Dl-54699/08 Dated 25-7-2012

Sub.: Issuing certified copy of documents bearing non judicial stamp insistence on non judicial stamp apart from court fees stamp clarification issued-reg.

It has been brought to the notice of the High Court that while issuing certified copies of records which bear non judicial stamp, some of the subordinate courts are insisting-on non judicial stamp worth rupees twenty under Article 23 of the Kerala Stamp Act, 1959 along with the required court fee stamp. It is noticed  that there is no uniformity in the procedure adopted by various courts. Hence, it is hereby clarified that non judicial stamp shall not be insisted for issuing certified  copy of records which bear non judicial stamp. Court fees stamp, in accordance with the existing rules, shall alone be insisted while issuing certified copy' of such documents.

(By Order) 

S. Jagadees

Registrar (Subordinate Judiciary). 

D1-50362/79., Cochin-682011, dated, 24th January 1980. 

It has come to the notice of the High Court that the appendices to Judgments and Orders of the Subordinate Courts are being prepared in too casual a manner. There have been instances where the Appendix is noted as 'Nil' while references occur in the Judgment/Order to the Exhibits, etc. 

The attention of all Subordinate Courts is invited to the imperative necessity of bestowing prompt attention to the preparation of Judgments and Orders with proper appendices thereto.

(By order) 

C. J. ABRAHAM, Registrar.

D2-26840/78, Cochin-682 011, dated, 12th June 1979.

An instance has come to the notice of the High Court where a person who was a party to a proceeding pending before a Judicial Officer, went to the residence of the latter in order to get an adjournment of the case. This is something which has necessarily to be avoided.

The Judicial Officers are informed that under no circumstance should parties to proceedings pending before them be allowed to make representations at their residences.

(By order)

C. J. ABRAHAM, Registrar.

Dl-16216/78., Cochin-682011, dated 5th July 1978

Sub.-Service of summons and notices on M.L.As.-Directions issued.

Ref.-I. Appendix XV of the Civil Rules of Practice, Kerala(Government letter No. 55806/C5/69/Home, dated 29th May 1 97o-Instructions relating to arrest, detention and release of M. L. As.)

2. Circular Nos. 4/72 and 10/77 issued from the High Court.

An instance has been brought to the notice of High Court wherein a Summons issued for service on an M. L. A. was signed by the Central Nazir of the Court and was sent directly to the Speaker in violation of the instructions issued in the matter.

The Subordinate Courts are directed to see that specific Order of the Presiding Officer is taken when a formal process is to be issued to an M. L. A. and that the rules regarding the issue of such processes are strictly observed.

(By order)

K. B. MENON, Registrar.

Dl-19937/75., Cochin-682011, dated, 11th March 1977.

During the inspection of some of the subordinate courts it has been noticed by the High Court that in some cases instead of copying stamp papers, white foolscap papers with 25 p. adhesive stamps affixed thereto are produced. But. the stamps affixed on the papers are not cancelled by punching out the insignia, when the copies are issued. If the stamps are not punched there is the likelihood of stamps being misused later. In the circumstances the High Court hereby 9irects that in cases where foolscap papers affixing 25 p. adhesive stamps are produced, the Examiner should cancel the stamps at the time of certifying the copy to a true copy.

(By order)

K. B. MENON, Registrar.

                             C5-26736/74, Dated, 22nd October 1974.

Sub.-Courts-Civil and Criminal-Practice to be followed for providing night watch duty-Further instructions issued.

Ref.-High Court Circular No. 12/74 dated 6th July 1974.

In partial modification of the circular cited, the following instructions are also issued with the regard to the posting of Process Server/Peon for night watch duty.

(I) Separate duty arrangements will be made in Civil and Criminal Courts housed in civil lines or other buildings even though there is police guard or other regular watch- man for night guard duty.

(2) The District Judges and Chief Judicial Magistrates are at liberty to post more than one Process Server/Peon for night watch duty in buildings or premises where several courts are situated, if the circumstances so require.

(3) The following will be the duties and responsibilities of the person posted for night watch duty-

. (i) to attend watch and ward duty from 5 p.m. the previous day till 10 a.m. the next day.

(ii) to watch over court buildings, properties and premises so as to ensure the safety of the records, thondy articles and other accessories kept in the court houses and premises •.

(iii) to receive urgent communications and telegrams if any, during their duty hours.

(iv) to guard against the commission of theft or other mischief within the court premises or in the buildings and to report to the presiding officers in case of emergency at night.

(v) to attend phone call~ if any, if so directed, and to attend - any other duties entrusted by the presiding officers for the proper night guard duty.

R. No. 2/74, Dated, 13th February 1974.

It has been noticed that copies of appeal memoranda, petitions and other documents filed along with Appeals, Writ Petitions etc., are often illegible and in many cases not even readable.

This results in much inconvenience to the Honourable Judges and the counsel appearing for the opposite parties. Rules 35 (I) and 41 of the rules of the High Court require that all petitions, affidavits, memoranda of appeals and other proceeding and copies thereof shall be written, typed or printed legibly and clearly. Rule 50 of the slid rule directs that all illegible papers presented to the High Court shall be returned. In spite of these provisions, Advocates and parties are very often seen presenting in the High Court Office originals and copies of proceedings which are illegible or not readable, The Court Fee Section is receiving them; and the concerned sections are retaining them in the sections and sending them to the Honourable Judges at the time of hearing. The Court Fee Section is not merely to verify the correctness of the court fees payable in the proceeding presented in that section. That section shall also see that papers presented there satisfy the requirements of the above rules. Papers which do not satisfy such requirements shall invariably be returned for curing defects. Any omission:1 in this regard will be viewed seriously in future.

The concerned sections on the judicial side will also verify whether the papers received directly by the section or sent to them from the Court fee Section are in order. When any of the papers received are defective, the sections will bring them to the notice of the Assistant Registrar for necessary action immediately. The defects shall in any case be got cured before the matters are posted before the Honourable Judges for final hearing.

The attention of Advocates also is invited to the above provisions.

They shall present papers in the Court Fee Section strictly in conformity with the rules. They are informed that papers which are defective will invariably have to be returned.

No. Dl-8654/63, dated 20th June 1964 

An instance has come to the notice of the High Court where an amin of a Munsiff's Court, who had been summoned as a witness in a criminal court, was orally directed by the criminal court to attend the court on an adjourned date. Neither a bond was taken nor fresh summons issued. The Munsiff declined to release the amin from his duties to attend the criminal court on the adjourned date on the ground that no written directions have been issued by the criminal court. The amin could not therefore attend the criminal court, which thereupon issued a warrant for arrest. 

The High Court considers that under the circumstances of the case the criminal court need not have issued a warrant for arrest and that in the case of Government servants it is desirable that fresh summons  issued. 

No. Dl-7426/64, dated 28th February 1964

Several instances have come to the notice of the High Court where the names of all the advocates and pleaders who appeared for the parties are not shown in the judgments and decrees. The High Court hereby directs that the names of all the advocates and pleaders who appeared for the parties should be specified in the judgments and decrees, that great care should be exercised in the matter and omissions will be taken serious notice of.

C4-7785/60 dated 29th August 1962

Sub:-Civil courts-Establishment Particulars to be furnished at the posting for additional courts and instructions issued.

1. The District Judges are reminded that they are in immediate superintendence over all the civil courts in their district and that it is their responsibility to see that the work of each court is brought and kept up-to-date. For this purpose, they should undertake periodical reviews of the work of all the courts with special reference to the pendency and disposal of old cases of all descriptions, the older the case the closer being the scrutiny. In districts where the work is fairly up-to-date-at present there would appear to be none in this State-these reviews must be undertaken once a quarter on the basis of the figures furnished in the quarterly returns, but in districts where there are heavy arrears-and at present all the districts in the State would come within this class-the review should be undertaken once a month on the basis of the figures furnished in the monthly returns. Having regard to the state of the work III the several branches in each court, the District Judge should, whenever necessary, call for fuller particulars than furnished in the monthly returns and a copy of the review for the entire district should be sent to each officer so that he might know what to emulate and what to avoid. Discriminating praise should be bestowed where it is due, and shortcomings firmly but politely pointed out. Every effort should be made to avoid harsh or offending criticism-adverse remarks, where they are required, are best communicated demi-officially to the officer concerned. Due allowance must be made for the varying inherent capacity of each officer and while there is no point in blaming a slow officer who is doing his best, every attempt must be made to ensure that there is no slackness anywhere. Cases of persistent want of diligence should be reported to the High Court for necessary action, full particulars being furnished in support of the report.

2. It might sometimes happen that a slow officer is in charge of a heavy court and a quick officer in charge of a light court. District Judges are free to suggest transfers within the district to remedy such anomalies even if the officers concerned are not due for transfer under the three-year rule. Such proposals should however be made by the 1st or March, each year so that they can be considered at the time of the vacation transfers. But where no personal inconvenience is involved to the officers concerned, the transfer may be made at any time.

3. It might be that arrears are due to the fact that the work of the court concerned is more than what one officer can manage. (These remarks are with reference to a court manned by one officer-they should be suitably adapted to courts manned by more than one). In such cases it is the duty of the District Judge to apply promptly for relief by the appointment of an additional officer. Proposals for such appointment should reach the High Court by the 1st October, of each year so that sanction may be obtained in time for the officer to function from the 1st March of the following year. In cases of great urgency, proposals may however be made for immediate appointment at any time of the year, but in all such cases, it should be explained why proposals were not made at the proper time.

4. Proposals should be supported by a statement showing the institution, disposal and pendency of the more important classes of cases for the preceding five years. (In the case of original suits the disposal of old suits for each year and the pendency at the end of year should be shown and the number of suits becoming old during the period for which relief is sought should also be stated). Figures of contested disposals should also be furnished. The additional staff required must be mentioned, and the availability of accommodation, namely, of a court hall and chambers for the officer and room for the staff, should be reported on.

5. The total pendency in a court at any time gives little indication as to the need for relief. The real factors requiring scrutiny are whether disposals are keeping pace more or less with institutions, and, what is more important, whether old arrears are being kept within reasonable limits. Since the aim is that no case should be pending for over a year it follows that the pendency at any time with special reference to old cases, should be well within what one officer can dispose of in a year, say about nine months' work. Where the pendency is more than 18 months' work, the danger line IS crossed and it is time to ask for relief for a period sufficient to bring down the pendency to roughly nine months' work. In the case of Munsiffs' Courts the question should be considered primarily with regard to original suits though extraordinarily heavy pendencies in other branches of work should also come for notice, and, in the case, of Sub Courts, with reference to original suits and appeals. Where relief is asked for in the case of a Sub Court, the question whether the District Court cannot take on more of the appellate work should also be considered. In assessing the number of months' work which the pendency at any time represents, special note should be taken of the number of old cases, especially old suits, pending. Most of them are bound to be contested and the average disposals by contest and the average disposal of old suits by a single officer, rather than the total average disposals should be the basis for computing the number of months a single officer would take to dispose of the old cases pending. It should be shown that the pending work without the future institutions would keep the existing and additional officer fully engaged for the period for which relief is sought. On the assumption that application for relief is made as soon as the pendency reaches 18 months' work this would mean that after the two officers have worked for a year (allowing for vacations the number of working months would be 10) the pendency left over at the end of the period would be about 9 months' work.

6. So far as District Courts are concerned, it should not be necessary to ask for relief unless the Sessions work becomes unmanageable. As a rule, cases (other than cases of homicide) triable by an Assistant Sessions Judge should as far as possible transferred to the Assistant Sessions Judge, the Sessions Judges themselves retaining only cases of homicide, cases where Assistant Sessions Judges cannot impose an adequate sentence, and cases of difficulty, This is necessary not merely to relieve the District Judge so that he can devote a fair amount of time to civil work, but also for giving subordinate Judges sufficient experience of criminal work before they are called upon to do the duties of a District and Sessions Judge. Care should however be taken to see that the Assistant Sessions Judges are not left without sufficient time for their civil work and that the District and Sessions Judge is not left without sufficient work. Except where the cases are very heavy it should be possible for Sessions Judges to post and dispose of two Sessions Cases a week and, if after making over cases to the Assistant Sessions Judges (which should be done as soon as they are received), the number of Sessions cases pending before a Sessions Judge is more than 20, in other words, represents more than 10 weeks' work, proposals should tie submitted for the appointment of an additional District and Sessions Judge. In making such proposals the figures of pendency on the civil side should also be furnished and it should be shown that the pendency on the civil and criminal side is sufficient to keep two officers fully engaged for the period for which relief is sought. In the case of accumulation of Sessions work, application for relief should be made as soon as it becomes necessary and the District Judges should not wait until October to submit their proposals.

B1-3080/61, dated 21st April 1971

Sub:-Ref. High Court Circular No. B1-9134/59, dated 16th December 1960 (34/60).

        The High Court has in the Circular cited above directed all the subordinate criminal courts to supply Assistant Public Prosecutors with informal copies of judgments, orders, etc., on white paper free of cost. It is considered desirable that police also should have copies of judgments immediately after the disposal of cases for taking prompt and effective action regarding appeals or revisions. In view of this it is hereby directed that the Station House Officers concerned may also be given a copy of the judgment on white paper free of cost, soon after the disposal of cases.

B3- 2531/60, dated 28^th March 1961

1. Instances have come to the notice of the High Court where Judicial Magistrates leave jurisdiction before ascertaining whether other competent officers would hold charge of the court during their absence from jurisdiction. This is an unsatisfactory practice and it will throw into dislocation the work in the courts.

2. Judicial Magistrates are therefore directed that, before they leave station or jurisdiction on casual leave or during holidays, etc. they should see that the charge of the court is handed over to another competent Judicial Magistrate in the district and that it is assumed by the latter. Failure to comply with these directions will be taken serious notice of by the High Court.

                             D1-43771/69, dated 30^th   June 1970

Courts-Dress to be worn by judicial officers both civil and criminal-Prescribed.

Judicial officers, both civil and criminal (except Special Magistrates) shall, while presiding on the Bench, wear the following dress:

Men Officers:-

Black open collar coat, white shirt, white stiff or soft collar and bands with Barrister's or Bachelor of Laws’ gown as the case may be.

Women Officers:-

Regional dress of subdued colour, white stiff or soft collar and bands with Barrister's or Bachelor of Laws' gown as the case may be.

This order shall come into force with effect from 1st October 1970.

          Crl. 609/85//Cal/D1  Dated 12th January 1987

Sub .-Sessions Cases-Adjournments-Instructions issued.

A disturbing trend of trial of Sessions cases being adjourned, in some cases to suit convenience of counsel and in some others because the prosecution is not fully ready, has come to the notice of the High Court. Such adjournments delay disposal of Sessions cases.

The High Court considers it necessary to draw the attention of all the Sessions .Judges and Assistant Sessions Judges once again to the following provisions of the Code of Criminal Procedure, 1973, Criminal Rules of Practice, Kerala, 1982 and Circulars and instructions on the list system issued earlier, in order to ensure the speedy disposal of Sessions cases.

1. (a) In every e"1quiry or trial, the proceedings shall be held as expeditiously as possible, and, in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded. [Section 309(1) Crl.P.C.]

(b) After the commencement of the trial, if the court finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable. If witnesses are in attendance no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing. [Section 309(2) Cr. P.C.]

2. Whenever more than three months have elapsed between the date of apprehension of the accused and the close of the trial in the Court of Session, ?n explanation of the cause of delay, (in whatever court it may have occurred) shall be furnished, while transmitting the copy of the Judgment. (Rule 147 Crl., Rules of Practice).

3. Sessions cases should be disposed of within six weeks of their institution, the date of commitment being taken as the date of institution in Sessions Cases. Cases pending for longer periods should be regarded as old cases in respect of which explanations should be furnished in the calendar statements and in the periodical returns. (High Court Circular No. 25/61 dated 26th October 1961).

4. Sessions cases should be given precedence over all other work and no other work should be taken up on sessions days until the sessions work for the day is completed. A Sessions case once posted should not be postponed unless that is unavoidable, and once the trial has begun, it should proceed continuously from day to day till it is completed. If for any reason, a case has to be adjourned or postponed, intimation should be given forthwith to both sides and immediate steps be taken to stop the witnesses and Secure their presence on the adjourned date.

On receipt of the order of commitment the case should be posted for trial to as early a date as possible, sufficient time, say three weeks, being allowed for securing the witnesses. Ordinarily it should be possible to post two sessions cases a week, the first on Monday and the second on Thursday, but sufficient time should be allowed for each case ;'0 that one case does not telescope into the next. Every endeavor should be made to avoid telescoping and for this, if necessary, the court should commence sitting earlier and continue Sitting later than the normal hours. Judgment in the case begun on Monday should ordinarily be pronounced in the course of the week and that begun on Thursday the following Monday. (Instructions on the list System contained in the O.M. dated 8th March I 986.

All the Sessions Judges and the Assistant Sessions Judges are directed to adhere strictly to the above provisions and instructions while granting adjournments in Sessions Cases.

(By order)

M. C. MADHAVAN, Registrar.

D1- 62475/2016 Dated: 06/09/2019

Sub.: Motor Accident Claims Tribunal-Award amount payment by insurance companies through electronic mode- guidelines issued- reg.

Ref.: 1. High Court Circular No. 3/1986

         2.High Court Circular No. 2/1992

         3.High Court Circular No. 3/1992

          At present the Motor Accidents Claims Tribunals in the State are directing the insurance companies who are found liable, to deposit the award amount by way of cheques or crossed Demand Drafts drawn in the name of the claimant, before the Tribunal, for being passed on to the claimant after making necessary entries in the registers of the Tribunals evidencing payment of amount to the claimant. So as to ensure that the payment is done in a swift and transparent manner and in consonance with the changes in the banking sector, the High Court has decided to switch over to a new mode of payment of award amount.

          Therefore, in supersession of the instruction no. (b) issued in High Court Circular No. 3/1986 and directions contained in para 2 and para 1 of High Court Circulars 2/1992 and 3/1992 respectively, the following instructions arc hereby issued to the Motor Accident Claims Tribunals in the Stale with respect to payment of award amount, where Insurance Companies arc found liable.

          a)The Tribunals shall hereafter require the claimant to furnish his bank account number to which the award amount is to be credited, at the time of filing of the Motor Accident Claims Petitions or at least before the conclusion of the trial in the case. The claimant may be required to submit an attested copy of the relevant page of the Bank passbook having details of the claimant's Bank account number and IFSC Code of Bank branch.

          b)The Tribunals shall direct the insurance companies, wherever they are found liable, to deposit that portion of the award amount that is allowed by tire tribunal to be withdrawn by the claimant, directly to the bank account of the claimant bv wav of electronic fund transfer.

          c)In cases where the Tribunal directs deposit of a portion of the award amount in fixed deposits, the Insurance Companies shall be directed to make payment of that portion by way of cheque drawn in the name of the claimant. The company shall produce the cheque before the bank alone with a copy of the award and create a fixed deposit. The deposit shall necessarily have the following features:

          i)The fixed deposit shall have a lien marked on the face of its receipt stating that the amount shall be repaid only on maturity and by crediting to the claimant's account or else only on the orders of the Tribunal High Court.

          ii)Fixed Deposit amount, on maturity, along with its interest shall be automatically credited to the claimant's bank account.

          d)It shall be the duty of the Insurance Companies to file before the Tribunal a statement regarding compliance of the order along with a copy of the transaction record certified by the Bank concerned. A copy of the said statement after due verification, shall be countersigned and issued to the claimant by the Tribunal.

          e)The bank shall on production of such statement can hand over the fixed deposit receipt to the claimant.

          f)The Tribunal shall ensure that all the above instructions are issued while passing the award.

          g)The Tribunal shall make necessary entries in the registers of the Tribunal, evidencing payment of amounts to the claimant.

          h)It is further made clear that the existing procedure in the case of a claimant who is a minor and for deposit of Court fee shall continue without any change.

          i)This procedure, if possible, may be followed in cases where payment of Award amount is to be made by respondents other than Insurance Companies.

D3- 60737/2019  Dated: 23^rd September 2019

Sub: Guidelines on the procedure to be followed by the Judicial Officers during production of accused by police-Reg.

          When an accused is produced before a Judicial Officer by Police, it is the duty of the Judicial Officer to ascertain whether the accused has been subjected to torture by the Police. An instance has come to the notice of the High Court that as a result of lack of diligence, injuries inflicted on an accused by the police have escaped the notice of the Judicial Officer.

          In the circumstances, all the Judicial Officers in the State are directed to strictly comply with the following directions whenever an accused is produced by police, in addition to the existing guidelines/ rules.

The Judicial Officer should ask the accused specifically as to whether he was manhandled/ tortured by the police and whether he had any complaint against the police officials regarding arrest and custodial torture. Vague questions such as, “whether the accused has any complaints” or “whether he has anything to say” are not sufficient. The Judicial Officer shall thereby elicit whether or not the accused has been subjected to torture by the police and record the same;

When the accused is produced with any injury, difficulty or inability, the Judicial Officer shall put specific questions with regard to the nature of injury/ difficulty, how and when it was caused, which will throw light into the nature of the injury. The Judicial Officer should see that the questions asked are probing in nature and not casual. The Judicial Officer shall record the same in a question and answer form;

The Judicial Officer shall ascertain whether there is any conflict with regard to the version of the accused and what is stated in the Remand Report and in the Medical Certificate/ Accident Register Cum Wound Certificate;

The Judicial Officer, before whom a person in police custody is produced in a physically injured condition, shall seek and understand the details of the injury as provided in Section 50 of the Kerala Police Act;

After making enquiry as above, the Judicial Officer shall record his findings specifically on the above points in the remand order;

In case the accused produced with bodily injuries/ physical illness is remanded, specific direction shall be issued to the Jail Superintendent concerned to ensure immediate and sufficient medical assistance to the accused forthwith. A report on the action taken on such direction along with medical certificate shall be obtained from the Jail Superintendent/ Officer concerned as early as possible, at any rate within 24 hours, without fail;

When a Judicial Officer goes to a hospital and remands an accused as provided in Rule 21 of the Criminal Rules of Practice, the Judicial Officer shall address the order to the Superintendent of the jail concerned for the detention of the accused with an instruction to make arrangements for the safe custody of the accused and for his removal to the jail on the discharge from the hospital;

No Judicial Officer shall use police vehicles for travel in connection with his private or official purposes;

          The above directions shall be followed scrupulously. Any violation of these directions will be viewed seriously.

                             D1- 16572/2013 Dated: 21/01/2019

Sub.: Arbitration & Conciliation Act, 1996- Original Petitions filed under section 34 of the Act-records of Arbitration proceedings received from the Arbitrator-retaining the records after disposal of Original Petition- instructions issued - reg.

          The High Court has noticed that the District Courts, on disposal of Original Petitions filed under section 34 of the Arbitration & Conciliation Act, 1996, used to return the records of Arbitration proceedings to the Arbitrator concerned. This often leads to difficulties and complications. In fact, such records form part of the proceedings of the court in the Original Petition. Moreover, in cases where appeals are filed against the findings of the District Court, the records of the Arbitration proceedings need to be forwarded to the High Court and Supreme Court, if called for.

So as to address the above difficulties, the following instructions are issued:

Henceforth, on disposal of the Original Petition filed under section 34 of the Arbitration & Conciliation Act, 1996, the courts concerned shall not return the records of Arbitration proceedings to the Arbitrator concerned. They shall be retained as part of the proceedings of the court in the Original Petition.

All the provisions of Records Destruction Rules included in Appendix VIII of the Civil Rules of Practice, Kerala shall apply to Arbitration Records as well.

It is further clarified that provisions of the Code of Civil Procedure 1908, the Civil Rules of Practice, Kerala and the circulars/orders issued by the High Court from time to time shall also apply to Arbitration Records, in view of Rule 11 of the Kerala Arbitration and Conciliation (Court) Rules, 1997.

                   D1- 97175/11       Dated: 10/10/2018

Sub. : Awarding of costs in suits-directions issued-reg.

Read : High Court circular No. 6/2009, dated 03/07/2009

          The High Court had, vide circular read above, issued certain directions regarding awarding of costs in suits. In furtherance of the said circular, the subordinate courts are directed that while awarding costs for adjournment, they shall bear in mind that the cost awarded is adequate to reimburse the expenditure that would have been incurred by the party concerned. The courts should also ensure that the costs ordered are actually paid by the party seeking adjournment and that  the receipt evidencing payment is filed in the court.

D1- 37152/2017 Dated: 10/10/2018

          It is hereby clarified that the proper court fee to be levied under the Kerala Court Fees and Suits Valuation Act, 1959, on the Execution Petitions and Interlocutory Applications filed before the Motor Accidents Claims Tribunals in the State is provided in : -

Schedule II Article 11 (g)

Application or petition presented to any Court, or to any Magistrate in his executive capacity and not otherwise provided for in this Act- Two Rupees.

Hence all the Motor Accidents Claims Tribunals in the State are directed to comply with the above provision, scrupulously.

                   D3- 42347/2018 Dated: 03/08/2018

Sub:- Subordinate Courts - Furnishing of copy of Judgments in criminal cases to the Prosecutors promptly- instructions issued - Regarding.

Ref: 1. High Court Circular Nos. 16/1960, 17/1975 and 1/1979.

        2. Rules 92(1)(i) & 161 of the Criminal Rules of Practice, Kerala

          The High Court by Circular No. 16/1960 had Instructed that In Sessions cases, the Sessions Judges will supply the Public Prosecutor with a printed copy of the judgment.

          Further, as per Circular No. 17/1975, the Criminal Judicial Officers were informed that they can furnish copies of judgments to Assistant Public Prosecutors in plain paper and production of copying sheets will not be insisted.

          The Sessions Courts and the Criminal Courts in the State were further directed to supply a copy of the judgment free of cost to the Public Prosecutor/the Assistant Public Prosecutor as the case may be, on his written request for the same, vide High Court Circular No. 1/1979.

          Rule 92(1)(I) of the Criminal Rules of Practice, Kerala, lays down that the Court of Session shall, as far as possible, within two weeks from the date of pronouncing judgment in trial cases, furnish a copy of the judgment to the local Public Prosecutor or Additional Public Prosecutor, free of charge.

          Rule 161 of the Criminal Rules of Practice, Kerala, also stipulates that the Court shall supply a copy of its Judgment or order free of cost to the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, on his written request.

          In spite of the above standing Instructions and the rule position, it has now been brought to notice of the High Court by the Director General of Police & State Police Chief that there is considerable delay In furnishing copy of Judgments to the Prosecutors by the trial courts in the State, that unless the Prosecutors make repeated requests, the courts do not provide the copy of the judgments.

          Hence, all the Subordinate Criminal Judicial Officers In the State are reminded of the above instructions issued in the matter and directed to ensure that a copy of the Judgment in all trial cases is furnished to the Public Prosecutor as early as possible, free of cost.

                             D8- 64233/2017/D3     Dated: 07/08/2017

Sub:-Subordinate Courts - Recording of deposition of witness by the Presiding Officer himself or by his dictation in Open Court and under his direction and superintendence by the Typist/Computer operator of the Court-Regarding.

Ref: 1. High Court Circular No. 5/1968 dated 26-03-1968.

        2.High Court Circular No. 1/2016 dated 04-04-2016.

        3.Order XVIII, Rule 4 and 5 of the C.P.C.

        4.Sections 272, 273, 274, 275 and 276 of the Cr.P.C.

        5.Rule 146 (1) of the Civil Rules of Practice, Kerala.

        6.Rule 57 of the Criminal Rules of Practice, Kerala.

          Directions to the effect that the Presiding Officers of the subordinate courts should themselves record the evidence had been issued vide High Court Circular cited first above.

          Order XVIII, Rules 4 and 5 of the Code of Civil Procedure, 1908, and Sections 274, 275 and 276 of the Code of Criminal Procedure, 1973, provides other options for the Presiding Officers to record the evidence of witnesses, in addition to the mandate to write down the depositions themselves, subject to conditions.

Rule 146 (1) of the Civil Rules of Practice, Kerala, and Rule 57 of the Criminal Rules of Practice, Kerala, lay down the procedure to be followed by the Judge when the deposition is not recorded in his hand.

As per High Court Circular No. 1/2016, the High Court had decided to permit the evidence of witnesses to be recorded in writing either by the Presiding Officer himself or on his dictation in Open Court or under his direction and superintendence by the Typist/Computer Operator of the Court authorised by hirn. ln this behalf in accordance with Sections 272 to 276 of the Code of Criminal Procedure, 1973 and Order XVIII, Rules 4 and 5 of the Code of Civil Procedure, 1908. In the first phase, the High Court had resolved to implement the above scheme in the Higher Judicial Service, i.e., the District & Sessions Courts, Additional District & Sessions Courts, Motor Accidents Claims Tribunals, Additional Motor Accidents Claims Tribunals, Special Courts, Family Courts etc., and the said Courts were directed to implement the above scheme.

          The High Court has now decided to extend the above scheme to all the Courts in the State, in supersession of High Court Circular No. 5/1968.

          Henceforth in all the courts in the State, the evidence of witnesses can be recorded in writing either by the Presiding Officer himself or on his dictation in Open Court and under his direction and superintendence, by the Typist/Computer Operator of the Court authorised by him in this behalf in accordance with Sections 272 to 276 of the Code of Criminal Procedure, 1973 and Order XVIII, Rules 4 and 5 of the Code of Civil Procedure, 1908. The evidence so taken down shall be read over to the witness, his signature obtained and signed by the Presiding Officer and shall form part of the Records.

                   D1-60789/1996 Dated 22-3-2017

Sub.: Animals other than livestock and birds produced before courts in various cases- providing for their safe custody-reg.

It has been brought to the notice of the High Court that the subordinate courts in the State have been facing difficulties due to the production of various animals and birds in the court in connection with various cases. The courts have found it difficult to ensure the safe custody and proper care of the animals since there are no Government rescue centres or institutions where such animals/ birds could be kept till the disposal of the case.

The High Court had taken up the above issue with the State Government, in pursuance of which, the Government had convened a meeting of the officers concerned on 11-11-2015. In the meeting, it was noted that the livestock produced before courts are released to the owners under section 451 of the Code of Criminal Procedure. Regarding the other animals and birds, the meeting decided as follows:

(I)   

(II)

          All the subordinate courts in the State shall take note of the above decision whenever dealing with the custody of animals and birds produced before it in various cases.

                             D1-17592/2013 Dated 14-3-2017

Sub: Subordinate courts- 'A' Diary- dispensing with manual entry-substituting the existing register with computer generated printout of A diary- reg.

          The Case Information System software provided to all the subordinate courts in the State as part of the e-courts project, inter alia generates “A diary". It is noticed that the present system of entering the details in CIS and again entering in writing in the “A diary” results in duplication of work. Therefore, instead of manually entering the details in the “A Diary” register- Civil register No. 22 or Form No. 10, as the case may be- the subordinate civil and criminal courts and tribunals in the State, where CIS software has been installed, shall hereafter take a computer generated print out of the “A diary” from the CIS and file it chronologically in a good quality cardboard stationery file. Every page of such “A diary” shall be serially numbered and signed by the Presiding Judge concerned. Every two hundred pages of the said diary shall be bound together to make a volume. However, care shall be taken to keep a day's entry in a single volume.

          It is clarified that the above directions are only with respect to the manner in which “A diary” is to be prepared and handled. With respect to the maintenance of “A Diary”, the courts shall continue to be bound by the provisions in the Civil Rules of Practice, Kerala and the Criminal Rules of Practice, Kerala.

          Consequent upon the above changes, the subordinate courts shall see that the printed registers of CR 22 and Form No. 10 are not requisitioned, while giving indent of forms and registers.

                             D7A(1)-85040/2016       Dated -16/12/2016

Sub: Conferring Magisterial Powers on Munsiffs in the State - Instructions Issued - Reg.

Ref: High Court Circular No. 5/2009 dated 04/02/2009.

                                The High Court, in exercise of the powers conferred u/s 11(3) of the Code of Criminal Procedure, have invested all the Munsiffs in the State with Magisterial powers to try and dispose of cases filed under Section 138 of the Negotiable Instruments Act. in order to reduce the alarming pendency of cases in the Magistrate's Courts in the State. Various instructions in this connection have been issued vide reference cited.

                                Now, it has been decided to make certain amendments in the instructions issued vide the above mentioned circular regarding transfer of cases from Magistrate Courts to the Munsiffs conferred with magisterial powers.

                                Hence, the High Court issues the following instructions for strict compliance regarding transfer of cases from the Magistrate's Court to the Mastiff's Court invested with Magisterial powers, numbering of the Munsiffs Courts conferred with magisterial powers etc.:

1.   

2.   

3.   

4.   

5.   

6.   

7.   

                             D1(B)- 22753/2010/D3 Dated: 13-07-2016

Sub: Section 2(viii)(f) of the Dissolution of Muslim Marriage Act, 1930- granting divorce to any of the wives of Polygamous Marriages - Instructions - Regarding.

Ref: 1. Judgment of the High Court of Kerala dated 01/03/2010 in Mat. Appeal No. 82/2004 [ 2010 (1) K LT 891).

       2. Section 2(viii)(f) of the Dissolution of Muslim Marriage Act, 1939.

          The High Court vide Judgment cited above has directed that claims for divorce under Section 2(viii)(f) of the Dissolution of Muslim Marriage Act, 1939, must be disposed of by the courts as expeditiously as possible.

In view of the above, all the Subordinate Judicial Officers in the State are directed to comply with the above direction, scrupulously.

                             D3-4548/2015      Dated: 08-06-2016

Sub:- Transmission of Lower Court Records in Civil cases to the High Court - Arrangement of papers - Instructions issued - Regarding.

The High Court had occasion to notice that the records received from the lower courts in Civil Cases are often not arranged in a proper manner, which makes searching and taking out a document from such records a laborious and time consuming task. In the circumstances, the High Court hereby directs all the Subordinate Courts in the State to strictly ensure that the records sent to the High Court from the lower courts in Civil Cases are arranged in the following manner:-

(I)                  

(II)              

(III)             

(IV)            

(V)              

(VI)            

(VII)         

(VIII)              

(IX)                   

(X)                     

(XI)                   

(XII)                 

                                DI-24935/2007  Dated 05.04.2016

Sub: Appointment of Advocate Commissioners for recording evidence- guidelines to be followed- reg.

The subordinate courts in the State are instructed to follow the guidelines given hereunder while appointing Advocate Commissioners for recording evidence.

1. 

2. 

3. 

4.  

5.      

6.  

7.  

8.  

9.  

10.     

11.     

12.     

13.     

14.     

15.     

16.     

17.     

18.    

19.    

                                                                             (By Order)

                                                          Registrar (Subordinate Judiciary).

                             D1(B)- 83249/2009/D3   Dated: 04-04-2016

Sub:- Subordinate Courts - Recording of deposition of witness by the Presiding Officer himself or by his dictation in Open Court or under his direction and superintendence by the typist/computer operator of the Court-Regarding.

Ref: 1. High Court Circular No. 5/1968 dated 26-03-1968.

2.      

3.      

4.      

5.      

          Directions to the effect that the presiding officers of the subordinate courts should themselves record the evidence had been issued vide High Court Circular cited first above.

          Order XVIII, Rules 4 and 5 of the Code of Civil Procedure, 1908, and Sections 274, 275 and 276 of the Code of Criminal Procedure, 1973, provides other options for the Presiding Officers to record the evidence of witnesses, in addition to the mandate to write down the depositions themselves, subject to conditions.

          Rule 146 (1) of the Civil Rules of Practice, Kerala, and Rule 57 of the Criminal Rules of Practice, Kerala, lays down the procedure to be followed when the deposition is not recorded in the hand of the Judge.

    In the light of the mandate envisaged by the provisions of law and as a first step to improve the system, it has now been decided by the High Court to permit the evidence of witness to be recorded in writing either by the Presiding Officer himself or on his dictation in Open Court or under his direction and superintendence by the typist/computer operator of the Court authorised by him in this behalf in accordance with Sections 272 to 276 of the Code of Criminal Procedure, 1973 and Order XVIII, Rules 4 and 5 of the Code of Civil Procedure, 1908. The evidence so taken down shall be read over to the witness, his signature obtained and signed by the Presiding Officer and shall form part of the Records.

I

          In the first phase, the High Court has resolved to implement the above scheme in the Higher Judicial Service, i.e., the District & Sessions Courts, Additional District & Sessions Courts, Motor Accidents Claims Tribunals, Additional Motor Accidents Claims Tribunals, Special Courts, Family Courts, etc.

          The Courts mentioned above are directed to implement the above scheme with immediate effect.

          In the circumstances, High Court Circular No. 5/1968 stands revised to the above extent.

          (By Order)

          Registrar

(Subordinate Judiciary).

                             D3-102024/2012 Dated: 9^th September, 2015

Sub:- Distribution of Warrants among Process Servers and Amins for execution - Enhancement of Monetary limit- Regarding.

Ref:- High Court Circular No. 1/1998 dated 20-11-1998.

In supersession of the circular cited above, the High Court hereby directs that arrest warrants for sums up to Rs. One lakh be entrusted with Process Servers for execution and that all other arrest warrants be entrusted with the Amins.

          (By Order)

          Registrar (Subordinate Judiciary).

                                      DI-40282/2007  Dated 16-7-2014

Sub.: Service of summons through courier- empanelling courier service providers-guidelines-reg.

In order to employ the courier services for speedy delivery of notice/ summons, the following guidelines are issued for empanelling courier service providers for service of summons/ notice and matters incidental thereto:

1.     

2.     

3.     

4.     

(i)      

(ii)      

(iii)           

5    

6    

7.   

The District Judges shall strictly follow the above guidelines and ensure that courier service is utilised for the service .of summons/ notices in all th subordinate courts and tribunals in the respective districts in accordance with the above guidelines.

          (By Order)

          Registrar (Subordinate Judiciary).

                                      DI-65496/2004 Dated 7-7-2014

Sub.: Order XX, Rule 6B of the Code of Civil Procedure, 1908- implementation of- reg.

          Rule 6B of Order XX of the Code of Civil Procedure, 1908 prescribes that

copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal. It has been brought to the notice of the High Court that often there is delay in providing copies of the judgments as mandated under the said rule. Therefore, all the subordinate Courts in the State are instructed to strictly comply with the said provision and issue copies of judgments to the parties at the earliest.

          (By Order)

          Registrar (Subordinate Judiciary).

                             D3-2146/2013      Dated 08/05/2014

Sub: Forwarding of copy of the judgment to the Jail on disposal of jail appeals - instructions - Regarding.

          It has come to the notice of the High Court that the judgment in jail appeals which ought to be automatically forwarded to the jail, where the convict is lodged, are not being forwarded to the jail concerned.

          Hence all the Subordinate Criminal Courts are directed to communicate a copy of the judgment/order in the Criminal Cases immediately after pronouncing the judgment/order to the jail authorities/Superintendent of jail where an under trial prisoner/convict is involved or lodged.         

          The Subordinate Criminals Courts of the State are also directed to strictly comply with the provisions in chapter XV of the Criminal Rules of Practice,1982 and S.363 of the Code of Criminal Procedure, 1973.

          (By Order)

          Registrar (Subordinate Judiciary).

                             D3-105149/2012 Dated 1-7-2013

Sub:- Production of mentally ill person before CJM - Issuing reception order - ensuring presence of  retainer/panel lawyer of DLSA.

Read: Section 24 of the Mental Health Act 1985

          Clause 10 of the National Plan of Action 2012-13, Issued by National Legal Services Authority highlights the need to give special attention to the cases relating to mentally ill persons, especially in the proceedings relating to the issuance of reception order by the Chief Judicial Magistrate. It is also mentioned that one of the retainer lawyers may be requested to keep a watch In the court of the Chief Judicial Magistrates when the proceedings relating to mentally III persons are taken up.

          In the circumstances, all the Chief Judicial Magistrates are directed to take necessary steps to ensure the presence of a retainer/ panel lawyer of DLSA during the proceedings relating to reception order of mentally ill persons. The proactive intervention of such lawyer e to be ensured in all such cases so as to safeguard the Interests of

mentally ill person.

(By Order)

Registrar (Subordinate Judiciary).

4/2010   D4(8)-43748/09 Dated 11-11-2010

Sub:- Exhibition of name boards in the official vehicles of subordinate judicial officers - reg.

It is brought to the notice of the High Court that there is no consistency in the use of name boards fixed to the vehicles allotted to judicial officers. Therefore, it has been decided that a clarification regarding the display of name boards in the staff cars of judicial Officers is required.

Judicial officers, who are provided with staff cars, are hereby directed to display only their designation and name of the station in the name boards attached to their vehicles. Only the Principal District & Sessions Judges can display in the name board "District & Sessions Judge/District Judge" of a particular station. Vehicles allotted to I Additional District Judges shall have an inscription "I Additional District Judge". Likewise, vehicles allotted to Family Courts may show "Judge, Family Court" on the board and that of Wakf Tribunal as "Wakf Tribunal', and so on, with the name of respective stations in the name board. Judicial officers are hereby informed that displaying the officers' cadre (such as "District Judge") in the name board is not allowed. The pool cars should display the board "District Court" with the name of the District and nothing else. The officers are directed to comply strictly with these directions.

The District Judges are directed to see that the above instructions are observed .

A. Hariprasad,

Registrar (Subordinate Judiciary).

D1-B -88279/2009          dated 5^th August 2010

Sub: Subordinate Courts - Cheque applications - registration with a common nomenclature and abbreviation - guidelines - issued.

Ref: Letter No: Vig.382/200g dt. 11-12-2009 from the Registrar (Vigilance) of this High Court.

The attention of the High court has been drawn to the matter of Subordinate Courts registering Cheque Applications with varied nomenclatures and abbreviations like E.A.s (Execution Applications), I.As (Interlocutory Applications), C.A.s (Cheque Applications) etc and in certain courts, no nomenclature for such applications is found to have been used for such applications.

In the circumstances, in order to regularize the registration of Cheque Applications, the Subordinate Courts in the State are hereby directed:-

1. to follow a uniform nomenclature for the Cheque Applications as Cq.A.; and

2. to make entries regarding the postings of the Cheque Applications in the posting books and in the 'A' diary, without fail.

(By Order)

A. HARIPRASAD

REGISTRAR (SUBORDINATE.JUDlCIARY)

D1(B) 89790  dated 3^rd August 2010

Sub; Subordinate Criminal Courts - sentences imposed - lapses in execution rectification - instructions - issued.

Ref: Letter No: Vig.386/2009 dt. 16-12-2.009 from the Registrar ( Vigilance) of this High Court.

The attention of the High Court has been drawn to the lapses that have been occurring in the execution of sentences imposed by Subordinate Courts. In order to avoid such lapses and laxity in execution of sentences, the Subordinate Courts :in the State are hereby directed to :-

1. Maintain a Register of Warrants in Form No: 19, Appendix - II, in respect of execution of sentence and to submit periodical statements.

2. maintain a proper Register 'with updated entries in respect of execution of sentences and to give a copy of the statement containing all pending eX62ution matters to the head of the District Police Administration concerned, 80 that proper attention can be given by the police in such matters.

3. Furnish a statement in the proforma appended herewith, with regard to the pending execution matters till date.

Accordingly, the Presiding Officers are directed to:-

1. Personally verify the Correctness of the statement regarding execution of sentences, as the statement may have to be forwarded to the High Court.

2. see that necessary entries are made in the registers, immediately on pronouncement of the sentence and also to make similar entries when the sentence is suspended, modified. confirmed or set aside by Appellate Courts.

                                       (By Order)

A.HARIPRASAD

Registrar (Subordinate Judiciary).

NAME OF COURT:……………………………………………………. .

FORM OF YEARLY STATEMENT OF SENTENCES OF IMPRISONMENT PENDING EXECUTION (EXCLUDING IMPRISONMENT IN DEFAULT OF FINE ONLY)

AS ON 30^th /31^st  DAY OF …………………………. OF THE YEAR .

Number of cases in which sentence of imprisonments were pending execution during the beginning of the year

Number of cases in which sentence of imprisonments were imposed during the year

Number of cases in which accused were sent under warrant of commitment to jail in execution of sentences of sentences during the year

Number of cases in which warrants of commitment have been returned after execution during the year (including warrants issued during previous year)

Total Number of cases in which sentences of imprisonments are pending execution

Number of cases in which execution of sentences are stayed

Remarks

                                                Name and Signature of the Magistrate/Judge

           D1B 88280/2009  Dt.28/5/2010

Sub: Subordinate Courts - enquiry files - registration and data keeping guidelines - issued.

It has come to the notice of the High Court that in matters relating to the enquiry files, whether fact pending or disciplinary proceedings, pending in a particular court, it becomes difficult to fix the liability for missing of enquiry files or causing delay in completing the enquiry and also to know the real position in the event of transfer of the custodian of the files. Occasions of missing of such files have been come across. The High Court considered the matter in detail and in order to overcome the difficulty, the following guidelines are issued to all Subordinate Courts:-

1. to maintain a Register showing the number of the proceedings of the disciplinary enquiry/fact finding enquiry, the name and designation of the delinquent employee, the date of commencement of the enquiry proceedings, the result of the enquiry etc.

2. to make entries in the register indicating the handing over of the enquiry files to the successor in office, when there is a transfer of the Sheristadar / .Junior Superintendent or other officer handling the files and to get it countersigned by the Presiding Officer concerned.

3· to index the enquiry files properly so that at the time of handing over of charge, the files can be physically verified by the officer who takes charge of the files.

4. to make entries in the register regarding the enquiry files, when a Presiding Officer hands over charge to the Officer who succeeds, so that the successor can take follow up action without delay, and the instances of missing of enquiry files can be avoided.

(By Order)

A.V . Ramakrishna Pillai

Registrar (Subordinate Judiciary).

          D1(B)-89880/2009   Dt.19-12-2009

Sub: - Arrest of a member of the Legislative Assembly - Intimation under Rule 161 of the Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly - Issuing of instructions - reg.

Ref: - (1) High Court Circular Nos. 3/57, 5/57, 43/57, 2/85 and 1/2005.

(2) Rule 161 of the Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly

Rule 161 of the Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly envisages that when a member of the Assembly is arrested on a criminal charge as per a criminal offence or is sentenced to imprisonment by a court or is detained under an executive order, the committing Judge, Magistrate or executive authority, as the case may be, shall immediately intimate such fact to the Speaker indicating the reasons for the arrest, detention or conviction, as the case may be, as also the place of detention or imprisonment of the member in the appropriate form set out in the Third Schedule. As such, an Subordinate Courts are forwarding such intimations to the Speaker, through proper channel as already instructed in the Circulars referred above. As the matter has to be brought to the notice of the Speaker, immediately, any room for delay has to be averted. It is seen that routing these intimations as instructed earlier, is causing delay. In order to avoid such delay, all the Subordinate Judicial Officers in the State are directed that hereafter, intimation to the Speaker under Rule 161 of the Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly need not be routed through proper channel and the same be sent directly to the Honourable Speaker by telegram followed by post, under intimation to the High Court.

                                      (By Order)

A.V . Ramakrishna Pillai

Registrar (Subordinate Judiciary).

          D1 (B) 53203/2007 15-10-2009

Sub: - Courts of Session - Cognizance taken in matters committed Rectification of delay -Instructions - issued.

It has been brought to the notice of the High Court that there occurs inordinate delay in taking cases, committed by the Magistrates Courts, to lie by the Courts of Session in the State. In order to ensure that such delay is avoided and cases committed to Sessions Courts are taken on file immediately on committal, the High Court hereby directs the Sessions Courts and Magistrates Courts to maintain a statement of cases committed and taken on file by the Sessions Courts, in triplicate, in the proforma prescribed hereunder:

PROFORMA SHOWING THE DETAILS OF CASES COMMITTED TO THE COURT OF SESSIONS FOR TRIAL

(A)   TO BE FILLED UP BY THE MAGISTRATE'S COURT

(B)   TO BE FILLED UP BY THE SESSION"S COURT      

1

2

3

4

5

6

Crime Number and the name of the Police Station

No of the committal proceedings

Date of committal order

Date when committal order and the records are received in the sessions court

Date when sessions Cases is taken to file

Number assigned to the Sessions Case and if made over to dditional /Assistant Sessions Court, the name of the court to which it is made over

Signature of the Magistrate 

Signature of the sessions judge  

The Judicial Magistrate Courts committing the cases for trial shaft II Columns 1, 2 and 3 in the statement and the Sessions Courts to which Cases are committed for trial shall fill up Columns 4, 5 and 6.

It is further directed that one copy of the Statement filled up in all respects be returned by the Sessions Judge to the Magistrate Court concerned for the Purpose of record, and another copy so filled up shall be made available for discussion it Monitoring Committee. The Sessions Courts as Well as Magistrates Courts independently maintain the statements and shall make this available for inspection when called for.

By Order)

A.V . Ramakrishna Pillai

Registrar (Subordinate Judiciary).

                             D1 (B) 30318/02/D1 (A) Dt.8-09-2009

Sub:- Subordinate Criminal Courts· - Cognizance taken by Magistrates in final reports  Rectification of delay - Instructions - Issued.

Ref:- 1) High Court O.M. No.D1(B)53203/2007 dated 03-08-2007.

2) High Court O.M. No.D1 (B)-53203I2007 dated 15-10-2007.

The High Court as per O.M. first cited, had directed all Chief Judicial Magistrates

to instruct the Judicial Magistrates in the State to avoid delay in taking final reports

submitted by the Investigating Officers to file.

As it  was brought to the notice of the High Court that the delay in passing orders on final reports is mainly due to the delay in taking back and non  return of final reports after curing defects by the Station House Officers I Charging Officers concerned the High Court as per O.M. second cited had directed all Principal District Judges and the

Chief Judicial Magistrates to prevail upon the Head of the Police Department in their

respective districts to issue directions to the Station House Officers under their jurisdiction to file the statement in the Court concerned in the proforma shown below, before the 10^th  day of every m6nth:

Sl No.

Crime No

Section of offences

Date of filing the final Report

Whether cognizance is taken(if so ,state the case No.)

Whether final report is returned, date of returning and reason thereof

Remarks/Order by the Chief Judicial Magistrate/Judicial First Class Magistrate

                                                                                                Signature)

Station House Officer, ....... , Police station.

 It was further directed that the Chief Judicial Magistrates I Judicial First Class Magistrates concerned shall verify in which all final reports, orders have not been passed and to pass appropriate orders thereon.

As it was found that the instructions have not been complied with and joint verification/ comparison of FIRs is not being done by Magistrate Courts and Station House Officers, the High Court hereby modifies the proforma issued in the matter as follows:

PROFORMA SHOWING THE DETAILS OF FINAL REPORTS FILED

Name of Police Station / Excise Range office / Forest Range Office:

Name of Court where the final report/ complaint is filed

(A)   TO BE FILLED BY THE POLICE   OFFICER

(B)   TO BE FILLED BY THE OFFICE OF THE COURT

1

2

3

4

5

6

7

8

Sl

No

Crime No

Section of Offence

Date of filing the Final Report

Whether cognizance is taken(If so take the case No.)

Date of taking cognizance

If final report is returned,the date of returning and reason thereof

Remarks/Order of the concerned court

Signature of S.H.O.

Signature of the Presiding Officer    

In the circumstances, the District & Sessions Judges and the Chief Judicial Magistrates in the State are directed to ensure the practice of keeping a monthly statement in the above format, containing the details of final reports filed, duly filled up by all Judicial Magistrate Courts and Station House Officers concerned. Columns 1 to 4 shall be filled up by the Station House Officers concerned and the remaining columns shall be filled up by the office of the Court concerned. The Chief Judicial Magistrates I Judicial First Class Magistrates shall verify in which all final reports, orders have not been passed and shall pass appropriate orders thereon. The aforesaid direction shall be strictly followed by all concerned and the failure, if any, will be viewed seriously.

                                                (By Order)

A.V . Ramakrishna Pillai

Registrar (Subordinate Judiciary).

                   Dl(B) 30318/ 02/ Dl(A)  Dated 8-09-09.

Sub.: Filing of applications for bail in the criminal courts in the state inclusion of statement regarding the status of other bail applications in the same matter- instructions- reg.

Ref: High Court Circular No. 2/ 2009 .

By the circular cited, the High Court had instructed the Sessions Judges in the state to insist for inclusion of a statement in the Bail applications as to whether any other Bail application in the same matter is pending before any other court or whether any other Bail application in the same matter had been disposed of by any other court.

In furtherance of the said circular, the Sessions Judges in the State are directed to instruct - all criminal courts subordinate to them to insist for the inclusion of a statement in every bail application as to whether any other bail application in the same matter had been, disposed of by any other 9ourt· or is pending before any other court. It is also clarified that non inclusion of such a statement in the bail application would only be treated as a curable defect.

(By Order)

A.V . Ramakrishna Pillai

Registrar (Subordinate Judiciary).

                   D1B-45821/2009   Dt.20/08/2009

Sub: Subordinate Judicial Officers-Legal Services Activities – sparing time on working days without affecting routine, judicial work -directions - issued- reg.

As the Judicial Officers in the State are expected to perform various activities organized by the Kerala Legal Services Authority and other Authorities constituted under the Legal Services Authorities Act., 1987, the High Court, with the intention of regularizing the time spared by the Subordinate Judicial Officers in such activities, hereby Issues the following guidelines:-

The Judicial Officers shall participate in the activities of the Legal Services Authority, as required by the Kerala State Legal Services Authority / District Legal Services Authority / Taluk Legal Services Committee during holidays and non-working hours. However, on working days such activities shall only before 11.00 a.m. and ordinarily after 5.00 p.m. In exceptional circumstances the Judicial Officers can participate in such activities after 4.30 p.m. on obtaining permission from the High Court if the officer is the Principal District and Sessions Judge and in the case of others from the Principal District Judge

Concerned.

By Order)

A.V . Ramakrishna Pillai

Registrar (Subordinate Judiciary).          

          D1B 37447/2009 Dt. 20-8-2009

Sub: Subordinate Courts, Office time and working hours of members of staff- regularized-orders issued .

Rule 8 of Civil Rules of Practice prescribes that the offices of Courts shall be open on all working days from 10.30 a.m. to 5.00 p.m. or during such other hours as may be notified by the High Court from time to time. Further, Rule 4 of Criminal Rules of Practice prescribes that the offices of the courts shall be open on all working days from 10.30 a.m. to 5.00 p.m. or during such other hours as may be notified by the High Court from time to time.

          The. High Court, on. considering the matter, hereby declare that working hours of the office of the Subordinate .Judiciary will be from 10.00 a.m to 5.00 pm, with an interval of 45 minutes from 1 :15 pm to 2.00 p.m., as prescribed in the Manual of office Procedure .

In the case of Peons, and Muslim Officers who wish to offer Jumma prayer, the relevant condition stipulated in Rule 157 of the Manual of Office Procedure shall be applicable.

It is clarified that the words “shall he open on all working days from 10.30 a. m. to 5.00 p.m.”  in Rule 4 of the Criminal Rules of Practice and 8 of Civil Rules of Practice are intended only for the public and not for the staff.

                                                                             (By Order)

A.V . Ramakrishna Pillai

Registrar (Subordinate Judiciary).

                   Dl(A} 76805/2006  Dated: 03-07-2009

Sub: Award of costs in suits and other Civil Proceedings Judgment of the Honorable Supreme, Court in WP(C) 496/2002 - Directions - Regarding.

The Honorable Supreme Court in Judgment dated 02/08/2005 in WP(C)496/2002 (Salem Advocates Bar Association case) reported in 2005 (6) SCC 344 has inter alia observed that, many unscrupulous parties take advantage of the fact that either the cost are not awarded, or only nominal costs are awarded on the unsuccessful party and, this practice encourage the practice of filing frivolous suits and to take up frivolous defenses. When costs are awarded, 'the same may be unrealistic and nominal. Hence, the  Apex Court suggested that the costs have to be actual reasonable costs including the costs of, the time spent by the successful party, the transportation, lodging U any, or other incidental costs besides the payment of court fees, Lawyer's fee, typing and other costs in relation to litigation etc.

Hence, the attention of all Subordinate Judicial Officers , are invited to the Provisions of Section 3 5 of the code of Civil Procedure and the observations made by the Honourable Supreme Court as stated above. They are directed to adhere strictly to. the provisions in Section 35, Code of Civil Procedure and the instructions contained in the observation of the Honourable Supreme Court as stated in the 'first paragraph while awarding costs in suits and other Civil Proceedings.

                                                                             (By Order)

A.V . Ramakrishna Pillai

Registrar (Subordinate Judiciary).

                   D3 (A) 49439/2008 Dated - 04/02/2009

Sub: Investiture of Magisterial powers - instructions Issued Regarding.

Ref: High Court OM NO.D3 (A)52896/04/E6 dated 07/11/2005 and all other directions.

The High Court, in exercise of the powers conferred u/s 11(3) of the Code of Criminal Procedure, have invested certain Munsiffs with magisterial powers to try and dispose of cases filed under section 138 of the Negotiable Instruments Act in order to reduce the alarming pendency of cases in certain- Magistrate's Courts in the State. Guidelines have been issue from time-to time.

Now that several instances have been brought to the notice of the High Court that the instruction issued in this regard create some confusion and that different methods are adopted by the transferee courts dealing with the Negotiable Instruments Act Cases, it is deemed necessary to issue comprehensive directions afresh in supersession of the instructions already issued.

Hence, the High Court issues the following instructions for strict compliance regarding transfer of cases from the Magistrate's Court to the Mastiff’s Court invested  with Magisterial powers.

1. Before transferring cases from a Magistrate Court to a Munsiff Court the Chief judicial Magistrate shall have consultation with the Principal District Judge concerned, to ascertain as to the pendency of cases in the Munsiffs Court. If the pendency of cases in such Munsiff's Court is more than 1500, cases shall not be transferred to such Munsiff's Court. '

2.Cases filed under Sec.138 of the Negotiable Instruments Act shall not be transferred to a Munsiff’s Court, if there are more than 500 criminal cases pending in that court, even though the pendency of civil cases is less than 1500.

3. The Magistrate's court shall not transfer cases filed under section 138 of the Negotiable Instruments Act to the Munsiff’s court unless the accused has entered appearance, before the Magistrate's Court.

4. The criminal cases which are transferred to the Munsiffs Court shall not be shown as 'disposal' of the Magistrate's Court concerned. Instead, it shall be specifically shown as ‘transferred cases’ in the statement to be forwarded to the High Court.

5. If there is one or more Magistrate's Court at a station, the Munsiffs Court or courts conferred with magisterial powers shall be specifically designated in the consecutive Order and the cases transferred shall be re-numbered by the transferee court. Separate file registers shall be maintained by the courts invested with Magisterial' powers.

6.The case records of the transferred cases shall be maintained and kept in the transferee courts itself.

7.Only a skeletal staff shall be deployed during Oman and Christmas holidays and, mid summer vacation in those Munsiff's Courts, which are conferred with Magisterial powers and such staff shall be eligible for compensatory leave in lieu of the duty availed of during Onam and Christmas holidays and the duty availed of by such staff during mid summer vacation shall be treated as vacation duty.

The Circular NO.3/2008 dated 21-10-2008 issued earlier in this regard stands withdrawn.

(By order)

A.V,RAMAKRISHA PILLAI,·

 Registrar (Subordinate Judiciary)

           Dl (B) 38507/2008 Dated:4 -1-2009.

Sub: Trial Courts - pretrial release of accused on self bond as directed in Hussainara Khatoon and others Vs. Home Secretary, State of Bihar ( AIR 1979 SC 1360 ) - instructions - issued.

Ref: High Court Circular No: 13/72 .

 The Hon'ble the Supreme Court in Hussainara Khatoon Vs. Home Secretary, State of Bihar (AIR 1979 se 1360) has observed:-

"If the Court is satisfied after taking into account on the basis of the information placed before it, that the accused has his roots in the community and is not likely to abscond it can safely release the accused on his personal bond. To determine whether the accused has his roots in the community which would deter him from fleeing, the Court should take into account the following, factors concerning the .accused:- :

1) The length of his residence in the community.

2) his employment status, history and his financial condition,

3) his family ties and relationships,

4) his reputation~ character and monetary condition,

5) his prior criminal record including any record or prior release on recognizance or on  bail, 

6) the identity of responsible members of the community who would vouch}or his reliability,

7) the nature of the offence  charged and the apparent probability of conviction and. the likely sentence in so far as these factors are relevant to the risk of non - appearance, and

8} any other factors indicating the ties of the accused to the community or bearing on the risk of willful failure to appear. "

The attention of Subordinate Judicial Officers is invited to the dictum of the decision reported in Hussainara Khatoon Vs Home Secretary, State of Bihar (AIR 1979 SC1360), for compliance as and When necessary.

(By Order)

A.V. RAMAKRIHNA PILLAI

REGISTRAR (SUBORDINATE JUDICIARY)

No: D1(B)/68235/2008 dated 28.01.2009

CIRCULAR No: 3/2009

Sub: Diplomatic Immunity to Foreign Embassies and envoys - issue of summons/judicial process by Courts - instructions - issued.

Ref: High Court Circular No: 36/58.

The Additional Legal Advisor to the Government of India, Ministry of Law and Justice, Department of Legal Affairs, Judicial Section, New Delhi has invited the attention of the High Court to the obligation of judicial courts in the country to comply with the provisions of the Vienna Convention on Diplomatic Relations, 1961, which shall have the force of law in India, with respect to the immunity to diplomatic envoys received by the Government of India against civil and criminal matters.

In the circumstances, the subordinate courts are hereby directed to issue summons, notice etc., to diplomatic envoys received by the Government of India in matters following under clause 1(a), (b) and (c) of Article 31 of the provisions of the Vienna Convention on Diplomatic Relations, 1961, only through the Ministry of External Affairs, Government of India and routed through the Iligh Court as per the circular cited, in view of the immunities and privileges available to diplomats in judicial matters by virtue of Article 31 referred above.

( By Order)

A.V.RAMAKRISHNA PILLAI

REGISTRAR SUBORDINATE JUDICIARY)

Appendix:

APPENDIX

THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS, 1961

ARTICLE 31

1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

a) A real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

b) An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

c) An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

-----

                   D1 (B) 30318/02/D1 (A) Dated - 27-1·2009

Sub: Simultaneous filing of applications for bail in the Sessions Court and in the High Court Instructions -Regarding.

It has come to the notice of the High court that in some cases Bail  applications are filed simultaneously before the High Court and Sessions Courts. This may lead to contradictory decisions by two authorities and hence occurrence of such instances should be avoided.

To avoid this, the Sessions Judges in the State are directed to insist for inclusion of a statement in the Bail application as to whether any other Bail Applications in the same matter, is pending before any other Court. or whether any other bail application in the matter had been disposed of by any other Court. It is also clarified that non inclusion of such a statement in the Bail Application would only be treated as a curable defect.

All the Sessions Judges in the State are hereby directed to follow the

instructions scrupulously.

(By Order)

A.V.Ramakrishna Pillai,

Registrar (Subordinate Judiciary)

     Dl (A)-1/2008/GRS Dated: 22/01/2009 .

Sub: Drafting of decrees in   MACAS - Regarding.

High Court has decided to dispense with the practice of drafting of  in MACAS. Hence the Motor Accidents Claims Tribunals are informed that they can proceed with the execution proceedings on  receipt of Judgments in MACAs from the High Court

(By Order)

A.V Ramakrishna Pillai

Registrar, (Subordinate Judiciary)

Sub.-Adopting of the procedure laid down in Records Destruction Rules in Appendix VIII of the Civil Rules of Practice, Kerala for destruction of records of Family Court-Instructions issued.

The High Court took note of the alarming accumulation of old 'records in Family Courts in the State owing to the absence of any specific provision with . regard to the destruction of such records; and decided to bring in appropriate amendments to the Family Courts (Procedure) Rules, 1989.

The High Court having considered the urgency of the matter, decided to issue guidelines and instructions in exercise of the powers conferred on it under Rule 20 of the Family Courts (Procedure) Rules, 1989, with regard to the disposal by destruction or otherwise" of the records of Family Courts, without awaiting the amendment above-mentioned.

Therefore the Family Court Judges are hereby directed to carry out the disposal by destruction or otherwise of the old records in the possession or custody of Family Courts in the State in accordance with the provisions contained in the Records Destruction Rules,1966 in Appendix VIII of the Civil Rules of Practice, Kerala. .

A. V. RAMAKRISHNA PILLAI, Registrar (Subordinate Judiciary).

                   IC-23808/2005 Dated 25th September 2006

Sub.-Functioning of Fast Track Courts in the State-Instructions issued.

 Ref-I. High Court O.M. No. D4 (B) 3884/2002 dated 4th July 2002.

2. High Court O.M. No. D4 (E) 11081/2005 dated 18th March 2005.

3. High Court O.M. No. D3(A) 9280/2005 dated 13th July 2005:

4. High Court O.M. No. J2- 71420/2005 dated 14th October 2005.

As per the references cited, instructions were issued to the effect that Fast Track Courts which are ad-hoc in nature, are additional Courts to the respective District and Sessions Courts and are supposed to function under the administrative control of the Principal District and Sessions Courts concerned. It was also instructed therein that the records, property etc. of the Fast Track Courts are to be kept in the record/property room of the Principal District and Sessions Court and the staff of the Principal District and Sessions Court shall have responsibility for the same.

It has come to the notice of the High Court that inspite of the above instructions, Fast Track Courts in some districts are functioning like independent Courts maintaining all Court Registers separately and keeping property items in the respective Courts. It is also noticed that communications from these Fast Track Courts are being sent directly to the High Court without routing the same through the Principal District and Sessions Courts concerned.

The High Court having considered the entire matter in detail, issue the following instructions for strict compliance.

1. Fast Track Courts which are adhoc in nature, are Additional District and Sessions Courts attached to the respective District and Sessions Court and are under the administrative control of the Principal District and Sessions Court concerned.

2. AU communications from the Fast Track Courts including the 'leave applications' of the Presiding Officers as well as the applications seeking permission to leave the jurisdiction shall be routed through the Principal Distinct and Sessions Court concerned. The Presiding Officers of the Fast Track Courts who are intending to be on leave shall give prior intimation in writing to the Principal District and Sessions Judge, for the purpose of making necessary charge arrangements.

3. "All funds including the funds under the head of account 2014-00-800-90 upgradation of standards of administration under the Award of the XI Finance Commission" required for the functioning of the .Fast Track Courts will be allotted to the Principal District and Sessions Court concerned and the Principal District and Sessions Court will reallot the funds to the Fast Track Courts within its administrative control. All requests for funds/ceiling will be made and the statement of expenditure will be forwarded to the High Court through the Principal District and Sessions Court concerned. The Principal District and Sessions Judge will ensure that sufficient funds are re allotted under the head of account '2014-800-90-33' to the District Collectors concerned for the payment for professional and special services.

4.· The Fast Track Courts will draw and disburse the amounts under the head of account '2014-00-800-90'. All other amounts will be drawn and disbursed by the Principal District and Sessions Courts where the Fast Track Courts are situated at District Court centers and in other places by the Additional District and Sessions Courts situated there.

5. The Fast Track Courts shall maintain only those accounts and registers which are being maintained by the other regular Additional District and Sessions Courts. This is to ensure effective utilisation of manpower so that the. thrust is on bench work and disposal. However, complete books of accounts and registers shall be maintained by Fast Track Courts in respect of the funds allotted to and disbursed by the Fast Track Courts from the head of account "2014-00-800-90 upgradation of standards of administration under the Award of the XI Finance Commission" which is exclusive to Fast Track Courts.

6. The case records/property items of Fast Track Courts shall after being entered in the registers of the Principal District and Sessions Court be kept in the records/property room of the Principal District Court under the responsibility of the staff attached to the Principal District Court, as is being done in the case of the regular Additional District arid Sessions Courts. In the case of the Fast Track Court at Mavelikara, the case records/property items shall be kept in the Additional District and Sessions Court I, Mavelikkara under the responsibility of the staff concerned attached to the Court. In the case of the Fast Track Court at North Parur, it shall be kept in the Additional District and Sessions Court, North Parur under the responsibility of the staff concerned attached to the Additional District and Sessions Court, North Parur.

A. V. RAMAKRlSHNA PILLAI, Registrar (Subordinate Judiciary).

                   D1(B) 72757/23005 dated 3rd October 2006

Sub.-Payment of Commission batta to the Advocate Commissioners and Surveyors in Civil cases in which legal aid is given-Fixation of.

Ref-High Court Circular No. 21/70, dated 12th June 1970.

In continuation of the High Court Circular cited above, a maximum amount of Rs. 500 each is fixed as batta to the Advocate Commissioners and Surveyors in Civil Cases in which legal aid is given and the same can be given from the funds of District Legal Services Authorities or by the Taluk Legal Services Committee.

A. V. RAMAKRISHNA PILLAI, Registrar (Subordinate Judiciary).

          B1-66596/2004 Dated 19th March 2005

Sub.-Judicial Officers on deputation as Presiding Officers of Tribunals under the Government and are under the Superintendence of the High Court--'-forwarding of requests/ applications to the Government-Revised instructions-Issued.

Ref-High Court Circular No. 2/85 dated 11-5-1985.

By the Circular cited, the High Court had instructed all Judicial Officers who are on deputation to other department/Tribunals under the Government that whenever such officers forward applications/requests to the Government, the same shall be routed through their immediate official superior to the High Court and the High Court shall transmit the same to the concerned authority unless it is decided to withhold them.

It IS seen that despite the above instruction, Judicial Officers who are on deputation as Presiding Officers of Tribunals who 'are under the Superintendence of the High Court despite their appointment being done by the Government, still forward requests/applications direct to the Government without following the procedure prescribed .above.

The High Court hereby instructs that whenever the Judicial Officers who are on deputation including the Enquiry-Commissioners and Special Judges at Thiruvananthapuram, Thrissur and Kozhikode want to make any communication or correspondence relating to their service including leave application or other requests to the Government, the: same shall be done only under intimation to the High Court in compliance with ,High Court Circular No. 2/85 dated 11-5-1985 and by enclosing a copy of the relevant communications as they still continue under the direct Superintendence of the High Court despite their appointment being' done by the Government.

Failure to comply with the above instructions will be viewed seriously.

A.V. RAMAKRISHNA PILLAI, Registrar (Subordinate Judiciary).

                             B1-18481/2003 Dated 17th October 2003

Sub.-Granting of Leave to Principal Counsellors of Family' Courts in the State-Empowering the Judges of Family Courts to sanction all kinds of leave to Principal Counsellors-Regarding.

Ref-High Court Circular No. 9/86 dated 9-7-1986.

By the High Court Circular cited, the Principal District Judges were empowered to sanction all kinds of leave to Sheristadars of the District Courts, Additional District Courts, Sub Courts and Senior Superintendents of District Courts of their respective Districts. Along with the Principal District Judges, the Special Judge for the trial of CBI Cases at Ernakulam, and Presiding Officers of Motor Accidents Claims Tribunals, State Transport Appellate Tribunal, Chief Judicial Magistrates and Additional Chief Judicial Magistrate at Ernakulam also were empowered to sanction all kinds of leave to the Sheristadars of their Courts.

2. With the introduction of the post of Principal Counsellors of family Courts in the State, a doubt has arisen as to who should be the authority to sanction leave to Principal Counsellors of Family Courts.

3. The High Court after considering the matter is pleased to clarify that the power to sanction all kinds of leave to Principal Counsellors of Family Courts, in addition to Sheristadars of Family Courts will be vested on the Judges of Family Courts under whom the Principal Counsellor/Sheristadar serve.

4. The other directions relating to the granting of leave as contained in the High Court Circular cited will hold good in the case of Principal Counsellors/ Sheristadars of Family Courts also.

A. V. RAMAKRISHNA PILLAI, Registrar.

2004-NIL

                             D1(B)-26008/1997 Dated 1 st September 2003

Sub.-Supreme Court Judgment in

The Honourable Supreme Court of India, in Mohammedrafiz Husenmiya Thakor and others v. State of Gujarat [1997 (1) Supreme 111 to 114], in order to impress upon the trial courts of the need to indicate the rank of the accused, besides using the name, while recording evidence in cases involving multiplicity o( accused, observed that it would be profitable for the High Courts to issue Circulars to the trial courts to implement the aforesaid practical suggestion to avoid possible miscarriage of justice resulting solely on account of defective and truncated recording of evidence in criminal cases of the case.

All the Subordinate Judicial Officers are therefore directed to see that the rank of the accused besides their name is indicated, while recording evidence in cases involving multiplicity of accused.

A. V. RAMAKRISHNA PILLAI, Registrar.

          D1(B) -25173/2002 dated 11/4/2003

Sub: Filing of Vakalaths/Petitions· on behalf of Prosecution witnesses, by Advocates

Instructions issued Regarding .

 It. has been brought to the. notice to the High Court that the counsels allowed to assist the Assistant Public Prosecutors are filing Vakalats and .Petitions on behalf of the prosecution witnesses without obtaining the consent of the Assistant Public prosecutor concerned and it is causing hindrances to the smooth functioning of the prosecutors. In the decision reported in Somasundaram Vs.Chandra Dose (2001 (2 )KLT 36), this High  Court has held that even in a case where permission is granted by the  Court under Section 301 (l) of the Criminal procedure Code, the right to file an application under Section 311 is available only to Assistant Public Prosecutor s and not to the counsel who is allowed to assist the  Assistant Public Prosecutor.In the decision reported in Hamsa  Vs. Assistant Public Prosecutor (1978 KLT 816) the High Court has held that it would be permissible  for a Private counsel engaged by the party to act just as a junior counsel acting for Senior subject of course to the direction of the senior. Hence filing of vakalath and petitions by Private Counsel engaged by  the party to assist the Assistant Public Prosecutor .on·beh21f of the prosecutor on behalf of the prosecution witnesses ,without obtaining the consent of Assistant Public Prosecutor is  irregular and not permissible under the code

In the circumstances, the attention of the Subordinate Judicial Officers in the state is hereby invited to the dictum laid down in the decisions referred to above. They are hereby  directed not to permit  filing of vakalath and petition by private counsel on behalf of the prosecution witnesses, without the consent of the Assistant Public Prosecutor concerned

D1 (B) 38199/2003                                    Dated 18th October 2003

OFFICIAL MEMORANDUM

Sub.-Filing of Vakalaths/Petitions on behalf of Prosecution Witnesses by Advocates-Circular l/2003-Regarding.

Ref-:-High Court Circular 1/2003 dated 11-4-2003.

In inviting attention to the reference cited, the under mentioned Officers are informed that the High Court Circular No. 112003 referred to above stands withdrawn.

A. V. RAMAKRISHNA PILLAI, Registrar.

          No. Dl (B)-13690/2001/D1 (A)   Dated 29th July 2002

Sub.-Subordinate Courts-Sessions Courts-Printing of judgments in Sessions Cases by the Subordinate Courts in· the State Authorisation to Sessions Judges to resort to Computer Printing also-Instructions issued.

The High Court hereby authorises the Sessions Judges in the State to resort to Computer Printing (in 'Arial 14 Font') also for purpose of printing of the judgments in Sessions Cases as per provisions in Rule 91 of the Criminal Rules of Practice, Kerala, 1982.

M. SASIDHARAN NAMBIAR, Registrar.

          D2(G)77085/99 Dated 16th July 2002

Sub.-Trial of cases-Marking of documents as exhibits-Instructions issued-Regarding.

Instances have come to the notice of the High  Court where during trial of cases documents are marked as exhibits quite inadvertently without verifying the actual availability of the documents before the Court for marking. Such documents purported to have been marked were found to be missing or not available.

All the Subordinate Judicial Officers are hereby alerted of the danger of marking, documents in a wholesale manner without verification. They are instructed to see that proper care is taken to verify the documents while marking them as Exhibits. In the case of documents already filed, they have to be examined with reference t,o the lists made available. When files are marked, the number of pages should be specifically referred to.

M. SASIDHARAN NAMBIAR, Registrar.

          C2-50318/2000 Dated 13th December 2001

Sub.-Judicial Department-Establishment-Extension of probation of members of the Service-Further clarification-Issued.

Ref-High Court Circular No. 3/89 dated 4-10-1989.

The High Court had clarified, in the Circular referred to, that the question of extension of probation of employees of the department arises only after the employee concerned has completed the period of probation, namely, continuous period of three years/two years, in the case of direct recruits/promotees, as the case may be. The Circular also clarified that the need for extension of probation arises only if an employee does not acquire the necessary qualification or does not complete the period of duty before completion of the outer limit of continuous period of three years or two years of service, as the case may be.

2. The State Government have pointed out in their letter D.O. No. 19611/Cl/ 94/Home, dated 15-2-1-995 that in the case of direct recruits and persons recruited by transfer, the period of probation prescribed is two years within a continuous period of three years. They have further pointed out that the period of probation has to be extended from the date on which a person completed the period of probation of two years on duty, if, within that period, the person concerned has not acquired the necessary test qualification. In the view of the Government, an employee should pass the mandatory tests during the period of probation of two years on duty within a continuous period of three years.

The higher limit of three years is allowed only to enable an employee to complete his period of two years on duty prescribed for probation. In short, the maximum period of three years is available, only for completion of the period of probation and not for acquiring the prescribed test qualifications. This position has been upheld by this Court in its judgment reported in ILR 1991 (1) Kerala 393.

The position that the prescribed test qualifications have to be acquired within the probationary period of two years has been upheld by the Honourable Supreme Court of India in its order dated 4th April, 2000 in Civil Appeal No. 2008 of 1997.

Having considered the entire matter in all its detail with reference to the Government letter and the Judicial decisions referred to in the foregoing paragraphs, and, in

The District Judges and Chief Judicial Magistrates will note the instructions in this Circular. Requests for extension of probation of incumbents· shall be taken up, if probation .extends beyond two years/one year, as the case may be.

(Sd.)

M. N. KRISHNAN, Registrar.

          D1(B) 18064/2000 

Sub.-Narcotic Drugs and Psychotropic Substances Act, 1985-Disposal of properties produced before Courts in NDPS Act cases-Instructions issued by the High Court in Circular Nos. 5/93 and 4/20000Revised Circular-Issue of.

The instructions issued by the High Court in Circular No. 5/93 dated 17th June, 1993 directed the Subordinate Judicial Officers in the State, inter alia, that in the matter of disposal of material objects produced before them in Narcotic Drugs and Psychotropic Substances Act cases, if the direction on the Judicial side is to dispose them of "by destruction"; it is open to them to contact the Narcotic Control Bureau or the Chairman of the Narcotic Drugs and Psychotropic Substances Disposal Committee (Police) formed by the Government of Kerala and decide upon the mode of destruction.

2. Subsequently, it was brought to the notice of the High Court that the Narcotic Control Bureau has no role to play in the matter of disposal of seized property in Narcotic Drugs and Psychotropic Substances Act cases. The Bureau suggested that the Court may direct the respective enforcement agencies to form Drugs Disposal Committees who can apply to the Court for release of the drugs for disposal. The Drugs Disposal Committee so formed may dispose of the drugs released by the Court following the guidelines for destruction contained in Government of India Standing Order No. 1/89 dated 13-6-1989 and submit a certificate of destruction to the Court. On the basis of the above revelations by the Narcotic Control Bureau, revised instructions were issued on those lines to the Subordinate Judicial Officers in the State in High Court Circular No. 4/2000 dated 17-11-2000. The instructions in Circular 412000 partially modified the instructions in Circular 5/93.

3. It has now been brought to the notice of the High Court that a Drugs Disposal Committee has been constituted in the Police Department of the State, by the State Government, as per orders issued in GO. (Rt.) No. 184/92/TD, dated 21-3-1992. The Committee has been notified as per provisions in clause 5 of the Government of India Standing Order No. 1/89 dated 13-6-1989. The Chairman of the Committee is the Deputy Inspector General of Police, Crime Investigation, Ernakulam, Kochi-682 016. Government have also notified range godowns to function at AR Camps at Kozhikode Rural and Kottayam and SAP Camp, Trivandrum and designated the Assistant Commandants of the respective camps as godown officers to be responsible for the safe custody of the seized Narcotic Drugs and Psychotropic Substances.

4. In the circumstances, in modification of the instructions in High Court Circulars 5/93 and 4/2000, the Subordinate Judicial Officers in the State are hereby directed that whenever material objects in Narcotic Drugs and Psychotropic Substances Act cases are produced before them, they shall direct the Investigating Agency to deposit the drugs in the range go down concerned, subject to further orders of

the Court regarding its production. The Court ordering disposal of seized objects by destruction shall intimate the Chairman of the Disposal Committee of the same. The Committee shall be directed to send a Certificate after destruction of the seized objects to the Court and it shall be incorporated in the case bundle for purpose of record.

(Sd.)

M. N. KRISHNAN, Registrar.

          D1(B) 18064/2000 Kochi-682 031 Dated 17th November 2000

Sub.-Narcotic Drugs and Psychotropic Substances Act-Disposal of properties produced in Courts-Instruction issued in Circular No. 5/93-Clarification issued.

The problems connected with the disposal of material objects produced in the Subordinate Courts in the State in cases under the Narcotic Drugs and Psychotropic Substances Act were considered by the High Court in detail and necessary instructions were issued in Circular No. 5/93 dated 17-6-1993. It was instructed that, if the court concerned, issued direction on the Judicial side, to dispose of the material objects by destruction, the Narcotic Control Bureau or the Chairman of the Narcotic Drugs and Psychotropic Substances Disposal Committee (Police) formed by the Government of Kerala may be contacted and the manner of destruction decided upon.

The Special Judge for trial of N.D.P.S. Act cases, Thodupuzha has now reported to this Registry that when contacted from his office in connection with the disposal of the material objects in certain cases disposed of by his predecessor, the Narcotic Control Bureau informed that where the seized property is in the custody of the Court, they have no role in its disposal. The Bureau suggested

that the Court may direct the respective enforcement agencies to form a Drugs Disposal Committee who can apply to the Court for release of the drugs for disposal. The Drugs Disposal Committee may dispose of the drugs released by the Court following the guidelines for destruction contained i1;J. Government of India standing order No.1/89 dated 13-6-1989 and submit a certificate of destruction to the Court.

In the circumstances, in partial modification of the instructions in Circular No. 5/93 dated 17-6-1993, the Subordinate Judicial Officers in the State are hereby directed that they shall contact the enforcement agencies to form a Drugs Disposal Committee in their respective districts.

The Committee shall be directed to prepare a list of seized drugs ripe for disposal with reference to cases detected by the prosecuting agency and pending with or filed before the respective Court, and to approach the Court for release of the drugs for disposal. The drugs released by the Court shall be disposed of by the Committee as per directions for destruction contained in standing order No. 1/89 dated 13-6-1989. The Committee shall then submit to the Court a certificate of destruction, in each case, for purpose of record.

M. N. KRISHNAN, Registrar.

          D1(B)12924/2000 Dated 18th October 2000

Sub.- Time bound disposal ordered by Superior Courts-Failure to comply with the directions-General Instruction issued-Regarding.

The attention of all the Subordinate Courts is invited to Circular read above. Inspite of the said instructions instances of non-compliance of orders of the Superior  Courts to dispose of a suit or other proceedings within the time-limit fixed by the High Court are noticed. It is absolutely necessary that such instructions from the Superior Courts are brought to the notice of the Successive Presiding Officers of the Courts as soon as they are received or immediately on the Officer taking charge at the station, as the case may be. In furtherance of the instructions in Circular No. 4/86 it is hereby instructed that all the courts below shall maintain a Register as shown below and shall make necessary entries regarding the directions from the Superior Courts. It shall be the duty of the Chief Ministerial Officer of the Court concerned to bring the Register to the notice of the Presiding Officer as soon as the direction from the Superior Court is received or immediately on the Presiding Officer assuming charge.. The Presiding Officer shall acknowledge having seen the Register by affixing his initials with date.

M. N. KRISHNAN, Registrar.

REGISTER OF CASESSHOWING COMPLIANCE OF DIRECTIONS ISSUED BY THE SUPERIOR COURT

SL.No

Number of the case

Name, No. and Date of receipt of instructions  from the Superior Court      

Date on whi steps are instructed  to be taken/orders   passed      

Nature of Disposal    of the  Case       

compliance of instruction    

Remarks

1

2

3

4

5

6

                   D1(B)-1443/2000Dated 18th February 2000

Sub.-Serving of Summons in Prosecution cases filed by Inspectors of Factories and Boilers Department-Instructions issued-Regarding.

Attention of all Criminal Judicial Officers is invited to the Circular read above. It has now been noticed that some of the Criminal Judicial Officers are insisting the Inspectors of Factories and Boilers Department to serve summons to the accused through the Officers who have prosecuted the case. The Subordinate Judicial Officers are instructed to issue process in cases filed by Inspectors of Factories and Boilers Department through Police except in cases where Inspectors of Factories and Boilers Department offer to do so.

M. N. KRlSHNAN, Registrar.

D1(B)-7240/2000 Dated 4th February 2000

It has come to the notice of the High Court that a large number of cases posted for judgment are reopened and posted for rehearing, without showing any reason therefore. Reopening of cases where complex problems are involved can be justified. But, in routine matters such a practice has to be deprecated.

All the Judicial Officers will adhere to the following instructions scrupulously: (1) When a Presiding Officer feels that further hearing is necessary in a matter which is posted for judgment, he shall record reasons for reopening the matter.

(2) The matters so reopened shall be heard within two weeks from the date of reopening of the case.

(3) Judgment in such cases should be delivered within two weeks of the last date of hearing after reopening.

(4) If the above time schedule is not scrupulously adhered to, reasons, therefore should be recorded by the Presiding Officer.

By Order

M. N. KRISHNAN, Registrar.

D1(B)-65039/99 Dated 25th November 1999

Sub. -Crl. Appeal No.1045 of 1998 of the Honourable Supreme Court of India Directions to the Subordinate Courts-Regarding.

The attention of the Subordinate Criminal Courts in the State is invited to S. 309 (1) of the Code of Criminal Procedure, 1973 reading thus:

"In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded."

The Honourable Supreme Court of India in its judgment in Crl. Miscellaneous Petition 2326 of 1999 in Crl. Appeal No.1 045 of 1998 has observed that the mandate of the Parliament embodied in S. 309 (1) cannot be permitted to be flouted by the trial Courts unless the Court concerned has very cogent and strong reasons. The Honourable Supreme Court has further directed that no Court has permission to adjourn examination of witnesses who are in attendance beyond the next working day.

All the Subordinate trial Judges in the State are reminded of the need to comply with Section 309 of the Code of Criminal Procedure, 1973 in letter and spirit. They are informed that the High Court will be taking note of the conduct of any particular trial Judge who violates the legislative mandate in S. 309, and that appropriate Administrative action, as the law permits will be taken against any delinquent Judicial Officer.

By Order

M. N. KRISHNAN, Registrar.

          D2(J)-54532/97 Dated 31^st  August 1999

Sub.-Senior Advocates-Engagement of Senior Advocates-Memo of appearance to be filed-Instructions-Regarding.

Section 16 (2) of the Advocate's Act authorises, the High Court to frame rules and to designate an Advocate as Senior Advocate.

In order to have a uniform practice, it is hereby directed that in case a designated Senior Advocate is proposed to be engaged in any matter, the Advocate who has filed Vakalath therein shall file a memo to that effect as early as possible, in any case, before the case is included in the list.

(By order)

(Sd.) Registrar.

D1(B)-27525/97 Dated 20th November 1998

Sub.-Distribution of Warrants among Process Servers and Amins for execution-Monetary limit-Further enhancement-Instructions issued.

Ref-High Court Circular No. 3/91 dated 18-3-1991.

In supersession of the circular cited above, the High Court hereby directs that arrest warrants for sums up to Rs. 25,000 be entrusted with Process Servers for execution and that all other arrest warrants be entrusted with the Amins.

By Order

M. N. KRISHNAN, Registrar.

D2-26543/95, Dated 19.12.95.

Sub Instructions regarding the maintenance of  Register of property - regarding.

The High Court herby direct all the Subordinate Judicial Officers to follow the instructions regardin9 maintenance of the Register of Property in Form No.23 of Criminal Rules of Practice and also to see that whenever there is a charge of the Clerk in charge of the "register, the new clerk physically verifies and takes charge of all items of property and also that the Junior superintendent of the Court conducts a quarterly physical verification and submits a certificate to the Magistrate" concerned.

By Order

                                                          K.V.Sankaranarayanan,Registrar

Dated: 16th December 1995.

A doubt has arisen as to whether the Subordinate Courts in the State

With regard to the maintenance of the above said registers, it is seen that there is no uniform practice followed by the Subordinate Courts in the State.

The High Court, having Considered the matter in all its detail, in consultation with the Rule Committee, is pleased to direct the Subordinate Civil Courts in the State to maintain two separate registers, viz. 'Register of papers despatched  and  'Account book of Service Postage stamps' in forms C.R. 82 and C.R. 83 prescribed by the Civil Rules of Practice, Kera1a. The Subordinate Criminal Courts in the State shall also maintain two separate registers in forms C.R. 82 and C.R. 83 till rules are framed under Section 477 of the Code of Criminal Procedure, 1973.

(By order)

P. S. DIVAKARAN, Registrar.

No. D2-587l5/89/Dl Dated 26th August 1994

It has been brought to the notice of the High Court that when notices or orders in interlocutory applications like petitions for attachment, interim injunction etc., are served on the parties in newly instituted suits, they are not simultaneously served with copies of the plaints or main proceedings. So the parties are unable to understand the nature of the proceedings against them. The High Court after considering the problem, directs that in such cases, copies of the plaints or proceedings must also be served on the parties along with the notice Of order in the interlocutory applications, if not already served.

(By order)

K. V. SANKARANARAYANAN, Registrar.

          No. DI-34098/93 Dated 26th August 1993

Sub.-Committal of accused in Sessions Cases to prison -maintenance of registers in appellate courts for ensuring that persons convicted and sentenced to imprisonment do not escape without being sent to jail-I:

Ref-High Court Circular No. 10/1981, dated 29th July, 1981.

The High Court, in the Circular referred to, had instructed the Subordinate Judicial Officers in the State that they should make a note in the copy of any Judgment or Order

Instances have come to the notice of the High Court where, inspite of the above instructions convicted persons managed to see that no warrant of arrest was actually issued and continued to be at large.

The High Court hereby instructs the Subordinate Judicial Officers in the State to follow the instructions in Circular 10/1981, dated 29th July 1981, strictly. '

The Subordinate Criminal Courts including Sessions Courts in the State are directed to maintain a register captioned "Register of suspension of sentence pending appeal and release of appellant 01\ bail", wherein shall be entered the following details:

1. No. of the case.

2. Date of Judgment and nature of sentence with period of imprisonment and quantum of fine.

3. No .. Name of court and details of suspension of sentence and conditions imposed.

4. Date of appellate or revisional court's judgment or order and details (whether confirmed, reversed or modified). 

5. Details of steps taken for execution of the sentence and result.

All concerned shall follow the above instructions without fail.

 (By order)

K. V. SANKARANARAYANAN, Registrar.

           DI-16927/93  Dated 25th August 1993

Sub.-Subordinate Judiciary-Publication of books or articles and talk over the All India Radio, Doordarshan, etc. on matters relating to judiciary and Law by Subordinate Judicial Officers and employees of the Judicial Department- Instructions.

All Judicial Officers/Employees of the Judicial Department including those on deputation to other services are informed that whenever they wish to publish or cause the publication of any book or article in any journal or newspaper and/or wish to participate in any broadcast over the All India Radio or Doordarshan on matters relating to judiciary and law, they shall submit a copy of the book or article or the text of the speech in advance and obtain clearance from the High Court.

(By order)

K. V. SANKARANARAYANAN, Registrar.

          DI-59002/90 Dated 18th June 1993

Sub.-Framing of rules under the Guardian and Wards Act Matured and over due deposits remaining unclaimed in Subordinate courts-Disposal of-Regarding.

It has been brought to the notice of the High Court that a number of deposits made in banks and in other securities in the names of minors remain unclaimed even after the minors attain majority. When the deposits are made in the names of minors, the courts are unable to encash the deposits after the maturity period. This can be avoided if the amounts are deposited in the names of courts themselves.

It is hereby directed that in future, when amounts belonging to minors or persons under disability ire deposited in banks or other securities the deposits may be made in the names of courts themselves with suitable arrangement to renew them until the minors attain majority or the disability ceases. For example, an amount due to a minor in a case in Sub Court, Ernaku1am may be deposited in the name "The Sub Judge, Ernakulam, A/c " ..... ... minor" (insert name of minor). On attaining majority (or when the disability ceases) if the minor or the person who was under the disability does not claim the amount within a reasonable time, the courts may encash the deposit and deposit it in the C. C. D. account. If the amounts still remain unclaimed, it can be included in the lapsed deposit account.

It is further directed that the Presiding Officers should see that the Register of Investments in C.R. No. 71 is promptly maintained. The chief ministerial officers will be responsible for the periodical verification of the date of maturity of deposits and taking prompt steps for their renewal or encashment and payment to the parties on cessation of disability.

(By order)

K.V. SANKARANARAYANAN, Registrar.

          No. J2-50135/92 Dated 17th June 1993

sub.-Narcotic Drugs and Psychotropic Substances Act-Disposal of properties produced in Courts-Regarding.

The High Court has considered the problems connected with the disposal of material objects produced in the Subordinate Courts in the State in cases under the Narcotic Drugs and Psychotropic Substances Act.

The High Court holds the view that the rules 52 and 53 of the Kerala Narcotic Drugs and Psychotropic Substances Rules, 1985 do not concern any Narcotic Substance other than opium or opium mixture. Therefore the expression "all other articles" in rule 53 would refer only to those articles seized along with opium or opium mixture which are liable to confiscation. All other Narcotic Substances, if produced in court, cannot at any rate, be returned to the prosecuting agencies or police, nor can the same be sold in public auction as it is not contemplated by the Rules.

The High Court, therefore, directs that the material objects produced in the Narcotic Drugs and Psychotropic Substances Act cases, except opium or opium mixture can be destroyed provided the Court, on the Judicial side, passes orders under section 452 of the Code of Criminal Procedure for disposal "by destruction". If the direction, on the Judicial side, is to dispose it of by destruction, it is open to the Court concerned to contact Narcotic Control Bureau or the Chairman of the Narcotic Drugs and Psychotropic Substances Disposal Committee (Police) formed by the Government of Kerala and decide upon the mode of destruction. If it is not feasible to keep the Narcotic Substances in Court during the pendency of the trial, the Court can contact the aforesaid persons for keeping it in safe custody during such pendency, subject to further orders of the Court regarding its production and disposal.

The above instructions shall be followed without fail.

(By order)

K.V. SANKARANARAYANAN, Registrar.

          No. J2-41420/91 Dated 17th June 1993

Sub.-The precautionary measures to be taken for safe keeping of explosive materials-Regarding.

An instance has come to the notice of the High Court where an explosive item produced as thondy article in a Subordinate Court in the State led to a fire accident in the thondy room. The explosive item was produced in a Forest Range case which had been pending for years without final report.

The Criminal Rules of Practice do not contain any provision regarding handling of explosive item produced in Court as thondy article.

The High Court in the circumstances issues the following instructions regarding the precautionary measures to be t8ken for safe keeping of explosive material produced in Courts.

The Courts shall not keep in custody explosives produced before them under any circumstances. If any explosive substance is produced, the same sh::ill immediately be forwarded to the laboratory/ expert concerned for testing/analysing the Same and to send the certificate or report thereof to the Court. Along with sending such explosive substances to the laboratory/expert, instructions shall also be sent that, after analysis, the explosive substances shall be diffused or otherwise disposed of.

The above instructions shall be followed scrupulously.

(By order)

K.V. SANKARANARAYANAN, Registrar.

          No. DI-35334/91 Dated 12th April 1993

Sub.-Printing of judgments of the Subordinate Courts in the State-Authorisation to District Judges to resort to Computer Printing also-Instructions issued.

The High Court hereby authorises the District Judges in the State to resort to Computer Printing also as per the provisions in rule 255 of the Civil Rules of Practice, Kerala.

(By order)

K.V. SANKARANARAYANAN, Registrar.

No. DI-56357/87 Dated 2nd April 1993

Sub.-Maintenance amounts deposited in courts-Sending the amounts to the payees by Money order Issued.

The High Court, h Circular No. 5/78, dated 3rd May 1978, had instructed the subordinate Judicial Officers in the State that when maintenance amounts payable under section 125 of the Code of Criminal Procedure are received in Court and the person entitled to the amount is not present in court at the time to receive the same, the amount, less money order commission, should as far as possible be sent by the court by money order to the person entitled to the same.

2. In furtherance of the above instructions, another Circular No. 4{87, dated 25th November 1987 was issued directing, inter alia, that if there are any fractions of rupees remaining after sending the amount rounded nearest to the rupee, such fractions shall he kept in court deposit to be paid over to the party entitled to receive the same as and when it is claimed. These instructions were in the wake of the Government of India orders in August, 1986 that from then onwards fractions of a rupee will not be received in Post Offices to send money orders. 

3. The High Court had occasion to consider the entire matter again in consultation with the Subordinate Judicial Officers and the Rule Committee, High Court. Since the issue of Circular No. 4{87 there has been change in the rates of money order commission. The question of fractions rernaini'1g may not arise now. The difficulties which arose in complying with the instructions in Circular No. 5/78 may not also be there now.

4. Having considered the matter in all its detail, the High Court hereby instructs the Subordinate Judicial Officers in the State to follow the instructions in Circular No. 5/78 dated 3rd May 1978 with regard to disbursement of the maintenance amounts deposited in courts. The instructions in Circular No. 4/87, dated 25th November 1987 are withdrawn.

(By order)

K. V. SANKARAN'ARAYANAN

                                                                   Registrar.

          C1-22468/91 Dated 6th January 1993

Sub.-Confirmation in service of the staff of the Subordinate Courts-Clarification-Regarding.

Ref.-l. High Court Circular No. 2/79, dated 19th January 1979

2. High Court Circular No. 21/79, dated 27th October 1979

3. Circular Memo No. 8017/Rules-l/91/P and ARD, dated 22nd April 1992.

The attention of all the District Judges and the Chief Judicial Magistrates is invited to the references cited and they are informed that High Court Circular No. '21/79 is cancelled. They are directed to take immediate steps for confirmation of those who are promoted to the U. D. cadre as directed in the High Court Circular No. 2/79.

(By order)

K. V. SANKARANARAYANAN, Registrar.

No. B4-33901/92 Dated 17th October 1992

Ref.-l. The Kerala Judicial Service Rules, 1991.

 2. G. O. (Ms) No. 37/88/Home, dated 21st March 1988. 

3. G. O. (Ms) No. 1 35/88/Home, dated 4th November 1988.

Sub.-Kerala Judicial Service-Scheme of training for Munsiff-Magistrates-Issued.

The duration of training for the Munsiffs in the former Kerala Civil Judicial Service and Judicial Magistrates of the Second Class in the former Kerala Criminal Judicial Service prescribed as per the Government orders referred as second and third papers respectively is for a period of 13 weeks each.

Rule 8 of the Kerala Judkia1 Service Rules, 1991 provides that every person selected for appointment to the category of Munsiff Magistrates shall undergo such training as may be prescribed in that behalf by the High Court.

In the circumstances under rule 8 of the Kerala Judicial Service Rules, 1991, the High Court of Kera1a hereby prescribes the following revised scheme of training for 24 weeks for the candidates selected for appointment as Munsiff-Magistrates in the Kerala Judicial Service.

1. Training in the High Court                                   10 weeks

2. Training in the Civil Courts                                     5 weeks

3. Training in the Criminal Courts                               3 weeks

• 4. Training in the Police Department                         2 weeks

5. Training in the Revenue Department                        1 week

6. Training in the Forest Department                           1 week

7. T raining in the Forensic Science Laboratory

and the State Medico Legal Institute                            1 week

8. Training in the Regional Food Analytical

Laboratory                                                       1 week

                   Total                                         24 weeks

(By order)

K. V. SANKARANARAYANAN, Registrar.

          No. E4-54912/92/R. Dis.  Dated: 20th August 1992

Sub.-Adjournment of private complaints without taking sworn statements-Directions issued.

It has come to the notice of the High Court that in most of the courts in the State a large number of private complaints are being adjourned without taking sworn statements. All Judges and Magistrates are directed to strictly avoid delay in recording sworn statements and taking private complaints on file or their disposal.

(By order)

K. V. SANKARANARAYANAN Registrar.

          No. D1-22724/88  Dated 12th August 1992

Sub.-Payment of compensation amounts awarded in Motor Accidents Claims Petitions-Procedure prescribed Clarifications- Collection of Court Fee from the award amounts payable to claimants-Instructions-Issue of Regarding.

Ref':-High Court Circular No. 2/92, dated 2nd April 1992.

In continuation of the instructions contained in paragraph 2 of High Court Circular No. 2/92, dated 2nd April 1992, the High Court hereby directs the Motor Accidents Claims Tribunals in the State that the Insurance Companies be permitted to deposit the compensation amounts awarded in Motor Accidents Claims petitions by Cheques also.

2. The Motor Accidents Claims Tribunals in the State are also directed to bear in mind, while passing awards in claims petitions, the provisions of sub-rule (2) of rule 3970fthe Kerala Motor Vehicles Rules, 1989 and pass separate orders as to the total amount of compensation awarded with a break-up of (I) the amount to be paid to the claimants and (2) the Court fee to be deposited by the claimants from out of the total amount of compensation awarded. In such cases, the Tribunals shall instruct the Insurance Companies concerned to make the payments by two separate cheques.

(By order)

K. V. SANKARANARAYANAN, Registrar.

No. Dl-22724/88  Dated 2nd April 1992

Sub.-Payment of compensation amounts awarded in Motor Accidents Claims Petitions-Procedure prescribed regarding.

The procedure now being followed by the Motor Accidents Claims Tribunals in the State for payment of compensation amounts awarded in claims petitions is that the Insurance Companies and others concerned to remit the award amounts in Treasuries and the Tribunals on getting intimation of remittance from Treasuries, issue cheques to the parties. This procedure is found to be time consuming and cumbersome, causing inconveniences to all concerned.

2. After careful consideration of all matters and for the convenience of all concerned, the High Court hereby instructs the Motor Accidents Claims Tribunals to direct the respondents in claims petitions to get crossed Demand Drafts in the name of the claimants for the amount due under the awards and to file them before the Tribunals for being passed on to the parties after making necessary entries, as are found necessary, in the registers of the Tribunals, evidencing payment of amounts to the claimants.

3. In supersession of the instructions issued in High Court Circulars 6/87 and 4/88, the following instructions are also hereby issued for the proper management of the fixed deposits of compensation amounts awarded to minors by the Motor Accidents Claims Tribunals;

(a) The Motor Accidents Claims Tribunals shall deposit the compensation amounts awarded to mi·'10rs, in fixed deposits as far as possible in Treasury Savings Banks or in Nationalised Banks, or State Banks after notice to the parties concerned and taking care to see that the interests of the minors are not adversely affected and that the deposit reaps maximum advantage to the minors, with standing instructions to the Treasury Savings Banks/Nationalised Banks to renew the deposits until otherwise directed by the Tribunals.

(b) The deposit may, as far as possible, be made in such a way as to mature at the latest within six months of the minor attaining majority.

(c) The Motor Accidents Claims Tribunals shall keep a register showing the date of birth of the minor concerned, the date when he/she attains majority, the Treasury Savings Bank/B:1nk in which the compensation amount due to the minor is deposited and also the number of the case.

(d) The Motor Accidents Claims Tribunal shall intimate the minor about the deposit if, within six months from the date of his/her attaining majority, he/she does not claim the compensation amount.

(e) The Motor Accidents Claims Tribunal shall retain the fixed deposit receipt in safe custody.

M. C. MADHAVAN, Registrar.

          No. Dl-5623/92 Kochi-682 031, Dated 19th March 1992.

Sub.-Implementation of the recommendations in the report of the Arrears Committee-Instructions to the Subordinate Judicial Officers in the State-Issue of.

1. The Arrears Committee 1989- 90, in its report, has recommended the implementation of certain measures for the proper and prompt recording of evidence as also to avoid inordinate delay in furnishing certified copies of judgments, final orders etc., in the Subordinate Courts in the State. The recommendations are:

(I) Making free use of the provisions of Order XIX of the Code of Civil procedure, 1908 by the Subordinate Courts so as to avoid examination of witnesses in Court wherever possible and thereby ensure saving of courts' time.

(2) A copy of the judgment/order should be taken and authenticated immediately after its pronouncement and preserved in the copying section for the purpose of issuing certified copies wherever necessary.

2. The High Court has considered the matter and has directed that the recommendations of the arrears committee be brought to the notice of the Subordinate Courts in the State and they be instructed to follow the recommendations.

3. The attention of all the Subordinate Judicial Officers in the State is drawn to the recommendations of the Arrears Committee. They are directed to follow the recommendations.

(By order)

 M.C. MADHAVAN, Registrar.

          No. DI-55235/90. Dated 18th March 1991.

Sub.-Distribution of warrants among Process Servers and Amins for execution-Monetary Limit-Further enhancement Instructions issued.

Ref.-I. High Court Circular 12/77, dated 3rd August 1977. 2. High Court Circular 3/85, dated 5th June 1985.

In partial modification of the instructions contained in the circulars referred to above, the High Court hereby directs that arrest warrants for sums of Rs. 5,000 and below be entrusted with Process Servers for execution and that all other arrest warrant~ be entrusted with the Amins.

(By order)

M. C. MADHAVAN, Registrar.

          No. Dl-61243/90/D2 ,Dated 18th March 1991.

Sub.-

The following clarifications are issued to the instructions contained in High Court Circular No. 3/90, dated 10th October 1990 regarding holding of obituary references in the Subordinate Courts in the State.

1. The attendance of the Judicial Officers at the obituary references stands regulated by the conventions of the respective courts.

2. As regards the timings for holding of the references and the sittings of the courts thereafter, the instructions in circular 3/90, dated 10th October 1990 hold good.

(By order)

M. C. MADHAVAN, Registrar.

No. DI-34884/84. Kochi-682 031 Dated 21st January 1991.

Sub.-Service of process in criminal cases-Modification of the present arrangements-Instructions.

It has come to the notice of the High Court that the main reasons for the delay and ineffective service of processes and execution of warrants are:

I. Late despatch of papers by courts to concerned police stations, and

2. Lack of sufficient time for execution being granted by Courts.

The High Court having considered the matter in detail in consultation with the Director General of Police hereby directs the Subordinate Judicial Officers to adhere to the following instructions to enable speedy and effective execution of warrants etc.

The Police Officers need not return the warrants to the courts on the ground that there is no sufficient time for execution. The police officers may send a report to the com1: concerned stating the fact and the court may extend the time for execution of the warrant. The extension of time will be intimated to the police officer and in the light of the existing warrant and the subsequent order extending the time, arrest can be effected.

(By order)

M. C. MADHAVAN, Registrar.

No. Dl.28594/90 Dated: 10th October 1990

Sub. Subordinate Courts in the State-Holding of obituary references-Procedure to be followed.

The following instructions are issued in the matter of holding obituary reference in the Subordinate Courts in the State.

1. The reference may be held on the occasion of death of an Advocate practicing in any of the courts at the;: station or on the death of the sitting Judge presiding over any of the courts in that station, when a request in that behalf is made by the Bar Association concerned to the senior most presiding officer of the court of the highest jurisdiction at that station.

2. The reference shall be held in the court hall of the senior most Judge of the highest rank of the place at II a. m. by standing in silence for two minutes, followed by speeches, if any, by the President of the Bar Association and the Presiding Judge. Regular sittings of the Court should commence at 11.30 a. m.

3. The other judicial officers at the station shall not hold sittings during the period of reference.

This procedure will be followed on and from the 1^st  January, 1991 after informing the Bar Associations concerned.

(By order)

M. C. MADHAVAN, Registrar.

          No. DI-36786/87 Cochin-682031, Dated 30th March 1990.

Sub.-Copy applications filed in Subordinate Civil Courts-Under rules 239 and 241 of the Civil Rules of Practice, Kerala Levy of Fees under Schedule II Article II (a) of the Kerala Court Fees and Suits Valuation Act-Clarifications issued.

It has come to the notice of the High Court that the Subordinate Civil Courts are not following a uniform procedure in cases where a single copy application is filed for more than one copy of a particular document. It is clarified that in such cases separate application fee as per the rate prescribed in the Kerala Court Fees and Suits Valuation Act, 1959 should be levied for the additional copies of the same document which are applied for in a single copy application.

(By order)

M. C. MADHAVAN, Registrar.

          No. B2-7017/90. Cochin-682 031, Dated 1st March 1990.

Sub.-Promotion of Judicial Officers-Evaluation of quality of their work-Submission of Judgments for assessment regarding.

The Judicial Officers in the State are informed that once the judgments are assessed for evaluating the quality of their work, they shall not be entitled to send further Judgments for review or further assessment and that if the time for submitting the Judgments for assessment is found to be inadequate, the High Court may, for good reasons, grant extension of time.

(By order)

M. C. MADHAVAN, Registrar.

          No. B2-48845/89. Cochin-682 031, Dated 4th November 1989.

Sub.- Transfer and posting of Judicial Officers-Communication of orders-Instructions-Regarding.

It has come to the notice of the High Court that certain Judicial Officers have acted upon telephonic instructions, purported to be from the High Court, in the matter of transfers and postings. This is most improper and irregular. Orders of transfer and posting are not communicated by telephone. If, in extraordinary circumstances, any communication is received purporting to be that from the High Court, it should be noted that such communications are not authorised to be communicated by anyone other than the Registrar, the Joint Registrar or the Deputy Registrars. The Officers should ensure that

The message is an authentic one and sent by one of the aforesaid officers and for that purpose they should themselves phone back and get confirmation from the officer who has sent the message.

(By order)

M. C. M4DHAVAN, Registrar.

C2-1342 Dated 4th October 1989

Sub.- Judicial Department-Establishment-Extension of probation-Clarifications- Issued.

Rule 14 of the Kerala Judicial Ministerial Subordinate Service Rules dealing wit~ the probation of the members of the service provides that every person appointed to any category shall, from the date on which he joins duty, be on probation:

(i)           

and

(ii) If appointed from another category within the service for a total period of one year on duty within a continuous period of two years.

The High Court hereby clarified that the question of extension of probation arises only after the employees concerned have completed the period of probation, namely, continuous period of three years or two years, as the case may be. If a lower Division Clerk completes two years of duty and passes the test within the three years period of service, he/she does not require any order extending probation. Completion of two years of duty may be on the last date of completion of service of three 'tears. Therefore, need for extension of probation arises only if a person is not qualified or has not completed the period of duty within the maximum period prescribed for probation. Such extension can ordinarily be only for one more year of service within which period, the employee may complete either two years of duty or pass the obligatory tests.

The period of probation is not the period of duty, but the period of service. If a Lower Division Clerk completes probation within three years of service, though after the two years of duty, he is entitled to the benefit of rules 18 and 20 of the Kerala State and Subordinate Services Rules, 1958. If the period of duty alone is to be taken as the period of probation, there may not be any justification for the proviso incorporated by amendment to rule 24. Hence, the question of extension of probation can arise only in cases where a probationer does not acquire the necessary qualification before the outer limit, namely, continuous period of three years or two years of service, as the case may be.

The District Judges and the Chief Judicial Magistrates are directed to note the above clarification. They need request for extension of probation of incumbents only if the period goes beyond three years, or two years as the case may be.

(By order)

M. C. MADHAVAN, Registrar.

D1-8951/89 Dated 22nd June 1989

Sub.-Unsatisfactory preparation of appendix to judgments.

It has come to the notice of the High Court that appendices to Judgments are incomplete in many respects. For example, dates of exhibits are not often mentioned. Similarly, description of official witnesses are incomplete. Whether the witness is a Doctor, Sub Inspector or Village Officer is hardly ever mentioned. These make an appendix valueless and time has to be spent to ascertain details, which should be readily available. Even material objects are not often properly described. Ornaments or ingots are merely described as gold. This is all part of the tendency to shirk the work.

The attention of the Subordinate Courts is therefore invited to rules 132 and 134 of the Criminal Rules of Practice and they are directed to comply with the provisions in the Rules strictly and prepare appendices carefully with complete details, so that they are useful, and make reference easy.

The Supervising Officers shall oversee effective implementation of the instructions and non-compliance with the Same will be viewed seriously and appropriate action taken against those found responsible in the matter

(By order)

M. C. MADHAVAN, Registrar.

          D1-51125/88 Dated 16th January 1989

Sub.-Land Acquisition References-Judgments to show the date of publication of the preliminary notification made under section 4 of the Land Acquisition Act, 1894

All the Subordinate Judicial Officers are hereby instructed that in all the Land Acquisition Reference Judgments, they should give (i) the date of publication of the preliminary notification made under section 4 of the Land Acquisition Act, 1894 as amended by the Land Acquisition (Kerala Amendment) Act, 1985 (ii) the number and area of lands acquired (iii) the relevant date with reference to which compensation is required to be determined (iv) date of taking possession and (v) date of award.

(By order)

M. C. MADHAVAN, Registrar.

I4-4395/88 Dated 25th October 1988

Under section 18 of the Kerala Gaming Act, 1960 the Magistrates are empowered to order payment of a portion of the fine not exceeding one-half which is levied under sections 3, 4, 7 or 8 and of the moneys M proceeds of articles seized and ordered to be forfeited under section 10 of the said Act. There if:; no provision in the Act empowering the Magistrates for directing payment of any portion of the fine levied under section 15 of the Act.

The attention of all the Judicial Magistrates is directed to the aforesaid provision of law and they are directed to follow the same and act only in accordance with them.

(By order)

M. C. MADHAVAN, Registrar.

                             D1-33023/88 Dated 20th August 1988

Sub.-Court records-Endorsements made by the Judicial Officers to be clear and decipherable-Instructions-Issued.

All the Subordinate Judicial Officers are hereby instructed that the endorsements made by them on the court records shall be clear, decipherable and easily understandable by the appellate or revisional courts. Any illegible" and/or slip-shod endorsements will be viewed with displeasure.

All endorsements shall also bear clearly the date, the month and the year concerned.

(By order)

M. C. MADHAVAN, Registrar.

                             No. DI-22206/88  Dated 30th July 1988

Sub.-Petitions for maintenance-Expeditious disposal- Instructions-Issued .

Judicial Officers are hereby directed to ensure that proceedings for maintenance under section 125 of the Code of Criminal Procedure are expeditiously disposed of and that they are promptly enforced to avoid hardships and inconvenience to the parties.

(By order)

M. C. MADHAVAN, Registrar,

          D1-11355/88 Dated 26th March 1988

Sub.-Daily cause list-Identity of Counsel-Instructions-Issued.

It has been brought to the notice of the High Court that in the Special Lists published in the Subordinate Courts, the identity of counsel is usually indicated with reference to the initials of the names of counsel. If there is any error in the initials, then counsel may not naturally realise that the cases listed in the list are their cases.

All the Subordinate Judicial Officers are hereby directed that while publishing the special list, the draft or the final one, the identity of counsel appearing shall be indicated by the names of counsel and not merely by initials.

(By order)

M. C. MADHAVAN, Registrar.

                   Dl-55186/87  Dated 15th March 1988

Sub.-Motor Accidents Claims Tribunals-Fixed deposit receipts in favour of minors-Further instructions-Issued.

Ref-High Court Circular No. Dl-13866/85 dated 2nd January 1988 (Circular No. 6/87)

In partial modification of the High Court Circular cited, the following further instructions are issued for strict compliance by the Motor Accidents Claims Tribunals.

(a) The deposit may, as far as possible, be made in such a way as to mature at the latest within six months of the minor attaining majority.

(b) The deposit may be made in such schemes available as to provide the maximum advantage to the minor.

(By order) M. C. MADHAVAN, Registrar.

          Cochin-682 031 Dated 15th March 1988.

Sub.-Prevention of Food Adulteration Act, 1954-Trial of cases on specified days-Instructions-Issued.

The Director of Health Services has informed the High Court that there are instances of posting cases under the Prevention of Food Adulteration Act, 1954 in more than one courts in which the same Food Inspector is the complainant. One Food Inspector has to attend two to three courts in addition to his routine work. The Director of Health Services has therefore made a request to the High Court to give necessary instructions to the Magistrates to post the cases under the Prevention of Food Adulteration Act, on one or two specified days in a week.

The High Court has considered the matter and all the Magistrates are hereby directed to post the cases under the Prevention of Food Adulteration Act to one or two specified days of a week.

(By order)

M. C. MADHAVAN; Registrar.

D1-29762/87 , Dated 14th March 1988.

Sub.-Witness Summons-Serious irregularities in the issue of summons-Instructions issued.

It has been brought to the notice of the High Court, during the hearing of Criminal M. C. 612/86 that there are serious irregularities in the issue of Summons in trial courts. Summons was not sent to all the witnesses to whom Summons was ordered and there were 1:0 entries in the Court records regarding issue of Summons.

After considering the matter, High Court feels it necessary to draw the attention of the Trial Magistrates to the guidelines laid down in the following decisions:

1. Under section 540 of the old Code (See 311 of the Code of Criminal Procedure 1973), the Court has unrestricted powers of summoning a witness and it is not only the prerogative but also the plain duty of the Court to examine such of those witnesses as it 'Considers necessary for doing justice. When parties do not produce evidence, it is the duty of the Court in the interests of justice to Summon such of the witnesses whose evidence is necessary for a just decision of the case. (State v. Aboobacker, 1960 KLT 1142).

2. Trial Magistrates' refusal to entertain further evidence in the case will amount to an overlooking of some evidence in the case attracting interference under section 439 of the Old Code (Section 491 of the Cr. P. C. 1973).

It is necessary for the Magistrate to examine the witnesses who are to be produced by the prosecution and after hearing the evidence, he may dispose of the case on merits in accordance with law. (Sadasivan v. Rajagopalan, 1970 KLT 399).

3. There may be cases where summons is not served or in spite of service of summons the witness may not attend the Court. When the circumstances require and in appropriate cases, the Criminal Court may have to pursue the matter and take coercive steps by issuing warrant of arrest. In the Criminal Judicial Process, the prosecution must be enabled to produce all the necessary evidence before Court so also the defence". (State of Kerala v. Abdulla, 1984 KLT 452).

4. In a Summons trial, the Magistrate is not having the option to close the prosecution evidence unilaterally against the desire of the prosecution without examining all the prosecution witnesses on the ground that no useful purpose is going to be served or otherwise. The Court is bound in such cases to assist the prosecution in procuring the witnesses it wants to examine and examine them. [Balakrishna Panicker v. Thevan, 1987 (1) KLT 628].

The trial Magistrates are requested to adhere strictly to the above observations and any lapse in this regard will be viewed seriously

(By order)

M. C. MADHAVAN, Registrar.

                   D1-23513/84 Dated 29th January 1988

Sub.-Summary disposal of cases under the Motor Vehicles Act-Form of summons-Instructions-Issued.

Form No. 30 in the Second Schedule to the Code of Criminal Procedure, 1973 is the form of summons to a person accused of a petty offence which is presently used in offences charged under the Motor Vehicles Act, 1939. But in view of the Note contained in the said form the maximum fine that can be specified in the said summons is only Rs. 100. But under section 130 of the M. V. Act, there are offences for which punishment by way of fine exceeds Rs. 100 and Form No. 30 is inadequate for the purpose.

In the circumstance, all the Subordinate Judicial Officers are directed to use Form No.30 in the Code of Criminal Procedure, 1973 as the form of Summons in summary trial of cases under the Motor Vehicles Act deleting the note there under.

(By order)

M. C. MADHAVAN. Registrar

D1-13866/85, Dated 2nd January 1988

Sub.-Motor Accidents Claims Tribunals-Fixed Deposit Receipts in favour of minors-Guidelines-Issued.

The following instructions are hereby issued for the proper management of the fixed deposits of compensation amounts awarded to minors by the Motor Accidents Claims Tribunals for strict compliance.

(a) The Motor Accidents Claims Tribunals shall deposit compensation amounts awarded to minors, in fixed deposits either in nationalised banks or State Banks with a standing instruction to the Bank to renew the same until otherwise directed by the Tribunal.

(b) The Motor Accidents Claims Tribunals shall keep a register showing the date of birth of the minor concerned, the date when he/she attains majority, the Bank in which the Compensation amount due to the minor is deposited and also the number of the case.

(c) The Motor Accidents Claims Tribunal shall intimate the minor about the deposit if within 6 months from the date of his/her attaining majority, he/she does not claim the compensation amount.

(d) The Motor Accidents Claims Tribunal shall retain the fixed deposit receipt in safe custody.

(By order)

M. C. MADHAVAN, Registrar.

          Dl-4565/83. Dated 14th December 1987.

Sub.-Mobile Courts-Functioning of-Instructions-Issued.

The following instructions are hereby issued for the information and strict compliance by the various Mobile Courts in the State.

1. Copies of the Police reports shall be supplied to the accused u/s 207 of the Code of Criminal Procedure.

2. When the accused pleads not guilty they shall be released on self bond immediately with directions to appear before the Court on the next working day with sureties for executing fresh bail bond.

3. The accused shall not be detained in custody unnecessarily.

4. The vehicles shall not be taken into custody indiscriminately.

 (By order)

M. C. MADHAVAN, Registrar.

          Dl-49719/86.  Dated 25th November 1987

Sub.-Maintenance amount deposited in Courts-Sending the amount to the payee by Money Order-Further instructions-Issued.

Ref.-High Court Circular No. Dl-12973/77, dated 3rd May, 1978 (Circular No. 5/78).

The following further instructions are issued with regard to the disbursement of the maintenance amount received in Courts under section 125 of the Code of Criminal Procedure.

When maintenance amounts payable under section 125 of the Code of Criminal Procedure are received in Court and the person entitled to the amount is not present in court at the time to receive the same, the amount nearest to the rupee, less the M. O. Commission, should, as far as possible, be sent by the Court, by Money Order to the person entitled to the same. The balance fraction, if any, shall be kept in court deposit to be paid over to the party entitled to the same as and when it is claimed.

The circular cited will stand modified accordingly.

(By order)

M. C. MADHAVAN, Registrar.

          No. DI-34356/86.  Dated 29th October 1987.

Sub.-Police cases-Procedure to be followed-Instructions_ Issued.

Police Re-organisation Commission, headed by Shri T. A. S. Iyer, then Inspector General of Police, in its report on the review of the work of the Kerala Police Department, recommended measures for improvement of the working of the Police Department, with the co-operation of the judiciary. The High Court, after considering the recommendations hereby issues the following directions:

(I) Cases charged by particular police stations should be posted to the first, second or third day of the week depending on the availability of time and to the extent possible.

(2) Acknowledgements should be given from the court when documents are filed in the court by police.

(3) District Judges shall Convene conferences of District Magistrates, Superintendents of Police and Public Prosecutors periodically, to discuss administrative matters pertaining to prosecution of police cases.

These instructions shall be strictly complied with by Subordinate Judicial Officers.

(By order)

M. C. MADHAVAN, Registrar.

          D1-54201/86  Dated, 18th July 1987

Sub.-Prevention of Food Adulteration Act, 1954-Impleading manufacturer, distributor or dealer as co-accused under section 20 A of the Act-Instructions issued.

It has been brought to the notice of the High Court that in disposing of the cases under the Prevention of Food Adulteration Act, 1954, the trial Magistrates are not bestowing their attention to section 20 A of the Act.

In order to avoid multiplicity of proceedings and conflict of findings it is imperative that the Magistrates should implead the agencies mentioned in section 20 A of the Act whenever the conditions laid down in the section are satisfied.

The attention of all Magistrates are invited to the observations of the Supreme Court in V. M. Kamdar and another v. Municipal Corporation, Delhi reported in A.I.R. 1973 S. C. 2246, especially to the following:

“The real purpose of enacting section 20 A is to avoid, as far as possible, conflicting findings. If, in the

distributor or dealer, it is found on the evidence that he did not give a false warranty but that the article was not stored properly while it was in the possession of the vendor or that he did not sell the article in the same state as he purch3.sed it. This being so, the object of the legislature in enacting the section will be frustrated if a Magistrate were to exercise his discretion properly by failing to implead the manufacturer, distributor or dealer under section 20-A in a case where he should be impleaded. But that is no reason to hold that a separate prosecution against the manufacturer, distributor or dealer would be barred, if he is not impleaded under section 20 A, and tried along with the person who is alleged to have committed an offence under the Act. In order to avoid multiplicity of proceedings and conflict of findings it is imperative that the Magistrate should implead these persons under section 20 A whenever the conditions laid down in the section are satisfied. As I said, it is a far cry from this to say that if this is not done, the manufacturer, distributor or dealer would get immunity from a sepal ate prosecution. "

All the trial Magistrates are hereby instructed to bear in mind the above observations in dealing with cases under the said Act.

(By order)

M. C. MADHAVAN, Registrar.

          D1-36372/86 Dated 12th December 1986

Sub.-Prevention of Food Adulteration Act , 1954- Strict compliance with the provision in Section 13(2-B)- Instructions-Issued.

It has been brought to the notice of the High Court that the trial Magistrate3 are not complying with the provisions contained in section l3(2-B) of the Prevention of Food Adulteration Act, 1954. Before sending the sample to the Central Food Laboratory, Magistrates are duty bound to verify whether the mark and seal as provided in clause (b) of sub-section (1) of section 11

The attention of all subordinate judicial officers is drawn to the matter and they are hereby directed to comply strictly with the provisions contained in section 13 (2-B) of Prevention of Food Adulteration Act, 1954.

By Order

M. C. MADHAVAN, Registrar.

B2-30135/86Cochin-682 031 Dated 10th November 1986

It has come to the notice of the High Court that Service Associations of the Judicial Department send representations/ memoranda direct to the State Government instead of routing the same through the High Court. In some other cases it is found that advance copies of the representations/memoranda are sent direct to the Government when the originals are submitted to the High Court for consideration· The following instructions are issued to regulate the submission of representations/memoranda from service organisations and employees under the control of the High Court.

No service association or an employee of the Judicial Department shall send any representation/memorandum or advance copy thereof direct to the State Government. If an association or an employee desires to submit any representation/memorandum to the Government, it shall be routed only through the High Court and the High Court shall consider whether it requires to be forwarded to the Government.

(By order)

M. C. MADHAVAN.

Registrar.

          CMP section ,  Dated 24th July 1986

Sub.-References under the Customs Act 1962, the Central Excises and Salt Act, 1944 and the Gold (Control) Act, 1968, etc., by the Appellate Tribunals to the High Court-Mode of numbering-Regarding.

Ref.-Amendment to the Rules of the High Court of Kerala 1971-High Court file No. Dl-343/81, dated 25thJuly 1985.

It has been brought to the notice of the High Court that consequent on the amendments introduced in the Customs Act, 1962, Central Excises and Salt Act, 1944, and Gold (Control) Act, 1968, the Collector of Customs or Central Excise or other party to the appeal may require the Appellate Tribunal to refer to the High Court any question of law for the opinion of the High Court. Accordingly, various references are being received in the registry of the High Court and they are being numbered as Referred Cases under the caption "Income Tax Reference". This mode of numbering often leads to confusion in tracing out the special category to which the references relate.

Hence the following mode of numbering of such cases will be followed in this court:-

When a reference is received under any of the above mentioned enactments in the High Court, it will be numbered as 'Referred Case' adding within brackets the particular enactment under which the reference is filed. For example, a reference under the Customs Act will be registered as "Referred Case No. . . . .. of 19 .... (Customs Act)" and so on.

Separate Registers for this purpose will be maintained in the office of the High Court with effect from 1st January 1986.

(By order)

`                  M. C. MADHAVAN, Registrar.

No. B2-28359/86, Dated 9th July 1986

The High Court has decided to delegate the power to grant all kinds of leave to the Sheristadars of all Civil and Criminal Courts and Head Clerks of District Courts and Additional District Courts, to the District Judges and the Chief Judicial Magistrates, as the case may be.

2. All the officers mentioned below grant all kinds of leave to the officers with effect from 1st August 1986.

(1) District Judges            --Sheristadars of District Courts, Add!. District Courts and Sub Courts and Head Clerks of District Courts and Add!. District Courts

are hereby empowered to noted against their names

(2) Special Judge and Additional--         Sheristadars.

Special Judge (CBI/SPE),

Ernakulam.

 (3) M.A.C.Ts.                                      Sheristadars                                               

 (4) S.T.A.T.                               Sheristadar

(5) Chief Judicial Magistrates               Sheristadars         

(6) Additional Chief Judicial                 Sheristadar

Magistrate, Ernakulam

3. Copies of the proceedings granting leave will be fm warded to the Accountant General (A&E) and (Audit), Trivandrum and the High Court, immediately.

4. In cases where substitute arrangements are necessary, the matter should be reported to the High Court along with copy of the proceedings as early as possible. On receipt of the same the High Court will take steps to make substitute arrangements.

5. Presiding Officers mentioned above will see that leave is sanctioned to Sheristadars/Head Clerks strictly in accordance with the rules prescribed for the same.

(By order)

M. C. MADHAVAN, Registrar.

          Cochin-682 031, Dated 7th January 1987

Sub.-Staff cars to the District Judges and Chief Judicial Magistrates-Instructions regarding the purposes for which cars can be used.

The following instructions are issued with regard to the purposes for which the staff cars allotted to the District Judges and Chief Judicial Magistrates can be used.

1. The District Judges and Chief Judicial Magistrates to whom Government cars are allotted and will be allotted hereafter are permitted to use the cars for their journey from their residences to Court and back. Such journey is treated as official.

2. The cars allotted to the District Judges at places where Chief Judicial Magistrates do not have allotted cars may be made available for inspection tours by the Chief Judicial Magistrates at those stations till such time Government cars are supplied to the latter. The District Judges and Chief Judicial Magistrates to whom cars are allotted will make available the cars to the other Judicial officers at the station in case the latter are directed to perform official duties outside the place of their duty.

3. The cars will be made available to the Honourable Judges and Senior Officers of the High Court whenever they go on official tours at the places 'where cars are available.

4. Even on private visits of Honourable Judges the cars may be made available for their journey from the railway station or airport as the case may be to the places of their halt and back, on no payment basis. The cars can also be used by the Hon'ble Judges for private purposes at Government rates in case the car is not required for any other official purposes.

(By order)

M. C. MADHAVAN, Registrar.

          No. P.P. 54926/85, Dated lith April 1986

Sub.-Jail Advisory Board-Premature release of Prisoners Details called for-Delay-Regarding.

It has come to the notice of the High Court that the Jail Advisory Boards considering the question of premature release of prisoners are put to great inconvenience due to the delay in obtaining the details of conviction of the prisoners from the respective courts. Hence all the Sessions Courts are directed to furnish the information asked for by the Jail authorities as expeditiously as possible and at any rate within two weeks from the date of receipt of such requests.

(By order)

M. C. MADHAVAN, Registrar.

No. Dl-3012/86, Dated 17th March 1986

Attention of all the Subordinate Courts which are empowered to exercise appellate powers is invited to the provisions of Order XLI Rule ll-A of the Code of Civil Procedure, which require all appeal being posted and considered for admission. Strict compliance with the provisions of Order XLI Rule ll-A C. P. C. shall be ensured from the re-opening of the Courts after the summer vacation. 1 he members of the Bar be duly notified before the courts close for the vacation.

(By order)

M. C. MADHAVAN, Registrar.

          No. Dl-3604/86 4th February 1986

Sub.-Certified copies of Decrees drawn by Subordinate Courts mistakes noticed-Instructions issued.

It is noticed that the certified copies issued by the Subordinate Courts often contain many mistakes and are extremely difficult to read. The decrees are also not properly drawn up.

All the Judicial Officers are directed to see that hereafter the certified copies issued by the courts are correct and readable. They are also directed to see that the decrees are properly drawn up. Appropriate directions will be issued to all concerned.

(By order)

M. C. MADHAVAN, Registrar.

No. Pl-5348l/85/AS Dated 31st January 1986

Sub.-Time bound disposal ordered by the Superior Courts Endorsement of a note to that effect in the Notes papers Instructions-Issued.

An instance has been brought to the notice of the High Court where a Subordinate Court failed to dispose of a snit within the time limit fixed by the High Court for want of sufficient information in that regard. No note to that effect was made in the papers concerned and so the direction of the High Court went unnoticed.

The High Court hereby directs that when time bound disposal is ordered by a Superior Court, it shall be the duty of the Judicial Officer/Head Ministerial Officer/Members of staff in-charge of Bench and Records, to make necessary endorsements in the papers and take steps for compliance with the direction of the High Court.

Failure to comply with this direction will be viewed seriously.

(By order)

M. C. MADHAVAN, Registrar.

                   No. Dl-52890/84o Dated 25th January 1986

Sub.-Motor Accidents Claims Tribunals-Procedure to be followed-Instructions- Issued.

It has been brought to the notice of the High Court that due to various reasons, considerable delay occurs in the payment of compensation amount awarded by the Motor Accidents Claims Tribunals in the State to the victims of accidents.

The High Court after considering the matter, hereby issues the following instructions to the Motor Accidents Claims Tribunals for their strict compliance.

(a) Tribunals must issue to the claimants and Insurance Companies free copies of the Judgment/Award. Copies must be taken with the original.

(b) Compensation amount due to claimants other than min0rs or other persons suffering disability can be paid by issuing cheques to the claimant at one of the nominated claimants in the presence of the advocate concerned.

(c) Reasonable settlement of claims should be promoted.

Cases relating to each and every insurance companies should be grouped and posted to the same date. In the presence of claimants, counsels and representatives of insurance companies, claims must be attempted to be settled during the regular sitting of the Tribunals and in case of settlements, awards must be passed straight away.

(d) Correspondence between the Motor Accidents Claims Tribunal and the revenue recovery authorities regarding the steps taken in the matter of revenue recovery should be entered in the B diary or in a separate record.

(e) In case there are several applicants claiming compensation in regard to different persons sustained injuries or death, or even in regard to the same person, all

(j) Subject to renewal each Tribunal must dispose of a minimum of 50 cases per month.

(By order)

M. C. MADHAVAN, Registrar.

          D1-50504/85 Dated 3rd January 1986

Sub .-Absconding accused-Instructions- Issued.

Rules 15 to l8 in Chapter III of the Criminal Rules of Practice, Kerala, 1982, deal with absconding accused. Rule 15 states, inter alia, that when the Magistrate is satisfied that the presence of an accused cannot be secured within a reasonable time, or when an accused is found to be of unsound mind, he shall, with the orders of the Chief Judicial Magistrate, remove the case from the register of cases and then enter it in a separate register of long pending cases to be maintained in Administrative Form No.9.

2. Rules 15 to 18 are not applicable to Sessions cases and the Sessions Courts often find it difficult to proceed with the trial of cases when such situation as stated above arises.

3. The High Court, in consultation with the Rule Committee, hereby directs that the principles contained in rules 15 to 18 shall be followed by the Sessions Courts also with modification that no previous permission of any Court or authority is necessary for entering any case in the Register of Long Pending Cases.

4. These instructions are in supersession to the instruction issued in High Court O. M. No. DI-13324/81, dated 16th November 1984.

(By order)

M. C. MADHAVAM, Registrar.

No. Dl-539l6/85 Dated 1st January 1986

Ref.-D.

It is noticed that a large number of copying sheets are pending transcription in the various courts in the Ernakulam District especially in the Sub Courts at Ernakulam and Parur. The huge arrears in this regard can be cleared off within a short time if some mechanical process like the taking of Photostats or

Since a Machine has been installed in the High Court Office for taking such photo copies, the High Court thinks that the facility for taking copies with the aid of such

The copies can be taken on plain paper supplied from the High Court Office. Copying charges shall be realised from the applicant seeking the copy in the shape of adhesive court fee stamps calculated at the rate of Rs. 25 for every 175 words in English and 125 words in Malayalam or Tamil or Kannada or fractions thereof as provided for in Rule 248 of the Kerala Civil Rules of Practice and Rule 233 of the Kerala Criminal Rules of Practice.

In cases where copy stamp papers have already been produced by the applicants, they can be returned in exchange for the production of adhesive court fee stamps of equal value. In cases where such copy stamp papers have already been produced and they are fit for the purpose of taking the copy with the use of the machine, the copy shall be taken on the reverse side of the paper bearing the stamp. Even in such cases copying charges shall be calculated and levied as mentioned above giving credit at the same time to Ps. 25 which is the value of the stamp that is impressed on the copy stamp paper.

The instructions given above shall. be followed

(By order)

M. C. MADHAVAN, Registrar.

          No. Dl-25681/85, Cochin-682 031, dated 11th September 1985

Sub.-Warrants and Summons issued from courts-Incorrect/ Incomplete addresses etc.- Instructions.- Issued.

The Director General of Police has brought to the notice of the High Court, instances where the addresses given on the summons/warrants issued from the Courts are either written illegibly or incompletely or sometimes incorrectly. These factors are said to be causing considerable difficulties, inconvenience and delay in their service/execution.

The High Court, after considering the matter, hereby instructs all the Subordinate Judicial Officers to adhere strictly to the following instructions:-

(a) Summons/Warrants should be despatched in the time so as to give sufficient time to the field officers to serve/ execute the processes.

(b) The entries in the Summons/Warrants should be neat and legible.

(c) The name and address in the Summons/Warrants should be clearly written in full.

(d) The address and seal of the court issuing summons/ warrants should be clearly imprinted on the summons/warrants.

(e) The summons/warrants should not be missent and should be despatched to the concerned Superintendent of Police/ Commissioner of· Police of the District, so as to avoid delay in their service/execution.

(By order)

M. C. MADHAVAN, Registrar.

          No. Dl-19663/85, Cochin-682 031, dated 3rd September 1985

Sub.-The Kerala Children's Act, 1972-Compliance with the provisions-- Instructions-Issuing.

The all India Committee on Jail Reforms has pointed out that the solution of the problem of the unfortunate children in distress continues to be sought to be solved through imprisonment and that a number of children coming in conflict with law are still incarcerated in jails and subjected to deleterious influence of adult criminals, which is most tragic. The committee has recommended that the cases of children kept in prisons should be brought before the Children's Courts and that efforts should be made to remove all the children currently lodged in prisons and orphaned, abandoned, neglected, destitute, victimised and other categories of children who are not involved in delinquent acts and children who have committed delinquent acts of a minor nature to the care of voluntary probation officers or released on license under the care of approved persons or institutions, orphanages and foster homes. The need for recourse to the provisions of the Kerala Children's Act, 1972 has been emphasized by the Committee so that children, under no circumstances, are committed to police custody or to judicial custody in prisons.

The High Court after anxious consideration of the matter hereby directs all the Subordinate Courts to resort to, the provisions of the Kerala Children's Act 1972 whenever necessary to check the inflow of children to prisons and to. see that the cases of children kept in prisons are' brought before the Children's Courts at the earliest opportunity.

(By order)

M. C. MADHAVAN, Registrar.

          No. C1-10809/84, Cochin-682 031, dated 13th August 1985

Sub.-Rules-Kerala Judicial Ministerial Subordinate Service (Special) Rules-Appointment by transfer under Rules 5 (d) of the Kera1a Judicial Ministerial Subordinate Service (Special) Rule-Scope of-Regarding.

Ref-High Court O. M. No. Cl-44507/81, dated 13th October 1982.

The under mentioned officers are informed that transfer appointment of Amins and Copyists as L.D. Clerks and Typists under rule 5(d) of the Kerala Judicial Ministerial Subordinate Service (Special) Rules will be based, subject to the other provisions in the rules, not on the principle as to who applied 1st but on the principle as to who is senior on the date when the vacancy arose. In other words, the fact that the junior had applied earlier is not a relevant consideration, that the vacancy will be filled up based on the seniority of the applicants. The official memorandum No,. C1~4507 /81, dated 13th October 1982 issued from the High Court directing that he who seeks transfer earlier must be found to have preference in the matter of transfer under rule 5(d) is hereby cancelled.

(By order)

M. C. MADHAVAN, Registrar.

           No. DI-3946/85, Cochin-682 031, dated, 29th June 1985

Protection of Civil Rights Act, 1955-Compounding of offences-Deletion of the provision.

It has been brought to the notice of the High Court that cases registered under the Protection of Civil Rights Act, 1955 [formerly Untouchability (Offences) Act, 1955] have often been allowed to be compounded by the subordinate courts.

2. Sub-section (b) of section 15 of the Untouchability (Offences) Act, 1955 provided, among other matters, that every offence under the Act may, with the permission of the Court, be compounded. Section 17 of the Untouchability (Offences) Amendment and Miscellaneous Provision Act, 1976 substituted a new provision for section 15 of the old Act. The new provision does not include a provision for compounding the offences.

 It only says that offences under the Act are cognizable and triable summarily. The provision for compounding of the offences has been deleted from the Act and so offences under the Protection of Civil Rights Act, 1955 are not, after the commencement of the Untouchability (Offences) Amendment and Miscellaneous Provision Act, 1976, compoundable.

3. The attention of the subordinate Judicial Officers invited to the above provision and they are inspected to see it the offences under the Act are not compounded.

(By order)

M. C. MADHAVAN, Registrar.

          No. Dl-39488/83, Cochin-682 031, dated, 5th June 1985

Sub.-Distribution of warrants among Process Servers and Amins for execution-Monetary limit-Further instructions issued.

Ref.-High Court Circular No. 12/77 (Dl-7656/77/R. Dis,  dated 3rd August 1977).

In modification of the circular cited, the High Court hereby directs that arrest warrants for sum of Rs. 3,000 and below be entrusted with Process Servers for execution and that all other arrest warrants be entrusted with the Amins.

(By order)

M. C. MADHAVAN, Registrar.

No. B1-2566/85, Cochin-682 031, dated, 11th May 1985

An instance of a Judicial Officer on deputation to another Government institution having requested, without the knowledge of the High Court, for assignment to him, in addition to his existing duties, the duties of another office with yet another authority and that authority having decided to assign to him those additional duties came to the notice of the High Court recently. When the officer concerned was directed to explain the circumstances under which he happened to approach that authority direct, he explained the position stating that the request had been routed through his immediate official superior and that he bona fide felt that in doing so he was not violating any rule or established procedure.

2. The High Court is of the opinion that the officers and staff of the Judicial Department, on deputation elsewhere continue to be under the disciplinary control of the High Court and that it is improper on their part to put in applications or make requests for additional assignments of for holding charge of other offices without the prior knowledge of the High Court. Such applications/ requests shall be routed through their immediate official superior to the High Court. The High Court shall transmit the same to the concerned authority unless it is decided to withhold them.

3. Failure to observe the above instructions will be viewed as breach of discipline and dealt with as such.

(By order)

M. C. MADHAVAN, Registrar.

          No. 01-37657/84, Cochin-682 031, dated, 21st March 1985

Sub.-Monthly statement of disposal of cases-Disposals for default-Instructions for noting-Regarding.

It has been brought to the notice of the High Court that for the purpose of showing disposals, some of the Subordinate Judicial Officers are dismissing cases for default even for the absence of the lawyer concerned for a few minutes only to be restored shortly thereafter.

All the Subordinate Judicial Officers are hereby instructed that in the monthly statements forwarded by them to the High Court disposal of all categories of cases should be shown. Disposals for default shall be shown in brackets in red ink.

(By order)

M. C. MADHAVAN, Registrar.

No. C3-l8597/84, Cochin-682 031, dated, 1st December 1984

Sub.-Establishment-Inter-district and Inter-departmental transfer of the employees of the Judicial Departments-Restrictions-Imposed.

It has come to the notice of the High Court that there has been a common tendency among the newly appointed employees in the categories of L. D. Clerks, L. D. Typists, Peons etc., to apply for inter-departmental and inter-district transfers soon after their appointment. The result is that the posts concerned remain vacant for a long time. It causes dislocation of work. After considering the various aspects of the matter, the High Court has decided that some restrictions on inter-district and inter-departmental transfers should be imposed.

Applications for inter-district and inter-departmental transfers from the employees of the Judicial Department shall hereafter be considered only after the completion of a minimum period of three years' service by the applicant. Relaxation, it' any, of this condition shall be considered by the High Court only if the District Judge of the Chief Judicial Magistrate concerned recommends the same and sufficient and convincing reasons for granting the request are made out.

(By order)

M. C. MADHAVAN, Registrar.

          No. E3-35226/84, Cochin 682031, dated 28th November 1984

Sub.-Special list system-Implementing-Fresh guidelines issued.

It has come to the notice of the High Court that the special list system is not being fully implemented at present in most of the subordinate courts in the State. A copy of the instructions issued from the High Court regarding the work of the special list system is attached. The District Judges and Chief Judicial Magistrates will bring to the notice of all the subordinate Judicial Officers the existence of the special list system and impress upon them the need for following the instructions therein in the day to day trial of cases.

2. It is further observed that some of the officers are carrying over a large number of cases posted during the previous month to the next month and many of them are further adjourned without doing anything by way of trial. It is needless to say hat this will upset the working of the system causing much inconvenience to all concerned. Sufficient number of cases, as enjoined in the instructions, should be included in the list. It is also left to the, discretion of the officers to include in the list a few more cases depending upon the nature of the cases included in the special list and the time that would be taken to complete the same, if they consider that courts necessary to provide them with full work for the day. At the same time, they shall take care to see that crowded postings are avoided.

3. Adjournments of cases in the special list are seen granted for the mere asking. In case the officers are adjourning the cases included in the list, the reasons therefore should be given in the progress report.

4. Officers who is turning out good work should be encouraged by recording appreciation of their work. Similarly, officers who are found to be poor in disposals should be told as to the seriousness of their work and should be advised to devote their attention to the work.

5. All the District Judge shall send, in addition to the review and the statements now being furnished by them, a statement to the High Court in the following pro forma in respect of the Sub Courts and Munsiff Courts under their control.

Serial Number

Name of Court

No. of cases posted in the special list

No. of cases disposed of

No of cases made part heard

No of cases adjourned and reasons therefore

Remark regarding performance of the Officer

1

2

3

4

5

6

7

District Court                                              

Dated                                                                    District Judge                          

                                                                                      (By order)

M. C. MADHAVAN, Registrar.

                                                 NOTE

It should be the aim of every court to dispose of the cases before it with the utmost expedition consistent with a full and fair hearing, without sacrifice of quality and with as little expense and inconvenience as possible to ~he parties and others concerned. This requires (apart, of course, from what is most important, earnestness on the part of the presiding officer) a suitable ordering of the work of the court. Of extrinsic factors the greatest impediment is the gross over-posting courts generally make with the attendant

evils of indiscriminate adjournments and piecemeal hearings extending over months, often years. In a good many munsiffs' courts as many as 30 to 40 suits are posted for trial for a day whereas there is no reasonable chance of more than two being tried. In a magistrate's court, as many as 30 or 40 witnesses are summoned whereas there is no prospect of more than 10 being examined. Apart from the waste of time involved in calling the cases, in ordering applications for adjournment-one side or the other, in almost every case, will seek an adjournment-and securing with difficulty sufficient work for the day-in some courts, the roll-call, as this process is called, takes the best part of the morning-this results in a state of uncertainty as to which of the cases posted will actually be taken up for hearing and leaves the parties, the lawyers and the court itself in a state of unprepared ness. Since almost all the cases will have to be adjourned for want of lime, no one takes the posting seriously. No one holds himself in full readiness since that would be a waste of time, money and energy, the odds being that the case will not be taken up. A number of cases are begun and then adjourned to be heard piecemeal at long intervals, even witnesses being examined piecemeal; a large number of part-heard cases accumulate in some courts, there are more than a hundred at a time; with a mind already mortgaged to so many part heard matters neither the court nor counsel are able to bestow much thought to or come to grips with the matter actually on hand; at each hearing of a case much of what was done before will have been forgotten and will have to be recalled; the more difficult cases are passed over to grow older, everybody concerned being pre-disposed in favour of the lighter cases; and the numerous adjournments which even the simplest case suffers not merely involve more work for everybody concerned, and a less satisfactory conduct and disposal of the case itself, but also entail unnecessary expense of time and money to the parties in attending court, in bringing witnesses and in instructing

the lawyers. Witnesses are not examined on the days on which they are in attendance with the result that they are not in attendance when they are required. And, it often happens that, owing to the failure of the other work posted, a lawyer is compelled to get on with a case on a day when, owing to the absence of witnesses or for other reasons, he is not really ready to do so, the case having been adjourned on the days he was ready; and not infrequently, the charge is leveled that for the sake of an easy disposal, the presiding officer insists on a case in which the parties are not ready being heard, adjourning at the same time cases in which the parties are ready. In defence of this system of over-postmg (if system it can be called), it is often urged that it makes for larger disposals and permits of accommodation to the bar while ensuring that the court is not left without work. It is also said that there is an understanding that only the oldest of the cases will be taken up. If that be so, it is difficult to understand why the newer cases should be posted at all, for, it would follow that the parties concerned would not expect them to be taken up and would therefore not be ready. In fact, over-posting tends to smaller not larger disposal; it certainly makes for unsatisfactory and haphazard trials and disposals; and while if only a sufficient number of cases are posted for a day, the court can reasonably insist on that work being ready and, once parties and their lawyers have had sufficient notice of the posting of a case for trial there would appear to be no justification for further accommodation-the result of posting more is that no one will be quite ready and that one side or the other in each case will ask for an adjournment. The refusal of an adjournment will be resented when so many cases have perforce to be adjourned and the result might well be to leave the court without sufficient work for the day.

The expeditious and satisfactory disposal of cases demands that once a case is begun, it should be heard continuously from day to day where, as in a warrant case, the trial is in stages, each stage should be heard from day to day. This is indeed enjoined by both the codes of procedure-see section 300 of the Criminal Procedure Code and the proviso to Order XVII, rule I of the Civil Procedure Code. Adjournments should not be granted except for good and sufficient cause and unless justice would otherwise suffer; and, of course, a person must suffer the consequence of his own default. 'The ideal would be for one case to be completed before another is taken up, and, to reach as near as possible to that, it is essential that no more work should be posted for a day than can reasonably be expected to be taken up. And, time permitting; all the work p03ted for the day must be taken up.

One great advantage of posting only as much work as can be taken up and of the certainty that that work will be taken up is that the lawyers can study the cases for the day thoroughly in advance and be fully prepared to conduct them. The presiding officer also can, and should, prepare himself by going through the papers which should be taken home the previous evening.

The following system of posting of contested matters of various classes for actual hearing (as distinguished from the preliminary work necessary to make a case ready for hearing) is commended;

CIVIL

A. ORIGINAL SUITS

This may be called the "Special list System". Under this system no contested suit will be taken up for trial unless it is posted for the day in the special list to be prepared and published in the following way. In a Munsiff's court, the Bench Clerk will, as at present, post already contested suits in the hearing book at the rate of, say, about six a day, so that all the ready suits will be called up once in two months or three months. But it will be clearly understood that this posti'1g is merely formal and intended only for the purpose of reporting compromise, death of parties and the like, and that no suit will be called on for hearing unless it is in the special list. The special list will be prepared at the beginning of a month for the whole of the following month. For each day of the following month two suits (and no more) will be selected from out of the suits posted for the day in the hearing book. One will invariably be the oldest of these suits; the other will be chosen from among the remaining suits having regard to the nature of the old suit. Almost always, the old suit will be a heavy suit and therefore the second suit chosen should be a light suit. The result will be that there will be only two suits posted for a day, and, roughly speaking, one will be heavy and the other light. (When a statutory stay which has been in force for some time is vacated, there will generally be a large number of old suits available for trial, in which, by reason of the new law, there might not be much evidence to adduce and the trial of which might not take much time. Under such circumstances, both the suits selected may be old suits and more than two may be posted for day if there is a reasonable prospect of the trial being completed).

This list which is a provisional list will be published (by affixture to the court notice board, a copy being sent to the Bar Association by the 5th of each month. Between the 5th and the 10th any representation which the lawyers might have to make will be heard

and the necessary changes made. The final list will be published by the 10th-the list, it will be recalled, is for the following month-and it will be clearly understood 1;hat, except for compelling cause, no adjournment will be given thereafter. No hardship whatsoever is involved in this, since every lawyer and every party has clear notice ranging from three to seven weeks that his suit will be peremptorily taken up for hearing on a particular day.

So far as suits not appearing in the special list are concerned, it will be efficient to formally adjourn them with the remark,

"Not in the list. Adjourned to ................... " With regard to suits that are in the special list, these suits must be taken up without fail so long as there is time, unless circumstances compel an adjournment. If for any reason, a suit posted for the day

cannot be taken up, it will stand out of the list and be formally adjourned to some other day unless for some special reason, such as that the suit being a very old suit cannot wait

till it gets into the specialist again, the presiding officer thinks it necessary to post it peremptorily to a particular date. (Such posting will be made in consultation with both sides, and, if necessary, one of the suits already posted for that day in the special list will be removed from the list, this being notified on the notice board). Failing that, the suit will not be taken up until it reappears in the special list and it will not be allowed to interfere with the postings already made in the special 1ist for the month or for the following month.

Ordinarily, it can be excepted that the evidence in the light suit will be completed before the lunch interval, and, by the lunch interval, it should ordinarily be possible to say whether that in the heavy suit will be completed that day or will go to the next day. If it is expected to take a substantial part of the next day also, the heavy suit posted for the next day will be taken out of the list and the lawyers concerned informed accordingly. It will not ordinarily be necessary to take out the light suit which m3.Y be completed before the part-heard heavy suit from the previous day is taken up. And, SD on, if the heavy suit goes to a third or a fourth day. In any event, once a suit is taken up for hearing, the trial must proceed from day to day, until the evidence on both sides is completed, and there should not be more than one part-heard suit at a time. Once the evidence is closed, the suit may be adjourned, if necessary, to some convenient later day for arguments. (This will be necessary only in the case of complicated suits. In most suits arguments should be heard immediately after evidence is closed. when the evidence is fresh in the minds of the advocate and the presiding officer, and, if that is done, it should be possible to pronounce judgment within a week if it is not done forthwith by dictation from the bench. If the provisions of Order XVIII, rules 1 and 2 regarding the opening of a case and addressing the court at the close of the evidence are followed-they rarely are-the address or "arguments", as it is called, should not take much time). But, the trial proper should be from day to day.

It is essential that for the proper working of this system that no adjournments are granted except for really compelling reasons. Even so, it might sometimes happen that both the suits posted for the day collapse. In that event, which can happen only very occasionally, the time left over can profitably be utilised by the presiding officer in checking the various branches of his office or in dictating judgments that have been reserved.

It is necessary that no suit should appear in the special list until it is fully ready for trial. Commissions and the like should be taken out at the earliest possible opportunity and the taking out of a commission after a suit has come into the special list should be discountenanced. Presiding officers should themselves settle issues (there is no objection to obtaining draft issues provided the actual settling is done by the officer after acquainting himself with the pleadings) and the time spent by them on this will be amply repaid. If this is done, the presiding officer will know at the time of settling issues whether a commission or other preliminary work will be necessary before the suit can be taken up for hearing, and, if this is necessary, he will post the suit to a particular day for an application for the purpose and the suit will not be regarded as ready until the preliminary work is done. He will also be able to make a note in the notes paper regarding the light or heavy nature of the suit and this will be helpful in preparing the special list.

It is also necessary that the provisions of Order VII, rules 14 to 18, Order VIII, rule 1 and Order XIII, rules I and 2, Civil procedure Code, are strictly enforced and that documents are filed long before the suit appears in the specialist. This can be ensured by allowing applications to excuse delay, if they are allowed at all, only on terms which should be very heavy once a suit has come into the special list. The provisions in question are designed not so much to check the production of spurious documents (which with some forethought can be manufactured in time) but to prevent either party from taking the other by surprise, and after some time it would be as well to enforce the provisions very strictly in respect of cases that have appeared in the special list.

In the Sub Courts, of courts, it will not be possible to post two suits for a day and some modification will be necessary. Posting l an be on a weekly instead of on a daily basis. Three suits may be selected for a week. One must be the oldest of the suits posted in the hearing book for the week; the remaining two may be selected from the rest having regard to the heaviness of the first, preference being given to the older suits; it will be convenient if the old heavy suit is always posted to a particular day of the week, say, Monday, the two light suits being posted to Thursday (or Wednesday) and Friday. In the hearing book also postings should be on those same days so that a selected suit will be posted in the special list for the same day as it stands posted in the hearing book. When sessions postings are made, the suit posted for the day should, if the sessions case is likely to take time, be removed from the list and the lawyers concerned informed forthwith. In Sub Courts there can be no risk of the work entirely collapsing for a sufficient number of appeals can be posted for each day.

To enable a check as to how the system is being worked, each court will send the District Judge a copy of its list at the end of the month with remarks as to the progress made in each case as illustrated in the form given below. The District Judge will review the working of the system by each court and submit the lists with a copy of his review to the High Court.

It is made clear that the system is not intended to fetter in any way the discretion vested in the court to grant adjournments under Order XVII, rule 1 of the Code of Civil Procedure. It only emphasizes that an adjournment should, as the rule itself says, be granted only for sufficient cause, and that, as the proviso to the rule lays down, the hearing should be from day to day. An adjournment should, of course, be granted if otherwise justice would suffer but no one should be allowed to take advantage of his own default-He must suffer its consequences.

FORM

Dates                      Suits posted                    Progress made         Hour at which court  

                                                                                         rose for the  day

1-6-1970      O.S.   3/70              Heard. Judgment    

                                                reserved   and pro-    

                                                nounced   on   5th    

                                                June 1970      

                   O.S.112/67                      Part-heard.   Trial             5 p. m.  

                                                continued on 2/6,  

                                                3/6.   Judgment    

                                                pronounced   on    

                                                15/6        

2-6-1970      O.S.315/69                      Compromised      

                   O.S.118/67                      Removed   .from  

the                                  5 p. m.  

                                                list because of part-  

                                                heard ().8.112/67    

3-6-1970      O.S. 15/70             Dismissed for default    

                   O.S. 10/63             Removed   'from the                     4p. m.  

                                                list because of part-  

                                                heard   ().8.112/67    

4-6-1970      () S.463/69             Decreed   ex-parte    

                   O.S.   1/66             Adjourned Because of        3p. m.  

                                                death of plaintiff  

B. OTHER PROCEEDINGS

Other proceedings involving the examination of witnesses may, and once they become old should, be treated as original suits for the. purposes of the special list.

C. APPEALS

A certain amount of latitude is permissible in the case of appeals and other proceedings not involving the examination of witnesses, but, even so, in appeals and other cases requiring preparation, the lawyers must be given fair notice as to which of the many cases posted in the hearing book are to be actually taken up. At a fixed hour everyday, either just before Or immediately after the lunch break, the work for the following day can be settled in open court giving the lawyers concerned an opportunity of being consulted. Only as much work as can be taken up should be posted for the day, trial work being ignored against the possibility of its collapse. Preference should be given to old cases. A list of cases to be heard the following day should be published on the notice board by 3 p.m. each day and ordinarily adjournments should only be for want of time.

CRIMINAL SESSIONS CASES

Sessions cases should be given precedence over all other work and no other work should be taken up on session’s days until the sessions work for the day is completed. A sessions case once posted should not be postponed unless that is unavoidable, and once the trial has begun, it should proceed continuously from day to day till it is completed. If for any reason, a case has to be postponed or adjourned intimation should be given forthwith to both sides and immediate steps be taken to stop the witnesses and secure their presence on the adjourned date.

On receipt of the order of commitment the case should be posted for trial to as early a date as possible, sufficient time, say, three weeks, being allowed for securing the witnesses. Ordinarily, it should be possible to post two sessions cases a week, the first on Monday and the second on Thursday, but, sufficient time should be allowed for each case so that one case does not telescope into the next. Every endeavour should be made to avoid telescoping and for this, if necessary, the Court should commence sitting earlier and continue sitting later than the normal hours. If the entire day is devoted solely to sessions work and if proper control over the proceedings is exercised by the Judge, the ordinary run of cases should not take more than two days and only very heavy cases need go beyond the third day. Judgment in the case begun on Monday should ordinarily be pronounced in the course of the week and that begun on Thursday the following Monday.

APPEALS AND REVISIONS

These should be posted as early as possible, usually within, say, three weeks of institution. The posting should be made as far as possible in the consultation with both sides and so as not to clash with sessions work. These cases should be given precedence over all other work, except sessions work, and, ordinarily, no adjournment should be given although there is no great harm in following the "one adjournment" rule followed by some judges whereby one short adjournment (and no more) of a week or ten days is given on request.

INQUIRIES AND TRIALS BY MAGISTRATES

The posting of cases involving the examination of witnesses should be so made that the number of witnesses summoned for a day should not greatly exceed the number that can be examined. A magistrate should know, roughly speaking, how many witnesses can be examined in the time left after dealing with cases not involving the examination of witnesses. If, for instance, eight witnesses can be examined, not more than ten Or twelve should be summoned for the day and cases for trial must be posted accordingly. Of course, there can be no hard and fast rule. It might be that in one case there are a large number of short witnesses while in another there are few witnesses, but each with a long story to tell. However, with some care in posting, it should be possible to ensure that, by and large, the witnesses in attendance on a day are examined on that day or at least on the following day.

Each stage of a case should be tried continuously from day to day as enjoined by section 309 of the Criminal Procedure Code and while the posting sho1uld, as far as possible, be made to suit the convenience of both sides, adjournments should be granted only for sufficient cause.

When the accused is not in custody or has not been bound over and his presence has to be secured, the case may first be posted for the appearance of the accused. In a summons case the questioning of the accused under section 251 of the Code should be done on the very day of his appearance and if there is no conviction under section 252, the case should be posted to a convenient date as early as possible for the examination of the prosecution witnesses. The· prosecution witnesses should be examined continuously and at the close of the prosecution evidence, the accused should straightaway be examined under section 313 of the Code. Thereafter, if the accused wants witnesses to be examined in his defence, the case should be adjourned to some convenient date as early as possible for the examination of defence witnesses who should also be examined continuously. Arguments should be heard on the completion of the evidence and ordinarily no adjournment should be given for the purpose.

In warrant cases instituted on a police report, the stage of discharging the accused under section 239 or framing a charge under section 240 can be reached on the very day of the accused's appearance. If there is no conviction under section 241, the case should be adjourned to a convenient date as early as possible for the examination of the prosecution witnesses, whose examination must proceed continuously. At the close of the prosecution evidence, the accused should be examined, and, if he has witnesses to summon in his defence, the case should be adjourned to some convenient date for the examination of defence witnesses which also should be done continuously. Arguments, if any, should be heard forthwith and the trial closed.

Likewise, in a case instituted otherwise than on a police report, each stage of the case should be heard continuously and arguments heard on the closing of the evidence.

          No. DI-3'3604/84, Cochin 682 031, dated 27th November 1984.

Sub.-Petition for Maintenance-Time limit for disposal Instructions-Regarding.

It has been brought to the notice of the High Court that there is inordinate delay in disposing of petitions for maintenance. The High Court considers it necessary that there should be an outer limit for the disposal of c1a:ms for interim maintenance.

Therefore, it is hereby directed that petitions for interim maintenance under section 24 of the Hindu Marriage Act, 1955 should be disposed of within one month of their filing.

(By order)

M. C. MADHAVAN, Registrar.

 No. Cri. 13032{84/Calendar, Cochin-682031, dated 26th September 1984

Sub.- Criminal Justice-Review of Calendars of the First Class Magistrates-Instructions-Regarding.

Ref -High Court Circular No. 4/77, dated 24th January 1977.

The attention of all the Chief Judicial Magistrates and First Class Magistrates is invited to the High Court Circular No. 4{77 and they are directed to follow the instructions in the said Circular. The Judicial First Class Magistrates shall submit the Calendars to the Chief Judicial Magistrates and the Chief Judicial Magistrates shall forward the same with their remarks, if any, to the Sessions Judges.

(By order)

M. C. MADHAVAN, Registrar.

          No. B4-20933/82, Cochin-68203l, dated 20th July 1984

Sub.-Probation-Sheristadars of District Courts, Additional District Courts, Motor Accidents Claims Tribunals, State Transport Appellate Tribunal, Special Courts and Sub Courts-Declaration of-Regarding.

Ref.-G.O. (Ms.) 50/83/Home (C), dated 13th April 1983.

By the G.O. cited, the Government has upgraded the scale of pay of Sheristadars of District Courts to that of Administrative Assistants on Rs. 750-1450. Now a question has arisen as to whether persons who have been confirmed or have satisfactorily completed probation in the category of Sheristadar, District Courts, and Additional District Court. State Transport Appellate Tribunal, Special Courts and Motor Accidents Claims Tribunals in the scale of pay of Rs. 650-1150 before the up gradation of the post of Sheristadar, District Court by the G.O. cited, need undergo probation again in the upgraded post of Sheristadar, District Court in the scale of pay of Rs. 750-1450.

By the G.O. cited, the Government have also upgraded the scale of the Sheristadar, Sub Court to that of Senior Superintendents on Rs. 650-1150. Here also question has been raised as to whether persons who have been confirmed or have satisfactorily completed probation in the category of Sheristadar, Sub Courts in the scale of pay of Rs. 520-900 nerd undergo probation again in the upgraded post of Sheristadar, Sub Court in the scale of pay of Rs. 6.50-1150. The following directions are issued in the matter.

Persons who have been confirmed or have satisfactorily completed probation in the category of Sheristadar District Courts, S.T.A.T., Special Courts, Additional District Courts and M.A C. Ts. in the scale of pay of Rs. 650-1150 before the up gradation of the post of Sheristadar, Districts Court by the G.O. cited, need not undergo probation again in the upgraded post of Sheristadar District Courts in the scale of pay of Rs. 750-1450.

Similarly, persons who have been confirmed or have satisfactorily completed probation in the category of Sheristadar, Sub Court in the scale of pay of Rs. 520-900 need not undergo probation again in the upgraded post of Sheristadar, Sub Court in the scale of pay of Rs.650-l150.

(By order)

M. C. MADHAVAN, Registrar.

No. Dl-20648/84, Cochin-682 031, dated 16th June 1984.

Sub.-Summons to Witnesses-Non-examination-Inconvenience caused to witnesses-Instructions-Regarding.

Ref.-High Court Circular No. 35/1960, dated 29th November 1960.

The attention of all the Presiding Officers is invited to the Circular No. 35/60, dated 29th November 1960, by which they were directed to see that only as many witnesses as could be examinee on a particular day should be summoned for that day.

It has come to the notice of the High Court that some of the Presiding Officers are not paying sufficient attention in the matter, and as a result the witnesses are forced to wait in the court indefinitely without being examined.

Hence the Subordinate Judicial Officers are again reminded to follow the instructions contained in the Circular cited scrupulously.

(By order)

M. C. MADHAVAN, Registrar.

          No. Dl-2l856/83, Cochin-682 031, dated 28th February 1984

Sub.-Court Deposits-Accounting of cheques, demand drafts, pay orders etc. received under court deposits-Procedure--. Instructions issued-Regarding.

Ref.-High Court Circular No. 7/82 (Dl-1386l/80), dated 16th July 1982.

It has been brought to the notice of the High Court that the subordinate courts are finding it difficult to make the entries on the receipt side of the Civil Court Deposit Register or Cr. Court Deposit Register when cheques/demand draft/pay orders/etc. are sent to the Treasury or Bank for collection, as required by Circular No. 7/82 issued by the High Court.

In order to avoid this difficulty, the High Court hereby directs that the entries on the receipt side of the civil court deposit register or criminal court deposit register need be made only after obtaining the receipt of the concerned chalan receipt and treasury advice list.

(By order)

M. C. MADHAVAN, Registrar.

          No. E5-86/84-, Cochin-682 031, dated 30th January 1984-.

Sub.-Holding of Judicial work by Judicial Officers-Working upto 5 p.m.-Instructions--Regarding.

Ref-1. High Court Circular 8/57 (No. Gl-2540/57), dated 29th June 1957.

2. High Court Circular 24/61 (No. D4-4956/6l), dated 13th October 1961.

3. High Court Circular 9/69 (No. Dl-42810/68), dated 4th September 1969.

The attention of all the Judicial Officers is drawn to the Circulars cited. Now it is observed by the High Court that some courts, both Civil and Criminal, in the State rise before time for want of sufficient postings for the day, thus resulting in huge arrears of cases. The High Court wishes to impress upon all the Judicial Officers that this practice has to be deprecated. All the Judicial Officers are, therefore, instructed to ensure that the courts should have sufficient postings of cases every day giving allowance to adjournments sought, if any, so that there is no occasion for the courts to rise before the scheduled time.

Non-adherence of the above instruction will be considered as a breach of discipline and dealt with as such.

M. C. MADHAVAN, Registrar.

          No. Dl-22960/83, Cochin--682 031, dated 2nd January 1984.

Sub.-Criminal Cases-Top priority for the disposal of cases where the accused is in remand-Instructions issued.

The attention of all the Magistrates in the State is invited to the High Court Circular No. 13/72 dated 31st July 1972 by which they were directed to bestow particular attention to the speedy disposal of cases in which under trial prisoners are in jail.

It has come to the notice of the High Court that some Magistrates are not paying sufficient attention in the matter. All the Magistrates arc, therefore, directed again that they should give top priority for the disposal of old cases particularly where the accused is in remand.

Attention of all the officers is also invited to Circular No. 25/61.

M. C. MADHAVAN, Registrar.

No. Dl-806Jr/83, Cochin-682 031, dated 6th December 1983.

The practice now obtaining in the Motor Accidents Claims Tribunals in the preparation of Judgments and awards is not seen to be uniform. Some of the Tribu'1als pass Judgments while some others pass Judgment's followed by awards, separately drawn up akin to decrees in Civil Cases. Representations have been received in the High Court about inordinate delay in the preparation of awards to the Inconvenience of the claimants.

Section 110 B of the Motor Vehicles Act, 1939 refers to the decision of the Tribunal as an 'award'. Though rules 20 and 22 of the Kerala M.A.C.T. rules mention 'Judgment and award' neither the Act nor the rules contemplate judgment and also an award like a judgment and decree in civil cases. The tribunal not being a civil court should be deemed to make an award and not pass a Judgment.

The High Court, therefore, directs all the Motor Accidents Claims Tribunals that hereafter the Tribunals shall pass only awards instead of judgments followed by awards. When the Tribunals award costs, direction regarding the same and the amount of costs to be paid after quantification shall be shown in the awards themselves.

(By order)

M. C. MADHAVAN, Registrar.

No. C2-13023/83, Cochin-682 031, dated 11th November 1983

Sub.-Personal Peons attached to the Civil and Criminal Courts Bringing of lunch to the Chambers of the judicial Officers-Reimbursement of the expenses incurred Orders issued.

It was clarified in circular 1/1978, dated 9th January 1978 that the bringing of lunch or tiffin to the Chambers of the judicial Officers was part of the duties of the personal peons. This was reiterated in Circular 18/78, dated 6th December 1978. The Secretary, Kerala Criminal Judicial Staff Association had, in the representations dated 28th March 1983 and 13th July 1983, stated that the Peons incur expenditure from their pockets for bringing lunch to certain judicial Officers and requested that the circulars dated 9th January 1978 and 6th December 1978 aforesaid may be withdrawn.

2. The representations have been considered in detail by the High Court. The High Court is of opinion that the circulars referred to need not be withdrawn, but at the same time it is also of the opinion that the personal Peons should not be asked to meet from their own pockets, expenses incurred by them in bringing meals to the judicial Officers.

3. In the circumstances, the High Court hereby directs that where Peons engaged for taking lunch to the Presiding Officers actually incur expenses by way of bus fare for travel, it is the responsibility of the Presiding Officers to reimburse such expenses to the ;peons.

(By order)

M. C. MADHAVAN, Registrar.

          No. Dl·-23?79/83, Cochin··682031, dated 14th November 1983.

Sub.-Criminal Courts-Petitions endorsed by the Courts directly to the Crime Branch-Regarding.

It has come to the notice of the High Court that though the Magistrates an~ not usually forwarding the complaints directly to the Crime Branch Police for investigation, in some cases they are so sent to them. The Inspector General of Police, (Crimes), Trivandrum has pointed out the difficulties in attending to such complaints and has requested to issue necessary instructions to the Presiding Officers of the Subordinate Courts, that, unless there are very special reasons, no compliant should be referred by them to the Crime Branch Police Station for investigation.

The High Court, on considering the matter, hereby directs all Magistrates that, unless there are very special reasons, no complaint should be referred by them to the Crime Branch Police Station for investigation.

(By order)

M. C. MADHAVAN, Registrar

No. D2-29162/83, Ernaku1am, Cochin-682 031, dated 15th November 1983.

Sub:-Declaration of holidays at short notice-Communication to Subordinate Courts-Regarding.

Ref.-1. High Court Circular No. 4/65, dated 9th February 1965.

2. High Court O.M. No. D2-21903/81, dated 27th July 1981.

In modification of High Court Circular and O.M. referred to above, the Presiding Officers of the Subordinate Courts are informed that they may avail of the holidays declared for Government offices at short notice, if they feel convinced that the Government have in fact declared holidays for the particular day for the Government offices III the area concerned, by referring to local dailies or listening to radio news, etc., and that it is not very necessary to get confirmation of the news from the Revenue or Police Officers.

(By order)

M. C. MADHAVAN, Registrar.

          No. DI-746J/83, Cochin 682 031, dated 14th September 1983

Sub.-The Kerala State Road Transport Corporation-Appearance of employees of the Corporation before courts as accused -Issue of certificates-Regarding.

The General Manager, Kerala State Road Transport Corporation, Trivandrum has made a request to the High Court to give instructions to the subordinate courts to issue certificates of attendance to the employee of the Corporation who appear before the Courts as accused, so as to enable them to avail of the benefit of special casual leave up to five days per case. Since the rules in force do not contemplate issue of certificates by courts to the accused, the request was not acceded to. In response to a letter from the Government on the subject the Government were informed that the High Court has no objection to the Corporation addressing the Head Ministerial Officer of a Court to verify whether an employee of the Corporation has appeared before the Court on a particular day.

All the subordinate courts are directed to note the above decision of the High Court and to act on that basis when communications on the subject are received from the K.S.R.T .C.

(By order)

M. C. MADHAVAN, Registrar.

          No. Dl- 45892,82, Cochin-682 031, dated 23rdJune 1983.

Sub. -Motor Accident cases-Furnishing of Insurance Policy particulars-Instructions issued.

It has been brought to the notice of the High Court that victims of motor accidents and the legal representatives of those killed in accidents who approach the Motor Accidents Claims Tribunals claiming compensation are finding it difficult to gather the particulars of the insurance policy in respect of the vehicle involved III the accidents since the police officers who investigate the crime and the Motor Vehicle Inspectors who examine the vehicle do not note down the full particulars of the insurance policy.

Under Section 106 of the Motor Vehicles Act 1939, a Police Officer should demand the production of the certificate of insurance relating to the use of the vehicle, whenever an accident occurs.

The attention of the Judicial Magistrates in the State is invited to section 106 of the Motor Vehicles Act and they are directed to insist upon the full particulars of the Insurance viz. (1) the number and date of the Insurance Policy, (2) the name and address of the Insurance Company, (3) the period of validity and (4) +he name and address of the insured (Registered owner) being furnished in the final report or charge sheet.

(By order)

M. C. MADHAVAN,

Deputy Registrar in-charge.

No. D 1-23898/82, Cochin-682 031, dated 12th November 1982.

Sub.-Criminal Justice-Calendar statement-Explanation of delay -Instructions issued.

The High Court Circular No. 10/72 clarifies that in the calendar statement, apart from furnishing the diary extract, a brief explanation for the delay should be given. Now, the High Court thinks it necessary to draw the attention of all subordinate officers to the following provisions in the Criminal Rules of Practice while furnishing the explanation for delay in the calendar statement:

(1) If the time taken between the date of receipt of charge-sheet and the date of committal order exceeds six weeks, the committing Magistrate should furnish an explanation for the delay. [Rule 57, Criminal Rules of Practice, T.C. and Rule 107 (ii) of the Criminal Rules of Practice and Circular Orders, Madras)

(2) Every Magistrate shall send the calendar statement to the Chief Judicial Magistrate within two days from the close of the proceedings. (Rule 141, Criminal Rules of Practice, T.C. and Rule 92 of the Criminal Rules of Practice, Madras].

(3) The Chief Judicial Magistrates shall transmit to the Court of Sessions copies of judgments pronounced and copies of all proceedings held by them within 5 days from the passing of the judgment or orders. (Rule 144, Criminal Rules of Practice, T.C.)

(4) The Court of Sessions shall transmit to the High Court copies of Judgments in original trials and Criminal Appeals within 8 days from the date of its pronouncement. (Rule 154, Criminal Rules of Practice, T.C.).

(5) Whenever more than three months have elapsed between the date of apprehension of the accused and the close of the trial in the Court of Sessions, an explanation as to the cause of such delay shall be furnished. (Rule 156, Criminal Rules of Practice, T.C.).

(6) If there is delay beyond seven days in pronouncing the Judgment in Sessions Cases after the close of the trial, the reasons for the same should be stated in the last Column of the calendar statement. (High Court Circular No. 33/71).

The Subordinate Officers are directed to note and comply with the provisions in the Rules and Circulars referred to above while furnishing the reasons for the delay in the calendar statement.

(By order)

C. J. ABRAHAM, Registrar.

          No. D 1-34001{82, Cochin-682 031, dated 22nd September 1982.

Sub.-Certified copies of documents-Preparation of-Page numbers of the originals to be shown in the certified copies Instructions issued.

Rule 251 of the Civil Rules of Practice, Kerala provides as follows:-

“The pages in the original should be indicated in the copy also before the matter is transcribed and when there is no pagination the number of the sheet copied should be indicated."

There are provisions to the same effect in rule 337 of the T.C. Criminal Rules of Practice and rule 325 C of the Criminal Rules of Practice and Circular Orders, Madras.

In High Court Circular No.8{81, the attention of the Presiding Officers of the Subordinate Courts have been invited to the above rules and they have been directed to issue strict instructions to their copying establishment to show the page numbers of the original deposition or other document as the case may be in the certified copies. Inspite of the specific instructions in the matter it is seen that some of the Subordinate Courts are not indicating the page numbers of the original documents in the certified copies.

The attention of the Presiding Officers of the Subordinate Courts is, therefore, once again invited to the above provisions and they are directed to comply with the instructions strictly. Non-compliance with the instructions in future will be viewed seriously and appropriate action taken against the persons responsible in the matter.

(By order)

C. J. ABRAHAM, Registrar.

          Dl-33085/8l, Cochill-68) 031, dated 23rd August 1982.

Sub.-Original Petitions-Cases where there are more than one respondent-Marking of exhibits-Instructions issued.

The Rules under Chapter XI of the Rules of the High Court of Kerala, 1971 do not contain any provision regarding marking of exhibits by the respondents while filing counter affidavits in proceedings under Articles ~26 and 227 of the Constitution. At present, in cases where there are more than one respondent, all the respondents' exhibits are marked in R series. This leads to overlapping of exhibits and creates confusion.

It is, therefore, directed that in Original Petitions where there are more than one respondent, the respondents' exhibits should be marked in the following order:

R-l (a) (b) (c) (d)

R-2 (a) (b) (c) (d)

R-3 (a) (b) (c) (d)

(By order)

C. J. ABRAHAM, Registrar.

          No. Dl-24058/82, Cochin 682 031, dated 18th August 1982.

Sub.-Code of Criminal Procedure. 1973-Section 2l7-Recall of witnesses when charge altered-Instructions-Regarding.

Section 217 of the Code of Criminal Procedure, 1973, reads as follows:-

Recall of witnesses when charge altered.-Whenever a charge is altered or added to by the Court after the commencement of the trial the prosecution and the accused shall be allowed-

(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined unless to Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the end., of justice;

(b) also to call any further witness whom the Court may think to be material".

In Criminal Appeal No. 452 of 1980, a Full Bench of this Court has held that section 217 of the Code of Criminal Procedure, 1973 does not cast a duty or obligation on the Court to enquire of the prosecution or the accused whether they would like to recall or resummon the witnesses as referred to in Clause (a) or to call any further witnesses as dealt with in Clause (b) of that section.

The Full Bench of this Court has, however, observed that through section 217 Cr. P. C. does not oblige a court to enquire of the prosecution or the accused whether they would like to recall or resummon the witnesses. as a rule of prudence it is safer and desirable that the courts in such of situations do enquire of the prosecution or the accused, as to whether they would like to exercise the right to recall or resummon the witnesses or to have further witnesses examined as provided in the section.

All the subordinate courts are directed to note the above observations of the Full Bench and to adhere to the instructions while exercising powers under section 216 of the Code of Criminal Procedure, 1973.

(By order)

M. C. MADHAVAN,

          Deputy Registrar in-charge.

          No. Dl-13861/80, Cochin-682 031, dated 16th July 1982.

Sub.-Court deposits-Accounting of cheques demand drafts, pay orders etc. received under court deposits Instructions issued.

The Accountant General, Kerala has pointed out certain defects in the procedure followed by the Subordinate Courts in accounting cheques, demand drafts, pay orders etc. received under court deposits. At present no uniform Procedure is followed by the courts, in the matter.

The following uniform procedure is, therefore, prescribed in the matter in consultation with the Accountant General, Kerala.

When a cheque/demand draft/pay order etc. is received in any office towards court deposits, it should at once be entered in the cash book (T.R. 7A). On the same day itself it should be entered in the Register of cheques (T .R. 17). When it is sent to the Treasury or Bank as the case may be, along with the chalan for collection, entries should be made on the payment side of the cash book and also on the receipt side of the Civil Court Deposit Register or Criminal Court Deposit Register as the case may be.
All the Subordinate Officers are directed to follow the above procedure in accounting cheques/demand drafts/pay orders received in their courts towards court deposits.

(By order)

C. J. ABRAHAM, Registrar.

No. DI-45469/81, Cochin-682 031, dated 17th June 1982.

Sub.-Preparation of B diaries in courts-Instructions. Rd:-High Court Circular No. 13/68.

It has come to the notice of the High Court that in many cases B diaries are seen prepared by the Subordinate Courts in a casual manner. Instances have also been noticed where B diaries are not prepared at all. The Courts seem to be gradually becoming indifferent to the need for preparing such diaries.

The attention of the Subordinate Courts is, therefore, invited to Rule 383 of the Kerala Civil Rules of Practice and High Court Circular No. 13/68, dated 28th June 1968 regarding the maintenance of B diaries instructions wherein are directed to be followed strictly.

The Subordinate Courts are also informed that if any instance of failure to prepare the B Diary according to the rules comes to the notice of the High Court, severe action will be taken against those responsible.

While scrutinizing the records received from the Subordinate Courts, the High Court Office will verify whether B Diaries are prepared in the case in accordance with the rules and in cases where B Diaries are not forwarded or not seen prepared as per rules the explanation from the persons responsible for the same will be called for.

(By order)

C. J. ABRAHAM, Registrar.

                   Dl-44521/81, Cochin-682031, dated 24th May 1982

Sub.-Examination of witnesses attending Courts Regarding.

It has come to the notice of the High Court that despite the special list system, witnesses attending courts are forced to leave the court without being examined, and that in some cases witnesses are constrained to attend the courts on many occasions as a result of indiscriminate adjournments. Such experiences will make the common man feel that judiciary is an institution he would do well to keep away from.

Therefore, all the Subordinate Courts are directed to ensure that witnesses attending courts from different places are examined without fail, except in the case of unanticipated, unavoidable and compelling reasons.

The High Court will take serious note of instances where witnesses from distant places are sent away without examination.

(By Order)

C. J. ABRAHAM, Registrar.

No. DI-41797/81, Cochin-682031, dated 24th May 1982

It has come to the notice of the High Court that there is a growing tendency among the persons summoned to appear before Court as witnesses to Delivery of Judgments and orders in case at the time of handing over charge. It is found that one of the reasons for this disturbing trend is the delay on the part of Courts and Tribunals to pay the witnesses the batta due to them in time.

At present, after the examination is over and before batta is paid, the witness is detained for long in connection with the preparation of routine vouchers etc. All the Courts are directed to see that the delay on this score is avoided. Arrangements should be made to ensure that batta is paid to the witnesses without any delay whatsoever immediately after the examination is completed and the deposition is signed by the witnesses.

The Presiding Officer of the Courts/Tribunals should, before issuing witness summons, make sure that sufficient funds are available to pay witness batta on the spot.

(By Order)

O.J. ABRAHAM,

Registrar.

BI-45120/81, Cochin-31, dated 12th April 1982

Sub.-Judicial Officers-Delivery of Judgments and orders in case at the time of handing over charge-Instructions issued.

Ref·-High Court Circular No. 35/70, dated 24th November 1970.

The following further instructions are issued with regard to delivery of judgments and orders before officers hand over charge on transfer, promotion etc.

If sessions trial are going on when orders regarding transfers and promotions are received by officers, they should immediately send a report to the High Court specifying the stage at which the cases are and the further time that will be required for disposal of the cases: They will wait for instructions from the High Court as to whether they should finish the cases or not before handing over charge.

(By Order)

Vacation Officer

No. Cl-11963/80, Cochin-682 031, dated 10th March 1982.

It has come to the notice of the High Court that the Confidential Records of Last Grade Servants are not being maintained in some of the Subordinate Courts.

It is hereby directed that Confidential Records of Last Grade Servants should be maintained in all courts. The District Judges and Chief Judicial Magistrates will see to it that the confidential records of Last Grade Servants are maintained in all courts under them.

(By Order)

C. J. ABRAHAM, Registrar.

           DI-26739/81, Cochin-682 031, dated 12th February 1982

Sub.-Criminal Procedure Code, 1973-Section 110-Scope and ambit-Power when to be exercised-Legal aid to the accused at State expense-Regarding.

The attention of the Executive Magistrates in the State of Kerala is invited to the decisions of the Supreme Court in Gopalan Achari v. State of Kerala reported in 1981 K.L.T. 108 and the High Court of Kerala in Gopalan Achari v. State of Kerala reported in 1981 K.L.T. 448.

The Supreme Court in 1981 K.L.T. 108 cautioned the trial Magistrates to discharge their duties, when trying cases under section 110, with great responsibility and when the counter-petitioner is a prisoner, gave him the facility of being defended by counsel since Article 21 has been reinforced by Article 39-A. In 1981 K.L.T. 448, this Court has cautioned the Magistrates-in-charge of enforcing the provisions contained in Chapter VIII of the Code to bear in mind while dealing with persons brought before them to see that they are persons with a tendency of frequent repetition of crimes, that there must be a number of convictions and that there must be proof of such convictions and of depraved conduct.

As per the Code of Criminal Procedure (Amendment) Act, 1980 (63 of 1980), the Magistrates who are put in charge of the enforcement of the mandates of the Supreme Court and High Court referred to above are Executive Magistrates.

Therefore, in exercise of the powers conferred by Article 227 of the Constitution of India, the High Court directs all the Executive Magistrates of the State of Kerala to follow the mandatory directions of the Supreme Court of India, and High Court of Kerala reported in 1981 K.L.T. 108 and 1981. K.L.T. 448 with regard to their obligations in terms of the Judgments.

(By Order)

C. J. ABRAHAM, Registrar.

No. Bl-42408/8l, Cochin-682 031, dated 1st December 1981

Sub.-Officers conducting departmental enquiries and disciplinary actions-Guidance regarding-Further orders issued.

Ref-High Court Circular No. 12/78, (Vig. 49488{76), dated 26th July 1978.

In the High Court Circular 12/78, dated 26th July 1978 the following instructions have been issued among others for the guidance of the officers conducting departmental enquiries and disciplinary actions.

In enquiries conducted on the basis of the reports of the Vigilance Cell of the High Court, the Inquiring Authorities should give advance information to the High Court, about the conduct of the inquiry, S0 that the Vigilance Cell can watch the proceedings and take such measures as are considered necessary for its proper conduct."

It has come to the notice of the High Court that the instructions are not followed by some of the officers.

2. All officers conducting departmental inquiries and disciplinary actions are once again informed that they should comply with the instructions in Circular 12/78 strictly. Failure to observe the same, if noticed, will be viewed seriously.

3. The following instructions are also issued on the matter.

In enquiries conducted on the basis of the reports of the Vigilance Cell of the High Court, the High Court may depute an officer of the Vigilance Cell, to be present throughout the enquiry. The officer so deputed can be present to watch the proceedings and if the Inquiring Authority needs any information, to supply it to him.

4. After the proceedings are completed two copies of the Inquiry Report will be forwarded to the High Court.

(By Order)

C. J. ABRAHAM, Registrar.

No. B2-338l7/81, Cochin-682 031, dated 25th November 1981.

Sub.-Dress to be worn by Presiding Officers, Mobile Courts instructions- Issued.

Ref.-1. High Court Circular No. 22/70.

2. O.M. No. Vig. 58/81, dated 14th August 1981.

In partial modification of the instructions contained in Circular No. Bl-43771/69, dated 30th June 1970 (No. 22/70) and O.M. No. Vig. 58/81, dated 14th August 1981, the Presiding Officers of the Mobile Courts, while Presiding on the Bench in Mobile Vans, need not wear gown. However they shall wear the other dresses as prescribed by Circular No. 22/70.

(By Order)

M. C. MADHAVAN,

Deputy Registrar-in charge.

          No. Dl-31096{81, Cochin-682 031, dated 20th November 1981

Sub -Prisons-Grievance Deposit Boxes in prisons- Action taken by the Sessions Judges on the complaints-Submission of report to the High Court-Instructions issued.

Ref.-G.O. (Ms.) No. 72/8l{Home, dated 15th May 1981.

As per the G.O. cited, Grievance Deposit Boxes are being maintained under the custody of the District Judge of the District in which the Jail is situated and they are taken to the District Judge on a specified day of every month. It is also ordered in the G.O. that the District Judge should take the complaints into his possession, take necessary and appropriate action thereon and report to the High Court the action taken by him.

2. At present there is no system of the High Court verifying what action has been taken by the District Judge in regard to the grievances received by him through Grievance Deposit Boxes. Therefore all the District and Sessions Judges are directed that they should prepare a brief report o+' the grievances collected by them from the Grievance Deposit Boxes and the action taken by them on each one of the grievances and send the report to the High Court within two weeks of the date they take action on the grievances.

          These reports will be scrutinized by the High Court and after study of the manner in which the grievances are treated by the District Judges; directions will be issued by the High Court if necessary.

(By Order)

C.J. ABRAHAM, Registrar;

          S.A. No. 541 of 1981-A, Cochin-682 031, dated 7th September 1981

Sub.-Drafting of decrees in Civil Cases-Omission to include the tabulation of costs-Directions issued.

It has come to the notice of the High Court that certain Subordinate Courts arc not showing the tabulation of costs of the parties to the suit while drafting the decree. Order 20, Rule 6 (2) of the Code of Civil Procedure provides that "the decree shall also state the amount of costs incurred in the suit, and by whom or out of what property and in what proportions such costs are to be paid". All officers of the Subordinate Civil Courts are therefore directed to follow the rules and the forms prescribed in the Code of Civil Procedure in drafting the decree and to show the costs of the suit in the decree. They are also requested to see that such omissions shall not occur hereafter.

(By Order)

Registrar.

          No El-15902/8l, Cochin-682 031, dated 4th September 1981

Sub.- Petitions received from Public-Acknowledging off and Miscellaneous Provisions Act, 1952-Disposal of cases under the Labour Laws-Instructions issued.

The Criminal Courts in the State are hereby directed to post cases under the Labour Laws on a particular day of the week and as far as possible to give priority for examination of witnesses present in such cases.

(By Order)

M. C. MADHAVAN,

Deputy Registrar-in-charge

          D2-25625/8l, Cochin-682 031, dated 31st August 1981.

Sub.-Petitions received from Public-Acknowledging off Instructions issued.

The District Judges and Chief Judicial Magistrates are informed that when complaints or other representations are received by them from anyone, they should acknowledge receipt of such representations or complaints if a request in that behalf is made. They are also requested to issue such instructions to the Presiding Officers of the Courts Subordinate to them.

(By Order)

C. J. ABRAHAM, Registrar.

No. E5-30572/79/R. Dis., Cochin-582 031, dated 29th August 1981.

Sub.- Numbering of appeals filed against the orders of the Commissioners under the Sick Textiles Undertakings (Nationalisation) Act, 1 974-Regarding.

It is noticed that in the Subordinate Courts in the State there is no uniformity regarding the classification of appeals filed under section 23 (7) of the Sick Textiles Undertakings (Nationalisation) Act, 1974. The High Court on a consideration of the matter has decided that in the interest of early disposal of such appeals, they should be classified as C.M.As. The Subordinate Courts are hereby directed to classify the said appeals accordingly.

(By order)

C. J. ABRAHAM, Registrar,

          No. Dl-23573/81, Cochin-682 031, dated 21st August 1981.

Sub.-Printing of Judgments in Civil and Sessions Case-Judgment printing charges-Orders issued.

Ref.-High Court Circular No. 5/74, dated 8th February 1974.

Under rule 340 (7) of the T.C. Criminal Rules of Practice and role 173 of the Madras Criminal Rules of Practice, the ceiling rate for printing Sessions judgments was fixed at Rs. 1,75 for every 175 words completed, as per the Circular cited. Requests are being received in the High Court for enhancement of printing charges in Civil and Sessions Cases. Considering the increase in the cost of printing materials etc. the High Court hereby authorises the District Judges to negotiate with the leading printers in their districts and to settle printing charges at a rate not exceeding Rs. 6 for every 175 words completed, both in Civil and Sessions Cases.

The District Judges are further instructed that dispensing with printing of judgments should be avoided as far as possible.                                   (By order)

C. J. ABRAHAM, Registrar.

          No. DI-14762/81, Cochin-682 031, dated 14th August 1981

Sub.-Implementation of the Kerala Advocates' Welfare Fund Act and Rules-Instructions.

The attention of the Subordinate Courts is invited to section 23 (I) of the Kerala Advocates' Welfare Fund Act, 1980 which reads as follows:

"23 (I )-Every member of the fund shall affix one stamp on every vakalath filed by him and no vakalath shall be filed before or received by any court, tribunal or other authority unless it is so stamped".

Rule 13 of the Kerala Advocates' Welfare Fund Rules, 1981 also specifies that the court, tribunal or other authority may receive a vakalath not bearing the stamp filed by an Advocate who is not a member of the fund, if such vakalath is accompanied by a declaration by the Advocate that he is not a member of the fund.

All the subordinate courts are directed to follow the aforesaid provisions of the Welfare Fund Act and Rules.

(By order)

C. J. ABRAHAM, Registrar.

          No. D2-46317/80; Cochia-682 031, dated 29th July 1981.

Sub.-Committal of accused in Sessions Cases to prison-Delay in taking follow-up action after the High Court dec1sionnAvoidance of-Regarding.

An instance has come to the notice of the High Court where, after the conviction and sentence of an accused in a Sessions Case has been confirmed and the records have been received in the lower court from the High court, no follow-up action to commit the accused to prison for undergoing the sentence of imprisonment imposed on him was taken for more than two years till the Assistant Sessions Judge concerned was addressed in the matter by the Sessions Judge on receipt of a complaint petition. The omission on the part of the Assistant Sessions Judge concerned to peruse the decision of the High Court and to cause the follow-up action is a serious lapse.

All the subordinate officers are, therefore, directed that they should make a note in the copy of the judgment or order communicated to them that they have seen the decision of the Appellate or Revisional Court. They should also forward a report to the High Court or the Appellate or Revisional Court as the case may be to the effect that entries have been made in the concerned registers and in cases where follow-up action is necessary it has been taken.

(By order)

C.J. ABRAHAM, Registrar.

          No. Dl-20875/81, Cochin-682 031, dated 21st July 1981

Sub.-Tabular form to be annexed to the Judgment-Rules 127 and 73 of the T.C. and Madras Criminal Rules of Practice respectively-Compliance of-Instructions issued.

Ref.-High Court Circulars No. 15/69 and 31/69.

Rule 127 of the T.C. Criminal Rules of Practice and Rule 73 of the Madras Criminal Rules of Practice as amended lay down that the Judgment in original decisions shall be in the form prescribed by the Code of Criminal Procedure, Section 367, with a footnote or side note in tabular form, giving in addition the particulars mentioned in the tabular form. The tabular statements are extremely necessary for the appellate courts for the review of calendars as they alone give the history of the case and the details like age of the accused etc. It has come to the notice of the High Court that inspite of the directions issued in High Court circulars No. 15/69 and 31/69 the tabular form prescribed in these rules is not being annexed to the judgment by many courts including some sessions courts.

The attention of the Subordinate Criminal Courts including the Sessions Courts is again drawn to the rules and circulars mentioned above and they are directed to follow the directions therein without fail.                   (By order)

C.J. ABRAHAM, Registrar.

No. DI-20868/81, Cochin-682 031, dated 20th July 1981

It has been noticed by the High Court that while preparing certified copies of depositions and other documents by the Subordinate Courts, page numbers in the originals are not shown. This creates considerable difficulty in locating particular portions of the originals in the certified copies.

The attention of the Presiding Officers of the Subordinate Courts is invited to rules 251 to 254 of the Civil Rules of Practice, Kerala and Rules 337 to 339 of the Criminal Rules of Practice (T.C.) in the matter. They are directed to issue strict instructions to their copying establishment that the page numbers of the original deposition or other document should be shown in the certified copies while preparing such copies.

(By order)

C. J. ABRAHAM, Registrar.

No. DI-20876181, Cochin 682 031, dated 20th July 1981.

Instances have come to the notice of the High Court where Sessions Courts while sending up the trial court records for the purpose of appeal, failed to send the written statements and documents filed by the accused while questioning him under section 313 of the Code of Criminal Procedure, 1973. The Appellate Court is expected to peruse these written statements and documents filed by the accused while disposing of the appeals as they form part of the case records.

All the Subordinate Criminal Courts including Courts of Sessions are directed to see that written statements and documents, if any, filed by the accused are appended then and there to the questions and answers under section 313 Criminal Procedure Code marking the documents as exhibits on the side of the accused. These statements and exhibits should also be sent to the High Court while sending up the records for the purpose of appeal.

(By order)

C. J. ABRAHAM      Registrar.

          CMP No. 80/81, Ernakulam, Cochin-682 031, dated 17th July 1981

Sub :-Service of notices and summons-Observance of Rules under order V of Code of Civil Procedure-Instructions issued.

It has come to the notice of this High Court certain instances where notices issued to the respondents from this Court and sent to the Subordinate Courts for service were returned without observing the rules under Order V of the Code of Civil Procedure. The District Judges are therefore directed to give necessary instructions to the officers working in the process establishment of their Court and the Courts Subordinate to them to observe the rules while serving, the notice on the respondents, or while returning the notices without service or when notices are served by affixture. When notices are served by affixture the serving officer should make a detailed report which should contain the circumstances under which he has so affixed the notice. The report should contain such details as to answer the following points:

(1) Whether it was not practicable to serve the notice on the respondent personally or on his agent.

(~) In such cases could not the service be made on any adult member of the family who is residing with him.

(3) Whether the respondent, his agent or any adult member of his family refused to accept the notice.

(4) If the respondent is absent from his residence whether there is any likelihood of his being found at the residence within a reasonable time.

In the absence of the above details it may not be possible to find whether the service of notice is sufficient or not. In the circumstance, the instructions contained in this circular will be strictly followed by the serving officers.             (By order)

(Sd.) Registrar.

           Dl-6888/81, Cochin-682031, dated 25th March 1981.

Sub:-Legal aid to the accused at state expense-Directions of the Supreme Court-Regarding.

Attention of all Sessions Judges and Chief Judicial Magistrates is invited to the decision dated 19th December 1980 of the Supreme Court in Criminal Writ Petition No. 5670/1980 Khatri and others v. State of Bihar and others (Copy enclosed).

The Supreme Court has directed the Sessions Judges and Magistrates to inform every accused who appears before them and who is not represented by a Lawyer on account of his poverty, indigence or in communicate situation, that he is entitled to free legal services at the cost of the State and unless he is not willing to take advantage of the free legal services provided by the State, he must be provided legal representation at the cost of the State.

The Sessions Judges and Magistrates are requested to follow the mandatory directions of the Supreme Court with regard to their obligations in terms of the Judgment of the Supreme Court.

(By order)

C. J. ABRAHAM, Registrar.

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT Petition No. 5670 OF 1980 No. 155 (Dec.) 19th December 1980

Supreme Court Bar Association, Ti1ak Marg, New De1hi-l

KHATRI AND OTHERS Petitioners

ORDER

BHAGW ATI, J.

This case has now come before WI after service of notice on the State of Bihar. When this case was taken up for hearing by us on 2nd December, 1980, we expressed our displeasure that the State of Bihar had not chosen to appear in answer to the notice, but this expression of displeasure was made by us on the assumption that the notice was served on the State of Bihar. We are however informed by Mr. K. G. Bhagat, learned advocate, appearing on behalf of the State of Bihar that the notice of the writ petition was served upon the State only on 6th December, 1980 and that is the reason why it was not possible for the State to appear before us on 2nd December, 1980. We accept this explanation offered by Mr. K.G. Bhagat and exonerate the State of Bihar from remissness in appearing before the court on 2nd December, 1980.

The State has filed before us a counter affidavit sworn by Tarkeshwar Parshad, Under Secretary, Home (Police) Department of the State Government giving various particulars required by us by our order, dated 2nd December 1980. We have also before us the counter affidavit filed by Jitendra Narain Singh, Assistant jailer, Bhagalpur Central jail, on behalf of the State and this affidavit gives certain other particulars required by us.

The State has also in addition to these particulars, filed statements giving various particulars in regard to the blinded prisoners drawn from the records of the judicial magistrates dt-ali'1g with their cases. The District and Sessions judge has also addressed a letter to the Registrar (Judicial) of this Court stating that for the reasons given in his letter, no inspection of the Bhagalpur Central jail has been carried out by the District and Sessions judge in the year 1980. The Registrar (Judicial) has also furnished us copies of the statements of the blinded prisoners and B. L. Das, former Superintendent of the Bhagalpur Central Jail, recorded by him pursuant to the order of this Court dated 1st December 1980. Full and detailed arguments have been advanced before us on the basis of the particulars contained in these documents, but we do not, at this stage, propose to deal with the arguments in regard to each of the blinded prisoners and we shall examine only the broad contentions advanced before us, leaving the arguments in regard to each specific blind prisoner to be dealt with at a later stage when the writ petition again comes up for hearing.

Before we deal with the main contentions urged before us on behalf of the parties, we must dispose of one serious question which raises a rather difficult problem and which has to be resolved with some immediacy. The problem is not so much a legal problem as a human one and it arises because the blinded prisoners who are undergoing treatment in the Rajendra Prashad Ophthalmic Institute, New Delhi are likely to be discharged from that institute Since their vision is so totally impaired that it is not possible to restore it by any medical or surgical treatment, and the question is where they can go. Mrs. Hingorani, on behalf of the blinded prisoners, expressed the apprehension that it may not be safe for them to go back to Bhagalpur, particularly when investigation into the offences of blinding was still in progress and some arrangement should, therefore, be made for housing them in New Delhi at the cost of the State. We cannot definitely state that the apprehension expressed by Mr. Hingorani is totally unfounded nor can we say at the present stage that it is justified, but we feel that at least until the next date of hearing, it would be desirable not to send the blinded prisoners back to Bhagalpur. We would, therefore, suggest that the blinded prisoners who are discharged from the Rajendra Prashad Ophthalmic Institute, New Delhi should be kept in the Rome which is being run by the Blind Relief Association of Delhi on the Lal Bahadur Shastri Marg, New Delhi and the State of Bihar should bear the cost of their boarding and lodging in that Home. We hope and trust and, in fact, we would strongly recommend that the Blind Relief Association of Delhi will accept these blinded prisoners in the Home run by them and look after them until the next hearing of the petition. The State of Bihar will pay by way of advance or otherwise as may be required the costs, charges and expenses of maintaining the blinded prisoners in such Home.

The other question raised by Mrs. Hingorani on behalf of the blinded prisoners was whether the State was liable to pay compensation to the blinded prisoners for violation of their Fundamental Right under Article 21 of the Constitution. She contended that the blinded prisoners were deprived of their eye sight by the Police Officers who were Government Servant acting on behalf of the State and since this constituted a violation of the constitutional right under Article 21, the State was liable to pay compensation to the blinded prisoners. The liability to compensate a person deprived of his life or personal liberty otherwise than in accordance with procedure established by law was according to Mrs. Hingorani, implicit in Article 21. Mr. K. G. Bhagat on behalf of the State, however contended that it was not yet established that the blinding of the prisoners was done by the Police and that the investigation was in progress and he further urged that even if blinding was done by the police and there was violation of the constitutional right enshrined in Article 21, the State could not be held liable to pay compensation to the persons wronged. These rival arguments raised a question of great constitutional importance as to what relief can a court give for violation of the constitutional right guaranteed in Article 21. The court can certainly injunction the State from depriving a person of has life or personal liberty except in accordance with procedure established by law, but if life or personal liberty is violated otherwise than in accordance with such procedure, is the court helpless to grant relief to the person who has suffered such deprivation? Why should the court not be prepared to forgo new tools and devise new remedies for the purpose of vindicating the most precious of the precious Fundamental Right to life and personal liberty. These were the issues raised before us on the contention of Mrs. Hingorani, and to our mind, they are issues of the gravest constitutional importance involving as they do, the exploration of a new dimension of the right to life and personal liberty. We, therefore, intimated to the counsel appearing on behalf of the parties that we would hear detailed arguments on these issues at the next hearing of the writ petition and proceed to lay down the correct implications of the constitutional right in Article 21 in the light of the dynamic constitutional jurisprudence which we are evolving in this court. That takes us to one other important issue which arises in this case.

It is clear from the particulars supplied by the State from the records of the various Judicial Magistrates dealing with the blinded prisoners from time to time that, neither at the time when the blinded prisoners were produced for the first time before the judicial Magistrate nor at the time when the remand orders were passed, was 3ny legal representation available to most of the blinded prisoners. The records of the judicial Magistrates show that no legal representation was provided to the blinded prisoners, because none of them asked for it nor did the Judicial Magistrates enquire from the blinded prisoners produced before them either initially or at the time of remand whether they wanted any legal representation at State cost. The only excuse for not providing legal representation to the blinded prisoners at the cost of the State was that none of the

blinded prisoners asked for it. The result was that barring two or three blinded prisoners who managed to get a lawyer to represent them at the later stages of remand, most of the blinded prisoners were not represented by any lawyers and save a few who were released on bail, and that, to after being in jail for quite some time, the rest of them continued to languish in jail. It if difficult to understand how this state of affairs could be permitted to continue despite the decision of this Court in Hussainara Khatoon's case (1979) 3 S.C.R. 532. This court has pointed out in Hussainara Khatoon's case (supra) which was decided as far back as 9th March, 1979 that the right to free legal services is clearly an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. It is unfortunate that though this court declared the right to legal aid as a Fundamental Right of an accused person by a process of judicial construction of Article 21, most of the States in the country have not taken note of this decision and provided free legal services to a person accused of an offence. We regret this disregard of the decision of the highest court in the land by many of the States despite the constitutional declaration in article 141 that the law declared by this Court shall be binding throughout the territory of India. Mr. K. G. Bhagat on behalf of the State agreed that in view of the decision of this Court the State was bound to provide free legal services to an indigent accused but he suggested that the State might find it difficult to do so owing to financial constraints. We may point out to the State of Bihar that it cannot avoid its constitutional obligation to provide free legal services to poor accused by pleading financial or administrative inability. The State is under a constitutional mandate to provide free legal aid to an accused person who is unable to secure legal services on account of indigence and whatever is necessary for this purpose has to be done by the State. The state may have its financial constraints and its priorities in expenditure but, as pointed out by the court in Rhem v. Malcolm (377 F. Supp. 995) 'the law does not permit any Government to deprive its citizens of constitutional rights on a plea of poverty" and to quote the words of Justice Blackmum in Jackson v. Bishop (404 F. Supp. 2nd, 571) "humane considerations and constitutional requirements are not in this day to be measured by dollar consideration'. Moreover, this constitutional obligation to provide free legal services to an indigent accused does not arise only when the trial commences but also attaches when the accused is for the first time produced before the Magistrate. It is elementary that the jeopardy to his personal liberty arises as soon as a person is arrested and produced before a Magistrate, for it is at that stage that he gets the first opportunity to apply for bail and obtain his release as also to resist remand to police or jail custody. That is the stage at which an accused person needs competent legal advice and representation and no procedure can be said to be reasonable, lair and just which denies legal advice and representation to him at this stage. We must, therefore, hold that the State is under a constitutional obligation to provide free legal services to an indigent accused not only at the state of trial but also at the stage when he is first produced before the Magistrate as also when he is remanded from time to time.

But even his right to free legal services would be illusory for an indigent accused unless the Magistrate or the Sessions Judge before whom he is produced informs him of such right. It is common knowledge that about 70 percent of the people in the rural areas are illiterate and even more than that percentage of people are not aware of the rights conferred upon them by law. There is so much lack of legal awareness that it h9.s always been recourse as one of the principal items of the programme of the legal aid movement

in this country to promote legal literacy. It would make a mockery of legal aid if it were to be left to a poor ignorant and illiterate accused to ask for free legal services. Legal aid would become merely a paper promise and it would fail of its purpose. The Magistrate or the Session Judge before whom the accused appears must be held to be under an obligation to inform the accused that if he is unable to engage the services of a lawyer on account of poverty or indigence, he is entitled to obtain free legal services at the cost of the State. Unfortunately, the Judicial Magistrates failed to discharge this obligation in the case of the blinded prisoners and they merely stated that no legal representation was asked for by the blinded prisoners and hence none was provided. We would, therefore, direct the Magistrates and Sessions Judges in the country to inform every accused who appears before them and who is not represented by a lawyer, on account of his poverty or indigence that he is entitled to free legal services at the cost of the State. Unless he is not willing to take advantage of the free legal services provided by the State, he must be provided legal representation at the cost of the State. We would also direct the State of Bihar and require every other State in the country to make provision for grant of free legal services to an accused who is unable to engage a lawyer on account of reasons such as poverty, indigence or in communicate situation. The only qualification would be that the offence charged against the accused is such that, on conviction, it would result in a sentence of imprisonment and is of such a nature that the circumstances of the case and the needs of social justice require that he should be given free legal representation. There may be cases involving offences such as economic offences or offences against law prohibiting prostitution or child abuse and the like, where social justice may require that free legal service need not be provided by the State.

There are two other irregularities appearing from the record to which we think it is necessary to refer. In the first phase in a few cases the accused persons do not appear to

have been produced before the Judicial Magistrates within 24 hours of their arrest as required by Article 22 of the Constitution. We do not wish to express any definite opinion in regard to this irregularity which prima facie appears to have occurred in a few cases, but we would strongly argue upon the State and its police authorities to see that this constitutional and legal requirement to produce an arrested person before a Judicial Magistrate within 24 hours of the arrest must be scrupulously observed. It is also dear from the particulars furnished to us from the records of the Judicial Magistrates that in some cases particularly those relating to Patel Sahu, Raman Bind, Shaligram Singh and a few others the accused persons were not produced before the Judicial Magistrates subsequently to their first production and they continued to remain in jail without any remand orders being passed by the Judicial Magistrates. This was plainly contrary to law. It is difficult to understand how the State continued to detain these accused persons in jail without any remand orders. We hope and trust that the State Government will inquire as to why this irregularity was allowed to be perpetrated and will see to it that in future no such violations of the law are permitted to be committed by the administrators of the law. The provision inhibiting detention without remand is a very healthy provision which enables the Magistrates to keep check over the police investigation and it is necessary that the Magistrates should try to enforce this requirement and where it is found to be disobeyed, come down heavily upon the police.

We also cannot help expressing our unhappiness at the lack of concern shown by the Judicial Magistrates in not enquiring from the blinded prisoners, when they were first produced before the Judicial Magistrates and thereafter from time to time for the purpose of remand, as to how they had received injuries in the eyes. It is true that most of the blinded prisoners have said in their statements before the register that they were not actually produced before the Judicial Magistrates at any time, but we cannot, without further inquiry in that behalf, accept the ex party statement of the blinded prisoners. Their statements may be true or may not be true; it is a matter which may require investigation. But one thing is clear that in the case of almost all the blinded prisoners, the forwarding report sent by the Police Officer in charge stated that the accused had sustained injuries and yet the Judicial Magistrates did not care to enquire as to how injuries had been caused. This can give rise only to two inferences; either the blinded prisoners were not physically produced before the: Judicial Magistrate’s and the Judicial Magistrates mechanically signed the orders of remand or they did not bother to enquire even if they found that the prisoners before them had received injuries in the eyes. It is also regrettable that no inspection of the Central Jail, Bhagolpur was carried out by the District and Sessions Judge at any time during the year 1980. We would request the High Court to look into these matters closely and ensure that such remissness on the part of the Judicial Officers does not occur in the future.

We would also like to advert to one more matter before we close and that is rather a serious matter. It appears from the record that one blinded prisoner by the name of Umesh Yadav sent a petition to the District and Sessions Judge, Bhagalpur, on 30th July, 1980 complaining that he had been blinded by Sri B. K. Sharma, District Superintendent of Police and since he had no money to prosecute this Police Officer, he should be provided a lawyer at Government expenses so that he might be able to bring the police atrocities before the court and seek justice. Ten other blinded prisoners also made a similar petition and all these petitions were forwarded to the District and Sessions Judge on 30th July 1980. The District and Sessions Judge by his letter dated 5th August 1980, addressed to the Superintendent of the Bhagalpur Central Jail stated that there was no provision in the Code of Criminal Procedure under which legal assistance could be provided to the blinded prisoners who had made a petition to him and that he had forwarded their petitions to the Chief Judicial Magistrate for necessary action. The Chief

Judicial Magistrate also expressed his inability to do anything in the matter. It appears that the Superintendent of the Bhagalpur Central Jail also sent the petitions of these blinded prisoners to the Inspector General of Prisons, Patna on 30th July, 1980 with a request that this matter should be brought to the notice of the State Government. The Inspector General of Prisons forwarded these petitions to the Home Department. The Inspector General of prisons was also informed by three blinded prisoners on 9th September 1980 when he visited the Banks Jail that they had been blinded by the police and the Inspector General or Prisons observed in his inspection note that it would be necessary to place the matter before the Government so that the police atrocities may be stopped. The facts disclose a very disturbing state of affairs. In the first place we find it difficult to appreciate why the Chief Judicial Magistrate to whom the petitions of those blinded prisoners had been forwarded by the District and Sessions Judge did not act upon the complaint contained in these petitions and either take cognizance of the offence revealed in these petitions or order investigation by the higher police officers. The information appearing in these petitions disclosed very serious offences alleged to have been committed by the Police and the Chief Judicial Magistrate should not have nonchalantly ignored these petitions and expressed his inability to do anything in the matter. But apart from that, one thing is certain that within a few days after 30th July 1980 the Home Department did come to know from the Inspector General of Prisons that according to the blinded prisoners who had sent their petitions, they had been blinded by the Police, and from the inspection note of the Inspector General of Police it would seem reasonable to assume that he must have brought the matter to the notice of the Government. We should like to know from the Inspector General of Prisons as to who was the individual or which was the department of the State Government to whose notice he brought this matter and that steps did the State Government take on receipt of the petitions of the blinded prisoners forwarded by the Inspector General of Prisons as also on the matter being brought to their attention by the Inspector General of Prisons as observed by him in his inspection note. We should like the State Government to inform us clearly and precisely as to what steps they took after 30th July 1980 to bring the guilty to book and to stop recurrence of such atrocities. We want to have this information because we should like to satisfy ourselves whether the bindings which took place in October 1980 could have been prevented by the State Government by taking appropriate steps on receipt of information in regard to the complaint of the blinded prisoners from the Inspector General of Prisons. We would direct the State Government to furnish us full and detailed particulars in this behalf before the next hearing of the writ petition.

The writ petition will now be taken up for further hearing on 6th January 1981.

New Delhi, December 1980.                                      P. N. BHAGWATI,J. A. P. SEN,J.

           BI-5904/80, Cochin-682031, dated 18th February 1981

Sub.-Appointment of Sub Judges/Munsiffs to function as Sub Judges/Munsiffs of another court also-Instructions issued.

Ref.-High Court Circular No.33/68, dated 2nd December 1968.

There are at present no clear instruction as to the procedure to be followed by a Subordinate Judge or a Munsiff of one court appointed as Subordinate Judge or Munsiff of another court, for exercising powers under section 6(2) of the Kerala Civil Courts Act, 1957. The High Court has had occasion to consider the matter recently. The following instructions are issued for the guidance of all concerned.

When so appointed, the officers concerned, will hold sittings once in a week in the other court to which they are appointed and attend to important judicial matters. Urgent items of administrative work will also be attended to then. In cases of urgent necessity, they are also free to hold sittings at the new headquarters more than once in a week.

(By order)

 C. J. ABRAHAM, Registrar.

Dl-11984{80, Cochin-682031, dated 12th February 1981

Attention of the Sessions Judges and the Chief Judicial Magistrates is invited to the following direction in the Supreme Court Judgment in Writ Petition Numbers 398 and 549 of 1980-Rakesh Kaushik v. B.L. Vig. Superintendent and Anr.

"District Magistrates and Sessions Judges shall personally or through surrogates, visit prisons in their jurisdiction and afford effective opportunities for ventilating legal grievances, shall make expeditious enquiries there into and take suitable remedial action. In appropriate cases reports shall be made to the High Court for the latter to initiate, if found necessary habeas action."

All the Sessions Judges and Chief Judicial Magistrates are hereby directed to Visit the local jails whenever they go for inspection of courts and send reports to the High Court so as to enable the High Court to take suitable remedial action. They are also directed to send a quarterly report of their visit to the jails.

(By order)

C.J. ABRAHAM, Registrar.

Al-22426{80, Cochin-68203l, dated 10th February 1981

In modification of the instructions contained in High Court Circular No. 14/80, dated 24th July 1980, the High Court hereby directs that whenever the Vigilance Officer, High Court thinks it necessary to question Subordinate Judicial Officers in their capacity as delinquents or witnesses, in connection with vigilance enquiries, he shall intimate such Judicial Officers his intention so to do and request the Judicial Officer concerned to let him know the place at which and the time when he wishes to be questioned, the places being his Chambers or the Travelers Bungalow, Rest House or Government Guest House near the headquarters of such Judicial Officer where the Vigilance Officer is camping, the option being given to the Judicial Officer to make the choice of places. The High Court also directs that the Judicial Officer shall be bound to respond immediately to the request from the Vigilance Officer, High Court.

(By order)

C. J. ABRAHAM, Registrar.

           22/Crl./81, Cochin-682031, dated 30th January 1981

Sub.-Preparation and Execution of Warrants-Procedure to be followed-Instructions issued.

An instance has come to the notice of the High Court where a Magistrate refused to accept an order of the High Court granting bail to an accused on the ground that she was not aware of the jail to which the accused was sent by the Sessions Court after appeal. It has also come to the notice of the High Court that no uniform procedure is followed in the matter of sending an accused to prison for undergoing the sentence. The following instructions are therefore issued for the guidance of the Criminal Courts in the State.

2. When an accused is sentenced to imprisonment, other than imprisonment till the rising of the Court, the Court passing the sentence shall forthwith prepare a warrant for sending the accused to the jailor other place where he is to be confined. In cases where he is not present in Court, a warrant may first be issued for his arrest.

3. If the sentence is suspended by the same court or by the appellate Court, endorsement to that effect shall be made in the warrant and in the warrant register.

4. Whenever an Appellate Court modifies the sentence of imprisonment and prepares a fresh warrant, it shall intimate the original Court the name of the jail to which the accused is committed. On receipt of the intimation, the original Court shall make necessary entry in the Warrant Register.

5. If the Appellate Court prepares the fresh warrant and commits the accused to prison, it shall, on execution of the sentence, intimate the original Court, the manner of execution. Original Court shall also make entries in the concerned registers.

(By order)

(Sd.)Registrar.

           E3-30411 /80., Cochin-682031, dated, 13th November 1980.

Sub.-Analysis of institution, disposal and pendency of civil Cases-Necessity to clear the heavy backlog of pending cases-Directions issued.

In the analysis of institution, disposal and pendency of Civil Cases in the District Courts for the quarter ended March, 1979 in the country, made by the Government of India, it is observed that special efforts are needed in Andhra Pradesh, Bihar, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal to clear the heavy backlog of pending cases both on the original and appellate sides.

The District Judges are, therefore, directed to make special efforts to clear the pendency of cases both on the original and appellate sides.

(By order)

C. J. ABRAHAM, Registrar.

           E5-30572j79., Cochin-682031, dated, 23rd October 1980.

Sub.-Numbering of appeals filed against the orders of the District Forest Officers-Regarding.

An instance has come to the notice of the High Court wherein an appeal filed against the orders of a District Forest Officer, confiscating the properties seized by the Forest Officers under S. 61A of the Kerala Forest Act was filed as a Criminal Appeal and later on converted into an Appeal Suit.

Since there is no uniform practice in the matter in all the Districts, all the District Judges are directed to number such appeals as C.M.As in future.

(By order)

C. J. ABRAHAM, Registrar.

           11-821&/80., Cochin-682031, dated, 16th October 1980.

Sub.-Issue of Special Verification Certificates by Judicial Officers in applications for passports-Regarding.

Ref.- High Court Circular Nos. 14/70, dated 27th May 1970 and 19/75, dated 10th October 1975.

2. Government letter No. 3526B/SSB3/80/Home, dated 21st August 1980.

In the applications for the issue of passports, the form' of S;-.ecia1 Verification Certificate has recently been amended by omitting the statement to the effect that the applicant is personally known for more than two years. In the light of this amendment, the High Court hereby cancels Circular Nos. 14/70, dated 27th May 1970 and 19/75, dated 10th October 1975 and issues the following fresh instructions on the subject.

(i) No officer should issue the certificate unless he is fully convinced of the correctness of the facts mentioned in the application.

(ii) The officers should send to the High Court for every quarter, a statement showing the details of the certificates issued by them in applications for passport.

The details should be supplied in the proforma given below:

Pro Forma

Name of the officer who issued the certificate

Name and address of the person to whom the certificate was issued

Date of issue of the certificate

Whether convinced of the correctness of the facts mentioned in the application

The District Judges on other duty will also forward the statements to the High Court.

The statements for each quarter should reach the High Court by the 10th of the succeeding quarter.

(By order)

C. J. ABRAHAM, Registrar,

 No. Dl-27140/80, Cochin-682031, dated, 23rd September 1980.

Sub.-Offences under Motor Vehicles Act-Failure to order disqualification under section 17 of the Motor Vehicles Act and inadequacy of the sentences passed Instructions issued.

Ref.-High Court Circular Nos. 16/59, 43/62, 25/66, 14/69 and 1/70.

It has come to the notice of the High Court that in spite of repeated instructions issued in the High Court Circulars 25/66, 14/69 and 1/70, the Magistrates have not considered action under section 17 of the Motor Vehicles Act even when they convict the offending driver. This provision has also been overlooked by the Sessions Judges hearing appeals from such convictions. Despite the High Court Circulars 16/59 and 43/62, the Magistrates do not realise the importance of awarding proper sentence by a judicious exercise of discretion and the sentences awarded are often unduly light.

The Magistrates and the Sessions Judges concerned are, therefore, reminded of the Circular instructions cited and are informed that they should follow strictly those instructions. Whenever a Court convicts a person of an offence of the kind mentioned in section 17 of the Motor Vehicles Act, it should carefully consider the question of ordering a disqualification in accordance with the provisions of the section.

The Sessions Judges are directed to pay particular heed to the propriety of the sentences imposed while perusing the Judgments and calendars received by them and give appropriate instructions to the courts concerned. In fit cases, they will also make a report to the High Court.

(By order)

M. C. MADHAVAN, Deputy Registrar in-charge.

           EI-29711/80, Cochin-682 031, dated, 22nd September 1980.

Sub.-Law and Order-Decisions taken in the conference of Governors and Chief Ministers in April, 1980 at New Delhi-Follow up action directions issued.

Ref.-Letter No. 14656/S.S.A.-3/80/Home, dated 21st July 1980 from the Home (S. S. A.) Department, Trivandrum.

In the light of the decisions taken and the suggestions made in the conference of Governor and Chief Ministers in April, 1980 at New Delhi, the High Court hereby directs all District and Sessions Judges and the Chief Judicial Magistrates that the trial 01' cases of communal riots, atrocities on Harijans, rape, attack on policemen, dowry deaths and kidnapping of children should be expeditiously completed.

(By order)

M. C. MADHAVAN, Deputy Registrar in-charge.

          16897/RO/C2, Cochin-682 031, dated, 8th August 1980.

Sub.-Keeping of the keys of the chest of valuables and the cash chest-Instructions issued-Clarification- regarding.

Ref-High Court Circular Nos. 18/70, dated 5th June 197C, 28/71, dated 19th November 1971 and 3/80, dated 19th March 1980.

It is hereby clarified that the instructions issued in High Court Circular No. 3/80, dated 19th March 1980 will apply only to courts other than District Courts and Chief Judicial Magistrate's Courts and that in the case of the District Courts and Chief Judicial Magistrate's Courts the keys will be kept by the Head Clerks as directed in Circular Nos.. 18/70, dated 5th June 1970 and 28/71, dated 19th November 1971.

(By order)

M. C. MADHAVAN, Deputy Registrar in-charge.

Al-22426/80, Cochin·682031, dated, 24th July 1980.

The High Court hereby directs that the Subordinate Judicial Officers who require to be questioned by the Vigilance 0fficer, High Court, in their capacity as delinquents or witnesses, in connection with vigilance enquiries, will hereafter be called to the place of halt of the Vigilance Officer, High Court, such as Travelers Bungalow, Rest House or Government Guest House, near the headquarters of the Judicial Officer concerned.

(By order)

C. J. ABRAHAM, Registrar.

           DI-17563/80, Cochin-682031, dated, 24th July 1980.

Sub.·-Marking or affixing seal of the Court in the Register Books produced before the courts by the Registration Department-Instructions issued.

Ref.--l. High Court circular Nos. 2/58 and 12/66.

2. High Court letter No. DI-42808/75, dated 6th January 1976.

The Inspector General of Registration has brought to the notice of the High Court an instance of making unauthorised entries and affixing seals of courts in the Register Books of the Registration Department produced before court as per court summons. This is against the instructions issued in the references shown as item Nos. 1 and 2 above.

The attention of all Presiding Officers is again invited to the instructions issued in the High Court Circulars and the letter referred to above. They are directed to follow those instructions strictly. Any deviation will be viewed seriously.

(By order)

C. J. ABRAHAM, Registrar.

           D4-6723j80, Cochin-682031, dated, 23rd July 1980.

Sub. -Budget estimates 1981-82- Preparation of-Instructions issued.

Ref.-High Court O.M. No. D4-25243/80, dated 17th July 1980.

As per the O.M. cited the Sub-controlling Officers of this department have been requested to prepare and forward the budget estimates for the next financial year. In this context they are also informed as follows:

During the previous years insufficiency of funds under various heads was often felt mainly because the estimates from most districts were not realistic and at the time the estimate was made it was made on the basis of the figures for the previous year and no attempt was made to study the actual requirements. This results in failure to improve the conditions of courts including furniture and library.

All the Sub-controlling Officers mentioned below who are to make estimate of the expenditure are therefore informed that unlike the previous years they should study the matters well and send up a proper and realistic estimate of the needs of the courts under their control. Instances where that have not been done will be viewed seriously.

(By order)

C. J. ABRAHAM, Registrar.

          DI-15600/80, Cochin-68203l, dated, 4th July 1980.

Sub.-Correspondence between Additional District and Sessions Judges-Routing of-Instructions issued.

It is hereby directed that all correspondence between Additional District and Sessions Judges should be routed through the Principal District and Sessions Judge of the district concerned, who in appropriate cases will take instructions from the administrative side of the High Court.

(By order)

C. J. ABRAHAM, Registrar.

           DI-40859/78, Cochin-682031, dated, 19th June 1980.

Sub.-Payment of witness batta in the Criminal Courts-Instructions issued.

It is found that the procedure followed by the Courts in the erstwhile T.C. area of the State in the matter of payment of witness batta is a cumbersome one to the common man in that it insists on an illiterate witness to submit a memo to the Court for the batta and thus he is compelled to seek the services of others for getting payment of batta due to him. After considering the matter, it has been decided that the practice that is in vogue in the Malabar area in this respect be followed throughout the State. The under mentioned officers are, therefore, informed that submission of a memo by the witness need not be insisted upon for payment of the witness batta and that the batta will be paid after obtaining the signature of the witness in the relevant register besides the separate voucher obtained for incorporation with the bill. In case the voucher is not produced, the office will prepare the voucher and obtain the signature of the witness there before payment is made.

(By order)

M. C. MADHAVAN, Deputy Registrar in-charge.

D1 4131/80 dated 3^rd June 1980

It has come to the notice of the High Court that several irregularities are being committed in the matter of marking of documents in the subordinate courts and there is no consistent practice in this matter. There are instances where the exhibits are marked in pencil with no initials of the Presiding Officer or the date of marking and no indication as to who proved the ·documents. In some cases exhibits are marked in red ink with dated initials of the Presiding Officer, but with no indication as to who proved the document. In some courts in marking exhibits in interlocutory matters, the number of the interlocutory petitions is not being noted in the column concerned (while using the exhibit seal) and only the number of the main proceedings is being noted. It is also noticed that the pattern and measurements of the exhibit seal prescribed in the High Court Circular 30/69 are not being followed in some of the courts. The exhibit seal in certain courts is too big to be used on documents of comparatively small size. It is further noticed that the exhibit seal is not used at all in many of the courts despite the High Court Circular in the matter.

The following instructions and directions are therefore issued to the subordinate officers in the matter for strict observance and compliance:-

(i) In marking the documents, all the necessary details like the number of the suit or other proceedings, the person who proved the document and the date of admitting the document in evidence should be noted. When documents are admitted in interlocutory matters after affixing the exhibit seal, the number of the petition together with the number of the main proceedings should be entered in the concerned column.

ii) The exhibit seals of the pattern and measurement as prescribed in the High Court Circular 30/69 should be used without fail. In cases where the document to be marked is very small, have little space for affixing the seal, the parties should be directed at the time of production of the document to see that a white paper of sufficient size is pasted to it in such a way that a seal can be affixed without meddling with the writing in the document.

(iii) All the District Officers will see that all the courts under them are equipped with the exhibit seals within three months of the receipt of this circular and will also send a report of compliance to this office within' a week thereafter.

(iv) The District Judges and the Chief Judicial Magistrates should check at the time of inspection of courts that proper seals are used as directed.

(By order)

C. J. ABRAHAM, Registrar.

           D1-4131/80., Cochin-682011, dated, 3rd June 1980

Sub.-Lower Court Records--Submission of records for appeal -Instructions issued.

Ref,-High Court Circular No. 1/l961.

The attention of all subordinate courts is invited to the instructions contained in the circular under reference. It has been noticed by the High Court that the assessment by the concerned officers of the subordinate courts as to what are material papers is very often wrong with the result that in many cases, papers which are really material are not sent.

To cite an instance, in the case of an appeal against an order refusing to set aside an ex parte decree, the details of prior applications for adjournment if any, medical certificate, if any, the B-Diary and such other documents connected with the matter are material and such papers should also be sent along with other relevant records.

(By order)

C. J. ABRAHAM, Registrar.

           DI-4131/80., Cochin-682011, dated, 3rd June 1980.

Sub.-Date seals--Use of-Directions issued.

Ref.-High Court Circular No. 38/1971.

Attention of all the District Judges and Chief Judicial Magistrates is invited to the High Court Circular No. 38/71 and they are directed to see that all the courts under them have metal date seals and that the seal is affixed on all papers received at the time of presentation itself. The District Judges and Chief Judicial Magistrates should check at the time of inspection of the courts that the courts have proper seals and that they are used.

(By order)

C. J. ABRAHAM, Registrar.

           Dl-4131/80., Cochin-682011, dated, 3rd June 1980

Sub.-Preparation of appendices of judgments and orders Instructions issued.

Ref.-High Court Circular No. 2/1980.

It has come to the notice of the High Court that proper attention is not being given by the officers concerned in the subordinate courts in the matter of preparation of appendices to Judgments and Orders. The presiding officers of the subordinate courts are instructed that they should insist on the Bench Clerk attending the courts to prepare the list of documents marked and witnesses examined as and when evidence is recorded.

The Bench Clerk should prepare the list and hand it over to the Presiding Officer at the time of hearing of the case. The confidential assistant and/or the person who prepares the fair copies of judgments or orders should check if there is a list of documents and witnesses and incorporate them as appendix.

(By order)

C. J. ABRAHAM. Registrar.

           I4-29705/78/L.Dis., Cochin-682011, dated, 31st May 1980.

Sub.-Audit of Co-operative Societies-Arrangements for audit of records of the Society in Court custody Instructions-Regarding.

Ref.-l. Letter No. CI-3265/78, dated 18th July 1978 from the District Judge, Manjeri.

2. This office O.M. of even number dated 27th October 1978 and the replies thereto received from the Sessions Judges and Chief Judicial Magistrates.

The question as to whether the departmental auditors under the control of the Deputy Registrar of Co-operative Societies may be allowed to examine the records belonging to a Co-operative Society which are in court custody has been considered by the High Court. The mere fact that the records of the Co-operative Society happen to be in the custody of the court in connection with pending cases should not hinder audit of those accounts by the concerned authorities of the Co-operative Department. At the same time it has to be seen that under the guise of audit, no fabrication or manipulation is made to the records.

The under mentioned officers are therefore informed that the auditors under the control of the Deputy Registrar of Co-operative Societies may be allowed to examine for the purpose of audit, documents, registers and other records belonging to Co-operative Societies and which are in the custody of courts in the presence of the Head Ministerial Officers of the courts concerned or in the presence of any other responsible officer of the court to be decided upon by the Presiding Officer.

(By order)

(Sd.) Vacation Officer.

           Dl·50070/79., Cochin-682011, dated, 8th April 1980.

Sub.-Adherence to Rules 377 to 379 of the Civil Rules of Practice- Instructions-Issued.

It is noticed that Rules 377, 378 and 379 of the Kerala Civil Rules of Practice  providing for the numbering of references, arraying of parties, trial of references, marking of the exhibits, numbering of witnesses and drawing up of the decrees in Land Acquisition Reference cases are not being adhered to by many of the courts with the result that there is no uniformity even in registering Land Acquisition References. Some courts refer to these cases as L.A.O.Ps some courts show the claimants as plaintiffs while Some others as petitioners or respondents. It is necessary that there should be uniformity of practice based on the Kerala Civil Rules of Practice in these matters.

The Subordinate Courts are therefore instructed that the numbering of the cases, reference to the parties, marking of exhibits and numbering of witnesses, etc., shall all be in accordance with the prescribed rules and that rules 377 to ,379 of the Kerala Civil Rules of Practice should be strictly followed in all Land Acquisition Reference Cases. The officers who receive the papers to be filed in courts must notice these particularly and return such papers which are not filed in accordance with the above said rules.

Those rules inter alia provide as follows:-

(1) The reference shall be numbered as L.A.R. No. /Year. (2) The parties to' a reference other than the Collector, a Company and a local authority, shall be shown as claimants and designated Claimant A, Claimant Band so on. The Collector, the Company and local authority shall be shown as respondents and designated Respondent A, Respondent B and so on.

(3) Exhibits admitted in evidence shall be marked as Ext.

A-I, A-2, etc., if filed by Claimant; Ext. B-1, B-2, etc., if filed by other Claimants (according to the array of the Claimants exhibiting the documents); Ext. R-l, R-2, etc., if filed by the respondents and Exts. X-I, X-2, etc., if filed by the court.

(4) The witnesses examined by the Claimants shall he numbered AW-l, AW-2, etc., BW-l, BW-2, etc., according to the array of the Claimants examining the witnesses. Witnesses examined by the respondents shall be numbered as RW-l, RW-2, etc.

(5) The decrees drawn up must show the names of the parties and the cause title as above.

The District Judges should see that all the courts concerned under their control comply with these rules. They will also verify and send up reports to the High Court showing whether there is any deviation in the practice in the courts in their district, and what appropriate directions have been issued to the courts concerned in the matter.

(By order)

C. J. ABRAHAM, Registrar.

           C2-17575/79., Cochin-682011, dated, 19th March 1980.

Sub.-Keeping of the keys of the chest of valuables and the cash chest--Instruction-Issued.

Ref.-High Court Circular Nos. 29/60, dated 24th October 1960, 8/70, dated 19th March 1970, 18/70, dated 5th June 1970 and 28/71, dated 19th November 1971.

It is hereby directed that the keys of the chest of valuables and the cash chest in all the subordinate courts will be kept by the Chief Mitlisteria1 Officers of those courts and that the presiding officers of those courts should verify the valuables and cash once in a month in addition to conducting surprise checks at intervals.

(By order)

C. J. ABRAHAM, Registrar.

           C2-31188/79., Cochin-682011, dated, 3rd January 1980.

Sub.-Delegation of powers to the presiding officers to sanction leave-Regarding.

Ref.-High Court Circular No. 2/65, dated 2nd February 1965.

The staff council for the Civil Unit of the Kottayam district requested the High Court that the powers to sanction half pay leave, commuted leave, earned leave, maternity leave, leave without allowances not exceeding 3 months including surrender of earned leave may be delegated to the presiding officers of the courts concerned.

The remarks of all the District Judges and Chief Judicial Magistrates were called for in the matter for considering the proposal in detail.

The High Court having considered the matter in detail in the light of the views of the District Judges and Chief Judicial Magistrates, hereby empowers the presiding officers of the courts concerned to grant such leave to the members of the staff of their courts which would not necessitate the appointment of substitutes in the resultant vacancies. They are also empowered to accept surrender of earned leave made by the employees.

(By order)

C. J. ABRAHAM, Registrar.

C2-6116/79., Cochin-682011, dated, 27th October 1979.

Sub.-Restoration of seniority-Application of the provisos to rule 27 of the Kerala State and Subordinate Service Rules-Implementation of the judgment in O. P. No. 4100/76-D--Stayed-Regarding.

Ref.-High Court Circular No. 2/79, dated 19th January 1979.

 In the light of the judgment in O.P. No. 4100/76-D it was directed in the circular cited above that immediate necessary steps should be taken for the confirmation of those who are promoted to the U. D. cadre and that orders of confirmation should be issued without waiting for the seniors to acquire test qualification.

Since the Supreme Court has virtually stayed the judgment in O.P. No. 4100/76-D., confirmations up to and after 7th October j975 must necessarily be kept in abeyance despite Circular No. 2/79, dated 19th January 1979. It is therefore, directed that confirmations to be effected pursuant to Circular No. 2/79, dated 19th January 1979 may await till further communication from the High Court.

(By order)

C. J. ABRAHAM, Registrar.

           Dl-36550/79., Cochin-682011, dated, 5th October 1979

Sub.-Criminal Cases-Exhibits and further evidence under section 391 (1) and (2) Cr. P.C.-Details of documents to be included in the index paper of the Trial Courts and appendix of (he Appellate Court Judgment Guidelines issued.

A doubt has been brought before the High Court for clarification whether document~ or further evidence produced before the Appellate Court and marked or recorded by the Trial Court under section 391 (1) and (2) Cr. P. C. should find a place in the index paper of the Trial Court as well as in the appendix of the Appellate court judgment. In order to clear the doubt, the High Court clarifies that all exhibits marked and further evidence recorded by the Trial Court u/s 391 (1) and (2) Cr. P.C. should find a place in the appendix of the appellate court judgment and at the same time, since such documents were marked and recorded by the Trial Court, they should find a place in the index paper of the Trial Court also. However, they should not find a place in the appendix attached to the original judgment of the Trial Court.

(By order)

C. J. ABRAHAM, Registrar.

          D1-29296j79., Cochin-682011, dated, 19th September 1979.

Sub.-Service of notices and summons-Substituted Service under Order V, Rule 20 of the C. P. C. Instructions issued.

It has come to the notice of this High Court that when notices and summons are directed to be served by affixture under Order V, Rule 20 of the Code of Civil Procedure they are being returned unnerved with the endorsements that the party is not residing at the address, or, that the party has left the place, or that the party's whereabouts are not known, etc. This is irregular and not warranted by the provisions of Order V, Rule 20 C. P. C. The Subordinate Courts are hereby instructed to follow the procedure laid down in Order V, Rule 20 C. P. C. implicitly.

(By order)

C. J. ABRAHAM, Registrar.

                   14-15419/77., Cochin-682011, dated, 7th August 1979.

Sub.-Production of property lists in Criminal Courts-instructions issued.

Ref.-l. Letter No. L.F. 37855/M3/76, dated 15th April t977 from the Examiner, Local Fund Accounts, Trivandrum.

2. Government Circular No. 28609/C1/78jHome, Trivandrum, dated March 1979.

The Police Officers and other departmental officers such as Forest Officers, Excise Officers and Food Inspectors who produce the case properties in the Criminal Courts now produce a list of properties in duplicate. One copy of the list is returned by the court with acknowledgment and the other copy is incorporated in the concerned case records. One copy of the list only will therefore be available in the records of the court. In case the records are not available in the courts due to reasons like appeal etc., the property lists also will not be available for the purpose of audit by the Local Fund Audit Department. To overcome this difficulty, it is suggested that an additional copy of the property list may be obtained from the concerned officers who produce the properties in the courts and to keep the same separately for reference in audit.

As requested by the High Court, the Government have now issued necessary instructions to the Heads of Departments concerned in the Government Circular cited second to produce lists of properties in triplicate while producing properties in the criminal courts. Copy of the circular cited is given below.

All the Chief Judicial Magistrates are, therefore, directed to issue necessary instructions to all the Magistrates to obtain property lists in triplicate from the Police and other departmental officers, one copy for return with acknowledgment of receipt, one for incorporation in the case records and the 3rd one to be separately kept for audit purposes.

(By order)

 C.J.ABRAHAM, Registrar.

COPY OF THE GOVERNMENT CIRCULAR

GOVERNMENT OF KERALA

Home (C) Department

No. 28609/Cl/78/Home, dated, Trivandrum, March 1979.

CIRCULAR

Sub.-Production of property lists in Criminal Courts-instructions-Issued.

Ref.-Letter No. 14-15419/77, dated 12th February 1979 from the Registrar of High Court, Ernakulam.

The Registrar of High Court has reported that at present Police Officers and other departmental officers such as Forest Officers, Excise Officers and Food Inspectors who produce the case properties in the Criminal Courts produce a list of properties in duplicate. The copy is returned with acknowledgement and the other copy is incorporated in the concerned case records. In case the records arc not available in the Courts due to reasons like appeal, etc., the property list also will not be available for the purpose of audit by the Local Fund Audit Department. To overcome the difficulty it is suggested that an additional copy of the property list may be obtained from the concerned officers who produce the properties in the Courts and to keep the same separately for reference in audit.

2. In the circumstances the Heads of Departments are requested to instruct the concerned officers of their departments to produce list of properties in triplicate while producing properties before the Criminal Courts.

K. ACHUTHAN NAIR, Deputy Secretary.

                    DI-22738/79, Cochin-682011, dated, 31st July 1979.

Sub.-77th Report of the Law Commission of India expeditious disposal of Matrimonial, Eviction, Accidents and Succession cases-Instructions issued.

The Law Commission of India in their 77th Report have made the following observations on delay and arrears of cases in trial courts:-

"There are certain categories of cases under Special Acts which, by their very nature, have an element of urgency about them and call for speedy disposal”

(a) Matrimonial Cases,

(b) Eviction Cases-Especially those on the group of bona fide personal necessity of the landlord.

(c) Cases filed before Motor Accidents Claims Tribunals. (d) Cases under the Indian Succession Act, 1925. It is therefore essential that the cases of above categories should receive prompt attention".

The District Judges and Chief Judicial Magistrates are directed to bestow prompt attention to the above categories of cases and to give preference to their disposal. They are also directed to forward to the High Court monthly statements showing the filing, disposal and pendency of these categories of cases. The statement should reach the High Court before the 10th of the succeeding month.

(By order)

C. J. ABRAHAM, Registrar.

           DI-5061/79, Cochin-682011, dated, 30th July 1979

Sub.-Civil Rules of Practice-Keeping of Nazir's Cash Register (CR-43) in Central Nazareth’s-Instructions issued -Regarding.

There is no uniform practice followed by the Central Nazaraths of the various Districts in keeping the Nazir's Cash Register in Form No. CR-43 of the Civil Rules of Practice, Kerala. While in some Central Nazaraths one single Register in CR-43 is maintained for all the Courts there under, in others separate Registers are being maintained.

All Subordinate Courts are hereby instructed that only one single Register in CR-43 need be maintained for all the Courts at a Station in the Central Nazarath.

(By order)

C. J. ABRAHAM, Registrar.

           Dl-6131J79, Cochin-682011, dated, 13th July 1979

Sub.-Army personnel involved in Civil Cases-Instructions issued-Regarding.

The Subordinate Courts are hereby instructed to comply with the provisions of section 32 of the Army Act, 1950 (Central Act 46/50) implicitly in disposing of civil cases. The said section is reproduced below for ready reference.

"32. Priority in respect of army personnel's litigation:-

(1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate from the proper military authority of leave of absence having been granted to

or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.

(2) The certificate from the proper military authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for.

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person. for priority for the hearing of his case.

(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.

(5) If in any case a question arises as to the proper military authority qualified to grant such certificate as aforesaid, such question shall at once be referred by the court to an officer having power not less than a brigade or equivalent commander whose decision shall be final".

(By order)

C. J. ABRAHAM, Registrar.

          DI-22925/79, Cochin-682011, dated, 25th June 1979

Sub.-Arrest, detention, etc., of the Members of Parliament Instructions issued-Regarding.

The following instructions are hereby issued for information and implicit compliance of the subordinate courts:

1. When a Member of Parliament surrenders himself before a court and he is taken into custody by the court, the fact should be intimated to the Speaker, Lok Sabha Chairman, Rajya Sabha by the court concerned.

2. When additional charges are leveled against a Member already under detention/arrest intimation should be sent to the Speaker/Chairman.

3. Intimation should also be sent when the nature of custody charges.

4. Intimation regarding the arrest/release of a Member should be sent to the Speaker/Chairman by telegram or wireless/teleprinter message.

(By order)

C. J. ABRAHAM, Registrar.

          D4-6135/79., Cochin-6820ll, dated, 21st April 1979.

Sub.-Cinemas-Exhibition of Obscene films in Theatres by interpolating portions cut and removed by the Central Board of film Censors-Instructions issued.

The concerned Judicial Magistrates are directed to dispose of promptly all applications for orders for seizure filed under section 7A of the Cinematograph Act, 1952.

(By order)

V. SIVASWAMY, Registrar.

           DI-37402/78., Cochin-682011, dated, 22nd March 1979.

Sub.-Numbering of criminal cases after remand-Instructions issued-Regarding

It is noticed that there is no uniform practice regarding numbering of criminal cases when they are remanded to the trial court. In some courts, the case is given a new number after remand while in other courts the case is taken back on file with its original number. The following instructions are therefore issued to ensure a uniform practice in all the Subordinate criminal Courts.

When a criminal case is remanded to the trial court by an appellate or revisional court, the case should be taken on file with its original number and not with any new number. The fact of remand and other particulars should be appropriately shown in the remarks column of the filing register.

(By order)

V. SIVA SWAMY, Registrar.

           Dl-190l/79., Cochin-682011, dated, 22nd March 1979.

Sub.-Expeditious disposal of cases filed under the Employees Provident Fund and Miscellaneous Provisions Act, 1952-Instructions issued.

The subordinate criminal courts are hereby instructed to deal expeditiously with cases filed under the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

(By order)

V. SIVASWAMY, Registrar.

 Dl-34778/78., Cochin-682011, dated, 13th March 1979.

Sub.-Adjournment of Sale in the absence of the Presiding Officer-Instructions issued.

It is noticed that there is no uniform practice regarding adjournment of court sales in the subordinate courts. The following instructions are therefore issued.

In cases where there are more than one Presiding Officer attached to the same court, and execution cases are generally dealt with by only one of them, the sale posted to any day may, in his absence, be conducted by the other or others. In such cases, the sale may be held in the court of the senior most officers available on that day.

If on account of the absence of all the Presiding Officers of that court, the sale cannot be proceeded with, the same ""Ill automatically stand adjourned to the corresponding day of the following week. It is not necessary that any specified day in the week shall be exclusively set apart for the conduct of court sales.

(By order)

V. SIVASWAMY. Registrar.

           C1-32404/78., Cochin-682011, dated, 5th March 1979

Sub.-Duties of Process Servers--Carrying of record boxes Clarification issued.

It is noticed that there is no uniformity in the practice relating to the carrying of record boxes to the residence of the Presiding Officers and back to the courts.

It is hereby directed that the carrying of record boxes to the residences of the Presiding Officers and back to the courts will be done by the Process-Servers and not by the personal peons.

(By order)

V. SIVASWAMY, Registrar.

Dl-35955/78., Cochin-682011, dated, 20th February 1979.

Sub.-Printing charges for extra copies of Judgments-Fixing of ceiling rate-Orders issued.

At present there is no uniform rule or procedure in the matter of payment of printing charges for additional copies of judgments in Sessions Cases.

Under Rule 340(7) of the Criminal Rules of Practice T.C. and Rule 173 of the Criminal Rules of Practice Madras, as applicable to some areas of the State, the number of copies to be supplied for the normal printing charges is hereby fixed as 16 and it is further ordered that the printing charges for each additional copy over and above the 16 copies will be 1/8 of the normal printing charge per copy.

(By order)

K. B. MENON, Registrar.

           B2-46797/78., Cochin-682011, dated, 17th February 1979.

Sub.-Kerala Children Act, 1972-Exercise of powers by the Judicial Magistrates under the Act-Regarding.

The Kerala Children Act, 1972 has been brought into force by Notification No. G.O. (MS) 17/78/Home, dated 6th March 1978. Under section 6 of the Act where a children's court has been constituted, such court will have subject to the provisions of the Act, exclusive jurisdiction with regard to proceedings under the Act relating to neglected children and delinquent children. But where no children's court has been constituted for any area, the powers conferred on the children's court are to be exercised by the Chief Judicial Magistrate, the Sub Divisional Judicial Magistrate and the Judicial Magistrate of the First Class. Children's court are yet to be constituted in the State.

The District Judges and Chief Judicial Magistrates are, directed to bring the above position to the notice of the subordinate officers working under them.

(By order)

K. B. MENON, Registrar.

           14-27199/78., Cochin-682011, dated, 19th February 1979.

Sub.-Stamp papers-Compliance with Rule 33A of the Kerala Manufacture and Sale of Stamp Rules 1969.

The attention of all the District Judges is invited to Rule 33A of the Kerala Manufacture and Sale of Stamp Rules, 1969 and they are directed to issue necessary instructions to the concerned officers to see that the stamp papers produced in courts bear the required seal of the treasury showing the date of issue at the bottom.

(By order)

K. B. MENON, Registrar.

           D4-6744/78., Cochin-682011, dated 2nd February 1979

Sub.-Seating accommodation for witnesses in Courts instructions issued.

Certain changes are considered necessary with regard to the present set up of the witness boxes in the courts. The following instructions are issued in the matter:

1. Seating accommodation should be provided for witnesses in the witness boxes. This may be done by minor adjustments and changes in the existing witness boxes.

2. While giving evidence, sitting witnesses will be the rule.

Depending upon his volition or option a witness may stand while giving evidence.

3. A ceiling fan should be provided over the witness stand.

(By order)

K. B. MENON, Registrar.

           D2-29809/78., Cochin-682011, dated 25th January 1979

Sub.-Preservation of Shorthand Note Books-Instructions issued-Regarding.

An instance has come to notice where the Original Judgment was found to be missing even before the preparation of the fair copy.

It is therefore directed that shorthand note books containing dictations of Judgments and Orders should be preserved at least till the fair copies are prepared.

(By order)

K. B. MENON, Registrar.

           Cl-11516/78., Cochin-682011, dated, 19th January 1979

Sub.-Restoration of seniority-Application of the provisos to rule 27 of the Kerala State and Subordinate Service Rules, 1958-Copy of judgment-Instructions issued.

Copies of the judgment of this court in O.P. No. 4100 of 1976 on the above subject are herewith forwarded to the District Judges and Chief Judicial Magistrates for information and necessary action. The gist of the decision is that superseded seniors will be entitled to regain seniority over their juniors who have not actually been confirmed on the date on which the senior acquired the test qualification and got promoted. This will be so even if earlier vacancies arc available for confirmation of the juniors.

The District Judges and Chief Judicial Magistrates will follow the above principle wherever applicable in fixing the seniority. They will also adhere to the instructions issued in Government letter No. 117435/SD3/75/PD., dated 29th November 1975 communicated under this office. endorsement No. D. Dis. 45037/75/ C1, dated 18th December 1975 directing that immediate necessary steps should be taken for the confirmation of those who are promoted to the U.D. cadre and to issue orders of confirmation without waiting for the seniors to acquire the test qualifications.

(By order)

K. B. MENON, Registrar.

           Dl-14661/78, Cochin-682011, dated 12th January 1979

Sub. -Criminal Courts-Supply of free plain paper copies of judgments to Public Prosecutors/ Assistant Public Prosecutors-Instructions-- Regarding.

The Sessions Courts and the Criminal Courts are directed to supply a copy of their judgments free of cost to the Public Prosecutor the Assistant Public Prosecutor as the case may be, on his written request for the same, in case they are not already doing so.

(By order)

K. B. MENON,

Registrar.

          C2-15253/78., Cochin-682011, dated 9th January 1978

Sub. --Personal peons attached to Civil and Criminal Courts Nature of duties-Clarification issued.

Ref. --High Court Circular No. 1/59, dated 1st January 1959. The attention of the subordinate officers is invited to High Court Circular No. 1/59, dated 1st January 1959.

A question has now been raised as to whether the bringing of lunch or tiffin to the Chambers of the Judicial Officers will be part of the duty of their personal peons. It is clarified that it will be part (If their duties.

(By order)

K. B. MENON, Registrar.

                   Dl-10790/78, Cochin-682 011, dated 13th December 1978

Sub.-Maintenance of disposal registers for interlocutory Applications and Execution Applications Issued.

A question has been raised as to whether the disposals of Interlocutory Applications and Execution Applications have to be shown in C. R. 17, i.e., the Register of Miscellaneous cases disposed of.

It is clarified that it is not necessary to maintain a disposal register for Interlocutory Applications and Execution Applications. the particulars of which are to be entered only in C.R. 9 and 11 respectively.

(By order)

K. B. MENON, Registrar.

          C2-8078/78, Cochin-682011, dated 6th December 1978

Sub.-Personal Peons attached to Civil and Criminal Courts Nature of duties-Clarification issued.

Ref.-(i) High Court Circular No. 1/59, dated 1st January 1959.

(ii) High Court Circular No. 1/78, dated 9th January 1978.

(iii) Govt. Circular No. 99953/Rules-2/7R/GAD., dated 2nd August 1978.

It was clarified in High Court Circular cited 2nd above that the bringing of lunch or Tiffin to the Chambers of the Judicial Officers will he part of the duties of the personal peons.

A question has now been raised as to whether the above clarification still holds good in the light of the Government Circular, dated 2nd August 1978 cited third above.

The Government Circular cited third, which only reiterates the instructions issued in a Government Circular, dated 16th April 1959, does not in any way affect the clarification issued in the High Court Circular cited second. The bringing of lunch or tiffin to the Chambers of the Judicial Officers will continue to be part of the duties of personal peons.

(By order)

K. B. MENON,Registrar.

 E5-32639/78, Cochin-682011, dated 19th October 1978

Sub.-Complaints of offences triable exclusively by the Court of Sessions-Directions-Regarding.

Ref.-Nil.

The new Code of Criminal Procedure (Central Act 2 of 1974) has dispensed with preliminary enquiries by committing Magistrates m cases triable exclusively by Courts of Sessions. Still committal proceedings are being HOW registered and numbered as P.E. (Preliminary Enquiry) Cases.

It is, therefore, directed that all committal proceedings arising, whether on private complaint or on police report, relating to offences triable exclusively by Courts of Sessions, will be registered and numbered as C.P. No of 19 .

These instructions shall be followed with effect from 1st January 1979.

(By order)

K. B. MENON, Registrar.

          D3-13696/75 dated 25^th September 1978

Sub.-·Offences under the Motor Vehicles Act-Inadequacy of sentences passed-Instructions-Regarding.

Ref.-l. High Court Circular No. 16/59, dated 27th May 1959.

2. High Court Circular No. 43/62, dated 22nd December 1962.

It has come to the notice of the High Court that in spite of the instructions issued in the circulars cited, many of the Subordinate Courts arc even now awarding unduly light sentences for offences under the Motor Vehicles Act and Rules. It is also noticed that proper heed is not being given by the Sessions Judges and Chief Judicial Magistrates to the propriety of the sentences awarded while perusing the calendars received by them.

The Sessions Judges and Chief Judicial Magistrates are, therefore, directed to see that the instructions issued in the matter are followed strictly by all the Courts.

(By order)

K. B. MENON, Registrar.

DI-14685/78, Cochin-682011, dated 22nd September 1978

It has come to the notice of the High Court that in many of the courts, the B-diary in Civil cases is not being written properly. The attention of the Subordinate courts is invited to Rule 384 of the Kerala Civil Rules of Practice and it is directed that the B-diary in all civil cases shall be written in strict compliance with that Rule.

(By order)

K. B. MENON, Registrar.

D1-31366/78, Cochin-682011, dated 1st September 1978

Sub.- Persons subject to the Military, Navy and Air Force Law when brought before the Magistrate and charged with offences which are triable by a Court Delay in supply of copy of Judgments and Orders free of cost-Instructions issued.

It has been brought to the notice of the High Court that certain Criminal courts are not complying with the legal requirements of Criminal Courts and Court-Martial (Adjustments of Jurisdiction) Rules, 1978 and Navy Act, 1957.

Rule 4 of the Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1978 provides that where a person subject to a Military, Naval or Air Force law is brought before the Magistrate and charged with an offence for which he is liable to be tried by Court-martial, the Magistrate shall give written notice of the same to the commanding officer or competent military, naval or air force authority of the accused person.

The rules mentioned above have replaced the Criminal Courts and Court-martial (Adjustment of Jurisdiction) Rules, 1952 incorporated in Rule 126 of the Criminal Rules of Practice, T. C. and Rule 105 of the Criminal Rules of Practice, Madras. A copy of the new Rules is enclosed herewith for information.

The attention of the subordinate criminal courts is invited to the new Rules and they are directed to follow them strictly,

(By order)

K. B. MENON, Registrar.

Ministry of Home Affairs, Notification No. S. O. 488

In exercise of the powers conferred by sub-section (1) of section 475 of the Code of Criminal Procedure, 1973 (2 of 1974), and in supersession of the Criminal Courts and Court-martial (Adjustment of Jurisdiction) Rules, 1952, the Central Government hereby makes the following rules for the trial of the persons subject to military, naval or air force law, or any other law relating to the Armed Forces of the Union by a Court to which the said Code applies, or by a Court-martial namely:-

1. These rules may be called the Criminal Courts and Court-martial (Adjustment of Jurisdiction) Rules, 1978.

2. In these rules, unless the context otherwise requires··(a) "commanding officer"',

(i) in relation to a person subject to military law, means the Officer Commanding the unit to which such person belongs or is attached;

(ii) in relation to a person subject to naval law, means the Commanding Officer of the ship or naval establishment to which such person for the time being belongs; and

(iii) in relation to a person subject to air force law, means the officer for the time being in command of the unit to which such person belongs or is attached;

(b) "competent air force authority" means the Chief of the Air Staff, the air or other officer commanding any Command, Group, Wing or Station in which the accused person is serving, or where such person is serving in a field area, the Officer Commanding the force or the air forces in the field;

(c) "competent military authority" means the Chief of Army Staff or Officer Commanding the army, army corps, division, area, sub-area or independent brigade in which the accused person is serving, and, except in cases falling under section 69 of the Army Act, 1950 (46 of 1950) in which death has resulted, the officer commanding the brigade or sub-area or station in which the accused person is serving;

d) "competent naval authority means the Chief of the Naval Staff or the Flag Officer Commanding Chief, Western Naval Command, Bombay or the Flag Officer, Commanding-in-Chief, Eastern Naval Command, Visakhapatnam or the Flag Officer Commanding, Southern Naval Area, Co chin or the Flag Officer Commanding, Western Fleet or the Flag Officer Commanding, Eastern Fleet or Senior Naval Officer where the accused person is serving.

3. Where a person subject to military, naval or air force law, or any other law relating to the Armed Forces of the Union for the time being in force is brought before a Magistrate and charged with an offence for which he is also liable to be tried by a Court-martial, such Magistrate shall not proceed to try such person or to commit the case to the Court of Session, unless-

(a) he is moved thereto by a competent military, naval or air force authority; or

(b) he is of opinion, for reasons to be recorded, that he should so proceed or to commit without being moved thereto by such authority.

4. Before proceeding under clause (b) of Rule 3, the Magistrate shall give a written notice to the Commanding Officer or the competent military, naval or air force authority, as the case may be, of the accused and until the expiry 01 a period of fifteen days from the date of service of the notice he shall not-

(a) convict or acquit the accused under section 252, subsections (I) and (2) of section 255, sub-section (1) of section 256 or section 257 of the Code of Criminal Procedure, 1973 (2 of 1974), or hear him in his defence under section 254 of the said Code; or

(b) frame in writing a charge against the accused under section 240 or sub-section (1) of section 246 of the said Code; or

(c) make an order committing the accused for trial to the Court of Sessions under section 209 of the said Code; or

(d) make over the case of inquiry or trial under section 192 of the said Code.

5. Where a Magistrate has been moved by the competent military, naval or air force authority, as the case may be, under clause (a) of Rule 3, and the commanding officer of the accused or the competent military, naval or air force authority, as the case may be, subsequently gives notice to such Magistrate that, in the opinion of such officer or authority, the accused should be tried by a Court-martial, such Magistrate if he has not taken any action or made any order referred to in clauses (a), (b), (c) or (d) of Rule 4, before receiving the notice shall stay the proceedings and, if the accused is in his power or under his control, shall deliver him together with the statement referred to in sub-section (1) of section 47.5 of the said Code to the Officer specified in the said sub-section.

6. Where within the period of fifteen days mentioned in Rule 4, or at any time thereafter but before the Magistrate takes any action or makes any order referred to in that rule, the commanding officer of the accused or the competent military, naval or air force authority, as the case may be, gives notice to the Magistrate that in the opinion of such officer or authority, the ac-:used should be tried by a Court-martial, the Magistrate shall stay the proceedings, and if the accused is in his power or under his control, shall deliver him together with the statement referred to in sub-section (1) of section 475 of the said Code to the officer specified in the said sub-section.

7. (1) When an accused has been delivered by the Magistrate under Rule 5 or 6, the commanding officer of the accused or the competent military, naval or air force authority, as the case may be shall, as soon as may be, inform the Magistrate whether the accused has been tried by a Court-martial or other effectual proceedings have been taken or ordered to be taken against him.

(2) When the Magistrate has been informed under sub rule (1) that the accused has not been tried or other effectual proceedings have not been taken or ordered to be taken against him, the Magistrate shall report the circumstances to the State Government which may, in consultation with the Central Government, take appropriate steps to ensure that the accused person is dealt with in accordance with law.

8. Notwithstanding anything in the foregoing rules, where it comes to the notice of a Magistrate that a person subject to military, naval or air force law, or any other law relating to the Armed Forces of the Union for the time being in force has committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through military, naval or air force authorities, the Magistrate may by a written notice require the commanding officer of such person either to deliver such person to a Magistrate to be named in the said notice for being proceeded against according to law, or to stay the proceedings against such person before the Court-martial if since instituted, and to make a reference to the Central Government for determination as to the Court before which proceedings should be instituted.

9. Where a person subject to military, naval or air force law, or any other law relating to the Armed Forces of the Union for the time being in force has committed an offence which in the opinion of competent military naval or air force authority, as the case may be, ought to be tried by a Magistrate in accordance with the civil law in force or where the Central Government has, on a reference mentioned in Rule 8, decided that proceedings against such person should be instituted before a Magistrate, the commanding officer of such person shall after giving a written notice to the Magistrate concerned, deliver such person under proper escort to that Magistrate.

E4-23277 /78. Cochin-6820 11, dated 26th July 1978

Sub.-Periodicals-Statement of properties from the Sessions Courts-Submission of-Directions issued-Regarding.

It has come to the notice of the High Court 'that at present no statement regarding the disposal, pendency etc. of properties is being forwarded, by the Sessions Judges to the High Court. The High Court is not, therefore, in a position to watch the progress in the matter of the disposal of properties in Sessions Cases.

The Sessions Judges are, therefore, directed to forward periodical statements regarding disposal of properties in Sessions Cases in their Districts, the first one covering the period from 1st January to 30th April, the second covering the period from 1st May to 31st August and the third covering the period from 1st September to 31st December. The statements should reach the High Court not later than the 20th of the succeeding month in the pro forma enclosed.

(By order)

K. B. MENON,Registrar.

Consolidated statement of property items for the period from ………to……..

In the Sessions court……………..District……………………….

Consolidated statement of property items for the period from ………to……..

In the Sessions court……………..District……………………….

Name of Court

No of items pending at the beginning of the period

No of items received during the period

Total

No.of items pending at the close of the period

Explanation for the balance pending

No of items covered by cases stayed or held up otherwise

No of items covered by appeals and revision petitions etc otherwise

No of items ripe for disposal but not disposed of

Reasons for delay in  disposal

Remarks

Valuables

Other items

Total

Sessions cases

Criminal appeals

Revisions

Other cases

Total

1

2

3

4

8

9

10

11

12

13

14

15

16

17

18

19

20

 Vig. 49488/76., Cochin-682011, dated 26th July 1978

Sub.-Officers conducting departmental enquiries and disciplinary actions -Guidance regarding - Instructions issued.

The following instructions are issued for the guidance of the Officers conducting departmental enquiries and disciplinary actions:-

I. The Officers are directed to follow strictly the provisions in paragraph 65 (2) of the Manual for Disciplinary Proceedings, which reads thus:

"Where a departmental enquiry follows a preliminary investigation or enquiry by an agency like the Vigilance Division or by a departmental officer only the statements and documents recorded in such preliminary investigation or enquiry shall be considered as relevant to the departmental enquiry. The conclusion and recommendations recorded in the report of the preliminary investigations or enquiry are not strictly records pertaining to the case, as far as the departmental enquiry is concerned and the accused Government servant shall not be given any access to the portions of the report containing these."

II. In enquiries conducted on the basis of the reports of the Vigilance Cell of the High Court, the Inquiring authorities should give advance information to the High Court, about the conduct of the inquiry, so that the Vigilance Cell can watch the proceedings and take such measures as are considered necessary for its proper conduct.

III. An order of suspension passed by the High Court can be revoked only by the High Court. The Subordinate Officers have no power to revoke an order of suspension passed by the High Court. Their attention is invited to sub-rule (6) of rule 10 of the Kerala Civil Services (Classification Control and Appeal Rules) 1960, which reads thus:

"An order of suspension made or deemed to have been made under this rule [rule 10 of the Kerala Civil Services (C.C. and A) Rules, 1960] may at any time be revoked by the authority which made or is deemed to have nude the order or by any authority to which that authority is subordinate.

(By order)

K. B. MENON, Registrar.

                    Crl. 669/78jCal., Cochin-682011, dated 5th July 1978

Sub.-Submission of calendars in Sessions Cases-Instructions issued.

The Sessions Judges in the Malabar area are not submitting calendars and judgments to the High Court within 8 days as stipulated in Rule 314 (i) of the Madras Criminal Rules of practice due to the delay in getting the printed copies of the judgment. In the Travancore Cochin area the calendars are submitted in time.' but with typed copies of the Judgments. To avoid delay in submitting calendars and to ha\'e a uniform practice in the matter, the Sessions Judges of the former Malabar area are directed to forward the calendars in time along with typed copies of the judgments if printed copies cannot b(' obtained in time.

Copies of Judgments should nevertheless be got printed as usual.

K. B. MENON,

Registrar.

          No. B5-8555/78., Cochin-682011, dated 6th July 1978

Sub.-Payment of T.A. and D.A. to Civil Judicial Officers when placed in additional charge of another Court Instructions issued.

An instance has come to the notice of the High Court where the presiding officer of a civil court who was put in full additional charge of another civil court in another station claimed traveling allowance for the journeys performed by him to visit that court on all working days late in the day to attend to routine administrative work.. The journeys were performed without obtaining previous permission.

The following directions are issued for the guidance of all subordinate civil judicial officers:

Civil Judicial Officers put in charge of another civil court in another station will normally be entitled to claim traveling allowance only for the journeys for the purpose of taking and handing over charge. Traveling allowance for any other journey will be admissible only if the journey is undertaken with previous permission.

K. B. MENON, Registrar.

           DI-29067/76., Cochin-682011, dated, 3rd July 1978.

Sub.-Registration as pleaders' clerks-Fixation of age limit Direction issued.

It is noticed that even boys of tender age, who cannot properly do the work of pleaders' clerks are applying for registration. A minor is not Sub juris and is incompetent to make an application or to act on behalf of others.

It is therefore directed that persons who have not attained the age of 18 years should not be registered as pleaders' clerks or allowed to act as such.                

K. B. MENON, Registrar.

           E1-28911/77., Cochin-682011, dated, 30th June 1978

Sub.-Appeals under section 6C of the Essential Commodities Act-Numbering of.

It is noticed that, at present, there is no uniform procedure in registering and dealing with appeals filed in District and Sessions Courts under section 6C of the Essential Commodities Act, 1955. They are being registered under different heads in different courts. While in some courts they are being dealt with on the civil side, in other courts they are being dealt with on the criminal side. It has been held by the High Court in Cr!. R. P. No. 12 and 13/76 that such appeals should be deemed to have been dealt with on the criminal side.

It is therefore, directed that all such appeals should be registered as Crl. Miscellaneous Appeals and dealt with as such.

K. B. MENON, Registrar.

          Dl-26963/76., Cochin-682011, dated 3rd May 1978

Sub.-Mobile Courts-Transfer of contested cases and release of the accused on bail.

Instances have been brought to the notice of the High Court where accused who pleaded not guilty to the charge before a Mobile Court, were asked to furnish bail with sureties and were, on their failure to do so, remanded to custody. This is unreasonable as the accused, who are apprehended on the road, will not be in a position to furnish bail with sureties. The proper course to be adopted in such circumstances will be to release the accused on his own bond.

(By order)

K. B. MENON,

Registrar. 

                    Dl-12973/77., Cochin-682011, dated 3rd May 1978

Sub.-Maintenance amount deposited in courts-Sending the amount to the payee by Money Order-Instructions issued.

The following instructions are issued with regard to the disbursement of the maintenance amount received in courts under section 125 of the Criminal Procedure Code. When maintenance amounts payable under section 125 of the Criminal Procedure Code are received in court and the person entitled to the amount is not present in court at the time to receive the same, the amount, less the M.O. commission should, as far as possible, be sent by the court, by Money Order to the person entitled to the same.

(By order)

K. B. MENON, Registrar.

          I4-34628/76, Cochin-682011, dated, 1st March 1978

Sub.-Issue of receipts for money received in Civil Courts Form to be used-Instructions issued.

It is noticed that there is no uniformity with regard to the form of the receipt used for the receipt of money in subordinate civil courts.

The following instructions are, therefore, issued for the guidance of the civil courts.

The receipt forms prescribed by the Civil Rules of Practice are to be used in cases of payment towards civil court deposits. The benera1 form T. R. 5 prescribed by the Kerala Treasury Code is to be used in case of payment to be credited to Government account as revenue.

(By order)

K. B. MENON, Registrar.

 Dl·30970/77., Cochin-682011, dated 6th February 1978

Sub.-Numbering of claim petitions under M. V. Act and Buildings (Lease and Rent Control) Act-General instructions-Issued.

It has been brought to the notice of the High Court that there is no uniformity in the practice followed by the Subordinate Courts in numbering the petitions filed under the Motor Vehicles Act and Buildings (Lease and Rent Control) Act.

According to the Circular cited, all petitions filed on the original side are to be filed as original petitions (O.Ps.) There is no separate column in the monthly returns from the subordinate Courts to show special kinds of O. Ps. But so far as petitions filed under the Rent Control Act are concerned, there is a separate column for Rent Control cases.

In partial modification of the instructions already issued in the circular cited, the following directions are issued to ensure uniformity of practice among the various courts:-

(i) Claim Petitions filed under the Motor Vehicles Act may be registered as Original Petitions with the letter 'M. V.' added within brackets as shown below:

O. P. (M. Y.) of 1978

(ii) Petitions filed under the Buildings (Lease and Rent Control) Act may be registered as R. C. P. of 1978.

(iii) Appeals filed under the said Act may be registered as R. C. A. of 1978.

(iv) Revisions filed under the said Act may be registered as R. C. R. P. of 1978.

(By order)

K. B. MENON, Registrar.

          D2-38923/77, Cochin-682011, dated 21st February 1978

Sub -Official Language-Judgment in Malayalam-Statement -Discontinuance of.

Ref. -High Court Circular No.7 /73, dated 18th July 1973.

2. High Court Circular No. 19/73, dated 19th November 1973.

In supersession of the instructions contained in the circulars cited, the officers mentioned below are informed that they need not furnish the periodical returns on the above subject to the High Court in future. But the particulars may be kept in each court to he furnished if and when required.

(By order)

(Sd.)

 Registrar.

                   C2-15253/77., Cochin-682011, dated 9th January 1978

Sub. --Personal peons attached to Civil and Criminal Courts Nature of duties-Clarification issued.

Ref. --High Court Circular No. 1/59, dated 1st January 1959.

 The attention of the subordinate officers is invited to High Court Circular No. 1/59, dated 1st January 1959. A question has now been raised as to whether the bringing of lunch or Tiffin to the Chambers of the Judicial Officers will be part of the duty of their personal peons. It is clarified that it will be part (If their duties.

(By order)

K.B.MENON, Registrar.

                   D2-9152/77., Cochin-682011, dated 2nd November 1977

Sub.-Criminal Appeals-Sending of judgments-Uniform practice prescribed.

Ref. --1. High Court Circular No. 1/1961. 2. High Court Circular No. 20/1965.

It has been noticed that no uniform practice is being followed by the courts in sending original judgments with the records when the records arc submitted for appeals, revisions etc. in criminal cases. While some Courts send the judgment as part of the records, some courts do not send the judgment.

The following instruction is therefore issued in the matter:

Whenever records are submitted to the High Court or other appellate and revisional courts for appeal, revision etc. in criminal cases, the original judgments should be sent as part of the records.

(By order)

K. B. MENON, Registrar.

 Dl.28453/77/R. Dis., .Cochin-682011, dated, 15th October 1977

Sub.-Fees payable to Advocates appointed at State Cost to defend accused in Sessions Cases-Regarding.

Ref.-l. Rule 24 of the T. C. Criminal Rules of Practice.

2. Rule 160 of the Madras Criminal Rules of Practice. as on 1st November 1956.

3. Government Notification No. LD (A) 1-3006/56/Law, dated 1st November 1956.

Under rule 24 of the T. C. Criminal Rules of Practice, the Sessions Judges are authorised to sanction the payment, to each Pleader engaged for defending the accused, at State Cost, a fee of Rs. 25 for each day of trial or Rs. 150 in the aggregate.

Under rule 160 of the Madras Criminal Rules of Practice (as amended unto October 1956), Sessions Judges are authorised to sanction the payment to each Pleader· engaged for the defence under rule 1)9 of a fee not exceeding Rs. 25 for each day of the trial or Rs. 250 in the aggregate. [This rule has since been amended by the High Court of Madras (new rule 199) by raising the fee for each day of trial to Rs. 35 and Rs. 300 in the aggregate. The amendment issued by the High Court of Madras is not applicable to the Courts in Malabar area.]

Under Rule 4 of Part II of the Government Notification cited 3 (i.e. ru1es regulating the conditions of services, duties and remuneration of the District Government Pleaders and Public Prosecutors) in cases in which Pleaders are engaged to defend persons accused of capital offences, Sessions Judges are empowered to sanction without reference to Government, a fee at the rate not exceeding Rs. 25 per diem subject to a limit of Rs. 250 in each case.

A doubt has been raised whether rule 4 of Part II of the Government Notification referred to will prevail over the provisions in the Criminal Rules of Practice.

The High Court after considering the matter hereby clarifies that rule 4 of Para II of the rules framed by Government as per the Notification cited 3 being a more special provision relating to the fees payable to Pleaders engaged to defend persons accused of Capital Offences, will, in cases which come squarely under the Rules, prevail over the more general provision contained in the rule 24 of the T.C. Criminal Rules of Practice and rule 160 of the Madras Criminal Rules of Practice.               (By order)

K. B. MENON, Registrar.

          D1··18615/77., Cochin-682011, dated, 13th October 1977.

Sub.-Caveats under Section 148A of the Civil Procedure Code (Section 50 of the Amendment Act, Act 104 of 76) Filing of-Instructions issued.

It. has come to the notice that caveats filed under section 148A of the Code of Civil Procedure are numbered as original petitions and are entered in the register of original petitions by some of the Subordinate Courts. The High Court hereby directs that caveats filed under Section 148A of the Code of Civil Procedure should be numbered as Caveat No.1, Caveat No.2 and so on. Court fee as prescribed in Article 18 of Schedule II to the Court-Fees Act should also be levied for each caveat.

(By order)

K. B. MENON,Registrar,

                    Dl-45563/76., Co~hin-682011, dated, 13th October 1977.

Sub.-Levy of fee for release of attached article from Court Instructions issued.

An instance has come to notice where a court, for releasing a bus attached and kept in the court premises, levied process fee at the same rate as the fee for attachment. It has also come to notice that some of the courts do not levy any fee at all for release of attached moveable kept in court premises.

After examining the matter in detail, the following instructions are issued:

Process fee has to be levied only in cases where a process for release or redelivery is issued. No fee need, therefore, be levied when no such process is issued. Even when such process is issued, fee should be levied only under item V (b) of the Table of Process fee in Appendix VI to the Civil Rules of Practice and not the fee for attachment.

(By order)

K. B. MENON, Registrar.

           DI-30907/77., Cochin-682011, dated, 24th September 1977.

Sub.-Court Fee Stamps·-Use of multiple stamps of lower denomination when higher denomination stamps are available further instructions-Issued.

Ref.-High Court Circular 42/62 (BI-7179/62, dated 21st December 1962).

It has been brought to the notice of the High Court that instructions contained in the circular referred to are not being strictly followed by some of the courts and that stamps of lower denominations are being received by courts where stamps of higher denominations are required to be produced in violation of the instructions contained in the circular cited.

The Subordinate Courts are directed to see that the instructions contained in High Court Circular cited 42/62 are strictly followed.

(By order)

K. B. MENON,

Registrar.

                    D1-10563/77., Cochin-682011, dated, 12th August 1977.

Sub.-Notices in Criminal Appeal-Noting of the name of Police Station, number of the Crime and the Sections of the new Code-Instructions issued.

It has been represented to the High Court that the mention of the crime number and the police station in notices issued from the courts in Criminal Appeals will help the Public Prosecutors in obtaining the records of the case expeditiously for the hearing of the apneal. It is therefore directed that the above particulars should be furnished in notices issued by the Courts in Criminal Appeals.

It has been brought to the notice of the High Court that many of the Criminal Courts, white using the forms printed under the old Criminal Procedure Code, do not enter the corresponding sections of the new Code. It is directed that while using the old form~ the sections of the new Code should be entered in the place of the sections under the old Code.

(By order)

K. B. MENON,

Registrar.

          D1-7656/77 /R. Dis., Cochin-682011, dated, 3rd August 1977,

Sub.-Distribution of warrants among Process Servers and Amins for execution-Monetary limit-Further instructions issued.

Ref.-I. Section 58 (IA) of the C.P.C. as amended by Act 104/76.

2. High Court Circular No. 13/73 [D1-32356/72 (C3)] dated 22nd August 1973.

In modification of the Circular cited, the High Court hereby directs that arrest warrants for sums of Rs. 1000 and below be entrusted with Process Servers for execution and that all other arrest warrants be entrusted with the Amins.

(By order)

K. B. MENON,

Registrar.

          DI-33716/76, Cochin-682011, dated, 16th July 1977.

Sub.-Arbitration O.Ps. Inclusion of name of work in the notices issued from courts--Instruction issued.

It has been brought to the notice of the High Court that in th0 notice~ relating to Arbitration Cases involving Government departments issued from courts, no mention is made about the name of the work or the department to which the arbitration O.P. relates. It is also reported that a lot of time is wasted by the departments for finding out the details of the cases which require urgent action.

After having considered the matter in detail, the High Court hereby directs that pending the framing of Rules under the Arbitration Act, the subordinate Courts should mention the name of the work and also the concerned Department in the notices issued by them in Arbitration O. Ps.

(By order)

K. R. MENON,

Registrar.

                   DI-15493/77., Cochin-682011, dated, 10th June 1977.

Sub.-Arrest, detention, etc. of M. L. As.-Intimation to the Speaker-Instructions issued.

Ref.-Appendix XV of the Civil Rules of Practice, Kerala Government letter No. 55806/C5/69/Home, dated 29th May 1970--Instruction relating to arrest, detention and release of M. L.As.

The Subordinate Courts are informed that the Government have reported to the High Court that communications are often addressed wrongly to the Secretary to the Legislature instead of to the Speaker himself as required by the rules cited. They are hereby instructed that communications regarding arrest, detention etc. of M. L. As. should be sent to the Speaker himself as contemplated in the instructions and not to the Secretary to the Legislature. No room for complaints in this regard should be given hereafter.

(By order)

K. B. MENON,

Registrar.

APPENDIX

Extract of Rules 160 and 161

160. Intimation to Speaker by Magistrate of arrest, detention etc., of a member.-When a member is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a court or is detained under an executive order, the committing Judge, Magistrate or Executive authority, as the case may be, shall immediately intimate such fact to the Speaker indicating the reasons for the arrest, detention or conviction, as the case may be, as also the place of detention or imprisonment of the member in the appropriate form set out in the third Schedule.

161. Intimation to Speaker on release of a member.-When a member is arrested and after conviction released on bail pending an appeal or otherwise released, such fact shall also be intimated to the Speaker by the concerned authority in the appropriate form set out in the third schedule.

Sub.-Mortgage Suits-Destruction of Records Rules-classification and retention under the rules-Clarifications and instructions issued.

A doubt has been raised whether for the purpose of destruction of records, suits for the sale of mortgaged property have to be classified as suits "affecting immovable properties" falling under Article l(a) or as suits "not already named" falling under Article 1 (e) in Appendix (e) of the Destruction of Records Rules.

After having considered the matter, the High Court hereby clarifies that such suits fall under Article 1 (a) of Schedule C and not under Article 1 (e).

It has further been brought to the notice of the High Court that in some of the subordinate

courts, in suits for sale of the mortgaged property, the records are destroyed even before a final decree is passed, after waiting for the periods mentioned in Article 1 (a) or Article 1 (e) of Appendix C. It has also come to the notice of the High Court that in reckoning the said period some courts also take into account the period of limitation of three years prescribed for applying for a final decree.

It is hereby clarified that the practice followed in some of the subordinate courts of destroying the concerned records in mortgage suits without the final decree being passed is opposed to the rules. In a case where only a preliminary decree is passed and a final decree is yet to be passed, the records will never reach the stage of completion as clarified in the explanation to Rule 2(1). The records in such cases shall be taken to have reached completion only on the date of the final order or decree of the court of first instance or in the event of an appeal or revision, on the date of the decree or final order of the appellate or revisional court. This point has been sufficiently made clear in clause (e) of the explanation to Rule 2(1). The several periods of retention mentioned against the various articles in Appendix C are to be reckoned only from the date of completion of the records and this is made clear in Rule 5. In a case where a final decree is yet to be passed, no part of the records can be destroyed so long as the final decree has not been passed. This is also further made clear in note (8) to Appendix C of the Destruction of Records Rules.

It is, therefore, hereby directed that the practice of destroying the records in mortgage suits without the final decree being passed, shall he discontinued forthwith.

(By order)

K. B. MENON, Registrar.

           Dl-29946/76/R. Dis., Cochin-682011, dated 18th February 1977.

Sub.-Final decree for partition-Revised final decree grossing on Non-Judicial stamp papers-Instructions issued.

Ref.-Rules 187, 236 and 237 of the Civil Rules of Practice, Kerala.

A doubt has been raised as to whether the party has to produce fresh non-judicial stamp papers for writing up the revised final decree when the earlier 'final decree passed by the trial court has been set aside on appeal or otherwise. The High Court after considering the matter hereby instructs as follows:-

The revised final decree can be legitimately treated as the modified form of the original final decree, the modification having been necessitated by the judgment or order of the Appellate Court.

The revised decree in such a case can be written in continuation of the original decree written on stamp paper, if necessary, by attaching plain sheets of paper. If however the appellate judgment or order necessitates the levy of additional stamp duty, the court should collect the same.

(By order)

K. B. MENON, Registrar,

           DI-45030/76., Cochin-6R2011, dated, 17th February 1977

Sub.-Need for expeditious disposal of cases relating to reckless and dangerous driving-Instructions issued.

The High Court hereby instructs all the subordinate criminal courts that cases involving traffic offences should be disposed of expeditiously.

(By order)

K. B. MENON, Registrar,

Sub.-Endorsement on certified copies-Entry regarding date of appearance to receive copy to be noted on copies Instructions issued.

It has come to the notice of the High Court that there is no uniformity in the matter of making endorsements on the certified copies of judgments/orders issued from the subordinate courts regarding the date fixed for the appearance of the party to receive the copy. That date is noted in the endorsement on the copies issued from the courts in the T. C. area while the same is not noted on the copies issued from the courts in the Malabar area. For the sake of uniformity, the High Court issues the following instructions.

The Examiner shall fix a date for the appearance of the applicant to receive the copy and notify the same on the notice board of the Court or his section. Should the copy be not ready for delivery on the date so fixed, the Examiner shall fix another day therefore and notify the same in a like manner on or before the date originally fixed for the delivery of the copy. The date finally fixed for receipt of the copy should also be invariably shown in the endorsement made on the copy at the time of its issue.

(By order)

K. B. MENON.

Registrar,

           DI-28500f76/R. Dis., Cochin-682011, dated 24th January 1977.

Sub.-Criminal Justice-Review of Calendars of Subordinate Magistrates after introduction of the Code of Criminal Procedure, 1973-Instructions issued.

The practice obtaining in the matter of submission of Calendars was re-examined in the light of the Code of Criminal Procedure, 1973, under which the powers of revision of the Chief Judicial Magistrates have been taken away. If all the Magistrates send up their judgments to the Sessions Judge, the latter may not be able to do full justice to the work of Calendar revision. It is therefore directed that the present practice of the Second Class Magistrates sending up their judgments to the Chief Judicial Magistrate can continue. In cases where there appears to be anything irregular or illegal in the judgment or order sent up to him, the Chief Judicial Magistrate should send up such judgment or order to the Sessions Judge with his report so that the Sessions Judge can properly exercise his statutory functions under sections 397 to 399 of the Criminal Procedure Code, 1973. The First Class Magistrates will continue to send up their judgments to the Sessions Judge through the Chief Judicial Magistrate as at present. The Chief Judicial Magistrate will also send up his judgments to the Sessions Judge as at present.

(By order)

K. B. MENON, Registrar.

          No. I1/43545/76., Cochin-682011, dated, 22nd January 1977

Sub.-Disciplinary proceedings under the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 Instructions.

Ref.-High Court Circular No. 9/67 (C5-16617/66/C1, dated 24th June 1967).

In supersession of the instructions contained in paras 1 and 4 of the High Court Circular No. 9/67 mentioned above, the following revised instructions are issued:-

As per the Kerala Judicial Ministerial Subordinate Service Special Rules that came into force with effect from 7th October 1975, the District Judges and the Chief Judicial Magistrates are appointing authorities in respect of the posts covered by the rules in their districts. So, in view of Rule 13 (2) (b) of the Kerala Civil Services (C.C. and A.) Rules, 1960, the District Judges and the Chief Judicial Magistrates are competent to impose even major penalties on officers holding those posts in appropriate cases. They should therefore, after conducting disciplinary proceedings in proper cases in accordance with the rules, pass final orders in exercise of their disciplinary powers and make a report of the result of the matter to the High Court forwarding a copy of the final orders as well as a copy of the enquiry report in the case.

Similarly, the other presiding officers should also exercise their disciplinary powers under the rules in proper cases and pass final orders themselves in matters where they are competent to do so, instead of merely making reports to their superiors. They should also communicate to the authority to whom they are immediately subordinate all final orders passed by them so as to enable it to exercise its own disciplinary powers or its powers under Rule 37 in fit cases. This would also give the employee concerned an opportunity to appeal against the orders passed if he feels himself aggrieved.

(By order)

K. B. MENON,

Registrar.

          No. DI-43107/76/R. Dis., Cochin-682011, dated 18th January 1977.

Sub.-Use of ball pens in offices of Sessions Courts for taking copies of depositions--Instructions issued.

Ref.-1. Endt. on L. Dis. 37447/75/14, dated 27th October 1975, High Court, Cochin-ll.

2. High Court Circular 22/69.

It is directed that when an extra copy of undecipherable original deposition has to be forwarded to the High Court in Criminal Cases under High Court Circular 22/69, the same may be prepared simultaneously with the first copy by writing the same with ball pen and by taking a carbon copy thereof. Special care should however be taken to see that the copies are readable.

(By order)

K.B.MENON, Registrar.

          No. Dl-25678/76., Cochin-682011, dated 12th January 1977.

Sub.-Writing of B diaries in Criminal Courts-Discontinuing of.

The High Court after considering the practice obtaining in the matter in the Malabar and the areas of the State hereby directs that the writing of B diaries in the Criminal Courts in the T. C. area be discontinued.

(By order)

(Sd.)

 Registrar.

                   No. Dl-31137/76, Dated, 8th November 1976.

Sub.-Deposition before court by officers of Income Tax Department-Not to compel to depose in Malayalam Instructions issued.

It has been brought to the notice of the High Court by the Commissioner of Income Tax, Kerala that one of his officers when examined as a witness in a case filed by that department for offences under the Income Tax Act and the Indian Penal Code was compelled by the court to depose in Malayalam and has stated that if his officers have to depose in Malayalam it will be very difficult for them as all Departmental Proceedings are in English and the matter involved is too technical to be expressed in a language other than the language in which it is dealt with from the first stage. He has requested the High Court to allow his officers when appearing before courts as witnesses to depose in English.

After having considered the matter the High Court issues the following instructions:-

If a witness is inclined to depose in English, there is no provision whereby the court can compel him to depose in Malayalam even if it is possible for the witness to do so. Judicial Officers who examine the officers of the Income Tax Department as witnesses should. understand the necessity of avoiding inconvenience to them by being compelled to depose in Malayalam in respect of technical matters which can be expressed much more easily in English. There is no legal warrant for compelling a witness to give his testimony in Malayalam if he prefers to depose in English which is also notified as the court language.

                             No. DI-8139/76, Dated, 15th October 1976.

Sub:-Offences under Plantation Labour Act and Statutes imposing minimum punishment-Inadequacy of punishment and order-Instructions issued.

It has been noticed by the High Court from the statistics furnished by the various Criminal Judicial Officers relating to cases under the Plantation Labour Laws and other similar laws that in almost all such cases invariably only light punishments like the imposition of fines, is imposed.

Though the High Court is averse to give administrative directions regarding judicial matters like the award of punishment in criminal cases, the High Court would like to emphasis that offences which involve violations of the provisions of social welfare legislations should be viewed with the seriousness they deserve and that proper and adequate punishment should be imposed in accordance with law.

                    No. D6-23221/76, Dated, 24th September 1976.

Sub:-Sending up of the records to Land Tribunal-Procedure followed-Regarding.

A specific instance has been brought to the notice of the High Court where a subordinate civil court sent an original rent deed produced by a plaintiff in a case to the Special Tahsildar (L.R.) and the same has not been received back from the Special Tahsildar (L.R.). The Special Tahsildar reported that he is under the impression that the document might have been misplaced in civil court itself.

It has not aware whether the records are not indexed, listed and sent when they are sent to the Land Tribunal or they are simply bundled up and sent.

Therefore the civil Courts in the State are hereby directed that hereafter a copy of the list of records sent to the Land Tribunal should be kept by the civil court from which reference is made to the Land Tribunal. On the return of the records, they must be verified with the list kept in the civil court.

The District Judges are requested to direct all the civil courts subordinate to them to follow the above procedure.

                    No. 14-38628/76 Dated, 10th August 1976.

Sub:-Food samples to be forwarded to the Central Food Laboratory, Calcutta for analysis in cases under P.F.A. Act Packing and forwarding charges -Meeting of -instructions issued.

It has been brought to the notice of the High Court that different practices are being followed by different courts in the State in the matter of meeting the expenses towards packing and forwarding charges of the food samples to be sent to the Central Food Laboratory, Calcutta for analysis. In order to have a uniform practice throughout the courts in the State, the High Court hereby issues the following instructions.

Whenever parties make an application to the court for sending food samples to the Central Food Laboratory, Calcutta for analysis, they may be asked to produce the necessary packing materials and postage stamps in addition to the fee of Rs. 40 payable to the Central Food Laboratory for the certificate.

                             D1-41706/73, Dated, 27th July 1976.

Sub:-Execution of process and arrest warrants outside the jurisdiction of the issuing courts-Collection of T.A./D.A. for process servers/ Amins- Instruction issued.

A doubt has been brought before the High Court for clarification whether T.A./D.A. has to be collected towards the expenses of the Amin/Process Server for producing the judgment debtor before a superior court from the local limits of an outlying court, from the party at whose instance the arrest is made.

As there is no provision regarding the same in the rules the High Court hereby issues the following instruction in the matter.

"Before a superior court issues a warrant at the instance of a decree-holder for the arrest of a judgment debtor which has to be executed by an Amin or Process Server of an outlying court, the decree-holder shall be directed by the superior court to deposit the T.A. of the Amin or Process Server from the place of arrest to the superior court and back from there to the court to which he is attached as well as the T.A. for the judgment debtor from the place of arrest to the superior court."

                              No. Dl-38794/73, Dated, 26th July 1976.

Sub:-Issue of refund orders-Rule 373 of the Civil Rules of Practice, Kerala-Filing of application for refund of court fee-Instruction issued.

It is seen from the reports received from the various districts in the matter that when the court makes an order for refund of court fee, in some courts refund is made only if a separate application is filed and in some courts refund is made as per the direction in the judgment and no separate application for the same is insisted.

In order to have a uniform practice the High Court hereby directs that when an order of refund of court fee is made by court, all courts should insist on a memo being filed for issuing refund orders.

                             No. B1-18797/76, Dated, 25th June 1976.

Sub:-Uniform practice to be followed in forwarding applications for various posts-Directions issued.

It has come to the notice of the High Court that applications are forwarded to the High Court from Officers of the Judicial Department without any specific written request for forwarding the said applications to the addressees concerned.

The High Court hereby directs that all subordinate officers should hereafter forward a written request to the High Court along with their application for employment in other departments specifically stating to forward the said application to the addressee concerned.

The District Judges and the Chief Judicial Magistrates are directed to see that the applications for employment in other departments received from the officers subordinate to them are accompanied by specific written request of the applicant for forwarding the said applications to the concerned addressees.

                              No. Dl-12273/76, Dated l1th June 1976.

Sub:-Serving of summons in Prosecution Cases under Labour Laws-Instructions issued.

It has been brought to the notice of the High Court that some of the Criminal Judicial Officers are insisting in prosecution cases launched by the Assistant Labour Officers to serve the summons through that department and that on account of that they are put to much difficulties.

            Subject to any rules that the State Government may make the summons has to be served by Police Officers under section 62 of the Cr. P.C. 73. As no rule has been issued by Government in the matter the High Court hereby directs that summons in prosecution cases under Labour Laws shall be served through the Police as required u'1der section 62 of the Cr. P. C., except in cases where the Assistant Labour Officers offer to do so.

                             No. Dl-34197/75, Dated, 28th April 1976.

Sub.-Bonds-Breach of condition instructions issued.

It has been brought to the notice of the High Court that the practice followed in all the courts in the matter of realising penalties on breach of conditions is not uniform, that some courts are realising the amount under rule 370 of the Civil Rules of Practice, Kerala treating it as a decree debt on the application of the decree-holder, the expenses being met by the decree-holder and that the other courts are realising the amount as per the provisions of section 69 (2) of the Kerala Revenue Recovery Act.
             The High Court after considering the matter in detail hereby directs the subordinate courts that the amount mentioned in the security bond shall be treated as a decree debt and Le recovered as such and not by resorting to Revenue Recovery Proceeding.

                    Dl-4493/76, Dated, 20th March 1976.

Sub.-Issue of summons to the Director of Forensic Science Laboratory-Noting of Crime No., Name of Police Station, etc., in the summons-Instructions issued. 

It has been brought to the notice of the High Court that the courts are issuing summons to the Director of Forensic Science Laboratory without noting therein the particulars such as Crime No., the name of the police station, his office file No. etc., and that this causes much difficulty for him to trace out the concerned file and has made a representation to request the courts to note such particulars in the summons whenever summons are issued in his name. The High Court considering the matter in detail issue the following instructions in the matter:

Whenever summonses are issued to the Director of Forensic Science Laboratory, the full particulars such as Crime No., the name of the police station, the office file No. of the Forensic Science Laboratory, if any, must be shown in the summons in criminal cases and the court file Nos. in regard to civil cases so as to enable him to locate his file.

                             No. Dl-47581/75, Dated, 20th March 1976.

Sub.-Release of prisoner on payment of fine in jail-Instructions issued.

It has been brought to the notice of the High Court that an accused who was sent to jail for default of payment of fine when released by the jail authorities concerned, immediately when the fine in full was paid in the jail, the judicial officer concerned issued a memo to the Superintendent of the Jail directly asking his explanation for releasing the prisoner without the prior sanction of the court concerned. Considering the matter in detail the High Court hereby issues the following instructions for future guidance.'

A sentence of imprisonment for default of payment of fine by its very import will stand executed the moment fine is paid. It is not the practice of the jail authorities to seek the permission of the courts for such release. Under section 430 of the Criminal Procedure Code, 1973 (Section 400 of the old Code) when a sentence has been fully executed, the officer executing it should return the warrant to the court from which it is Issued with an endorsement under his hand certifying the manner in which the sentence has been executed and section 430 does not make any distinction between imprisonment proper and imprisonment in default of payment of fine. Therefore it is up to the jail authorities to release the prisoner on receipt of the amount of fine. Such mistakes mentioned in the foregoing paragraphs should not be repeated in future. If any of the judicial officers feel that some irregularities have been committed by an officer of a different department, it is better that the same is brought to the notice of the High Court so that the High Court after examining the matter can take necessary action.

                             Dl-41566/75, Dated, 18th March 1976.

Sub.-Amount in court deposit-Sending payee's receipt in advance- Instructions issued.

It has been brought to the notice of the High Court that a decree-holder applied for the amount due to him which is lying in court deposit of another court and when the court to which the application was presented made a formal request to the court where the amount is lying in the court deposit, the latter court insisted for an advance receipt for the amount. On this the former court requested clarification to the High Court whether a receipt in advance has to be sent by one court to another court for sending the money in the court deposit of the latter court. The High Court after considering the matter in detail hereby issues the following instructions.

When an amount is sent by one court to another, the latter court ha" to acknowledge the receipt of the amount. Whether such acknowledgement should be in the form of a formal receipt and whether it is to be a receipt sent in advance or one that need be sent only after receipt of the amount do not appear to be governed by the rules. Then forced to have a uniform practice till relevant provisions are made in the rules, the subordinate courts are requested to send a receipt in advance whenever they make a request to another court for money from other courts; as there is no harm in sending advance receipt.

           Dl-30324/75, Dated, 27th February 1976.

Sub.-Issue of summons to prosecution witnesses in sessions cases-Instructions issued.

A doubt has been brought before the High Court for clarification regarding the issue of summons to witnesses in sessions cases i.e., whether summons is to be issued directly by the Sessions Court or through the committing court. The High Court after considering the matter in detail hereby directs that in all cases tried by court of sessions, whenever it becomes necessary to issue summons for the production of witness or documents, the summons should be issued directly by the court of sessions trying the case. Sections 230 and 233 of the new code clearly contemplate the Sessions Court itself to issue summons to prosecution and defence witnesses on the application of the prosecution or the accused as the case may be.

                   D1-31987/75, Dated, 25th February 1976.

Sub.-Code of Criminal Procedure, 1973-Section 209 (c)) Sending properties involved in cases to the Sessions Court by the committing court-Instructions issued.

Under section 209 (c) of the Code of Criminal Procedure, 1973 the committing Magistrate is bound to send the records of the case, the documents and articles, if any, which are to be produced in evidence to the sessions Court when the case is committed. I t has been represented to the High Court by the Sessions Judges that this method of sending the articles also along with the case records when the case is committed will cause much inconvenience and difficulties to the Sessions Court, in keeping the articles, and to make another transfer if the case is made over to some other court of sessions. Some of the Sessions Judges have even issued direction to the criminal courts that articles involved in cases need not be sent to the court of sessions along with case records when the case is committed and that they need be sent only when called for. The Chief Judicial Magistrates are of the view that if the articles are not sent along with the case records as provided in the code there is chance of the items remaining undisposed of in the committal court, if the case is disposed of without calling for the properties, as under section 452 of the code it is the trial court which is to dispose of the property.

The High Court after considering the matter in detail issues the following instructions:

The properties involved in sessions cases need be sent only after the Sessions Judge decides which court is to dispose of the case. But if by chance the court which is to try the case omits to call for the properties and they are not marked there is the risk of the items remaining undisposed of, in the committal court and under section 452 of the Code of Criminal Procedure, 1973 it is the trial court which is to dispose of the property. Therefore whenever the Sessions Judge decides to try the case himself, he will make it a point to intimate the date 01 posting to the committing court and direct the court to send the items 01 property. If he decides to make over the case to some other court, a copy of the order of making over the case should be sent to the committing Magistrate with a direction to send over the properties to that court, e\en without a formal request by that court. The committing courts will send a list of the properties in the case along with the case records when the case is committed.

                   No. E2-8406/75/R. Dis.,Dated, 13/16th February 1976

Sub.-Statement of stayed cases-Regarding.

There have been many instances where most of the lower courts , failed to take appropriate action in time and to proceed with the cases in the lower courts even after receipt of intimations about the disposal of the cases on the file of the High Court which caused the stay of such cases in the lower courts and even after receipt of copies of High Court Judgments and lower court records concerned.' Such cases are still shown in the statements as pending due to stay orders from the High Court. when the reason for such mistakes are asked for, the concerned courts used to say some excuse like the records received from the High Court were misplaced or the clerk concerned did not bring the fact to the notice of the Presiding Officer and -so on.

All the courts in the State are informed that such mistakes, if committed in future will fol1ow severe consequences.

                             D1-46153/75, Dated 9th February 1976.

Sub.-First appellate judgment against orders in execution and judgments in suits of the Munsiff Courts-Mentioning of the number of the lower court proceedings in the appellate judgments and orders-Instructions issued.

It has been brought to the notice of the High Court that in some cases the reference number of the Munsiff's Court Proceedings are not mentioned in the first appellate judgments pronounced in appeals taken against the order and judgments passed in those proceedings and this omission is causing substantial inconvenience in the matter of execution of decrees. It is necessary that the appellate judgments should disclose in their preface the number of the proceedings in the lower court from which the appeal has arisen.

Form No.9 in Appendix G of the Civil Procedure Code, 1908' is the form prescribed for an appellate decree and in that form particulars of the proceedings of the lower court have to be shown.

The High Court, therefore, hereby directs the subordinate Civil Courts to show the same particulars as required by Form No.9 mentioned above, also in the preface to the appellate judgment. It is further clarified that the particulars regarding valuation need not be shown in the preface to the appellate judgment.

                             DI-33365/75. Dated, 20th November 1975.

Sub.-Issue of summons to official witnesses-Mode of serving Instruction issued.

It has been brought to the notice of the High Court that it is very difficult to secure the presence of the official witnesses, especially Excise Officers because their correct addresses are not furnished to courts when they are transferred and that this causes delay in disposing cases. Therefore the subordinate courts are hereby instructed that summons to official witnesses should be issued through their Departmental Heads so that even if at the time of service [he witness is not at the station shown in the summons, it will be forwarded to the station where the witness is actually working.

The Subordinate Courts are also instructed that while sending summons through the Departmental Heads they should also send duplicate summons to witnesses concerned either through post or through the police in the addresses shown in the charge sheet.

Regarding serving of summons to police witnesses circular 11/68 will continue.

                             C1/370/75, Dated, 10th November 1975.

Sub.-Charge arrangements made in the vacancies of supervisory posts (non-gazetted)-Subordinate courts regarding.

Ref.-l. High Court Circular ~ o. 14/62, dated 7th March 1962. 2. Letter No. 44038/S0-PR/74/Fin., dated 13th September 1974 (High Court endt. on O.M.L. Dis. No. 37813/ 74/C5, dated 21st October 1974).

3. G.O. (P) No. 177/75/PD., dated 2nd September 1975.

As per rule 5 (b) of the Kerala Judicial Ministerial Subordinate Service Rules issued as per the G.O. cited (3) above, appointing authority for the posts in the civil wing of the subordinate courts-is the District Judge and for the posts in the criminal wing, the Chief Judicial Magistrate. Hence the District Judges and the Chief Judicial Magistrates (T.C. area) are informed that they can make charge arrangements in the vacancies of posts in which they are the appointing authorities under intimation to the High Court. While making such charge arrangement they should strictly observe the rules and the directions on the subject issued in the reference cited (I) and (2) above. They are also directed that they need not in future report cases of charge arrangements to the High Court for ratification.

                             RlO/75,Dated, 17th October 1975:

Sub.-Interim Orders (Injunction orders, Stay orders, etc.)-Communicating of-Instructions issued.

Delay is often seen occurring in communicating interim orders such as orders of stay, injunction, etc. The following instruction is issued for enabling the speedy dispatch of these orders.

Process memos to be filed for the purpose of communicating interim orders urgently shall be marked "stay-urgent", "Injunction-urgent", etc., as the case may be. They, along with necessary notice forms duly and correctly filled up, shall be produced before the Receiving Officers of the filing section by the concerned parties, counsels or their registered clerks sufficiently early and not later than 12-30 p.m. On receipt of them the filing section and other concerned sections will take urgent action so that the respective interim orders can be despatched from the office on the very day the process memos are received in the office.

Process memos received after 12'30 p.m. will also be attended to promptly. The filing section will· transmit those memos to the concerned sections before 1 p.m. on the next day positively.

                              I1-35285/75, Dated, 10th October 1975.

Sub.-Issue of certificates by Judicial Officers in applications for passports-Further instructions issued.

Ref.-High Court Circular No. 14/70, dated 27th May 1970.

The attention of all Judicial Officers is invited to the High Court Circular No. 14/70 regarding the issue of certificates in applications for passports. The High Court hereby directs that the Judicial officers should issue certificates in passport applications, unless the person in whose favour the certificate is issued is personally known to the officer for at least a period of two years.

2 Violations of this instruction and the instructions on the subject already issued will be viewed by the High Court very seriously.

3. The District Judges and Chief Judicial Magistrates are also directed to send for every quarter a consolidated statement showing details of the certificates issued by the Judicial Officers in their district in passport applications. The details should be supplied in the pro forma given below:

PROFORMA

Name of the Officer who issued the certificate

Name and address of the person to whom the certificate was issued

Date of issue of the certificate

Whether personally known to the Officer for two years or not

1

2

3

4

4. Judicial Officers who are on other duty will also forward such statements to the High Court through their official superiors.

5. The statements for each quarter should reach the High Court by the 10th of the succeeding quarter. The statement for the quarter ending 31st December 1975 will be sent to the High Court by the 10th January 1976.

                   D1-22316/75 Dated, 30th September 1975.

Sub.-Service of processes -Counting of personal Service of Processes and arrest warrants-Fixing minimum outturn for the Process Serving Staff-Uniform procedure issued.

No minimum out turn of work to be shown by the process servers or Amins in the matter of personal service of processes is fixed under the Civil Rules of practice, Kerala. There was such a minimum fixed under the Travancore Civil Court Guide (repealed). The Madras High Court also has fixed a minimum out-turn in the m3.tter by a Circular. But when such a minimum was fixed, the processes were not served by registered post. Considering the matter in detail, the High Court is pleased to fix a minimum out-turn for the due execution of processes at 65 percent of the total number of processes entrusted for execution to any process server. The said minimum of 65 per cent shall be separately ascertained in the matter of execution of arrest warrants.

2. However in the case of the courts mentioned below, a slightly less percentage is fixed as shown below having regard to the difficult terrain of the lands over which such courts exercise jurisdiction.

Sub Court and Munsiff's Court, Pathanamthitta

Munsiff's Court, Punalur

Munsiff's Court, Kanjirappally     }                            60 per cent

Munsiff's Court, Chittur

Munsiff's Court, Mannarghat

Munsiff's Court, Devicolam

Munsiff's Court, Kalpetta            }                            50 per cent

Munsiff's Court, Manantoddy

3. In fixing the above minimum the following will be counted as due service:

(i) In the case of arrest warrants, the process shall be deemed to have been duly executed only-

(a) When the judgment-debtor is produced before the court,

(b) When the judgment debtor is not produced but part or full satisfaction is reported by the decree-holder.

Note:-(i) In the case of an additional process server, if any, sent to escort the judgment-debtor on arrest, the process will be treated as duly executed, if the judgment-debtor is produced in court. The arrest warrant shall not be deemed to have been duly executed in casts when the judgment-debtor is reported to have escaped from custody after arrest or when the arrest is not effected on the ground that the decree-holder or his Advocate or agent has endorsed on the warrant that the same need not be executed, or when the warrant is returned stating that the judgment-debtor is dead or is out of station.

(ii) Sale warrants shall be deemed as duly executed when the sale is held or fails for want of bidders when held in court premises or when the sale is stopped or adjourned under the court's orders.

Note:- The sale warrant shall not be deemed to have been duly executed in cases when the sale is held away from the court and fails for want of bidders.

Attachment and delivery warrants shall be deemed as duly executed when attachment and delivery are effected or when recalled by the court on the motion of the decree-holder after it has been issued to the process servers.

(iv) Other processes shall be treated as executed only when actually served on the party or anyone on his behalf as contemplated in Order V of the C.P.C.

Note:-Service on other adult member of the family or service by affixture for refusal or otherwise as contemplated in Rules 15,17 and 20 of Order V, C.P.C., shall be treated as -due execution of the process only if the court orders such service as due service and acts upon it.

4. The process servers who fail to make the minimum out-turn should be kept in the observation list and their work should be watched for the next three months and if there is no improvement such persons need not be issued any processes thereafter for a period of 6 months. They will be put on night watch, court duty, office duty etc. for 6 months. Then if on the issue of processes to them, such persons again fail to show the minimum outturn, substantive punishment should be imposed, framing charges under the Civil Services (classification Control and Appeal) Rules, 1960. Minor punishment may be sufficient in the first instances; if there is no improvement even after the imposition of such minor punishments, more serious punishments will have to be imposed. But in the case of persons on medical leave for long periods and of indifferent health and persons past 55 years, some leniency should be shown in reviewing the work and taking action, if the minimum outturn is not shown.