PART III

Judicial Department

THE HIGH COURT OF KERALA

NOTIFICATION

No. D1-79655/2008 (1).

7th June 2014.

In exercise of the powers conferred by Article 227 of

the Constitution of India, S.477 of the Code of Criminal

Procedure, 1973 (Central Act 2 of 1974) and all other

powers hereunto enabling, and with the previous

approval of the Governor of Kerala conveyed in

G. O. (Ms.) No. 102/2014/ Home, dated 19-5-2014, the High

Court of Kerala hereby makes the following rules further

to amend the Criminal Rules of Practice, Kerala, 1982,

published in Part III of the Kerala Gazette No. 33, dated

14th August, 1984.

Rules

Short title and commencement: (1)

These rules

may be called the Criminal Rules of Practice,

Kerala (Amendment), 2014.

(2)

It shall come into force at once.

Amendment of the rules: In the Criminal Rules of

Practice, Kerala,

(1)

In rule 56,-

(a)

after the words ‘deposition of witnesses’,

the words ‘date of commencement of the examination’

shall be inserted;

(b)

after the word ‘age’ , the word ‘sex’ shall

be inserted;

(2)

In rule 57, after the words ‘his signature’, the

words ‘with date’ shall be inserted.

(3)

In Appendix I-under the heading ‘JUDICIAL

FORMS’;

(a)

in form No. 16,-

(i)

for the figure ‘XXII’, the figure ‘XXIII’

shall be substituted;

(ii)

below the item ‘Deposition of ...........

Witness for’, the following item shall be inserted,

namely:—

‘Date of commencement of examination ...........’;

(iii)

below the item ‘Name ...........’, the item

‘Sex .........’ shall be inserted;

(b)

in FORM No. 17, below the item, ‘Name .........’,

the item ‘Sex ..................’ shall be inserted.

By order,

(Sd.)

Registrar (Subordinate Judiciary).

Gaz. No. 27/2014/DTP (Judicial).

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JUDICIAL DEPARTMENT

Explanatory Note

(This does not form part of the notification, but is

intended to indicate its general purport.)

It is noticed that the format of deposition sheet

used in the trial courts does not contain any column

regarding sex/gender. This causes much difficulty on the

appellate side in indentifying whether a witness is a male

or a female from the deposition sheet. Further, the High

Court of Kerala had, in its judgment dated 13th, July,

2012 in O. P. (FC) No. 1551/2012, observed that the

existing rules do not make it mandatory to put the date

when the deposition is recorded and observed that it is

an omission in the rules. The bench had expressed hope

that appropriate amendments would be made to the rules.

Hence it was decided to amend the rules with the

previous approval of the Governor of Kerala.

The notification is intended to achive the above

object.

NOTIFICATION

No. D1-79655/2008 (2).

7th June 2014.

In exercise of the powers conferred by Section 122 of

the Code of Civil Procedure, 1908 (Central Act V of 1908),

and all other powers hereunto enabling it in this behalf,

the High Court of Kerala hereby publishes the draft of the

amendments proposed to the Civil Rules of Practice,

Kerala, for general information.

Notice is hereby given that any objection or

suggestion with respect to the draft, received from any

person within thirty days from the date of publication of

this notification in the official gazette, will be considered

by the High Court. Objections or suggestions, if any,

shall be addressed to the Registrar (Subordinate

Judiciary), High Court of Kerala, Kochi-682 031.

Draft Rules

Short title and commencement: (1)

These rules

may be called the Civil Rules of Practice, Kerala

(Amendment), 2014.

(2)

It shall come into force at once.

Amendment of rules: In the Civil Rules of

Practice, Kerala ;

(a)

for rule 145, the following rule shall be

substituted, namely:

‘145. Heading of depositions:- The heading of the

deposition of witnesses shall be as in Form No. 27A’;

(b)

In rule 146, in sub rule (1), after the words

‘his signature’, the words ‘with date’ shall be inserted.

(3)

In APPENDIX- I-after FORM No. 27, the

following form shall be inserted, namely:

Form No. 27 A

(Rule 145)

DEPOSITION OF WITNESSES

In the Court of ..................................................

O. S.

No. .............. of 20..........

Small Cause

Deposition of witness No. ........ for plaintiff/defendant.

Date of commencement of examination:

Name of the witness:

Sex:

Name of Father/Mother/Husband/Guardian:

Age of witness:

Occupation:

Religion:

House No. or name:

Village:

Taluk:

Name of the officer administering the oath:

Name of the Advocate Commissioner recording the

deposition:

By order,

(Sd.)

Registrar (Subordinate Judiciary).

Explanatory Note

(This does not form part of the notification, but is

intended to bring out its general purport.)

It is noticed that the format of deposition sheet

used in the trial courts does not contain any column

regarding sex/gender. This causes much difficulty on the

appellate side in indentifying whether a witness is a male

or female from the deposition sheet. Further, the High

Court of Kerala had, in its judgment dated 13th July, 2012

in O. P. (FC) No. 1551/2012, observed that the existing

rules do not make it mandatory to put the date when the

deposition is recorded and observed that it is an

omission in the rules. The Bench had expressed hope

that appropriate amendments would be made to the rules.

Hence it was decided to amend the Rules.

The notification is intended to achive the above

object.

8th JULY 2014]

JUDICIAL DEPARTMENT

NOTIFICATION

No. B4-44225/2008.

10th June 2014

In exercise of the powers conferred by section 13

of the Code of Criminal Procedure, 1973 (Central Act of

1974), the High Court of Kerala hereby

(i)

confers upon Sri P. Sreenivasan, ‘Sreepuri

House’, Chathamangalam P. O., Via NIT, Kozhikode, all

the powers conferred on a Magistrate of Second Class

under the said Code in regard to the cases generally

arising in the Corporation area of Kozhikode District and

empowers to try such cases sitting singly in the said

area;

(ii)

appoints the said Sri P. Sreenivasan, as

Honorary Special Judicial Magistrate of Second

Class, Kozhikode for a period of one year with effect

from the date of assumption of charge and;

(iii)

further confers upon him, under Section 261 of

the said Code, the power to try summarily the offences

set out earlier.

By order,

N. ANIL KUMAR,

Kochi-682 031.

Registrar (Subordinate Judiciary)

QUOTATION NOTICE

No. F2-051478/2014.

10th June 2014.

Sealed quotations are invited for the binding and

rebinding of Books/Periodicals/Reports/Gazettes in the

High Court Library, as per the specifications given below

for a period of one year.

1. The lowest satisfactory quotation will ordinarily

be accepted, but the Registrar General reserves

to himself the right to reject all or any of

the quotation, without assigning any reason

thereof.

2. The successful quotationer will have to deposit a

sum of ` 1000 as security, immediately on

acceptance of the quotation and also to execute

an agreement.

3. The successful quotationer will report before

High Court on all Saturdays except Second

Saturdays unless ordered otherwise.

4. The last date fixed for the receipt of the

quotation in this office is 1st September 2014 at

2.30 p. m. The sealed quotations will be opened

by the Registrar General at 3 p. m. on that day.

5. Further details can be had from this office on any

working day during office hours.

Specifications

1. Rates of books and periodicals to be bounded in

half leather and calico with the name, year,

edition etc. printed in golden letter-open binding

sewn.

2. Rates for Gazettes to be bound in half leather and

calico with the name, year, etc. printed in ink-

open binding sewn.

3. Rates for Gazettes to be bound in cloth and

calico with the name, year, etc. printed in ink-

open binding sewn.

By order,

S. JAGADEES,

Kochi-682 031

Registrar General.

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JUDICIAL DEPARTMENT

Court of Chief Judicial Magistrate, Kasaragod

NOTIFICATION

No. A1- 3114/2014.

2nd June 2014.

In exercise of the powers conferred under Section

14(i) of the Code of Criminal Procedure 1973

(Central Act 2 of 1974) the Chief Judicial Magistrate,

Kasaragod defines the areas shown in Column No. 2 of

the Schedule appended to be the local area within which

the Magistrate mentioned in Column No.1 thereof may

exercise all or any of the powers under the Criminal

Procedure Code from the date of his taking charge.

SCHEDULE

Areas comprised within the

Name of Magistrate

limits of undermentioned

Police Stations

(1)

(2)

Sri Ranjith, E.,

First Class and Second

Judicial First Class

Class Offences within the

Magistrate-I,

limits of Adhur, Badiadka,

Kasaragod

Bedakam and Second

Class Offences within the

limits of Kasaragod, Kumbla,

M a n j e s h w a r a n d

Vidyanagar Police Stations,

except Forest Offences.

Smt. Raja Sree, C. R.,

Offences coming under

Judicial First Class

138 NI Act within the

Magistrate-II,

limits of Kasaragod,

Kasaragod

Kumbla, Manjeshwar

A d h u r , B e d a k a m

Vidyanagar and Badiadka

Police Stations made over

from Chief Judicial

Magistrate’s Court,

Kasaragod and Judicial

First Class Magistrate’s

Court-I, Kasaragod.

RAJU, N. V.,

Kasaragod.

Chief Judicial Magistrate.

(1)

(2)