G1-2538/57 dated 29^th June 1957

Sub:-Representation and correspondence addressed to the High Court-Routing of- Regarding.

Some of the subordinate Judicial Officers address the High Court direct, instead of routing their representations and correspondences through the proper channel. This practice must stop forthwith. All future communications to the High Court must be through the departmental superiors and should be addressed only to the Registrar.

D. 375/58, dated 25th March 1958

Sub .-Budget-Control of expenditure-Reconciliation-Submission 

Ref.-l. High Court's Circular No. BS 3- 4815/57, dated 28th October 1957.

       2. Do. No. BS 3-4819/57, dated 23rd December 1957 (45/57).

       3. Do. No. D. 292/58, dated 19th February 1958 (5/58); and

       4. Do. No. D. 375/58, dated 6th March 1958.

It has been noticed that the consolidated expenditure statements received from the sub controlling officers are still defective in some respects. Some courts commit mistakes in totaling up the expenditure figures; some courts forward statements to the High Court before cross, check is made; in some cases the consolidated statements do not show the court-war particulars and statements are forwarded to the High Court without covering letters making mention of the reconciliation or variations noted by the disbursing officers. Hence much difficulty is experienced in the High Court to consolidate the statements and to reconcile the departmental figures with those booked in the Comptroller's Office. To avoid these difficulties the instructions given below and those in the circulars read above should be strictly followed by the sub controlling officers in future.

The consolidated expenditure statement in Form D should contain the court-war figures also.

Grand total of the expenditure figures should be shown in the consolidated statement and it should be forwarded to the High Court on the due date only after cross-check is made.

The consolidated statements should be accompanied by a covering letter stating the variations if any noted by their subordinates or the fact of reconciliation for easy reference.

The District Judge, District Magistrates and the Registrar of Village Courts are therefore directed to adhere to the above instructions and those contained in the circulars read above strictly in future.

141/59 dated 25^th March 1959

Sub.-Criminal Justice-Supply of lower court records to the Public Prosecutor or Assistant Public Prosecutor in P. E. Cases, Criminal Appeals and Criminal Revisions -Instructions issued.

It is brought to the notice of the High Court that no uniform practice is being followed by the subordinate magistrate courts in the former T. C. area in the matter of supply of copies of the records in Preliminary Enquiry and other Criminal Cases to the Public Prosecutors and Assistant Public Prosecutors. A question has been raised whether the Public Prosecutors or the Assistant Public Prosecutors should be supplied with copies of the records necessary to conduct the case free of cost by the courts or whether such copies should be supplied on their application and on the production of stamp papers by them.

There is no rule in the Criminal Rules of Practice (T C.) requiring courts to supply free copies of the records to Public Prosecutors or Assistant Public Prosecutors. But under rule 330 of the Criminal Rules of Practice (T. C.) the officers of the Police Department and the Public Prosecutors are entitled to get certified copies of the records from courts irrespective of the fact whether such records relate to their own Department or not, on the application and on production of stamp papers.

Having considered the matter the High Court considers that it will create difficulties if a rule is made that every court should prepare and supply free copies of records to the Public Prosecutors. The subordinate magistrate Courts are informed that they need not prepare and furnish, free of cost, copies of the records to Public Prosecutors or Assistant Public Prosecutors. Public Prosecutors or Assistant Public Prosecutors may apply and get attested copies on stamp sheets produced by them just as any other party.

A1-738/57, dated 15^th June 1960

Sub.-Misappropriation of money-Instructions issued.

In the Special         Ist Class Magistrate's Court, Ernakulam a large amount of money received on 22nd March 1954 as sale proceeds was found to have been misappropriated. It was shown in the accounts as having been remitted to the treasury on 27th March 1954 and a chalan was produced. Subsequently it was discovered that the money was not so remitted and that the chalan produced by the Head Clerk was a forged one.

In the above said court there was long delay in remitting money received in court into the treasury. The entire opportunity for misappropriation arose because large sums of money were being kept in the court without being remitted into the treasury. The instructions appended to the property register require that all valuables shall be

scrutinised and checked by the presiding officer carefully once in three months and the result thereof recorded in the register. Article 189 of the Travancore Financial and Account Code requires the head of office to check the cash balance at least once a month and also requires him to make a contemporaneous check of the treasury chalan receipts for the purpose of satisfying himself that amounts shown as remitted to the-treasury have been actually remitted. And if there was a remittance book kept as required by article 188, the false entries of remittance would have been open to scrutiny and consequent discovery by the treasury. Note 5 to article 242 of the Code requires a monthly reconciliation of the departmental figures with the treasury. Had all the above rules been followed the misappropriation would have been detected and nipped in the bud.

The High Court has also noticed with concern a large number of misappropriations and other irregularities in various courts both civil and criminal in the State. Most of these misappropriations were rendered possible as the presiding officers did not exercise scrutiny and proper supervision as contemplated in the Travancore Financial and Account Code. The presiding officers are instructed to bestow their personal attention to adhere strictly to the rules and proceedings in their conduct and activities.

                             B4-7348/60/stts. Dated 28^th    April 1961

Sub :-Disposal of currency notes and coins that come under the possession of courts by confiscation or otherwise.

It has now come to the notice of the High Court that materials like ,gold, silver, currency notes, coins, etc. that come under the possession of courts as Government property by confiscation or otherwise, become missing, in certain cases after a lapse of time and endeavors to find out the persons responsible also yield no useful result.

2. According to Government Order M. S. 774/Home,dated 10th November 1959, gold and silver coming in the custody of courts as Government property have to be delivered in sealed boxes to the District Treasuries which will take up the Responsibility for the sealed boxes, though not for their contents. Since the responsibility for the contents of the sealed boxes continues in the courts that delivered them, which is not a satisfactory state of affairs, Government have been addressed to accord sanction for such articles being sold in public auction and the sale proceeds deposited in treasuries to the credit of the Government. Their orders are only awaited.

3,. Meanwhile, the High Court thinks it desirable to point out that in the case of confiscated currency notes and current coins there is no necessity for keeping them in safe custody in treasuries, as the value of these notes and coins could be credited to Government account.

4. All District Magistrates are therefore directed that currency notes and current coins that come under the custody of courts as thondy articles and not delivered to the persons entitled, will be remitted in treasuries to the credit of Government soon after the disposal of the case, and will not be allowed to remain in the custody of the police as thondy articles.

5. Regarding disposal of gold and silver, instructions will be issued separately on receipt of final orders from Government. In the meanwhile the sealed box system directed in G.O. Ms. 774/Home, dated 10th November 1959 be followed.

Cl-1501/62, dated 22nd February 1962

Sub:-Public Service-Verification of character and antecedents of' candidates selected for Appointment.

It has come to the notice of the High Court that candidates advised for appointment either by the Public Service Commission or by the District Recruitment Board are often entertained in service. though provisionally, without waiting for reports regarding verification of character and antecedent:>· On considering this matter, the High Court is of the view that this practice is not quite desirable. All subordinate courts are, therefore, directed that in future no person should be appointed until hi8 character and antecedents are got verified as required in the Government orders and circular. Any departure from this owing to an unforeseen emergency should be reported to the High Court immediately.

                                      B4/892/63/Sts., dated 12^th February 1963

Sub:-Statements forwarded to the High Court- Certificate of corrections-Recording of-Directions.

Attention of all District Judges and District Magistrates is invited to the following:-

Various discrepancies are found in the statements received from the District Judges and District Magistrates and hence the purpose for which they were called for, is not being served. Hereafter when statements are forwarded to the High Court, the District Judges and District Magistrates will personally verify the correctness of the figures furnished and record a certificate to that effect at the bottom of every statement. They are also requested to keep in mind their share of responsibility in this regard.

                             D1-16115/64, dated 4^th August 1964

Sub:-Adolescent offenders-Committal-Further instructions- Issued.

It has been brought to the notice of the High Court by the Chief Probation Superintendent, Trivandrum, that offenders below the age of 21 are still being convicted and sent to prison for short term imprisonment overlooking the provisions of the Kerala Borstal School Act, 1961. The High Court directs all District Magistrates to conduct a closer scrutiny at the time of calendar review and to give strict instructions to the subordinate officers in appropriate cases. The District Magistrates will also instruct the subordinate officers that they should bear in mind the provisions of section 5 of the Borstal School Act and apply it in suitable cases.

                   No. Dl-45386/64, dated 3rd July 1965.

Sub:-Attachment of property as per Order XXI, rule 43 of the C.P.C.-Clarification as to whether kychits should be stamped under the Stamp Act Regarding.

A question was raised whether the bond entered into for the production 'Of attached articles in court (vide Order XXI, rule 43 of the C.P.C.) is liable to be stamped under article 14 in schedule II of the Kerala Court Fees and Suits Valuation Act or under article 13 of the Stamp Act. It is made clear that such bonds fall under article 14 in schedule II of the court Fees Act and not under the Stamp Act.

 No. Dl-17477/66, dated 1st July 1960.

Sub:-Posting of cases under the Food Adulteration Act Directions issued.

The Director of Health Services has reported that in some courts the cases requiring presence of Food Inspectors are posted for almost all days in the week with the result that the Food Inspectors are not able to attend to their other duties.

Attention of all Sessions Judges and District Magistrates is invited to instruction No. 5 on 'Posting of Cases' contained in the Manual of Instructions for the guidance of Magistrate;; and they are directed to include cases under the Food Adulteration Act also in the group referred to therein. TI1B Officers are directed to allot one or two days in the week for posting such cases.

                             C3-6304/67, dated 7th July, 1967

Sub:-Process servers-Postings of persons in the Munsiffs' Courts-Orders modified.

Ref:-High Court Circular No. C1-9305/59, dated 28th January 1960.

In the High Court Circular cited above the District Judges of the T. C. area were directed to post the senior most willing process servers to /the Munsiffs Courts in each district in view of the fact the processes of all courts are being served through the staff of the Munsiffs' Courts. While seniority might be 'the prime consideration, considerations such as efficiency and g0od conduct are not out of place. Therefore the High Court is pleased to order in partial modification of the directions contained in the circular cited, that the senior most process servers should be posted to the Munsiffs' Courts due regard being had at the same time ;'0 good conduct and efficiency.

                             No. Dl-17690/68, dated 27th May 1968

Sub:-Examination of medical witnesses-Instructions - regarding.

Very often, difficulty is felt in understanding the medical terms used by medical officers in wound certificates and post-mortem certificates, which constitute very important evidence in criminal cases. It is necessary that medical evidence should be fully and thoroughly understood and appreciated by the court. This is not possible unless the medical witnesses are made to fully explain the medical terms and the medical words used by them in such documents are got interpreted through them when they are examined.

2. All subordinate courts will hereafter follow these directions.

                             No. E6-32111/68, dated 18th September 1969

Sub :-Criminal court deposits-Lapsed-Refund bill Double claims-Instructions regarding.

An instance has come to the notice of the High Court where a lapsed deposit in a criminal court in the T.C. area was

claimed by the court twice by forwarding two separate refund bills to the Controller of Accounts. This was due to the failure of the court to note the fact of claiming the refund against the receipt entry in the Register of Receipts and in the office copy of the statement of lapsed deposits, All the criminal courts in the T.C. area are directed to make a note of the particulars in the Register of Receipts and in the office copy of the statement of lapsed deposits, whenever a refund bill is forwarded claiming a lapsed deposit.

In the Malabar area, where no register of receipts is maintained, the particulars of the claims will be noted in the Register of Fines, Register of Refunds and other registers where the particulars of the concerned deposit are noted and also in the Chelan receipt and 1he office copy of the statement of lapsed deposits.

                             D1-10492/70, dated 26^th March 1970

Civil Revision Petitions-Submission of records by subordinate courts-Instructions regarding.

In supersession of the existing instructions, the following directions are issued with regard to the submission of records by the subordinate courts to the High Court for Civil Revision Petitions.

All papers material to the interlocutory matter, which is the subject matter of the revision, shall be forwarded as also the pleadings in the main case. The selection of papers should not be left entirely to the ministerial staff. The presiding officers should see to what matter the revision relates and give instructions to their staff to send such of the papers as will be relevant to the matter.

Dl-20031/71, dated 21st June 1971

Sub:-Forwarding of records for appeal from E.Ps. and E.As. to the High Court-Instructions issued.

It is noticed that in some cases the subordinate courts are not forwarding the copy of the decree when forwarding records to the High Court for appeals from execution petitions and execution applications. It is particularly noticed in cases where the appeals happen to be from a second or subsequent Execution Petition or from an Execution Application. In such cases the copy of the decree would be among the records of the first execution petition.

The subordinate courts are informed that a copy of the decree should invariably be forwarded when forwarding records for appeals from E.Ps. and E.As.

                             D1-2488/72, Dated 1st July 1972.

Sub.-Calendar statement-How the various columns in the calendar are to be filled up-Instructions issued.

It is found that the courts in the several Districts fill up in different ways the columns in the calendars relating to the dates of apprehension of accused, report or complaint and commencement of trial. The column regarding explanation for the delay is also filled up in different ways. To ensure a uniform practice to be followed by all the criminal courts in the State, the following instructions are issued.

1. The date of apprehension should be the date of arrest.

2. The date of report or complaint should be the date on which the police files the charge sheet, in respect of cases instituted on police report, and the date on which the complaint is filed in court, in respect of cases instituted otherwise than on police report.

3. The date of commencement of trial should be-

(a) in summons cases, when the particulars of the offence are stated to the accused under section 24-2 of the Code of Criminal Procedure; (b) in warrant cases  instituted on police report when the documents under section 173 of the Code of Criminal Procedure are furnished to the accused and the Magistrate satisfies himself about the same as contemplated in section 251 A(l) of the Code of Criminal Procedure; and (ii) instituted otherwise than on police report, when the recording of evidence is commenced under section 252 (1) of the Code of Criminal Procedure; and

(c) in Sessions trials, when the charge is read out and explained to the accused under section 271 (1) of the Code of Criminal Procedure,

4. Apart from furnishing the diary extract, a brief explanation for the delay should be given in the relevant column.

AI-8392/73, Dated, 231d July 1973.

Sub.-Complaints-Allegations against subordinate officers unsatisfactory nature of enquiry reports-Instructions to the District Officers-Issued.

Enquiry reports received from the District Officers on allegations of corruption or misconduct on the part of officers subordinate to them are often found unsatisfactory. The High Court reds that District Officers are not taking such matters seriously and that the investigations and inquiries conducted by them in most cases are cursory.

The High Court wishes to stress the necessity of making- thorough enquiries and submitting exhaustive reports containing the opinion of the District Officers regarding the allegations when they are called upon to enquire into such matters.

In future the High Court will view with disfavor the conduct of officers whose reports are found to be unsatisfactory.

                             D1-25079/73, Dated, 10th April 1974.

Sub.-Inspection of the Central Nazaraths and offices of the Official Receivers-Regarding.

There is no provision for the inspection of the Offices of the Official Receivers and the Central Nazaraths. The High Court, therefore, hereby directs as follows:-

(I) Offices of the official Receiver

The Offices of the Official Receivers shall be inspected once in a year by the District Judge. The District Judge shall, after inspection, submit a report with his remarks to the High Court on or before 1st of October every year.

(2) The Central Nazarath.

The District Judge and the Additional District Judge shall have the Central Nazarath inspected by Sub Judges and District Munsiffs whose processes are executed by its agency, every year and the reports of such inspection shall be scrutinised by the District Judges and necessary remedial measures taken by them.

                   Dl-17187/75,Dated, 26th June 1975

Sub.-Set off benefit under section 428-Further instructions Issued.

Ref:-High Court Circulars 17/74: dated 23rd September 1974- and 23./74 dated'18th December 1974. '

In inviting a reference to the High Court Circulars mentioned above the High Court hereby directs that if the final sentence awarded is less than the detention period (to be set off) there is no necessity to commit the prisoner to Jail with the warrant again. The court may release him and inform the jail authorities accordingly.

                             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.

                   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.

                    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.

           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.

           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.

          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. 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.

          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.

                             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).

Gl-2060/57, dated 4th July 1967

Sub:-Dress-Non-gazetted Officers of the Judicial Department-Dress to be worn while on duty.

At present there is no uniformity in the mode of dress worn by the non-gazetted officers of the Judicial Department while on duty.

It is therefore directed that the N.G.Os. of the Department other than Bench Clerks should wear jubbah and dhoti. Bench Clerks while attending court should wear a closed black coat and dhoti.

BI-2484/58, dated 29th March 1958.

Sub.-District Judges and District Magistrates-Work-Insufficiency of-Instructions regarding.

Ref.-Circular No. GJ-4474157, dated 31st August 1957 (Circular 17/57).

On account of a misapplication of the circular referred to above, some of the District Judges and District Magistrates are not taking sufficient work to keep them fully engaged. The High Court wishes to emphasise that the circular cited above does not preclude the District Judges and District Magistrates from taking up original work for disposal whenever the state of work of their courts so demands. It is imperative that the District Judges and District Magistrates should transfer to their file and dispose of original cases from Subordinate Courts within their jurisdiction.

The District Judges and District Magistrates will be guided by these instructions with regard to the disposal of work in their courts in future.

No 323 of 1959/Crl., dated 31^st March 1959

Sub.-Procedure to be followed by criminal courts subordinate to the High Court whenever the High Court certifies its judgment or order to such courts.

Whenever the High Court certifies its judgment, decision or order to a criminal court subordinate to it under section 425 or section 442 of the Code of Criminal Procedure (1898), it shall be the duty of the criminal court to which the High Court certifies its judgment, decision or order, to make such orders as are conformable to the judgment, decision or order of the High Court so certified.

In during so, such subordinate criminal court shall fellow 6e provisions of rule 232 of the Criminal Rules of Practice (Travancore-Cochin) or rule 247 of the Criminal Rules of Practice and Orders (Madras) as the case may be.

No.330/1960 (crl) , dated 20^th June 1960

Sub.- Submission of appellate courts records and trial courts records to the High Court for reference b Crl. Appeals or Crl. Revision Petitions-Directions issued.

It has come to the notice of the High Court that when records are called for from the High Court for purposes of criminal appeals or criminal revision petitions the appellate courts after forwarding the appellate records to the High Court, only direct the trial courts to forward the trial records to the High Court and make no enquiry as to whether the directions given to the trial courts have been complied with,

This practice Causes much delay and correspondence to get the records in time to the High Court from the trial courts.

The following directions are hereby given to the appellate courts for strict compliance in future:

When appellate courts direct the trial courts to send any records to the High Court they must fix a time within which the records  should be sent and ask the lower court to report compliance. They should watch whether the records have been sent-otherwise they should remind the lower court and see that the records are dispatched. .

                                      B1-273/61, dated 7^th June 1961

Sub:-Time limit for disposal of criminal cases-Disparity between Travancore-Cochin and Malabar areas Removal of.

Ref:- (1) High Court Official Memorandum of even number, dated 25th January 1961.

(2) G. O. (Rt) No. 635/61/Home (C) Department dated 25th April 1961.

Government have, in their order cited second above, agreed with the views of the High Court that a time limit of six weeks for the disposal of preliminary enquiry cases and a

time limit of three months for the disposal of other cases in the Courts of Judicial Magistrates would be reasonable. Accordingly a uniform time limit of six weeks for the disposal of preliminary enquiry cases and three months for the disposal of other cases in the Courts of Judicial Magistrates in Kerala is fixed in super session of the existing rules or practice in the matter. Cases pending beyond the said time limit will be treated hereafter as old cases. The District Magistrates (Judicial) are requested to implement the above direction in their courts and in the courts subordinate to their jurisdiction and control.

(superseded by 25/61)

                                      Bl-9532/61, dated 27th February

Sub:-Realisation of stamp duty and penalty on documents impounded in courts-Extent-Responsibility of courts.

The attention of the officers mentioned below is invited to the provisions contained in the Kerala Stamp Act relating to the impounding of documents. They are requested to obtain formal acknowledgments from the concerned revenue authorities for the receipt of the documents sent to them for further action. These acknowledgments shall be made available to the audit authorities during audit.

                   B1-1889/63, dated 16th February 1963

Sub:-Stay orders issued by the High Court in criminal and civil cases-Directions for guidance-Issued.

1. An instance has come to the notice of the High Court where in a criminal case, in which an order of stay had been passed by the High Court for six months in February 1959, was left to lie over indefinitely even after the expiry of the period of stay till July 1962 on the plea that further communication was being awaited from the High Court. The period of the stay was also not noted in the relevant register.

It is the duty of the presiding officers concerned to themselves look into the orders, at least in cases where the stay is ordered by the High Court, and to give suitable directions instead of leaving everything to the ministerial staff. Moreover, when an order of stay is received either in a civil or a criminal case, the case should not be adjourned sine die to be lost sight of; but should be adjourned from time to time to certain dates until final orders are passed by the High Court or other court.

2. In the circumstances, the High Court directs that all stayed cases should be adjourned from time to time to certain dates and the presiding officers .should personally satisfy themselves that the stay is in operation each time they adjourn the cases before posting them for hearing.

                             B1-17724/64, dated 5^th August 1964

Sub:-Officers in the Vacation Department-Periods of vacation spent on duty-Intimation to the Accountant ·General-Instructions issued.

The Accountant General has reported to the High Court that the periods of vacation spent on duty by the officers are not intimated to him. The High Court, therefore, directs that the officers mentioned below will intimate the Accountant General the periods of vacation spent on duty by the officers under their control, under intimation to the High Court. In future, they will furnish the periods of vacation spent on duty by the officers under their control to the Accountant General as soon as the vacation in each year is over.

                             E6-13594/65/D1, Dated 16^th July 1965

Sub:-Refund of lapsed deposits-Authority to sanction Directions issued.

The Accountant General has enquired whether the procedure laid down in article 297 of the Kerala Financial Code, of -obtaining previous sanction of the Accountant General before repayment of a lapsed deposit, is not to be followed by the civil courts governed by rule 365 of the Travancore-Cochin Civil Rules of Practice· The said rule, no doubt, does not expressly state that such previous sanction is to be obtained. To make the position clear, it is directed that the procedure laid down in article 297 of the Kerala Financial Code is to be followed by all the courts in repaying lapsed deposits.

D6-40133/66, dated 13th July, 1967

Sub :-Execution of commission orders-Appointment of surveyor or village officer as joint commissioner -Instructions regarding.

The High Court views that the practice prevalent in the T. C. area [based on rule 144 (3) of the T. C. Civil Rules of Practice] of asking village or survey officers to accompany and assist the court commissioner is not working very satisfactorily. What happens in most cases is that the lawyer commissioner leaves everything to the assistant and does not care to verify or even understand the work done by the assistant. The plan and the report are often only nominally his and though they are signed by him, he is rarely able to answer any question with regard to them when examined as a witness. Therefore in most cases the assistant has to be examined as a witness and there are also instances where he has with impunity given the go-by to the commissioner's plan and report. The courts are therefore advised that the more satisfactory course for courts would be to appoint the surveyor or village officer as joint commissioner (if not sole commissioner) as contemplated by rule 144 (2) ·of the T. C. rules.

                   D6-35459/67, dated 25th march1968.

Sub:-Criminal justice-Service of summons to police officers.

Ref:-Government letter No. 12820/C5/68/Home, dated 4th April 1968.

It has come to the notice of the High Court that summons issued to police officers are not served and returned to the courts in time, The reason for the failure of service and return of the summons in time is partly because of the short time given by the courts and partly due to the delay of the police department in the service of the summons on its officers, as the summons has to be sent through the superior officers.

To get over this difficulty the High Court suggested that the courts may allow sufficient time and also issue a notice direct by post to the witness concerned intimating him of the date for appearance and stating that summons is also being sent through proper channel. It should then be the duty of the police officer to attend the court on the date fixed, on receipt of the notice direct, even if the summons sent through proper channel has not reached him. Government has in their letter cited above approved this procedure.

All the criminal courts are therefore directed to follow the above procedure hereafter. It is made clear that coercive steps, if any, can be taken only if the summons is served in time.

                             D1-21004/69, dated 29^th September 1969

Imposition of a fine in addition to imprisonment-Procedure to be followed-Instructions issued.

There seems to be an impression among subordinate officers that the imposition of a fine is obligatory when a section prescribing punishment (e.g. section 409 LP.C.) contains the provisions and shall also be liable to fine". This impression is not correct. When a substantive sentence of imprisonment is imposed, there is little point in imposing a fine unless the accused is in a position to pay it. In cases where the accused is not in a position to pay the fine, the imposition of fine, in addition to imprisonment, is a mere waste of time and energy.

                             C1-38299/69/D1, dated 30^th march 1970

Central Nazarat System-Working of pending introduction of unified Civil Rules of Practice-Instructions issued.

Various enquiries are being received regarding the rules to be followed in the working of the Central Nazarat System, which has been newly introduced in the T.C. area. The following instructions are issued on the matter:

1. The rules issued by the High Court under the Kerala Court Fees and Suits Valuation Act, 1959 and published in the Gazette Extraordinary No. 23, dated 1st February 1962 apply to all the courts in the State.

2. With regard to matters not covered by the above rules, the courts in the Malabar area are governed by the rules and instructions contained in the Civil Rules of Practice and Circular Orders, Madras. The courts in the T.C. area may, for the present, follow the provisions· in Chapter II of the draft Kerala Civil Rules of Practice published in the Gazette No.7, dated 15th February 1966.

3. The nature of the security to be obtained from the Central Nazirs in T.C. area is under the consideration of the High Court and necessary instructions will be issued in due course.

4. Till the introduction of fidelity insurance, the process servers who want process to be issued to them will furnish security in accordance with the existing practice.

                             D1-16122/71, dated 22^nd June1971

Sub :-Taxes-Sales tax-Recovery of arrears of sales tax under section 23 (2) (b) of the Kerala General Sales tax Act, 1963-Difficulties regarding instructions  issued·

Ref :-High Court Circular No. 39/70, dated 11th December 1970.

The attention of the Judicial Magistrates is invited to the circular cited. What was intended by the circular was that the Judicial 'Magistrates should receive the applications only up to 31st January 1971 and that thereafter they should not receive such applications. All applications received by the Judicial Magistrates up to 31st January 1971 should be disposed of by them judicially in the normal course.

                             Dl-8977/72, Dated 1st July 1972.

Sub.-Hill Tribes-Bail application in courts-Solvency of sureties-Courts insisting on tax receipts-Avoidance of Instructions issued.

It has been brought to the notice of the High Court that the Hill Tribes people find it difficult to get sureties for them when they are arrested and produced before courts because the courts insist on revenue receipts to show that the sureties are solvent. They have therefore to seek the help of local people, who are reluctant to stand as sureties for Hill Tribes. '

The High Court wishes to point out that tax receipts are relied upon only as evidence of the solvency of the surety, solvency being the circumstance depended upon by the court to ensure that the surety will perform the obligation undertake by him to produce the accused whenever required by the court.

The High Court feels that the courts are not justified in always insisting on tax receipts. In cases where sureties are accepted, the courts may also be satisfied with the production of 'Solvency certificates from the Tahsildar or Revenue Inspector or the Village Officer of the place where the sureties reside. The discretion conferred on the courts in such matters should be judicially exercised considering the circum= stances of each case.

                             Dl-85l/73, Dated, 16th August 1973

Sub.-Batta to witness in criminal cases-Complaint filed by Government Officers on behalf of their official capacity Disallowing of-Regarding.

Ref.-1. Rules 384 A and B of the Criminal Rules of Practice.

Madras and Rules 83 and 92 of the Criminal Rules of Practice, Travancore-Cochin.

2. High Court Circular No. 14/58 in B5-763/58 dated 20th May 1958.

It has come to the notice of the High Court that a Magistrate disallowed witness batta to a Government Officer who filed a complaint before him in his official capacity as Village Officer regarding theft of survey stones belonging to the Revenue Department. The complaint was of course a protest complaint challenging the correctness of a refer report filed by the police in the same matter. The Magistrate directed the Village Officer (complainant) to deposit the witness batta. The High Court wishes to point out that the action so taken by the Magistrate is not in order. He need not have exercised his discretion under Rule 384A of the Madras Criminal Rules of Practice to disallow payment of batta from State funds and this seems to be a case where batta could very well have been paid under Rule 384.

The attention of all Criminal Judicial Officers is drawn in this connection to rules 384 and 384A of the Madras Criminal Rules of Practice corresponding to Rules 83 and 92 of the T.C. Rules. These Rules specify the circumstances in which batta ha~ to be paid by the court. They also empower the court to disallow batta in their discretion for reasons to be recorded. The Subordinate Criminal Courts are to comply with these Rules strictly and the discretion given to them to disallow batta should be judiciously exercised.

                             D1-25928/73, Dated, 27^th June 1974.

Sub.-Introduction of the new Code of Criminal Procedure Appointment of Assistant Public Prosecutors-Allocation of work-Instructions issued.

The State Government have informed the High Court that 19 more posts of Assistant Public Prosecutors have been sanctioned for the various Districts of the State in view of section 25 of the Code of Criminal Procedure, 1973 and that the District Collectors have been authorised to make temporary appointments and to reallot work suitably. Government have also stated that it is not possible nor is it necessary to appoint one Assistant Public Prosecutor for each court.

The Chief Judicial Magistrates are hereby directed to co-operate with the concerned District Collectors in the matter of appointment of and reallocation of work among the Assistant Public prosecutors and making other suitable adjustments.

                    D2-30171/74, Dated, 4th July 1975.

Sub.-Non.issuing of service postage stamps by the treasury. Avoidance of rub with treasury-Directions issued.

It has been brought to, the notice of the High Court that a stamp bill presented in the treasury requesting to issue stamps on that day itself, as a special case was not accepted on the ground that the stamp bill was not presented on the day fixed for issue of service postage.

On this, the Director of Treasuries was contacted, requesting him to issue instructions to all the treasury officers to honour without any delay stamp bills when presented to meet urgent need. The Director of Treasuries informed the High Court that it may not be correct to issue directions to all treasury officers to accept stamp bills and issue stamps on all days when different days are fixed for issue of service postage stamps. But he has informed that the general practice followed in all the treasuries is to issue stamps in urgent cases without adhering to the formal dates fixed. But-he also requested to direct the indenting officers to present stamp bills well in advance so that such urgency may not come in the way, every now and then.

The High Court after considering the matter hereby directs that stamp bills will be presented in treasuries after taking stock of the balance well in advance so that there may not be any necessity to present an urgent bill and urgency for service postage stamp may not come in the way, every now and then.

                              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.

          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.

                    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.

           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.

          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.

          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. 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.

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.

          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).

                                      No. Dl-12339/66, dated 4th July 1966

Sub:-Reports under sections 471, 401 and 402 of the Code of Criminal Procedure, etc.-Forwarding of-· Directions issued.

An instance has come to the notice of the High Court where a court forwarded a report under section 471 of the Code of Criminal Procedure direct to the Government instead of routing the same through the High Court.

'The High Court hereby directs that all reports to be sent to the Government by the subordinate courts shall be submitted only through the High Court.

G-3838/56 dated 15th December 1956 

Sub :-Small Savings Scheme-Investment of Court Funds. 

The attention of the presiding officers of all subordinate civil courts is invited to O.M. C2-1l80/53, dated 8th September, 1953 and Circular No. C2-1l80/53, dated 16th March,1956 regarding investment of money belonging to minors, trusts, and L.A. amounts which could not within a reasonable period be disbursed to the parties in National Savings Certificates. The Deputy Regional National Savings Officer, Madras has brought to the notice of this court that the instructions issued in this regard were not being followed strictly, with the result that courts have not invested so far any amount in Small Saving Scheme Securities. 

2. The District and Sub Courts in the Malabar District now merged with the Kerala State have all along been investing moneys belonging to the estates of wards, which are under the control of the courts under the Guardian and Wards Act and which are realised by the property guardians and paid into the court in Small Savings Scheme Securities; so also the moneys deposited under the L.A. Act and suiters money held by courts in Trusts were being invested in Small Savings Scheme Securities. 

3. The subordinate courts are directed to take full advantage of the facilities afforded in the matter and to invest as much as possible in Small Savings Securities. 

G-3838/56 dated 15^th December 1956

Sub :-Small Savings Scheme-Investment of Court Funds.

The attention of the presiding officers of all subordinate civil courts is invited to O.M. C2-1l80/53, dated 8th September, 1953 and Circular No. C2-1l80/53, dated 16th March,1956 regarding investment of money belonging to minors, trusts, and L.A. amounts which could not within a reasonable period be disbursed to the parties in National Savings Certificates. The Deputy Regional National Savings Officer, Madras has brought to the notice of this court that the instructions issued in this regard were not being followed strictly, with the result that courts have not invested so far any amount in Small Saving Scheme Securities.

2. The District and Sub Courts in the Malabar District now merged with the Kerala State have all along been investing moneys belonging to the estates of wards, which are under the control of the courts under the Guardian and Wards Act and which are realised by the property guardians and paid into the court in Small Savings Scheme Securities; so also the moneys deposited under the L.A. Act and suiters money held by courts in Trusts were being invested in Small Savings Scheme Securities.

3. The subordinate courts are directed to take full advantage of the facilities afforded in the matter and to invest as much as possible in Small Savings Securities.

I.S. 3996/56, dated 11^th January 1957

Sub:-Printing of judgments in the Subordinate Courts Adherence of Printing Rules-Regarding.

It has come to the notice of the High Court that the type used for printing judgments in the subordinate courts is not in conformity with the prescribed printing rules. It is very irregular. All the subordinate courts are therefore directed to guard against such irregularities in future and to see that the printing rules are strictly adhered to by the printers when judgments are printed.

C1-1893/57, dated 7th January 1958

Sub.-Representations from the subordinates to the Government.

It has come to the notice of the High Court that the subordinates of the judicial department send representations for promotions and transfers directly to the Government and Ministers. The High Court considers this practice as highly irregular and most objectionable as there are Government orders prohibiting the submission of representations direct to the higher authorities relating to such matters. All such representations must be submitted through proper channel i.e., through the Head of the Office, etc.

It is therefore directed that the subordinates in the Judicial department should not send petitions and memorials relating to motions and transfers directly to the Ministers and Secretaries to Government.

I-5981/58, dated 1st January 1959

Sub.-Officers employing their subordinates for domestic and personal service-instructions- regarding.

It has been brought to the notice of the High Court that some of the Judicial Officers c f the subordinate Courts do not strictly follow the directions given in the Government Circular No. XB 2-609/57/AC, dated 9th January 1968 (appended). They arc directed to strictly comply with the directions given therein.

APPENDIX

GOVERNMENT OF KERALA

No. X(B) 2-609/57/AC                Anti-Corruption Department, , Trivandrum, 9th January 1958

CIRCULAR

In spite of instructions issued by the Government from time to time forbidding officers from employing. their subordinates for domestic and  personal service, the Government note that some  officers are still continuing this practice. The practice is unwholesome and should

cease forthwith throughout the State. Government wish to point out that any violation of this direction would be viewed seriously and condign punishment meted out.

(By order of the Governor)

(Sd.-

Assistant Secretary

B1- 7387/59, dated 7^th January 1960

Sub.-Part-time Official Receivers-Judicial Department- Payment of remuneration-Instructions.

The following instructions are issued for guidance:-

1. The remuneration of the Official Receiver is to be claimed separately in salary bill form annexing with it the form prescribed in the annexure to the G. O. M.S. 1373, dated 19th November 1958.

2. The particulars shown in the annexure arc to be supplied separately for each estate. Administrative expenses shall be collected from the gross collections of an estate, but the expenses of estates in which there is no collection in the month shall be met from the assets of the estate already realised.

3. The commission shall be remitted to the credit of the Government every month debiting the same to the estate account. The permission of the insolvency court is not necessary for the same. The Official Receiver shall claim his remuneration only after crediting the amount to Government and with the sanction of the District Judge. As the Official Receiver's commission is to be calculated after deducting the administrative expenses and the audit fees from the gross realisation the audit fee shall also be remitted every month whenever a collection is made for an estate.

4. When 5 per cent of the realisation is less than Rs. 75 the sum of Rs. 75 shall be made in proportion to the collections made for each estate.

5. The remuneration to the Official Receiver is to be classified as "Honorarium" (vide annexure to G. O. MS. 1373/Home, dated 19th November 1958).

6. For the present, audit fee shall be calculated at I per cent of the total collections and remitted to the head "XLVI C Miscellaneous fee for Government Audit" in Travancore-Cochin area and in Malabar area the rules and circulars in this behalf in the C. R. P. and C. O. (Volume I) Madras shall be followed.

Government have been addressed to clarify the instructions regarding credit of realisation to Government when the amount is less than Rs. 75 per mensem or when it is only from one estate, and the ;remittance of audit fee annually or monthly.

Further directions will be issued on receipt of reply from Government.

No. 1475/60/Printing, dated 3^rd January 1961

Sub:-Preparation of exhibit list in fair judgments-Submission of records for appeal, etc.-Instructions issued.

It is noticed that some of the Courts do not show correctly the description of exhibits with dates, etc. in the appendix portion of the judgment and the records for the purpose of appeal are being submitted to the High Court in a haphazard manner. The following instructions are issued for strict compliance, in addition to the instructions on the subject already given.

1. When the appendix of exhibits to the judgment is prepared,

the number of the exhibit, the date of document and the description of the document should be shown in the above order and, in the case of Malayalam dates, corresponding English dates should be shown If a particular document bears no date, against the exhibit in the appendix of the judgment, "dated nil" should be shown, to avoid doubt whether the document actually bears a date or not.

"2. When records are submitted to the High Court for appeal, only the material papers, with a copy of the B diary and a separate index, of material papers should be sent. All the exhibits marked should bear index numbers. If a portion of a document already marked as exhibit is marked as another exhibit, the remarks column should contain the particulars so as to trace out the exhibit easily.

3. The records submitted to the High Court for appeal, should invariably contain the original decree and fair judgment signed by the presiding officer, The practice of sending copies of judgment signed by the chief ministerial officer instead of the fair judgment should cease immediately" If the decree and judgment are to be retained in' the lower courts for furnishing certified copies, at the time of submission of the records for appeal, they should be submitted to the High Court as soon as the certified copies are granted for incorporation in the original records.

4. The records for appeal should reach the High Court within 3 weeks of the receipts of intimation of appeal without fail, unless otherwise stated.

5. When there is an amended copy of the plaint it should be clearly shown in the amended copy which are the portions amended reference being made to the Civil Miscellaneous Petition on which the"" amendment was ordered.

6, The chief ministerial officers of the subordinate Courts will be held responsible for the due observance of the above; instructions.

7. The District Judges are directed to pay special attention to this matter and instruct the chief ministerial officers to take the utmost care to adhere to the above instructions when records are submitted to the High Court

                                      B4-5962/61, dated 5^th January 1962

Sub:-Consolidated monthly returns Civil - Classification regarding footnotes (a) and (b) of statement No.4.

1· Some presiding officers have sought clarification regarding the footnote (a) of the newly prescribed monthly statement No. 4 whether all the suits of the year 1960, irrespective of the fact whether they are one year old or not, should be shown against (a) and regarding footnote (b) whether the suits in which commissions were issued, after framing of issues. and in which those commissions were not returned executed, are to be classified as suits available for disposal against column (b). Hence the High Court wishes to clarify the footnotes (a) and (b) further.

2. As the heading clearly shows all the suits irrespective of the fact whether they are one year old or not, should be shown against (a) in the column relating to the year.

3. Against column (b) all suits at whatever stage they be should be shown, only stayed suits being excluded as the note itself says.

                             R/5/62, dated 1st January 1963

Sub:-Procedure for dealing with papers of a confidential nature.

The following instructions are issued for the guidance of the officers mentioned below in the matter of dealing with papers of a confidential nature. These instructions have to bf' strictly followed in future.

(1) All papers containing information which while not endangering national or State security, would be prejudicial to the interests of the nation or State, any Government activity or individual or would cause administrative embarrassment or difficulty or be of an advantage to a foreign nation could be graded as "confidential".

(2) A paper marked "confidential" will be addressed by name to the officer concerned and opened by the addressee and in his absence by his successor in office, if any, or by the head ministerial officer of the court or office in case any delay is likely to occur in the return of the officer concerned or his successor.

(3) Every confidential communication will be registered in a separate register to be kept and maintained by the presiding officer of the court and by the court liquidator in so far as it relates to his office. After the disposal of the matter a special annual index will be prepared and they will be kept by the said officers.

(4) All confidential communications will be dispatched only in sealed covers addressed by name and marked 'confidential'. Those sealed covers will further be put in other envelopes which will be sent registered in the personal address of the officer concerned.

(5) While handling these matters the officers concerned will take all precautions to avoid leakage of information at any stage.

                             D1-8426/63 dated 1^st January 1964

Sub:-Administration of Justice-Avoidable waste of Litigants' time in attending courts·-Instructions issued.

It has been brought to the notice of the High Court that adjournment orders are at times passed by courts only late in the day fixed for the hearing and this occurs even in cases in which stay orders have been passed by superior courts. This results in avoidable hardship to litigants and witnesses.

2. The hardship can be avoided to a great extent by posting fewer cases for a day so that the cases posted should be reasonably expected to be taken up on that day.

3. The subordinate courts are hereby directed to pass adjournment orders, where they are unavoidable, in the earlier part of the day itself, as far as possible.

                             No. E6-22923/64/D1, dated 5th January 1965

Sub:-Kerala Legal Aid (to the Poor) Rules, 1958 Disbursements made-Details of accounts to be maintained-Instructions issued.

Ref:-High Court endorsement No. Bl-47;J9!58, dated 4th December 1958 on letter from Government of Kerala (HC)5-1 00897 /58/HD, dated 28th November 1958.

Instances have come to the notice of the High Court where a proper audit of the payments made to the counsel from courts under the Kerala Legal Aid (to the Poor) Rules, could not be conducted as no registers were maintained by the disbursing courts as directed in the Government letter referred to above. The attention of the subordinate courts is invited to the instructions contained in the said Government letter and all disbursing courts are directed to maintain the prescribed register. They are also directed to keep a copy of the certificate and fee receipt, in cases where the originals are attached to the contingent bills.

A copy of the reference is herewith enclosed.

                             D327457/65, dated 6^th January 1966         

Sub:-Committees - District Jurisdiction Committee Change in the jurisdiction of civil and criminal courts-Proposals of the committee-Directions issued.

In all cases where a change of jurisdiction of courts is proposed by the District Jurisdiction Committee a copy of the proceedings will be forwarded forthwith to the High Court with remarks, by the District Judge in the 'case of civil courts and by the District Magistrate in the case of Magistrates' Courts.

                             No. D2-29149/66, dated 11th January 1967

Sub:-Cases in which members of the court staff are party or are otherwise interested-Transfer of such cases to other courts-Orders regarding Modification issued.

By the High Court Circular No. B2-8175/61, dated 31st October 1961 (26/61) all presiding officers were directed to see that all cases before them, in which any member of their staff is a party or is otherwise interested are transferred to some other court and it was pointed out that all members of the staff should report such cases to the presiding officer and failure to do so would be regarded as misconduct. The High Court now 1urther directs that when transfer of the case would cause hardship to the opposite party, the member of the staff would be transferred.

                             No. E5-41537/67, dated 16th January1968.

Sub:-Maintenance of registers in principal and additional benches of civil courts-Instructions regarding.

It has come to the notice of the High Court that in some courts, where there are additional benches, separate registers are being maintained for the several benches for LA.'s., E.P.'s., E.A.'s., issue of commissions, appointment of receivers; etc. The result of this practice is that there will be two applications having the same number in the same court, one in the principal bench and the other in the additional bench.

2. The correct procedure to be followed is that common registers should be maintained for registering LA.'s., E.P.s’. E.A.'s., and issue of commissions and appointment of receivers. Separate registers may be maintained in respect of pendency and disposal and A Diaries.

3. The High Court directs that the instructions contained in paragraph 2 should be followed in all the subordinate courts hereafter. If, for this year, any applications have been registered separately, they will be suitably re-numbered and only one register maintained for the purpose.

                                      Bl-41298/68, dated 6th January 1969.

Leave -Casual leave availed of by subordinate judicial officers-Intimation on transfer-Instructions issued.

The High Court directs that, whenever a subordinate judicial officer is transferred from one District to another the District Judge or the District Magistrate as the case may be should promptly intimate the District Officer to whose district the judicial officer is transferred, the number of days of casual leave and restricted holidays availed of by the transferee until the date of his relinquishment of charge.

                                      B1-43783/69, dated 22^nd  January 1970

Motor Vehicles Act, 1939-Section 17-Duty to apply in fit cases-Further directions issued.

By Circular No. 25/196&, dated 17,th November 1966, the Magistrates were directed to consider carefully the question of ordering a disqualification in accordance with the provisions of section 17 of the Motor Vehicles Act, whenever they convict a person of an offence of the kind mentioned in the section.

It is hereby further directed that where the Magistrates do not apply section 17 in a case where it is applicable, they should state in the judgment why they are not applying the section.

                             Dl-7043/70, dated 11th January 1971

Sub:-Deposition-Recording of-Instructions issued.

The following instructions are issued with regard to recording of depositions by the r residing officers of the civil and criminal courts:

Civil Courts:

A notification which the High Court proposes to issue under section 138 of the Civil Procedure Code, is given 35 Appendix 1. It has been sent for publication in the Gazette and will become effective on such publication· It supersede'> all earlier notifications issued under section 138 including Notification No. B2-6564/63, dated 17th September 1963 relating to the presiding officers of the courts at Kasargod. Under the notification given as Appendix I the presiding officers can record the deposition in English only when the evidence is given in a language other than Malayalam. Evidence given in Malayalam should always be recorded in Malayalam.

Criminal Courts:

The recording of depositions in criminal courts is governed by t.l)e Government Notification No. G.O. (MS) 304/Home, dated 19th May 1960, which is given as Appendix II. Although it permits the recording of depositions in the English language also, the High Court hereby directs that evidence given in Malayalam shall always be recorded in Malayalam and that only evidence given in a language other than Malayalam may be recorded in English. Evidence given in English-Medical and other expert evidence is usually given in English-should be recorded in English.

General:

The present instructions relate only to the language to be used in recording the depositions and the instructions issued from time to time with regard to the manner or recording, reading over of the depositions to the witnesses, preparation of legible copies of illegible depositions, etc., still hold good and should be strictly observed.

APPENDIX I

D1-7043/70

Dated 6th January 1971

NOTIFICATION

In exercise of the powers conferred under section 138 (1) of the Code of Civil Procedure (Act V of 1908) and in supersession of all previous notifications on the subject, the High Court of Kerala hereby directs all presiding officers of civil courts in the Kerala State to take down in the English language and in the manner prescribed evidence given in a language other than Malayalam, in case in which an appeal is allowed.

APPENDIX II

GO. (MS)304/Home                                                Dated 6^th Jnuary1971

In exercise of the powers conferred by section 357 of the Code of Criminal Procedure, 1898 (Central Act V of 1898), the Government of Kerala hereby direct all Sessions Judges and all Magistrates to take down the evidence of witnesses; with their own hand or typewritten by themselves in the English language or in the language of the court, unless he is prevented by any sufficient reason from taking down the evidence of any witnesses, in which case he shall record the reason of his inability to do so and shall cause the evidence to be taken down in writing from his dictation in open court.

                             E3-S7140/71/DI, Dated, 15th January 1972.       

Sub.-Copies of Judgment and decree filed along with the memorandum of appeal-Return of-Instructions issued.

The subordinate courts are informed that copies of judgments and decrees filed along with the memorandum of appeal may be returned to the parties after the disposal of the appeal.

                   BI-41343/72, Dated 30th January 1973.

Sub.-Application for leave-Submission of-Further instructions: Issued.

Ref-High Court Circular No. 9/65, dated 16^th  June 1965.

It is noticed that the Judicial Officers are not paying due attention to the directions contained in the Circular cited above. Of late officers have been applying for leave without specifying the grounds for the leave precisely and clearly. Usually such applications disclose only grounds, such as "urgent personal domestic affairs", "domestic affairs" etc. Applications for leave containing only such vague expressions cause unnecessary correspondence and delay in granting leave.

Therefore, the High Court hereby directs that hereafter all applications for leave should specify the grounds for the leave precisely and clearly. The District Judges and District Magistrates (1) will also see that applications for leave from their subordinate officers satisfy these directions.

D2-32343/73, Dated, 23rd January 1974.

Sub.-Mode of' recalling arrest warrants from the police Instructions issued.

It has come to the notice of the High Court that an arrest warrant was executed by the police officer after it had been recalled by the court which issued it when called upon to  explain his conduct the police officer pleaded ignorance about the issue of the order recalling the warrant.

To avoid such situations, the High Court hereby directs that when an order recalling arrest warrant is made, it should be sent to the police through the person concerned against whom the arrest warrant has been issued. If for any reasons, it is not possible to do so, the order may be sent direct to the police, giving a copy thereof t~ the person concerned.

                             DI-4C068/74, Dated, 4th January 1975.

Sub: Calendar-Forwarding of calendar and judgment of the trial court along with the judgment of the appellate court-Instruction issued.

Ref: High Court Circulars 15/69 and 31/69 

 The Sessions Judges are hereby instructed to forward the trial court's calendar and judgment also along with the judgment of the appellate ·court when the appellate court calendar and judgment are forwarded to the High Court.

                             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.

          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.

                   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.

           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.

           C2-31188/79., 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.

           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.

          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. 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-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.

          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.

                   D1-23513/84 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

          D1-51125/88 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.

          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. 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-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.

          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. 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.

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.

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(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)-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) 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.

          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.

          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.

          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).

                   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).

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).

     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)

           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).

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).

                             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).

                             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).

                             D3-102024/2012 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).

                             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).

                             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.

                   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.

                             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.

C1-2688/57 dated 12 July 1957

Sub:-Submission of records in appeal cases to the High Court-Instruction regarding.

It has been brought to the notice of the High Court that the records in appeal cases received from the subordinate courts in Travancore-Cochin area contain all papers including miscellaneous papers. In this court reference to these miscellaneous papers become necessary only on very rare occasions and to a very large extent these papers remain unnoticed. The present practice of sending all papers entails much unnecessary clerical work in this office. The expenditure for sending up the records can also be minimized by dispatching only the material papers to the High Court.

Subordinate courts are therefore instructed that only material papers of the cases alone need be sent to the High Court duly listed.

Dated 3^rd April 1958

Receivers-Appointment of-Security-Passing of accounts-Cash balance on hand, etc.-Instructions.

It has been brought to the notice of the High Court that Receivers appointed by courts under the provisions of the Civil Procedure Code retain large amounts in their hands for an unconscionably long time and seem to consider themselves owners of property without any responsibility to account for and deposit the amount realised by them. In a large number of cases money could be realised from the defaulting Receivers only by invoking the coercive process of law, and there have been instances where loss has been caused to the Estates by the Receivers proving themselves not solvent to reimburse the money collected by them on behalf of the Estates. The High Court observes that this unsatisfactory state of affairs is mainly due to lack of supervision and control by the courts on the Receivers. If sufficient security is first taken at the time of the appointment of Receivers and if proper directions are given regarding the filing and passing of their accounts periodically and depositing the cash realisation in court or in a bank keeping on hand some amount for current expenses there will be no trouble or loss to Estates.

All District Judges are therefore requested to examine the Receivers' accounts of all the courts in their districts, including their own court and make a report to the High Court stating the cases on which Receivers' accounts up to December, 1957 have not been filed and amounts deposited by 31st March, 1958. The presiding officer of each court will see that in all cases in which accounts have not been passed and money deposited by Receivers, immediate action is taken and if need be, the provisions of Order XL, ruIe.4 C.P.C. are invoked to realise the amounts. In the case of any defaulting Receiver who is particularly recalcitrant the lower courts will report whether any criminal action is necessary.

For future guidance the following instructions are issued in respect of the appointment of Receivers-

There shall be maintained for each district a panel of legal practitioners and other persons with suitable qualifications from among whom Receivers shall be ordinarily appointed by all courts within the district. The panel shall be maintained by the District Court.

The strength of the panel shall be fixed by the District Judge who may vary it from time to time at his discretion.

The panel shall as far as possible include at least one practitioner, representative from each court in the district. Appointments to and removal from the panel shall be made by the District Judge in consultation with the Subordinate Judge or the Munsiff of  the court which is represented by the practitioner.

Every person recommended to the panel shall on such appointment furnish security for the sum of Rs. 2,000 in favour of the District Court to secure his liability in respect of all Receiverships to which he may be appointed. He shall furnish one or other of the following kinds of security:-

Immovable property

Cash

Government Security

Fixed deposit or cash deposit in the Post Office Saving Bank

Post Office Cash Certificate and

National Savings Certificate

On such security being furnished his name shall be entered in the panel. Such security shall be irrespective of the security that may be required of the Receiver by the court under Order XL, rule 3 (a).

Unless otherwise ordered, a Receiver shall file his account once in every three months. The first of such accounts commencing from the date of his appointment and ending with the expiry of three months from such date shall be filed within ten days after the expiry of the said period of three months and subsequent accounts brought down to the end of the three months period for which they are filed shall be filed within ten days after the expiry of the said period of three months.

The Receiver shall maintain true and regular accounts of the Receivership and shall in particular maintain a cash book in which shall be entered from day to day all receipts and payments and also a ledger. He shall also maintain a counterfoil receipt book with the leaves numbered serially in print from which shall be given as far as possible all receipts for payments made to Receiver.

The accounts of the Receiver to be filed in court shall be verified by affidavit and the items therein shall be numbered consecutively. Where a Receiver has not, since the date of his appointment or since the date of his last account as the case may be, received or paid any money, he shall file an affidavit to that effect on or before the date on which he has filed accounts.

Unless the Court otherwise orders, the Receiver shall as soon as may be after his appointment, open an account in the name of the Receivership in a scheduled bank as defined in the Reserve Bank of India Act and shall deposit into it all monies received in the course of the Receivership immediately on receipt thereof save any sums that may be required for current expenses. All payments by the Receiver shall as far as possible be made by cheques drawn on the account.

If a receiver fails to maintain true and regular accounts or fails to file his accounts into court on the due date without proper cause or unduly delays the passing of his account by failing to appear before the passing officer or improperly retains any cash in his hands, the court may disallow the whole or any portion of the remuneration due to him for the period of the account with reference to which default is committed, and may also charge interest at 12 percent per annum on the monies improperly retained by him for the period of such retention without prejudice to any other proceedings which might be taken against the Receiver.

The existing panel of Receivers in the districts of Kozhikode, Tellicherry and Palghat will continue.

No. AI-358/59, dated 10th April 1959

Sub.-Audit-Long standing objections- Clearance of.

The Comptroller has brought to the notice d the High Court that audit objections are not cleared 0'1 by the subordinate courts expeditiously and there are large number of items pending clearance. This is an unsatisfactory feature. The High Court insists that the presiding officers should pay special attention in the matter and see that all the audit objections are cleared off as early as practicable.

2. To ensure the prompt clearance of the audit objections the following instructions are issued for strict compliance:-

(i) The Comptroller wants to bring to the notice of the drawing officers the following three kinds of objections, viz.

(a) Payees receipts still due- If the payees receipts are not available, certificates of payment with a statement from the payee that they have received the amount may be required to be obtained and sent. Reasons why the original payees receipts are not forthcoming should also be stated.

(b) Want of sanction.-All such Cases can be grouped together and the sanction of the competent authority obtained. Action taken in this behalf is to be intimated to the Comptroller.

(c) Advances drawn not accounted for.-Objections of this nature are important. Head of office should realise the seriousness of this type of objections and they should see that these kinds of objections are investigated and immediately settled.

(ii) The District Judges, District Magistrates and Registrar of Village Courts will see that the audit objections pending for more than 3 months, pertaining either to their offices or offices under their control are cleared off within one month and report to the High Court of having done so. This report should reach the High Court on or before 15th June 1959 without fail.

(iii) In future the District Heads should sent a consolidated statement in the pro forma so as to reach the High Court on the 15th of every month pertaining to the previous month regarding audit objections pending more than 3 months.

The first statement should reach the High Court on or before 15th June 1959 and thereafter on the 15th of the succeeding months. The other presiding officers need not sent the statements direct to the High Court unless called for.

(iv) The Accounts Section, High Court will make a register and watch whether the statements are received in time. The Assistant Registrar in charge of the section will report to the Registrar any deficiencies noticed on the part of the lower courts.

(v) The chief ministerial officers of the subordinate courts will be held responsible for the due submission of the statements.

3. The District Judges, District Magistrates and the Registrar of Village Courts will See that the above instructions are promptly adhered to and the statements reach the High Court in time. Any delay in the matter will entail disciplinary action against the defaulting officers.

Statement of audit objections pending for more than 3 months submitted by Dt. Judges/Dt. Magistrates/ Registrar of Village Courts, Trichur for the month of ………….1959

Total number of audit objections pending at the beginning of the month

No. of objections received during the month

No. of objections cleared during the month

Total number of audit objections pending at the end of the month

Pending for more than three years

Detailed explanation for those in col.(5)

1

2

3

4

5

6

B2- 1637/60, dated 22nd June 1960:

Sub.-Applications for casual leave and leaving jurisdiction by Judicial Officers-Directions issued.

Rule 3 of section 1 of Appendix VII of the Kerala Service· Rules (at page 168) directs, that an officer requiring casual leave should take the orders of the head of his office for such absence and that, when the head of an office requires casual leave, he may take the leave and report the fact to his immediate superior authority. The rule also directs that in cases in which the casual leave is intended to be spent outside the jurisdiction of the officer, the previous sanction of the competent authority should be obtained.

With regard to heads of offices in the Judicial Department" the High Court directs that in the case of Civil Judicial Officers, it would suffice if they report having taken casual leave. Munsiff and Subordinate Judges will report to the District Judge, and District Judges to the High Court.

The Subordinate Magistrates should except in cases of urgency obtain leave from the District Magistrates concerned, who should make arrangements for the disposal of urgent work.

The District Magistrate should, in his own case, make like arrangements before taking casual leave and should make a report to the High Court.

For leaving jurisdiction, prior sanction of the authority to whom the leave report is sent, should be obtained by every officer in the civil and criminal judiciary and if, in any case, the officer has to leave without obtaining sanction the circumstance in which he was unable to obtain prior sanction should be explained.

   D5-1477/61 dated 8^th June 1961

Sub:- Delay in supplying printed copies of judgment-Orders of Munsiff condoning the delay -Instructions.

The Examiner of Local Fund Accounts, Trivandrum has brought to the notice of the High Court that payments of printing charges after condoning the delay in the submission of' clean proofs, on belated applications were noticed during the audit of many courts. The attention of the Presiding Officers of the Civil Courts in the T.C. area is invited to rule 236 of the Civil Rules of Practice (Travancore-Cochin) and they are

Informed that rule 236 does not contemplate the condoning of delay on belated applications and that the provisions of the Civil Rules of Practice have to be adhered to strictly in the matter of disbursement of printing charges.

                                      B1-705/62, dated 28^th February 1962

Sub:-Issue of certified copies of records in criminal cases -Instructions to lower appellate courts-Issued.

On receipt of notice of institution of a Criminal Appeal or Criminal revision Petition in the High Court against any judgment 01' order, the court concerned will call upon counsel appearing ~in the case to apply for the necessary copies of any records within five days and supply the copies without delay. For this purpose they may detain the records in their courts for a period not exceeding one month from the date of receipt of the notice.

                             B1-9533/61,Dated 7^th March 1963

Sub:-Batta and allowances:-Payment to Food Inspectors attending court in food adulteration cases regarding.

The attention of the officers mentioned below is invited to rules 83 and 85 of the Criminal Rules of Practice, Travancore-Cochin. They are informed that all witnesses, whether appearing for the prosecution or for the defense, in food adulteration cases will be paid their expenses out of State funds. In the case of non-official witnesses payment will be made under rule 83(1) and, in the case of official witnesses, which term would include servants of local authorities to whom the State traveling allowance rules are applicable, the court will issue a certificate under rule 85(1) to enable them to draw travelling allowances from their respective departments.

                                      D1-21771/64, dated 11^th August 1964

Sub:-Preliminary decree and final decree-Drafting of -Instructions issued.

A question arose whether the final decree should be prepared in continuation of the preliminary decree or whether the two should be prepared as two separate documents.

The High Court, after considering the above matter, hereby directs that the preliminary and final decrees should be drafted and treated as two separate documents. Attention is also drawn to the forms in Appendix D of the Code of Civil Procedure.

                             C5-12659/65, dated 17^th August 1965

Sub:-Payment of daily allowance to persons deputed to work in offices other than those to which they are attached.

According to rule 59, Part II, K.S.R. officers deputed for work to courts other than those to which they are attached, are eligible to claim travelling allowance inclusive of D.A in some cases. The District Judges and District Magistrates are requested to obtain the previous sanction of this court whenever it is proposed to order deputation arrangements involving payment of T.A. including D.A.

                   D1-11049/66, dated 8^th July 1966

Sub:-Unauthorised entries in the register books produced by the Registration Department-Avoidance of-Directions issued.

The Inspector-General of Registration has brought to the notice of the High Court an instance where a court affixed its seal after the closing entry 'Of a document in a register book when it was produced before the court as per summons.

The attention of the subordinate courts is once again drawn to the instructions on the matter and they are directed to see that the instructions are strictly observed. Copies of the circulars under reference are also appended herewith (vide 2/58 and 15"64).

It is also to be noted that the presiding officers newly appointed are expected to familiarise themselves with all the Standing Instructions and Circulars.

                             D4-22118/67, dated 26th July, 1967

Sub:-Execution by arrest and detention of the judgment debtor-Complaints of escape made by amins and process servers-Procedure to be followed- Instructions issued.

In the High Court Circular cited first it is stated that when am ins and process servers report about escape of arrested persons from lawful custody, the presiding officer of the court should hold a preliminary enquiry, and, if satisfied that there is a prima facie case, make a report to the Magistrate having jurisdiction to try the case. A doubt has been raised whether it will be proper for a Munsiff-Magistrate to make a report to himself since he is functioning as a Munsiff-Magistrate and the offence is committed within the local limits of his own jurisdiction.

In such cases the Munsiff-Magistrate may himself order investigation under section 155 (2) or section 156 (3) of the Code of Criminal Procedure as the case may be. But it is not necessary that he should make a formal report to himself for initiating such action. If after the preliminary inquiry he is satisfied about a prima facie case, he can, in his capacity as magistrate, order the investigation setting forth in his order all the relevant information. Should he eventually have to take cognizance of the offence he should, after taking cognizance, address the District Magistrate for a transfer of the case to some other Magistrate, which would be in keeping with the policy underlying section 3D] of the Code.

It is also clarified that the Circular cited is not intended to preclude presiding officers from making reports direct to the police in cases where immediate investigation is called for, or where they are magistrates competent to act under section 190 (1) (c) of the Code from their doing so in fit cases. Nor does it apply to offences other than those alleged to be committed in. relation to members of the staff in the discharge of their official duties.

                             B2-11594/68, dated 28th march1968

Sub:-Submission of representations direct to the Ministers-Disciplinary action against-Instructions issued.

Ref:-High Court Circular No. Cl-1893/37, dated 7th January 1958 (1/58).

In the High Court circular read above, it was directed that the subordinates in the Judicial Department should not send representations direct to the Ministers or to Government. In spite of the directions contained in the said circular, subordinates of this department sometimes present petitions direct to Ministers.

It is once again made clear to all the members of this department that any breach of rule 94 of the Conduct Rules or of the High Court circular cited will be visited with disciplinary action.

                             D1-21004/69, dated 29^th September 1969

Sending up of records to the High Court in criminal cases -Directions issued,

There is now no uniform practice in sending up records to the High Court in criminal cases. The subordinate courts in the T.C. area keep each paper separately folded and arrange them in serial order as in the index, in the same manner as is done in civil cases. The subordinate courts in the Malabar area arrange the papers serially according to the index and stitch them. The records in summary trial cases and calendar cases are sent up in book form.

The High Court directs that when sending up records to the High Court in criminal cases, all subordinate courts will keep each paper separately folded and arrange them in serial order as in the index, in the same manner as is done in civil cases.

                                      Dl-27908/69, dated 2nd April 1970.

Process fee leviable under item VIII of the Table of Process Fee prescribed by the High Court and published in the Kerala Gazette Extraordinary No. 23, dated 1^st  February 1962-Clarification issued.

It is hereby clarified that under item VIII of the Table of Process Fee referred to above, a separate fee has to be levied in respect of each person to be served.

                             D1-18061/71, dated 27^th  July1971

Sub:-Draft judgments-Preservation-Instructions issued

Ref :-High Court Notification No. D1 -8254/63, dated 17th September 1966 published in Kerala Gazette No. 44, dated 8th November 1966 relating to destruction of records rules.

According to the circular issued by the Madras High Court and printed at pages 329 and 330 of Volume I of the Civil Rules of Practice and Circular Orders, Madras, (1941 Edition) the draft judgments have to be collected, arranged in chronological order, bound in books and subsequently forwarded to the District Court. This practice is being followed in the Malabar area.

In T.C. area the draft judgments are kept among the records of the case. As per serial number 1 in the table given in Appendix B 1:0 the Destruction of Records Rules (No. Dl-8254/63, dated J 7th September 1966 published in Part III of Gazette No. 44. dated 8th November 1966) the draft judgment form Part I of the suit records.
After considering the matter in all its aspects it is hereby directed that the practice obtaining in the Malabar area be discontinued after the expiry of the current year. Draft judgments will thereafter be kept among the records of cases.

                   DI-22155/72 Dated 24th July 1972.

Sub.-Civil Rules of Practice, Kerala-Rule 388 (2)-Remittance of deposits into the Treasury-Instructions issued.

Under Rule 388 (2) of the Civil Rules of Practice, Kerala the balance of amount under petty deposits at the close of a day must be remitted to the Treasury with the least possible delay. It has now been brought to the notice of the High Court that a strict observance of the rule will involve expenditure of traveling allowance disproportionate to the amount to be remitted in stations where there are no treasuries. It is therefore directed that even for the purpose of making deposits under rule 388 (2), where there is no treasury at a station, remittance of amounts of less than Rs. 25 may be postponed till the total amount to be deposited reaches Rs. 25.

           EI-16564/73, Dated, 16th August 1973.

Sub:-Investigation and prosecution of cases arising out of violent agitation-Delay report-Sending of-·Instructions issued.

It has come to the notice of the High Court that there is inordinate delay in the investigation and prosecution of cases arising out of certain violent agitations resulting in large scale destruction of life and property. Such incidents can be reduced only when the anti-social elements feel convinced that their arrest \\ ill be swift and prosecution prompt. Hence the Sessions Judges and the District Magistrates should see that in cases arising out of such violent agitations arrests of culprits and the filing of charge sheets are not delayed.

The Sessions Judges and the District Magistrates are directed to report promptly the delays if any, noticed by them in the investigation of crimes arising out of such violent agitations, to the concerned Superintendents of Police and to the High Court in future.

                             C5-1838/74, Dated, 6thJuly 1974.

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

Ref.-G.O. (P) 290/69/Fin. dated 9th June 1969.

It has come to the notice of the High Court that the procedure followed for providing night watch duty by the Civil and Criminal Courts is different. In order to follow a uniform procedure in the matter, the following instructions are issued.

(i) Process Servers and Peons will be posted for night watch duty by turn allowing off for the next day as provided in clause (ii) to para 28 of the G.O. cited.

(ii) Separate duty arrangement will be made for Civil Courts and Criminal Courts.

(iii) Night duty watchman need not be posted in courts housed in Civil lines/or other buildings where there is a Police Guard or regular watchman for night duty.

(iv) Only one Process Server/Peon needs to be posted for night watch duty in buildings or premises where several courts are situated and he will be in charge of all the courts.

                             E5-45034/73, Dated, 19th July 1975.

Sub.-Civil Court Deposit Registers maintained by the Subordinate Courts-Uniform procedure for making entries therein ... Issue of orders for repayment of deposits-Further instructions-Issued.

Ref.-l. High Court Circular No. 21/74, dated 26th November 1974.

2. High Court Circular No. 8/75, dated 7th April 1975.

As per the circular cited 2nd' the subordinate courts were directed that orders for repayments shall be passed by the courts only after the deposits made as per chalan receipts have been verified and confirmed with reference to the treasury advice lists. Now the District Judges of Kozhikode, Manjeri and Tellicherry have reported that there is much delay in the receipt of treasury advice lists from the treasuries in their districts. Because of this delay issue of cheques against deposits made from May 1974 has become impossible in the Kozhikode District. The District Judges also report that sin<;e they are not in a position to withdraw from the treasuries the printing charges, witness bata, etc. which were deposited by the parties in court and remitted to the treasuries due to the delay in the receipt of treasury advice lists the day -to-day working of the office also· is likely to be affected. The High Court after considering the matters. again directs that the Circular cited 2nd is not meant to apply to printing charges, bata for witness, commission batta and also such other amounts, where the remittance to the treasury is made by the court direct. The District Judges are hereby informed that the circular cited 2nd was issued as a safeguard against making payments on the basis of chalan receipts produced by parties which may later on turn to be bogus ones. The High Court in partial modification of the circular cited 2nd directs that pending effective steps by the Director of Treasuries for the issue of weekly verification statements, in cases which require immediate payment the Presiding Officers may issue cheques after satisfying themselves about the genuineness of the chalan.

                             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."

          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.

 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.

          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.

           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.

          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.

          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.

          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).

G1-2197 dated 3 August 1957

Sub:-Rent control cases-Transfer to the judiciary.

Ref:-This Office Endorsement on Gl-2197/57, dated 17th July 1957.

The attention of subordinate courts is invited to the Government Notification B4-6534/57/PW, dated 1st July 1957, communicated in this office endorsement mentioned above. The Subordinate Courts are directed to dispose of such cases as expeditiously as possible.

  B3 596/58 dated 28th April 1958

Sub.-Judicial officers-Application for leave on transfer.

It has come to the notice of the High Court that many of the officers who are being transferred from one station to another put in applications for leave. The High Court views with much disfavour the conduct of such officers proceeding on leave as soon as they are transferred from one station to another. The District Judges and District Magistrates are requested to give direction to their subordinate officers in the matter.

                    No. AI-1479/59, dated 3^rd  April 1959

Sub.-Monthly and Annual returns-Civil and Criminal Courts Deposit accounts-Submission of.

It has been brought to the notice of the High Court by the Comptroller that monthly and annual returns under Civil and Criminal Courts deposit account have not been forwarded by the subordinate courts to the Comptroller in time. Regarding some- courts monthly returns from 4/58 onwards are due. The High Court views this with great displeasure and insists that this state of affairs should cease immediately.

2. To ensure the prompt submission of the returns the following instructions are issued for strict compliance:-

(i) The District Judges, District Magistrates and the Registrar of Village Courts will see that the returns pertaining to offices under their control are forwarded to the Comptroller in time and they will sent a report, so as to reach the High Court on the last day of the month, that the returns pertaining to the previous month have been forwarded to the Comptroller in time.

(ii) In future, the District Heads need only send the report, and other presiding officers need not send the report to the High Court direct, unless called for.

(iii) The Accounts Section, High Court, will maintain a register and watch whether the reports are received in time.

(iv) The first report should reach the High Court on the last day of May, 1959 and thereafter on the last day of every month.

(v) The Chief Ministerial Officer of the subordinate courts will be held responsible for the due submission of the report.

3. The District Judges, District Magistrates and the Registrar of Village Courts will see that the above report pertaining to the offices under their jurisdiction reaches the High Court in time. Any delay in the matter will be seriously viewed by the High Court.

                             B1-5061/60, dated 20^th July 1960

Sub: Employees Provident Funds-Protection against attachment- Instructions.

Under the provisions of section 10 of the Employees Provident Funds Act (Central Act XIX of 1952) the amount standing to the credit of any member of a fund established under the provision' of the said Act shall n01; be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member.

The attention of all subordinate civil courts is invited to the above provisions for information and guidance.

                                      B1-4562/61, dated 6^th July 1961

Sub:-Confidential Report on Judicial Officers-Inclusion of the name and designation of the Reporting Officer.

In the form for confidential reports of Judicial Officers there is no column for showing the name and designation of the Reporting Officer and, since generally speaking the signatures are indecipherable, it is difficult to make out who the Reporting Officer is. The officers mentioned below are therefore informed that, when submitting confidential reports, the name and designation of the officer reporting should be clearly typed below his signature.

D4-831/62, dated 6^th March 1962

Sub:-Missing of records in the subordinate courts responsibility of officers-Instructions regarding.

The loss of case records in the lower courts is becoming a common feature and it is feared that the matter is not viewed with the .5eriousness it deserves but is being dealt with as a matter of course. Presiding officers should realise that in this, as in other matters, the ultimate responsibility is theirs and they should take steps to ensure that records are neatly arranged and safely kept, that they are not unauthorisedly removed from the record room or other sections and that no unauthorised person, be he a member of the staff or an outsider, is allowed access to them. The chief ministerial officer should exercise very close supervision and will be held answerable along with the person in immediate charge for any loss of records. Members of the staff are warned that unauthorised removal of records from the record room or other sections, or the affording of unauthorised access to them, will entail the dismissal of the member at fault.

                             B1-8942/62, dated 11^th March 1963

Sub:-Grant of representation to the estate of a deceased person-Need to ensure compliance with the requirements of section 56 of the Estate Duty Act, 1953 (Central Act 34 of 1953).

Ref:-Letter No. 19/81/62-Judl. II, dated 21st September 1962 from the Government of India, Ministry of Home Affairs.

In the letter cited second the Government of India have informed the State Government that instances have come to their notice in which courts have issued probates, letters of administra1 ion and succession certificates without due compliance with the statutory requirements prescribed by section 56 of the Estate Duty Act, 1953 (Central Act 34 of 1953 as amended by the Central Act 33 of 1958).

The attention of the officers mentioned below is invited to section 56 of the said Act and they are hereby directed to comply with those provisions in all cases involving the grant of representation to the estate of a deceased person,

                                      D4-8191/61/D2, dated 13^th August 1964

Sub:-Receivers appointed in suits-Filing of accounts -regarding.

Ref:-H.C. Circular, dated 3rd April 1958 (12/58).

Detailed instructions have been issued by the High Court in the circular under reference with regard to the filing of accounts by receivers, the deposit of collections and the action to be taken in the case of defaulters.

Various instances have come to the notice of the High Court where the receivers are not, even now, filing their accounts on the due dates.

The attention of the subordinate courts is once again drawn to the instructions on the matter and they are directed to see that the instructions are strictly observed.

                             D6-10378/65, dated 17^th September 1965

Sub:-Perusal of court records and registers by Income tax Officers-Facilities to be provided for Instruction regarding.

The High Court is pleased to direct that on request 1n writing by the Income-tax Officer, the Appellate Assistant Commissioner or the Commissioner all courts and subordinate offices should allow any officer of the (Central) Income-tax Department to examine any document, register or other record in their custody for the purpose of any proceeding under the Income-tax Act and accord him the necessary facilities for the purpose·

                             No. Dl-8361/66, dated 8th July 1966.

Sub:-Prohibition cases-Reports of Police and Prohibition Officers-Necessity of Chemical Examiner’s Report-Regarding-Clarification issued.

The Board of Revenue (Excise) reports that since the decision of this court in State of Kerala (Appellant) Vs. Sreedharan (Respondent)-LL.R. 1965 (II) Kerala 547-1965 KLT 1002-most courts decline to accept reports under section 56 of the Prohibition Act unless the report is accompanied by a certificate from the Chemical Examiner. Section 56 does not require that a report there under should be accompanied by such a certificate and it is clearly the duty of the court to take cognizance of an offence on a report made in conformity with the section. The decision referred to says nothing to the contrary, and, in fact, has no bearing whatsoever on the question of cognizance. What it lays down is that in any case where it is necessary for the prosecution to prove that any particular substance is liquor within the meaning 'of the Act, evidence such as that' the substance smelt of liquor is not sufficient proof, that the best evidence would be the result of a chemical analysis and that such evidence must, wherever possible, be adduced. And, since ascertainment, as reliably as possible, whether or not the substance is liquor is a necessary part of the investigation, it suggests that this be done (in the shape of Q certificate from the Chemical Examiner) before a prosecution is launched. But, while it insists that the best evidence in the shape of a certificate from the Chemical Examiner should be adduced at the trial, it in no way suggests that such evidence must be available before cognizance is taken.

All Magistrates are informed that when a report is made in conformity with section 56 of the Prohibition Act they should take the case on file and should not at that stage insist on a certificate from the Chemical Examiner. Whether the prosecution has adduced sufficient evidence to establish its case is a matter to be decided at the close of the inquiry or trial and not when cognizance is taken of the offence alleged.

                             E4-22989/67, dated 7th September 1967

Sub :-Cases against military personnel pending before a Magistrate-Intimation: by the military authorities that the accused would be tried by court martial-Procedure to be followed.

The procedure to be followed where the accused person is liable to be tried by Court Martial is laid down in the Criminal Courts and Court Martial (Adjustment and Jurisdiction) Rules, 1952. From the said rules, it is seen that if the military authorities take cognizance for trial by court martial, the case in the Magistrates' Court shall stand stayed.

Now the question has come up for consideration whether such cases should be treated as disposed of by transfer to the military authorities for trial by court martial or should it be shown as pending on the file of the Magistrates' Court.

The attention of all subordinate Magistrates is drawn to the provision of law contained in the Rules. Once a case is stayed under rule 5 of the said Rules, it is to be treated as disposed of by transfer. If the Magistrates are called upon to take any further action in the matter they can keep an administrative file, and if it is to be tried later for any reason, it is to be' treated as a fresh case, as if received by transfer.

                             No. Dl-112G8/67, dated 28th June 1968

Sub:-B diaries-Maintenance of-Instructions issued.

Ref:-Draft rules of the Civil Rules of Practice, Kerala published in Kerala Gazette No.7, dated 15th February 1966.

The attention of the subordinate courts is invited to the rules in the unified draft Civil Rules of Practice regarding maintenance of B Diaries (Rule 383, enclosed- and Form No. 72, 73, 74 or 75 as the case may be). As it appears that there will be delay in bringing into force these rules and as it is felt that B diaries should be maintained as directed therein even from now, the subordinate courts are hereby directed to follow the directions mentioned above with immediate effect regarding 'the maintenance of B diaries.

D2-29645/66, dated 23^rd  October 1969

Administration of oath in religious institutions-Directions issued.

The subordinate courts are informed that commissions for administering oath should not be issued to persons in charge of religious institutions, except with their consent. Such commissions are to be issued to persons to whom commissions are normally issued.

                             D1-3316/70, dated 9^th April 1970

Jurisdiction of an Additional Munsiff, Additional Sub Judge and Additional District Judge to hear cases under special statutes-Instructions issued.

A number of cases arise where the jurisdiction of an additional judge of a court, in other words, an Additional Munsiff, Additional Sub Judge or Additional District Judge to hear cases under special statutes, conferring powers on the Munsiff, Sub Judge and District Judge is in issue.

The subordinate courts are informed that the additional judges of their courts can try such cases only if the power is conferred on the court as such. In ot1her cases, the principal judge should try the cases himself and not make them over to the additional judges. Even where the power is conferred by the special statute on the court as such, the cases should ordinarily be heard by the principal judge and should be made over to an additional judge only for special reasons. In this connection the attention of the subordinate courts is invited to the Full Bench ruling in C.S. Balarama Iyer and another v. Krishnan reported in 1968 KL.T. 8=1968 KL.J. 54=1968 KL.R. 76.

                             Cl-41357/70, dated 31st July 1971

Sub :-Disciplinary proceedings-Minor penalty imposition of-Form of charge-Amendment of para 7 of the Manual for Disciplinary Proceedings.

Ref :-G.O. Rt. No. 137/70/Vig., dated 12th October 1970 of the Vigilance Department, Trivandrum (Endt. on L. Dis. 37036/70/C1/18th November 1970 of the High Court).

Para 7(6) of the Manual for Disciplinary Proceedings contains a specimen of the memo of charge to be used when a minor penalty under rule 16 of the K. C. S. (C. C. & A) Rules, 1960 is to be imposed. As per the G.O. cited above, Government have amended the above specimen charge. Under the original provision, the particular penalty proposed to be imposed is to be mentioned in the memo of charge. After the amendment the particular penalty proposed need not be mentioned.

The High Court, however, considers it desirable that even in the case of imposition of a minor penalty, the show cause notice should mention the particular penalty proposed to be imposed. The subordinate officers are therefore directed to follow the form mentioned in para 7(6) of the Manual, prior to its amendment, when they propose to impose a minor penalty.

The above instructions should be followed also in case where, after proceeding under rule 15 (Major penalty), the disciplinary authority decides to impose only a minor penalty.

                   E2-2277AI12, Dated 31st July 1972.

Sub.-Under trial prisoners-Expeditious disposal of cases- Regarding.

The subordinate courts art' directed that they should pay particular attention to the speedy disposal of cases in which the under trial prisoners are in jail so that the period spent by the under trials in jail is reduced to the minimum.

                   DI-32526/72 (C3), Dated, 22.1d August 1973.

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

It has come to the notice of the High Court that the monetary limit observed for the distribution of arrest warrants among process servers and Amins for execution varies from court to court. The High Court is of the view that a uniform monetary limit has to be observed in entrusting arrest warrants to process servers for execution. Therefore the following instructions are issued for the guidance of the Civil Courts.

Arrest warrants for sums of Rs. 500 and below be entrusted with the process servers fIr execution. All other warrants should be entrusted with the Amins.

                             DI-20543/74, Dated, 8th July 1974.

Sub.-Section 428 of the Code of Criminal Procedure, 1973 Instructions issued.

Under Section 428 of the Code of Criminal Procedure, 1973 the period of detention, if any, undergone by convicted persons during investigation, inquiry or trial of the same case and before the date of such conviction, should be set off against the term of imprisonment imposed on the convict and the liability of such convict to undergo imprisonment on such conviction should be restricted to the remainder, if any, of the term of imprisonment imposed on the accused person. The Inspector General of Prisons has requested to furnish in .he warrants sent to the jail authorities such details of the detention undergone by the convicted persons,-when the convicted persons are sent to jail to undergo the period of imprisonment, -so as to enable the jail authorities to carry out the directions contained in the Code.

The Subordinate Criminal Courts are therefore, hereby, directed to indicate in the warrant of commitment of the convicted persons sent to jail (Form No. 34 in the second schedule to the new Code) the period during which the said convict has been in custody pending investigation, inquiry and/or trial.

They are also directed that this need not be done in respect of an investigation, inquiry, trial or appeal pending on 1st April 1974.

                             DI-999l/75, Dated, 21st July 1975.

Sub.-Convening of district level conference by Chief Judicial Magistrates and Sessions Judges as per directions contained in High Court Circular Nos. 6 and 20/73-Further instructions issued.

Ref.-l. High Court Circular Nos. 6 and 20/73.

2. This office O.M. No. Dl-999l/75, dated 31st March 1975.

As per the O.M. cited Circular Nos. 6 and 20/73 have been cancelled and the Sessions Judges and the Chief Judicial Magistrates have been informed that they need not convene District Level Conferences as required under the circulars. The High Court after careful re-consideration of the matter issue the following directions.

1. High Court Circular 20/73, dated 21st November 1973 will stand cancelled. The Sessions Judges need not convene the periodical conference as required therein hereafter.

2. The Chief Judicial Magistrates are informed that even though Circular 6/73 is cancelled it is not meant to do away with the previous practice of periodical meetings being held by the Chief Judicial Magistrates with the police officers for discussion of matters relating to the delaY3 in the service of summons and notices and in the submission of final reports by the police etc. They are informed that they are free to convene conferences of probation officers in the district if and when such a course appears to them to be necessary. The minutes of such. conference should be forwarded to the High Court.

                    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.

                    D1-10563/77., 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.

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

 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.

           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.

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,

G1-1755/57 dated 8^th August 1957

Sub:-Procedure to be followed regarding the Copyists' Section of the lower courts in the T-C area.

It is hereby directed that the copyists' section in all the courts in the T-C area also should be kept open during the midsummer vacation as in the courts in the Malabar area so that there will be a uniform practice in this matter in Kerala State.

B3-2596/58 dated28th April 1958

Sub.-Batta to witnesses in criminal cases-Payment of.

It has been brought to the notice of the High Court that some of the subordinate criminal courts are not correctly implementing the rules governing the payment of batta to witnesses in criminal cases. The certificate of the court that the attendance of a witness was directly in furtherance of the interest of public justice is necessary only in cases where payment is made as per the provisions contained in rule 83 (1) (d) of the Criminal Rules of Practice (Travancore-Cochin). Certificates as under sub-clause (d) of rule. 83 (1) are not necessary in cases falling under sub-clause (a) of' rule 83 (1). Batta has to be paid in cases falling under rule 83 (1) (a) in all non-bailable unless the court chooses to disallow it under rule 92 for reasons to be  recorded.

The attention of the Subordinate Magistrates is drawn to rules 83 and 92 of the Criminal Rules of Practice (Travancore-Cochin).

                   No. 350 of 1959 (Cr1.), dated 4th April 1959

Sub.-Procedure relating to pronouncement of judgments in cases in which the accused is charged under section 75 I.P.C. in addition to the substantive charge against him.

It is clear from section 310 of the Code of Criminal Procedure (1898) that, in case coming under the above subject the further charge under the section 75 I.P.C. can be read out and the trial in respect of it held only after a conviction is entered in respect of the substantive charge.

The words used in that section are the effect that the further charge under section 75 I.P.C. shall not be proceeded with "unless and until the accused has been convicted of the subsequent offence." The accused can be said to have been convicted of the subsequent (or substantive) offence only when the conviction for that offence is formally pronounced and a record thereof is made.

In the instant case under reference the Additional Sessions Judge commenced the trial relating to the further charge without the conviction for the subsequent charge being formally pronounced in open court and ,l record thereof made. There is no mention at all in this judgment of a conviction having been pronounced in open court at the clause of the trial for the substantive charge. It is clear from it that the formal pronouncement of the conviction in respect of the subsequent offence under section 379 LP .C. and the formal pronouncement of the conviction in respect of the further charge under section 75 I.P.C. were in this case simultaneous. This procedure is irregular and expressly forbidden by section 310 of the Code of Criminal Procedure.

On a consideration of all the aspects the High Court are of the view that the procedure in this behalf should be as fo11ows:-

(I) In case to which section 310 of the Code of Criminal Procedure applies, the judgment of the criminal court trying the case need not be in two parts, and only one judgment need be written in the case for the two charges;

(2) The trial in respect of the further charge under section 7j I.P,C. shall be commenced only after a formal pronouncement in open court of the conviction for the subsequent (or substantive) offence;

(3) A record of such conviction for the subsequent offence shall be made by the court either in the order sheet in the case or in some other paper incorporated with the record;

(4) The fact that the conviction for the subsequent offence has already been made shall be made clear in the judgment in the case pronounced later.

                             B1-4022/60, dated 27^th July 1960

Sub: Deposition of witnesses-Recording of- Instructions

It has come to the notice of the High Court that paper employed for taking down the depositions of witnesses in the subordinate courts in the Malabar area is of the size of quarter sheet instead of foolscap size. Probably the practice came into vogue during the time of the Second World War when there was scarcity of writing paper. However there is no need or justification for continuing the practice any longer and it should be stopped forthwith. The District Judges and District Magistrates in the Malabar area will take immediate steps for employing foolscap size (half sheet) paper for depositions instead of quarter sheets now in vogue.

                                      B1-4442/61, dated 6^th July 1961

Sub:-Partition suits, mortgage suits, partnership suits, etc.-Disposal for statistical purpose-Contested and uncontested - Classification - Instructions issued.

The High Court considered in detail the question of introducing a uniform procedure in all the civil courts in the State regarding the mode and classification of disposal of suits for statistical purposes, and has decided that there should be uniformity in the matter in all the civil courts in the State. The following instructions are therefore issued by the High Court in the matter for the guidance of the subordinate civil courts in the State:-

(i) In suits in which decrees directing an enquiry as to rent or mesne profits are passed under Order XX, rule 12 (1) (e) of C. P. C. the suit may be registered as disposed of for the purposes of the statistical returns, when preliminary decree is made.
(ii) Mortgage suits in which preliminary decrees have been passed should, for statistical purposes, be treated as disposed of. Final decree passed in the same suit under Order XXXIV, rule 5 C. P. C. should not be counted as a disposal of the suit.

(iii) Suits for partition which are adjourned sine die for the passing of final decrees may be treated as disposed of for statistical purposes as soon as preliminary decrees are passed. Final decrees passed under Order XXVI, rule 13 C.P.C. as per order on C.M.Ps. should not be treated as disposals of the suits again, but they can be treated as disposals of the petitions only.

(iv) Administration suits should be treated for statistical purposes exactly like partnership and account suits, i.e. they should not be treated as disposed of for statistical purposes until a final decree is passed.

(v) When interim decrees under Order XII, rule G C.P.C. are passed and the suits are adjourned for trial on other issues, the suits can be treated as disposed of only after recording the finding on all issues in the suit.

(vi) Suits can be treated as disposals after full trial, only in cases, when finding on issues are recorded. The finding on issues which relate to incidental matters such as costs, interest, payment by installments, etc., should not be taken into account.

                                      C2-8657/61,dated 7^th March 1962

Sub:-Payment of charge allowance.

It has become the practice with the District Judges and District Magistrates (Judicial) to address the High Court for sanctioning the payment of charge allowance to persons who have been ordered by them or their subordinates to hold additional charge of a higher post without obtaining the previous approval of the competent authority, viz., the High Court. This is quite irregular. It is also contrary to the provisions contained in rule 53 Part I Kerala Service Rules. It is therefore directed that in future, when necessity arises to make any charge arrangement the District Judges and the District Magistrates (Judicial) should invariably obtain the previous approval of the High Court for such arrangements. However if it is considered that sl..1ch a course in any case will entail delay and cause work to Suffer, the District Judge or the District Magistrate may make appropriate charge arrangements and report the matter to the High Court immediately seeking ratification of their action.

2. These directions will be strictly followed by the District Judges and the District Magistrates.

                             B1-8038/62, dated 11^th March 1963

Sub: - Village establishment-Village officers-Commission fee-Payment of-Regarding.

The subordinate courts are informed that rule 145 of the Civil Rules of Practice, 1956 (Travancore-Cochin) does not apply to village officers deputed to help commissioners appointed by court. Unless there are special reasons to the contrary, the village officers should be paid their fees as soon as they complete their work. Payment should not be held up till acceptance of the Commissioner's report by court.

                                      D1 9144/64, dated 22^nd  September 1964

Sub:-Execution of death sentence-Special Appeals and Mercy Petitions-Procedure to be followed in the case of-Directions issued.

It has been brought to the notice of the High Court that rule 171 of the Criminal Rules of Practice (Madras) and rule 793 of the Kerala Prisons Rules, 1958 are conflicting, in as much as, there is no provision in the Criminal Rules of Practice (Madras) relating to the procedure to be followed when Special Appeals and Mercy Petitions are filed by an accused, who has been condemned to death. Rule 175 of the Travancore-Cochin Criminal Rules of Practice, as amended, has prescribed the procedure to be followed in such cases.

After considering the above matter the High Court hereby directs that, pending amendment of the Criminal Rules of Practice (Madras) all Sessions Courts in Malabar area will act in accordance with the provisions contained in rule 793 and the other rules of the Kerala Prisons Rules, 1938, in issuing warrants for execution of sentences of death.

                             D1-19772/65, dated 6^th October 1965

Sub:-Irregular detention of inmates under the Children Act instead of the Borstal Schools Act-Further instructions issued-Reading of the statute when applying them-Duty of Judicial Officers.

Ref :-(l) High Court Circular No. Bl-4422/63, dated 13th August 1963 (22/63).

(2) High Court Circular No. 10 of 1964, dated 4th August 1964.

An instance has been brought to the notice of the High Court where an accused person aged 17 was ordered by a criminal court to be detained in a certified school under section 23 of the Madras Children Act which applies only to offenders under the age of 16. The proper provision to apply in that case was section 5 of the Kerala Borstal Schools Act and the error had to be corrected by the High Court in revision.

The attention of all Magistrates is invited to the list u[ special laws dealing with offenders below the age of 21 now in force in the State appended to this Circular and they are directed to familiarise themselves thoroughly with the provisions of these enactments and apply them whenever called for. Their attention is also invited to the instructions contained in High Court Circular No. Bl-4231/60, dated 28th July 1960 (15/60) a copy of which has been enclosed with the High Court Circular cited first, regarding the procedure to be followed where the accused is not clearly above the age of 21.

Their attention is invited also to instruction No. 17 in the Manual of Instructions for the guidance of Magistrates.

It is noticed that mistakes are often committed by Judicial Officers, both civil and criminal, by their failure to refer to the statutory provisions they profess to apply. All officers are reminded that it is their duty to read the statute they are applying on every occasion they apply it, however familiar they might think it is.

APPENDIX

1. Enactment applicable to Travancore area only.

The Travancore Children Act XXXII of 1120.

II. Enactment applicable to Cochin area only.

The Cochin Children Act XXXVI of 1111.

III· Enactments applicable to Malabar area only.

(i) The Madras Children Act 4 of 1920.

(ii) The Reformatory Schools Act (Central Act 3 of 1897).

IV. Enactments applicable to the whole State (Kerala).

 (i) The Kerala Borstal Schools Act, 1961 (Act 31 of 1961).

(ii) The Probation of Offenders Act, 1958 (Central Act 20 of 1958).

                             D6-15985/66, dated 11^th august 1966

Sub:-Register books and other documents of the Registration Department-Their summoning, safe keeping and prompt return-Instructions regarding·

It is apprehended that courts too readily accede to the requests to summon registers and other documents from Registrars' Offices and that they do not keep any close watch over their safe keeping and their prompt return as soon as the purpose is over.

All the subordinate officers should therefore note that they should accede to the requests to summon registers and other documents from the Registration Department only when absolutely unavoidable. The presiding officer concerned must carefully apply to his mind to the question whether this requirement is satisfied before summoning such documents. He will be held personally responsible for the safe keeping of the documents and their speedy return after substitution by certified copies. It would be as well if he keeps a personal note book showing the date of summoning of such documents, the date of their receipt, the date of their reception in evidence and the date of their return so that he can keep a close watch over the matter.

                   No. B3-1748/60/B2, dated 30th September 1967

Sub:-Magistrates-Sub Magistrates' training before appointment-Instructions to the District Magistrates-Issued.

1. On the recommendation of the High Court, Government have issued the G.O. cited (copy enclosed) regarding the scheme of training for Sub Magistrates before their appointment.

2. The following instructions are issued by the High Court for the guidance of District Magistrates in the matter.

3. It is the special responsibility of the District Magistrate under whom the candidate is posted for training to see that the latter takes the training seriously, and derives the utmost possible benefit from it. This is best achieved by the District Magistrates keeping in close touch with the trainee and encouraging him to see the District Magistrate often and discuss the several items of work on which the candidate is at the time engaged, and the problems or difficulties, he might encounter. After the completion of each item elf training, the District Magistrate should test the trainee to find out whether the training has been of benefit to him. Should he be found deficient, he should be asked to go thr0ugh the training again. Such tests may be made viva voce, and in stages, at the conclusion of each of the items of training in the various departments mentioned in the G.O. cited. For assisting him in the tests the District Magistrate may address the concerned departmental officers to assist him personally or to depute a senior gazetted subordinate for the purpose. The tests should be designed to find out if the trainee had acquired a general knowledge of the working of the departments, especially of those branches which are likely to come before him frequently in his judicial work. The result of such test should be embodied then and there in a confidential file to be maintained for each trainee and should form the basis of the special report which the District Magistrate has to send to the Registrar, High Court, at the conclusion of the training.

4. At the commencement of the period of training the District Magistrate should draw up a list of books -and appropriate Departmental Manuals for the trainee to go through, during his training, like the Police Acts and Rules for his training in the Police Department and the Forest Ac~ and Forest Manual while being trained in the Forest Department. The trainee should also be required to re-read the Penal Code, Criminal Procedure Code, the Evidence Act, the Criminal Rules of Practice and the Manual of Instructions for the guidance of Magistrates.

5. The trainee should keep a diary and submit it to the District Magistrate every fortnight for scrutiny. the diary should not be a mechanical schedule of dates, hours and items of work done but should be an intelligent narrative and show that the candidate has applied his mind with critical attention both to what he has read and to what he has done.

6. As the object of the training is 10 equip the trainee with the necessary competence for judicial work as Sub Magistrates, it will be advantageous to start on the trial of cases as early as possible. In regard to many of the item of administrative training especially those that involve 0uttdoor work, morning hours will be sufficient so that the trainee might devote the afternoons to the trial of cases. This will also leave time for the officer to whom the trainee is attached to devote his attention to other work which might not directly concern the trainee.

7. The District Magistrate will allot a sufficient number of cases for disposal by the trainee from the file of the Sub Magistrate at the headquarters of the District. Simple cases should be transferred first but as the training progresses, more difficult cases may be selected depending upon the progress of the training. The District Magistrate will depute the staff necessary for the judicial work of the candidate, from the staff of the Criminal Courts at the headquarters. The candidate however, will have no separate of/lee, and his office will be the same as that of the Sub Magistrate at the station.

8. As far as possible, cases of different varieties should be chosen like cases prosecuted by the Forest Department, the Local Board, the Excise Department, besides the regular I.P.C. cases and also P.R./P.E. cases. Posting of cases should be so made that the trial does not clash with the items of administrative training. To achieve this result, the District Magistrate should devote his personal attention in selecting cases for transfer and not mechanically depend upon his office for the purpose. The District Magistrate will arrange 'with the officers of the other Departments concerned to give the prescribed items of training at the most convenient time. At an early stage of the training opportunity should be found to enable the trainee to sit on the dais with an experienced Sub Magistrate, First Class Magistrate and also with the District Magistrate to acquaint himself with the manner in which each of these officers attend to the routine work of the day as well as the regular trial work and the manner in which they handle Departmental Officers in charge of prosecution, the parties and counsel, in open court.

9. During the administrative )training in the judicial Department the trainee should sit with each clerk in the office of the District Magistrate in turn, and familiarise himself thoroughly with the registers and make a few postings himself. Particular attention should be devoted to the property rooms, the handling of properties, valuable and non-valuable,

the collection of fines and the preservation and destruction of records. He should study the preparation of statistical returns. If this part of the training is made to coincide with the end of a quarter, it should be possible for the trainee himself to prepare the statistical returns of the quarter.

10. The principal object of the training is that the trainee should be able to produce a good judgment and therefore special care must be devoted to the writing of judgments. 1\. file of typical judgments dealing with different types of cases and which can be followed as models should be selected and the trainee should be asked to go through these judgments carefully. The judgments written by the trainee should be perused by the District Magistrate after they have been pronounced and if necessary discussed with the trainee. Rewriting of such judgments under the guidance of the District Magistrate after such discussion, will be a useful exercise.

GOVERNMENT OF KERALA

Abstract

Kerala Subordinate Magisterial Service Rules-Scheme of Training for Sub Magistrates-Orders issued.

Read:-l. G.O. MS. 202/62/Home, dated 30th April 1962.

2. Letter No. B3-1748/60/B2, dated 6th October 1964 from the Registrar of the High Court.

3. Letter No. GAl-65094/64, dated 16th January1965 from the Inspector-General of Police.

4. Letter No. El-5398i65/MS., dated 13th March 1965 from the Principal, Medical College. Trivandrum.

Rule 7 of the Kerala Subordinate Magisterial Service Rules, 1962, enjoins that every person selected for appointment as Sub Magistrate shall undergo such training as may he prescribed in this behalf by the State Government in consultation with the High Court.

The Government in consultation with the High Court prescribes the following scheme of training for Magistrates, as detailed in the annexure of this order:-

(i) This scheme of training will apply to candidates to be hereafter selected for appointment as Sub Magistrates eit1her by direct recruitment or by transfer.

(ii) The District Magistrate (Judicial) of the District '0 which the candidate is posted for training, will be in charge of the training and will arrange with the district heads of other departments for training the candidates in the respective departments.

The District Magistrate should peruse all the judgments of the candidate, and, at the end of the period of training should send up a special report on the candidate to the Registrar, High Court. This report should be placed in the personal file of the candidate on his appointment as Sub Magistrate.

(iii) During the period of training, the candidates will be paid an allowance of Rs. 200 per month or the last pay drawn by the candidate whichever is higher.

(iv) The period of training will not count for increments in the post of Sub Magistrates.

2· The Government sanction the deputation of the Scientific Aid Instructor, Police Training College, Trivandrum and Assistant Professor, Forensic Medicine. Medical College Trivandrum, to give lectures on Science and Criminal Investigation, Medical Jurisprudence respectively on a part-time basis for a period of 2 weeks on receipt of requisitions from the District Magistrate, Trivandrum.

(By order of the Governor)

C. K. KOCHUKOSHY,

Home Secretary.

To

Registrar of the High Court, Ernakulam (with C.L.). Accountant General.

Inspector-General of Police.

Principal, Medical College.

Secretary to the Government of India, Ministry vi Home Affairs, New Delhi (with C.L·).

Finance Department. Health Department.

Forwarded/By Order,

(Sd.)

Superintendent

Annexure

(1) Period of Training:

The training will be for a period of 26 weeks.

(2) Details of Training:

The period of training in the various Departments will be as follows:

Police Department                     4 weeks.

Forest Department                     2 weeks·

Jail Administration                    2 week;

With A.P.P.s.                                       4 weeks.

Judicial Department                            12 week~.

P. T· College, Trivandrum            2 weeks.

(1)  

The candidate should be given an idea of the organisation and equipment of local police stations, the volume of work of different types they have to do and the way they are attended to and supervised with particular reference to their relation to the courts, viz., duties of the police in cases with reference to the Court during the investigation before a charge-sheet is laid.

(b) With the Inspector of Police (one week).-The candidate should be attached for a week to a Police Inspector. During this week and during the other three weeks already mentioned, it will be the duty of the Inspector, under the Deputy Superintendent’s directions, to take the candidate for major investigations and give him also a clear picture of the method of supervision by Inspector both on the field and by inspection of stations.

(2) Training in the Forest Department (2 weeks}.-·A substantial portion of this period should be spent with a selected Forest Ranger, most of the  period being spent in visits to forests to get acquainted with the conditions under which forest offences are committed and detected. The remaining period should be spent with the District Forest Officer to get acquainted with the administration of the Forest Act, part of the time being spent in the District Forest Office and the remainder on tour with the District Forest Officers to the different parts of the division.

(3) Jail Administration (2 weeks).-One week should be spent with the Superintendent of a Central Jail studying the conditions under which, prisoners are kept in the Central Jail as well as Sub Jail and one week with the District Probation Officer.

(4) Training with A.P.Ps. Grade I (4 weeks} This period should be spent with the Assistant Public Prosecutor Grade I, in conducting Cases.

Note.-Such of the candidates as have served as an Assistant Public Prosecutor need not be required to undergo this item of training.

(5) Training in the Judicial Department (12 weeks).-(a) during the entire period of 24 weeks training, the candidate will be posted as a Magistrate of the District in which he is undergoing training. He will hold his sittings at the headquarters of the District and the District Magistrate will allot magisterial work to him to be attended to simultaneously with, but without detriment to, his training in other departments as set out in paragraphs (.1) to (4) above. As soon as a candidate is deputed for training he will be invested with the powers of a Third Class Magistrate and 12 weeks thereafter on the recommendation of the District Magistrate, the candidate may be invested with the powers of a Second Class Magistrate.

(b) During the training in the Judicial Department. the candidate will learn about the administrative and Judicial work of the department·

(6) There will be a course of lectures on Science and Criminal Investigation (including medical jurisprudence) at the P. T. College, Trivandrum for a period of 2 weeks with a test at the end of it. The lectures will be given by the Scientific Aid Instructor of the P. T. College and Assistant Professor of Forensic Medicine of the Medical College, Trivandrum who will be deputed for the purpose on a part-time basis.

Government of Kerala

Abstract

Kerala Subordinate Magisterial Service Rules-Scheme of training for Sub Magistrates-Amendments to G.O. (MS) 154/65/Home, dated 29th April 1965-Issued.

HOME (C) DEPARTMENT

G.O. (MS) No. 434/65/Home Dated 9th November 1965·

Read:-l. G.O. (MS) 154/65/Home, dated 29th April 1965. 2. Letter from the Registrar of the High Court, Ernakulam No. B3-1748/60/B2, dated 11th August 1965.

The following amendments are issued to G.O. (MS) 154/ 65/Home, dated 29th April 1965.

(1) the second sentence of the G.O. read above shall stand amended to read as follows ;-

"The Government in consultation with the High Court, prescribe the following scheme of training for such persons before they are appointed as Sub Magistrates. "

(2') In clause (iii) of para 1 of the said G.O· the following sentence shall be added;-

"They will also be entitled to T.A. according to the rules in Part II, Kerala Service Rules."

(3) The figures and word "24 weeks" appearing in the first sentence of Sub Paragraph 5 (a) of Paragraph 2 of the Annexure to the G.O. shall be omitted.

(By order of the Governor)

S· NAGHANATHAN,

Joint Secretary.

                             D1-11208/67, dated 28th June1968.

Sub:-Admission of part of a document in evidence Practice followed-Instructions issued 

There seems to be a practice in some of the subordinate courts of part of a document being exhibited in evidence. The High Court hereby directs that the said practice shall be discontinued forthwith except in Cases where it is authorised by some provision of law.

                             No. D1-32844/69, dated 23rd October 1969

Sub :-Motor Vehicles Act, 1939-Section 17-Duty to apply in fit cases-Directions issued.

Ref :-High Court Circular 25/66, dated 17th November 1966.

Instances are still noticed where the subordinate criminal courts fail to consider the question of ordering disqualification in accordance with the provisions of section 17 of the Motor Vehicles Act, when convicting a person of an offence of the kind mentioned in the section. The attention of the subordinate courts is drawn to the High Court Circular referred to above and they are directed to strictly comply with it.

                             B2-8546/70, dated 27^th May 1970

Certificates issued by judicial officers-Irregularity- Directions issued.

An instance has come to the notice of the High Court where it is alleged that a judicial officer has issued a certificate to a person who had assumed a false name and whom he could not have known personally and yet falsely certified that he knew him for over two years. On the strength of the certificate a passport was issued. The High Court will take serious notice of officers who issue such certificates.

                                      D1-7158/70, dated 5th August 1971

Sub :-Civil Rules of Practice, Kerala-Bringing into force -Advance information-Furnishing of.

Ref :-Civil Rules of Practice, Kerala published in Part III of the Kerala Gazette No. 28, dated 20th July ] 971.

The attention of the subordinate courts is invited to the Civil Rules of Practice, Kerala published in Part III of the Kerala Gazette No. 28, dated 20th July 1971.

The subordinate courts are informed that the High Court is bringing the Rules into force on 1st October 1971 and that the notification in this regard has been sent for publication in the Kerala Gazette.

These facts may also be brought to the notice of the local Bar Association.

                   Dl-7986/72 Dated 7th August 1972.

Sub.-Vacation of Civil Courts-Allocation of duties-Instructions issued.

For the purpose of uniformity in the matter of allocation of duties among the officers of courts during the period of vacation and Onam and X'mas holidays, the following instructions are also issued for the guidance of the presiding officers:-

(1) During the mid-summer vacation and the Onam and Christmas holidays, no plaint or petition, except applications for grant of copies and for service and execution of processes shall be received by the Civil Courts.

(2) The offices of the copyists and process servers and execution departments shall accordingly be kept open throughout the vacation and the holidays mentioned above, provided that no arrest warrant shall be executed during the period.

(3) The offices of the other departments shall remain closed.

Arrangements shall, however, be made:

(i) for furnishing the copyists and process departments with necessary records and original orders,

(ii) for transmitting to the High Court records in appeals, etc. and

(iii) for all administrative correspondence.

(4) The occurrence of the vacation or holiday!! will not be accepted as an explanation for the non-submission of statistical or other information called for by the High Court or by any competent authority.

(5) The officer in charge of the office shall, during the vacation or holidays, perform, when necessary, the duties of the Chief Ministerial Officer, the Central or Deputy Nazir, a' the case may be.

(6) Matters requiring the order or supervision of the presiding officer shall not be dealt with during the vacation or holidays.

(7) These instructions shall however be subject to such other special directions as the Presiding Officer of the court may deem fit to issue under section 20 of the Kerala Civil Courts Act, 1957.

                             D1-1687l/73, Dated, 22nd August 1973.

Sub:-Serving of summons to Medical Officers working in Government Medical Colleges of the State-Instructions issued.

The High Court hereby issues the following directions with regard to the issue of summons to be served on Medical Officers working in the Government Medical Colleges of the State till the rules relating to the same prescribed under the Criminal Rules of Practices, T.C. and Madras are amended:-

(a) The summons in respect of post-mortem cases will be served through the Professor of Forensic Medicine attached to the Medical College concerned.

(b) All other summons relating to Police cases will be served through the Superintendent of the concerned Medical College Hospital.

                             Dl.16600/74, Dated, 12th July 1974

Sub.-Legal Guardianship of Indian Children by foreigners-The Guardian and Wards Act-Instructions issued.

Ref.-Government of India letter No. 26-1-74 COD dated 29th April 1974, Ministry of Education and Social Welfare Department of Social Welfare).

The Government of India in the letter referred to above have stated that the Department of Social Welfare, Government of India with the assistance of the Indian diplomatic missions abroad, proposes to maintain a watch over the care and rehabilitation or the Indian Children who are taken out of the country by foreign guardians under the provisions of the Guardian and Wards Act, 1890. For this purpose the Government of India have requested that, in future, whenever foreign nationals are declared guardians of Indian children with permission to remove such children out of India under the provisions of the said Act, copies of such orders may be furnished to the Ministry of Education and Social Welfare (Department of Social Welfare).

The District Judges are therefore, instructed that in future copies of orders declaring foreign nationals as guardians of Indian children with permission to take them out of the country be furnished to the Department of Social Welfare, Ministry of Education and Social Welfare, Government of India, New Delhi-I.

                   17/75/Cr1., Dated, 28th July 1975.

Sub.-Criminal cases-Submission of records to the High Court for purposes of Referred Trials and Criminal Appeals where a sentence of death or imprisonment for life has been awarded or when the accused has been acquitted of a charge under section 302 IPC.-Instructions issued.

Ref-I. High Court Circular No. 22/69, dated 18th November 1969.

2. High Court O.M. 1971.

3. Letter No. Shr./l418/75 dated, 19th March 1975 from the District Judge, Kottayam.

In the circular and O.M. cited it has been directed that copies of F.I.R., Committal Order, charge against the accused, statement of the accused under section 313, depositions of witnesses and exhibits when forwarded to the High Court for the above mentioned purposes shall be written on one side of the paper only, leaving sufficient margin.

In the letter cited 3rd above the District Judge, Kottayam has reported that a lion's share of the foolscap paper supplied to that court is being consumed for the preparation of copies of documents for the above purposes and that even if both sides of the white paper are used for preparing copies, it is readable.

In view of the position reported by the District Judge, Kottayam and the current shortage of paper and the need for economy, it is directed that copies of the documents may be prepared for the above purposes by writing on both sides of the paper provided it is ensured that the copies are not rendered unreadable by so writing on both sides of the paper.

                    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.

           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.

D1-31366/78, 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.

          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.

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.

          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.

E4-2969/57 date 23^rd August 1957

Sub:-Tour of District Magistrates (Judicial)-Minimising of.

On a review of the tour programmes of the District Magistrates (Judicial) the High Court is satisfied that tours undertaken by District Magistrates could be minimised without affecting public interests or convenience seriously. Accordingly the following directions are issued to be borne in mind by the District Magistrates in the matter of their tours:-

(i) It is not necessary for the District Magistrates to go about and hear cases unless expressly permitted. They should hear cases arising at the headquarters and very important or sensational cases in the District, as also appeals, from their headquarters.

(ii) It is enough if they inspect a Subordinate Court once in six months, unless it be their immediate need to inspect a court within that time, when they should report to the High Court for ratification of their action showing the reasons for undertaking the tours.

D-757/58, dated 23rd M.

Budget-Control of expenditure-Monthly statement of expenditure-Reconciliation-Submission of.

In spite of repeated and specific instructions given by the High Court the control of expenditure statements are not received in time in the High Court. It is also observed that omissions, wrong classifications etc., give rise to discrepancies between the departmental figures and treasury figures. Much difficulty was experienced in reconciling the figures under '27 Administration of Justice' for the year ending 31st March, 1958. The High Court therefore directs that such irregularities and defects should be avoided and some of the important instructions contained already given are reproduced below for ready reference and guidance:

District Judges, District Magistrates and Registrar of Village Courts should pay special attention to the preparation of the expenditure statements in accordance with the instructions contained in the Budget Manual and the instructions issued by the High Court. They should impress upon the disbursing officers under them the  necessity to pay personal attention to the matter and submit statements correctly and in time after reconciling their figures with the treasury figures.

District Judges, District Magistrates and Registrar of Village  Courts should submit the consolidated statement for a month on or  before the 15th of the succeeding month without any delay. That disbursing officers have not sent their statements in time, will not be a ground for any delay by sub controlling officers. Steps must be taken by the latter to expedite the return. If there is delay in forwarding the expenditure statements, the explanation of the sub controlling officer in a separate sheet should accompany the statement.

Experienced clerks should be deputed to go to the treasury to reconcile the figures and the variations if any noted by them or the fact of reconciliation should accompany the consolidated statement.

Treasury officers have been instructed to afford all facilities to the clerks who go for reconciliation work and if any difficulty is experienced in this behalf the matter must be brought at once to the notice of the High Court.

The consolidated statement forwarded by the sub controlling officers in Form D should also show the grand total and a copy of the statement from each court should also be enclosed for purposes 83 of verification.

The name of the district both judicial and treasury must be shown clearly in the statement.

The accounts for each month should be closed in accordance with the date of closure of the Sub Treasury or District Treasury accounts.

Presiding officers of courts will be held responsible for the due observance of the instructions issued in this behalf.

Circular 16/1958                               

B2-5029/58 dated 28^th  May 1958

[omitted]

No. Bl.1604/59, dated 26th May 1959

Sub.-Kerala Legal Aid (to the Poor) Rules-Benefits contemplated by the scheme availing of by poor litigants - regarding.

The Kerala Legal Aid (to the Poor) Rules have been issued by Government with a view to making available to the poor the services of proper counsel at Government co lit so that the poor may not be handicapped in the conduct of their cases in courts. It is brought to the notice of the High Court that though the scheme has been In vogue for some time past the benefits of the scheme are not fully availed of by the poor litigants, probably due to 19norance about its existence. The High Court considers that if such poor people are apprised of the scheme they may avail themselves of the benefits envisaged by it.

The Presiding Officers of the subordinate courts are therefore informed that they may bring to the notice of the indigent litigant appearing before them without counsel the existence of the L gal Aid Scheme so that the poor litigants may take advantages of it.

                                       B1- 4231/60, dated 28^th July 1960

Sub:- Juvenile offenders-Application of the provisions of the Probation of Offenders Act, etc.-Instructions.

An instance of a sentence of imprisonment awarded to a boy of 16 in violation of section 6 of the Probation of Offenders Act, 1958 (Central Act 20 of 1958) has come to the notice of the High Court and the High Court has reason to think that the enactment of this statute has passed unnoticed by many of the subordinate courts. The attention of all Sessions Judges and Magistrate! is drawn to the provisions of the Act, in, particular to sections 3, 4 and 6 and they should have regard to these provisions when passing sentence in any case. Probation officers have been appointed by Government for all districts and the fullest use must be made of the probation system.

2. In this connection attention is drawn to rule 64A of the Criminal Rules of Practice, Madras, and the corresponding rule, rule 122 of the Criminal Rules of Practice, Travancore-Cochin, as also to instruction No. 17 of the Manual of Instructions for the guidance of Magistrates. These rules and instructions should be strictly followed and in all cases where the accused is not clearly over the age of 2 I, the judgment should give a finding, based on evidence on record, as to • the ago of the accused although of course, except in cases of dispute then need be no discussion on the point.

                             C3-8204/58, dated 10th July l961

Sub:-T. A. bills of Honorary Railway Magistrate forwarding of-Regarding.

Ref:-High Court Circular No. C3-8204/58, dated 25th March 1961 (5/61).

1. According to the new procedure set forth in the High Court's Circular first cited the Honorary Railway Magistrates were required to submit their T. A. bills to the District Magistrates for countersignature. The same was the practice in vogue in the Madras State also.

2. On a requisition "made by the Railway administration the High Court of Madras has also issued another circular to the effect that the T. A. Bills of the Honorary Railway Magistrates will be routed through the Railway administration to enable the Railway authorities to scrutinise the bill.

3. The General Manager, Southern Railway has now desired the High Court to issue a circular adopting the procedure now followed in Madras, i.e. to direct the Honorary Railway Magistrates to submit their T. A. Bills for countersignature of the concerned District Magistrates through the Railway administration.

4. The High Court has considered the matter and directs that the T. A. Bills of the Honorary Railway Magistrates should be submitted for countersignature to the concerned District Magistrates through the Railway administration.

C2-1109/60, dated 16^th March 1962

Sub:-Allotment of work among members of staff Munsiff-Magistrate's Courts.

According to the practice now in vogue the establishments of Munsiff-Magistrate's Courts are functioning as two watertight compartments - the members of the civil side attending to duties entirely of the civil side and members of the criminal side attending to duties entirely of the criminal side. Though this division may be convenient for purposes of budgeting, it may not be conducive to the convenient functioning of these combined institutions. In fact there is only one composite office and each member of the staff (whether shown on the civil side or criminal side) must do whatever work is allotted to him by the head of office. Though there will be an upper division clerk functioning on the criminal side with the designation Head Clerk, the Head Clerk who is in the supervisory grade (now functioning on the civil side) will be responsible for the proper functioning of the entire court, and he cannot shirk his responsibility for any irregularity on the criminal side. The District Judges and District Magistrates will arrange to bring this circular to the notice of all officers concerned.

                             B3-8933/62, Dated 6^th April 1963

Sub:-Probation-Satisfactory completion of probation of Judicial Magistrates-Procedure clarified.

Ref:-Rule 14 of the Kerala Subordinate Magisterial Service Rules, 1962.

1. A reference has been made to the High Court whether in respect of Additional First Class Magistrates who have, as per the rule cited first, completed the period of service of one year on duty, in the first year itself of their service in the post, the satisfactory completion of probation can be declared before termination of a continuous period of two years on duty from the date of commencement of probation in the post. The following clarification of the rule is issued by the High Court for the guidance of the courts and officers concerned.

2. If a person completes one year of duty as Additional -First Class Magistrate within an uninterrupted period of one year from the date of commencement of probation in the post, he does so within a continuous period of two years. The completion of probation in his case can therefore be declared as soon as the one year period of duty without break is over, if the other conditions regarding probation as laid down by the rules, are satisfied. Similarly, in the case of a Sub Magistrate, his probation can be declared to have been satisfactorily completed, as per the rules, after he has been continuously on duty in the post for a period of two years from the date of commencement of probation. It will not be necessary in those cases to wait for the expiry of two years or three years, as the case may be, for taking steps for the declaration of satisfactory completion of probation.

3. It should be noted that in cases wherein probation is undergone for the total period prescribed, but that period ~s not continuous and is subject to interruptions, the broken periods of probation which are spread within a continuous period of two years in the case of an Additional First Class Magistrate, and within a continuous period of three years in the case of a Sub Magistrate, are the periods which should be taken into account for purpose of reckoning the date of satisfactory completion of probation as per the rules, in each case,

                             B1-11355/62, dated 21^st November 1964

Sub:-Register books of the Registration Department Production before courts-Forwarding to Finger Print Bureau-Instructions regarding.

An instance has been brought to the notice of the High Court, where a thumb impression register, which had been produced in court by the Registration Department, was forwarded to the Finger Print Bureau and on its return it was found that a seal was affixed in the register by the Bureau in violation of the provisions of the Registration Act.

In order to avoid such mistakes in future, it is hereby directed that when forwarding such documents to the Finger Print Bureau, it should be specifically stated in the covering letter that no markings should be made or seals affixed in the document!'; forwarded.

                             B1-32779/65, dated 1^st November 1965

Sub:-Public services-Applications to various posts--

Willingness expressed-Adhering of-Instructions issued.

An instance has occurred where a Judicial Officer expressed his willingness to be considered for appointment to a post advertised by the Government of India and later intimated his inability to accept the post when it was actually offered to him. Such vacillation besides giving embarrassment to the recommending authority, causes much inconvenience to the appointing authority, and has therefore to be viewed with disfavour. The High Court wishes to impress upon all Judicial Officers the undesirability of going back on their willingness once expressed, except on very good grounds. As a rule willingness once expressed should be adhered to and withdrawal except for good causes will be regarded as irresponsible conduct amounting to misconduct.

                             D1-14039/66, dated 12^th august 1966

Sub:-Panchayat employees other than the executive 'officers-Witness batta, T.A, etc. for court duty -Regarding-Instructions issued.

Re£:-Letter No. 12745/C2/66/Home, dated 11th May 1966.

Government in their letter cited suggested that as the panchayat employees other than executive officers are not regular Government servants, for purposes of witness batta, T.A., etc., they have to be considered on a par with the non official witnesses <:IS provided for in the Criminal Rules of Practice and that the allowances may be paid by the courts.

After considering the above matter the High Court hereby directs the courts to treat Panchayat employees other than executive officers as non-official witnesses for purposes of witness batta, T·A., etc., as provided in the Criminal Rules of Practice.

                             D1-10429/66, dated 26th September 1967.

Sub.-Order XXXIX, rule 2, sub-rule (3) of the C.P.C.Cost of detention-Who is to bear-Instructions issued.

A question has been raised as to who should meet the expenses in connection with the detention of a person who is found guilty of disobedience of an order passed under sub-rule (1) of rule 1 of Order XXXIX of the Code of Civil Procedure· It would appear that the expenses of detention are to be borne by the party at whose instance the proceedings are initiated, and, in any case, there is no provision for payment from Government funds. However, if the question is raised before the Subordinate Courts for judicial decision it should be decided without reference to this circular.

                             D1-11208/67, dated 28th june1968.

Sub:-Refunds of court fee-Recording of-Procedure followed- Instructions issued.

Ref:-Letter No. T.M. VI/5-III/60-61/549, dated 1st March 1961 of the Accountant General communicated in High Court's O.M. No. D5-75/62, dated 19th March 1962.

In spite of the instructions already issued by the High Court on the subject, it appears that the subordinate courts are not generally following the same. The subordinate courts are hereby directed to follow the following procedure in addition to the procedure suggested in the letter of the Accountant-General cited (copy of relevant portion enclosed).

 The order for refund of court fee should be recorded in red ink, under the initials of the presiding officer, in the plaint or appeal memo, Detailed Register of Court Fees and Documents against the particular entry therein, and in the concerned suit register.

Enclosure: -

So far as refund of court fees, etc .. is concerned the following suggestions are made with a view to prevent and facilitate easy detection of defalcations of Government money by preferring false claims:

(i) Every court which authorises refunds of court fees, etc., should prepare intimation slips in triplicate containing full particulars of the refunds. One copy should be sent to the treasury officer concerned direct, the second to be attached to the refund bill and the third to be retained in the court as office copy. The treasury officer should not make payments until he has received the intimation slip direct from the court.

(ii) A list of refund bills drawn during a month in respect" of each court containing details of suit number, name of payee, etc., should be prepared by the treasury before the 5th of the succeeding month and sent to the court concerned. The court should on receipt of the List, check the same with the entries in the register of refund duly authorised. The fact of check should also be certified in the list by the presiding officer of the court and the list filed separately.

(iii) The Examiner of Local Funds may be asked to verify during the course of audit the correctness of the refund claims with reference to the case files and judgments and also reconcile the payments with the lists of refunds received from the treasury. "

                             D1-31005/69, dated 27^th October 1969

Sub:-Tabular form to be annexed to the Judgment Rule 73 as amended and rule 127 of the Madras and T.C. Criminal Rules of Practice respectively-Compliance of-Instructions issued.

Rule 73 of the Madras Criminal Rules of Practice as amended and rule 127 of the T.C. Criminal Rules of Practice lay down that the judgment in original decisions shall be in the form prescribed by the Code of Criminal Procedure, section 367, with a foot note or side-note in tabular form, giving in addition the particulars mentioned in the tabular form.

It is noticed that some of the subordinate criminal courts do not attach the particulars in tabular form to the judgment and that they attach the same only to the calendars. This is not correct. All Subordinate Criminal Courts are directed to follow strictly the instructions contained in the rules referred to above.

                                      E5-8116/70, dated 3^rd  June 1970

Maintenance of registers in the principal and additional benches of civil courts-Circular No. 1/68tion of.

It was directed in Circular No. 1/68 that a common register should be maintained for the different, Benches of the same court for registering LAs., E.Ps, E.As, and for the issue of commissions, appointment of receivers, etc.

Difficulties in maintaining separate registers for petitions, etc., have been pointed out by some courts, particularly in places where the Benches of the court are situated at some distance.

It is made clear that the idea in issuing the circular was that there should not be any duplication of numbers and that the petitions, etc., should be numbered in one continuous series. The chief ministerial officer can number the petitions, etc., in one continuous series in a book kept for the purpose and transmit the same to the concerned Benches. If this is done, there is no objection to the different benches of the court maintaining separate registers for such petitions, etc. The instructions in Circular No. 1/68 will stand modified accordingly.

                                      D1-24992/71, dated 17th June1971

Sub :-Munsiff-Magistrates-Description of-When functioning as Magistrates-Instructions issued·

It is found that there is no uniformity in the practice followed by the Munsiff-Magistrates in describing themselves in 'the cause titles of judgments and orders in criminal matters. It is clarified that in such matters they should describe themselves as First Class Magistrates. The cause title in judgments and orders should be as follows:

In the Court of the First Class Magistrate at .

Present: Sri/Smt ……………………………………….

First Class Magistrate.

          DI-21917/72, Dated 29th August 1972.

Sub.-Copies of Judgments to the Director of State Forensic Science Laboratory-Instructions issued.

Ref-High Court Notification No. B1-6157/60/Dl, dated 30th May 1964.

The Professor of Forensic Medicine has brought to the notice of the Government that there is no way of knowing how the service, of the Medical Officers of Forensic Medicine Departments who undertake post-mortems and other items of medico-legal work were utilized by the courts. He has also requested the Government to arrange for the supply of copies of judgments of such cases to the department of Forensic Medicine.

In this connection, the attention of the Subordinate Courts is invited to the provisions contained in rule 160 A of the Criminal Rules of Practice (T.C.) and rule 332 of the Criminal Rules of Practice and Circular Orders, Madras, as amended by the notification cited and they are hereby directed to comply with the provisions therein strictly.

                   D1-45332/72, Dated, 25th August 1973

Sub:-Retaining extra carbon copy of fair judgments, orders etc. in all Civil and Criminal Proceedings-Instructions issued.

                     A question was raised by the Additional District and Sessions Judge, Ernakulam whether it is necessary to keep an extra carbon copy of judgments, orders and other proceedings in all Civil and Criminal Cases as such a practice is in vogue in his court even though it is not warranted by any rule, circular or direction. On this the remarks of the various District Judges were called for in the matter. On a consideration of the views expressed by the various District Judges the High Court hereby directs that an extra carbon copy of judgments, orders etc. in all Civil and Criminal Cases be retained along with fair judgments.

                             D2-1 9223/74, Dated, 5th August 1974.

Sub.-Delay in supply of seals-Avoiding of such a contingency Resorting of Local Purchase-Instructions issued.

It has come to the notice of the High Court that an accused, who escaped from police custody, when arrested subsequently and brought before court, pleaded that the arrest warrant on the basis of which he was under police custody was not valid since the warrant was not sealed as required under section 70 of the Code of Criminal Procedure and form No.2 prescribed under the Code. The plea of the concerned court which failed to seal the warrant with the seal of the court was that the seal of the Court had not been supplied by the Stationery Department to the Court even after repeated requests.

Since sealing of the warrants, etc., issued by the Court is a statutory direction, the High Court, hereby directs that whenever delay in supply of seals is anticipated, steps should be taken by the courts concerned to get temporary seals made locally and the fact reported to the High Court for necessary approval.

It is also directed that in future, all papers, orders, etc., which have to be sealed should be sealed by the seal of court. Any lapse or omission in this respect will be viewed very seriously.

                             D1-24268/7S, Dated, 28th July 1975

Sub.-Granting of bail to accused in cases of prosecutions for contraventions of the provisions of the F.I.R.-- Instructions issued.

Ref.-l. G.O. Rt. 763/74/Home, dated 13th May 1974 published as Gazette Extraordinary dated 13th May 1974 (copy appended).

2. This office O.M. D1-17252/74 dated 21st May 1974.

3. Government of India Notification, dated 9th July 1975 (copy appended).

The attention of all Criminal Judicial Officers is invited to Rule 184 of the Defence of India Rules, 1971 and the notifications (cited 1 and 3) issued under rule 184 (b) of the Defence of India Rules. They are to be borne in mind when considering application for bail in such cases.

APPENDIX

Copies of Notifications dated, 13th May 1974 and 9th July 1975.

GOVERNMENT OF KERALA

Home (88) Department

NOTIFICATION

G.O.Rt. 763174/Home, dated Trivandrum, 13th May 1974. Under rule 184 (0) of the Defence of India Rules, 1971, the Government of Kerala hereby specify rules 37,43, 118 and 119 of the Defence of India Rules, 1971, and the orders made thereunder and also rule 169 of the said rules read with any of the said rules 37, 43, 118 and 119 and any orders made thereunder, as the rules and orders  for the contravention of which a person if accused or convicted, and if in custody, shall not be released on bail or on his own bond, where the prosecution opposes the application for bail unless the court is satisfied that there are reasonable grounds for believing that such person is not guilty of such contravention.

(By order of the Governor)

S.NARAYANASWAMY,

 Special Secretary to Government.

Government of India Notification dated 9^th ]uly 1975

S.O.. No. 341 (E). In pursuance of clause (B) of rule 184 of the Defence and Internal Security of India Rules 1971, the Central Government hereby specifies rule 33 of the said rules for the purposes of the said clause.

                             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.

                    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-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.

           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.

          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.

          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

G1-4471/57 Dated 26^th August 1957

Sub:-Appointment of commissioners and guardians-Instructions-regarding.

The lower courts are hereby informed that it has been decided by the High Court that commission orders except in every exceptional circumstances should be issued by lower courts only to lawyers. In the case of appointment as guardians, as far as possible lawyers should be preferred.

No. B1-11641/59, dated 27^th May 1959

Sub.-Offences under the Motor Vehicles Act-Inadequate fines-Instructions-Regarding.

Ref.-High Court Circular Nos. Gl-2053{57, dated 18th June 1957 (Circular 7{57) and R Dis, 261{57, dated 15th November 195 7 (Circular 35{5 7).

It has been brought to the notice of the High Court that in spite of the instructions contained in the circulars mentioned above, some of the Subordinate Magistrates do not realise the importance for imposition of a proper sentence by a judicious exercise of their discretion. There has been an instance where a Magistrate has imposed a nominal fine of one Naya paisa in a traffic offence case. Though the determination of a proper sentence to be imposed is a judicial act, based on the judicious exercise of the discretion of the Magistrate, which the High Court is averse to control or fetter by administrative directions, the High Court would impress upon the Subordinate Magistrates that there should be a sense of responsibility and propriety in fixing the amount of fine, that it should bear reasonable proportion to the maximum fixed by the Statute, and that it would be ridiculous and even scandalous to award nominal fines which would tend to make the prosecution a farce and lower the dignity of the court.

The Subordinate Magistrates are informed that fines should be so imposed that they will not tend to bring into ridicule the tribunal imposing the fine, or create the impression in the minds of the public that courts are not alive to their responsibilities in awarding suitable punishment in appropriate cases.

                                      B1-9154/59, dated 3^rd August 1960

Sub:-Public Prosecutors-Copies of judgments and orders and of lower court records in P.E. cases, Crl. Appeals and Revisions-Supply of-Instructions.

Ref:-High Court Circular BI-41j59, dated 25th March 1959 (10{59).

It has been represented to the High Court that the practice of the Public Prosecutors applying for certified copies of records in the ordinary way, furnishing necessary copy stamp papers, is causing a lot of difficulties and it puts serious handicaps in the course of the prosecution. In Malabar area copies of the necessary papers for the use of the Public Prosecutors and the defense counsel engaged at State cost are being supplied by courts free of cost. Having considered the matter, the High Court has decided to extend the practice followed in Malabar area in the matter to Travancore-Cochin area also. In super session of the instructions issued in the High Court Circular mentioned above. the following instructions are issued to the subordinate criminal Courts in the Travancore-Cochin area for strict compliance:-

 1. The Subordinate Magistrates should forward, with the records in preliminary enquiry cases, copies 0fthe necessary papers on plain paper for the use of the Public Prosecution and an extra copy, if defence counsel is to be engaged at State coot. The copies for the use of the defence counsel may be prepared by carbon copy process when copies

are being prepared for the Public Prosecutor. .

2· In Sessions cases copies of the documents which are required by the Public Prosecutor, while the trial or appeal is pending, should be supplied. to him' free of cost. The copies should be prepared by the clerk of the Court of Session in charge of the records or by some one working in his presence 2nd under his immediate supervision. No charge therefore should be made by the regular establishment of the court.· In cases where lengthy documents have in be copied, the work may be transferred to the copyists department and the cost of the copy stamp papers used for the same should be debited to the contingent charges of the Court granting the copies.

It should be borne in mind that a Public Prosecutor need not require copies of every single deposition and other records of the convicting court before he goes into court to support conviction. Ordinarily it should be sufficient, if he is allowed to inspect the record and to make notes of important points and to get copies taken by 'his clerk of any portion of which a verbatim copy may be thought necessary for the purpose of opposing appeals;

3. In Sessions cases the Sessions Judges will also supply the Public Prosecutor with a printed copy of the judgment. But in cases 'in which an appeal has been filed, copy of the judgment need be supplied to the Public Prosecutor only after the return of the records by the High Court after the disposal of the appeal.

4. Copies of relevant records in criminal proceedings should be supplied to the Prosecutor of the district concerned on his application either on copy stamp paper (where lengthy documents have to be copied or on plain paper at the discretion of the Judge or Magistrate.

The revised procedure prescribed for supplying copies of records to Public Prosecutors may entail increase in staff. Necessary proposal 'in the matter may be forwarded by the court concerned to the High Court if and when necessary.

 Bl-3580/61, dated 18th July 1961

Sub:- Confidential Report of Additional District and Sessions Judges-Authority for preparation regarding- Instructions issued.

Ref: - (1) G.O. (P) No. 82/Public (Rules) Department, dated 29th January 1960.

(2) Letter No. 23496/MI/60/Public (Misc.) Department, dated 29th December 1960.

1. Additional District and Sessions Judges are now in the same cadre as District and Sessions Judge. The High Court therefore considers that it is not proper to ask District and Sessions Judges to report on Additional District and Sessions Judges who, in fact, are District and Sessions Judges and are no longer to be equated with Sub Judges. Hence item 36 of the Appendix in the G.O. cited first, as it stands, will cover Additional District and Sessions Judges also and item 40 thereof will be confined to Sub Judges. Government in their letter cited second have accepted this position and have said that the necessary amendments will be made when the consolidated amendment notification is published by Government.

2. In the meanwhile the District and Sessions Judges in the State are informed that they need not hereafter prepare the confidential reports of Additional District and Sessions Judges. Instead, the Additional District and Sessions Judges themselves will fill up columns- 1, 3, 4 and the statement on the second page, in the form prescribed for confidential reports, and forward the same to the High Court through the District and Sessions Judges concerned.

                                      B2-8175/61 dated 30^th March 1962

Sub:-Cases in which members of the court staff are party or are otherwise interested-Transfer of such cases to other courts-Orders regarding Clarification issued.

The attention of the officers mentioned below is invited to the High Court Circular of even number dated 31st October 1961 (26/61) on the subject mentioned above. The High Court directs that, while the presiding officers should report such cases for transfer, they should attend to any urgent application in the suit until the transfer is actually ordered.

                   B1-1252/60, dated27th May 1963

Sub:-Confidential reports of gazetted officers-Judicial Department-Preparation and maintenance of.

Ref:-High Court Circular of even number, dated 5th February (3/62),

The officers mentioned below are requested to note that in the column for disposals in the table on the reverse of the form prescribed by the above circular, figures of contested disposals should be furnished in brackets wherever possible; further, that only actual disposals should be shown, a note being appended showing the number of cases transferred so as to reconcile the figures.

                             No. D6-26170/64, dated 2nd December 1964

Sub:-National savings scheme-Popularisation or participation by Government officers-Instructions issued.

Copies of G.O. (P) 389/64, dated 12th June 1964 are here with forwarded to the officers mentioned below and they are informed that while themselves and their subordinate officers should encourage the staff to subscribe and should themselves subscribe to the several savings schemes to the extent possible. They are not expected to take any part whatsoever in any outside propaganda. They should furnish such information as the District Collector may request them to supply, but any attempt by the District Collector to dictate to them should be reported to the High Court.

D1-30120/65, dated 6^th November 1965

Sub:-Summons to medical witnesses issued from the courts-Intimation of the name of the patient and the number 'of the wound or post-mortem certificate-Instructions issued.

The attention of all the Sessions Courts and Magistrate Courts is invited to the instructions contained in item No. (vi) in Instruction No, 6 in the Manual of Instructions for the guidance of Magistrates, under which the name and the village of the injured person and date on which that person appeared at the hospital or dispensary should be intimated to the medical officer when issuing summons to him. The above courts are further directed to mention the number of the wound or post-mortem certificate also whenever the number is available.

                             D1-25161/66 dated 17^th August 1966

Sub:-Index sheets-Preparation of-Directions issued.

 Instances have come to notice where the lower court records are sent up to this court with index sheets prepared in an improper and slovenly manner. In some cases index sheets are so worn out that it is almost impossible to read the entries. The documents marked as exhibits and the identity of witnesses whose depositions are entered, are not 3een entered in the remarks column. These defects defeat the very purpose of the index. It is necessary that all entries in the index sheets are properly and legibly written without using abbreviations. Worn out sheets should be replaced before sending up the records. A perusal of the index sheet should enable easy reference to the required papers.

The attention of the lower courts is drawn to the defects noticed. They will see that, index sheets are prepared properly. Failure to comply with these directions will be viewed seriously.

                             D1-22118/67, dated 3^rd November, 1967

Sub:-Execution by arrest and detention of the judgment debtor-Complaints of escape made by amins and process servers-Procedure to be followed-further instructions issued.

Ref:-(l) High Court Circular No. 22/66, dated 29th October 1966.

(2) High Court Circular No. 12/67, dated 26th July 1967.

It was directed in the High Court Circular cited first that the presiding officer of the court should hold a preliminary enquiry when amins and process servers report about escape of arrested persons from lawful custody. The scope of the preliminary enquiry is only to see if there is a prima facie case and for that purpose an elaborate enquiry citing witnesses, etc·, is not necessary. What is expected is that the officer reporting the commission of the offence should be thoroughly questioned with reference to the relevant records such as the warrant, the endorsement thereon, his diary, etc., with a view to ascertain whether his report is true. Any witness readily available may also be examined but on no account should witnesses be summoned. The matter should be disposed of with the utmost expedition.

                             D1-11208/67 dated 28^th  June 1968

Sub:-Preliminary decrees-Passing of-Directions issued.

There seems to be a tendency among subordinate courts to pass preliminary decrees in partition, mortgage and redemption suits, relegating material controversies in the suits to be considered in the final decree proceedings. This practice is deprecated by the High Court and the subordinate officers are informed that this practice should not be resorted to. District Judges are requested to look into this during inspection and also when hearing appeals.

2. The subordinate courts are instructed that all matters in controversy between the parties have to be settled by the preliminary decree. With regard to mortgage and redemption suits, the procedure prescribed by O. 34, Civil Procedure Code will be scrupulously followed. Attention is also drawn to the decision reported in 1 P68 K.L.T. 248. In partition suits only the actual division of properties and incidental matters like quantum of profits and value of improvements should be relegated for the final decree proceedings.

                             C3-40630/68, dated 28^th October 1969

Transfer of amins and other members of the staff on completion of three years at a station-Instruction issued.

It is, generally speaking, not desirable to keep amins in the same station very long. This applies also to other members of the staff including those of the process establishment) working in posts where abuses are possible, e.g., bench clerks, execution clerks, etc.

It is therefore directed that at every inspection, the District Judge should bestow attention on the work and conduct of such members, especially those who have been in the same seat for more than three years, and consider the desirability of a transfer or a change of seat in the interests of the administration and pass the necessary orders. Such action should be taken also with regard to the staff of the District Court. Like action with regard to the staff of the criminal courts in the district will be taken by the District Magistrate.

                             D1-20194/69, dated 5^th   June 1970

Sub:-Execution petitions-Amendment of-Manner of carrying out-Instructions issued.

It is found that when an execution petition is amended some of the subordinate courts receive an amended execution petition incorporating the amendments and thereafter note all further proceedings on the amended petition. This is not correct. The attention of all the subordinate courts is drawn to the instructions contained in High Court Circular No. 6/66 (Dl-41463/65, dated 30th March 1966) with regard to the amendment of pleadings. They shall be applied to the amendment of execution petitions also except that the Judge will have to sign or initial the amendment as required by Order XXI. rule 17(3) C.P.C.

                                      D1-42234/71, dated 26^th  August1971

Sub:--Criminal Rules of Practice T.C. and Madras relating to the printing rules-Rules 340 and in respectively -Ceiling rates-Orders issued.

Ref:-High Court Notifications of even number, dated 1st June 1971 published in Part III of the Kerala Gazette No. 25, dated 29th July 1971.

Copies of notifications cited are forwarded to the officers and sections mentioned below for information. They are also informed that under T.C. Rule 340 (7) and the Madras Rule 173, Rs. 1.50 for every 175 words completed.

Kerala Gazette No. 25, dated 29th July, 1971.

Part III.

'THE HIGH COURT OF KERALA

NOTIFICATIONS

No. D1-42234/70                                                   1^st June 1971

(1)

In exercise of the powers conferred by Article 227 of the Constitution of India and all other powers hereunto enabling and with the previous approval of the Governor of Kerala conveyed in G.O. (MS) No. 64/71/Home, dated 20th April 1971 the High Court of Kerala hereby makes the following amendment to the Criminal Rules of Practice, Travancore-Cochin, namely;-

Amendment

In the said Rules, for sub-rule (7) of rule 340, the following be substituted, namely;-

"(7) For the purpose of printing Sessions judgments, Sessions Judges will be permitted to employ private presses on such terms as they consider best after calling for competitive quotations. The printing will be in the form, size and quality of paper specified in sub-rule (9) and subject to budget provision and to the condition that the rates do not exceed the ceiling rates as may be fixed by the High Court from time to time."

(2)

In exercise of the powers conferred by Article 227 of the Constitution of India and all other powers hereunto enabling and with the previous approval of the Governor of Kerala conveyed in G.O. (MS) No. 64/71/Home, dated 20th April 1971, the High Court of Kerala hereby makes the following amendment to the Criminal Rules of Practice and Circular Orders, Madras namely;-

Amendment

In the said Rules, for rule 173, the following shall be substituted, namely;-

"173. For the purpose of printing Sessions judgments, Sessions Judges will be permitted to employ private presses on such terms as they consider best after call1ng for competitive quotations. The printing will be in the form known as demiquarto form, the size of the paper used being 28 centimeters in length and 22 centimeters in width when folded and trimmed and subject to budget provision and to the condition that the rates do not exceed the ceiling rates as may be fixed by the High Court from time to time."

                   El-10004/72, Dated 15th September 1972.

Sub.-Entries in column (c) of the statement No. 4 of monthly returns-Uniform Practice-Instructions issued.

The Subordinate Courts in the- State are not following a uniform practice is making entries in column (c) of Statement No.4-Particulars of Original Suits, etc in accordance with the year of institution. The High Court hereby directs that cases coming under any of the following heads can be shown in column (c) of the said statement:-

(1) Not ready on account of stay under section 10 of Civil Procedure Code.

(2) Not ready since the records are sent for appeal or revision.

(3) Not ready since the records are not available due to some other reasons.

(4) (a) Not ready pending return of notice.

(b) Not ready pending production of commission report. (e) Not ready pending production of document.

(d) Not ready because issues have not been settled'

(5) Not ready-Pending impleading of legal representatives of a deceased party.

(6) Not ready on account of statutory stay of further proceedings.

(7) Not ready on account of proceedings being postponed under the Indian Soldiers' Litigation Act.

(8) Stayed for any other reason.

These instructions may be followed while filling up similar entries in other periodicals as well.

                             DI-3363/73, Dated, 26th September 1973.

Sub:-Production of the Broadcast Receiver License Register of Post Offices as exhibit in Wireless Prosecution Cases Directions issued.

The Postmaster-General, Trivandrum has reported to this office that some courts are insisting for the production of B.R.L. Registers in wireless prosecution cases and that this causes difficulties in the matter of renewal of Broadcast Receiver Licenses in the Post Offices. He has further requested that an extract of the relevant entry from the B.R.L. Register duly attested by the concerned Postmasters may be accepted as exhibit in all such cases.

The High Court after considering the matter in detail issues the following instructions in the matter for the guidance of the courts.

There should be no need to insist in every case on the production of the original B R. L. Register, if proper foundation is laid for the reception of the certified extract under the provisions of the Evidence Act, particularly of sections 63, 63, 74, 76 and 77 of the Act. Hence if attested extracts of the relevant portion of the B.R. L. Register are produced before the court by the authorities concerned in Wireless Prosecution Cases, the production of the original register should not be insisted unless for special reasons they think it necessary to insist on such production, having regard to the facts and circumstances of any particular case.

It is also directed that in cases where the original register is produced, it should be seen that the same is returned on the same day after taking certified copies of the relevant extracts.

R. Dis. 27357/74/E5, Dated, 7th August 1974.

Sub.-Inspection of courts-Control and exercise of supervision over the subordinate courts-Instructions issued.

It has come to light that omissions and mistakes found during inspection of courts and reported to have been rectified had really not been rectified by the subordinate courts. The following instructions are therefore issued for the strict observance of the subordinate courts.

(1) The Presiding Officers of the various courts, both civil and criminal, should themselves carefully verify, before sending up reports to the District and Sessions Judges and the Chief Judicial Magistrates, as the case may be, stating that the mistakes and omissions pointed out, had been rectified, whether those mistakes and omissions had really been rectified.

(2) The District and Sessions Judge3 and _ the Chief Judicial Magistrates who had noticed mistakes and omissions during their inspection must check, again at the time of their next inspection, whether the mistakes pointed out by them on the earlier occasion had really been rectified.

(3) The District and Sessions Judges and Chief Judicial Magistrates are also informed that it is their function to supervise, control and to attend to the working of all courts in the District in a satisfactory and efficient manner and to see that there is effective and efficient disposal of cases.

                   D. Dis. 24190/75/C5s Dated, 12th August 1975.

Sub.-Application for passports and no objection certificates Granting of-Instructions issued.

An instance has come to the notice of the High Court wherein a Head Clerk of a Criminal Court who is the prosecution witness in a sessions case is on long leave to visit certain foreign countries. The absence of the witness from the country causes considerable inconveniences and delay for the disposal of the case. The High Court thinks it necessary to avoid such delays in future in the disposal of cases in similar circumstances.

Therefore, the under mentioned officers are informed that while forwarding applications for passport they should also make it a point to state whether the applicant is a witness in any case pending before any court and whether the granting of the application for passport will in any way delay the disposal of the case.

                   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.

          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,

          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-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.

          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.

G1-4474/57 dated 31^st August 1957

Sub:-Distribution of work-District and Sessions Judges and Sub Judges.

The following instructions are issued for the guidance of the District and Sessions Judges and Sub Judges with regard to the distribution of work :-

District and Sessions Judges must primarily confine themselves to the trial of-

Sessions Cases;

Criminal Appeals;

Appeals from Sub Courts;

Probate and such other cases under the special statutes which would be under the District Judge's jurisdiction.

If any time is left over, they must hear appeals from Munsiffs' Courts.

The Subordinate Judges' Courts are mainly intended to dispose of original suits and appeals from Munsiffs' Courts.

A1-2073/58 dated 28^th May 1958

Sub:  Auction of material objects

It has been brought to the notice of the High Court that certain material objects were destroyed by the Sub Magistrate, Kanayanoor Taluk which could have been sold for metal value. The auditors while auditing the accounts have pointed out this irregularity and requested for the ratification of the High Court.

The  High Court, therefore, directs all subordinate criminal courts, that they should not destroy material objects, which in the opinion of the Magistrates concerned, are of value, but should be sold in auction.

The Magistrates should thus guard themselves against such audit objections in future by strictly adhering to the above instruction.

                             No.D1B. 2925/59, dated 2^nd June 1959

Sub.-Budget-Control of expenditure-Reconciliation-Instructions regarding.

In spite of the several instructions issued from the High Court on the above subject the statements forwarded by the subordinate officers are still defective.

Most of the discrepancies in the departmental figures found out at the time of reconciliation relate to the recovery of over payments. In some cases the schedule of recoveries attached to the pay bills are incomplete and in certain cases the schedule of recoveries are not attached at all. In many cases the schedules do not show the date of overdrawal of the amount towards which the recoveries are made, i.e. whether the recoveries relate to the overdrawals of the current year or to the previous years. Lack of details in the schedule of recoveries results in wrong  adjustments in the books of Comptroller's Office.

The High Court would impress upon the officers concerned the importance of curing the above defects and they are requested to see that such defects in the schedule of recoveries are completely avoided. They will also scrupulously comply with the instructions contained in the High Court Circular No. Dl. B. 2513/58, dated 2nd December 1958 especially instructions (2) and (3) of the circular. Failure to observe the above instructions will have to be viewed seriously.

The receipt of this circular should be acknowledged.

                              Bl-4795/6C1, dated 5th August 1960

Sub:--Indian Companies Act, 1956 (I of 1956)-Jurisdiction of District Courts under the Act-Regarding.

An instance has come to the notice of the High Court, in which a District Court has made an order winding up a company under section 443 of the Companies Act, 1934. Under section 10 of the  Companies Act, 1956 read with Government of India notification G.S.R. No. 663, dated 29th May 1959 (vide High Court Endorsement on Bl-9556/58, dated 14th July 1959) the jurisdiction of the District Courts under the Act extends only to the matters specified by the notification. The District Court has no jurisdiction under section 44-3 of the Act and the jurisdiction vests exclusively in the High Court.

2. The attention of all District Judges is invited to the notification referred to and they are informed th..1t they should exercise jurisdiction under the Companies Act, 1956, only' in. respect of the matters specified in the said notification.

Bl-5420/61, dated 18th July 1961

Sub:-Printing of judgment and order when the length exceeds seven hundred words-Instructions issued making production of printing copy compulsory.

1. The attention of all District Judges is invited to rule I 228 of the Civil Rules of Practice, Travancore-Cochin and sub rules (1) and (5) of rule 135 of the Civil Rules of Practice and Circular Orders, Madras.

2, It has come to the notice of the High Court that in very many cases copies of judgments and orders produced by the parties to a suit or proceeding for purpose of taking up the matter to the Subordinate Judge's Court, District Court or the High Court in appeal or revision are not printed, even when they exceed the prescribed limit of seven hundred words. This is a grave violation of the above rules which require that in every such case, where the length of the judgment or order (excluding the names of parties and witnesses and the list of exhibits) exceeds seven hundred words, the copy of such judgment or order shall be printed.

3. The District Judges and the Subordinate Judges in the State are therefore directed not to accept manuscript copies of judgments or orders, offending the aforesaid rules, except when there is a petition stating that the party concerned has applied for a printed copy of the judgment or order and undertaking to produce the same as soon as the printed copy is received by him and praying that he may be provisionally allowed to file a manuscript

copy as the matter has to be moved urgently before receipt of the printed copy. In cases exempted on such petitions they should see that the parties act up to the undertaking. The District Judges are requested to take immediate necessary steps for ensuring that the above rules and instructions are strictly complied with.

4. The above instructions will apply in the case of copies of judgments and orders produced for purpose of appeal or revision.

                                      B1-8980/61 dated 4^th April 1962

Sub :-Receivers appointed by courts-Travelling allowance -Payment of-Directions issued.

1. Receivers appointed by courts in suits and other proceedings, excepting those appointed under the Insolvency Acts, can be permitted to draw travelling allowances and batta as under:-

(1) Receivers may draw travelling allowance at the rates admissible to State Government servants of the second grade, whose actual pay is less than five hundred rupees, for journeys undertaken in the interests of the estates over which they have been appointed as receivers, from the funds of the estates concerned, on bills passed for payment by the court.

(2) In case a journey is undertaken on behalf of more estates than one, the costs thereof shall be distributed over the estates concerned, roughly, in accordance with the amount of business transacted for each, the distribution being reported, with a short statement of the reasons for it, for the approval of the court, when the bills in question are submitted.

(3) A receiver shall not make a journey on behalf of an estate or estates under his administration, unless there are assets sufficient to cover the cost of the journey at the credit of the estate, or the estates concerned or one of the parties is prepared to advance the estimated cost.

(4) Journeys may ordinarily be undertaken by the receivers only with the sanction of the Court. But, if in emergent cases a journey is undertaken on their own responsibility without obtaining the previous sanction of the courts, the costs thereof shall not be admissible unless such journeys are approved and the action of the Receiver ratified by the courts.

(5) The actual expenses of travelling incurred by any other person deputed by the receiver or when accompanying him for assistance in the discharge of his duties as receiver, as approved by the court in each case, shall also be admissible.

(6) The necessity for the journey on the part of the receiver. or his assistant, if any, shall be decided by the Court with reference to the circumstances of each case and such decision shall be final.

(7) The amount due under travelling allowance under the foregoing clauses, shall be drawn by cheques from courts by the receiver, out of the amounts collected and remitted by him i'1 court to the credit of the particular proceedings or out of amounts deposited by either of the parties for the purpose.

II. This circular is issued in super session of Circular No. III of 1954 (I.S. 2-1813/53) dated 1st December 1954 issued by the Travancore-Cochin High Court,

                             B2 -4405/63, DATED 29^TH May 1963

Sub:-Promotion of non-gazetted officers to gazetted posts -Issue of pay slips-Documents to be forwarded to the Accountant General-Instructions issued.

Ref:-Letter No. GAD1/C/15-129/201 from the Accountant General (Kerala) Trivandrum, dated 30th April 1963.

1. The Accountant General (Kerala) Trivandrum, in the reference cited, has pointed out that, when a non-gazetted officer is promoted to a gazetted post, the last pay certificate and service book of the officer are required for issuing the first pay slip to the officer in his gazetted post. The non receipt of the above documents in the Accountant General's office results at times in the authorisation of pay at a rate lower than that which the officer ·was drawing in his non gazetted post. In order to obviate the difficulty pointed out by the Accountant General and to ensure the issue of pay slip in the first instances itself correctly, the heads of offices in the Judicial Department are requested to forward to the Accountant General directly, with intimation to the High Court, the last pay certificate and service book of the officer under whom the Government servant concerned was last serving in his non-gazetted capacity.

                             No. D. Dis. D4-8088/60/E5, dated 21st November 1964

Sub:-Impounded documents-Documents sent to the Collector for impounding-Instructions issued.

An instance has come to the notice of the High Court where a court forwarded two impounded documents of two different suits to the Collector in one cover. The Collector at a later date informed the court, that the document in one of the suits had not been received in his office though he admitted receipt of the document in the other suit. After a series of correspondence with the Collector, the document in question had finally to be taken as missing during the transmission to the Collector. The High Court considers that it is the duty of the officers concerned to take proper care in the transmission of such documents, and that they must have proper evidence of such transmission.

The High Court therefore directs that hereafter whenever an impounded document is forwarded to the Collector, only one document should be sent in one cover registered with acknowledgment due.

                             D1-32708/65, dated 8^th November 1965

Sub:-Rules relating to Copyists' Establishment notification issued·

Certain doubts have been raised regarding the effect and operation of rule 222A of the T.C. Civil Rules of Practice and rule 134C of the Madras Civil Rules of Practice and Circular Orders. The following clarifications are issued:-

(1) The above rules only prescribe the minimum work for a typist-copyist and they do not effect any change in the minimum work prescribed for a manuscript-copyist.

(2) The above rules will apply only when the copyist is preparing typewritten copies. When he is engaged solely in preparing manuscript copies, T.C. rule 222 or Madras rule 134B as the case may be, will apply·

(3) When an English typist-copyist prepares both

Type written copies and manuscript copies during the course of the day, his minimum work will be determined as follows:

When a sheet contains both typewritten and manuscript matter, the sheet will b~ treated as a manuscript sheet if it contains 75 or more words in manuscript and if the words in manuscript are less than 75 the sheet will be treated as a type written sheet· The manuscript sheets copied will be converted to typed sheets in the ratio of 20:30 or vice versa.

                             D1-25161/66, dated 17^th August 1966

Sub:-Impleading of parties to suit or other proceedings Procedure to be followed-Directions issued.

It is observed that in most of the courts in this State the procedure followed with regard to applications under Order XXII, rule 4 of the Code is to order the application after hearing the parties already on record in the suit but without notice to the person sought to be impleaded. If the' application is allowed, summons in the suit goes to the newly impleaded defendant. If he appears in response to the summons and takes objection on the ground that he is not the legal representative of the deceased defendant, then his objection is heard, and, if it is upheld, he is struck off the party array. Otherwise, the trial of the suit proceeds with him on the .party array. In some courts, however, the procedure followed is to order an application only after notice to the proposed party (in addition to the parties already on record) and then, in case the application is allowed, to issue summons in the suit to him. This procedure is cumbersome, to little purpose and entails waste of time, energy and expense which, in cases where legal representatives are numerous, can be considerable. It does not seem to be required by any of the provisions of the Code. In fact, it would appear from Form No. 6 in Appendix B to the Code that what is contemplated is that notice of the application under Order XXII, rule 4 and summons in the suit should go together to the proposed party in the shape of a summons in the form prescribed and that if the application is allowed after such notice (and after hearing the parties already on record) the party should be impleaded as a defendant and the suit proceeded with without further summons·

                             E6-9246/67, dated 7th December, 1967

Sub:-Maintenance of a separate register for valuables regarding.

Ref:-High Court Circular No. Bl-1268/63, dated 30th January 1963 (9/63).

In some of the subordinate criminal courts, there seems to be a practice of maintaining a separate register for valuables. Neither the T. C. nor the Madras Criminal Rules of Practice enjoins the maintenance 'of a separate register. Under the rules, valuables are to be entered along with other property in the property register (Form No. 28 in the T. C. Rules and Form No. 15 under the Madras Rules). The High Court hereby directs that the practice of maintaining a separate register be discontinued forthwith and that the entries relating to valuables should be made in red ink in the property register so as to stand out prominently and facilitate periodical verification of the same. Attention is also drawn to instruction No. 2 in both the forms, by which a fresh register is directed to be opened every year and the outstanding items are to be brought forward from the register of previous year·

2. The High Court Circular cited is modified accordingly.

                             D1-21005/68, dated 2nd july1968

Sub:-Power of court to pay expenses or compensation out of fine-Sections 545, 546A, etc., of the Code of Criminal Procedure-Compliance of-Instructions issued.

It is noticed that section 545 of the Criminal Procedure Code is often ignored by the magistracy and compensation is not being awarded to the complainants for the injuries suffered by them in cases in which the court imposes fines as punishment. This section is intended to be applied in appropriate cases and has a social purpose to serve. Attention of the magistracy is therefore invited to that and other like sections of the Code of Criminal Procedure for their application in appropriate cases.

                             D2-24423/69, dated 3^rd November 1969

Cases in which members of the court staff are parties or otherwise interested-Transfer of cases to other courts-Exemption from-Instructions regarding.

Ref :- (1) High Court Circular No. B2-8175/61, dated 30th October 1961 (26/61).

(2) High Court Circular No. 1/67, dated 11th January 1967 in file No. D2-29149/66.

(3) High Court Circular No. 24/68, dated 23rd September 1968 in file No. D2-26659/68.

By the circulars cited above, all the presiding officers were directed to see that all cases before them in which any member of their staff is a party or is otherwise interested are

transferred to some other court and that when transfer of the case would cause hardship to the opposite party the member of the staff should be transferred. It is now pointed out that there will be difficulty in following the circulars in cases where execution is sought against the person of the judgment-debtor, who happens to be a member of the staff. Such cases are therefore excluded from the purview of the circulars.

                             D1-25082/70, dated 5^th   June 1970

Sub:-Execution petitions-Entries in registers and consignment of records-Instructions issued.

1. Whether every execution petition filed in the case should find a place in the register or whether only the petitions on which steps are taken and judgment-debtors are served or where decree is executed at least in part alone need be entered.

2. Whether the entry should be made as and when particular petitions are disposed of or whether it is sufficient if all the relevant entries are made after the decree is satisfied.

3. Whether in a case where amounts are realised or decree otherwise satisfied in installments in the course of a single execution petition the entries regarding payment, etc. should be made then and there or whether it is sufficient if a gist of the result is entered as and when individual execution petitions are disposed of.

4. Whether, instead of keeping the records in the execution section till the decree is satisfied or barred, the execution records can be sent to the Records Section after making the necessary entries in the Register of Civil Suits as and when individual execution petitions are disposed of.

The following directions are issued to the subordinate courts in the matter:-

Every execution petition should be entered in the Suit Register and the entries brought up-to-date as the execution petition progresses.

The practice of consigning the records of an execution petition to the record room as soon as the petition is disposed of and getting them back, if necessary, for any subsequent petition that may be filed, is the correct practice.

                             D4-28547/71, dated 26^th August 1971

Sub:-Official quarters allotted to judicial officers Occupation and vacation of-Instructions issued.

1. It has come to the notice of the High Court that some judicial officers instead of occupying the quarters available to them in the civil lines at some stations, choose their own private accommodation. This results in his successor not getting the quarters, putting him to much inconvenience.

2. The following instructions are, therefore, issued for the guidance of judicial officers:-

(i) A judicial officer, below the rank of a District Judge or District Magistrate, shall not surrender or decline to occupy the quarters without previously obtaining the written permission of the District Judge or District Magistrate as the case may be.

(ii) A District Judge or a District Magistrate shall not surrender or decline to occupy the quarters without the previous permission of the High Court.

(iii) Such permission will be granted only for good and sufficient reasons and thereupon the quarters should, as far as possible, be allotted to another judicial officer at the station, who is not occupying any quarter.

          B2-25831/72, Dated 16th September 1972.

Sub.-Passport facilities-Special certificates of verification issued by Judicial Officers-Need for caution and vigilance Instructions issued.

Ref- Government U .0. Note No. 4062-SS2/70/Home dated 3rd February 1970 (High Court R. Misc. No. 19/70).

2. Government Circular No. 44091-SS2f70/Home dated 26th September 1970 (High Court Endorsement on R. Misc No. 37/70 dated 28th October. 1970).

3. High Court Circular No. 14/1970 dated 27th May 1970.

          The attention of all District Judges and First Class Magistrates is invited to the contents of the above references. They are requested to bestow great care in furnishing special certificates on passport applications, to adhere strictly to the instructions issued in the matter from time to time and not to give room for any / complaint which will warrant disciplinary action.

                             Dl-26140/73. Dated, 19th October 1973.

Sub :-Rules governing the lapsing of Civil Court Deposits Instructions issued.

Ref:-Rules 388, 390 and 396 of the Kera1a Civil Rules of Practice.

It has been brought to the notice of the High Court by the Accountant General, Kerala, that during the local inspection of the accounts of the Muusiff's Court, Badagara it was seen that certain items under Civil Court Deposit for the period from 1945-46 were included in the list of outstanding. Though it was clarified that such items could not be regarded as unclaimed, on account of subsisting attachments, the particulars thereof could not be furnished by the Munsiff to the Accountant General for want of relevant and sufficient entries in the accounts.

The High Court on due consideration of the matter is pleased to issue the following instruction in the matter.

The particulars of the attachment and the raising of such attachment must e noted both in the deposit register (Form No. 57 in the Civil Rules of Practice, Kerala) and also in the ledger (Civil Register No. 64.)

D1-31505/74, Dated, 23rd September 1974.

Sub.-Section 428 of the Code of Criminal Procedure, 1973 Further instructions issued.

Ref.-High Court Circular No. 13/74 in file No. D1-20543/74 dated 8th July 1974

In supersession of the Circular cited the following instructions are issued:

Under section 428 of the Code of Criminal Procedure, 1973 the period of detention, if any, undergone by convicted persons during investigation, inquiry or trial of the same case and before the date of such conviction, should be set off against the term of imprisonment imposed on the convict and the liability of such convict to undergo imprisonment on such conviction should be restricted to the remainder, if any, of the term of imprisonment imposed on the accused person. The Inspector General of Prisons has requested to furnish in the warrants sent to the jail authorities such details of the detention undergone by the convicted persons,-when the convicted persons are sent to jail to undergo the period of imprisonment, -so as to enable the jail authorities to carry out the directions contained in the Code.

. 'The Subordinate Criminal Courts are therefore, hereby directed to indicate in the warrant of commitment of the convicted persons sent to jail (Form No. 34 in the second schedule to the new code) the period during which the said convict has been in custody pending investigation, inquiry and/or trial.

The same procedure must be followed in regard even to cases pending on 1st April 1974.

                             D1-24746/75, Dated, 16th September 1975.

Sub.-Supply of copies of judgments in plain paper to Assistant Public Prosecutors-Further instructions issued.

Ref.-High Court Circulars 16/60 and 34/60.

It has been brought to the notice of the High Court by the Government that when an Assistant Public Prosecutor requested for a plain paper copy of judgment, the Judicial Magistrate concerned denied the request directing him to produce copying sheets for copy of judgment.

In inviting a reference to the Circulars cited the Criminal Judicial Officers are hereby directed to supply copies of judgments in plain paper when requested by the Assistant Public Prosecutors and they should not, in future, give room for such complaints. They are informed that they can furnish copies of judgments to Assistant Public Prosecutors in plain paper and production of copying sheets will not be insisted.

 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.

 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.

                    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.

           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.

          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;

G 1-4358/57, dated 2^nd September 1957

Sub:-Sending of copies of judgments to other departments-Instructions regarding.

It has been brought to the notice of the High Court that subordinate courts are sending copies of their judgments directly to other departments instead of routing them through the High Court. Subordinate courts are directed to discontinue forthwith this practice whereas it is irregular. If in any case it is desired that the irregularities adverted to by them in their Judgments, should be brought to the notice of the concerned departments, they should forward such judgments to the High Court with a request to forward the same to the departments concerned leaving it to the High Court to decide whether it should be so forwarded.

          No. E4-4412/57, dated 5th June 1958

Sub.-Procedure in cases when a stay has been ordered by the High Court.

It has been brought to the notice of the High Court that much delay is caused in the disposal of cases in which stay has been ordered by the High Court because specific orders vacating the stay are not communicated to the Subordinate Courts in time.

In future, the lower courts will note that when  the High Court finally disposes of a case in which a stay has been ordered pending the disposal of the appeal or revision the stay has to be  taken to have been vacated even without a specific order to that effect.

No.B1-4053/59 , dated 13^th June 1959

Sub.-Law and Order-Anti-Education Act-Agitation-

Maintenance of Law and Order during agitation Regarding.

It is informed by Government that if the agitation against the Education Act, etc., materialises in an intensive form there will be need for conserving the maximum strength of Police force for the maintenance of Law and Order in the State and that during the emergency the police may sometimes find it impossible in individual cases to produce prisoners in courts and the Police Officers concerned will be sending reports to the courts explaining their inability to produce the prisoners.

The subordinate courts are directed to accept such reports forwarded by the Police Officers and save them from having to attend courts during the agitation to the extent possible.

                         B 1-4672/60, dated 9th August 1960

Sub:-Offences under the Opium Act, 1878 and the Dangerous Drugs Act, 1930 (Central Acts)-Mandatory provision regarding punishment •

 It has been brought to the notice of the High Court that persons, for offences under the narcotics laws, are being let of by thl1: courts with fine only on conviction. Under the provisions of the Opium Act, 1878, and the Dangerous Drugs Act, 1930, as amended by

the Opium Laws (Amendment) Act, 1957 (Central Act 52 of 19:7) it is mandatory on the part of trying Magistrates to impose a sentence of imprisonment with, or without fine on conviction.

The attention of all subordinate criminal courts is invited to the: provisions of the said Acts for information and guidance.

          C2-576/61, dated 2nd August 1961

Sub :-Military attachment of pay and allowances of persons in the military service.

Ref:-Letter No. 22156/60/Judl. 11, dated 7th December 1960 from the Government of India, Ministry of Home Affairs and letter No. 95275/60-2/P&M (B), dated 20th January 1961 from the Government of Kerala communicated with the High Court Endorsement on C2-576/61, dated 14th February. 1961.

The attention of the officers mentioned below is invited to the reference cited and they are directed to act strictly in conformity with the rule in force on the subject,

                              Bl-2392/62, dated 6th April 1962

Sub:-Return of admitted documents – procedure- clarified.

1. It has come to the notice of the High Court that documents produced and admitted in civil courts are sometimes returned by courts during the pendency of the suits to the parties or counsel concerned without taking certified copies from them in substitution. This procedure is irregular and should be discontinued.

2. The attention of all civil courts is invited to the proviso to rule 9 of Order XIII of the Code of Civil Procedure, 1908 (Central Act V of 1908) as well as to sub-rule 1 of the rule 115 of Part I of the Civil Rules of Practice, Travancore-Cochin, 1956 and the instructions contained in Circular Order No. III under rule 81 of the Civil Rules of Practice and Circular Orders, Volume I, Madras. They are informed that the above provisions should be strictly adhered to in returning documents admitted in evidence.

3. Any disregard of these provisions will be viewed seriously.

                             B1-9532/61, dated 1^st June 1963

Sub:-The Kerala Stamp Act, 1959-Realisation of Stamp duty and penalty-Documents impounded in court.

Ref:-High Court Circular No. Bl-9532/61, dated 1st June 1963 (18/63).

The attention of the subordinate civil courts is invited to the reference cited and they are directed to send to the Secretary, Board of Revenue, every half year, a list of cases where acknowledgements or final reports have not been received from the concerned revenue authorities, together with the names and/or designation of the officers to whom they were sent, in order to enable the Board to take action against the officers responsible for the default and to expedite disposal of such cases.

                              No…….. dated 9th December 1964

Sub:-Oath of Allegiance to the Indian Union by Government servants-Instructions issued.

The following instructions are issued for guidance in the matter of taking oath of allegiance to the Indian Union and the Constitution of India;-

1. All members of the judicial service inclusive of the presiding officers should take the oath of allegiance to the Indian Union and the Constitution of India if they have not already done so.

2. All those persons who are newly recruited to the service should take the oath of allegiance to the Indian Union and the Constitution of India as and when they take up the appointment, in the form prescribed in G.O. (P) No. 1681public (Services D) dated 14~h May, 1964.

3. All District Judges including Additional District Judges should take oath before the Chief Justice. All District Magistrates, Sub Judges, Additional Sub Judges, Munsiffs,

Additional Munsiffs and Munsiff-Magistrates should take oath before the District Judge concerned. Other gazetted officers belonging to the Civil Judicial side will take oath before their immediate superior officer. All Sub Divisional Magistrates and Additional First Class Magistrates and Sub Magistrates will take oath before the concerned District Magistrate. The forms will be kept along with the confidential dossier of the officer concerned.

4. The non-gazetted officers will take the oath before the presiding officer of the court. The forms will be kept in the safe custody of the court and will be kept along with the confidential dossier of the Government servant concerned. A copy of the form will be pasted in the service book of the Government servant.

5. The above procedure shall be followed in the case of officers newly recruited also and they should take the oath when they report for duty. .

6. All those who are newly recruited to the High Court Service, and those appointed by transfer if they have not already taken the oath, will take the oath before the Registrar as and when they take up the appointment,

                             D1-25683/65, dated 9^th November 1965

Sub:-Grant of bail-Further instructions issued.

The Inspector General of Police has brought to the notice of the Government certain instances where persons accused of non-bailable offences were granted bail without hearing the Police. He has also reported that such procedure causes much hardship and handicaps in the proper investigation of the cases,

The attention of all the Magistrates is invited to the instructions contained in item No.9 in the Manual of Instructions for the guidance of Magistrates to the effect that when an application for bail is made, intimation should be sent to the Stationhouse Officer in charge of the investigation to give him a reasonable opportunity to make his representations to the Magistrate.

Where, however, the special circumstances of a case warrant that course, Magistrates may make an interim order for bail.

                             D1-6463/66, dated 23^rd August 1966

Sub:-Circulars and directions issued from superior courts-Bringing to the notice 'of other officers Instructions issued.

It has come to the notice of the High Court that very often the principal officer of a court alone sees the circulars, etc., sent from the High Court or other superior court and they are not shown to the other officers. Sometimes all the sections are not informed about the same.

2. The High Court therefore directs that any general circular or instruction (except of a confidential nature) issued from the superior courts shall be brought to the notice of the other officers working in the station and all the concerned sections of the court by the principal officer (officer having the administrative control).