The B
The B
The B
The B
EX
PUBLI
(NO.PATNA 965) PAT
No. 61878/Adm. Rules
AD
PATN
The existing Part-
Court Rules, 1916 reg
following Part- IV-Misce
IN
1.
(i)
The provisi
possible, apply to th
(ii)
This Chapt
publication in the
2.
All applications for
or for certified c
documents/ eviden
tendered/submitted
between 10.30 a.m
REGISTERED
Bihar Gazett
Bihar Gazett
Bihar Gazett
Bihar Gazett
XTRA ORDINARY
SHED BY AUTHORITY
5 AGRAHAYAN 1936(S)
TNA, WEDNESDAY, 26TH NOVEMBE
PATNA HIGH COURT
————
The 26th Novem
DDENDA AND CORRIGENDA
TO
NA HIGH COURT RULES, 1916
(Fifth Edition)
C.S. No. - 138
-IV- Miscellaneous, Chapter–XIV of the
garding Information and Copies be re
ellaneous, Chapter- XIV with immediate
CHAPTER XIV
NFORMATION AND COPIES
ions contained in Chapter III shall,
he applications made under this Chapt
ter will come into effect from the d
e Bihar Government Gazette.
r search/ examination/ inspection of t
copies of the judgments/ orders/
nce shall be made under this Chapter an
d in the Copying Section on any wo
. and 1.30 p.m
NO. PT.-40
tetetete
ER 2014
mber 2014
Patna High
eplaced by
effect.
as far as
er.
date of its
the records
pleadings/
nd shall be
orking day
2
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
i) Applications for copy will be made in Form ‘A’ appended to
this Chapter.
ii)
Applications for search/examination/inspection will be
made in Form ‘B’ appended to this Chapter.
iii)
Applications for information will be made in Form ‘C’
appended to this Chapter.
3.
For the purpose of this Chapter :-
a)
“Court” or “this Court” means the Patna High Court or
the High Court of Judicature at Patna.
b)
“Day/s” wherever used in this Chapter will mean
working day/s.
c)
“Public Officer” means an officer in Class I or Class II
service of the Central/State Governments or the Chief
Executive
Officer/
Secretary
of
any
Local
Self
Government (MunicipalCorporations/ Municipalities/
Panchayats).
d)
“Public Purpose” means the copy required for the
record of the Central/State Government/ Local Self
Governments (Municipal Corporations/Municipalities/
Panchayats) or for production in any legal proceeding
before a Court/ Tribunal/ Authority.
e)
“Proceeding” means any suit/ appeal/ petition/
application instituted/ preferred/ filed/ made in/
before/ to this Court, whether pending/ disposed of.
f)
“Record” means the record of the proceeding filed in
this Court or the record of any proceeding filed in any
court or tribunal or before any authority, if called for
by this Court and is lying in the possession of this
Court.
4.
The fees chargeable under this chapter will be paid through franking
machine located in the high court complex or by plastic money or in
cash or by any other electronic mode.
5.
A fee will be charged for furnishing certified copies:-
a)
At the rate of Rs. 5/- for every page of the
judgments/orders/pleadings/documents/evidence.
b)
In case of pleadings/ evidence/ document filed/
recorded/ exhibited in a suit/ appeal/ application
instituted/
preferred/
made
to
a
civil
court
subordinate to the High Court, the fees as may be
chargeable under the Court – fees Act, 1870.
c)
In case of maps and Plans a fee at the rate of Rs.50/-
per map or plan.
d)
A fee of Rs. 10/- will be charged on every application
for search and examination/inspection/information of
the record of any proceeding filed in the High Court or
of the lower Court record called for and lying in the
possession of the High Court.
3
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
Clarification:
i)
Fees at the rate specified in the foregoing clauses of
this rule will be charged on ordinary applications.
ii)
Fees at double the rate specified in the foregoing
clauses of this rule will be charged on urgent
applications.
Provided that no fees will be charged:-
i)
On application for search/ examination/ inspection/
information/ copy made by a public officer if required
for a public purpose.
ii)
On applications for copy of the judgment or order
recording conviction/ acquittal of a Government
servant in case such application is made by the head
of the department concerned.
6.
The advocates on record may, on payment of the specified/
prescribed fees, apply for copy of the judgments/ decrees/ orders
passed/ made by this court in any proceeding.
7.
Applications for search / examination / inspection / information of
the records or for the certified copies of the judgments /orders
/pleadings /documents /evidence in any proceeding may be made
by:-
a)
A party to the proceeding if the party has appeared in
person.
b)
The advocate on record if the party has appeared
through the advocate.
c)
A “Public Officer” if the search/ examination/
inspection/ information/ copy is required for “public
purpose”.
8.
A stranger to the proceeding may:-
a)
For the reasons/ purpose recorded in writing in the
application made personally or through the advocate
on
record, apply for the certified copies of the
judgments/ orders/ pleadings/ documents/ evidence
in the matters decided by the high court.
b)
For the reasons/purpose recorded in writing in the
application personally or through the Advocate on
Record, apply for search/ examination/ inspection/
information of the records or for the certified
copies of the
Judgments/
Orders/
Pleadings/
Documents/ Evidence in the matters decided by the
High Court.
9.
The application made by the stranger to the proceeding will be
processed only if the Joint Registrar (Judicial) is satisfied about the
bona fide requirement.
10.
A fee at double the rate specified in this chapter will be charged on
the applications made by the stranger/s to the proceedings.
4
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
11.
Procedure for application for information and for processing such
application (applications be made in Form 'C' attached to this
chapter):-
a)
Applicant will enter identical particulars of date, name
& Residence in both parts of from 'C' appended to this
chapter.
b)
The officer receiving the application will enter the
plausible date for furnishing the information in
column 04 in part I & part II of the Form 'C'.
c)
Duly filled in part II of the Form ‘C’ will be handed over
to the applicant. The applicant will enter his signature
in column 05 of Part I of Form ‘C’ in proof of the
receipt.
d)
Part I of Form 'C' duly filled in will be passed over to
the Section Officer of the concerned Section before the
closing of the day, but in no case later than the next
succeeding day.
e)
The concerned Section officer will receive the Form &
will enter the remarks/ necessary information in
column 6 of the Form and will return to the receiving
officer within not more than 04 days from the date of
requisition.
f)
On receipt of part I of Form 'C', the receiving officer
will make it over to the applicant.
g)
In the receipt thereof, the Applicant will put his
signature & date in column 06 of part II of Form 'C'.
The receiving officer will recover Part II of Form 'C'
from the applicant.
h)
All Part II of Form ‘C’ recovered from the applicants
will be neatly filed & will be retained for one month.
i)
After expiry of one month, part II of Form 'C' retained
by section will be destroyed and recycled.
12.
On receipt of the application for search/ examination/ inspection
of the records or for the copies of the judgments/ orders/
pleadings/ documents/ evidence the Registry will process the
same as under :-
a)
Every application for a copy of Order/ Judgment/
Petition/ Memo of Appeal or any Proceeding will be
consecutively numbered and entered in the register
(digital and or non-digital).
b)
After receipt of requisition, within not more than 3
days, requisition will be examined for further process.
Defective or incomplete requisition will not be
processed further until the defect is rectified or the
requisition is made complete on payment of Rs. 3/- for
each requisition.
c)
The fees payable on valid or complete requisitions will
be assessed within 5 days of receipt of the requisition.
5
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
The assessment will be displayed on Patna High Court
Website and the notice board of the copying section
after Court hours on the same day.
d)
The Section Officer of the Copying department if
necessary will call for the relevant records from the
concerned section, not later than on the next working
day. The concerned section will send the record
immediately but not later than 3 days in case of
pending proceeding and five days in case of the
disposed of proceeding. On receipt of record in the
copying section, the fees will be assessed within not
more than two days for such records.
e)
The applicant will make the payment of the fees
assessed within three days from the date of display on
the website or the notice board. Fees will be paid
between 11:30 A.M. and 01:30 P.M.
f)
On receipt of fees, requisitions will be processed
further.
g)
On receipt of fees, the amount will be entered by the
section officer of the copying section in the main Form
and the counter foil in the Form annexed at Appendix
A to this chapter.
h)
The Section Officer will state the date of delivery of the
copy both on the main Form and the counter foil
(Appendix A annexed to this chapter).
i)
Section Officer of the Copying section will cause the
copy to be made thereupon.
j)
The copy will be furnished on the presentation of the
counter foil.
k)
In
case
of
digital
records,
certified
copy
of
Judgment/Order will be furnished on the date of
receipt of the valid application complete in all respects
and on payment of the fees.
l)
At the time of delivery of the copy, the Section Officer
will secure the signature of the person receiving the
copy on reverse of the application in proof of receipt of
the copy.
m)
If copy is not received by the applicant within 30 days
from the date of display. The copying section will
destroy the same through re-cycling.
n)
In case of certified copies, Deputy Registrar or his
nominee will certify it to be true copy under his
signature and will put the seal of the Patna High
Court.
o)
After delivery of the copy, requisitions will be preserved
for six months. On expiry of the six months, the
requisitions will be processed for destruction through
re-cycling.
6
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
13.
When a certified copy of a decree, judgment or order is issued the
following particulars shall be recorded on the last sheet of the
copy.
Date of application for the copy …………..
Date of notifying the fees payable ... ....
Date of payment of fees................
Date on which the copy was ready for delivery.... ....
Date of making over the copy to the applicant... ...
For digital records as follows:-
Date of Requisition
Date of Delivery
14.
On the back of the last sheet of the copy shall be recorded the cost
paid by the parties applying for copies in the Form given below for
non-digital records:-
Rs.
Paisa
Application for copy
...
....
Search fee
...
....
Extra fee for urgency
...
....
Fees
...
...
Other items, if any
...
....
Total........
For digital records as follows:-
Number of Pages
Total Cost
15.
In case of difficulty, the interpretation made by the Chief Justice or
by the Judge nominated by the Chief Justice in this behalf or by
the Registrar General, if nominated by the Chief Justice will be
final and binding.
The copies will be made on A4 size paper only.
The computer print will be made in Times New Roman font of 12
size and 1 ½ spacing.
APPENDIX (Under this Chapter)
a)
Applications for copy Form ‘A’.
b)
Applications for search/ examination/ inspection
Form ‘B’.
c)
Applications for information Form ‘C’.
-----------------------------------------------------------------------------------------
File No. – Misc.-10-2014 (Administrative Rules)
Dated : ………………………2014
By Order of the Court,
Sd./Illegible,
Registrar General.
7
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
APPENDIX – A
(P.H.C.-VI-3)
Sl. No.
IN THE HIGH COURT OF JUDICATURE AT PATNA
(Correct option may be tick marked )
Application for copy – Urgent / Ordinary
Simple / Certified
Pending / Disposed -
Date of Disposal (If disposed of) –
Case No.
(Appellant’s / Petitioner’s Name)
....................................................................................................................................
....................................................................................................................................
(To be filled by Copying Section)
Fee Chargeable Rs...................................
Mode of payment Stamp / Cash / E-payment / Card
Whether exempted from Fee Yes / No
Date of Notification ..........................................
Supplied by the applicant on .............................
Record received on ............................................
Copy will be ready on .......................................
Copy delivered on .............................................
Purpose:......................................................................................................................
....................................................................................................................................
Application is made by Applicant / Respondent / Public Official / AOR / Advocate
Clerk / Any Other
Mobile No.
Signature of the applicant
E-mail ID
Date –
Counter Foil
Sl. No.
Fee Chargeable Rs..........................
Mode of payment Stamp / Cash / E-payment / Card
Whether exempted from Fee Yes / No
Supplied on .......................
To attend for Copy on ...............
Note:- All charges must be paid within three working days of notification. In
complete or defective application will not be entertained / processed at all. Copy
will be furnished only on the production of this court foil.
(To be filled by the Applicant)
Description of document of which
copy is wanted
8
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
FORM – ‘B’
(P.H.C. Sch. VI-7)
Number and class of cases
and name of parties
Purpose for which inspection is
desired
Name of the Advocate
applying
a Vakalatnama
a Vakalatnama
a Vakalatnama
a Vakalatnama
Certify that I filed--------------------------- in the case
an
an
an
an appearance slip
appearance slip
appearance slip
appearance slip
Signature of the Advocate
9
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
(P.H.C. Sch. VI-4)
FORM – ‘C’
Application for information
Number
and date
Name and residence
of Applicant
Nature of the
information
required
Date of which
the
information is
to be ready
Signature of
the Officer
receiving the
application
Remarks
1
2
3
4
5
6
Number
and date
Name and residence
of Applicant
Nature of the
information
required
Date of which
the
information is
to be ready
Signature of
the Officer
receiving the
application
Remarks
1
2
3
4
5
6
Note:-
The person applying for information is to fill up columns 1 (except the Nos. 2 and 3) and present it to the officer appointed
to received such applications who if the information required cannot be immediately supplied, will fill up, test off and
return the bottom part of the form to the applicant.
10
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
ADDENDA AND CORRIGENDA
TO
PATNA HIGH COURT RULES, 1916
(Fifth Edition)
C.S. No. – 139
The existing Chapter – IIIA of the Patna High Court Rules, 1916
regarding filing procedure be substituted by following Chapter- IIIA with
immediate effect.
CHAPTER IIIA
FILING PROCEDURE
With the introduction of centralized filing for all petitions,
applications, appeals and affidavits, it has become necessary to evolve a
uniform practice and procedure for the same. Chapter III-A was
introduced on 30.09.1996 and was amended from time to time. It is
noticed that there are different filing procedures for different types of
applications, which is undesirable and difficult to be incorporated in the
Computer Software Program and Data Flow Management. It has thus
become necessary to revise the filing procedure and make it uniform, in
supersession of all other procedures specified in the Patna High Court
Rules or may otherwise be prevalent.
The existing Chapter IIIA of the Patna High Court Rules be
substituted by the following Chapter IIIA.
Chapter IIIA-Filing Procedure:-
The procedure prescribed in this Chapter will come into effect
immediately, but will be made compulsorily applicable with effect from
1st January 2015.
1.
All
proceedings/pleadings
under
original
or
appellate
or
miscellaneous (civil/criminal) jurisdiction or any other jurisdiction
shall be presented for filing only at the centralized filing counter
before the Designated Officer.
(i)
Designated officer will be nominated by the Registrar
General.
(ii)
For the purpose of this rule "the proceeding" will mean
and include suit, counter claim, appeal, cross objection,
petition, application, miscellaneous application, caveat,
and the like.
(iii)
For the purpose of this rule "the pleading" will mean and
include
written
statement/
Affidavit
filed
in
any
proceeding.
Provided that this procedure will not apply to the proceedings
for which a special procedure is prescribed by any statute/ rule
made in that behalf.
2.
All proceedings/pleadings shall be presented and received at the
centralized filing counter from 10.30 am to 1 pm and 2.15 pm to
3.30 pm on Court working days and from 10.30 and to 1 pm on
Saturdays (except the closed Saturdays).
11
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
3.
(i)
(a) The proceedings/ pleadings shall be bound in a
Paper Book form.
(b) The proceedings/pleadings shall be on A-4 size Bond
Paper.
(c)
The top margin and the left margin shall not be
less than 2 inches and the bottom margin not less
than 1 inch.
(d) Typing/ printing shall be in Font Size 12 and in one
and half spacing.
(e)
The proceedings/ pleadings shall bear running page
number and annexure numbers.
(f)
Every
Proceeding
shall
be
accompanied
by
synopsis, where necessary, giving relevant dates of
events in chronological order.
(g) Photo state copy of a document appended as
annexure, if not legible, shall be followed after the
document by a typed copy of the annexure and
shall be attested by the Advocate on Record as
“true copy”.
(ii)
All proceedings shall be filed with a duly filled in
Presentation Form (civil/criminal) annexed to this chapter
as ‘Appendix A(i) and A(ii)’ respectively.
(iii)
Save and except where the impugned order/s is a
judgment or order of a Court or statutory Tribunal, in all
other Civil and Criminal Writ proceedings the proceedings
whereof are supported by affidavit as prescribed, the
annexures including impugned orders/judgments need
not be certified copies, but have to be true typed copies or
true photo copies of such document/s.
4.
Memo of Appeal in relation to Letters Patent Appeal under Clause
10 of the “Letters Patent constituting the High Court of Judicature
at Patna” arising out of a petition under Article 226 and/or 227 of
the Constitution of India, shall contain a brief statement of the plea
of the writ petitioner/s and the defense raised by the respondent/s
in
the
Writ
Petition
and
the
grounds
of
appeal.
The
Judgment/Order under challenge will be annexed to the Appeal
Memo. No other document or no new facts shall be incorporated in
the Appeal Memo.
Memo of Appeal shall be presented for filing along with one copy of
the complete Set of the Paperbook before the learned Single Judge
in the original writ proceedings.
Explanation: - For the purpose of this Rule, the Paperbook shall
mean and include
i)
Copy of the writ petition complete with annexures;
ii)
Affidavits with all annexures (supplementary, counter,
reply to counter or any other) filed in the writ petition in
the same order as in the writ petition; and
12
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
iii)
Interlocutory Application for amendment, if allowed by
the learned single judge. No other papers or applications
filed in the writ petition shall form part of the paperbook.
The Court may allow the appellant/s to bring on record additional
materials or new facts by a specific order made on Interlocutory
Application made in this regard.
Interlocutory Application for stay or for interim relief may be filed
either alongwith the Memo of Appeal or at any time pending the
Appeal.
5.
All such proceedings presented for filing shall be entered in the
Computerized/Digital Register maintained for the purpose and the
person presenting the same shall, thereafter, be granted a receipt
with token number and date and other particulars.
The nature of proceedings, case type and case number, where
proceedings are in relation to a pending case, the date of
presentation and such other information will be electronically
generated as may be specified by the orders of the Chief Justice
from time to time.
Once the token number is generated upon presentation, the court
will become the custodian of the record and proceedings/pleadings
will not be returned or made available to any person/advocate or
party under any circumstance.
Where the proceeding/pleading filed relates to a pending case, it
shall be sent to the respective section for being tagged to the
records of such pending case for the stamp reporting by the
concerned section of the registry.
6.
(i) If in course of and as a consequence of stamp reporting, any
defect or deficiency is pointed out, the matter shall be so
reported as early as possible, but in not more than 3
working days in the form as prescribed from time to time.
All defective proceedings will be displayed on the Patna High
Court website daily at the closing time with reference to the
token number, case type, the party name and the name of
the A.O.R., through whom such proceedings are filed.
In case the Stamp Reporter is unable to complete the Stamp
Reporting within specified 03 days for want of relevant
record/for any other reason, he shall complete Stamp
Reporting within 15 days from the date of filing. In case,
Stamp Reporting is not completed within specified 15 days
the stamp reporter will submit report to Section Officer. The
Section Officer will forward the report of all such matters to
the Joint Registrar (Judicial) or to any other officer, who the
Registrar General may nominate for this purpose.
The report will be submitted in the Form annexed to this
Chapter as Appendix ‘B’.
On receipt of the above information in Form ‘B’ the Joint
Registrar (Judicial) or the Officer nominated for this purpose
will take necessary steps to complete stamp reporting.
13
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
(ii)
Upon display of defect or deficiency, the concerned A.O.R.
will remove the defects within two weeks from the date of
display on the website and at the Bar Associations.
In case the proceeding is barred by law of limitation & the
application for condoning the delay in filing the
proceeding is filed, proceeding will not be treated as
defective being time barred.
The proceeding once filed will not be returned to the
Advocate on Record. The advocate or his registered clerk
will remove the defects within the Court premises at the
place assigned for the same.
(iii)
If the defect and/or deficiency is not removed or cured
within
the
aforesaid
period
of
two
weeks,
such
proceedings will be listed before the designated Joint
Registrar in Lawazima Board with token number, case
type, party name and name of Advocate on Record and
will be displayed on website and on the notice board of
each bar association.
(iv)
The Joint Registrar (Lawazima) may extend the time for
removal of defects/deficiency but not beyond two weeks
from the date of the Lawazima order. In case of defective
stamp reporting the Joint Registrar (Lawazima) may remit
the matter for fresh reporting.
Provided that in case the Advocate on Record raises
dispute in respect of correctness of stamp reporting,
particularly in respect of assessment, demand or
payment of court fees, the matter shall be referred by the
Joint Registrar(J) to the Lawazima Board of the Registrar
General for appropriate orders. Where the Registrar
General is not in a position to adjudicate the Registrar
General will place the matter before the Bench.
(v)
If the defects and/or deficiencies are not removed or
rectified within the time granted by the Lawazima
Board of the Registrar General, the Registrar General
will place the matter before the Bench under the
heading “For orders”.
(vi)
The matter for removal or rectification of defects will be
listed under heading "For Orders" with reference to the
token number.
The concerned Court may grant further time for
removal and/or rectification of the defect.
(vii)
On failure to remove/cure/rectify the defect/deficiency
within the time specified by the Court, on expiry of the
specified time, the proceeding will stand dismissed for
non-prosecution and a regular case number will be
generated.
14
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
After removal of the defects or deficiency, the
proceeding will be registered and a case number will
be assigned.
7.
Proceeding
dismissed
for
non-prosecution
under
this
chapter/preceding rule, will be displayed on the Patna High Court
website and also on the notice board of each bar association, on
the first Monday of every month. In case the Court is closed on
first Monday of the month, on the next succeeding working day.
If application for the restoration of proceeding is not made within
the period of limitation specified in the Limitation Act or any other
Act applicable or in absence of any statutory limitation, within 30
days from the date, the proceeding stood dismissed for non
prosecution, the papers will be destroyed after 45 days after the
expiry of limitation or 30 days as the case may be.
Before records are destroyed as above, they shall be electronically
scanned and digitally preserved.
8.
All such proceedings, which are reported defect free or are made
defect free, as aforesaid, shall ordinarily be posted for ‘Admission’
on the following day and if it relates to a pending case it would be
tagged with its case records.
Provided that interlocutory applications filed in any case which is
already posted before the Court, would be tagged with the case
records and upon urgency being shown to the satisfaction of the
Court, would then be listed as per orders of the Court for its
consideration.
-------------------------------------------------------------------------------------
File No. – X-04-2013 (Administrative Rules)
Dated : …………………2014
By Order of the Court,
Sd./Illegible,
Registrar General.
15
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
Appendix A(i)
IN THE HIGH COURT OF JUDICATURE AT PATNA
PRESENTATION FORM FOR CIVIL MATTERS
Columns in dark to be filled in by the registry
Petitioner’s/Appellant’s/Applicant’s
(Original Party)
Presented With Court Fee Stamp:
_______________________________________
Mobile No., E-mail ID & Address (with pin code)
Advocate’s Name Code
Versus
Respondent/s Opponent/s (Original Party)
_______________________________________
Mobile No., E-mail ID & Address (with pin code)
Advocate’s Name Code
Particulars of the Court / Authority below Code
Case Type
Number
Year
Date of impugned decision/order
Particulars of the Court / Authority Code
of first instance
Case Type
Number
Year
Date of decision / order of Court /
Authority of first instance
In case of group, particulars of lead/other matter/s:-
Advanced Copy Served to Otherside/Caveator /GP
Case Title
Code
Token No.
Case No.
Filed
Under
Sections
District
Code
Before Single Judge / Division Bench / Spl. Bench
Subject Matter
Code
Act Code
On the Memo
Rs.
On the Vakalatnama
Rs.
On the Certified Copies
Rs.
On the Affidavit
Rs.
Total Rs.
Total (in Words) Rupees
Advocates’ Welfare Fund Stamp
Rs.
Presented for
Presented by____________(Sign.)
( ) Name
This day of 20
Received By
Entries
Made By
Checked By
Received additional Court Fee
Stamp of Rs.
Total (in words) Rupees
This day of 20
Received
Clerk
Date :
Advocate:
16
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
Appendix A(ii)
IN THE HIGH COURT OF JUDICATURE AT PATNA
PRESENTATION FORM FOR CRIMINAL MATTERS
Columns in dark to be filled in by the registry
Petitioner’s/Appellant’s/Applicant’s
(Original Party)
Presented With Court Fee Stamp:
_______________________________________
Mobile No., E-mail ID & Address (with pin code)
Advocate’s Name Code
Versus
Respondent/s Opponent’s (Original Party)
_______________________________________
Mobile No., E-mail ID & Address (with pin code)
Advocate’s Name Code
Particulars of the Court below Code
Case Type
Number
Year
Date of impugned decision/order
Particulars of the Court below Code
Case Type
Number
Year
Date of decision / order of Court of
first instance
Police Station’s Name Code
FIR Number / Date
Complain Case Number
In case of group, particulars of lead/other matter/s:-
Advanced Copy Served to Otherside/P.P
Case Title
Code
Token No.
Case No.
Filed
Under
Sections
District
Code
Before Single Judge / Division Bench / Spl. Bench
Subject Matter
Code
Act Code
On the Memo
Rs.
On the Vakalatnama
Rs.
On the Certified Copies
Rs.
On the Affidavit
Rs.
Total Rs.
Total (in Words) Rupees
Advocates’ Welfare Fund Stamp
Rs.
Presented for
Presented by____________(Sign.)
( ) Name
This day of 20
Received By
Entries
Made By
Checked By
Received additional Court Fee
Stamp of Rs.
Total (in words) Rupees
This day of 20
Received
Clerk
Date :
Advocate:
17
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
Appendix – ‘B’
FORMAT OF REPORT FOR STAMP REPORTING
Name of the Section Officer
:
Date of Reporting
:
Proceeding /
Case Type
Token
Number
Date of
Filing
Reason for
non
examination
Name of the
Stamp
Reporter
Signature and Computer generated
stamp of the Section Officer
18
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
ADDENDA AND CORRIGENDA
TO
PATNA HIGH COURT RULES, 1916
(Fifth Edition)
C.S. No. – 140
Existing format of Schedule V-9 of Patna High Court Rules, 1916
regarding Goswara/Talwana be substituted as follows with immediate
effect:
Xkkslokjk@ryokuk
(To be printed on both sides of the page)
(iVuk mPp U;k;ky;, vuqlqfp V-9)
mPp U;k;ky; iVuk
(flfoy vihy vf/kdkfjrk)
vihy la[;k ..................
…………………………………..vihykFkhZ
cuke
……………………………………..izR;FkhZ
vthZnkj ……………………..}kjk izLrqr vkosnu ds laca/k esa
lsok esa,
(1)
(2)
(3)
vkidks uksfVl nh tkrh gS fd miZ;qDr vkosnd us bl U;k;ky; esa ,d vkosnu izLrqr fd;k gS ftldh
izfr bls lkFk mifoö gS A vkidks blds }kjk funsZ”k fn;k tkrk gS fd vki fnukad ……………dks
dkj.k fn[kk;s fd mDr vkosnu D;ksa ughs eatqj dj fy;k tk; vFkok U;k;ky; ,slk vLFk vkns”k D;ksa ugha
ikfjr djs tks mfpr le>sA
fuosnu gS fd fnukad ……………dks ……….cts izR;FkhZ ds ldqur@irk ij tkdj ryk”k fd;s A
fnukad ……………
mPp U;k;ky;
lgk;d fuca/kd
mPp U;k;ky; ds vkns”kkuqlkj
19
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
rkfeyk izfrosnu (Service Report)
&
eqykdkr gqbZA uksfVl dkWih ds rF;ksa ls vkxkg fd;kA vkxkg gksdj ,oa le>dj vius uke dh uksfVl
ysdj jlhn cuk fn;kA
vFkok
&
eqykdkr gqbZA uksfVl ysus ls budkj fd;k rc etcqj gksdj ,d izfr uksfVl izR;FkhZ ds ……… :[k
edku ij yVdk fn;k A xokgu ………… us xokgh cuk fn;k ;k xokgh cukus ls budkj
fd;k A
vFkok
&
eqykdkr ugh gqbZA etcqj gksdj ,d izfr uksfVl izR;FkhZ ds ……… :[k edku ij yVdk fn;k A
xokgu ………… us xokgh cuk fn;k ;k xokgh cukus ls budkj fd;k A
vFkok
&
cM-k eqgYyk gksus ds dkj.k irk ugha pyk A etcqju fcuk rkfeyk okil fd;k tkrk gS A
vFkok
&
eqykdkr ugh gqbZA irk pyk fd izR;FkhZ ?kj ls ckgj x;s gSA dc rd ykSVsaxs dksbZ fuf”pr ugh gS A
rc etcqj gksdj fcuk rkfeyk okil fd;k tkrk gS A
vFkok
&
eqykdkr ugh gqbZA izR;kFkhZ dk LFkk;h :i ls LFkkukUrj.k gks pqdk gSA rc etcqj gksdj fcuk rkfeyk
okil fd;k tkrk gSA
vFkok
&
eqykdkr ugha gqbZ A irk pyk fd izR;kFkhZ ………………… dk nsgkUr gks pqdk gS A xokgu
………… xokgh cuk fn;s ;k xokgh cukus ls budkj fd;s A
vFkok
&
eqykdkr ugha gqbZ A izR;kFkhZ ds ifhjokj ds lnL; ………………… ls eqykdkr gqbZ A
mUgksaus izR;kFkhZ ds uke dk uksfVl ysdj jlhn cuk fn;k A
&
vU; fVIi.kh &
xokgks ds gLrk{kj ,oa irk & (1)
(2)
izkIrdrkZ n`kjk ?kks’k.kk
eSa ……… iq=@ iq=h@ firk@ iRuh ;k vU; laca/kh laca/k ……… bl irk ……… ij fn;s x;s
uksfBl dks mudh vksj ls esjs n`kjk izkIr fd;k gS ftls fuf”pr :i ls mUgs lqiqnZ dj nqWxk@ nqWxh A
a
fnukad ……………
?kks’k.kkdrkZ dk gLrk{kj
20
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
izkslsl rkfeykdrkZ@ vkns”kiky dk gLrk{kj
Affirmed
before
me
by
the
above
peon
on
the
…………at…………A.M./P.M
Ukkftj dk gLrk{kj
Comments of Registrar/Judge in charge –
-
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
______________________________
Date :
Signature
__________________________
Registrar/Judge In-charge
District -
-------------------------------------------------------------------------------------------------------
File No. X-04-2014 (Admn. Rules)
Dated : ……..2014
By Order of the Court,
Sd./Illegible,
Registrar General.
21
BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2014
ADDENDA AND CORRIGENDA
TO
PATNA HIGH COURT RULES, 1916
(Fifth Edition)
C.S. No. - 141
In Chapter XII of Patna High Court Rules, 1916 following Rules 3
and 3A be added after Rule 2. The existing Rule 3 be omitted.
Rule 3 and 3A shall come into effect immediately but will be
made compulsorily applicable with effect from 1st January,
2015.
RULE 3
Every pleading shall immediate below the title have endorsed it the
jurisdiction of the Court under which an application has been filed and
below that shall further have endorsed on it :-
(i)
If it is a memorandum of appeal, the words “Criminal Appeal u/s
341 Cr. P.C.”/ “Criminal Appeal (D.B.)”/ “Criminal Appeal (S.J.)”/
“Criminal Appeal (DB) (Against Acquittal)”/ “Criminal Appeal (SJ)
(Against Acquittal)”/ “Criminal Appeal (U/S)”/ “Government
Appeal (D.B.)”/ “Government Appeal (S.J.)”/ “S.L.A. (D.B.)”/
“S.L.A. (S.J.)” as the case may be,
(ii)
If it is an application for revision, the words “Criminal Revision”/
“Criminal Revision (Against Acquittal)”/ “Criminal Revision
(Discharge)/ “Criminal Revision (Juvenile Justice)”,
(iii)
In the case of miscellaneous matters of Criminal Jurisdiction, the
words “Criminal Miscellaneous (Bail)”/ “Criminal Miscellaneous
(Anticipatory
Bail)”/
“Criminal
Miscellaneous
(Quashing)”/
“Criminal Miscellaneous (Restoration)”/ “Criminal Miscellaneous
(Modification)”/ “Criminal Miscellaneous (Transfer)”/ “Criminal
Miscellaneous (Cancellation of Bail)”/ “Criminal Miscellaneous
(Discharge)”,
(iv)
In the case of writ petitions under Articles 226 and/or 227 of the
Constitution
in
respect
of
matters
related
to
Criminal
Jurisdiction, the words “Criminal Writ Jurisdiction”.
RULE 3A
Every such pleading shall also appropriately state :-
(a) the provisions of the Constitution or the Cr. P.C. or any other
Statute under which the application is filed;
(b) the full name, parentage and complete address of each appellant or
applicant or petitioner;
(c) the full name, parentage and complete address of each person who
has been impleaded as opposite party/respondent;
(d) in all matters arising out of a complaint case, the complainant
shall be a necessary opposite party/respondent as the case may
be;
(e) full particulars of the case from which the application arises
including the case number, if any, and the designation of the
court below;
22
BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2014
(f) whether the applicant had earlier approached any Court including
the High Court or the Supreme Court on any previous occasion
for the same or similar relief, and if so, the case number, name of
the Court and result of such previous case/proceeding to be
clearly stated in paragraph two of the application before this
Court;
(g) an application for bail under Section 438 or 439 of Cr. P.C. shall
also state the criminal antecedent of the applicant, if any, and
particulars thereof, in paragraph three of the application before
this Court;
(h) facts of the case in brief;
(i) ground or grounds numbered serially;
(j) the case number and date of the order or judgment aggrieved by or
impugned;
(k) the relief prayed; and
(l) where ever the applicant files and/or annexes a typed copy of any
document, the AOR shall certify at the end of each such
document that it is a true copy of such document;
------------------------------------------------------------------------------------------
File No. – Misc.-08-2014 (Administrative Rules)
Dated : …………………….2014
By Order of the Court,
Sd./Illegible,
Registrar General.
————
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA.
Bihar Gazette (Extra) 965—571+100—Egazette
Website: http://egazette.bih.nic.in