MIX R&D Flashcards
What fee is charged for urgent inspection of records?
If urgent inspection on the date of hearing or on a day other than the date of hearing is desired a Court-fee label of [Rs. 10/-]
[Vol. V- Chapter 5, Part A, Rule 4 (b)]
What are the eligibility conditions to apply and become a Senior Advocate in Delhi High Court?
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.
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.]
[Vol. V- Chapter 6, Part L, Rule 5 and Rule 7 (B)]
Whether an Advocate who has not applied for Senior Advocate, can be considered as a candidate for designating a Senior Advocate?
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.
[Vol. V- Chapter 6, Part L, Rule 7 (A)]
If an accused applies for copy of a judgment running into 50 pages passed by High Court in a criminal case, confirming the death sentence, how much court fee he would have to pay?
- Copies to the accused persons—Copies of judgments of the High Court in criminal cases shall, on application made in this behalf by the accused person, be supplied free of cost:
a) in every case in which a sentence of death or transportation for life has been passed or confirmed by the High Court;
b) in every case where the accused person wishes to file an application for special leave to appeal to the Supreme Court in forma pauperis; and
c) in any other case if the High Court so directs.
[Vol. V- Chapter 5, Part B, Rule 13]
Can a stranger get copies of proceedings in a decided contempt matter?
(v) Pertaining to matrimonial and family disputes, Contempt Matters and Rape cases: A stranger has no right to obtain copies of any proceedings or documents in a suit pertaining to matrimonial and family disputes, contempt matters and rape cases.
[Vol. V- Chapter 5, Part B, Rule 2 (v)]
As per Rules of Delhi High Court given in Volume-V, different time periods are prescribed for preserving the judicial record before destruction, e.g. 30 years, 12 years, 6 years, etc. etc. What date is taken into consideration from which the above mentioned period for the preservation of a judicial record is reckoned?
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.
[Vol. V- Chapter 5, Part C, Sub-Part IV, Rule 26]
From whom no fee is charged for inspection of records?
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.
[Vol. V- Chapter 5, Part A, Rule 4]
What is the meaning of Rule Nisi if it is ordered in a Habeas Corpus writ petition filed under provisions of Constitution of India?
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]
Whenever a court issues notice in an appeal/petition or in an application, what is the time prescribed under the Rules for filing process fee by the applicant/petitioner/applicant?
Period allowed—-Unless otherwise ordered by a Judge, process-fee shall be paid within a period not exceeding seven days from the date of the order admitting an appeal or application or of an order for notice or warrant; provided that if the office of the Court is closed on the seventh day, the fee shall be tendered on the next day the office is open. The office shall not be required to give any notice or intimation that such process-fee is payable.
Note 1—In motions which are admitted, the Court Reader will draw the attention of the appellant or petitioner, who appears in person and not through counsel, to rule and take his signature under the order of admission in token of communication.
Note 2—No process-fee shall be accepted unless it is accompanied by copies of the memorandum of appeal or concise statement, as the case may be in view of the provisions of Order XLI, Rule 14(6), Civil Procedure Code, as amended by this Court.
Note 3—No fee is charged for issue of process in criminal cases in this Court.
[Vol. V- Chapter 1, Part F, Rule 2]
Mention four categories of cases which are listed before Single Judge.
- (a) a regular first appeal irrespective of the value of the matter; (b) a second appeal irrespective of the value of the subject matter;
- an appeal from an order under the Code of Civil Procedure and from an order passed in the execution of a decree;
- an appeal relating to costs only;
- a motion for the admission of—
(a) a first appeal from the decree of a subordinate Court, or
an appeal from order under the Code of Civil Procedure and under any Act of the Central or State Legislature unless there is any thing of the contrary in the said act, or
(b) a second appeal irrespective of the value of the subject matter.
[Vol. V- Chapter 3, Part B, Rule 1]
What is the procedure for admission and issuing notice in an appeal, if one of the respondents happens to be of unsound state of mind?
- Officer to note minority on memorandum of appeal for order of the Judge—In every appeal presented to the Deputy Registrar in which it appears from the memorandum of appeal or the copies of the judgments filed therewith, that the appellant or respondent or any of the appellants or respondent is a minor, the Deputy Registrar shall cause a note to be made on such appeal for the information and orders of the Judge or Bench exercising jurisdiction in the appeal.
- Rule to apply in case of persons of unsound mind—The foregoing rules relating to the representation of minors shall apply, mutatis mutandis, to the representation of persons of unsound mind, adjudged to be so under any law for the time being in force.
[Vol. V- Chapter 1, Part D, Rule 2 & Rule 5]
For what prayer an application under Order XXII, Rules 4 and 11 of the Code of Civil Procedure is filed in a pending appeal or petition?
Every application under Order XXII, Rules 4 and 11 of the Code of Civil Procedure, to make the legal representative of a deceased defendant or respondent a party in place of the deceased shall, in addition to any particulars required by law, state approximately the date of the death of the deceased party.
[Vol. V- Chapter 1, Part C, Rule 5]
What is the procedure laid down in Rules of Delhi High Court if there is a different on point of law between two Judges in a case (appeal) heard while sitting in a Division Bench?
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.
[Vol. V- Chapter 4, Part H, Rule 5]
As per Rules of Delhi High Court what should be the contents of a Decree?
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.
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.
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 7]
If on a given day, an applicant is not able to finish the inspection of record, whether he can continue the inspection on next working day with the same application and fees?
Inspection of records for more than one day— The fee provided in Rule 4 shall entitle the applicant to inspect the record on one day only. If inspection of the record is desired on another day, a fresh application shall be required and a fresh fee paid.
[Vol. V- Chapter 5, Part A, Rule 8]
If the Jail Superintendent, in a case of an acquittal by an order passed by High Court admitting the person to bail, does not send a compliance report to the Court even after expiry of one month period, what action arises on Registry of High Court in such case?
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.
[Vol. V- Chapter 1, Part A(c), Rule 3(b)]
As per Delhi High Court (Original Side) Rules, what procedure has been laid down for attesting the affidavit of a document who is Pardanashin woman?
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]
In which part of the record of a pending suit file, these pleadings would find place – Replication, List of Witnesses, Rejoinder to the amended Interlocutory Application, Documents filed by the defendant, Report of the Commissioner, affidavit(s) by way of evidence in rebuttal.
(i) Replication - Part I-A, Main file of the suit record
(ii) List of Witnesses - Part I-A, Main file of the suit record
(iii) Rejoinder to the amended Interlocutory Application - Part II, Interlocutory Application file of the suit record
(iv) Documents filed by the defendant – Part III-B, Document’s file of the suit record
(v) Report of the Commissioner - Part IV-A, Evidence File of the suit record
(vi) Affidavit(s) by way of evidence in rebuttal - Part IV-B, Evidence File of the suit record
[DHC (OS) Rules, 2018, Chapter 4, Rule 8]
As per Delhi High Court (Original Side) Rules, who are not competent sureties?
Who are not competent sureties.—Unless the Court otherwise orders, an Advocate practicing within the limits of the jurisdiction of the Court, a clerk of such Advocate or an officer of the Court, shall not be accepted as a surety.
[DHC (OS) Rules, 2018, Chapter 21, Rule 8]
What is the forum and the period of limitation as per Delhi High Court (Original Side) Rules, to file an appeal against order of Registrar exercising powers under Chapter 2 Rule 3 of the Rules?
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.
[DHC (OS) Rules, 2018, Chapter 2, Rule 5]
As per Delhi High Court (Original Side) Rules, under what provision of the Code of Civil Procedure, the Summary Suits are filed?
Order XXXVII of the Code, as in force from time to time, shall apply to suits filed under this Chapter, even where the suit is registered as a Commercial Suit
[DHC (OS) Rules, 2018, Chapter 16, Rule 1]
Mention any four reasons for which the Hon’ble Court, as per Delhi High Court (Original Side) Rules, may issue commission(s) from time to time?
Court may issue commission(s) from time to time, inter-alia, for –
(i) making local investigation;
(ii) scientific investigation;
(iii) performance of a ministerial act;
(iv) sale of movable or immovable property;
(v) examination and/ or adjustment of accounts;
(vi) recording evidence;
(vii) carrying out partition of immovable property;
(viii) carrying out partition of movable assets;
(ix) carrying out search and seizure orders; and
(x) any other purpose considered appropriate by the Court.
[DHC (OS) Rules, 2018, Chapter 12, Rule 1]
What arrangement for maintaining record of a pending suit has been provided in Delhi High Court (Original Side) Rules?
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.
[DHC (OS) Rules, 2018, Chapter 4, Rule 8]
Whether Registrar while exercising his powers of Court given under Delhi High Court (Original Side) Rules, can hear and decide following applications?
a) Application for leave to file a further or additional written statement under Order VIII Rule 9 of the C.P.C.
b) Execution application under Order XXI, rule 17 of the Code of Civil Procedure
c) Application for orders for withdrawal of attachment or for return of a warrant
d) Application for confirmation of sale and issuance of certificate of sale to purchaser of immovable property
e) Application under Order VI Rule 17 of the Code of Civil Procedure
f) Application filed under Order XLI Rule 5 of the Code of Civil Procedure
g) Application filed under Order XXII Rule 3 of the Code of Civil Procedure
h) Application filed under Order XXVI Rule 9 of the Code of Civil Procedure
a) Yes b) Yes
c) Yes d) Yes
e) No f) No
g) No h) No
[DHC (OS) Rules, 2018, Chapter 2, Rule 3]
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?
a) Article 32 before the Supreme Court of India
b) Article 226 before the High Court
c) Cannot be filed in District Court
How the period of a particular number of days fixed by the Court for doing any act is to be calculated under Delhi High Court (Original Side) Rules?
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]
What are the purposes of Annexure ‘A’, Annexure ‘B’, Annexure ‘C’, Annexure ‘D’ and Annexure ‘E’ to the Delhi High Court (Original Side) Rules?
- 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.
- Annexure ‘B’ –Video conferencing guidelines issued by the High Court of Delhi.
- Annexure ‘C’ – Practice Directions for Electronic Filing (E-filing) in the High Court of Delhi.
- Annexure ‘D’ – Practice Directions for Mediation.
- 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]
In which year Delhi High Court (Right to Information) Rules were brought into force?
11.08.2006
[DHC (RTI) Rules, 2006, Rule 1]
Who are the “Authorized persons” as per Delhi High Court (Right to Information) Rules?
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)]
As per Delhi High Court (Right to Information) Rules, how much is the Deposit Application Fee?
Application Fee – 10 Rupees per application
[DHC (RTI) Rules, 2006, Rule 10 (i)]
What is the rule with regard to number of RTI applications and fees to be paid, if more than one information is sought by one RTI applicant?
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)]
There are six Forms, i.e., Form-A, Form-B, Form-C, Form-D, Form-E and Form-F given at the end of Delhi HIGH Court (Right to Information) Rules. State purpose of all six forms.
- Form A – Form of application for seeking information
- Form B – Acknowledgment of Application in Form A
- Form C – Outside the jurisdiction of the authorized person
- Form D – Rejection Order
- Form E – Form of Supply of information to the applicant
- Form F – Appeal under Section 19 of the RTI Act, 2005
[DHC (RTI) Rules, 2006, Forms]
Which ID proof is required for RTI application?
As per Delhi High Court (RTI) Rules, what time is prescribed to forward the application to the concerned PIO, if the requested information does not fall within the jurisdiction of the authorized person.
Explain Rule 5 of Delhi High Court (RTI) Rules.
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,—
- 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;
- 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;
- information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
- 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;
- 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;
- information received in confidence from foreign Government;
- 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;
- information which would impede the process of investigation or apprehension or prosecution of offenders;
- 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;
- 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]
Which provision of the RTI Act mandates updation of the publication of the information of an institution every year?
Under Section 4(1) (b) (xvii) (Obligations of public authorities) of the RTI Act, 2005.
[The Right to Information Act, 2005, Section 4]
On what grounds an RTI application can be rejected?
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]
Whether personal information of any official can be given in reply to an RTI application? Why?
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)]
Whether the RTI application once filed can be withdrawn?
Whether documents obtained by way of RTI application, are valid in the court of law?
Under what provisions of the RTI Act, the applicant can get the information free of charge?
(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)]
How a letter petition is processed, screened and listed as a case of Public Interests Litigation in terms of Delhi High Court PIL Rules?
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.
Whether a PIL should be filed by a group of affected persons or by one person only?
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.
Can minor person file a PIL?
Which chapter of Delhi High Court (Original Side) Rules deals with E-Filing?
CHAPTER XXVII of DHC (OS) Rules and Annexure C is related to E-FILING.
What do you understand by Coordinator at remote point? What are his duties? As per Video Conferencing Guidelines issued by High Court of Delhi, who would be the Coordinator at remote point in following cases:
a) Where the person to be examined is overseas
b) Where the person to be examined is in another State/U.T.
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
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 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:
- Ensuring technical requirements are met.
- Conducting pre-conference tests to resolve technical issues.
- Ensuring the person to be examined is ready.
- Regulating access to the video conference room.
- Restricting unauthorized recording devices.
- Providing support (e.g., translators, sign language experts) as needed.
- 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]
How & When exemption from e-filing is granted?
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]
Why a duly filled in proforma as per Annexure “A” of the Practice Directions for Mediation, is required to be annexed with plaints/appeals/Written statement/Reply, etc.
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]
What is the procedure, if the case referred for mediation, is returned without any settlement?
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]
What is the period of limitation for the following suits/ appeals under the Limitation Act, 1963. Also mention the time from which the period of limitation begins to run for such suits/ appeals?
(a) Suit for specific performance of a contract.
(b) Suit for compensation for malicious prosecution.
(c) Appeal under the Code of Civil Procedure, 1908 to a High Court from any decree or order.
(1x3 = 3 Marks)
(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 ]
(i) What is the period of limitation under the Limitation Act, 1963 for an application to set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte? From which date the limitation period is to be reckoned in case of such an application?
(2 Marks)
(ii) When does a person’s right to property get extinguished under the Limitation Act, 1963. Explain briefly the case of such extinguishment with reference to the right of a person to recover possession of immovable property based on title.
(3 Marks)
(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]
(i) Explain briefly the provisions regarding exclusion of time spent on proceeding bona fide in a court without jurisdiction, for computing the period of limitation for any suit under the Limitation Act, 1963.
(4 Marks)
(ii) Explain the effect of payment on account of debt or of interest on legacy on the period of limitation under the Limitation Act, 1963.
(4 Marks)
(iii) Explain the effect of acknowledgement in writing on the period of limitation under the Limitation Act, 1963.
(4 Marks)
(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 ]
(i) How is the fee required to be computed under the Court Fees Act, 1870 in respect of the following suits?
(a) Suit for specific performance of a contract of sale
(b) Suit for the recovery of immovable property from a tenant
(c) Suit for possession of houses and gardens
(d) Suits for redemption and foreclosure of mortgage
(1x4 = Marks)
(ii) How is the fee payable under the Court Fees Act, 1870 on a plaint in a suit for possession under the section 6 of the Specific Relief Act, 1963 computed vis-a-vis a plaint in a regular suit for possession.
(1 Mark)
(iii) What is the fee payable under the Court Fees Act, 1870 (as applicable to the National Capital Territory of Delhi), on any suit where it is not possible to estimate at a money value the subject matter in dispute and which is not otherwise provided for by the Court Fees Act, 1870?
(1 Mark)
(iv) How is the fee payable under the Court Fees Act, 1870 (as applicable to the National Capital Territory of Delhi), on a Probate of a will or letters of administration, computed?
(2 Marks)
(v) Whether any fees is required to be paid on a written statement under the Court Fees Act, 1870? Explain briefly.
(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)]
(i) What is the procedure to be adopted for the purpose of payment of fee under the Court Fees Act, 1870 in suits for mesne profits or account when the amount decreed exceeds the amount claimed?
(2 Marks)
(ii) In what manner multifarious suits are to be charged with fee under the Court Fees Act, 1870?
(2 Marks)
(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]
Explain the provision under the Court Fees Act, 1870 (as applicable to the National Capital Territory of Delhi), with respect to:
(1.) Refund of fee on settlement of a suit or appeal before hearing.
(4 Marks)
(2.) Refund of fee on settlement of a suit which has been referred to Court-annexed mediation.
(2 Marks)
(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.
(i) List the matters/subjects, in the interest of which, the State may impose reasonable restrictions (by legislation) on the exercise of the right to freedom of speech and expression?
(2 Marks)
(ii) Briefly state what does Article 39A of the Constitution of India provide for?
(2 Marks)
(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)]
(i) Are the following fundamental right. Explain briefly.
(a) Right to Education
(b) Right to Privacy
(2x2 = 4 Marks)
(ii) List any two Fundamental Duties
(2 Marks)
(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]
(i) Briefly explain the Right to Constitutional Remedies. List five writs which can be issued by the Supreme Court.
(3 Marks)
(ii) Briefly state the protection(s) available to a person under Article 20 of the Constitution of India.
(3 Marks)
(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]
Briefly explain the concept of ‘State’ under Part III of the Constitution of India. Whether High Court can be considered as ‘State’ under Part III of the Constitution of India?
(4 Marks)
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]
(i) What is the Substituted Service under Order V of the Code of Civil Procedure, 1908?
(2 Marks)
(ii) What is the ground on which a second appeal lies under the Code of Civil Procedure, 1908? In what cases/ circumstances a second appeal does not lie?
(2 Marks)
(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]
(i) What are the circumstances in which an Appellate Court may allow production of additional evidence and what are the modes available for taking such additional evidence?
(4 Marks)
(ii) Briefly explain the High Court’s powers of Revision under the Code of Civil Procedure, 1908.
(4 Marks)
(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]
(i) What are the consequences if the plaintiff fails to move an application under Order 22 Rule 4 (1) CPC [for adding/ substituting the legal representative(s) of the deceased defendant(s)]? What is the remedy available to the plaintiff thereafter?
(4 Marks)
(ii) Who are the persons who may act as next friend or be appointed as guardian for the suit in respect of minors in a suit?
(4 Marks)
(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.
- 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.
- No person shall without his consent be appointed guardian for the suit.
- 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]
(i) What are the powers of and what orders may be passed by an Appellate Court in an appeal for enhancement of sentence?
(2 Marks)
(ii) What sentences can be passed by a High Court, a Sessions Judge, an Additional Sessions Judge and a court of Chief Judicial Magistrate under the BNSS, 2023?
(4 Marks)
(iii) Write a short note on appeal in petty cases.
(4 Marks)
(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.
- 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)
- 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]
(i) Explain the High Court’s power of Revision under the BNSS, 2023. What are the limitations on the exercise of such powers?
(5 Marks)
(ii) What are the provisions with respect to suspension of sentence of a convict and release of a convict on bail by the Appellate Court and by the Court by which he is convicted?
(5 Marks)
(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]
Who is the authority to impound documents not duly stamped? Refer to the relevant Rule.
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]
Write a short note on “Receipt of the process”.
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]
Under what circumstances a petition under Article 226 of the Constitution of India relating to habeas corpus and preventive detention shall be placed before a Single Judge as provided in Rule 1 (xx) CH-3 Part-B Vol.5?
Write any six powers delegated to the Registrar for disposal of certain judicial matters.
- Power to issue notices on an application for Probate or Letters of Administration or for revocation of the same.
- Power to receive and dispose of an application for the return of a document.
- 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.
- Power to receive and dispose of an application for the withdrawal of an appeal or a consent-decree or order.
- Power to receive and dispose of an application under Order XLI, Rule 10, of the Code of Civil Procedure.
- 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]
Write a short note on “Appellate Decree”.
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]
What are the contents of Judgement as provided in Chapter 4 Part-G(b) Rule 4, Volume-V?
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]
Write a short note on “Inspection of Pending Cases by Parties or Agents”. Can an Advocate who has not yet been engaged by a party in the case and has not filed his Vakalatnama, inspect the record? If yes, how?
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]
By referring to the relevant Rule, state the amount of fee chargeable for supply of copies to a Public Officer.
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]
Whether there is any authority competent to dispense with compliance with the Rules? If yes, name the same and refer to the relevant Rule?
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]
Mention the Bench who is empowered to hear the cases filed under Section 64 of the Estates Duty Act, 1953 by referring to the relevant Rule.
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]
Mention any of the four matters which are disposed of at a Judges’ meeting as provided in Chapter-9 Part-A Rule-2 Vol-V.
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]
Explain in brief how the administrative business during vacation is carried out by referring to the relevant Rule?
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]
What do you understand by “Hot Tubbing”. Explain in brief.
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’]
Write a short note on “Confidentiality Club”.
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’]
State the procedure for making reference to two or more Judges. Refer to the relevant Rule.
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]
Who is the competent authority to dispose of an application seeking withdrawal of Vakalatnama of an Advocate and discharge by Advocate? Make reference to the relevant Chapter and the Rule.
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]
Explain in brief “Endorsement & Verification”.
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]
Whether advance service of petitions on the opposite party is mandatory on the Original Side cases/proceedings? If yes, explain in brief the relevant rule/s?
What is the amount of process fee payable on the Original Side? Refer to the relevant Rule and Notification?
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]
Write a short note on extension of time for filing written statement by making a reference to the relevant Rule.
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]
Explain in brief the procedure for rectification of error after the decree has been sealed.
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]
Write in short the procedure for identification of a “Pardanashin Woman” by referring to the relevant Rule.
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]
In the absence of any specific orders, what are the powers of a Receiver?
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]
What are the contents of Bill of Costs?
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]
Define “information” as per RTI Act, 2005
‘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)]
Briefly explain the procedure, including the limitation period and the payable fee, for filing an appeal against the order of the Public Information Officer (PIO) by making reference to the relevant provision of the RTI Act, 2005 and the corresponding Rule under the DHC (RTI) Rules, 2006.
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.
Explain in brief the severability of information by making reference to the relevant provision under the RTI Act.
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]
State the provisions to the imposition of penalty clause/section under the RTI Act, 2005.
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]
Write any four clauses/provisions of exemption from disclosure of information by making reference to the relevant Section of the RTI Act.
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]
What do you understand by the non-applicability of the RTI Act? Explain in short.
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]
As per RTI Act, 2005, what is “protection of action taken in good faith”?
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]
Can any person be exempt from paying the fee prescribed under the DHC (RTI) Rules? If yes, refer to the relevant Rule as well as the corresponding Section of the RTI Act, 2005?
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]
What is the amount of penalty that can be imposed for non-supply of information? Write the name of the authority vested with the power to impose penalty. Refer to the relevant Section.
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]
Briefly explain the “Bar of Jurisdiction of Courts” under the RTI Act.
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]
What is the procedure for Video Conferencing under the High Court of Delhi Rules for Video Conferencing for Courts 2021?
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.
State whether persons who are not parties to the case can view the proceedings conducted through video conferencing? If yes, under which provision?
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.
What are the guidelines for screening Letter Petitions? Refer to the relevant provision.
State the procedure for payment of court fee in case of e-filing. Refer to the relevant provision.
Write a short note on the Practice Directions issued in 2019 in respect of Civil Misc. (Main) Petitions and Civil Revision Petitions.
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:
- 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.
- 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.
- 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. - 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.
- 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.
- 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.
- 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.
Write in short the Practice Directions regarding requisitioning and returning of the Trial Court Records/Lower Court Records.
What are the Practice Directions regarding appointment of Judicial Officers as Receiver?
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
What are the Practice Directions regarding impleadment of Hon’ble the Chief Justice of this Court as respondent?
Briefly mention the Practice Directions dated 04.09.2019 issued in respect of proceedings under Section 20A of the Specific Relief Act, 1963.
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
Write contents of the Practice Directions issued on 16.03.2021
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
As per Limitation Act, Explain “continuous running of time”.
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]
State the time that is liable to be excluded while computing the period of limitation of appeal?
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)]
What is the effect of fraud or mistake on the period of limitation?
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]
Discuss Section 7 of the Limitation Act which deals with disability of one of several persons.
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]
Mention the limitation period for the following:
i. Suit for possession of immovable property mortgaged.
Twelve years – from when the mortgagee becomes entitled to possession.
Mention the limitation period for the following:
ii. Suit for arrears of rent
Three years – from when the arrears become due.
Mention the limitation period for the following:
iii. Appeal to High Court from a sentence of death passed by a Court of Session
Thirty days – from the date of the sentence.
Mention the limitation period for the following:
iv. To restore a suit or appeal or application for review
Thirty days – from the date of dismissal.
What do you mean by “Doctrine of Sufficient Cause”.
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]
What is the effect of substituting or adding new plaintiff or defendant?
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]
Which Section of the Limitation Act refers to the cases of continuing breaches?
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]
Mention the Section which says that all instruments shall for the purpose of this Act be deemed to be made with reference to the Gregorian calendar.
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]
Mention the Section which deals with defect of jurisdiction.
Section 14 of The Limitation Act, 1963 deals with the defect of jurisdiction.
How Court fees is calculated in respect of movable property of no market-value? Refer to the relevant Section of the Court Fees Act.
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)]
Which is the section of the Court Fees Act dealing with the power to reduce or remit the court fees? With whom authority lies?
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.
Which is the authority to whom notice is issued under Section 19H of the Court Fees Act?
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.
What is the procedure in suits for mesne profit or account when the amount decreed exceeds the amount claimed?
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]
Discuss the refund of court fees in the event of reversal or modification of its former decision by the Court? Refer to the relevant section.
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]
Briefly discuss Section 16A of the Court Fees Act, 1870?
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]
What is the proper fee payable on Probate of a Will when such amount or value exceeds fifty thousand? Refer to the relevant provision of the Court Fees Act.
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]
Which Section of the Court Fees Act deal with costs of processes under the Court Fees Act?
Section 20 of The Court Fees Act, 1870 deals with costs of processes.
How the fee on Memorandum of Appeal against order relating to compensation is computed?
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]
With which subject Section 19 of the Court Fees Act deals with?
Section 19 of the Court Fees Act deals with “Exemption of certain documents”.
What is the proper fee payable on Succession Certificate?
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]
As per CPC, Mention the procedure for reversal or modification of a decree for error or irregularity not affecting merits or jurisdiction.
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]
Mention Section 101 of the Code of Civil Procedure Code.
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]
Write in brief the procedure for filing an appeal from a consent decree by referring to the relevant provision.
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)]
Under which Section of Code would lie an appeal from an order passed under Section 95 of the Code?
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)]
After how much time of marriage of a female party, the suit shall abate?
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]
State the grounds on which a revision can be filed in the High Court.
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]
What remedy is available to the defendant where a suit on behalf of a minor is instituted without next friend?
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]
What do you understand by “Examination of service Officer”?
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]
Explain “Substitution of letter for summons”?
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]
Mention Rule 4 Order 41 CPC?
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]
What is the effect of death of a party on a proceeding if the right to sue survives?
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]
Write the mode of taking additional evidence as provided in Order 41 CPC.
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]
Prepare a flow chart/tabulation of the hierarchy of the criminal courts as well as the quantum of sentences that may be passed by them, as mentioned in Section 22 and 23 of the BNSS.
- 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.
- 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.
Mention the section under which an appeal shall lie from orders requiring security.
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]
What is the procedure for filing an appeal where a High Court has awarded sentence of imprisonment not exceeding three months?
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)]
How an appeal against acquittal can be presented to the High Court?
- 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]
Describe in brief “Special Right of appeal”.
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]
What is the procedure for presentation of an appeal when the appellant is in jail? Mention the relevant section.
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]
When does an appeal in a criminal proceeding abate?
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]
Discuss in short High Court’s powers of revision in criminal proceedings.
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]
Which are the cases that can be dismissed summarily?
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)]
Discuss in brief Section 416, BNSS
- 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]
Name the Article that provides for restriction on rights conferred by Part-III of the Constitution of India while martial law is in force in any area.
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.
What do you mean by “Laws inconsistent with or in derogation of the fundamental rights”? Discuss in short.
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.
Mention whether under any circumstances the rights guaranteed under Part-III are applicable to non-citizens?
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.
What does Article 24 deal with?
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.
Write brief note on “Remedies for enforcement of rights conferred” by Part-III of the Constitution.
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.
What does Article 50 deal with?
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.
Name the Article that makes provision for “just and humane conditions of work and maternity relief”.
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.
Which is the Article that provides for “equal justice and free legal aid”.
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.
What does Article 44 provide for?
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.
Mention any six Fundamental Duties.
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.
Name the amendment that inserted Article 43A. What does Article 43A provide for?
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.
“State to secure a social order for promotion of welfare of the people”. Mention whether this statement is a Fundamental Right / Directive Principles of State Policy/ Fundamental Duties.
This statement is a Directive Principles of State Policy.
[Article 38 of The Constitution of India]
What does Article 21-A provide for?
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.
Define:-
i) ‘ready list’
ii) ‘prescribed’ under RTI Act
iii) ‘disseminated’ under RTI Act; and
iv) ‘authorised person’ under Delhi High Court (Right to Information Rules, 2006
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]
State the period for preservation of the following documents:-
i) decree of the Court
ii) register of inspection of records
iii) original criminal trial; and
iv) Crl.M (M) application under Sections 482/483 BNSS, after their decision and upon retaining orders of Court, the grounds for bail and copy of FIR
i) Permanently
ii) One year
iii) Thirty Years
iv) One yar
[Chapter 5 of Volume V]
What, is ordinarily the composition of the Bench (Single or Division Bench), in the case of following categories:-
i) an application for withdrawal of an appeal
ii) petition pertaining to award of tender
iii) petition arising out of Land Acquisition; and
iv) a case submitted under Section 307 of the Code.
i) Single Judge
ii) Single Judge
iii) Single Judge
iv) Single Judge
[Chapter 3 of Volume V]
A paper of 15th March, 2012 is to be preserved for a period of three years. When it will become liable to destruction.
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.
Where, further fee is required to be paid by the applicant, how and when the period of thirty days is calculated? (Section 7 (3a) of RTI Act)?
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.
How, a stranger may get copies of documents & exhibits, after the decree; and, before the decree?
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]
What are the powers of Central Information Commission? [Section 18 (3&4) of RTI Act]
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.
How an appellate decree in forma pauperis run?
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.”
What are the duties, which the Registrar may be empowered by name to perform?
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.
State, the effect, in not presenting application under Order XXII CPC, before the next date of hearing; and, ‘form of amendment’ on being admitted on record as legal representative.
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.
Write a short note on ‘presentation of pauper appeal by an authorised agent’.
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.
Explain the procedure to be followed, when a pleader has been expelled by his Bar Association.
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.
Explain, the ‘Exemption from payment of fee’ under Rule 10C of Delhi High Court (Right to Information) Rules, 2006.
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.
Write a note on ‘an answer to the rule nisi’. [Rule 6, Part F(b) of Chapter 4].
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]
Which, vernacular documents, in the paper book, are required to be translated; and, who is responsible for accuracy of contents of paper book.
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]
Write a short note on ‘processing of Jail Petition and communication of acquittal order passed by the Court’.
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]
Write a short note on ‘information or record which relates to third party’ under Section 11 of the RTI Act, 2005.
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.
State, the eligibility conditions of a person to be designated as Senior Advocate; and, ‘procedure on an application by an Advocate for being designated as Senior Advocate’.
As per Chapter 6, Part L, Rule 5 and 7 of Volume V:
- 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.
- 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.]
Write a short note on ‘disposal of application by the authorised person’ under Delhi High Court (Right to Information) Rules, 2006.
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.
Explain ‘Custody of records’ as defined in Rule 10 Chapter 1
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]
Define ‘Registrar’.
“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]
What procedure, the Registry, should follow to the objections pointed out by it, to the election petition presented?
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:
Explain ‘Application by creditor for letter of Administration’.
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]
What does the index shall specify in commercial cases?
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.
State the procedure ‘where a question arises as to whether any person is or is not a Legal Representative of deceased person’.
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.
Explain ‘Examination de bene esse’.
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]
Data of which matters are to be entered into the Database.
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]
In which order ‘Part IV-B of evidence file’ is kept.
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]
Explain ‘issue of summons in the very first instance by the Court notwithstanding anything contained in Order V R.10 of the Code’.
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]
Describe ‘Endorsement in Vakalatnama’.
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]
Explain ‘Document Schedule’. (Rule 7A of Chapter VII)
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.
State the manner and under what circumstances, the applicant may be exempted from electronic filing.
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]
What are the ‘minimum requisites for video conferencing’?
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]
Explain ‘recording of evidence on the basis of electronic record’.
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.
What is the format of ‘interlocutory applications’, which is to be filed, in pending matters by the parties, and thereafter to be filled in by the Court Master as and when new applications are filed and disposed of.
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]
What are the ‘consequences of receiver’s negligence to file accounts or to pay the balance’?
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.
Explain ‘settlement offer with prejudice’.
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.
