MIX R&D Flashcards

Question

Under which Article a case of public interest litigation can be filed in : a) the Supreme Court of India b) High Court c) District Court?

Answer 1

a) Article 32 before the Supreme Court of India b) Article 226 before the High Court c) Cannot be filed in District Court

Answer 2

Where a particular number of days are prescribed by these Rules or by or under any other law, or is fixed by the Court for doing any act, the starting day from which the said period is to be reckoned shall be excluded, and if the last day expires on a day when the office of the Court is closed for the day or a part thereof, that day and any succeeding day(s) on which the Court remains closed for the day or a part thereof, shall also be excluded. [DHC (OS) Rules, 2018, Chapter 1, Rule 6]

Answer 3

1. Annexure ‘A’ – Practice Directions for issuance of Summons/Notices through Speed Post / Registered Post with Proof of Delivery (POD) in the High Court of Delhi. 2. Annexure ‘B’ –Video conferencing guidelines issued by the High Court of Delhi. 3. Annexure ‘C’ – Practice Directions for Electronic Filing (E-filing) in the High Court of Delhi. 4. Annexure ‘D’ – Practice Directions for Mediation. 5. Annexure ‘E’ – Practice Directions under Section 18 of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. [DHC (OS) Rules, 2018, Practice Directions]

Answer 4

11.08.2006 [DHC (RTI) Rules, 2006, Rule 1]

Answer 5

Authorized Person means Public Information Officers and Assistant Public Information Officers designated as such by the Chief Justice of the Delhi High Court. [DHC (RTI) Rules, 2006, Rule 2 (c)]

Answer 6

Application Fee – 10 Rupees per application [DHC (RTI) Rules, 2006, Rule 10 (i)]

Answer 7

For each information sought, separate application shall be made. However, where more than one information sought is consequential or related to one another, applicant will be permitted to seek them in one application. Application Fee – 10 Rupees per application [DHC (RTI) Rules, 2006, Rule 3 and Rule 10 (i)]

Answer 8

1. Form A – Form of application for seeking information 2. Form B – Acknowledgment of Application in Form A 3. Form C – Outside the jurisdiction of the authorized person 4. Form D – Rejection Order 5. Form E – Form of Supply of information to the applicant 6. Form F – Appeal under Section 19 of the RTI Act, 2005 [DHC (RTI) Rules, 2006, Forms]

Answer 9

Rule 5 - DHC (RTI) Rule, 2006 The information specified under Section 8 of the Act shall not be disclosed and made available and in particular the following information shall not be disclosed: (a) Such information which relates to judicial functions and duties of the Court and matters incidental and ancillary thereto. Section 8, RTI Act, 2005 Exemption from disclosure of information – (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,— 1. information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; 2. information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; 3. information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; 4. information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; 5. information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; 6. information received in confidence from foreign Government; 7. information, the disclosure of which would endanger the life or physical safety of any person or identify' the source of information or assistance given in confidence for law enforcement or security purposes; 8. information which would impede the process of investigation or apprehension or prosecution of offenders; 9. cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; 10. information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. (2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act. [DHC (RTI) Rules, 2006, Rule 5 and RTI Act, 2005, Section 8]

Answer 10

Under Section 4(1) (b) (xvii) (Obligations of public authorities) of the RTI Act, 2005. [The Right to Information Act, 2005, Section 4]

Answer 11

Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State. [The Right to Information Act, 2005, Section 9]

Answer 12

As per section 8 (1) (j) of RTI Act, notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. [The Right to Information Act, 2005, Section 8 (1) (j)]

Answer 13

(5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed: Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government. (6) Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1). [The Right to Information Act, 2005, Section 7 (5) and (6)]

Answer 14

As per Rule 8 of PIL Rules, 2010, Processing, screening and listing of Letter Petitions as Public Interest Litigations before the Public Interest Litigation Committee: (a) All Letter Petitions received in the Public Interest Litigations Cell, shall first be processed in the Public Interest Litigation Cell. However, neither any anonymous Letter Petition nor any such Petition from which the identity of the Letter Petitioner cannot be established or ascertained shall be entertained. (b) Public Interest Litigation Committee, shall take such action, it may consider necessary, on the letter Petitions presented before it. (c) Once a Letter Petition is approved to be entertained as a Public Interest Litigation Petition, the same shall be placed before the Public Interest Litigation Bench unless otherwise directed by the Chief Justice. (d) The Public Interest Litigation Cell shall prepare a gist of the Letter Petition in English and the points of public concern raised in the Letter Petition, the replies, if any, received from any department, Addresses of the Government Departments/officials, who may be considered as the necessary or appropriate parties for the decision of the petition and send it for listing.

Answer 15

A PIL can be filed by an individual, group of citizens, or non-governmental organizations. It is not necessary that only the aggrieved person can file a PIL. Any citizen can file a PIL The only condition applied will be that it should be filed with the public interest and not for private gain.

Answer 16

CHAPTER XXVII of DHC (OS) Rules and Annexure C is related to E-FILING.

Answer 17

The term "coordinator" in the provided context typically refers to an individual or a designated person responsible for overseeing and managing various aspects of a video conference for legal proceedings. The coordinator's role is to ensure the smooth and effective conduct of the video conference, as outlined in the guidelines mentioned in the passage you provided. In this context, there can be two coordinators: Coordinator at the Court Point: This is the person responsible for coordinating and managing the video conference proceedings from the court's location. They may be responsible for ensuring that the courtroom is properly set up for the video conference, arranging for any necessary documentation or records, and liaising with the coordinator at the remote point. Coordinator at the Remote Point: This is the person responsible for coordinating and managing the video conference proceedings from the remote location, which could be another courtroom, a detention center, or any other place where a participant needs to be virtually present. Their responsibilities include ensuring that the remote location is prepared, the person to be examined is ready, and the technical equipment is functioning correctly. The coordinator's duties, whether at the court point or remote point, include: 1. Ensuring technical requirements are met. 2. Conducting pre-conference tests to resolve technical issues. 3. Ensuring the person to be examined is ready. 4. Regulating access to the video conference room. 5. Restricting unauthorized recording devices. 6. Providing support (e.g., translators, sign language experts) as needed. 7. Maintaining privacy and security during the proceedings. As per Video Conferencing Guidelines issued by High Court of Delhi, following would be the Coordinator at remote point in following cases: a) Where the person to be examined is overseas, the Court may specify the co- ordinator out of the following.- (i) the official of Consulate/Embassy of India, (ii) duly certified Notary Public/Oath Commissioner b) Where the person to be examined is in another State/U.T, a judicial Magistrate or any other responsible official as may be deputed by the District Judge concerned or Sub.-Divisional Magistrate or any other responsible official as may be deputed by the District Collector concerned c) Where the person to be examined is in a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, the Medical Superintendent or In-charge of the said hospital or any other responsible official deputed by him. d) Where the person to be examined is a juvenile or a child who is an inmate of an Observation Home/Special Home/Children's Home/Shelter Home, the Superintendent/Officer In-charge of that Home or any other responsible official deputed by him. [Annexure B, DHC OS Rules]

Answer 18

Exemption from e-filling of the whole or part of the pleadings and/or documents may be permitted by the Court upon an application for that purpose being made to the Court in the following circumstances: (i) e-filing is, for the reasons to be explained in the application, not feasible; or. (ii) there are concerns about confidentiality and protection of privacy; or (iii) the document cannot be scanned or filed electronically because of its size, shape or condition; or (iv) the e -filing system is either inaccessible or not available for some reason; or (v) any other sufficient cause. [Annexure ‘C’, Rule 8 of DHC OS Rules, 2018]

Answer 19

Ans. Plaintiffs/defendants and appellants/respondents along with the plaints, appeals or the written statement/replies/rejoinder would annex duly filed up proforma as placed at Annexure “A” indicating their willingness to opt for any of the Alternate Dispute Resolution methods i.e. Mediation, Conciliation, Arbitration, Lok Adalat or Judicial Settlement. [Annexure ‘D’, Rule 1 of DHC OS Rules, 2018]

Answer 20

As per Annexure-D of DHC (OS) Rules, 2018, The case which is referred for mediation, if returned without any settlement, will be placed before the same Hon’ble Judge, who in the first instance, referred it for mediation irrespective of whether the Hon’ble Judge is sitting on the same board or not. [Annexure ‘D’, Rule 10 of DHC OS Rules, 2018]

Answer 21

(a) Suit for specific performance of a contract Period of Limitation : Three years Time from which period begins to run : The date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. (b) Suit for compensation for malicious prosecution Period of Limitation : One year Time from which period begins to run : When the plaintiff is acquitted or the prosecution is otherwise terminated. (c) Appeal under the Code of Civil Procedure, 1908 to a High Court from any decree or order Period of Limitation : Ninety days Time from which period begins to run : The date of the decree or order. [The Limitation Act, 1963, Schedules Sr. No. 54, 74 and 116 ]

Answer 22

(i) Limitation Period: Thirty Days Time from which period begins to run : The date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree. (ii) Sec. 27. Extinguishment of right to property – At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. For possession of immovable property or any interest therein based on title Limitation Period: Twelve years Time from which period begins to run: When the possession of the defendant becomes adverse to the plaintiff. Explanation: (a) where the suit is by a remainderman, a reversioner (other than a landlord) or a devisee, the possession of the defendant shall be deemed to become adverse only when the estate of the remainderman, reversioner or devisee, as the case may be, falls into possession; (b) where the suit is by a Hindu or Muslim entitled to the possession of immovable property on the death of a Hindu or Muslim female, the possession of the defendant shall be deemed to become adverse only when the female dies; (c) where the suit is by a purchaser at a sale in execution of a decree when the judgment-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession. [The Limitation Act, 1963, (i) Schedule 123, (ii) Sec. 27, Schedule Sr. No. 65]

Answer 23

(i) Sec. 14. Exclusion of time of proceeding bona fide in court without jurisdiction- 1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. 2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. 3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature. Explanation – For the purposes of this section, – a) in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted; b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding; c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction. (ii) Sec. 19. Effect of payment on account of debt or of interest on legacy – Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made: Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment. Explanation – For the purposes of this section, – a) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment; b) “debt” does not include money payable under a decree or order of a court. (iii) Sec. 18. Effect of acknowledgment in writing – 1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. 2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received. Explanation – For the purposes of this section,— a) an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off, or is addressed to a person other than a person entitled to the property or right, b) the word “signed” means signed either personally or by an agent duly authorised in this behalf, and c) an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right. [The Limitation Act, 1963, (i) Sec. 14, (ii) Sec. 19, (iii) Sec. 18 ]

Answer 24

(i) (a) In suits for specific performance of a contract of sale – according to the amount of the consideration. (b) Suit for the recovery of immovable property from a tenant - according to the amount of the rent of the [immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint. (c) for houses and gardens – Where the subject-matter is a house or garden according to the market-value of the house or garden. (d) to redeem – In suits against a mortgagee for the recovery of the property mortgaged, to foreclose – and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute – according to the principal money expressed to be secured by the instrument of mortgage. (ii) A fee of one-half the amount prescribed in the foregoing scale. (iii) As per Schedule-II of The Court Fees Act, the fee is One hundred fifty rupees. (iv) When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceed ten thousand rupees, Two per centum on such amount or value. When such amount or value exceeds ten thousand rupees, but does not exceedfifty thousand rupees, Two and one-half per centum on such amount or value. When such amount or value exceeds fifty thousand rupees: Provided that when, after the grant of a certificate under the Succession Certificate Act, 1889 (7 of 1889), or under the Regulation of the Bombay Code, No. 8 of 1827, in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the letter grant shall be reduced by the amount of the fee paid in respect of the former grant, Three per centum on such amount or value. (v) Nothing contained in this Act shall render the following documents chargeable with any fee:— (iii) Written statements called for by the Court after the first hearing of a suit. [The Court Fees Act, 1870 (i) Sec.7,(ii), Schedule I, (iii) Schedule II,(iv) Schedule I,(v) Sec. 19 (iii)]

Answer 25

(i) Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed — In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed. (ii) Multifarious suits — Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the power conferred by the Code of Civil Procedure, section 9. [The Court Fees Act, 1870 (i) Sec.11, (ii) Sec. 17]

Answer 26

(2.) Refund of fee on settlement of a suit or appeal before hearing. As per Section 16A of the Court Fees Act, whenever by agreement of parties:- (i) any suit is dismissed as settled out of court before evidence has been recorded on the merits of the claim; or (ii) any suit is compromised ending in a compromise decree before evidence has been recorded on the merits of the claim; or (iii) any appeal is disposed of before the commencement of hearing of such appeal; half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the court to be refunded to the parties by whom the same have been respectively paid. (2.) Refund of fee on settlement of a suit which has been referred to Court-annexed mediation. As per Section 16 of The Court Fees Act, Where the Court refers the parties to the suit to any one of the mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908), the plaintiff shall be entitled to a certificate from the Court authorising him to receive back from the collector, the full amount of the fee paid in respect of such plaint.

Answer 27

(i) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. (ii) Equal justice and free legal aid — The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.] [The Constitution of India (i) Article 19 (2), (ii) Article 39(A)]

Answer 28

(i) (a) Right to Education: The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.] (b) Right to Privacy is not mentioned in fundamental rights. (ii) Fundamental duties.—It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. [The Constitution of India (i) (a) Article 21A, (ii) Article 51A]

Answer 29

(i) Remedies for enforcement of rights conferred by this Part.— (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. (ii) Protection in respect of conviction for offences — (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself. [The Constitution of India (i) Article 32, (ii) Article 20]

Answer 30

Unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. High Court is independent judicial body. When the High Court is performing judicial function then it cannot be considered as a “State”. However, when it is performing an Administrative Function then it can be considered as a “State”. [The Constitution of India Article 12]

Answer 31

(i) As per Rule 20 (1) of Order V of Code of Civil Procedure, 1908, Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house(if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit. Rule 20(1) (a) where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain. (2) Effect of substituted service - Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally. (3) Where service substituted, time for appearance to be fixed - Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require. (ii) Section 100 :- (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. (2) An appeal may lie under this section from an appellate decree passed ex parte. (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question : Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question. Section 102 No appeal in certain cases:- No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding 25,000 rupees. [The Code of Civil Procedure, 1908 (i) Order V, Rule 20, (ii) Section 100 and 102]

Answer 32

(i) As per Rule 27 Order XLI of Code of Civil Procedure, 1908, (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if— (a) the court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or (aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or (b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined. (2) Whenever additional evidence is allowed to the produced, by an Appellate Court, the court shall record the reason for its admission. As per Rule 28 Order XLI of Code of Civil Procedure, 1908, wherever additional evidence is allowed to be produced, the Appellate Court may either take such evidence or direct the Court from whose decree the appeal is preferred, or any other subordinate Court, to take such evidence and to send it when taken to the Appellate Court. (ii) High Court’s power of Revision:- (1) The High Court may call for the record of any case which has been decide by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears— (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit:— Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings. (2) The High Court shall not, under this section vary or reverse any decree or order against which an appeal lies either to the High Court or to any court subordinate thereto. (3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court. Explanation.- In this section, the expression “any case which has been decided” includes any order made, or any order deciding an issue, in the course of a Suit or other proceeding. [The Code of Civil Procedure, 1908 (i) Order XLI Rule 27 and 28 (ii) Section 115]

Answer 33

(i) Procedure in case of death of one of several defendants or of sole Defendant: (1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit. (2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant. (3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant. (4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced against the said defendant notwithstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death took place. (5) Where — (a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an application for the substitution of the legal representative of the defendant under this rule within the period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and (b) the plaintiff applies after the expiry of the period specified therefor in the Limitation Act, 1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not making the application within the period specified in the said Act, the Court shall, in considering the application under the said section 5 have due regard to the fact of such ignorance, if proved. (ii) Who may act as next friend or be appointed guardian for the suit 1. Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit: Provided that the interest of such person is not adverse to that of the minor and that he is not, in the case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff. 2. Where a minor has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the Court considers, for reasons to be recorded, that it is for the minor's welfare that another person be permitted to act or be appointed, as the case may be. 3. No person shall without his consent be appointed guardian for the suit. 4. Where there is no other person fit and willing to act as guardian for the suit, for Court may appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer in the performance of his duties as such guardian shall be borne either by the parties or by any one or more of the parties to the suit, or out of any fund in Court in which the minor is interested or out of the property of the minor, and may give directions for the repayment or allowance of such costs as justice and the circumstances of the case may require. [The Code of Civil Procedure, 1908 (i) Order XXII Rule 4 (ii) Order XXXII Rule 4]

Answer 34

(i) Powers of the Appellate Court - After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may— (c) in an appeal for enhancement of sentence – (i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence; or (ii) alter the finding maintaining the sentence; or (iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same; Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal. (ii) 22. Sentences which High Courts and Sessions Judge may pass – 1) A High Court may pass any sentence authorised by law. 2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. 23. Sentences which magistrates may pass – 1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. 2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service. 3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service. Explanation—"Community service" shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration. (iii) 417. No appeal in petty cases – Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely:— (a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground— (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case. [BNSS, 2023 (i) Sec. 427 (c), (ii) Sec. 22 and 23, (iii) Sec. 376]

Answer 35

(i) 442. High Court's powers of revision - (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly. (ii) 430. Suspension of sentence pending the appeal; release of appellant on bail - (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond: Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail. (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto. (3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,— (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. [BNSS, 2023 (i) Sec. 442, (ii) 430]

Answer 36

The Deputy Registrar is authorised to examine and impound under Section 33(2) (b) of the Indian Stamp Act, 1899, any instrument not duly stamped. [Vol. V- Chapter 1, Part A(a), Rule 14]

Answer 37

No process shall be prepared or issued until the proper fee for the service thereof has been paid, where necessary, but as soon as the process-fee is paid, a receipt in the form contained in the Appendix to these rules shall be granted by the official receiving the same and thereafter the Court-fee label denoting the fee shall be placed on the record of the case and immediately punched. [Vol. V- Chapter 1, Part F, Rule 3]

Answer 38

1. Power to issue notices on an application for Probate or Letters of Administration or for revocation of the same. 2. Power to receive and dispose of an application for the return of a document. 3. Power to dispose of all matters relating to the service of notices or other processes, including substituted service, except the power to dispense with service on pro forma respondents. 4. Power to receive and dispose of an application for the withdrawal of an appeal or a consent-decree or order. 5. Power to receive and dispose of an application under Order XLI, Rule 10, of the Code of Civil Procedure. 6. Power to receive an application for substitution of names in an appeal to the Supreme Court, and to issue notice thereon. [Vol. V- Chapter 3, Part C]

Answer 39

Appellate Decrees: Decrees in English—The decree of the High Court shall be drawn up in English, and shall bear the same date as the judgment. (i) Contents of decree—The decree shall contain the number of the appeal, the names and description of the appellant and respondent, the names of the plaintiff and defendant in the suit, and the description of the Court from whose decree or order the appeal is preferred, with date of such decree or order and shall clearly state the relief granted or other determination of the appeal, in such manner as not to render the reference to other documents necessary, except the decrees of Courts below, when those decrees are affirmed or varied, but not reversed. Note—In all important cases the Deputy Registrar, will if this, can be done without undue delay or inconvenience obtain the signature of counsel of the draft decree. (ii) Decree to mention cost—The decree shall also state the amount of costs incurred in the appeal, and by what parties and in what proportions the same, and the costs incurred in the Courts below, shall be paid. (iii) Decree in pauper appeals—In pauper appeals the provisions of Order XXXIII; Rule 10 of the Code of Civil Procedure shall be observed. The heading of the decree should run— “Appeal in forma pauperis by...” In the body should be inserted — The following Court-fee costs are recoverable by Government as a first charge upon the subject matter, under Order XXXIII, Rule 10 of the Code of Civil Procedure. [Vol. V- Chapter 4, Part H, Rule 6 and 7]

Answer 40

The Judgment shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision, when issues have been framed, the finding or decision of the Court upon each separate issue shall be stated with the reason therefore, unless the finding upon any one or more of the issues be sufficient for the decision of the suit. [Vol. V- Chapter 4, Part G(b), Rule 4]

Answer 41

Rule 2 - Inspection of pending cases by parties or agents — Records of pending cases will be open, as of right, to the inspection of parties or their authorised agents or any Advocate of the Court, who is duly authorised to act in the case or junior counsel whether he be an advocate of a pleader of such duly authorized advocate provided the latter certifies on the application that he has authorized his junior to inspect the record for him. Provided that an Advocate of the Court may inspect the record of any such case on giving an assurance that he is in communication with one of the parties with a view to being retained in it: Provided also that the inspection of a record will not be permitted on the date fixed for hearing without the special order of the Judge or one of the Judges before whom the case is pending. Rule 3 - Access to records — With the exception of the persons above-mentioned to one will be allowed access to the record of a pending case without the special order of Judge. Provided that whenever an inspection of any record of any pending case is considered necessary in connection with Lok Adalat, Mediation, Conciliation or other proceedings conducted under the auspices of the Delhi State Legal Services Authority or Delhi High Court Legal Services Committee, the Chairman of the Authority and/or the Legal Services Committee, as the case may be, shall be competent to grant permission for such inspection. Provided further that any such inspection would be conducted directly under the supervision of one of the officers of the Authority or the Committee, as the case may be. [Vol. V- Chapter 5, Part A, Rule 2 and 3]

Answer 42

Copies required by public officers— Copies of records required for public purposes by public officers as defined in Section 2(17) of the Code of Civil Procedure, of the Central or State Government in India, shall be supplied free of charge, provided the application for copy is endorsed by the Head of the Department concerned. Note—For the purpose of this rule the District Magistrate will be deemed to be the Head of Department when copies of orders passed by Civil, Criminal and Revenue Courts are required by the Prosecuting Agency for the purpose of Appeals and revisions etc., and submission to the Legal Remembrancer to Government, Punjab, under the Law Department Manual. [Vol. V- Chapter 5, Part B, Rule 11]

Answer 43

Court’s power to dispence with compliance with the Rules— The Court may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these Rules and may give such directions in matters of practice and procedure as it may consider just and expedient. [Vol. V- Chapter 7, Part A, Rule 17]

Answer 44

Bench hearing the cases— All matters, coming before the Court under Section 64 of the Act shall be heard by a Division Bench of two Judges, the Chief Justice orders that any particular matter shall be heard by a large Bench. [Vol. V- Chapter 7, Part I, Rule 15]

Answer 45

Matters which shall be disposed of at a Judge’s meeting—Notwithstanding anything contained in the preceding Rule, the following matters shall invariably be taken up and disposed of at a meeting of the Honourable Judges: (i) All matters involving question of principle and policy; (ii) All cases relating to amendment to be made to existing laws or to the statutory rules of the Court; (iii) All matters concerning the High Court as such or all the Honourable Judges; (iv) All matters on which the opinion of all the Honourable Judges is invited by Government; (v) The suspension of Subordinate Judges and District and Sessions Judges; (vi) The promotion of Subordinate Judges and District and Sessions Judges, in cases where it is proposed to pass over an officer; (vii) Recommendations for the grant of pensions to Subordinate Judges and District and Sessions Judges, where it is proposed to recommend that the full pension earned be not allowed. (viii) Annual confedintal remarks on the work of District and Sessions Judges. (ix) Any other matter which may be referred by the Honourable the Chief Justice to a meeting of the Honourable Judges. [Vol. V- Chapter 9, Part A, Rule 2]

Answer 46

Administrative business during vacation — During the vacation the administrative and executive work of the High Court may be carried out by the senior Vacation Judge present at the Court, who may in his discretion pass such orders as may be necessary; provided that any matters decided by a Vacation Judge under this Rule, which would otherwise fall for decision by all the Honourable Judges or by the Honourable the Chief Justice shall be referred to all the Honourable Judges or the Honourable the Chief Justice, as the case may be for confirmation after the vacations. [Vol. V- Chapter 9, Part A, Rule 11]

Answer 47

The Court may, either on its own motion, or on an application of any party, permit an expert witness to testify. In such a case, the Court may pass appropriate orders for recordal of his testimony (including, by hot tubbing technique, etc.), manner of recordal, document relied upon by the expert and the fee payable to him. An illustrative protocol for using the “hot tubbing” technique is provided in ANNEXURE G. The Court may appropriately mould the protocol for hot tubbing, based upon the facts and circumstances of each case. ANNEXURE – G HOT TUBBING ‘Hot-tubbing’ is a technique in which expert witnesses give evidence simultaneously in each other’s presence and in front of the Judge, who puts the same question to each expert witnesses. It is a co-operative endeavour to identify key issues of a dispute and where possible evolve a common resolution for all of them. However, where resolution of issues is not possible, a structured discussion, allows the experts to give their opinions without the constraints of the adversarial process and in a setting which enables them to respond directly to each other. The Judge is thereby not confined to the opinion of only one expert but has the benefit of multiple experts who are rigorously examined in public. When parties to a commercial suit wish to rely on the hot tubbing method to record the deposition of expert witnesses, then the Court may adopt the following procedure: a) Prior to a hearing taking place, the expert witnesses take parting a meeting, at a mutually convenient place, where they prepare a Joint Statement which shall be filed before Court. b) The Joint Statement shall consist of the agreed statement of facts and disputed issues. c) Thereafter, suggested questions to be put to the expert witnesses, shall be filed by the parties. d) A hearing is then conducted on the disputed issues. e) Counsels may put questions to the expert witnesses, as may be permitted by the Court. f) At the end of the proceeding, the Court would draw up the issues on which the expert witnesses agree and the issues on which they disagree. g) On the issues on which the expert witnesses disagree, the Court shall record their statements. [DHC (OS) Rules, 2018, Chapter 11, Rule 6 and Annexure ‘G’]

Answer 48

When parties to a commercial suit wish to rely on documents/ information that are commercially or otherwise confidential in nature, the Court may constitute a Confidentiality Club so as to allow limited access to such documents/ information. In doing so, the Court may setup a structure/protocol, for the establishment and functioning of such Club, as it may deem appropriate. An illustrative structure/protocol of the Confidentiality Club is provided in ANNEXURE F. The Court may appropriately mould the structure/ protocol of the Club, based upon the facts and circumstances of each case. ANNEXURE F PROTOCOL OF CONFIDENTIALITY CLUB Procedure to be followed in dealing with confidential documents/ information Upon hearing of an application, the Court may allow constitution of a Confidentiality Club in the following manner:- a) All documents/ information considered as confidential (“Confidential Documents/Information”) by the Court shall be permitted to be filed in a sealed cover to kept in the safe custody of Registrar General. b) Each party shall nominate not more than three Advocates, who are not and have not been in-house lawyers of either party, and not more than two external experts, who shall constitute the Confidentiality Club. Members of the Confidentiality Club alone shall be entitled to inspect the Confidential Documents/ Information. c) Members of the Confidentiality Club shall be allowed to inspect the Confidential Documents/ Information before the Registrar General, without making copies thereof. After the inspection, the Confidential Documents/ Information shall be resealed and kept in the custody of the Registrar General. d) Members of the Confidentiality Club shall not make copies of, or disclose, or publish the contents of, the Confidential Documents/ Information to anyone else in any manner or by any means, or in any other legal proceedings and shall be bound by the orders of the Court in this behalf. e) During recordal of evidence with respect to the Confidential Documents/ Information, only members of the Confidentiality Club shall be allowed to remain present. f) During proceedings of the Court, when the Confidential Documents/ Information are being looked at or their contents discussed, only members of the Confidentiality Club shall be permitted to be present. g) The Court may in its discretion and in an appropriate case, permit copies of the Confidential Documents to be given to the opposite party after redacting confidential information therefrom, if such redaction be possible and not otherwise. h) Any evidence by way of affidavit or witness statement containing confidential information derived from the Confidential Documents/ Information shall be kept in a sealed cover with the Registrar General and would be accessible only to the members of the Confidentiality Club. However, a party filing such evidence by way of affidavit shall, if so directed by the Court, give to the opposite party, a copy of such affidavit after redacting therefrom the confidential information, if such redaction is possible and not otherwise. i) The Confidential Documents/ Information shall not be available for inspection after disposal of the matter, except to the Party producing the same. j) In cases where the Confidentiality Club is constituted or documents are directed to be kept confidential, the Court may consider extending the time for filing of pleadings. However, the same shall be within the overall limits prescribed by the applicable provisions. [DHC (OS) Rules, 2018, Chapter 7, Rule 17 and Annexure ‘F’]

Answer 49

Reference to two or more Judges.—A Judge, before whom any suit, application or other proceeding, interlocutory or otherwise, is pending, may, if he thinks fit, refer it or any question of law, practice or procedure arising therein to the Chief Justice, for constituting a Bench of two or more Judges to decide the same. If only a question has been referred, the Judge shall, after receipt of a copy of the judgment of the Bench so constituted, proceed to dispose of such suit, application or proceeding in conformity therewith. [DHC (OS) Rules, 2018, Chapter 2, Rule 2]

Answer 50

As per Rule 3, Chapter 2, the Registrar may dispose of an application seeking withdrawal of Vakalatnama of an Advocate and discharge by Advocate. [DHC (OS) Rules, 2018, Chapter 2, Rule 3]

Answer 51

Endorsements and verification.- At the foot of every pleading there shall appear the name, enrolment number, address, phone number, mobile number, e-mail id and all other contact particulars of the Advocate and shall be signed by the Advocate, if any, who has drawn it. It shall also contain the name of a Senior Advocate/ Advocate, who may have settled it. Every pleading shall be signed and verified by the party concerned in the manner provided by the Code. Registry shall return, with objections, any pleadings that do not comply with this Rule. [DHC (OS) Rules, 2018, Chapter 3, Rule 2]

Answer 52

Process and copying fee - In all proceedings, on the Original Side of the Court, process fee and copying fee shall be charged in accordance with rules in force immediately before the appointed day, fixed under Section 3 of the Delhi High Court Act of 1966, or in accordance with these Rules. [DHC (OS) Rules, 2018, Chapter 1, Rule 13]

Answer 53

Extension of time for filing written statement.— If the Court is satisfied that the defendant was prevented by sufficient cause for exceptional and unavoidable reasons in filing the written statement within 30 days, it may extend the time for filing the same by a further period not exceeding 90 days, but not thereafter. For such extension of time, the party in delay shall be burdened with costs as deemed appropriate. The written statement shall not be taken on record unless such costs have been paid/ deposited. In case the defendant fails to file the affidavit of admission/ denial of documents filed by the plaintiff, the documents filed by the plaintiff shall be deemed to be admitted. In case, no written statement is filed within the extended time also, the Registrar may pass orders for closing the right to file the written statement. [DHC (OS) Rules, 2018, Chapter 7, Rule 4]

Answer 54

Errors how rectified after decree sealed.— After a decree or order has been signed, any application to rectify any inaccuracy, other than a clerical or arithmetical error and to make it in accordance with the judgment, shall be made to the Judge who passed the decree or order, or in the event of his absence, to any other Judge, and the Judge may, after notice to parties, when he deems it necessary, amend the same so as to bring it into conformity with the judgment, or rectify such inaccuracy or error. Save as aforesaid, no alternation or variation shall be made without a review of judgment, and re-hearing under the provisions of Section 114 and Order XLVII of the Code. [DHC (OS) Rules, 2018, Chapter 14, Rule 10]

Answer 55

Pardahnashin women.— Where the deponent is a Pardahnashin woman, unless she is known to the person attesting the affidavit, she shall be identified by a person to whom she is known, and that person shall also prove the identification by a separate affidavit. [DHC (OS) Rules, 2018, Chapter 19, Rule 8]

Answer 56

Powers of Receiver.— In the absence of any order in that behalf every receiver of immovable property shall have all the powers specified in Order XL, rule (d) of the Code, except that he shall not without the leave of the Court— (a) grant lease, or (b) bring suits, except suits for rent, or (c) institute an appeal in any Court (except from a decree in a rent suit) where the value of the appeal is over Rs.1,00,000/-; or (d) expend on the repairs of any property in any period of two years more than one-fourth of the annual rental of the property to be repaired, such rental being calculated at the amount at which the property to be repaired could be let out within fair state of repairs. [DHC (OS) Rules, 2018, Chapter 20, Rule 8]

Answer 57

Contents of the Bill of costs.— The Bill of costs shall, inter-ali, set out:— (a) court fee (b) process fee spent; (c) expenses of witnesses, including the actual reasonable expenses incurred on travel, boarding and lodging, if any, and other incidental expenses; (d) Advocate’s fee including the fee of a Senior Advocate, if any; (e) expenses of typing, photocopying and expenses incurred for sending summons by Registered post, speed post, courier, fax, electronic mail service and by such other modes as may have been directed by Court. (f) such other amounts as may be allowable under these Rules or as may be ordered by the Court as costs taking into account:— (i) judicial time consumed in litigation; (ii) delay in service of summons or efforts made in serving summons on the defendant, as the case may be; (iii) delay caused by any of the parties by raising frivolous issues or unnecessary objections during the proceedings or during recording of evidence; (iv) failure of a party to effect discovery of documents or its refusal to answer interrogatories; (v) incorrect denial of facts/ documents, thus, protracting trial; (vi) monetary and other stakes involved in the proceedings; (vii) costs incurred on execution of commission; and (viii) any other cost which Court may deem fit and proper. [DHC (OS) Rules, 2018, Chapter 23, Rule 5]

Answer 58

'Information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include “file notings”. [The Right to Information Act, 2005, Section 2(f)]

Answer 59

As per Section 19 of the RTI Act, 2005 Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order. (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party. (5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request. (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof as the case may be, for reasons to be recorded in writing. (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding. (8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to— (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including— (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; (b) require the public authority to compensate the complainant for any loss or other detriment suffered; (c) impose any of the penalties provided under this Act; (d) reject the application. (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority. (10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed. As per Rule 7 of DHC RTI Rules, 2006 (i) Any person- (a) who fails to get a response in Form C or Form D from the authorized person within 30 days of submission of Form A, or (b) is aggrieved by the response received within the prescribed period, appeal in Form F to the Appellate Authority. (ii) On receipt of the appeal the Appellate Authority shall acknowledge the receipt of the appeal and after giving the appellant an opportunity of being heard, shall endeavor to dispose it of within thirty days from the date on which it is presented and send a copy of the decision to the authorized person concerned. In case the appeal is allowed, the information shall be supplied to the applicant by the authorized person within such period as ordered by the Appellate Authority. This period shall not exceed thirty days from the date of the receipt of the order.

Answer 60

Severability.— (1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. (2) Where access is granted to a part of the record under sub‑section (1), the Central Public Information Officer or State Public Information Officer, as the case may be shall give a notice to the applicant, informing,— (a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided; (b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based; (c) the name and designation of the person giving the decision; (d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and (e) his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub‑section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access. [The Right to Information Act, 2005, Section 10]

Answer 61

Penalties.— (1) Where the CIC or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the CPIO or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. (2) Where the CIC or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the CPIO or the State Public Information Officer, as the case may be, under the service rules applicable to him. [The Right to Information Act, 2005, Section 20]

Answer 62

Exemption from disclosure of information.— (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,— (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; (b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; (c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; (f) information received in confidence from foreign Government; (g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; (h) information which would impede the process of investigation or apprehension or prosecution of offenders; (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; (j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. (2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act. [The Right to Information Act, 2005, Section 8]

Answer 63

Act not to apply in certain organisations.— (1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: \Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. (2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule. (3) Every notification issued under sub-section (2) shall be laid before each House of Parliament. (4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. (5) Every notification issued under sub-section (4) shall be laid before the State Legislature. [The Right to Information Act, 2005, Section 24]

Answer 64

Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder. [The Right to Information Act, 2005, Section 21]

Answer 65

Exemption from Payment of Fee – No fee under rule 10. (i) (A) and rule 10.(i) (B) shall be charged from any person who is below poverty line provided a copy of the certificate issued by the appropriate Government in this regard is submitted along with the application. As per Section 7 (5) of RTI Act, 2005, where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed: Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government. [DHC (RTI) Rules, 2006, Rule 10 (C) read with Section 7(5) of RTI Act, 2005]

Answer 66

Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in fumishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees. [The Right to Information Act, 2005, Section 20]

Answer 67

Bar of jurisdiction of courts.— No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. [The Right to Information Act, 2005, Section 23]

Answer 68

Chapter III - Procedure for Video Conferencing 6. Application for Appearance, Evidence and Submission by Video Conferencing: 6.1 Any party to the proceeding or witness, save and except where proceedings are initiated at the instance of the Court, may move a request for video conferencing. A party or witness seeking a video conferencing proceeding shall do so by making a request via the form prescribed in Schedule II. 6.2 Any proposal to move a request for video conferencing should first be discussed with the other party or parties to the proceeding, except where it is not possible or inappropriate, for example in cases such as urgent applications. 6.3 On receipt of such a request and upon hearing all concerned persons, the Court will pass an appropriate order after ascertaining that the application is not filed to impede a fair trial or to delay the proceedings. 6.4 While allowing a request for video conferencing, the Court may also fix the schedule for convening the video conferencing. 6.5 In case the video conferencing event is convened for making oral submissions, the order may require the Advocate or party in person to submit written arguments and precedents, if any, in advance on the official email ID of the concerned Court. 6.5 Costs, if directed to be paid, shall be deposited within the prescribed time, commencing from the date on which the order convening proceedings through video conferencing is received.

Answer 69

As per Rule 16 of Video Conferencing Rules, Allowing persons who are not parties to the case to view the proceedings 16.1 To observe the requirement of an open Court proceeding, members of the public will be allowed to view Court hearings conducted through video conferencing, except proceedings ordered for reasons recorded in writing to be conducted in-camera. The Court shall endeavour to make available sufficient links (consistent with available bandwidth) for accessing the proceedings. 16.2 Where, for any reason, a person unconnected with the case is present at the Remote Point, that person shall be identified by the Coordinator at the Remote Point at the start of the proceedings and the purpose of the presence of that person shall be conveyed to the Court. Such a person shall continue to remain present only if ordered so by the Court.

Answer 70

The High Court of Delhi at New Delhi issued Practice Directions under No. 69/Rules/DHC/2019 on December 5, 2019, in exercise of the powers conferred by Section 7 of the Delhi High Court Act. These Practice Directions pertain to the procedures and guidelines for Civil Miscellaneous (Main) Petitions under Article 227 of the Constitution of India and Civil Revision Petitions under Section 115 of the Code of Civil Procedure, 1908. Here are the key points from these directions: 1. Advance Service of Petition: * In cases where a petition arises from an order in a proceeding before a lower court, an advance copy of the paper book must be served on each opposite party or their counsel, except for those who have been proceeded ex parte in the lower court. * When the opposite party is a government entity, the advance copy should be served directly on their nominated counsel, not the government department itself. * The petitioner must inform all opposite parties about the filing and likely date of listing of the petition and provide written proof of such intimation. 2. Service of Petition other than by Personal Service: * Service by UPC (Unregistered Post with Certificate of Posting) will not be accepted as adequate proof of service. * Service by Registered post A/D (Acknowledgment Due), speed post, or courier service is acceptable as proof of service, effective three clear days after the last date of despatch. * Service by email is also accepted if accompanied by an affidavit confirming delivery and specifying the date for listing. 3. Details of Mobile Phone Numbers and Email Addresses: * Petitioners must mention the name, mobile number, and email address of each opposite party or their counsel in the memo of parties. This information will be used for auto-generated SMS/email notifications about the petition's progress. 4. Copies of Pleadings and Order Sheets: * Petitioners should file relevant pleadings of the original proceedings, relevant order sheets, issues framed in the case, and relevant interim applications and documents they intend to rely upon. * Self-certification by the petitioner's counsel is sufficient for document copies. 5. Appearance on the First Date of Listing: * Opposite parties wishing to oppose the petition or any interim application must appear in person or through counsel on the first date of listing. * Failure to appear may result in the court proceeding without further notice. 6. No Inherent Right to File a Reply: * Generally, opposite parties do not have an inherent right to file a reply to the petition; the court may decide the case based on the grounds raised in the petition and the record. * In exceptional circumstances, the court may permit an opposite party to file a reply. 7. Strict Compliance: * The practice directions emphasize strict compliance, and petitions not complying with these directions will not be listed by the registry. These Practice Directions came into force on December 15, 2019, and were intended to streamline procedures and promote efficiency in handling Civil Miscellaneous (Main) Petitions and Civil Revision Petitions before the High Court of Delhi.

Answer 71

HIGH COURT OF DELHI AT NEW DELHI No. 43/Rules/DHC Dated: 19.09.2016 PRACTICE DIRECTIONS Hon’ble the Chief Justice, on the recommendations of the “Rules Committee under Section 123 of CPC” of this Court has been pleased to issue following practice directions:- No Judicial Officer shall be appointed as a Receiver in any proceedings in the Court of Law. These Practice Directions shall come into force with immediate effect. By Order Sd/- (VINOD GOEL) REGISTRAR GENERAL

Answer 72

HIGH COURT OF DELHI AT NEW DELHI No.66/Rules/DHC Dated: 04.09.2019 PRACTICE DIRECTIONS In exercise of powers under Section 18 of the Commercial Courts Act, 2015, Hon’ble the Chief Justice, on the recommendations of the the Hon’ble Judges of the Original Side has been pleased to issue the following Practice Direction for information and compliance by all concerned: “An advance copy of the suit/petition/proceeding falling under Section 20A of the Specific Relief Act, 1963 together with annexures thereto, if any, shall be served upon each opposite party. In the event, the opposite party is the Union of India; a State Government, a Statutory Authority, a Public Sector Undertaking, or a Government Department etc., who may have nominated Senior/Standing Counsel; Nominated Counsel or Empanelled Counsel, such advance copy shall be served directly upon such Counsel (other than a Senior Advocate), under written endorsement of service, and not directly served upon Union of India/State Government/the concerned department, as the case may be. The plaintiff/petitioner/applicant shall also intimate all opposite parties in the matter about the filing and likely date of listing of the said suit/petition/proceeding. The suit/petition/proceeding shall be accompanied by written proof of such intimation and their respective service, besides indicating name(s) of all opposite parties in the matter. The suit/petition/proceeding shall not be listed by the Registry unless it complies with this Rule.” The Practice Directions shall come into force with immediate effect. By Order Sd/- (DINESH KUMAR SHARMA) REGISTRAR GENERAL

Answer 73

HIGH COURT OF DELHI AT NEW DELHI No. 74/Rules/DHC Dated: 16.03.2021 PRACTICE DIRECTIONS Hon’ble the Chief Justice, on the recommendation of the “Rules Committee under Section 123 of CPC which also look into Delhi High Court (Original Side) Rules, 2018 and ancillary matters” is pleased to issue the following Practice Directions:- “A4 size paper be used uniformly in all jurisdictions for all kind of pleadings contained in petitions, affidavits, applications or other documents etc, and all memorandum of appeals, orders and judgments in the High Court as well as in all District Courts of Delhi. The A4 size paper to be used as above shall confirm to the following specification of paper and formatting style :- A4 size paper (29.7 cm X 21 cm) having not less than 75 GSM with font – Times New Roman, font size 14, in 1.5 line spacing (for quotations and indents – font size 12 in single line spacing), with margin of 4 cm on left & right and 2 cm on top & bottom.” The printing / typing shall be on one side of the paper till further directions in the matter. These Practice Directions shall come into force w.e.f. 01.04.2021. By Order Sd/- (MANOJ JAIN) REGISTRAR GENERAL

Answer 74

Continuous running of time – Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it: Provided that, where letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues. [The Limitation Act, 1963, Sec. 9]

Answer 75

In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded. [The Limitation Act, 1963, Sec. 12(2)]

Answer 76

Effect of fraud or mistake – 1) Where, in the case of any suit or application for which a period of limitation is prescribed by this Act, – a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or b) the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; or c) the suit or application is for relief from the consequences of a mistake; or d) where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him, the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production: Provided that nothing in this section shall enable any suit to be instituted or application to be made to recover or enforce any charge against, or set aside any transaction affecting, any property which – (i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to believe, that any fraud had been committed, or (ii) in the case of mistake, has been purchased for valuable consideration subsequently to the transaction in which the mistake was made, by a person who did not know, or have reason to believe, that the mistake had been made, or (iii) in the case of a concealed document, has been purchased for valuable consideration by a person who was not a party to the concealment and, did not at the time of purchase know, or have reason to believe, that the document had been concealed. 2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the court may, on the application of the judgment-creditor made after the expiry of the said period extend the period for execution of the decree or order: Provided that such application is made within one year from the date of the discovery of the fraud or the cessation of force, as the case may be. [The Limitation Act, 1963, Sec. 17]

Answer 77

Disability of one of several persons – Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased. Explanation I – This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property. Explanation II – For the purposes of this section, the Manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property. [The Limitation Act, 1963, Sec. 7]

Answer 78

Twelve years – from when the mortgagee becomes entitled to possession.

Answer 79

Three years – from when the arrears become due.

Answer 80

Thirty days – from the date of the sentence.

Answer 81

Thirty days – from the date of dismissal.

Answer 82

Extension of prescribed period in certain cases – Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation – The fact that the appellant or the applicant was missed by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section. [The Limitation Act, 1963, Sec. 5]

Answer 83

Effect of substituting or adding new plaintiff or defendant 1) Where after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. 2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff. [The Limitation Act, 1963, Sec. 21]

Answer 84

Section 22. Continuing breaches and torts – In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues. [The Limitation Act, 1963, Sec. 22]

Answer 85

Section 24. Computation of time mentioned in instruments – All instruments shall for the purposes of this Act be deemed to be made with reference to the Gregorian calendar. [The Limitation Act, 1963, Sec. 24]

Answer 86

Section 14 of The Limitation Act, 1963 deals with the defect of jurisdiction.

Answer 87

In suits for movable property of no market-value.— (a) for movable property where the subject matter has no market-value, as, for instance, in the case of documents relating to title, according to the amount at which the relief sought is valued in the plaint or memorandum of appeal : In all such suits the plaintiff shall state the amount at which he values the relief sought. [The Court Fees Act, 1870, Section 7(iv) (a)]

Answer 88

As per Section 35 of The Court Fees Act, 1870, The appropriate Government may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of the territories; under its administration, all or any of the fees mentioned in the first and second schedules to this Act annexed, and may in like manner cancel or vary such order.

Answer 89

As per Section 19H of The Court Fees Act, 1870, notice of applications for probate or letters of administration to be given to Revenue authorities, and procedure thereon.

Answer 90

Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed.— In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed. [The Court Fees Act, 1870, Section 11]

Answer 91

Refund where Court reverses or modifies its former decision on ground of mistake.— Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the second schedule to this Act, No. 1, clause (b) or clause (d). But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing. [The Court Fees Act, 1870, Section 15]

Answer 92

As per section 16A of the Court Fees (Delhi Amendment) Act, 2010: (i) If a suit is dismissed as settled out of court before evidence is recorded; or (ii) If a suit is compromised ending in compromise decree before evidence is recorded; or (iii) An appeal is disposed of before the commencement of hearing of such appeal. then, half of the amount of all fees paid in respect of the claim or claim in suit or claim in appeal shall be ordered by the court to be refunded to the parties by whom the same has been respectively paid. [The Court Fees Act, 1870 (Delhi Amendment) 2010, Section 16A]

Answer 93

Probate of a will or letters of administration with or without will annexed. When such amount or value exceeds fifty thousand rupees: Proper fee is Three per centum on such amount or value. [The Court Fees Act, 1870, Schedule I]

Answer 94

Section 20 of The Court Fees Act, 1870 deals with costs of processes.

Answer 95

Fee on memorandum of appeal against order relating to compensation.— The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant. [The Court Fees Act, 1870, Section 8]

Answer 96

Section 19 of the Court Fees Act deals with “Exemption of certain documents”.

Answer 97

Certificate under the Succession Certificate Act, 1889 Proper Fee- Two per centum on the amount or value of any debt or security. Specified in the certificate under section 8 of the Act, and three per centum on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act. NOTE.- (1) The amount of a debt is its amount, including interest, on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be ascertained. (2) Whether or not any power with respect to a security specified certificate has been conferred under the Act, and, where such a power has been so conferred, whether the power is for the receiving of interests or dividends on, or for the negotiation or, transfer, of the security, or for both purposes, the value of the security is its market-value on the day on which the inclusion of the security in the certificate is applied for as far as such value can be ascertained. [The Court Fees Act, 1870, Schedule I]

Answer 98

No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.— No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder or non-joinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court: Provided that nothing in this section shall apply to non-joinder of a necessary party. [The Code of Civil Procedure, 1908, Section 99]

Answer 99

Second appeal on no other grounds.— No second appeal shall lie except on the ground mentioned in section 100. [The Code of Civil Procedure, 1908, Section 101]

Answer 100

No appeal shall lie from a decree passed by the Court with the consent of parties. [The Code of Civil Procedure, 1908, Section 96(3)]

Answer 101

Orders from which appeal lies.— (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:— (ff) an order under section 35A; (ffa) and order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be; (g) an order under section 95; (h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree; (i) any order made under rules from which an appeal is expressly allowed by rules: Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made. (2) No appeal shall lie from any order passed in appeal under this section. [The Code of Civil Procedure, 1908, Section 104(1)(g)]

Answer 102

Suit not abated by marriage of female party.— (1) The marriage of a female plaintiff or defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with to judgment, and, where the decree is against a female defendant, it may be executed against her alone. (2) Where the husband is by law liable for the debts of his wife, the decree may, with the permission of the Court, be executed against the husband also; and in case of judgment for the wife, execution of the decree may, with such permission, be issued upon the application of the husband, where the husband is by law entitled to the subject-matter of the decree. [The Code of Civil Procedure, 1908, Order XXII, Rule 7]

Answer 103

REVISION: (1) The High Court may call for the record of any case which has been decide by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears— (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit:— Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings. (2) The High Court shall not, under this section vary or reverse any decree or order against which an appeal lies either to the High Court or to any court subordinate thereto. (3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court. Explanation.- In this section, the expression “any case which has been decided” includes any order made, or any order deciding an issue, in the course of a Suit or other proceeding. [The Code of Civil Procedure, 1908, Section 115]

Answer 104

Where suit is instituted without next friend, plaint to be taken off the file.— (1) Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented. (2) Notice of such application shall be given to such person, and the Court, after hearing his objections (if any) may make such order in the matter as it thinks fit. [The Code of Civil Procedure, 1908, Order XXXII, Rule 2]

Answer 105

Examination of serving officer.— Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching his proceedings, and may make such further enquiry in the matter as it thinks fit; and shall either declare that the summons has been duly served or order such service as it thinks fit. [The Code of Civil Procedure, 1908, Order V, Rule 19]

Answer 106

Substitution of letter for summons.— (1) The Court may, notwithstanding anything hereinbefore contained, substitute for a summons a letter signed by the Judge or such officer as he may appoint in this behalf, where the defendant is, in the opinion of the Court, of a rank entitling him to such mark of consideration. (2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a summons, and, subject to the provisions of sub-rule (3), shall be treated in all respect as a summons. (3) A letter so substituted may be sent to the defendant by post or by a special messenger selected by the Court, or in any other manner which the Court thinks fit; and, where the defendant has an agent empowered to accept service, the letter may be delivered or sent to such agent. [The Code of Civil Procedure, 1908, Order V, Rule 30]

Answer 107

One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.— Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case may be. [The Code of Civil Procedure, 1908, Order XLI, Rule 4]

Answer 108

No abatement by party’s death if right to sue survives.— The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. [The Code of Civil Procedure, 1908, Order XXII, Rule 1]

Answer 109

Mode of taking additional evidence.— Wherever additional evidence is allowed to be produced, the Appellate Court may either take such evidence, or direct the Court from whose decree the appeal is preferred, or any other subordinate Court, to take such evidence and to send it when taken to the Appellate Court. [The Code of Civil Procedure, 1908, Order XLI, Rule 28]

Answer 110

22. Sentences which High Courts and Sessions Judge may pass – 1) A High Court may pass any sentence authorised by law. 2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. 23. Sentences which Magistrates may pass – 1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. 2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service. 3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service. Explanation—"Community service" shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

Answer 111

As per Section 414, Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior - Any person,— Any person,— (i) who has been ordered under section 136 to give security for keeping the peace or for good behaviour, or (ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 140, may appeal against such order to the Court of Session: Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141. [BNSS, 2023, Sec. 414]

Answer 112

No appeal in petty cases – Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely:— (a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; [BNSS, 2023, Sec. 417 (a)]

Answer 113

378. Appeal in case of acquittal. (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5), - (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may, subject to the provision of sub-section (3), also direct the Public Prosecutor to present an appeal – (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.] (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under subsection (1) or under sub-section (2). [Criminal Procedure Code, 1973, Sec. 378]

Answer 114

Special right of appeal in certain cases - Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such person, all or any of the persons convicted at such trial shall have a right of appeal. [Criminal Procedure Code, 1973, Sec. 380]

Answer 115

Procedure when appellant in jail - If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court. [Criminal Procedure Code, 1973, Sec. 383]

Answer 116

Abatement of appeals – (1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. Explanation.— In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister. [Criminal Procedure Code, 1973, Sec. 394]

Answer 117

High Court's powers of revision – (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly. [Criminal Procedure Code, 1973, Sec. 401]

Answer 118

If upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily. [Criminal Procedure Code, 1973, Sec. 384(1)]

Answer 119

416. No appeal in certain cases when accused pleads guilty – Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,— (a) if the conviction is by a High Court; or (b) if the conviction is by a Court of Session, or Magistrate of the first or second class, except as to the extent or legality of the sentence. [BNSS, 2023, Sec. 416]

Answer 120

Article 34. Restriction on rights conferred by this Part while martial law is in force in any area.— Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

Answer 121

Article 13. Laws inconsistent with or in derogation of the fundamental rights.— (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. (3) In this article, unless the context otherwise requires,— (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. (4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.

Answer 122

Article 14 – Legal equality and equal protection under the law. Article 20 – Protection in respect of conviction for offenses. Article 21 – Protection of life and liberty Article 21(A) – Right to primary education Article 22 – Protection against arrest and imprisonment in certain circumstances Article 23 – Prohibition of human trafficking and forced labor Article 24 – Prohibition of child labor in factories. Article 25 – Freedom of conscience and free profession, practice, and propagation of religion. Article 26 – Freedom to manage religious affairs. Article 27 – Freedom from payment of taxes for promotion of any religion. Article 28 – Freedom from religious instruction or worship in certain educational institutions.

Answer 123

Article 24. Prohibition of employment of children in factories, etc.— No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Answer 124

Article 32. Remedies for enforcement of rights conferred by this Part.— (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Answer 125

Article 50. Separation of judiciary from executive.— The State shall take steps to separate the judiciary from the executive in the public services of the State.

Answer 126

Article 42. Provision for just and humane conditions of work and maternity relief.— The State shall make provision for securing just and humane conditions of work and for maternity relief.

Answer 127

Article 39A. Equal justice and free legal aid.— The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Answer 128

Article 44. Uniform civil code for the citizens.— The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Answer 129

Article 51A. Fundamental duties.— It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Answer 130

Article 43A. Participation of workers in management of industries.— The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

Answer 131

This statement is a Directive Principles of State Policy. [Article 38 of The Constitution of India]

Answer 132

Article 21A. Right to education — The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Answer 133

i) Ready List: The Registrar shall keep a list of all cases pending before the Court, and shall, at the commencement of each class separately, to be called the “ready list”. The cases in the “ready list” shall be arranged year-wise in each class separately in the order of their registration, and the list shall be added to from time to time as and when fresh cases become ready for hearing. [Chapter 3 rule 9 sub rule 2, Delhi High Court Rules Vol. V] ii) "prescribed" means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be; [Section 2 (g) of The RTI Act, 2005] iii) For the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority. [Section 4 of The RTI Act, 2005] iv) ‘authorized person’ means Public Information Officers and Assistant Public Information Officers designated as such by the Chief Justice of the Delhi High Court; [Rule 2 (c) of Delhi High Court RTI Rules, 2006]

Answer 134

i) Permanently ii) One year iii) Thirty Years iv) One yar [Chapter 5 of Volume V]

Answer 135

i) Single Judge ii) Single Judge iii) Single Judge iv) Single Judge [Chapter 3 of Volume V]

Answer 136

If a paper is to be preserved for a period of three years, you should calculate the date when it becomes liable for destruction by adding three years to the date it was originally issued or received. In this case, the paper is dated 15th March 2012. To find out when it becomes liable for destruction, you would add three years to this date: 15th March 2012 + 3 years = 15th March 2015 So, the paper would become liable for destruction on 15th March 2015.

Answer 137

As per Section 7 (3) (a), Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving— (a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section.

Answer 138

A stranger to the suit or appeal or writ or any other proceedings may, after decree or final order, obtain as a right on payment copies of the plaint, memorandum of appeals, petition, written statements, replies, affidavits and petitions filed in the suit of appeal or writ or any other proceedings, and may, for sufficient reasons shown to the satisfaction of the Court, obtain copies of any such documents before decree or final order. Grant of certain copies to strangers. A stranger to the suit or appeal or writ or any other proceedings may also obtain as of right, on payment copies of judgments, decrees of orders, at any time after they have been passed or made. Grant of copies of exhibits to strangers. A stranger to the suit or appeal or writ or any other proceedings has no right to obtain copies of exhibits put in evidence, except with the consent of the person by whom they were produced or under the orders of the Court. [provided under rule 2(ii), (iii) & (iv) of Part-B of Chapter 5 of Delhi High Court Rules, Vol. V]

Answer 139

As per Section 18 (3) of RTI Act, 2005, The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed. As per Section 18 (4) of RTI Act, 2005, Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.

Answer 140

As per Chapter 4, Part H, Rule 7 (iii) of Delhi High Court Rules Vol. V, the decree in pauper appeals how run is as under:- In pauper appeals the provisions of Order XXXIII; Rule 10 of the Code of Civil Procedure shall be observed. The heading of the decree should run— “Appeal in forma pauperis by...” In the body should be inserted — ‘The following Court-fee costs are recoverable by Government as a first charge upon the subject matter, under Order XXXIII, Rule 10 of the Code of Civil Procedure.”

Answer 141

As per Chapter 3, Part C, Rule 3 of Volume V, Duties which the Registrar may be empowered by name to perform— In accordance with the powers vested in them by Clause 35 of the Letters Patent, the Honourable the Chief Justice and Judges of the Punjab High Court have been pleased to direct that any person holding the post of Registrar or the Deputy Registrar of the High Court may be empowered by name by the Honourable the Chief Justice to perform any of the following duties : (a) To decide the question of the necessity for transcribing and printing any documents not specifically applied for by the parties to an appeal to the Supreme Court. (b) To enquire into complaints against legal practitioners and to dismiss in limine those in which no prima facie grounds appear to him to have been made out, either without or after reference to the Bar Council. (c) To issue notice to parties in Criminal References. (d) To hear motions for the admission of first appeals and either to admit them or to direct them to be laid before a Bench for orders. To hear appeals from, or petitions for revision of the order of District Judges in cases affecting their establishment or those of the Courts subordinate to them and to advise the Chief Justice what orders should be passed.

Answer 142

As per Chapter 1, Part C, Rule 10 of Volume V Effect of not presenting application before the date of hearing— Any application under Order XXII CPC, may be presented to a Judge or to Bench (as the case may be) on the date fixed for the hearing of the case; but unless sufficient cause be shown for the application not having been presented in the ordinary course to the Deputy Registrar, before such hearing, the applicant will become liable to pay the costs of any adjournment or postponement caused by the omission to present the application to the Deputy Registrar.

Answer 143

As per Chapter 1, Part B, Rule 2(a) and (b) of Volume V: 2 (a) An application for leave to appeal as a pauper and memorandum shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, under Section 132 or Section 133 of the Civil Procedure Code or any other provision of law. In the latter case the application and memorandum can be presented by an authorised agent who can answer all material questions relating to the application. Such agent may be examined in the same manner as the party represented by him might have been examined, had such party attended in person. (b) Grounds for exemption to be stated if not presented personally—Every such application, if presented by an agent shall state on the face thereof, that the applicant is a person exempted from appearance under Section 132 or Section 133 of the Code of Civil Procedure or any other provision of law and shall not be received unless it contains such statement.

Answer 144

As per Chapter 6, Part E, Rule 5 of Volume V: Procedure to be followed when a Pleader has been expelled by his Bar Association— On receipt of intimation that a pleader has been expelled by his Bar Association from membership, his case should be referred to a single Judge who will decide whether there is a cause for taking action against the lawyer for professional misconduct. If the Judge is of opinion that action for professional misconduct should be taken the case will be dealt with in the same way as other cases of professional misconduct. If he decides that there is so reason to take action for professional misconduct, the lawyer will be allowed to practise although he is not a member of a Bar Association.

Answer 145

As per Rule 10C of Delhi High Court (RTI) Rules, 2006, Exemption from Payment of Fee – No fee under rule 10.(i) (A) and rule 10.(i) (B) shall be charged from any person who is below poverty line provided a copy of the certificate issued by the appropriate Government in this regard is submitted alongwith the application.

Answer 146

An answer to the rule nisi or notice showing cause against such application shall be made in person or through an Advocate by filing an affidavit, engrossed on judicial paper typed in double-spacing and on one side of the paper only, in the office of the Registrar of by depositing the same in the petition box of the Court kept outside the room of the Deputy Registrar (Judicial) between the hours of 10 a.m. and 4 p.m. on any day which is not a Court holiday. The written statement of the affidavit in reply to the writ petition shall not be received by the Registry and shall not be deemed to have been filed unless an advance copy of the same has been served on the counsel for the petitioner and his acknowledgement obtained on the original written statement on a day at least two days before the returnable date of the rule or notice. In a case where the petitioner is not represented by counsel, the written statement or affidavit in reply to the writ petition shall be accompanied by a post office registration receipt showing the despatch of a copy of the same to the petitioner under a registered acknowledgement due cover at least two days before the returnable date of the rule or the notice. Written statement or affidavit sent by a petitioner or respondent to the Registry of the Court by post shall not be entertained by the Court and it shall be liable to be returned per bearing post. All annexures to writ petitions and written statements or affidavits shall unless they are original documents, be typed and engrossed on judicial paper in double spacing on one side of paper only. [Volume V : Rule 6, Part F(b) of Chapter 4]

Answer 147

SCHEDULE I The following vernacular documents are required to be translated— (1) Memorandum of appeal. (2) Petition for revision. (3) Annexures to such memorandum or petition. (4) Copies of decrees, judgments or orders. (5) Application for: (i) review of judgments of the High Court; (ii) appointment of guardian ad litem; (iii) appointment of new parties or representatives of existing or deceased parties; (iv) re-admission of case for— (a) non-appearance, or (b) non-payment of translation, printing and process-fee; (v) stay of execution of decrees; (vi) transfer; (vii) alteration of dates of hearing; (viii) compliance with or connected with the rules relating to the preparation of printed records. (6) Returns to orders of remand of High Court. (7) Objections to orders of remand of High Court. (8) Deed of compromise. Responsibility for accuracy of contents—The parties or their pleaders shall sign the paper book, thus filed, in the left bottom corner of each page, and will be held responsible for the accuracy of the documents of the paper book. [Schedule I Part-D and Rule 2 Part E Chapter 2 of Volume V]

Answer 148

Processing of Jail Petition etc. : (a) Every petition, appeal, revision or application received from Jail shall be received and processed by the Registry in the same manner as any other similar urgent petition, appeal, revision or application received and processed by the Registry except hereinafter provided in this rule and list before the Court on the next working day of its filing or removal of objections, if any. (b) The objections, if any, found after the scrutiny of any petition, appeal, revision or application received from Jail through the “Committee”, shall be immediately returned to the “Committee” for being refiled after removing the objections. (c) If for any reason, there is no advocate appointed to conduct the case of such a person or such a person has refused to accept the Legal Aid, the matter shall be placed before the Court and the Court may proceed to appoint an Amicus Curie, for assisting the Court on behalf of such a person. (d) If the petition, appeal, revision or an application or any document, judgment or order(s), not in English, is received unaccompanied by its English translation, the same shall not be returned by the Registry but the Registry shall itself get it translated. (e) Where a petition, appeal, revision or application has been returned to the “Committee”, after scrutiny for removing the defects and such defects have not been removed within the time prescribed, the same shall be brought to the notice of the Secretary of the “Committee”, by the Registry. (f) If the petition, appeal, revision or application is refiled after the expiry of the prescribed period, the matter shall be placed before Court by the Registry soon after it is filed for further directions with its report. (g) In the list of the Court where any petition, appeal, revision or application received from Jail is directed to be listed, the name of the Advocate appearing on behalf of the “Committee”, shall be shown along with the acronym “DHCLSC”. Communication of Order/Judgment: (a) In all cases where a person is in custody, the order/judgment passed by the court, in addition to the usual mode of communication, shall also be sent a digitally signed order/judgment through e-mail at designated e-mail address of the Jail Superintendent, Tihar Jail and a copy thereof shall also be forwarded to the Delhi High court Legal Services Committee through e-mail at its designated e-mail address. (b) In case of an order of acquittal passed by the Court or a person being admitted to bail, the Jail Superintendent of the concerned Jail shall be required to send a compliance report to the Court of concerned Judge through Registry of High Court. In case, however, no such compliance is received within a period of one month from the date of passing of such order, the Registry of High Court shall place the file of the case before the Court, without any delay. [Ch. 1 Part A (C-2 & 3) of Volume V]

Answer 149

As per Section 11 of RTI Act, 2005 Third party information — (1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. (2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, tinder sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure. (3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party. (4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

Answer 150

As per Chapter 6, Part L, Rule 5 and 7 of Volume V: 5. Eligibility Conditions: No person shall be eligible for being designated as Senior Advocate unless he / she – (i) has practiced as an Advocate at the Bar for not less than 10 years; (ii) is enrolled with a Bar Council constituted under the Advocates Act, 1961; (iii) has been mainly practising in the High Court of Delhi and the Courts Subordinate to it; and (iv) has appeared and argued cases or provided legal services pro-bono. Explanation: The eligibility condition with regard to minimum standing as a practising Advocate shall not apply to retired Judicial Officers of Delhi or those who have resigned having service and / or practice of 10 years at their credit and retired High Court Judges. 7. Procedure for designation of an Advocate as Senior Advocate. An advocate may be considered by the High Court for being designated as Senior Advocate either (A) Suo Motu by the High Court or (B) on an application by an Advocate. (A) Procedure Suo Motu: (i) An Advocate who fulfils the eligibility conditions prescribed hereinbefore, may be considered suo moto by the High Court for being designated as a Senior Advocate either on the written proposal of a Judge of the High Court or of Hon’ble the Chief Justice of the High Court. (ii) Such written proposal of a Judge or of Hon’ble the Chief Justice shall be sent to the Registrar General who shall forward it to the Secretariat after obtaining a consent–cum–personal information sheet (Annexure-A to these Rules) duly filled in and signed by the Advocate concerned. (B) Procedure on application by an Advocate: Any Advocate who fulfils the eligibility conditions prescribed hereinbefore may submit a written application for being designated as Senior Advocate to the Registrar General who shall forward it to the Secretariat after obtaining a consent cum-personal information sheet (Annexure-A to these Rules) duly filled in and signed by the Advocate concerned.]

Answer 151

As per Rule 4 of Delhi High Court (RTI) Rules, 2006, Disposal of application by the authorized person – (i) Deleted (ii) If the requested information falls within the authorized person's jurisdiction and is also in one or more of the categories listed/mentioned in the Section 8 and 9 of the Act, the authorized person, on being satisfied, will issue the rejection order in Form D as soon as practicable, preferably within 15 days and in any case not later than 30 days from the date of receipt of the application. (iii) If the requested information falls within the authorized person's jurisdiction, but not in one or more of the categories listed in Section 8 and 9 of the Act, the authorized person, on being so satisfied, shall supply the information to the applicant in Form E, falling within its jurisdiction. In case the information sought is partly outside the jurisdiction of the authorized person or partly falls in the categories listed in Section 8 and 9 of the Act, the authorized person shall supply only such information as is permissible under the Act and is within its own jurisdiction and reject the remaining part giving reasons therefor. (iv) Deleted (v) The information shall be supplied as soon as practicable, preferably within 15 days, and in any case not later than 30 days from the date of receipt of the application. However, the date of the application shall be deemed to be the date of deposit of the entire fee or the balance fee or deficit amount of the fee to the authorized person. A proper acknowledgment shall be obtained from the applicant in token of receipt of information after production of Form B.

Answer 152

Custody of Records - The Registrar General shall have custody of records of the Court, and no record or document filed in any cause or matter, shall be allowed to be taken out of the custody of the Court without leave of Court/Registrar General/ Registrar. [Chapter 1, Rule 10 of DHC OS Rules]

Answer 153

“Registrar” means and includes the Registrar and Joint Registrar, respectively of the Court, and includes any other officer of the Court to whom the powers and functions of the Registrar under these Rules, may be delegated or assigned. [Chapter 1, Rule 4 (K) of DHC OS Rules]

Answer 154

As per Chapter 26, Rule 2 of Delhi High Court (OS) Rules, The Registry shall not return election petitions to the party filing the same under any circumstances once it has been presented. The defects/ objections if any pointed out by the Registry shall be placed before the Judge for orders:

Answer 155

In all applications by a creditor for letters of administration, it shall be stated particularly how the debt arose and whether the applicant has any, and if so what, security for the debt. [Rules 4 Chapter 29 of DHC OS Rules]

Answer 156

As per Annexure ‘E’, Rule 5 of Practice Directions mentioned in DHC (OS) Rules, in commercial cases, the index of the case shall also specify whether the originals of the documents filed are in the power, possession, control or custody of the party filing the same as also the mode of execution, issuance or receipt and line of custody of each document [Order XI rule 1(2) of the Code]. The Registry will ensure that the plaints, petitions, applications and presented.

Answer 157

As per Rule 5 of Order XXII of Civil Procedure Code, Determination of question as to legal representative - Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court: Provided that where such question arises before an Appellate Court, that Court may, before determining the question, direct any subordinate Court to try the question and to return the records together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate Court may take the same into consideration in determining the question.

Answer 158

Examination de bene esse.—Notwithstanding anything contained in these Rules, commissions for examination of parties and/or witness de bene esse may be issued at any time where the Court considers it not possible for such examination to be conducted by Court. [Chapter 12, Rule 9 of DHC (OS) Rules]

Answer 159

Matters to be entered into the Database.—Relevant data of following matters shall be entered into the Database, namely: - (i) rejected plaint; (ii) civil suit; (iii) documents filed in civil suit or any other original proceeding; (iv) miscellaneous application; (v) decree received for execution from other court; (vi) execution application; (vii) particulars of Commissioner(s) as contained in Rule 7 of Chapter XII Rule of these Rules; (viii) particulars of Receiver(s) as contained in Rule 3 of Chapter XIX of these Rules; and (ix) every other filing on the original side. The Database shall be kept on the Original Civil Side by such officer(s) as the Registrar may, subject to orders of the Chief Justice, direct and shall be continuously updated. [Chapter 4, Rule 5 of DHC (OS) Rules]

Answer 160

Part IV-B shall be kept in the following order— (i) affidavit(s) filed by witness(es) of the plaintiff(s) in the affirmative; (ii) affidavit(s) filed by witness(es) of the defendant(s) in the affirmative; (iii) affidavit(s) by way of evidence in rebuttal filed by witness(es) for the parties; and (iv) affidavit(s)/ oral testimony of court witness(es)/ expert witness(es), if any. [Chapter 4, Rule 12 of DHC (OS) Rules]

Answer 161

Notwithstanding anything contained in Order V Rule 10 of the Code, the Court may, in the very first instance, issue summons (together with copies of plaint, application, affidavit, documents etc.) by all or any of the following modes of service, viz., registered post (acknowledgement due); speed post; authorized courier; fax; electronic mail service; SMS with a hyperlink (if required) or any other web based or virtual communication mode; or dasti service; in addition to service of summons in the ordinary way. For this purpose, the publicly available e-mail address and fax number, either on the website of the party or in public domain/ records shall also be deemed to be the correct e-mail address and fax number respectively. [Chapter 6, Rule 1 (e) of DHC (OS) Rules]

Answer 162

Endorsement in Vakalatnama.-No Vakalatnama shall be accepted unless it contains the following under the signature of the Advocate:— (i) an endorsement in token of its acceptance with the date of acceptance; and (ii) the name, enrolment number, address, phone number, mobile number, e-mail id and all other contact particulars of the Advocate for service of the Advocate. [Chapter 5, Rule 3 of DHC (OS) Rules, 2018]

Answer 163

As per Rule 7A of Chapter VII of DHC (OS) Rules, 2018, Document Schedule- After the filing of the affidavit of admission / denial, before framing of issues, parties shall jointly prepare a ‘Document Schedule’ in the form provided to be presented to the Court. The Court would make an endorsement as to the exhibited documents in last Column of the Schedule. The ‘Document Schedule’, duly containing the Exhibit Nos, if any, shall form part of the proceedings of the day. The Court may also direct filing and preparation of a similar ‘Document Schedule’ before the stage of final arguments.

Answer 164

Exemption from e-filling of the whole or part of the pleadings and/or documents may be permitted by the Court upon an application for that purpose being made to the Court in the following circumstances: (i) e-filing is, for the reasons to be explained in the application, not feasible; or. (ii) there are concerns about confidentiality and protection of privacy; or (iii) the document cannot be scanned or filed electronically because of its size, shape or condition; or (iv) the e -filing system is either inaccessible or not available for some reason; or (v) any other sufficient cause. [Annexure C, Rule 8 – Practice Directions of DHC (OS) Rules, 2018]

Answer 165

Minimum requisites for video conference (i) A desktop or laptop with internet connectivity and printer (ii) Device ensuring uninterrupted power supply (iii) Video Camera (iv) Microphones and speakers (v) Display unit (vi) Document visualizer (vii) Comfortable sitting arrangements ensuring privacy (viii) Adequate lighting (ix) Insulations as far as possible/proper acoustics (x) Digital signatures from licensed certifying authorities for the co-ordinators at the court point and at the remote point [Annexure B, Rule 4 – Practice Directions of DHC (OS) Rules, 2018]

Answer 166

As per Rule 25 of Chapter 11 of DHC (OS) Rule, 2018, Recording of evidence on the basis of electronic record- (i) After the settlement of issues, when date is fixed for recording of evidence before the Court/ Registrar/ Commissioner, if all parties agree, the electronic file can be made available and trial be conducted on the basis of the electronic record, with all sides extending cooperation to the Court/ Registrar/ Commissioner to exhibit/ mark original documents on the electronic file and then proceed with the trial based on electronic record. This electronic file will also be available to the Commissioner to enable him to record evidence at a location outside the Court in accordance with these Rules. (ii) If any further exhibit/ or other markings are to be done on the original record, the Commissioner can make that as a part of his order and then putting of exhibit/ or other mark would be done on the original file on a mutually convenient date and time, even without presence of witness, but in presence of Advocates for parties.

Answer 167

A format, as given below, so far applicable, will be filed by the plaintiff in new matters, and in pending matters the format will be filed by both the parties. Thereafter, the format will be filled in and completed by the Court Masters as and when new applications are filed and disposed of. IN THE HIGH COURT OF DELHI AT NEW DELHI SUIT/PETITION/O.M.P./AA NO..............OF …. .....................................................................................Plaintiff(s)/Petitioner(s) v. ..............................................................................Defendant(s)/Respondent(s) Nature of the matter: ........................................................................................................................... Status invoked: ........................................................................................................................... ADVOCATES ................................. .......................................... Plaintiff(s)/Petitioner(s) Defendant(s)/Respondent(s) INTERLOCUTORY APPLICATIONS (IAs) S. No. No. & Yr. Filed by Plaintiff/Defendant Provisions of Law Nature of Relief Sought Remarks [Rule 7 of Chapter 18 of DHC (OS) Rule, 2018]

Answer 168

As per Rule 20 of Chapter 20 of DHC (OS) Rules, 2018, Where any Receiver neglects to file his accounts, or to pass the same or to pay the balance or any part thereof as ordered the matter shall be reported by the Registrar to Court, and the Court may, from time to time, when the accounts of such Receiver are produced to be examined and passed, not only disallow, the remuneration therein claimed by such Receiver but also charge him with interest not exceeding nine per cent per annum upon the balance, if any, so neglected to be paid by him during the time such balance shall appear to remain in the hands of such Receiver.

Answer 169

As per Rule 7 of Chapter 9 of DHC (OS) Rules, 2018, Settlement offer with prejudice- A proposal to settle shall be in writing and shall be with prejudice to the proposer. The proposal shall remain valid till the conclusion of the suit/petition/original proceeding unless otherwise provided. A proposal to settle may be responded by a counter proposal in writing, which shall also be with prejudice and would remain valid till the conclusion of the suit/petition/original proceeding, unless otherwise provided. Where a proposal/counter proposal is declined and/or refused, and the suit/petition/original proceedings results in terms less favourable than those contained in the proposal/counter proposal, the party declining and/or refusing to accept the proposal/counter proposal, notwithstanding being entitled to grant of relief, as awarded by the Court, shall however, be burdened with costs as provided in Rule 2(i) of Chapter XXIII of these Rules. In case the suit/petition/original proceedings results in terms more favourable than those contained in the proposal/counter proposal, the party declining/refusing to accept the same shall, in addition, to the grant of reliefs, as awarded by the Court, be also entitled to full costs of the suit/petition/original proceedings.

Answer 170

As per Rule 3 of Chapter 10A of DHC (OS) Rules, 2018, The Court may, of its own, give a summary judgment against a plaintiff or defendant on a claim if it considers that - (a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and (b) there is no other compelling reason why the claim should not be disposed of before recording of oral evidence.

Answer 171

Form of List of witnesses. – (i) The list of witnesses will be in the form below: IN THE HIGH COURT OF DELHI AT NEW DELHI Suit No....................of...................... Plaintiff/Petitioner.....................v......................Defendant/Respondent NEXT DATE OF HEARING List of witnesses filed by the........................................................................ Serial No. Full Name and Complete Address Facts sought to be proved by the evidence of the witness Documents sought to be proved by the evidence of the witness Part—A Witnesses required to be examined on Commission and Video conferencing. Part—B Witnesses required to produce documents only and who are not required to give oral evidence. Part—C Witnesses required to give oral evidence and also to produce documents, including expert witnesses. Part—D Witnesses required to give oral evidence but from whom no documents are required to be proved. Filed by Advocate for the Plaintiff/Defendant/ Petitioner/Respondent Filed on..................... [Rule 3 of Chapter 11 of DHC OS Rules]

Answer 172

(a) Affidavits for the purposes of any cause appeal or matter may be sworn before a Notary or any authority mentioned in Section 139 of the Code or before the Court/ Registrar, or before the Commissioner generally or specially authorized in that behalf by Court. The authority attesting any such affidavit shall, wherever the person is known to him, append a certificate to that effect on the affidavit, and where the person affirming the affidavit is not known to the authority concerned, the certificate shall state the name of the person by whom the person affirming the affidavit has been identified. (b) Wherever an affidavit is affirmed by an illiterate person, or a person not conversant with English language, the authority concerned shall, before attesting the same, translate and interpret the contents of the affidavit to the person affirming the same, and certify the said fact separately under his signature. Page 39 of 116 (c) Affidavits signed outside India, shall be signed and apostilled in accordance with the provisions of the ‘Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961’. [Rule 7 of Chapter 19 of DHC OS Rules]

Answer 173

The following account books shall be kept in hard copy or electronic form: (a) Book of receipts for money paid into Court. (b) Process-fee receipt book. (c) Register of deposit receipts, viz., register of sums received in Court in connection with suits or judicial proceedings and deposited with Government (to be kept in duplicate). (d) Register of deposit payments, viz., register, of payments from sums received into Court in connection with suits or judicial proceedings and deposited with Government (to be kept in duplicate). (e) Files of applications for refund of lapsed deposits and of statements of lapsed Civil Courts deposits. (f) Register of attached property. (g) Register of money received on account of subsistence money of civil prisoners, expenses of witnesses and miscellaneous petty items required for immediate disbursement. (h) Register of payments on account of subsistence money of civil prisoners, expenses of witnesses and miscellaneous petty items required for immediate disbursement. (i) Cash Book. (j) Ledger. (k) Bank of Treasury pass book. (l) Bank of Treasury cheque/voucher book. (m) Register of receipts and of withdrawal of property left in the custody of the Registrar. (n) Such other registers as may be directed by the Chief Justice to be kept. [Rule 8, Chapter 22 of DHC OS Rules]

Answer 174

As per Rule 9 of PIL Rules, 2010, Instructions for filing Public Interest Litigations: (i) A writ petition intended to be a Public Interest Litigation shall contain: - (i) An inscription immediately below the number of the writ petition in the title, namely: 'In The Matter Of A Public Interest Litigation'. (ii) A specific averment in para 1 of the writ petition to the effect that the writ petitioner has no personal interest in the litigation and that the petition is not guided by self-gain or for gain of any other person/institution/body and that there is no motive other than of public interest in filing the writ petition. (iii) A specific averment in para 2 of the writ petition as to the source of knowledge of the facts alleged in the writ petition and, the further inquiries/investigation made to determine the veracity of the same. (iv) A specific averment in para 3 of the writ petition specifying the class of persons for whose benefit the petition has been filed and as to how such persons are incapable of accessing the Courts themselves. (v) A specific averment in para 4 of the writ petition of the persons/ bodies/ institutions likely to be affected by the orders sought in the writ petition and which/who shall be impleaded as respondents and a further averment that to the knowledge of the petitioner no other persons/bodies/institutions are likely to be affected by the orders sought in the writ petition. (vi) A specific averment in para 5 of the writ petition of the background of the petitioner with qualifications so far as it may be material to show the competence of the petitioner to espouse the cause. If the petitioner is an organization, the names and address of its office bearers and the nature of its activities shall also be stated. An averment shall also be made that the petitioner has the means to pay the costs, if any, imposed by the Court and on an undertaking to the Court in that respect. (vii) In para 6 of the writ petition, details of the representation(s) made to the authorities concerned for remedial actions and replies, if any, received thereto shall be set out precisely. (viii) If the petitioner has previously filed public interest litigation or preferred Letter Petitions, the details thereof would be set out in a tabular form giving the number of the writ petition, the status and outcome thereof. (ix) Pleadings in brief divided into paragraphs setting forth the cause which has given rise to the filing of the writ petition shall be pleaded followed by the grounds in support of the prayer, followed by the prayer clause in the last paragraph giving the precise prayer which the petitioner wants to be granted by the Court. Proviso: Provided that if the petitioner is unable to provide information for any of the matters above there shall be a specific averment as to the reason why said information is not being provided. (ii) Every Public Interest Litigation shall be accompanied by an affidavit as per Proforma 'A' annexed to these Rules.

Answer 175

As per Annexure ‘A’ of DHC (OS) Rules, 2018 In all cases where summons/notices have been ordered by Hon’ble Court to be served through Speed Post or Registered Post the following procedure will be followed: a) The Advocate/Party-in-Person will file Process Fee at the Filing Counter, Delhi High Court, clearly mentioning therein his contact number and address along with copies of the petition/application to be sent with the summons/notices and adequate numbers of the envelopes specially designed, containing proof of delivery (PoD) bearing the address of the respondent/addressee. These envelopes are available at the Extension Counter set up by the Department of Posts in the Receipt and Despatch Branch, Main Building, ‘A’ Block, Delhi High Court. b) The Process Fee Form along with envelope(s) and the copies of petition/application so filed will be sent by the Filing Counter to the concerned Branch for preparation of summons/notices. c) The concerned branch will prepare the summons/notices within a period of three working days of receiving the process fee form from the filing counter. The branch will immediately thereafter send the copies of summons/notices, envelope(s) and copy of the petition/application to the Receipt & Despatch Branch, which will seal the process in the envelope(s). d) The Advocate/Party-in-Person will collect sealed envelope(s) from the Receipt and Despatch Branch and submit them directly at the extension counter set up by the Department of Posts. e) The Advocates will pay the following charges directly at the Counter set up by the Department of Posts. i) Speed Post charges for the article as determined by the Department of Posts. ii) Speed Post charges for the PoD as determined by the Department of Posts. iii) Handling charges @ Rs.5/- per acknowledgment (PoD) at the time of booking of the article. iv) Scanning charges for the PoD @ Rs.10/- at the time of booking of the article. 3. The Speed Post charges paid once will not be refunded even if the article is not delivered or is received back unserved. 4. The concerned Advocate/Party-in-Person will file an affidavit of service along with the receipt of summons/notices sent in the specially designed envelope(s) through Speed Post and the tracking report as available on the net. 5. The Department of Posts will send the scanned copy of the PoD electronically to the e-m ail ID of the nominated officer of the Delhi High Court immediately on receipt of the same in t he concerned Post Office. 6. The undelivered/refused articles or the duly signed PoD (or its scanned copy) received in the Receipt & Despatch Branch will be sent to the concerned Branches for further necessary action. 7. If the advocate/party concerned desires to have a scanned copy of the POD then he may furnish his e-mail ID at the time of filing of Process Fee form and should send a request to the Assistant Registrar (Appellate) (Email arappellate.dhc@nic.in) through email in this regard, who shall forward the scanned copy of the POD received electronically from the Department of Posts.

Answer 176

(i) Section 6 of the Limitation Act (ii) Section 8 of the Limitation Act (iii) Section 11 of the Limitation Act

Answer 177

(i) One year (ii) Three years (iii) Sixty days

Answer 178

(i) Ten Days from when the summons is served. (ii) Thirty days from the date of the grant of special leave. (iii) Three years from the date of the failure.

Answer 179

As per Section 2(k) of the Limitation Act, 1963, “promissory note” means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight;

Answer 180

As per Section 18 of the Limitation Act, 1963, Effect of acknowledgment in writing — (1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. (2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received. Explanation.—For the purposes of this section,— (a) an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off, or is addressed to a person other than a person entitled to the property or right, (b) the word “signed” means signed either personally or by an agent duly authorised in this behalf, and (c) an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.

Answer 181

As per Section 12 of the Limitation Act, Exclusion of time in legal proceedings.— (1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. (2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded. (3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment shall also be excluded. (4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded. Explanation.—In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded.

Answer 182

(i) Section 25 of The BNSS, 2023 (ii) Section 23 (3) of The BNSS, 2023 (iii) Section 419 of The BNSS, 2023 (iv) Section 435 of The BNSS, 2023 (v) Section 442 of The BNSS, 2023

Answer 183

As per Section 416 of The BNSS, 2023, 375. No appeal in certain cases when accused pleads guilty – Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,— (a) if the conviction is by a High Court; or (b) if the conviction is by a Court of Session, or Magistrate of the first or second class, except as to the extent or legality of the sentence.

Answer 184

Concurrent Sentences: (a) Concurrent sentences are sentences for multiple offenses that are served simultaneously. In other words, when an individual receives concurrent sentences, they serve all the sentences at the same time. (b) This means that the period of imprisonment for each offense runs concurrently, and the individual serves the total time equal to the longest individual sentence. For example, if someone is sentenced to 5 years for one offense and 3 years for another offense, and these sentences are concurrent, they would serve a total of 5 years. (c) Concurrent sentences are often given when the offenses are related or arise out of the same incident. Consecutive Sentences: (i) Consecutive sentences are sentences for multiple offenses that are served one after the other. In this case, the individual serves the sentences for each offense sequentially. (ii) If an individual receives consecutive sentences, they serve the full duration of one sentence before starting the next. Using the previous example, if someone is sentenced to 5 years for one offense and 3 years for another offense, and these sentences are consecutive, they would serve a total of 8 years (5 years + 3 years). (iii) Consecutive sentences are typically given when the offenses are distinct and unrelated, or when the law mandates consecutive sentencing for certain types of crimes.

Answer 185

As per Section 419 (5) of The BNSS, 2023, (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

Answer 186

As per Section 436 of The BNSS, 2023 Reference to High Court – (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation — In this section, "Regulation" means any Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of a State. (2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon. The reference to the High Court under The Bharatiya Nagarik Suraksha Sanhita, 2023 typically pertains to questions of law or other matters that require the High Court's consideration and guidance. To make a reference to the High Court under The Bharatiya Nagarik Suraksha Sanhita, 2023, certain prerequisites must be met: 1. Substantial Question of Law: The primary prerequisite for a reference to the High Court is the existence of a substantial question of law. This means that the lower court or tribunal must have encountered a legal issue or question that is not straightforward and requires interpretation or clarification by the High Court. 2. Judicial Officer's Satisfaction: The judicial officer, such as a Sessions Judge, Additional Sessions Judge, or Chief Judicial Magistrate, presiding over the case or tribunal must be satisfied that a substantial question of law arises in the matter. The satisfaction of the judicial officer is a key factor in initiating the reference process. 3. Statement of the Question: The judicial officer must formulate and frame the substantial question of law in a clear and precise manner. The question should be unambiguous and should reflect the legal issue that needs resolution. 4. Recording of Reasons: The judicial officer is required to record reasons for being satisfied that a substantial question of law exists. These reasons should explain the nature of the question and why it is not straightforward or evident. 5. Opportunity to Parties: Typically, the parties involved in the case should be given an opportunity to present their arguments on the substantial question of law before it is referred to the High Court. This ensures fairness and allows for a comprehensive understanding of the issue. 6. Reference to the High Court: Once the judicial officer is satisfied and has recorded the reasons, they can refer the substantial question of law to the High Court. This reference is made by way of a formal reference order, and the High Court will then consider the question and provide its guidance or decision. 7. Procedure as per High Court Rules: The specific procedure for making a reference to the High Court may vary from one state or jurisdiction to another. High Court rules and guidelines should be followed regarding the format and procedure for making such references. 8. High Court's Decision: Upon receiving the reference, the High Court will consider the question of law and may provide a judgment or opinion on the matter. The lower court or tribunal may then proceed based on the High Court's guidance.

Answer 187

As per Section 417 of The Bharatiya Nagarik Suraksha Sanhita, 2023 Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely:— (a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground— (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

Answer 188

As per Article 23 of The Constitution of India, Prohibition of traffic in human beings and forced labour (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Answer 189

As per Article 32 of The Constitution of India, Remedies for enforcement of rights conferred by this Part (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Answer 190

The 86th amendment added a fundamental duty which state that every citizen “who is a parent or guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years”.

Answer 191

Article 51 of The Constitution of India deals with the Promotion of international peace and security.— The State shall endeavour to— (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and (d) encourage settlement of international disputes by arbitration.

Answer 192

The landmark judgment in which the Hon'ble Supreme Court of India ruled that the Right to Privacy is a fundamental right and an integral part of the Right to Life and Personal Liberty was delivered in the case titled: Justice K.S. Puttaswamy (Retd.) vs. Union of India This judgment was delivered on August 24, 2017, by a nine-judge bench of the Supreme Court of India and affirmed the right to privacy as a fundamental right protected under the Indian Constitution.

Answer 193

* The Concept of Fundamental Duties was taken from the Soviet Constitution (USSR) which is now called Russia * Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy (DPSP). They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution.

Answer 194

The Fundamental Rights are justiciable because when violated the aggrieved individual can move the courts for their enforcement. The Supreme Court or High Courts have the power to issue directions or orders or writs for the enforcement of any of the Fundamental Rights.

Answer 195

(i) Writs - Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court of India and High Court against the violation of his/her fundamental rights. The same article gives the Supreme Court power to issue writs for the enforcement of rights whereas the High Court has the same power under Article 226. (ii) Habeas Corpus - The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.

Answer 196

Comparison of Directive Principles of State Policy (DPSP) and Fundamental Rights in India: Directive Principles of State Policy (DPSP): * Non-justiciable: Cannot be directly enforced by individuals in courts. * Guidelines and principles for the government to frame policies and laws. * Aimed at achieving social and economic justice. * Concerned with the welfare of citizens and the betterment of society. * Cover areas like education, healthcare, workers' rights, and equitable resource distribution. * Considered a moral and political obligation for the government. * Integral for the establishment of a just and equitable society. * Influence government actions and policy-making through indirect means. * Not enforceable through legal action but can be used for policy advocacy. * Found in Part IV of the Indian Constitution. Fundamental Rights: * Justiciable: Can be directly enforced by individuals in courts. * Guarantee individual rights and freedoms. * Focused on protecting civil and political liberties. * Include rights like right to equality, right to freedom, right to life, and others. * Protect citizens from state and non-state entities infringing on their rights. * Immediate legal protection for individuals against rights violations. * Part of the basic structure of the Indian Constitution. * Can be enforced through legal petitions and court judgments. * Essential for upholding individual liberties and ensuring a democratic society. * Found in Part III of the Indian Constitution. Aspect Directive Principles of State Policy (DPSP) Fundamental Rights Justiciability Non-justiciable Justiciable Nature Guidelines and principles for government Individual rights and freedoms Purpose Achieving social and economic justice Protecting civil and political liberties Focus Welfare of citizens and societal betterment Protection from rights violations Areas Covered Education, healthcare, equitable resource distribution, etc. Equality, freedom, life, etc. Obligation Moral and political obligation for the government Immediate legal protection Role in Society Influences government actions and policy-making Ensures individual liberties Enforcement Indirect influence; used for policy advocacy Can be enforced through legal action Location in the Constitution Part IV Part III Fundamental to Establishing a just and equitable society Upholding democracy

Answer 197

As per Article 19 of The Constitution of India, All citizens shall have the right— (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions or co-operative societies; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practise any profession, or to carry on any occupation, trade or business.

Answer 198

Here's the specific writ that would be issued under each of the mentioned circumstances: (i) When a person is wrongfully detained or restrained: * Writ of Habeas Corpus: This writ is issued to compel the authorities to produce a person who is allegedly being detained unlawfully and ensure that the detention is legal and just. (ii) To compel any person to perform his public or quasi-public duty where the duty is imposed by the constitution: * Writ of Mandamus: This writ is issued to compel a public official or authority to perform their public or quasi-public duty that they are obligated to perform under the constitution or law. (iii) To keep the inferior courts within the limit of their jurisdiction: * Writ of Certiorari: This writ is issued by a higher court to quash the orders or decisions of an inferior court or tribunal if they are found to have exceeded their jurisdiction or acted without authority. (iv) Against a person who usurps any public office: * Writ of Quo Warranto: This writ is issued to inquire into the legality of a person holding a public office and to determine if they have the legal authority (warrant) to hold that office. If it is found that the person is usurping the office, they may be ousted from it.

Answer 199

Schedule II of the Court Fees Act, 1870 is related to Fixed Fees.

Answer 200

As per section 16A: 1. If a suit is dismissed as settled out of court before evidence is recorded; or 2. If a suit is compromised ending in compromise decree before evidence is recorded; or 3. An appeal is disposed of before the commencement of hearing of such appeal. then, half of the amount of all fees paid in respect of the claim or claim in suit or claim in appeal shall be ordered by the court to be refunded to the parties by whom the same has been respectively paid. The intention of the Delhi amendment has been to provide some relief in those cases where route of section 89 Code of Civil Procedure, 1908 not taken.

Answer 201

Delhi High Court Bar Association & Anr. Vs. Govt. of NCT of Delhi & Anr.

Answer 202

As per Section 29 of Court-Fees Act, 1870, where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.

Answer 203

As per Section 25 of Court-Fees Act, 1870, All fees referred to in section 3 or chargeable under this Act shall be collected by stamps.

Answer 204

As per Section 17 of Court-Fees Act, 1870, where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the power conferred by the Code of Civil Procedure, section 9.

Answer 205

As per Section 15 of Court-Fees Act, 1870, Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector so much of the fee paid on the 5[application] as exceeds the fee payable on any other application to such Court under the second schedule to this Act, No. 1, clause (b) or clause (d). But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.

Answer 206

As per Section 5 of the Court-Fees Act, 1870, When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court. The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.

Answer 207

As per Section 5 of the Court-Fees Act, 1870, (i) If in the result of any such investigation the Court finals that the nett profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market-value or nett profits been rightly estimated. (ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

Answer 208

Ad valorem fees are fees that are calculated based on the value of the subject matter involved in a legal proceeding. The term "ad valorem" is derived from Latin and means "according to value."

Answer 209

As per section 7 of the Court-Fees Act, 1870, i. for maintenance and annuities.—(ii) In suits for maintenance and annuities or other sums payable periodically—according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year. ii. for money.—(i) In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)—according to the amount claimed. iii. For specific performance of an award - award—according to the amount or value of the property in dispute. iv. For specific performance of a contract of sale—according to the amount of the consideration. v. For abatement of rent— according to the amount of the rent of the 2[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint. vi. for interest of assignee of land revenue.—(vii) In suits for the interest of an assignee of land revenue—fifteen times his nett profits as such for the year next before the date of presenting the plaint. vii. where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above-mentioned—the market-value of the land. viii. to enforce a right of pre-emption.—(vi) In suits to enforce a right of pre-emption according to the value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect of which the right is claimed.

Answer 210

An appeal by indigent persons in the legal context was earlier known as a "pauper's appeal" or "appeal in forma pauperis."

Answer 211

11A. Time within which hearing under rule 11 should be concluded.— Every appeal shall be heard under rule 11 as expeditiously as possible and endeavour shall be made to conclude such hearing within sixty days from the date on which the memorandum of appeal is filed. [Order XLI, Rule 11A of CPC, 1908]

Answer 212

1. Minor to sue by next friend.— Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor. [Order XXXII, Rule 1]

Answer 213

1. No abatement by party’s death if right to sue survives — The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. [Order XXII Rule 1 of CPC, 1908]

Answer 214

Sec. 100. Second appeal.— (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. (2) An appeal may lie under this section from an appellate decree passed ex-parte. (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question. [Section 100 of CPC, 1908]

Answer 215

Section 104. Orders from which appeal lies — (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:— (ff) an order under section 35A; (ffa) and order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be; (g) an order under section 95; (h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree; (i) any order made under rules from which an appeal is expressly allowed by rules: Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made. (2) No appeal shall lie from any order passed in appeal under this section.

Answer 216

Section 114 of CPC, Review - Subject as aforesaid, any person considering himself aggrieved — (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed by this Code, or (c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

Answer 217

i. This statement is generally not true, as appeal rights are statutory and not considered natural rights. ii. This statement is true. The power to appeal is created and regulated by statutory provisions, particularly in the CPC. Section 96 of the CPC, for example, deals with appeals from original decrees and provides the legal basis for the right to appeal. iii. This statement is partially true. An appeal is not a continuation of the original suit itself but allows for the continuation of the legal process to review and reconsider the lower court's decision. iv. This statement is not entirely accurate. While Section 96 provides a right to appeal from original decrees, the admission and hearing of the appeal are subject to conditions and limitations specified in the CPC. It is not always admitted as an absolute matter of right.

Answer 218

As per Section 102 of CPC, No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

Answer 219

Powers of Receiver.—In the absence of any order in that behalf every receiver of immovable property shall have all the powers specified in Order XL, rule (d) of the Code, except that he shall not without the leave of the Court— (a) grant lease, or (b) bring suits, except suits for rent, or (c) institute an appeal in any Court (except from a decree in a rent suit) where the value of the appeal is over Rs.1,00,000/-; or (d) expend on the repairs of any property in any period of two years more than one-fourth of the annual rental of the property to be repaired, such rental being calculated at the amount at which the property to be repaired could be let out within fair state of repairs. [Chapter 20, Rule 8 of DHC OS Rules]

Answer 220

Transmission of decree for execution – (a) An application for transmission of a decree to another Court for execution shall be in the form prescribed and shall specify the Court to which the transmission of the decree is sought and whether the decree has already been satisfied in part and if so, to what extent. The same shall be supported by an affidavit. It shall also be accompanied by a certified copy of the decree or an application for the same. (b) The Registrar shall transmit by registered post, at the cost of the applicant, the certified copy of the decree together with the other documents mentioned in Order XXI rule 6 of the Code, to the Court to which the transmission is sought in accordance with the provisions of rules 4 and 5 of Order XXI of the Code. [Chapter 24, Rule 2 of DHC OS Rules]

Answer 221

Settling of draft of decree – (i) Where the Registrar considers it necessary that the draft of any decree or other should be settled in presence of parties, or where parties require it to be settled in their presence, the Registrar shall, by notice in writing, appoint a time for settling the same and parties shall attend the appointment and produce their briefs and such other documents as may be necessary to enable the draft to be settled. (ii) Where any party is dissatisfied with the decree or order, as settled by the Registrar, the Registrar shall not proceed to complete the decree or order without allowing that party sufficient time to apply, by motion to the Court. [Chapter 14, Rule 8 of DHC OS Rules]

Answer 222

Production of public document — (a) Every application for summons for production of a public document shall be supported by an affidavit stating— (i) the description of the document(s), the production of which is required; (ii) the relevancy of the document(s); (iii) the reasons why production of a certified copy of the same would not serve the purpose; and (iv) in case where production of a certified copy would serve the purpose, whether application was made to the proper officer for a certified copy and the result of such application. (b) The Court/ Registrar shall not issue such summons unless he considers the production of the original necessary and is satisfied that application for supply of its certified copy has been duly made and has not been granted. The Court/ Registrar shall in every case record his reasons. (c) Nothing in this rule shall apply to an application under Order XIII, rule 10 of the Code for production of the record of any suit of proceeding. [Chapter 11, Rule 17 of DHC OS Rules]

Answer 223

Yes, as provided u/Rule 3(19) Chapter II [Chapter 2, Rule 3 (19) of DHC OS Rules]

Answer 224

Appeal against the Registrar’s orders - Any person aggrieved by any order made by the Registrar, under Rule 3 of this Chapter, may, within fifteen days of such order, appeal against the same to the Judge in Chambers. The appeal shall be in the form of a petition bearing court fees of Rs.2.65. [Chapter 2, Rule 5 of DHC OS Rules]

Answer 225

Notice where summons is affixed at outer door — If a summons to defendant is affixed to the outer door of his house in the manner provided in Rule 11, the serving officer shall affix thereto the notice in a prescribed format that the person, being served can, upon an application to the Court, obtain a copy of the plaint/ petition etc. and shall in his report state that he has done so and shall return the plaint/ petition etc. to the Court. [Chapter 6, Rule 12 of DHC OS Rules]

Answer 226

Short cause matter shall include - (i) Ex-parte suits; (ii) Undefended suits; (iii) Suits to which Chapter XVI, applies including summary suits, cases where preliminary issues are to be decided, summary proceedings in commercial matters; (iv) Mortgage suits, rent suits on bonds or acknowledgement; (v) Objection to Commissioner’s report; (vi) Such other suits or matters as may, by special order of the Court, be directed to be tried as short causes. [Chapter 18, Rule 3 of DHC OS Rules]

Answer 227

Order 1 Rule 10- Yes Order 39 Rule 1 and 2- No Order 7 Rule 11- No Application for leave to deliver interrogatories- Yes [Chapter 2, Rule 3 of DHC OS Rules]

Answer 228

In affidavit it should be mentioned that he has no interest directly or indirectly adverse to that of the minor, and that he is otherwise a fit and proper person to act as such next friend. The age of the minor shall also be stated. No formal appointment of the person instituting the suit as next friend need be made. [Chapter 15, Rule 1 of DHC OS Rules]

Answer 229

The duly authorized Advocate certifies on the application for inspection that he has authorized his junior to inspect the record for him and special order of the judge or one of the judges before whom the case is pending. (Chap V, Part A Rule 2 of Volume V)

Answer 230

Grant of copies of exhibits to strangers. A stranger to the suit or appeal or writ or any other proceedings has no right to obtain copies of exhibits put in evidence, except with the consent of the person by whom they were produced or under the orders of the Court. [Chapter V Part B, Rule 2 (iv) of Volume V]

Answer 231

a) First Appeal from the Decree of a subordinate Court- Single Judge b) Second Appeal irrespective of the value of the subject matter- Single Judge c) An Appeal under the Land Acquisition Act, 1894 irrespective of the value of the subject matter- Single Judge d) A Petition/ Appeal arising out of the order of Central Administrative Tribunal (CAT)- bench of Two Judges e) A Petition/ Appeal arising out of the order of Debt Recovery Appellate Tribunal- Bench of Two Judges f) petitions challenging vires of Acts or statuary rules - Bench of two judges g) petitions pertaining to Public Interest Litigation- Bench of two judges [Chapter 3, Part B, Rule 1 of Volume V]

Answer 232

Within 15 days from the date of judgment or order of the High Court in cases involving death sentence. [Chapter 8, Part A (b), Rule 1 of Volume V]

Answer 233

It shall state whether similar application has or has not been made to the Supreme Court and if made shall state the result thereof. [Chapter I Part A (b) rule 5 of Volume V]

Answer 234

Yes, An application which does not contain this information shall be returned for re-submission with the necessary information. [Chapter 1, Part A (b), Rule 5 of Volume V]

Answer 235

Procedure to make respondent the legal representative of deceased party who died after the decree or order appealed from — Whenever a party to a decree or order, which is appealable to the High Court, desires to appeal therefrom and to make as a respondent to his appeal the legal representative of a person who, having been a party to such decree or order, has died after the date of such decree or order, and who, if alive, would be a necessary party as a respondent to such appeal, and whose legal representative has not as such been made a party to the decree or order, or to subsequent proceedings thereunder or thereon, the party so desiring to appeal may present to the High Court for admission a memorandum of appeal with the name of such legal representative mentioned therein as such as that of a respondent if at the time when he presents such memorandum of appeal for admission, he along with such memorandum of appeal, presents an application for leave to make such legal representative as such a party as a respondent to his appeal, and, except as hereinafter provided, an affidavit stating such facts as may be necessary in support of his application: Provided always that a Judge of the High Court may, by an order, allow in his discretion reasonable time in that behalf for the presentation of such affidavit, if it appears to him that the applicant could not by the exercise of due diligence have procured such affidavit is time for presentation along with the memorandum of appeal. [Chapter 1, Part C, Rule 1 of Volume V]

Answer 236

Bench in cases of misconduct of Advocates — Every case for professional or other misconduct against an Advocate shall be laid before the Honourable the Chief Justice or a Judge nominated in this behalf for an order under Section 10(2) of the Indian Bar Councils Act, 1926, as to whether it be rejected summarily or whether an inquiry be held. If an inquiry is ordered, the case shall, after receipt of the findings of the Tribunal or the District Judge, be heard by a Bench of three Judges. [Chapter 3, Part B, Rule 2(i) of Volume V]

Answer 237

Pronouncement of Judgment — (1) After a case has been heard judgment may be pronounced either at once or on some future date which shall be notified in the Cause List. No other notice to the parties shall be necessary. (2) Where a case is heard by two or more Judges and judgment is reserved, their judgment or judgments may be pronounced by any one of them. If no such Judge be present such judgment or judgments may be pronounced by any other Judge. (3) Where a case is heard by a Judge sitting alone and judgment is reserved, his judgment may, in his absence, be pronounced by any other Judge. [Chapter 4, Part G, Rule 5 of Volume V]

Answer 238

The following documents belonging to Part A of a judicial record shall be preserved permanently, namely: In Civil cases (1) The index. (2) The judgment of the Court. (3) The decree of the Court. (4) Unreturned deeds. (5) One copy of the printed paper book in all cases in which a paper book is printed in other cases copies of the judgments of the Courts below and the memorandum of appeal presented in the High Court. [Chapter 5, Part C (II), Rule 9 of Volume V]

Answer 239

Contents of decree — The decree shall contain the number of the appeal, the names and description of the appellant and respondent, the names of the plaintiff and defendant in the suit, and the description of the Court from whose decree or order the appeal is preferred, with date of such decree or order and shall clearly state the relief granted or other determination of the appeal, in such manner as not to render the reference to other documents necessary, except the decrees of Courts below, when those decrees are affirmed or varied, but not reversed. [Chapter 4, Part H, Rule 7 (i) of Volume V]

Answer 240

The Deputy Registrar/Assistant Registrar, In-charge of the Filing Counter, may specify the objections (a copy of which will be kept for the Court Record) and return for amendment and re-filing within a time not exceeding 7 days at a time and 30 days in the aggregate to be fixed by him, any memorandum of appeal, for the reason specified in Order XLI, Rule 3, Civil Procedure Code. [Chapter 1, Part A (a), Rule 5 of Volume V]

Answer 241

In case of an order of acquittal passed by the Court or a person being admitted to bail, the Jail Superintendent of the concerned Jail shall be required to send a compliance report to the Court of concerned Judge through Registry of High Court. In case, however, no such compliance is received within a period of one month from the date of passing of such order, the Registry of High Court shall place the file of the case before the Court, without any delay. [Chapter 1, Part A (c), Rule 3 of Volume V]

Answer 242

Notifying the date in the cause list is sufficient. Pronouncing Judgment — (1) After a case has been heard judgment may be pronounced either at once or on some future date which shall be notified in the Cause List. No other notice to the parties shall be necessary. (2) Where a case is heard by two or more Judges and Judgment is reserved, their judgment or judgments may be pronounced by any one of them. If no such Judge be present such judgment or judgments may be pronounced by any other Judge. (3) Where a case is heard by a Judge sitting alone and judgment is reserved, his judgment may in his absence, be pronounced by any other Judge. [Chapter 4, Part H, Rule 2 (1) of Volume V]

Answer 243

Yes. Death of a party before delivery of judgment — When a party to the suit dies after the last hearing but before delivery of judgment, the Court may order the judgment to bear the date of the last hearing. [Chapter 4, Part G, Rule 7 of Volume V]

Answer 244

The day when the Court re-opens, Section 4 of the Limitation Act.

Answer 245

a) Application : Answer: Yes b) Suit : Answer: No c) Appeals: Answer: Yes

Answer 246

There is no bar of Limitation in terms of Section 10 of the Limitation Act.

Answer 247

Excluded, Section 12 of the Limitation Act.

Answer 248

A fresh period of limitation shall be computed from the time when the acknowledgment is signed.

Answer 249

As per Section 6 (3) of the Limitation Act, 1963, Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.

Answer 250

Fresh period of limitation shall be computed from the time when the payment is made. (Section 19) Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made: Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment. Explanation – For the purposes of this section, – a) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment; b) “debt” does not include money payable under a decree or order of a court.

Answer 251

The suit is deemed to have been instituted on the date when the new Plaintiff or Defendant are substituted or added. [Section 21(1) of the Limitation Act, 1963]

Answer 252

As per Section 21 of the Limitation Act, 1) Where after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. 2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.

Answer 253

Fresh period of limitation begins to run at every moment of time during which the breach or the tort continues. [Section 22 of the Limitation Act, 1963]

Answer 254

Excluded- Section 15 (2) of Limitation Act, 1963. In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

Answer 255

A.Yes, half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid. (See Section 16A of the Court Fees Act).

Answer 256

The Plaintiff will be entitled to refund of full amount of court fees paid in respect of such Plaint. ( The Plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the Collector, the full amount of the fee paid in respect of such Plaint.)

Answer 257

The aggregate of court fee in respect of each subject separately is to be charged as provided under Section 17 of the Court Fees Act.

Answer 258

As per Section 19 of The Court Fees Act Exemption of certain documents - Nothing contained in this Act shall render the following documents chargeable with any fee:— (i) Power-of-attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union] not in civil employment. (ii) Written statements called for by the Court after the first hearing of a suit. (iii) Plaints in suits tried by village Munsifs in the Presidency of Fort St. George. (iv) Plaints and processes in suits before District Panchayats in the same residency. (v) Plaints in suits before Collectors under Madras Regulation 12 of 1816. (vi) Probate of a will, letters of administration, and, save as regards debts and securities a certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees. (vii) Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement. (viii) Application relating to a supply for irrigation of water belonging to Government. (ix) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently. (x) Application for service of notice of relinquishment of land or of enhancement of rent. (xi) Written authority to an agent to distrain. (xii) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.

Answer 259

Yes. Full or part court fees has to be refunded depending upon whether the order of remand covers the entire claim or part of it as provided under Section 13 of the Court Fees Act.

Answer 260

MODE OF COMPUTATION * In suits for money - According to the Amount Claimed. Section 7(i) of the Court Fees Act. * For maintenance and annuities - According to the value of the subject matter of the suit and such value shall be deemed to be ten times the amount claimed to be payable for one year. Section 7(ii) of the Court Fees Act. * Suits for movable property having a market value - According to such value at the date of presenting the Plaint. Section 7(iii) of the Court Fees Act. * Suit for a declaratory decree and consequential relief - Plaintiff shall state the amount at which he values the relief sought. Section7(iv) (d) of the Court Fees Act. * Suit for specific performance of a contract of sale - According to the amount of consideration. Section7(x) (a) of the Court Fees Act. * Suit for specific performance of a contract of lease - According to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term. Section7(x) (c) of the Court Fees Act. * Suit between the landlord and tenant for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy - According to the amount of the rent of the immoveable property to which the suit refers, payable for the year next before the date of presenting the Plaint. Section 7(xi) (cc) of the Court Fees Act.

Answer 261

The Court shall declare that the summons have been duly served. [Order 5 rule 9(5) Code of Civil Procedure]

Answer 262

(i) Adult daughter residing with him : Answer : Yes (ii) Minor son residing with him : Answer : No (iii) Servant residing with him : Answer : No (iv) Neighbour since 25 years. : Answer : No [Order 5 rule 15 Code of Civil Procedure]

Answer 263

The answer is (c)

Answer 264

The suit abates. [Order 22 rule 3 Code of Civil Procedure]

Answer 265

No fresh suit can be brought on the same cause of action. [Order 22 rule 9 Code Of Civil Procedure]

Answer 266

The defendant may apply to have the Plaint taken off the file.

Answer 267

Yes [Order 41 rule 5 Code of Civil Procedure]

Answer 268

Within 1 month of service upon him of the notice of hearing in the appeal.

Answer 269

(a) Answer : Yes [Order 41 Rule 27 Code of Civil Procedure] (b) Answer : No (c) Answer: Yes [Order 41 Rule 25 Code of Civil Procedure] (d) Answer : Yes [Order 41 Rule 24 Code of Civil Procedure]

Answer 270

As per Section 114 of CPC : Review.—Subject as aforesaid, any person considering himself aggrieved,— (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed by this Code, or (c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

Answer 271

It cannot exceed one fourth of the substantive sentence as provided under Section 24 (2) (b) BNSS.

Answer 272

Yes as provided u/s 24 (2) BNSS.

Answer 273

Section 386 (a) – dismiss the appeal/reverse such order and direct that further inquiry be made/ or that the accused be retried or committed for trial as the case may be or find him guilty and pass sentence on him according to law.

Answer 274

No the order is not valid as Sec 25 (2) proviso (b) r/w Sec 23 (2) BNSS.

Answer 275

Yes he can do so as provided under Sec 418 (3) BNSS.

Answer 276

No leave to appeal is mandatory as provided under Section 419 (3) BNSS.

Answer 277

No the appeal is barred under Section 416 BNSS.

Answer 278

Yes it can be done under Section 431 BNSS.

Answer 279

No, revision does not lie against an interlocutory order as provided under Section 438 (2) BNSS.

Answer 280

No revision would not be maintainable before the HC in view of Section 440 (3) BNSS.

Answer 281

Yes. Section 394

Answer 282

417. No appeal in petty cases – Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely:— (a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground— (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

Answer 283

Every memorandum of appeal shall be accompanied by copies of the decree and judgment, as prescribed by Order XLI, Rule 1 of the Civil Procedure Code. In the case of Second Appeals, in addition to the documents prescribed by Order XLI, Rule 1 of the Code, memorandum shall be accompanied by a copy of the judgment of the Court of First instance unless the appellate Court dispenses therewith. In all cases which are within the competence of Division Bench motion. Duplication type written copies of memorandum of appeal or revision and other essential documents shall be furnished by the appellant or applicant, as the case may be, both in Civil and Criminal cases. [Rule 2 (b) of Part A(a) of Chapter 1 of Volume-V]

Answer 284

Every memorandum of appeal shall be accompanied by copies of the decree and judgment, as prescribed by Order XLI, Rule 1 of the Civil Procedure Code. In the case of Second Appeals, in addition to the documents prescribed by Order XLI, Rule 1 of the Code, memorandum shall be accompanied by a copy of the judgment of the Court of First instance unless the appellate Court dispenses therewith. In all cases which are within the competence of Division Bench motion. Duplication type written copies of memorandum of appeal or revision and other essential documents shall be furnished by the appellant or applicant, as the case may be, both in Civil and Criminal cases. [Rule 2 (b) of Part A(a) of Chapter 1 of Volume-V]

Answer 285

(1) The Deputy Registrar/Assistant Registrar, In-charge of the Filing Counter, may specify the objections (a copy of which will be kept for the Court Record) and return for amendment and re-filing within a time not exceeding 7 days at a time and 30 days in the aggregate to be fixed by 2) If the memorandum of appeal is not taken back, for amendment within the time allowed by the Deputy Registrar/Assistant Registrar, in charge of the Filing Counter under sub-rule (1), it shall be registered and listed before the Court for its dismissal for non-prosecution. (3) If the memorandum of appeal is filed beyond the time allowed by the Deputy Registrar/Assistant Registrar, in charge of the Filing Counter, under sub-rule (1) it shall be considered as fresh institution. Explanation : The period of seven days or thirty days mentioned above shall commence from the date, the objections are put on the notice board. Note: The provisions contained in Rule 5(1), 5(2) and 5(3) shall mutatis mutandis apply to all matters, whether Civil or Criminal. [Chapter 1, Part A (a), Rule 5 of Delhi High Court, Vol. V]

Answer 286

As per Chapter 1 Part A(a) rule 4 of Delhi High Court Rules Vol. V, no memorandum of appeal preferred under clause 10 of the Letters Patent shall be entertained if presented after the expiration of 30 days from date of the judgment appealed from, unless the admitting Bench in its discretion, for good cause shown, grants further time for the presentation. Such memorandum of appeal need not be accompanied by a copy of the judgment appealed from, but a memorandum of appeal for which a certificate is required under clause 10, must contain a declaration to the effect that the Judge, who passed the judgment, has certified that the case is a fit one for appeal. The time spent in obtaining the certificate from the Judge (including the date of application and the date on which the Judge passed the order) shall be excluded in computing the period of limitation. Section 12 of the Indian Limitation Act governs an appeal under the Letters Patent and the appellant in such a case is entitled to exclude the “time requisite” for obtaining a copy of the judgment appealed against whether such copy is filed or not) even though under the rules of the Court no copy of the judgment required to be filed with the memorandum of appeal.

Answer 287

As per Rule 13 of Part A (a) of Chapter 1 of Volume V Improperly stamped document remains invalid unless filed through mistake and time extended for making up deficiency—Attention is drawn to the provisions of Sections 4 and 28 of the Court-fees Act, and it must be understood in connection with Section 5 of the Indian Limitation Act that an improperly stamped document even though received, filed or used in the Court remains invalid, unless it is proved to the satisfaction of the Court that it was so filed or used through mistake or inadvertence, and time is extended for making up the deficiency in the Court fees.

Answer 288

As per Chapter 1, Part E, Rule 6 of Volume V Evidence to be given by affidavit—When upon any application any evidence to be given, such evidence shall ordinarily be given by affidavit as provided in Order XIX, Rule 2 of the Code of Civil Procedure, and not otherwise, unless by an order of a Judge or Bench Explanation : Evidence give in support of any of the following or similar applications should be given by affidavit unless otherwise ordered:— (a) applications to admit an appeal or application, which is prima facie barred by time; (b) applications to add parties or to substitute representative of parties; (c) applications to re-admit an appeal or application which has been dismissed for default or to re-hear an appeal heard in the absence of the respondent. (d) applications to transfer or withdraw a suit or appeal; (e) applications to stay execution of decree or order; (f) applications for security of costs; and (g) applications for leave to appeal in forma pauperis.

Answer 289

As per Chapter 1 Part A(a), Rule 10 of Delhi High Court Rules Vol. V Every application for review of a judgment or order of a Division Bench, or of a Single bench of the High Court presented by an Advocate shall be signed by him, and he shall certify that the grounds contained therein are good and sufficient grounds for the review sought. No Advocate shall be heard in support of an application for review of any judgment or order unless and until he has certified in the manner above prescribed the grounds already taken or any amended grounds of application.

Answer 290

As per Chapter 1, Part A (b), Rule 5 of Volume V Bail Applications— In every application for bail presented to the High Court the petitioner shall state whether similar application has or has not been made to the Supreme Court, and if made shall state the result thereof. An application which does not contain this information shall be returned for re-submission with the necessary information.

Answer 291

Bench in cases of misconduct of Advocates - Every case for professional or other misconduct against an Advocate shall be laid before the Honourable the Chief Justice or a Judge nominated in this behalf for an order under Section 10(2) of the Indian Bar Councils Act, 1926, as to whether it be rejected summarily or whether an inquiry be held. If an inquiry is ordered, the case shall, after receipt of the findings of the Tribunal or the District Judge, be heard by a Bench of three Judges. [Rule 2(i) of Part B of Chapter 3 of Volume V]

Answer 292

Rule 1. Appeals to be accompanied by application for leave to appeal - No application for leave to appeal as a pauper shall be received unless it is accompanied by a memorandum of appeal, nor shall a memorandum of appeal purporting to be on behalf of a pauper be received unless it is accompanied by an application for leave to appeal as a pauper. A schedule of any movable or immovable property belonging to the applicant, with the estimated value thereof shall be annexed thereto. The schedule shall also be signed and verified in the manner prescribed for the signing and verification of pleadings. Rule 2(a). Who can present - Such application and memorandum shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, under Section 132 or Section 133 of the Civil Procedure Code or any other provision of law. In the latter case the application and memorandum can be presented by an authorised agent who can answer all material questions relating to the application. Such agent may be examined in the same manner as the party represented by him might have been examined, had such party attended in person. Rule 2(b). Grounds for exemption to be stated if not presented personally - Every such application, if presented by an agent shall state on the face thereof, that the applicant is a person exempted from appearance under Section 132 or Section 133 of the Code of Civil Procedure or any other provision of law and shall not be received unless it contains such statement. [Rule 1and 2 of Part B of Chapter 1 of Volume V]

Answer 293

Rule 2, Part B, Chapter 2 of Volume V. THE PRINTING OF PAPER-BOOKS IN SECOND APPEALS AND REVISIONS Contents of paper book where filing of paper books has been specifically ordered - Subject to specific orders of the Court, where filing of paper book has been ordered, paper books will be prepared and filed by the appellant(s) within one month of admission of the appeal, consisting of: (a) copies or translations of the judgments of the Lower Courts and the decree of the Lower Appellate Court; (b) the grounds of appeal or revision and a memorandum of the names of the parties or, if the appeal or revision was filed in vernacular, a translation thereof; and (c) a copy of the order of the Judge admitting the case to a Bench. Rule 2, Part C, Chapter 2 of Volume V. PREPARATION OF PAPER-BOOKS IN LETTERS PATENT APPEALS Contents of paper book where filing of paper books has been specifically ordered—In case where, by a special order of the Court, filing of paper book has been ordered, the paper book shall ordinarily consist of: (a) the memorandum of appeal; (b) a copy of the judgment appealed from; (c) copy of the judgment or other documents which were before the Judge from whose judgment the appeal is preferred.

Answer 294

6. Constitution of Full Bench— A Full Bench shall ordinarily be constituted of three Judges, but may be constituted of more than three Judges in pursuance of an order in writing by the Chief Justice. 7. Judges of Full Bench shall be nominated by the Chief Justice— The Chief Justice shall nominate the Judges constituting a Full Bench. [Rule 6 and 7 of Part B of Chapter 3 of Volume V]

Answer 295

Power delegated to the Registrar in Criminal cases—Under the Code of Criminal Procedure, the Registrar has been delegated with the following functions: Power to sign complaints under the proviso to Section 476(1), Criminal Procedure Code. [New Code clause (a) of Sub-section (3) of Sec. 340]. [Rule 2 of Part C of Chapter 3 of Volume V]

Answer 296

1. an appeal from an order under the Code of Civil Procedure and from an order passed in the execution of a decree; 2. an appeal under the Land Acquisition Act irrespective of the value of the subject matter; 3. an appeal relating to costs only; 4. an application for an order extending the time for, or directing any particular method of, service of notice on a respondent; 5. an application for the withdrawal of an appeal or application, or for a consent decree or order; [Rule 1 of Part B of Chapter 3 of Volume V]

Answer 297

Rule nisi— If the Court is of the opinion that a prima facie case for granting the application is made out, a rule nisi shall be issued calling upon the person or persons against whom the order is sought, to appear on a day to be named therein to show cause why such orders should not be made absolute and at the same time to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there to be dealt with according to law: Provided however that the Court may in any particular case order that the production of the body of the person restrained may be dispensed with. [Vol. V- Chapter 4, Part F(a), Rule 4]

Answer 298

Inspection of police papers prohibited— Police papers received in the Court in connection with any pending criminal case, and translation of such papers shall not be available for inspection, either by the convict or accused or by his agent or by any legal practitioner retained on his behalf. [Vol. V- Chapter 5, Part A, Rule 9]

Answer 299

Party entitled to copies of records and exhibits. (i) A party to a suit or appeal or writ or any other proceeding he is entitled, at any stage of the suit or appeal or writ or any other proceedings, to obtain on payment copies of the record of the suit or appeal or writ or any other proceedings, including exhibits which have been put in and finally accepted by the Court in evidence. Note : A party who has been ordered to file a written statement is not entitled to inspect or take a copy of the written statement filed by another party, until he has first filed his own. [Rule 2, Part B, Chapter 5 of Volume V]

Answer 300

Manner of destruction of record and stamps - The destruction of judicial records, books and papers including Court Fee Stamps affixed to documents which are to be destroyed, shall be effective by tearing either manually or through a shredding machine so as to render it unlikely that the documents as well as Court Fee Stamps affixed to documents so torn up may be used, again, by, or in the presence of, the supervising officer. [Rule 3(i) of Part (i) of Part (C) of Chapter 5 of Volume V]

Answer 301

As per Rule 1 of Part C of Chapter 3 of Volume V Powers delegated to the Registrar in civil cases— In accordance with the powers vested in them by clause 35 of the Letters Patent, the Honourable the Chief Justice and Judges of the Punjab High Court has been pleased to delegate the following functions to the Registrar. These functions shall be performed by the Registrar subject to such general or special orders as may, from time to time, be passed by the Honourable the Chief Justice: (i) Power to issue notices on an application for Probate or Letters of Administration or for revocation of the same. (ii) Power to dispose of all matters relating to the service of notices or other processes, including substituted service, except the power to dispense with service on pro forma respondents. (iii) Power to receive and dispose of an application under Order XXII, Rules 2, 3, 4 and 10 of the Code of Civil Procedure, and to amend the record, if necessary, except in cases under appeal to the Supreme Court. (iv) Power to appoint or discharge a next friend or guardian ad litem of a minor or person of unsound mind, except in cases under appeal to the Supreme Court, and to amend the record accordingly. (v) Power to receive and dispose of an application for the withdrawal of an appeal or a consent-decree or order. (vi) Power to receive and dispose of an application under Order XLI, Rule 10, of the Code of Civil Procedure. (vii) Power to receive an application under Order XLV, Rule 15, of the Code of Civil Procedure, and to issue notice thereon. (viii) Power to receive an application for substitution of names in an appeal to the Supreme Court, and to issue notice thereon. (ix) Power to receive and dispose of an application for the return of a document. (x) Power to require any person or party to file an affidavit with respect to any application or matter in respect of which he has power to exercise any discretion or to make any order.

Answer 302

Part A of Judicial record to be preserved permanently —The following documents belonging to Part A of a judicial record shall be preserved permanently, namely: In Civil cases (1) The index. (2) The judgment of the Court. (3) The decree of the Court. (4) Unreturned deeds. (5) One copy of the printed paper book in all cases in which a paper book is printed in other cases copies of the judgments of the Courts below and the memorandum of appeal presented in the High Court. In Criminal cases (1) The index. (2) The judgment of the Court. (3) Warrants of commitment or execution, when returned. (4) Unreturned deeds. (5) One copy of the printed paper book in all cases in which a paper book is printed and in other cases copies of the judgments of the Courts below and the memorandum of appeal presented in the High Court. [Rule 9 of Part II of Part C of Chapter 5 of Volume V]

Answer 303

As per Chapter 2, Rule 2 of DHC OS Rules, Reference to two or more Judges— A Judge, before whom any suit, application or other proceeding, interlocutory or otherwise, is pending, may, if he thinks fit, refer it or any question of law, practice or procedure arising therein to the Chief Justice, for constituting a Bench of two or more Judges to decide the same. If only a question has been referred, the Judge shall, after receipt of a copy of the judgment of the Bench so constituted, proceed to dispose of such suit, application or proceeding in conformity therewith.

Answer 304

As per Chapter II, Rule 3 of DHC OS Rules, The powers of the Court, including the power to impose costs in relation to the following matters, may be exercised by the Registrar: (1) Admission of plaints and applications and issue of summons and notices; (2) Application to amend the plaint, petition, written statement, replication or subsequent proceedings where the amendment sought is formal; (3) Application for attachment of property of absconding witness; (4) Inquiries directed by Court as to fitness of persons to act as trustees and receivers; (5) Application for leave of Court to file a plaint, when such leave is necessary; (6) Application under Section 52 of the Code; (7) Application for orders for payment of money realized in execution or otherwise deposited in Court, including uncontested applications to share assets realized under Section 73 of the Code;

Answer 305

a. False, As per Rule 12 of Chapter 7 of DHC OS Rules, 2018 b. True c. True, As per Rule 5 of Chapter 2 of DHC OS Rules, 2018 d. True, As per Rule 1 of Chapter 15 of DHC OS Rules, 2018 e. True, As per Rule 3 of Chapter 20 of DHC OS Rules, 2018

Answer 306

As per Chapter 15, Rule 3(c) of DHC OS Rules, If the persons specified in the list filed under sub-Rule (a) of this Rule 3 are unwilling to act as guardian ad litem, the Registrar may, if there be more defendants than one, and their interests are not adverse to that of the minor, appoint one of such defendants, who may be willing to act as guardian ad litem; or may appoint, forthwith, one of the officers of the Court as such guardian ad litem.

Answer 307

As per Chapter 18, Rule 3 of DHC OS Rules, Short cause matter shall include - (i) Ex-parte suits; (ii) Undefended suits; (iii) Suits to which Chapter XVI, applies including summary suits, cases where preliminary issues are to be decided, summary proceedings in commercial matters; (iv) Mortgage suits, rent suits on bonds or acknowledgement; (v) Objection to Commissioner’s report; (vi) Such other suits or matters as may, by special order of the Court, be directed to be tried as short causes

Answer 308

As per Chapter 6, Rule 9 of DHC OS Rules, Procedure where defendant refuses to accept service or cannot be found - Where the person to be served, or his agent, refuses to sign the acknowledgment, or where the serving Officer, after using all due and reasonable diligence, cannot find that person and there is no agent empowered to accept service of the summons on his behalf, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which that person ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court with a report endorsed thereon annexed thereto stating that he has so affixed the copy, the circumstances under which he did so and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed. He shall also obtain the signature of the person on the return, who identified the person or in whose presence the copy was affixed on the said house.

Answer 309

As per Chapter 1, Rule 11 and 12 of DHC OS Rules, 2018 Rule 11. Hours of Sitting.— Unless otherwise ordered by the Chief Justice, the Court shall hold its sittings on all working days from 10:30 a.m. to 1:15 p.m. and from 2:15 pm to 4:30 p.m. Rule 12. Office Hours.— The Offices of the Court shall remain open on all working days from 10.00 a.m. to 5.00 p.m. Any urgent matter filed before 12 noon shall be put before the Court for hearing on the following working day. In exceptional cases and with specific permission of the Judge-in-Charge (Original Side), it may be received thereafter for hearing on the following day.

Answer 310

As per Chapter 4, Rule 1 of DHC OS Rules 2018, All such documents filed in Court shall be accompanied by an index containing their details and page numbers.

Answer 311

As per Chapter 4 Rule 8 of DHC OS Rules 2018, Arrangement of record in pending matters. — The record of a suit shall be divided into the following parts:- (i) main file or part I of the suit record; (ii) interlocutory application file or Part II of the suit record; (iii) documents file or Part III of the suit record; (iv) evidence file or Part IV of the suit record; and (v) miscellaneous file or Part V of the suit record.

Answer 312

As per Chapter 5, Rule 4 and 5 of DHC OS Rules, 2018, Rule 4. Notice of determination of authority of Advocate.- Except in exceptional and unavoidable circumstances, a party desiring to obtain an order for determination of authority of his Advocate, who has filed a Vakalatnama on his behalf in a suit or matter, shall do so by application, after having first served notice thereof to the Advocate concerned, and move such application well within time, so that proceedings continue on the date fixed and are not adjourned for such reason. No adjournment shall be granted on ground of determination of authority of Advocate. Rule 5. Notice of discharge to a client.- An Advocate in a suit or matter desiring to obtain an order for his discharge, shall first serve notice of his intended application for discharge to his client, and the fact of such notice having been served shall be stated in the application. Such application must be moved well within time so that proceedings continue on the date fixed and are not adjourned for such reason. Provided that an Advocate may be discharged by consent of the Advocate and the party by a letter addressed to the Registrar and signed both by the Advocate and the party.

Answer 313

As per Rule 10 of Chapter 1 of DHC OS Rules, 2018 Custody of Records.— The Registrar General shall have custody of records of the Court, and no record or document filed in any cause or matter, shall be allowed to be taken out of the custody of the Court without leave of Court/Registrar General/ Registrar.

Answer 314

As per Chapter 1, Rule 4 (p) of DHC OS Rules, 2018, “Taxing Officer” means the Taxing Officer appointed under Section 5 of the Court-fees Act, as amended from time to time, and includes the Officer of the Court whose duty is to tax costs of proceedings in the Court;

Answer 315

a. The statement is False. According to Section 3 of the Limitation Act, 1963, the court is under a duty to dismiss a suit, appeal, or application that is barred by limitation, even if the defense of limitation has not been raised by the opposing party. In other words, the court must dismiss cases that are filed beyond the prescribed limitation period, unless sufficient cause is shown to condone the delay. b. The statement is False. According to Section 4 of the Limitation Act, 1963. c. The statement is True. Section 5 of the Limitation Act allows for the condonation of delay in filing a suit if sufficient cause is shown. The court has the discretion to condone the delay if it is satisfied that there is a valid and sufficient reason for the delay. d. The statement if False. According to Section 14 of the Limitation Act, 1963.

Answer 316

As per section 3 of the Limitation Act, Bar of limitation under section 3 is subject to the provisions contained in sections 4 to 24 (inclusive). Section 3 (2) For the purposes of this Act, – a) a suit is instituted, – (i) in an ordinary case, when the plaint is presented to the proper officer; (ii) in the case of a pauper, when his application for leave to sue as a pauper is made;

Answer 317

The "legal disability" referred to in the Limitation Act, 1963, primarily applies to certain categories of persons who are entitled to special provisions that prevent the running of time (i.e., the limitation period) against them. These categories of persons include minors, persons of unsound mind, and persons who are under other legal disabilities. The sections of the Limitation Act, 1963, that deal with the prevention of the running of time against persons suffering from legal disability are primarily found in Sections 6, 7, and 8 of the Act. Section 6, Limitation Act. Legal disability – 1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule. 2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified. 3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified. 4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained sub-sections (1) and (2) shall apply. 5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died. Explanation – For the purposes of this section, ‘minor’ includes a child in the womb.

Answer 318

Under the Limitation Act, 1963, Section 19 deals with the effect of part payment of a debt before the expiration of the prescribed limitation period by the person liable to pay the debt or by their agent. Here's the effect as per Section 19: If a person liable to pay a debt makes a part payment of that debt before the expiration of the prescribed limitation period, and such payment is made either by the debtor or by their authorized agent, it has the effect of resetting or renewing the limitation period for the entire debt, not just the amount paid. In other words, the clock for the limitation period starts afresh from the date of the last payment. For example, if a debt became time-barred, but the debtor made a part payment toward that debt, the entire debt's limitation period would restart from the date of that part payment. This provision encourages creditors to negotiate with debtors and receive part payments without losing their ability to pursue the full debt through legal action, as long as the part payment is made within the original limitation period.

Answer 319

Section 12 of the Limitation Act, 1963, encompasses several provisions regarding the exclusion of time in legal proceedings. The key points in Section 12: 1. Exclusion of the First Day: When calculating the limitation period for any suit, appeal, or application, the day from which the period starts is excluded. In other words, the period begins from the day after the triggering event. 2. Exclusion of Time for Appeals and Applications: In cases involving appeals or applications for leave to appeal, revision, or review, the day on which the judgment being challenged was pronounced is excluded, along with the time needed to obtain a copy of the decree, sentence, or order that is the subject of the appeal, revision, or review. This exclusion ensures that the time spent on these initial steps does not count against the limitation period. 3. Exclusion of Time for Copy of Judgment: When appealing from a decree or order, seeking revision or review, or applying for leave to appeal from a decree or order, the time required to obtain a copy of the judgment is also excluded from the limitation period. 4. Exclusion of Time for Setting Aside an Award: In cases where an application is made to set aside an award, the time needed to obtain a copy of the award is excluded from the limitation period. The overall objective of Section 12 is to account for the time involved in obtaining essential documents, such as judgments, decrees, sentences, or awards, so that litigants are not unfairly disadvantaged by the time it takes to access these materials. However, the time taken by the court to prepare the decree or order before an application for a copy is made is not excluded under this section.

Answer 320

As per Chapter 3, Sections 7 of The Court Fees Act: a. According to the amount claimed. b. According to the amount of the consideration c. According to the principal money expressed to be secured by the instrument of mortgage d. According to the amount at which the relief sought is valued in the plaint or memorandum of appeal : In all such suits the plaintiff shall state the amount at which he values the relief sought. e. According to the amount for which the land or interest was attached: Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest. f. According to the value of the subject-matter g. According to the amount claimed h. According to the amount at which the relief sought is valued in the plaint or memorandum of appeal : In all such suits the plaintiff shall state the amount at which he values the relief sought. i. According to the principal money expressed to be secured by the instrument of mortgage j. According to the amount at which the relief sought is valued in the plaint or memorandum of appeal : In all such suits the plaintiff shall state the amount at which he values the relief sought.

Answer 321

As per Section 8 of the Court Fees Act, Fee on memorandum of appeal against order relating to compensation – The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.

Answer 322

As per Section 17 of The Court Fees Act Multifarious suits - Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the power conferred by the Code of Civil Procedure, section 9.

Answer 323

As per Section 19 of The Court Fees Act Exemption of certain documents - Nothing contained in this Act shall render the following documents chargeable with any fee:— (i) Power-of-attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union] not in civil employment. (ii) Written statements called for by the Court after the first hearing of a suit. (iii) Plaints in suits tried by village Munsifs in the Presidency of Fort St. George. (iv) Plaints and processes in suits before District Panchayats in the same residency. (v) Plaints in suits before Collectors under Madras Regulation 12 of 1816. (vi) Probate of a will, letters of administration, and, save as regards debts and securities a certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees. (vii) Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement. (viii) Application relating to a supply for irrigation of water belonging to Government. (ix) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently. (x) Application for service of notice of relinquishment of land or of enhancement of rent. (xi) Written authority to an agent to distrain. (xii) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.

Answer 324

As per Section 19A of the Court Fees Act Relief where too high a court-fee has been paid – Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue-authority [for the local area] in which the probate or letters has or have been granted, and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said Authority may— (a) cancel the stamp on the probate or letters if such stamp has not been already cancelled; (b) substitute another stamp for denoting the court-fee which should have been thereon; and (c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.

Answer 325

A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. 2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service. [Section 22 and 23 of The BNSS, 2023]

Answer 326

The powers of Criminal Court to Award consecutive and concurrent sentence:- In the absence of any specific direction from the Magistrate, the sentences will be run consecutive. As per section 25 of BNSS, 2023: 1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. 2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that- (a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. 3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

Answer 327

(a) As per Section 415 (2), Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial; may appeal to the High Court. (b) No appeal lies. Sec. 416. No appeal in certain cases when accused pleads guilty – Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,— (a) if the conviction is by a High Court; or (b) if the conviction is by a Court of Session, or Magistrate of the first or second class, except as to the extent or legality of the sentence. (a) if the conviction is by a High Court; or (b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence. [Section 374, 375 and 416 of The BNSS, 2023]

Answer 328

Section 30 of the Cr. P.C. 1973, further provides that: 1) the Court of a Magistrate may award such term of imprisonment in default of fine as is authorised by law: Provided that the term- (a) is not in excess of the power of the Magistrate under section 29; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrative under section 29.

Answer 329

As per Section 419 of The BNSS, 2023 Appeal in case of acquittal - (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5), - (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal– (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).

Answer 330

Reference (Section 113 of CPC):- i. The powers of the reference is vested to the Court; ii. Reference is always made to the High court, iii. Reference is made when a suit, appeal or execution of proceedings is pending so that the Court may arrive at a correct conclusion. Review (Section 114 of CPC):- i. The powers of the review is exercised by that very Court, which passed the decree or order; ii. Review can be made even if an appeal lies but the same has not been preferred; iii. The grounds for review may be discovery of new and important matter or evidence; mistake or error apparent on the face of the record; any other sufficient reason. iv. Review application has to make by the aggrieved party; v. an appeal lies to the order of review; Revision (Section 115 of CPC):- i. It is only the competence of the Court superior to that which decided the case to exercise of revision. ii. High Court can exercise the re-visional powers only where there is no appeal; iii. The grounds for revision are always in respect of jurisdiction viz. want of jurisdiction, failure to exercise of jurisdiction or the exercise of jurisdiction illegally or with material irregularity; iv. In revision High Court may itself call for record of any case; v. An order made in the exercise of re-visional jurisdiction is not appeal able.

Answer 331

(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. (2) An appeal may lie under this section from an appellate decree passed ex parte. (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question : Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question. Yes, a second appeal lie from an appellate decree passed ex-parte. [Section 100 of Code of Civil Procedure, 1908]

Answer 332

As per Rule 20 (1) of Order V of Code of Civil Procedure, 1908, Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house(if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit. Rule 20(1) (a) where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain. (2) Effect of substituted service - Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally. (3) Where service substituted, time for appearance to be fixed - Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.

Answer 333

(a) Rule 21. Service of summons where defendant resides within jurisdiction of another Court — A summons may be sent by the Court by which it is issued, whether within or without the State, either by one of its officers or by post or by such courier service as may be approved by the High Court, by fax massage or by Electronic Mail Service or by any other means as may be provided by the rules made by the High Court to any Court (not being the High Court) having jurisdiction in the place where the defendant resides. (b) Rule 24. Service on defendant in prison — Where the defendant is confined in a prison, the summons shall be delivered or sent or by post or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail Service or by any other means as may be provided by the rules made by the High Court to the officer in charge of the prison for service on the defendant. [Rule 21 and 24 of Order V of CPC]

Answer 334

Guardian for the suit to be appointed by Court for minor defendant 1. Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. 2. An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. 3. Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed. 4. Order shall be made on any application under this rule except upon notice to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, upon notice to the father or where there is no father or mother, to other natural guardian], of the minor, or, where there is no father, mother or other natural guardian], to the person in whose care the minor is, and after hearing any objection which may be urged on behalf of any person served with notice under this sub-rule. The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also. 5. A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his appointment is terminated by retirement, removal or death, continue as such throughout all proceedings arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in the execution of a decree. [Order XXXII, Rule 3 of Code of Civil Procedure, 1908] Who may act as next friend or be appointed guardian for the suit 1. Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit: Provided that the interest of such person is not adverse to that of the minor and that he is not, in the case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff. 2. Where a minor has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the Court considers, for reasons to be recorded, that it is for the minor's welfare that another person be permitted to act or be appointed, as the case may be. 3. No person shall without his consent be appointed guardian for the suit. 4. Where there is no other person fit and willing to act as guardian for the suit, for Court may appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer in the performance of his duties as such guardian shall be borne either by the parties or by any one or more of the parties to the suit, or out of any fund in Court in which the minor is interested or out of the property of the minor, and may give directions for the repayment or allowance of such costs as justice and the circumstances of the case may require. [Order XXXII, Rule 4 of Code of Civil Procedure, 1908] Minor to sue by next friend - Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor. [Order XXXII, Rule 1 of Code of Civil Procedure, 1908]

Answer 335

As per Rule 1, sub-part 1, Part C, Chapter 5, Delhi High Court Rules Vol. V, all judicial records, books and papers in respect of which the prescribed period, for their reservation has expired, shall be destroyed in accordance with the direction contained in the rules. Provided that the Deputy Registrar may order, for reasons to be specified, that any particular paper or the record of any particular case by preserved beyond such period. Notwithstanding any period of preservation prescribed in these Rules, any judicial record, book or paper, may be destroyed after being retained in electronic form, in accordance with Section 7 of the Information Technology Act, 2000. Explanation: According to Section 7 of the Information Technology Act, 2000, where any law provides that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such document, records or information are retained in the electronic form. As per Rule 14, sub-part 2, Part C, Chapter 5, Delhi High Court Rules Vol. V Date from which period to be reckoned —The period prescribed by Rules 10, 11 and 12 of these rules for the preservation of a judicial record, shall be reckoned from the date of the final order of the Court in the case. As per Rule 26 of Sub-part 4, Part C, Chapter 5 Mode of calculating period of preservation —The period for which a paper is to be preserved shall be reckoned from the 1st of January following the date which it bears, e.g., papers of 1885, which under these rules have to be retained for one year, will become liable to destruction after 31st December, 1886.

Answer 336

Civil Registers 1. Civil First Appeals (Regular and Executions) 2. Civil Second Appeals (Regular and Executions) 3. Civil Miscellaneous 4. Civil Regular and Execution First Appeals (by districts) 5. Civil Regular and Execution Second Appeals (by districts) 6. Privy Council Civil Appeals 7. Federal Court Civil Appeals 8. Supreme Court Civil Appeals 9. Original Matrimonial Cases 10. Matrimonial References Criminal Registers 1. Criminal Appeals 2. Criminal Revision 3. Criminal Miscellaneous 4. Murder References 5. Criminal Originals 6. Criminal Appeals (by districts) 7. Privy Council Criminal Appeals 8. Federal Court Criminal Appeals 9. Supreme Court Criminal Appeals 10. Trial of European British Subject [Part III of Chapter 5 of Volume V]

Answer 337

Rule 2. When affidavits necessary - When a memorandum of appeal, cross-objection, petition or application in any proceeding in the High Court contains an assertion of any fact or facts contrary to or outside the record or not supported by evidence already on record, such assertion shall be supported by one or more affidavits. Rule 5. Counter-affidavit - Facts asserted by a party showing cause against any appeal, application or petition supported by affidavit, shall likewise be supported by affidavit, whether the facts asserted be in contradiction of the facts asserted in support of the same or be fresh matter. Such affidavits must ordinarily be presented before the date fixed for the hearing but may with the permission of the Judge be presented at the hearing. Rule 4. Effect of absence of affidavit - Any ground contained in any such memorandum of appeal, cross-objection, application, or petition containing an assertion of fact not supported by affidavit may on the hearing thereof be ordered, by the Judge or Bench to be struck out or amended summarily, unless leave be granted to present an affidavit in support thereof. [Rule 2, 5, and 4 of Part E of Chapter 1 of Volume V]

Answer 338

Rule 1. Dispensing filing of paper books in Second Appeals – In Second Appeals from Order or Decree, appellant will not be required to file paper books except when specifically required by the Court. The original Trial Court Record and record of first appeal, however, shall be made available to the Court at the time of hearing of arguments. Rule 2. THE PRINTING OF PAPER-BOOKS IN SECOND APPEALS AND REVISIONS Contents of paper book where filing of paper books has been specifically ordered - Subject to specific orders of the Court, where filing of paper book has been ordered, paper books will be prepared and filed by the appellant(s) within one month of admission of the appeal, consisting of: (d) copies or translations of the judgments of the Lower Courts and the decree of the Lower Appellate Court; (e) the grounds of appeal or revision and a memorandum of the names of the parties or, if the appeal or revision was filed in vernacular, a translation thereof; and (f) a copy of the order of the Judge admitting the case to a Bench. [Rule 1 and 2 of Part B of Chapter V]

Answer 339

Powers of the Registrar - The powers of the Court, including the power to impose costs in relation to the following matters, may be exercised by the Registrar: 1. Admission of plaints and applications and issue of summons and notices; 2. Application to amend the plaint, petition, written statement, replication or subsequent proceedings where the amendment sought is formal; 3. Application for attachment of property of absconding witness; 4. Inquiries directed by Court as to fitness of persons to act as trustees and receivers; 5. Application for leave of Court to file a plaint, when such leave is necessary; 6. Application under Section 52 of the Code; 7. Application for orders for payment of money realized in execution or otherwise deposited in Court, including uncontested applications to share assets realized under Section 73 of the Code; 8. Application under Orders I rules 2, 3A, 6, and 10 of the Code; 9. Application under Order I rule 8 of the Code for leave to sue or defend on behalf of or for the benefit of all having the same interest; 10. Application under Order II rule 2(3) of the Code; 11. Application for the admission or appointment of a next friend or guardian ad litem of a minor or a person of unsound mind or new next friends or guardians ad litem; 12. Application for fresh summons or notices and regarding service thereof; 13. Application for orders for substituted service of summons or notice; 14. Application for transmission of process for service to another court; 15. Application for permission to withdraw any suit or application by consent or where the other side has not appeared; 16. Application for leave to file a further or additional written statement; 17. Application under Order IX rule 4 and rule 7 of the Code; [Rule 3 of Chapter 2 of DHC OS Rules]

Answer 340

Rule 1. Proceedings how written.- (a) Every plaint, written statement, application, petition and the like presented to Court:— (i) shall be in English; (ii) shall, subject to Annexure C to these Rules, be fairly and legibly type written, lithographed or printed in double spacing on one side of A4 size white paper with an inner margin of about three centimeters width on top and on the left side, one centimeter on the right side and two centimeters on the bottom; (iii) shall in its cause title state “in the High Court of Delhi” and shall state the jurisdiction, whether Original, Civil, Testamentary or Intestate etc. in which it is presented; (iv) shall be divided into paragraphs that are numbered consecutively, each paragraph containing, as nearly as may be, a separate allegation; and comply with requirements of the Code; (v) shall be paginated numerically. Alpha numerical pagination will not be accepted. (b) Dates—Where Saka or other dates are used, corresponding dates of Gregorian calendar shall also be given. (c) Memo of parties—Full name, parentage and other particulars as stipulated in Rule 3 of this Chapter, describing each party, shall be provided. If a party sues or is sued in a representative character, it shall be so set out at the beginning of the plaint, petition, application, written statement or reply and need not be repeated in subsequent proceedings in the same suit or matter. (d) The names of parties shall bear consecutive numbers and a separate line should be allotted to the name and description of each party. These numbers shall not be changed, and in the event of death of a party during pendency of the suit or matter, his heirs or representative, if more than one, shall be shown by sub-numbers. Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in. (e) Every plaint, petition, original proceeding or application shall state, immediately after the cause title, the provision of law under which it purports to be made. To the extent plaintiff/ party/ his Advocate is aware, that the subject matter of the suit/ petition/ original proceeding being instituted is also directly and substantially the subject matter of any pending litigation in the Court, a suitable endorsement to that effect shall be made below the non-filing clause of such plaint, petition, original proceeding or on the index of any other application. [The plaint shall contain a statement certifying authenticity of document(s) / copies filed.] Rule 5. Translation of documents—(1) No document in a language other than English, intended to be used in any proceeding before Court, shall be received by the Registry, unless it is accompanied by an English translation thereof, (i) agreed to by all parties; or (ii) certified to be a true translation (a) by an Advocate engaged, in the case; or (b) by any other Advocate, whether engaged in the case or not, provided the Advocate engaged in the case authenticates such certification; or (iii) prepared by an official translator of the Court; or (iv) prepared by an official translator from authorities/ bodies duly recognized by the Court, Central or State Governments; or (v) prepared by a translator specially appointed or approved for the purpose by the Registrar. [Chapter 3, Rule 1 and 5 of DHC OS Rules, 2018]

Answer 341

“Interlocutory Application” means an application in any suit, appeal or proceeding, already instituted in the Original Side of the Court, not being a proceeding for execution of a decree or order; [Chapter 1, Rule 4 (i) of DHC OS Rules, 2018] Contents of Interlocutory Application – (i) Except where otherwise provided by these Rules or by any law for the time being in force, an interlocutory application: (a) shall contain only one prayer or one series of alternative prayers of the same kind; (b) shall not contain any argumentative matter; (c) shall be supported by an affidavit, stating clearly the grounds and the facts on which the application is based. Where the application is for condonation of delay, the exact period of delay and the reasons thereof shall also be clearly stated in the application; (d) an advance copy of the application together with its affidavit and other documents/ material, filed along therewith, shall be served upon the opposite party. The applicant shall intimate all Advocates in the matter about the filing and likely date of listing of the said application and give an undertaking on the index of the application to the effect that all parties to the litigation have been duly served. The application shall be accompanied by written proof of such intimation and their respective service and number of non-applicants. The application shall not be listed by the Registry unless it complies with this sub-rule. (ii) Where an advance copy of the application has been served on the non-applicant or his Advocate, the Court shall proceed to hear the application and pass such orders as may be considered appropriate on the application without issuing any notice to the non-applicant or his Advocate, unless it directs otherwise. The applicant shall be bound to intimate the opposite parties by any or all modes including SMS/ e-mail/ fax or any other recorded delivery of the date on which the application is scheduled to be listed. Non-appearance of the non-applicant on the said date may result in adverse orders being passed against the non-applicant. (iii) Notwithstanding Rule 2(ii) of this Chapter, the Registry may direct filing of additional copies for service of the opposite party. (iv) Where an applicant desires that he be heard in Camera for the purpose of passing an ex-parte interim order, he shall file an application stating reasons thereof. On such application being allowed, only the name/ pseudo name of the applicant shall appear in the cause list as may be directed by Court. [Rule 2 of Chapter 10 of DHC OS Rules]

Answer 342

In a legal context, "taxation of costs" refers to the process of assessing and determining the amount of costs that one party in a lawsuit is entitled to recover from the other party. Costs are the expenses incurred during the course of a legal proceeding, such as court filing fees, deposition expenses, photocopying costs, expert witness fees, and other reasonable and necessary expenses associated with the litigation. Taxation of costs typically occurs at the conclusion of a legal case, after a judgment or final order has been issued. The prevailing party (the party that has won the case) can submit a bill of costs to the court, detailing the expenses they incurred in pursuing or defending the lawsuit. The court then reviews these costs to ensure they are reasonable and were necessary for the case. The opposing party may have the opportunity to object to certain costs if they believe they are not reasonable or necessary. Once the court has reviewed the bill of costs and any objections, it will make a determination about the amount of costs that the prevailing party is entitled to recover. The court's decision regarding the taxation of costs is typically included in the final judgment or order in the case. Taxation of costs is an important aspect of the legal process, as it helps ensure that the prevailing party is reimbursed for the expenses they incurred in pursuing or defending their legal rights. However, it is subject to court oversight to prevent excessive or unreasonable cost claims. As per Rule 4 of Chapter 23 of DHC OS Rules, 2018, Taxing Officer can extend the time in filing the bill of cost.

Answer 343

Transmission of decree for execution – (a) An application for transmission of a decree to another Court for execution shall be in the form prescribed and shall specify the Court to which the transmission of the decree is sought and whether the decree has already been satisfied in part and if so, to what extent. The same shall be supported by an affidavit. It shall also be accompanied by a certified copy of the decree or an application for the same. (b) The Registrar shall transmit by registered post, at the cost of the applicant, the certified copy of the decree together with the other documents mentioned in Order XXI rule 6 of the Code, to the Court to which the transmission is sought in accordance with the provisions of rules 4 and 5 of Order XXI of the Code. [Chapter 24, Rule 2 of DHC OS Rules, 2018]

Answer 344

Yes As per Section 5 of the Limitation Act. Extension of prescribed period in certain cases – Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation – The fact that the appellant or the applicant was missed by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.

Answer 345

1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. 2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded. 3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment shall also be excluded. 4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded. Explanation – In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded. [Section 12 of the Limitation Act] In the light of Section 14 of The Limitation Act, Yes, Suit can be entertained beyond the period of limitation, if the party had withdrawn a suit filed in a wrong court 14. Exclusion of time of proceeding bona fide in court without jurisdiction – 1. In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. 2. In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. 3. Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature. Explanation – For the purposes of this section, – a) in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted; b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding; c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.

Answer 346

Orders from which appeal lies.— (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:— (ff) an order under section 35A; (ffa) and order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be; (g) an order under section 95; (h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree; (i) any order made under rules from which an appeal is expressly allowed by rules: Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made. (2) No appeal shall lie from any order passed in appeal under this section. [The Code of Civil Procedure, 1908, Section 104] Meaning of Regular Appeal - A "regular appeal" refers to an appeal filed before a higher court (usually the High Court or the Supreme Court) against a judgment, decree, or order passed by a lower court (usually a civil court). This type of appeal is commonly filed to challenge the decision of the lower court on various legal and factual grounds.

Answer 347

Every suit by a minor shall be instituted in his name by a person who in such shall be called the next friend of the minor. Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented. [Rule 1 and 2(i) of Order XXXII of Code of Civil Procedure, 1908] Course to be followed by minor plaintiff or applicant on attaining majority:- (1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application. (2) Where he elects to proceed with the suit or application, he shall apply for an order discharging the next friend and for leave to proceed in his own name. (3) The title of the suit or application shall in such case be corrected so as to read henceforth thus: "A.B., late a minor, by C.D., his next friend, but now having attained majority." (4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant, apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant or opposite party or which may have been paid by his next friend. (5) Any application under this rule may be made ex parte but no order discharging a next friend and permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend. [Rule 12 of Order XXXII of Code of Civil Procedure, 1908]

Answer 348

Sec. 22 of The BNSS, 2023. Sentences which High Courts and Sessions Judge may pass – 1) A High Court may pass any sentence authorised by law. 2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

Answer 349

As per Section 419 of The BNSS, 2023 Appeal in case of acquittal - (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5), - (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal– (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).

Answer 350

442. High Court's powers of revision - (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

Answer 351

Every memorandum of appeal shall be accompanied by copies of the decree and judgment, as prescribed by Order XLI, Rule 1 of the Civil Procedure Code. In the case of Second Appeals, in addition to the documents prescribed by Order XLI, Rule 1 of the Code, memorandum shall be accompanied by a copy of the judgment of the Court of First instance unless the appellate Court dispenses therewith. In all cases which are within the competence of Division Bench motion. Duplication type written copies of memorandum of appeal or revision and other essential documents shall be furnished by the appellant or applicant, as the case may be, both in Civil and Criminal cases. [Rule 2 (b) of Part A(a) of Chapter 1 of Volume-V]

Answer 352

Every memorandum of appeal shall be accompanied by copies of the decree and judgment, as prescribed by Order XLI, Rule 1 of the Civil Procedure Code. In the case of Second Appeals, in addition to the documents prescribed by Order XLI, Rule 1 of the Code, memorandum shall be accompanied by a copy of the judgment of the Court of First instance unless the appellate Court dispenses therewith. In all cases which are within the competence of Division Bench motion. Duplication type written copies of memorandum of appeal or revision and other essential documents shall be furnished by the appellant or applicant, as the case may be, both in Civil and Criminal cases. [Rule 2 (b) of Part A(a) of Chapter 1 of Volume-V]

Answer 353

(1) The Deputy Registrar/Assistant Registrar, In-charge of the Filing Counter, may specify the objections (a copy of which will be kept for the Court Record) and return for amendment and re-filing within a time not exceeding 7 days at a time and 30 days in the aggregate to be fixed by 2) If the memorandum of appeal is not taken back, for amendment within the time allowed by the Deputy Registrar/Assistant Registrar, in charge of the Filing Counter under sub-rule (1), it shall be registered and listed before the Court for its dismissal for non-prosecution. (3) If the memorandum of appeal is filed beyond the time allowed by the Deputy Registrar/Assistant Registrar, in charge of the Filing Counter, under sub-rule (1) it shall be considered as fresh institution. Explanation : The period of seven days or thirty days mentioned above shall commence from the date, the objections are put on the notice board. Note: The provisions contained in Rule 5(1), 5(2) and 5(3) shall mutatis mutandis apply to all matters, whether Civil or Criminal. [Chapter 1, Part A (a), Rule 5 of Delhi High Court, Vol. V]

Answer 354

Section and enactment to be specified — Every memorandum of appeal or application shall specify the section of the enactment under which the appeal or application lies. The Deputy Registrar is authorised to refuse to receive any memorandum of appeal or application which does not comply with this rule. [Rule 3 of Part A(a) of Chapter 1 of Volume-V]

Answer 355

The Deputy Registrar is authorised to examine and impound under Section 33(2) (b) of the Indian Stamp Act, 1899, any instrument not duly stamped. [Rule 14, Part A(a) of Chapter 1 of Volume-V]

Answer 356

In every application for bail presented to the High Court the petitioner shall state whether similar application has or has not been made to the Supreme Court, and if made shall state the result thereof. An application which does not contain this information shall be returned for re-submission with the necessary information. [Rule 5 of Part A(b) of Chapter 1 of Volume-V]

Answer 357

When a memorandum of appeal, cross-objection, petition or application in any proceeding in the High Court contains an assertion of any fact or facts contrary to or outside the record or not supported by evidence already on record, such assertion shall be supported by one or more affidavits. [Rule 2 of Part E of Chapter 1 of Volume-V]

Answer 358

Under the provisions of Section 139, clause (b) of the Code of Civil Procedure, the following officers have been appointed by the High Court to administer the oath to the deponent in the case of any affidavit under the said Code: (1) The Registrar for the time being. (2) The Deputy Registrar for the time being. (3) The Superintendent Judicial for the time being. (4) The Private Secretary to the Chief Justice. [Chapter 1, Part E, Rule 9 of Delhi High Court Rules, Vol. V]

Answer 359

Statistical Register: The statistical registers are for purpose of preparing the monthly and annual returns of the Court. E.g. Average duration of Civil Appeals, Average duration of Criminal appeals and revisions. [Chapter 5 Part-C, sub-part 2, rule 18, 19 and 20 of DHC Rules, Vol. V]

Answer 360

Subsidiary Register: The subsidiary registers are for administrative purposes. E.g. Outstation Dak Book, Station Dak Book [Chapter 5 Part-C, sub-part 2, rule 18, 19 and 20 of DHC Rules, Vol. V]

Answer 361

Primary Register: The primary registers are those which have to do directly with cases filed in Court, and which form an abstract of the progress and disposal of such cases. E.g. Civil First Appeals, Civil Second Appeals. [Chapter 5 Part-C, sub-part 2, rule 18, 19 and 20 of DHC Rules, Vol. V]

Answer 362

On the presentation of an appeal or petition to which these rules apply, the person presenting the same shall deposit the amount required to defray the cost of translation, if any, or to cover the cost of checking of the translated record, if any. No appeal or petition will be accepted unless accompanied by such deposit. [Chapter 2 Part-D Rule 4 of DHC Rules, Vol. V]

Answer 363

In First Appeals from Orders or Decree, appellant will not be required to file paper books except when specifically required by the Court. [Chapter 2, Part A, Rule 1 of Volume V]

Answer 364

Subject to specific orders of the Court, where filing of paper book has been ordered, paper books will be prepared and filed by the appellant(s) within one month of admission of the appeal, consisting of: (a) The plaint and pleas. (b) Issues. (c) Documents either referred to in the plaint as forming the basis of the suit or considered by the Court in its judgment, or duly proved by either of the parties in the Court. Documents in the vernacular will be translated into and typed/computer printed in English. (d) Oral evidence whether recorded in Court or on commission. (e) Impugned Judgement/Decree. (f) Grounds of Appeal. (g) The order of the Bench admitting the appeal. [Chapter 2 Part-A, rule 2 of DHC Rules, Vol. V]

Answer 365

As per Rule 6 of Part E of Chapter 2 of Volume V Supply of copies to parties—In every case where a paper book has been ordered to be prepared each of the appellant or respondent, appearing separately, shall be supplied with such number of copies free of charge as may be ordered by the Court.

Answer 366

Filing Memorandum of appeal in case of oral judgment - A memorandum of appeal in a case in which judgment has been delivered orally, shall be received and filed without a copy of the judgment. [Chapter 4, Part G, Rule 8 of Volum V]

Answer 367

As per Rule 1 of Part A of Chapter 5 of Volume V, The inspection of records of decided cases will be allowed only under the orders of the Deputy Registrar.

Answer 368

As per Rule 2 of Part C of Chapter 1 of Volume V, Appeals by persons other than parties to the decree or order appealed from - Whenever by a decree or order which is appealable to the High Court the interest of: (a) a beneficiary in property which at the date of such decree or order was vested in or in the possession of a trustee, an executor, an administrator, or a receiver or manager appointed by a Court who as such was a party to such decree or order; or (b) a legal representative as such of a deceased party to such decree or order; or (c) an assignee of a party to such decree or order by assignment subsequent to the date of such decree or order; or (d) a person whose interest arose after the date of any such creation or devolution of interest by, through, or from any party to such decree or order is affected; and such beneficiary, legal representative, assignee, or person was not or has not been made a party to such decree or order or to proceedings thereunder or thereon, and desires to present to the High Court for admission a memorandum of appeals from such decree or order, he may name himself therein as an appellant if at time when he presents such memorandum of appeal for admission he along with such memorandum of appeal presents an application for leave to make himself an appellant, and, except as hereinafter provided, an affidavit stating such facts as may be necessary in support of his application: Provided always, that a Judge of the High Court may, by an order, allow in his discretion a reasonable time in that behalf for the presentation of such an affidavit if it appears to him that the applicant could not by the exercise of due diligence have procured such affidavit in time for presentation along with the memorandum of appeal.

Answer 369

As per Rule 4(i) of Chapter 1 of DHC OS Rules, 2018, “Interlocutory Application” means an application in any suit, appeal or proceeding, already instituted in the Original Side of the Court, not being a proceeding for execution of a decree or order.

Answer 370

As per Rule 4(k) of Chapter 1 of DHC OS Rules, 2018, “Registrar” means and includes the Registrar and Joint Registrar, respectively of the Court, and includes any other officer of the Court to whom the powers and functions of the Registrar under these Rules, may be delegated or assigned.

Answer 371

As per Rule 4(p) of Chapter 1 of DHC OS Rules, 2018, “Taxing Officer” means the Taxing Officer appointed under Section 5 of the Court-fees Act, as amended from time to time, and includes the Officer of the Court whose duty is to tax costs of proceedings in the Court.

Answer 372

Custody of Records - The Registrar General shall have custody of records of the Court, and no record or document filed in any cause or matter, shall be allowed to be taken out of the custody of the Court without leave of Court/Registrar General/ Registrar. [Rule 10 of Chapter 1 of DHC OS Rules, 2018]

Answer 373

Court record - The record of the case or relevant portion thereof, shall not be taken outside the Court premises except unless directed by the Court/ Registrar General/ Registrar in exceptional circumstances and for reasons to be recorded by the Court/ Registrar General/ Registrar. [Rule 27 of Chapter 11 of DHC OS Rules, 2018]

Answer 374

As per Chapter 14, Rule 10 of DHC OS Rules Errors how rectified after decree sealed.— After a decree or order has been signed, any application to rectify any inaccuracy, other than a clerical or arithmetical error and to make it in accordance with the judgment, shall be made to the Judge who passed the decree or order, or in the event of his absence, to any other Judge, and the Judge may, after notice to parties, when he deems it necessary, amend the same so as to bring it into conformity with the judgment, or rectify such inaccuracy or error. Save as aforesaid, no alternation or variation shall be made without a review of judgment, and re-hearing under the provisions of Section 114 and Order XLVII of the Code.

Answer 375

As per Rule 3 of Chapter 18 of DHC OS Rules, Short cause matter shall include - (i) Ex-parte suits; (ii) Undefended suits; (iii) Suits to which Chapter XVI, applies including summary suits, cases where preliminary issues are to be decided, summary proceedings in commercial matters; (iv) Mortgage suits, rent suits on bonds or acknowledgement; (v) Objection to Commissioner’s report; (vi) Such other suits or matters as may, by special order of the Court, be directed to be tried as short causes.

Answer 376

As per Rule 5 of Chapter 19 of DHC OS Rules, Contents of affidavit - Affidavits shall be confined to such facts as the deponent is able, of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted, provided that the grounds thereof are stated.

Answer 377

Contents of the Bill of costs.— The Bill of costs shall, inter-ali, set out:— (a) court fee (b) process fee spent; (c) expenses of witnesses, including the actual reasonable expenses incurred on travel, boarding and lodging, if any, and other incidental expenses; (d) Advocate’s fee including the fee of a Senior Advocate, if any; (e) expenses of typing, photocopying and expenses incurred for sending summons by Registered post, speed post, courier, fax, electronic mail service and by such other modes as may have been directed by Court. (f) such other amounts as may be allowable under these Rules or as may be ordered by the Court as costs taking into account:— (i) judicial time consumed in litigation; (ii) delay in service of summons or efforts made in serving summons on the defendant, as the case may be; (iii) delay caused by any of the parties by raising frivolous issues or unnecessary objections during the proceedings or during recording of evidence; (iv) failure of a party to effect discovery of documents or its refusal to answer interrogatories; (v) incorrect denial of facts/ documents, thus, protracting trial; (vi) monetary and other stakes involved in the proceedings; (vii) costs incurred on execution of commission; and (viii) any other cost which Court may deem fit and proper. [DHC (OS) Rules, 2018, Chapter 23, Rule 5]

Answer 378

As per Chapter 1, Rule 11 and 12 of DHC OS Rules, 2018 Rule 11. Hours of Sitting.— Unless otherwise ordered by the Chief Justice, the Court shall hold its sittings on all working days from 10:30 a.m. to 1:15 p.m. and from 2:15 pm to 4:30 p.m. Rule 12. Office Hours.— The Offices of the Court shall remain open on all working days from 10.00 a.m. to 5.00 p.m. Any urgent matter filed before 12 noon shall be put before the Court for hearing on the following working day. In exceptional cases and with specific permission of the Judge-in-Charge (Original Side), it may be received thereafter for hearing on the following day.

Answer 379

As per Section 5 of the Limitation Act, Extension of prescribed period in certain cases - Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation - The fact that the appellant or the applicant was missed by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.

Answer 380

As per section 18 of the Limitation Act, Effect of acknowledgment in writing - (1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.

Answer 381

As per section 21 of the Limitation Act, the suit is deemed to have been instituted against C on 17.12.2010. Section 21: Effect of substituting or adding new plaintiff or defendant - Where after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date.

Answer 382

Under the Limitation Act, 1963, Section 19 deals with the effect of part payment of a debt before the expiration of the prescribed limitation period by the person liable to pay the debt or by their agent. Here's the effect as per Section 19: If a person liable to pay a debt makes a part payment of that debt before the expiration of the prescribed limitation period, and such payment is made either by the debtor or by their authorized agent, it has the effect of resetting or renewing the limitation period for the entire debt, not just the amount paid. In other words, the clock for the limitation period starts afresh from the date of the last payment. For example, if a debt became time-barred, but the debtor made a part payment toward that debt, the entire debt's limitation period would restart from the date of that part payment. This provision encourages creditors to negotiate with debtors and receive part payments without losing their ability to pursue the full debt through legal action, as long as the part payment is made within the original limitation period.

Answer 383

As per Sections 10 The Limitation Act Suits against trustees and their representatives - Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time. Explanation - For the purposes of this section any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of the property shall be deemed to be the trustee thereof.

Answer 384

As per Section 4 The Limitation Act Expiry of prescribed period when court is closed - Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court re-opens. Explanation - A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.

Answer 385

As per section 25 of The Limitation Act Acquisition of easements by prescription – (1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible. (2) Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. (3) Where the property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words “twenty years” the words “thirty years” were substituted. Explanation - Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.

Answer 386

i. For maintenance - according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year ii. For compensation - according to the amount claimed. iii. For possession of house - according to the value of the subject-matter; iv. For enforcement of a right of pre-emption - according to the value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect of which the right is claimed v. For the recovery of the property mortgaged against the mortgagee - according to the principal money expressed to be secured by the instrument of mortgage vi. For specific performance of contract of sale - according to the amount of the consideration vii. For specific performance of a contract of mortgage - according to the amount agreed to be secured viii. For recovery of the immovable property from a tenant - according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint ix. For damages - according to the amount claimed. x. For an injunction - according to the amount at which the relief sought is valued in the plaint or memorandum of appeal : In all such suits the plaintiff shall state the amount at which he values the relief sought

Answer 387

As per Section 19 of The Court Fees Act Exemption of certain documents - Nothing contained in this Act shall render the following documents chargeable with any fee:— (i) Power-of-attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union] not in civil employment. (ii) Written statements called for by the Court after the first hearing of a suit. (iii) Plaints in suits tried by village Munsifs in the Presidency of Fort St. George. (iv) Plaints and processes in suits before District Panchayats in the same residency. (v) Plaints in suits before Collectors under Madras Regulation 12 of 1816. (vi) Probate of a will, letters of administration, and, save as regards debts and securities a certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees. (vii) Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement. (viii) Application relating to a supply for irrigation of water belonging to Government. (ix) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently. (x) Application for service of notice of relinquishment of land or of enhancement of rent. (xi) Written authority to an agent to distrain. (xii) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.

Answer 388

As per Section 13 of The Court Fees Act Refund of fee paid on memorandum of appeal - If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the 1Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in section 351 of the same Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal: Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.

Answer 389

As per Section 17 of The Court Fees Act Multifarious suits - Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the power conferred by the Code of Civil Procedure, section 9.

Answer 390

23. Sentences which Magistrates may pass – 1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. 2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service. 3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service. Explanation—"Community service" shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration. [Section 23 of BNSS, 2023]

Answer 391

As provided under section 25 of BNSS, 1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. 2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that- (a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. 3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

Answer 392

As per Section 24 of BNSS, 2023, 1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term— (a) is not in excess of the powers of the Magistrate under section 23; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. 2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.

Answer 393

According to Section 416 of BNSS, 2023, 416. No appeal in certain cases when accused pleads guilty – Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,— (a) if the conviction is by a High Court; or (b) if the conviction is by a Court of Session, or Magistrate of the first or second class, except as to the extent or legality of the sentence.

Answer 394

In the light of Section 417 (b) of BNSS, 2023, notwithstanding anything in section 415, where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;

Answer 395

As provided under Section 419 (1) (a) of BNSS, 2023, save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5), - (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

Answer 396

As per Section 419 (4) and (5) of The BNSS, 2023: (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

Answer 397

Section 436 of the BNSS, provided that (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation — In this section, "Regulation" means any Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of a State. (2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.

Answer 398

As per Section 100 of Code of Civil Procedure, 1908 :- (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. (2) An appeal may lie under this section from an appellate decree passed ex parte. (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question : Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.

Answer 399

An original decree passed ex parte: An appeal may lie from an original decree passed ex parte as provided under section 96 (2) of Code of Civil Procedure, 1908.

Answer 400

A decree passed with the consent of a parties: No appeal shall lie from a decree passed by the court with the consent of parties as per section 96 (3) of Code of Civil Procedure, 1908.

Answer 401

Yes. As per Section 104 of CPC, as Section 35A relates to “Compensatory Costs in respect of false or vexatious claims or defences”.

Answer 402

As per Section 102 of Code of Civil Procedure, 1908, no second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

Answer 403

Reference (Section 113 of CPC):- i. The powers of the reference is vested to the Court; ii. Reference is always made to the High court, iii. Reference is made when a suit, appeal or execution of proceedings is pending so that the Court may arrive at a correct conclusion. Review (Section 114 of CPC):- i. The powers of the review is exercised by that very Court, which passed the decree or order; ii. Review can be made even if an appeal lies but the same has not been preferred; iii. The grounds for review may be discovery of new and important matter or evidence; mistake or error apparent on the face of the record; any other sufficient reason. iv. Review application has to make by the aggrieved party; v. an appeal lies to the order of review; Revision (Section 115 of CPC):- i. It is only the competence of the Court superior to that which decided the case to exercise of revision. ii. High Court can exercise the re-visional powers only where there is no appeal; iii. The grounds for revision are always in respect of jurisdiction viz. want of jurisdiction, failure to exercise of jurisdiction or the exercise of jurisdiction illegally or with material irregularity; iv. In revision High Court may itself call for record of any case; v. An order made in the exercise of re-visional jurisdiction is not appeal able.

Answer 404

Contents of memorandum — The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and such grounds shall be numbered consecutively. (Order 41, Rule 1 of CPC).

Answer 405

As per Order 32 (2) of CPC, Where suit is instituted without next friend, plaint to be taken off the file — (1) Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented.

Answer 406

Guardian for the suit to be appointed by Court for minor defendant 1. Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. 2. An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. 3. Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed. 4. No order shall be made on any application under this rule except upon notice to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian of the minor, or, where there is no father, mother or other natural guardian, to the person in whose care the minor is, and after hearing any objection which may be urged on behalf of any person served with notice under this sub-rule. 4(A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also. 5. A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his appointment is terminated by retirement or removal or death, continue as such throughout all proceedings arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in the execution of a decree. [Order XXXII, Rule 3 of Code of Civil Procedure, 1908]

Answer 407

As per Rule 6 of Order XXII of Code of Civil Procedure, 1908, Nothwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place.

Answer 408

a) "Subject to just exceptions": Orders passed in judicial cases are generally binding unless there are valid and justified exceptions or reasons to deviate from them. b) "Consigned to records": The order or document has been officially filed and recorded as part of the court's official records. c) "Rule Nisi": A conditional order that becomes absolute unless a certain condition is met, often used in cases where a party is required to show cause why a particular action should not be taken.

Answer 409

As per Rule 20 (1) of Order V of Code of Civil Procedure, 1908, Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house(if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit. Rule 20(1) (a) where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain. (2) Effect of substituted service - Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally. (3) Where service substituted, time for appearance to be fixed - Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.

Answer 410

* By a person claiming to be the legal representative of a deceased, or * the assignee or the receiver of an insolvent plaintiff or appellant [Rule 6, Part C of Chapter 1 of VOLUME V]

Answer 411

The procedure for a "Summary Trial" is primarily governed by Order 37 of the Code of Civil Procedure, 1908. Below is an overview of the procedure for a summary trial under Order 37, along with relevant provisions: 1. Filing the Plaint in a Summary Suit: Order 37, Rule 1: A plaintiff may institute a summary suit for recovery of a debt or liquidated demand in a commercial transaction by filing a plaint in the prescribed form. 2. Verification of Plaintiff's Affidavit: Order 37, Rule 2: The plaintiff is required to file an affidavit verifying the cause of action and the amount claimed in the suit. 3. Summoning the Defendant: Order 37, Rule 3: Upon receiving the plaint and affidavit, the court may issue summons to the defendant, along with a copy of the plaint and the affidavit, to enter appearance within ten days. 4. Procedure on Appearance of Defendant: Order 37, Rule 4: If the defendant enters an appearance within the stipulated time, the court may proceed with the suit in accordance with the regular procedure unless the defendant applies for the suit to be transferred to the regular list. 5. Procedure on Non-Appearance of Defendant: Order 37, Rule 5: If the defendant fails to enter an appearance within the specified time, the plaintiff may apply for judgment to be passed in their favor. 6. Defendant's Right to Show Cause: Order 37, Rule 6: If the defendant applies to show cause against the judgment, the court may issue a notice to the defendant, and both parties may be heard before a decision is made. 7. Summary Judgment: Order 37, Rule 7: If the court is satisfied that there is no triable issue and the defendant has no real prospect of success, it may pass a summary judgment in favor of the plaintiff. 8. Appeal and Review: Order 37, Rule 9: The defendant has the right to appeal the judgment, and the court may also allow for a review of the judgment if substantial reasons are provided.

Answer 412

For 30 years 1. Part A in all Civil Cases 2. Murder references For 12 years 1. Roznamcha 2. Process fee realized For 6 years 1. Single Bench Cause Register for Civil Appeals 2. Single Bench Cause Register for Civil Revisions [Chapter 5 of Volume V]

Answer 413

Reference in case of difference of opinion—When an appeal is heard by a Bench consisting of two Judges and the Judges composing the Bench differ on point of law and refer the appeal under Section 98 of the Code of Civil Procedure, the Judges so differing shall each record his judgment on the appeal, and the appeal shall thereupon be laid before the Chief Justice, who shall direct to which other Judge or other Judge the appeal shall be referred. Similarly when the Judges composing a Bench being equally divided in opinion as to the decision on a point, state that point for reference to another Judge or Judges under Clause 26 of the Letters Patent, the case shall be heard on that point by one or more Judges to be nominated by the Chief Justice. The Chief Justice may be such other Judge or one of such other Judges. [Rule 4 of Part H of Chapter 4 of Volume V]

Answer 414

No fees should be charged for the Inspection of records in Civil and Criminal cases by the Advocate General or the Public Prosecutor, as such, or by the counsel appearing for Government in Civil and Criminal cases or by counsel appearing for accused or appellant in cases, where the latter is a pauper or is defended by counsel provided at Government expense. No fee shall be charged for inspection by parties and counsel in Criminal cases but fees will have to be paid in case of a— (a) second inspection of the same record, or (b) inspection on the day the application for inspection is made. No fee shall be charged for inspection of record of a pending case, permitted by the Chairman of the Delhi State Legal Services Authority or the Chairman of the Delhi High Court Legal Services Committee. [Rule 4 of Part A of Chapter 5 of Volume V]

Answer 415

(a) within 15 days from the date of judgment or order of the High Court in cases involving death sentence; and (b) within 60 days from the date of judgment or order of the High Court in other cases. [Rule 1 of Part A (b) of Chapter 8 of Volume V]

Answer 416

No. As per Rule 7 of Part G of Chapter 4 of Volume V.

Answer 417

a) shall be preserved for three years after their death and then destroyed; provided there are no outstanding claims on the part of their heirs, b) shall be preserved until the death and then destroyed : provided that no file shall be destroyed before three years from the date of retirement when death occurs within three years of retirement. c) Will be preserved for three years and then destroyed. d) shall be preserved indefinitely in the absence of special orders to the contrary e) shall be preserved indefinitely in the absence of special orders to the contrary f) shall be destroyed before such record is consigned to the record-room; provided that, where an appeal lies to the Supreme Court, Part B of the record of such appeal shall be preserved until the period for the presentation of an appeal has expired, or where an appeal has been made, till the judgment of the Supreme Court has been communicated to this Court: Provided also that when a case in this Court has been dismissed for default or heard ex parte, Part B of the record shall not be destroyed until the expiry of six months from the date of the decision : Provided further that a Power of Attorney filed in a Civil Appeal in which a Letters Patent Appeal lies to the High Court shall be preserved until the period for the presentation of a Letters Patent Appeal has expired, or where an appeal has been made till the judgment therein has been pronounced.

Answer 418

As per Chapter 1, Part A(a), Rule 4 Letter Patent appeals — Time within which to be filed and documents to accompany— No memorandum of appeal preferred under clause 10 of the Letters Patent shall be entertained if presented after the expiration of 30 days from date of the judgment appealed from, unless the admitting Bench in its discretion, for good cause shown, grants further time for the presentation. Such memorandum of appeal need not be accompanied by a copy of the judgment appealed from, but a memorandum of appeal for which a certificate is required under clause 10, must contain a declaration to the effect that the Judge, who passed the judgment, has certified that the case is a fit one for appeal. The time spent in obtaining the certificate from the Judge (including the date of application and the date on which the Judge passed the order) shall be excluded in computing the period of limitation. Section 12 of the Indian Limitation Act governs an appeal under the Letters Patent and the appellant in such a case is entitled to exclude the “time requisite” for obtaining a copy of the judgment appealed against whether such copy is filed or not) even though under the rules of the Court no copy of the judgment required to be filed with the memorandum of appeal. Rules:- 1. Time Limit for Filing: An LPA must be filed within 30 days from the date of the judgment appealed from. Any appeal presented after this 30-day period will not be entertained unless the admitting Bench, at its discretion and for good cause shown, grants further time for presentation. 2. Documents Required: While a memorandum of appeal need not be accompanied by a copy of the judgment appealed from, a certificate from the Judge who passed the judgment must be included in the memorandum of appeal if it is required under clause 10. This certificate certifies that the case is fit for appeal. 3. Exclusion of Time: The time spent in obtaining the certificate from the Judge (including the date of application and the date of the Judge's order) is excluded when calculating the period of limitation for filing the LPA. This exclusion is allowed under Section 12 of the Indian Limitation Act. 4. Appellant's Right to Exclude Time: The appellant in an LPA, under the Letters Patent, has the right to exclude the "time requisite" for obtaining a copy of the judgment appealed against, whether or not such a copy is actually filed with the memorandum of appeal. This exclusion of time is granted even if the rules of the Court do not require a copy of the judgment to be filed. 5. Indian Limitation Act: Section 12 of the Indian Limitation Act governs the time limitation for filing an appeal under the Letters Patent. This section provides the legal framework for calculating the time period within which an LPA must be filed and grants certain exclusions of time.

Answer 419

No application for leave to appeal as a pauper shall be received unless it is accompanied by a memorandum of appeal, nor shall a memorandum of appeal purporting to be on behalf of a pauper be received unless it is accompanied by an application for leave to appeal as a pauper. [Chapter 1, Part B, Rule 1 of VOLUME V]

Answer 420

a. Yes b. No c. Yes d. No e. Yes f. No g. No h. No i. Yes j. Yes

Answer 421

a) As per Chapter III, Rule 1 (c) of DHC (OS) Rules, 2018, Memo of parties—Full name, parentage and other particulars as stipulated in Rule 3 of this Chapter, describing each party, shall be provided. If a party sues or is sued in a representative character, it shall be so set out at the beginning of the plaint, petition, application, written statement or reply and need not be repeated in subsequent proceedings in the same suit or matter. b) As per Chapter I, Rule 4 (f) of DHC (OS) Rules, 2018, “Database” means the database maintained in accordance with the programs and computer applications, specifically designed for this Court.

Answer 422

As per Chapter I, Rule 8 of DHC (OS) Rules, 2018, How decree, order, writ etc. to run - Every decree, order, writ-summons, warrant or other mandatory process, shall be in the name of the Chief Justice, and shall be signed by the Registrar/Joint Registrar/Deputy Registrar or any other officer specifically authorized in that behalf, with the day, month and year of signing, and shall be sealed with the Seal of the Court.

Answer 423

As per Chapter 1, Rule 6 of DHC OS Rules, Period how calculated.— Where a particular number of days are prescribed by these Rules or by or under any other law, or is fixed by the Court for doing any act, the starting day from which the said period is to be reckoned shall be excluded, and if the last day expires on a day when the office of the Court is closed for the day or a part thereof, that day and any succeeding day(s) on which the Court remains closed for the day or a part thereof, shall also be excluded.

Answer 424

As per Chapter 14, Rule 10 of DHC OS Rules Errors how rectified after decree sealed.— After a decree or order has been signed, any application to rectify any inaccuracy, other than a clerical or arithmetical error and to make it in accordance with the judgment, shall be made to the Judge who passed the decree or order, or in the event of his absence, to any other Judge, and the Judge may, after notice to parties, when he deems it necessary, amend the same so as to bring it into conformity with the judgment, or rectify such inaccuracy or error. Save as aforesaid, no alternation or variation shall be made without a review of judgment, and re-hearing under the provisions of Section 114 and Order XLVII of the Code.

Answer 425

As per Chapter 5, Rule 5 of DHC OS Rules Notice of discharge to a client.— An Advocate in a suit or matter desiring to obtain an order for his discharge, shall first serve notice of his intended application for discharge to his client, and the fact of such notice having been served shall be stated in the application. Such application must be moved well within time so that proceedings continue on the date fixed and are not adjourned for such reason. Provided that an Advocate may be discharged by consent of the Advocate and the party by a letter addressed to the Registrar and signed both by the Advocate and the party.

Answer 426

As per Chapter 7, Rule 3 and 6 respectively of DHC OS Rules, Rule 3: Alongwith the written statement, defendant shall also file an affidavit of admission/ denial of documents filed by the plaintiff, without which the written statement shall not be taken on record. Rule 6: Alongwith the replication, the plaintiff shall also file an affidavit of admission/ denial of documents filed by the defendant, without which the replication shall not be taken on record.

Answer 427

As per Chapter 1, Rule 14 of DHC OS Rules Court’s power to dispense with compliance with the Rules.— The Court may, for sufficient cause shown, excuse parties from compliance with any requirement of these Rules, and may give such directions in matters of practice and procedure, as it may consider just and expedient.

Answer 428

a) Part I B Main File b) Part 1A Main File c) Part II, Interlocutory Applications’ file d) Part II, Interlocutory Applications’ file e) Part IIIB, Documents’ file f) Part IVA, Evidence File g) Part IVB, Evidence File h) Part V, Miscellaneous File [Chapter 4 of DHC OS RULES]

Answer 429

Yes, as per Chapter 7, Rule 10 of DHC OS Rules

Answer 430

As per Chapter 15, Rule 3 (a) of DHC OS Rules, List of all likely guardians ad litem to be filed.—(a) In suits, where the defendant is a minor, the plaintiff shall file with the plaint, a list of relatives and all other persons, with their correct addresses, who prima facie are most likely to be capable of acting as guardian for the minor defendant in the suit.

Answer 431

No. as per Section 96 (4) of CPC

Answer 432

In CPC, the time limit has not been specified under Section 100 which deals with second appeal. However, in a Limitation Act, Schedule I, Article 116 says 90 days as the time limit.

Answer 433

First Appeal (Section 96 CPC): * First appeal is filed in a higher court (appellate court) against the decree or order of a lower court. * The scope of a first appeal is to review both facts and law, and the appellate court can re-examine the entire case. * No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees. Second Appeal (Section 100 CPC): * Second appeal is filed in a higher court (usually the High Court) against the decree or order of an appellate court. * The scope of a second appeal is limited to questions of law and substantial errors of law, and the High Court cannot re-examine facts unless there's a substantial question of law involved. * No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

Answer 434

As per the provisions of the Code of Civil Procedure (CPC), a second appeal is generally not maintainable when there are concurrent findings of fact by both the trial court and the first appellate court, and these findings are based on well-reasoned orders. A second appeal is typically limited to questions of law and substantial errors of law. If there are no substantial questions of law involved, and the case is a matter of concurrent findings of fact, the High Court, in the context of a second appeal, would not re-examine the facts or disturb the concurrent findings unless there is a manifest error of law or a question of law of general importance that needs consideration.

Answer 435

Section 114 - Review: Nature: Review is a process initiated by parties to correct errors in judgments. Scope: It addresses errors apparent on the face of the record, limited to factual or legal mistakes. Section 115 - Revision: Nature: Revision is the supervisory jurisdiction of higher courts over subordinate courts. Scope: It deals with correcting irregularities or illegalities in proceedings, focusing on the legality of actions rather than the correctness of decisions.

Answer 436

As per Order 5, Rule 25 of CPC Service where defendant resides out of India and has no agent.— Where the defendant resides out of 3[India] and has no agent in India empowered to accept Service, the summons shall be addressed to the defendant at the place where he is residing and sent to him or by post or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail Service or by any other means as may be provided by the rules made by the High Court, if there is postal communication between such place and the place where the Court is situate: Provided that where any such defendant resides in Bangladesh or Pakistan, the summons, together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that where any such defendant is a public officer in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces) or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify in this behalf.

Answer 437

Order 5, Rule 20. Substituted service.— (1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit. (1A) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.

Answer 438

There is a specific mandate under Order 22 Rule 12 that the provisions under Rules 3, 4 and 8 of Order 22 do not apply to execution proceeding. The Rules 3 and 4 relate to the death of a party pending a suit or appeal, and Rule 8, relate to the insolvency of the plaintiff pending a suit and the insolvency of an appellant pending an appeal. Thus, where a party to an execution proceeding dies during its pendency, provisions as to abetment do not apply. If after the filing of an execution petition in time, the decree holder dies and his legal representative do not come on record, or the judgment debtor dies and his legal representatives is not brought on record, then there is no abatement of the execution petition. If there is no abatement, the position in the eye of law is that execution petition remains pending on the file of the Execution Court. If it remains pending and if no limit is prescribed to bring the legal representatives on record in such proceeding it is open to his legal representatives to come on record at any time.

Answer 439

As per Rule 4A of Order 22 of CPC Procedure where there is no legal representative.— (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit. (2) Before making an order under this rule, the Court— (a) may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and (b) shall ascertain that the person proposed to be appointed to represent the estate of the deceased person is willing to be so appointed and has no interest adverse to that of the deceased person.

Answer 440

Order 32 Rule 13 and 14 of CPC Rule 13. Where minor co-plaintiff attaining majority desires to repudiate suit.— (1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit on such terms as to costs or otherwise as it thinks fit. (2) Notice of the application shall be served on the next friend, on any co-plaintiff and on the defendant. (3) The costs of all parties of such application, and of all or any proceedings therefore had in the suit, shall be paid by such persons as the Court directs. (4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a defendant. Rule 14. Unreasonable or improper suit.— (1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper. (2) Notice of the application shall be served on all the parties concerned; and the Court, upon being satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit, or make such other order as it thinks fit.

Answer 441

Order 41 Rule 25 of CPC Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from - Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required; and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor within such time as may be fixed by the Appellate Court or extended by it from time to time.

Answer 442

Under Order V, Rule 17 of the CPC, if a serving officer cannot find the defendant and no suitable alternative for service exists, they must affix a copy of the summons on the defendant's house where they reside, conduct business, or work for gain, and report these actions to the court.

Answer 443

No [Section 23 (1) of The BNSS, 2023]

Answer 444

Yes [Section 23 (3) of The BNSS, 2023]

Answer 445

Yes [Section 23 (2) of The BNSS, 2023]

Answer 446

Section 436 (3) of The BNSS, 2023

Answer 447

No [Section 442 (4) of The BNSS, 2023]

Answer 448

Consecutive Sentence: Consecutive sentences refer to multiple sentences for separate offenses served one after the other, with the total imprisonment period being the sum of individual sentences. Concurrent Sentence: Concurrent sentences refer to multiple sentences for separate offenses served simultaneously, with the longest individual sentence determining the total imprisonment period.

Answer 449

Criminal Appeal: A criminal appeal is a legal process through which a party dissatisfied with a lower court's judgment or order seeks a review of the decision by a higher court, typically on questions of fact and law, with the goal of having the decision overturned or modified. Criminal Revision: Criminal revision is a legal remedy that allows a higher court to review and correct errors or irregularities in a judgment, order, or proceeding of a lower court, but it is generally limited to matters of procedure and jurisdiction, not reevaluation of evidence or facts.

Answer 450

a) an appeal from a sentence of fine is an exception. b) As per Section 435 of The BNSS, 2023, (1) Every appeal under section 418 or section 419 shall finally abate on the death of the accused, (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant. c) The legal representatives of the deceased accused or appellant can apply for the continuation of the appeal. d) where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. [Section 435 of The BNSS, 2023]

Answer 451

a) As per Section 417 (a) of The BNSS, 2023, as it is a petty case hence, no appeal should lie. b) Appealable in High Court [Section 416 (b) of The BNSS, 2023] c) As per Section 417(b) of The BNSS, 2023, as it is a petty case hence, no appeal should lie. d) High Court [Section 415 (2) of The BNSS, 2023]

Answer 452

Form B is prescribed to acknowledge receipt of the RTI Application.

Answer 453

a) Yes b) No c) Yes d) Yes

Answer 454

It says that for each information sought, separate application shall be made. However, where more than one information sought is consequential or related to one another, applicant will be permitted to seek them in one application.

Answer 455

Form D is used for Rejection Order in which it is stated that information sought cannot be supplied due to reasons mentioned therein.

Answer 456

No fee has to be paid for first appeal.

Answer 457

As per Section 2 (n) of the RTI Act, 2005, "third party" means a person other than the citizen making a request for information and includes a public authority.

Answer 458

EXPLANATION - Section 10 of the Right to Information (RTI) Act, 2005, deals with severability, which means that if a request for access to information is denied because it contains some information exempt from disclosure, the RTI applicant can still receive the part of the record that does not contain exempt information, provided it can be reasonably separated from the exempt portion. The Central Public Information Officer or State Public Information Officer must inform the applicant of this decision, provide reasons, specify the required fees, and explain the applicant's rights to review the decision. This section ensures that applicants can access non-exempt information even if some parts of the requested records contain exempt information, promoting transparency and disclosure of public information while protecting sensitive data. ORIGINAL SECTION 10. Severability.—(/) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. (2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing— (a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided; (b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based; (c) the name and designation of the person giving the decision; (d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and (e) his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.

Answer 459

Section 19(8) of the RTI Act, 2005, grants the Information Commission the authority to inspect records that have been withheld during the appeal proceedings, allowing them to assess whether such records should be disclosed or kept confidential based on the Act's provisions.

Answer 460

As per Section 19 of RTI Act, 2005, 1. The first RTI appeal should typically be filed within 30 days of receiving the PIO's response. 2. The second RTI appeal can be filed within 90 days of the FAA's decision or the stipulated response period.

Answer 461

Section 8(1)(a) of RTI Act: This section exempts disclosure of information that could endanger national security or affect relations with foreign countries. Section 8(1)(j) of RTI Act: This section exempts the disclosure of personal information that could invade an individual's privacy unless public interest in disclosure outweighs personal privacy concerns.

Answer 462

Rule 5 (a) of the DHC RTI Rules, 2006.