,Provides that the criminal register No.17 which also

prescribed by High Court Rules and orders Vol-V shall be maintained. In this register,

the Magistrate shall enter the following particulars:-

i)The serial number of the case

ii)The date of the Commission of the offence

iii)The date of the report or the complaint

iv)The name of the complainant(if any)

v)The name, parentage and residence of the accused.

vi)The offence complained of and the offence( if any)proved,and in cases coming

under clause(ii),clause(iii)Clause (iv) of sub section(1)if section 260, if the value of the

property in respect of which the offence has been committed.

V ii)The plea of the accused and his examination(if any)

viii)the finding

ix)the sentence or other final order

x)the date on which proceedings terminated.

Non-appealable cases: Only the substance of the sentence awarded in case the

person is guilty recorded in the register. The full judgment containing reason for

conviction and sentence are not required to be recorded whereas the appealable

cases tried some early in which the accused does not plead guilty. The Magistrate

shall record the substances of the evidence and judgment containing a brief

statement of the reasons for finding.

Q:55. What procedural safeguards a Judicial Magistrate is required to

take while recording during declaration.

Ans:- Provided in High Court Rules & order Vol.I, the safeguards which

Magistrate is required to take are that (i) a certificate from the doctor attending to the

person dying shall be obtained, that he/she is fit to give statement. (ii) The statement

ordinary shall be recorded in question and answers from and also in the language the

declarant knows and (iii) it should signed or thumb marked of by the declarant. The

statement shall be attested by the Magistrate and also counter signed by the doctor at

the time of recording the statement. No body other than declarant shall remain

present at the site of the record statements. Hon'ble Apex Court in certain cases have

held that if the statement is not in question and answer forms or in the language other

than the declarant knows, should not be discarded ordinarily if the same was read

over and made to understand the declarant in the language he/she knows.

Q:56. What are the requirements of demarcation of land as per the High
Court Rules.

1. That the demarcation shall be made in the presence of the parties after

giving them due notice of time when the demarcation has to take place.
2. The demarcation shall be made from the pucca points.

3. As far as possible and possession of the party on the land being demarcated shall

be kept intact.

Q:57. What do you understand by the term `CIVIL WRIT PETITION' What are
the essential contents of the C.W.P.

Ans: The High Court has been empowered under Article 226 of the constitution

of India to issue writs to the various quasi judicial authorities Govt. Or the statutory

bodies falling with the definition of the state under Article 12 of the Constitution of

India in the following nature:-

1.Writ of Habeas corpus :- This writ petition is also called criminal writ petition which

directs the respondents to produce the person in allegedly illegal before the court

dead or alive.

2.Writ of Mandamus:- This writ is issued by the court to a statutory body to perform

the function/duty which it is legally bound to perform. In this regard it is mandatory

that the person claiming this writ petition has raised demand for that act.

3.Writ of certiorari:- Where the quasi judicial authorities or the state has passed

orders which are not legally sustainable the court by issue this writ for quashing the

same.

4.Writ of prohibition”:- This writ is issued to quasi judicial authorities

prohibiting/abstaining from exercising particular jurisdiction or commit a particular act.

5.Writ of quo warranto:- This writ is issued against an office occupied by a person

who is not legally entitled to occupy the same. This writ can be filed by any person

claiming that the person so appointed to a particular public office is not legally entitled

to hold the same.

Q:-58. Whether an Hon ble Judge taking suo motu cognizance of a matter
on the basis of a news paper report, can proceed to hear and
decide the same.

Ans: If a Hon ble Judge takes suo motu cognizance of a matter the same is

placed before Hon ble the Chief Justice for appropriate order in that regards. Such

matter after obtaining the orders of Hon’ble Chief Justice are listed direction or as per

Roster in existence at the relevant time.

Q No.59 : What documents have to be forwarded by the Sessions Judge to

the High Court while making a murder reference ? For confirmation
of death sentence.
Ans:- The following documents are required to be forwarded

1)Opening sheet of Sessions Record.

2)Notes and orders of the Sessions Judge

3)Charge sheet framed by the Sessions Judge

4)Plea of the accused

5)Report of the Chemical Examiner and the Serologist if any

6)First Information Report

7)Inquest report

8)Material documentary evidence if anything

9)Record of evidence in the court of Sessions

10)Statements and confessions recorded u/s 164 Cr.P.C

11)Examination of the accused in Sessions court u/s 313 Cr.P.C

12)Judgment of Sessions Judge

13)Petition of appeal

14)Four copies of English,Punjabi record duly translated.

Q.No.60:-What are the limitations on the powers of the High Court while
entertaining
a)a second appeal (b)a revision

Ans:- a) Section 100 CPC provides that the same can be entertained against the

decree passed by the subordinate court, if the same involves a substantial question of

law.

b) Section 115 provides the limitation on the power of High court while entertaining

the civil revision are that High court has to satisfied itself:

a)whether the court who passed the impugned order have exercised the jurisdiction,

not vested in it by law or

b)to have failed to exercise a jurisdiction so vested or

c)to have acted in the exercise of its jurisdiction illegally or with material irregularity.

The High court may make such order in the case as it thinks fit. A further limitation by

way of amended Act 2002 has been laid down that the High court shall not vary or

reversed any order made, or any order deciding an issue, in course of a suit or other

proceedings except where the order if it had been in favour of the party applying for

revision, would have finally disposed of the suit or any proceedings. Another limitation
is that High court shall not vary or reverse any decree order against which an appeal

lie to the High court or any other court and mere filing of revision shall not operate as

stay proceeding.

Q:No.61:-What would you do the following cases:-

i)When an appeal has been filed beyond limitation
ii)When the copy of the decree appeared from is insufficiently stamped?
(iii)When the appeal has been filed without documents required by law to be
filed alongwith the memorandum of appeal?
Ans:- i)In case an appeal is filed beyond the period of limitation the same shall be
returned to the concerned party/counsel for its refiling alongwith an application under
section 5 of the limitation Act for condoning the delay if so desired.

ii)If the decree appealed from is insufficiently stamped the appeal shall be returned to

party/counsel for making up the deficiency. In case the limitation prescribed for filing

such appeal against that decree has already expired then the party concerned shall

be required to move an application u/s 149 CPC for enlargement of time for payment

of court fee as provided by section 4 & 28 of court fee Act 1870 because no

document requiring proper fee can be entertained. However it is submitted that by

virtue of amendment Act 2002 in order 41 Rule decree is not required to be filed.

iii)When an appeal has been filed without the document required by law to be filed

alongwith memorandum of appeal, the same shall not be entertained. The procedure

in such cases is that Registrar Judicial may return it for re filing within a period not

exceeding 10 days at a time and 40 days in aggregate, to be fixed by him, calling

upon the counsel/party to attach documents required by order XLI, Rule I of CPC with

the memorandum of appeal. If the documents are such like impugned judgments etc.

and are filed after the period of limitation then the same shall be accepted with an

application for condoning the delay occurred on that account.

Q:-62. In what cases the court order refund of court fee?

Ans:- Section 13 of the court fee Act, 1870 provides for Refund of fee paid on

memorandum of appeal. It lays down that in an appeal or plaint which has been

rejected by the lower court on any of the grounds mentioned in the Code of Civil

Procedure is ordered to be received or if a suit is remanded in appeal, on any of the

grounds mentioned in order 41 Rule 23 CPC, for a second decision by the lower

court, the appellate court shall refund the court fee by granting to the appellant a

certificate authorizing him to receive back from the collector the full amount of the fee

paid on the memorandum of appeal.

 If in the case of remand in appeal the order of remand shall not cover the

whole of the subject matter of the suit, the refund so granted shall not authorize the

appellant to receive back more than so much fee as would have been originally

payable on the part or parts of such subject matter in respect whereof the suit has

been remanded. The refund shall be granted if the decree is quashed against all the

respondents otherwise this court fee should not be refunded.

Examples where court fee may be refunded:-

1) where a suit is dismissed on the ground that a document on which reliance

was placed is inadmissible, a certificate under this section should be granted as the

suit is remanded under 41 rule 23 CPC.

2) Where a suit for ejectment and recovery of rent is dismissed on the ground

of inadmissibility of lease deed for want of registration and the case as remanded on

ground of the lower court.

3. A refund is admissible when a plaint is rejected on the ground of deficient

court fee.

4. The court has inherent powers to direct refund of excess court fee paid

under compulsion or under bonafide erroneous impression if the cause of justice so

demands.

But the refund should not be made in all cases of mistake under inherent

powers of the court.

5. The claim made in the plaint was under valued to bring to within the

jurisdiction of a certain court which returned the plaint for proper valuation. An appeal

against this order of return was dismissed but the appellate court added that the plaint

could be presented again after deleting the prayer forth recovery of a building and

thus bringing it within the jurisdiction of the original trial court.

6. However, the issue of certificate under section 151 has no mandatory force

for the refund of court fee since this section is silent.

7. A remand of a case to a lower court appellate court under order 41 Rule 23

CPC will entitle the appellant to a refund because the term suit in this section is used

in a very vide sense including appeals as well.

A refund may be granted even where a remand is made in the course of an

appeal against only some of the defendants.

A proportionate refund may be granted in case of a partial remand.

8. Where there was doubt regarding the nature of the appeal and advolerum

fee paid to be on the same side and lateron there was a decision of the High Court

that such kind of appeals could be filed on permanent or fixed court fee, it was held

that the High Court direct the refund of extra fee paid by the appellant.

9. Court fee paid on cross-examination under bonafide mistake is refundable

in exercise of inherent powers of court.

Q.63. What is an acknowledgment in a given case of debt secured against

bond? What is its effect on the extension of limitation?

Ans: Section 18 of the Limitation Act effect of acknowledge in writing:-

1) Where, before the expiration of the prescribed period for a suit or application in

respect of any property or right, an acknowledgement of liability in respect of such

property or right has been made in writing signed by the party against whom such

property or right is claimed, or by any person through whom he derives his title or

liability is called acknowledge. The effect of such acknowledge on limitation is that a

fresh period of limitation shall be computed from the time when the

acknowledgment was so signed.

Q.64. What court fee is to be paid on a review application in a first appeal

from order filed under the MACT.

Ans: Review : 2.65 Appeal MACT: 5.25

Q:65. Arrangement of Civil Revision shall be:

Ans: i)Admitting order;

ii) Index (Misc. Application alongwith affidavit to be kept in part-II as per latest

amendment made by the Committee of Judges in year 2005.

iii) Grounds of revision on prescribed of opening sheet.

iv) Memo of parties.

v) Trial court order where necessary;

vi) Copy of lower court order where necessary;

vii)Additional document if any;

Q:66. How to amount of court fee in the following suit is computed:-

iv) In suits for maintenance and Advolerum on ten times the amount
amenities of other sums payable claimed to be payable for one year.
periodically.
ii) In suit for reduction or enhancement Advolerum on the ten times the
of maintenance and annuities or amount sought for one year.
other sums payable periodically.
Iii) For injunction Rs.13/- (Punjab)
Rs.25/- (Haryana)
iv) For Accounts Advolerum on amount of relief sought
as valued and stated in plaint/appeal
provided that minimum court fee shall
be Rs.13/-.
v) For possession of land assessed to Advalorem on ten times of land
land revenue. revenue payable.
vi) Ejectment of tenant. Rs.13/- under the Act, (Pb.)
Rs.25/- in Haryana.
Vii) Against a mortgagee for recovery of According to the principal amount
the property mortgaged. expressed to be secured by the
installment of mortgage.
Viii) For possession u/s 6 of the specific 10 times of the land revenue.
relief ACT.
ix) How much court fee is payable on Rs.5.25
an application for review in case it is
presented before the ninetieth day
from the date of the decree.
x) Court fee stamps of what value are Rs.2.65
affixed on a copy of decree or order
having the force of decree.
xi) For declaration of title with Rs.19.50
consequential relief of injunction
relating to property.

Q:-67. Whether an instrument chargeable with duty but not duly stamped
can be admitted into evidence, If so, under what circumstances?

Ans:- All documents which required to be stamped are inadmissible in evidence,

if those are not stamped. However, a document can be admitted into evidence even if

it is insufficiently stamped documents, if a party is prepared to pay the penalty.

However, such document can be entertained in evidence for collateral purposes.

Q:-68. Where an instrument has been admitted into evidence, whether

such admission can be called in question at the time of arguments
or in appeal before the Appellate court,on the ground that the
instrument could not be taken into consideration as it was not duly
stamped.

Ans: Once such a document is admitted and received as evidence without any

objection, any objection regarding the sufficiency of the value of the stamp cannot be

raised at a later stage. This view is clearly expressed in the decision of the Supreme

Court in Javeer Chand Vs Pukhraj Surana, AIR 1961, SC-1655.

Q:-69. If an instrument chargeable with duty has been executed out of
India, can it be stamped after it has been received in India. If so,
within what period ?

Ans:- Section 26 of the Indian Registration Act deals with registration of such

documents. It provides that a document purported to have been executed by all or

any of the parties out of India, if not presented for registration till the expiry of the time

herein before prescribed in that behalf, the Registering Officer if satisfied:-

a) that the instrument was so executed and;

b) that it has been presented for registration within four months after its arrival

in India.

may, on payment of the proper registration fee within four months after registration,

order for the purpose. The limitation period provided for registration for such

documents is the same as is provided to the documents executed in India i.e. within

the four months from arrival in India. So far as the will is concerned that may be

presented any time in view of Section 27 of the Act.

Q:70. Define Instrument of partition.

According to Section 2 clause 15 means any instrument whereby co-

owners of any property divide or agree to divide such property in severally, and

includes also a final order for effecting a partition passed by the revenue authority or

any civil court and awarded by an Arbitrator directing a partition.

Q:-71. Cheque

Ans:- According to Negotiable instrument Act, a cheque is a bill of exchange drawn

on a specified banker and not expressed to be payable otherwise that on demand,

The cheque a bill of exchange with two distinctive features :-

i)It is always drawn on some bank; i.e the drawers in case of cheque is always a

bank;

ii)A cheque is always payable on demand. A bill of exchange payable on demand. A

bill of exchange other than a cheque may be either payable on demand or may not be

payable on demand.

Q:-72. Bond-Section 2 Clause 5 of Stamp Act.

Ans:- Bonds includes any instrument whereby a person obliges himself to pay

money to another, on condition that the obligation shall be void if a specified act is
performed, or is not performed as the case may be;

Q:-73. What is effect of document not duly stamped?

Ans:- If instrument is not duly stamped the same is not valid, such a document is

only subject to the disabilities mentioned in this section, namely, that the document

cannot be admitted in evidence or registered or authenticated or acted upon by any

public officer. Where a document is not sufficiently stamped it cannot be admitted, in

evidence to the extent of the subject matter as to which the stamp duty paid is

sufficient, and rejected as to the rest. The document/

instrument cannot be admitted or rejected only as a whole.

Q:- 74. Do the following documents require any stamp. Comment?

Ans: Memorandum of partition yes rupees 15/-

ii) Cheque No

iii) Bond Yes,15/-

iv) Receipt Yes, rupees 1/- above rupees 500/-

v) Agreement to sell immovable property Yes, rupees 2.25

Promissory Note:- means a promissory note as defined by the Negotiable

instrument Act 1889. It also indicates a note promissory the payment of any sum of

money out of any particular fund which may or may not be available or upon any

condition or contingency which may or may not be performed or happen.

Receipt:- indicates any note, memorandum or writing (a) whereby any money, or any

bill of exchange, cheque, or promissory note is acknowledged to have been reviewed

or (b) whereby any other movable property is acknowledged to have been received in

satisfaction of a debt or

(c) whereby any debt or demand or any part of a debt or demand is acknowledged to

have been satisfied or discharged or

(d) which signatures or imparts any such acknowledgment and whether the same is

or is not signed with the name of any person.

Q:-75. Why are the court fees stamps on plaints and other petitions punched.

Ans:The purpose for cancellation of stamps on plaints and other petitions by punching

those to avoid their reuse.

Section 30 of the court fee Act provides that no document shall be filed in any court or

office until the stamp has been cancelled. The officer appointed from time to time by

the court shall, on receiving any such document, forthwith effect such cancellation by

punching out the figure head so as to leave the amount designed on the stamp

untouched, and the part removed by punching shall be burnt or otherwise destroyed.

Q:77:- Is an appeal or revision liable to be dismissed for payment of

deficient court fee ?

Ans:- In case memorandum of any appeal or revision is found to be insufficiently

stamped by the Court, then appellant or petitioner is granted time to make up

deficiency in the court fee within a specified period and in case he fails to do so the

court may dismiss such appeal or revision.

Q.80:- Can document chargeable to the court fee filed exhibited to be

received in the High Court.

Ans:- Section 4 of the court fee act 1877 clearly lays down that no document

chargeable with the court fee shall be filed, exhibited or recorded in or shall be

received in any or furnished case before the High Court in the exercise of his

extraordinary civil and criminal or appellate or revisional jurisdiction. Court fee shall

leviable on document on given schedules attached in the Act.

Q.81:- For what purposes and subject to what restriction can i)police diaries
ii) statements made by witness as during police investigation be used in the
course of the criminal trial.

Ans:- Diary of proceedings in investigation:- Section 172 Cr.P.C provides that

every police officer making an investigation shall day by day enter his proceedings in

the investigation in a diary, setting path the time at which the information reached him,

the time at which he began and closed his investigation, the place or places visited by

him and a statement of circumstances as curtained through his investigation.

Any criminal court may send for the police diaries of a case under inquiry or

trial in such court and may use such diaries not as evidence in the case but to aid in

such inquiry or trial. The criminal courts in other words should avail assistance of such

diaries for the purpose of discovering the services of inquiry, suggesting the names of

persons who may be in position to give material evidence.

Restrictions:- Not to be shown to accused or his agents. Pleader nor they are

entitled to call for such diaries. If however, they are used by police officer to refresh
his memory or they are used by the court for the purpose of statement of such police

officer, the provision under section 141 or 145 of Indian Evidence Act 1872 shall

apply.

The statement given to police officer can be used for the purpose of contradiction to

PW but cannot be used for the cross examination.

Q:82.:- State whether a revision petition lies to the High court against
interlocutory order of subordinate criminal court, in any appeal
inquiry or other proceedings.

Ans: The powers of revision conferred by sub section (i)of section 397 Cr.P.C

shall not be exercised in relation to any interlocutory order passed in an appeal,

inquiry or other proceedings (S.397(2) Cr.,P.C).

Q:83:- When in what circumstances a persons right to get light and air for his
building from the property of another person shall become absolution and
indefeasible?

Ans: This right becomes absolute and indefeasible if the persons enjoys that right

continuously for a period of twenty years without any interruption in case of private

property and thirty years in case of Govt. Property.

Q:-84. In what cases is denovo trial necessary or not necessary on the

transfer of a criminal case ?

Ans: Denovo trial means a fresh trial. It is not trial means a fresh trial. It is not

necessary that in every case on transfer requires denovo trial only in cases where it is

proved to the superior court passing orders of transfer of case. It is proved that entire

proceedings till the date of transfer have been taken out by the trial court in a biased

manner, detrimental to the rights of defence of the person, the denovo trial can be

ordered.

Q.85 What is interpleader suit?Section 88 order XXXV

Ans: Section 88 of CPC provides that an interpleader suit is one in which the

real dispute is between the defendants only and the plaintiff is not really interested in

the matter. The defendants interplead i.e. plead against each other instead of

pleading against the plaintiff as in the ordinary suit. The defendants interplead as to

their claims to the debt or property over which the plaintiff has no interest and which

he is ready to pay or deliver to the rightful claimant.

Order XXXV rule I:- In every interpleader suit, the plaintiff shall, in addition to other

statements necessary for plaints state:-

a)that the plaintiff claims no interest in the subject matter in dispute other than for

charges or costs.

b)the claims made by the defendants severally and

c)that there is no collusion between the plaintiff and any of the defendants.

Q.86 What is a representative suit and what does it be.

Ans: Order 1 rule 8 of CPC provides as under:-

where there are numerous persons having the same interest in one suit:

a)one or more of such persons may, with the permission of the court, sue or be sued,

or may defend suit on behalf of, or for the benefit of, all persons so interested.

b)the court may direct that one or more of such persons may sue or be sued, or may

defend such suit, on behalf of, or for the benefit of, all persons so interested.

Q.87 What is the procedure prescribed when there is a difference of

opinion between the suitor and the officer of the High Court deputed to see
whether proper court fee has been paid.

Ans: In dealing with this question reference may be made to section 5 of the

court fee Act 1870 which inter alia provides that when any differences between the

officer of the High court and the suitor to certain as to whether proper court fee has

been paid, the question shall be referred to the Taxing Officer, whose decision

thereon shall be final. However, when the question, in his opinion, is one of general

importance, the Taxing Officer shall refer it to the final decision of the Hon ble the

Chief Justice or such Judge as the Hon ble Chief Justice shall appoint either by

general or special order in this behalf. The Hon ble Chief Justice shall declare who

shall be the Taxing Officer in such like cases. The Registrar of this court has been

declared to be the Taxing officer within the meaning of the section 5 of the court fee

Act by the Hon ble Chief Justice as mentioned in rule 12, chapter 1-A of the High

Court Rules order.

Q.88:- In what circumstances can a writ petition be laid for motion hearing
before a single judge.?

Ans. It is laid down in rule 3,chapter 3B of high court rules and orders Volume V that a

single judge while sitting in vacation or vacation judge may hear a writ petition while

sitting singly. There may also be some special circumstances under which the chief

justice may be special order allow any writ petition to be heard by a single judge,

although the law requires that the same be heard by a D.B. (2)Murder Reference:-
Murder reference has been laid down in Chapter 4-D of HCRO Vol-V,Rule in this

chapter relates to the contents of this record. (3)Inspection of Records:- There are no

specific rules contained in Chapter V,Part A, of HCRO, Vol-V,which deals with the

inspection of Records. However Rule 2 of the said chapter provides that the

inspection of a record will not be permitted on the date fixed for hearing without the

special order of the Judge or one of the Judges before whom the case is pending.

8)An Hon ble Judge while sitting alone ordinarily hears and decides various

categories of cases as mentioned in Chapter III-B, of the HCRO, Vol-V.

10(a)Roster:- In this regard reference is made to Rule 2,Chapter III-A,of HCRO,Vol-V.

11)Documents are required in (i)RSA & CR-Rule 2-B,HCRO,Vol-V,(ii)Petition for

Revision admitted before DB-Chapter 1A of HCRO,Vol-V. (iii) Petition for revision of

acquittal- Rule 2 of HCRO Vol-V ,(iv)RFA-Procedure regarding preparation of paper

book in the RFA is contained in chapter 11-A of HCRO,Vol-V.

12)ii)Document to be accompained transfer application in criminal case according to

HCRO,Vol-V,Chapter 1-A provide.

14)Service of summons shall be deemed to be good serv ice mentioned under order

5 Rule 19-A of CPC

15)Facts be proved by affidavit under order 19 Rule 1 and 2 CPC

16)The contents of a decree under order 41 Rule 35 CPC

17)Circumstanc es and on the grouns civil court can rev iew its judgment under order

47 Rule 5 CPC

18)who c an hear the review application order 47 Rule 5 CPC

19)Can a decree be passed against a defendant who dies during the pendency of a

suit order 22 rule 6 CPC

20)Documents produced in a suit and placed on record returned- Order 13 Rule 9

CPC(Document is impounded under Rule 8 order 13 CPC)

21)Endorsement is made on a documents

admitted in evidence in a suit – Order 13 Rule 4 CPC

22)Order 13 Rule 6 CPC Endorsement on documents rejected as inadmissible in

evidence.

23)Such a person can lodge a caveat as required section 148A

24)Under order 29,Rule 2 provides upon mode of service upon corporation.

25)Procedure for service on soldiers serving in Army is provided under order 5 Rule

28 CPC

29)Chapter I-B of the HCRO,Vol-V deals with pauper appeal. Order 33 of CPC also

provides that a pauper appeal.

30)Section 2(2) of CPC provides what are decree

31)Compel the attendance of a witness in a civil case as well as criminal case :-

Order 16 Rule 10 to 12 CPC deals with the attendance of a witness.

33)Difference :: Order section 2(14)CPC,Decree se ction 2(2) and judgment section

2(9)CPC

35)Resjudicata is defined under section 11 of CPC

36)The grounds for setting aside ex-parte decree as contemplated under order 9 Rule

13 CPC.

37)Circumstances in which secondary evidence can be accepted by a court – Section

63 of the Evidence Act.

38)The offences wherein pardon can be tendered to accomplice have been detailed

in section 306 Cr.P.C.

39)Section 413 and 414 provide that Court of Session Judge shall issue death

warrant.

40)Section 437 Cr.P.C. Provides that no person shall be released.

41)Sections 209 to 511 deal with the various offences committed and provide the

punishment for the offence committed by the person.

42)Section 363(4) Cr.P.C. Cast duty on the court recording conviction and passing

sentence to death where an appeal lies from such judgment as of right.

43)Section 164 of Cr.P.C. deals with recording of confession.

44)The procedure or safeguards provided Under Section 164 Cr.P.C. sub section(2

to 6), are that before recording any such confession.

45)Section 362 Cr.P.C provides that no court, when it has signed its judgment or final

order has been made, shall change or reviews the same except to correct a clerical

or arithmetical error.