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EX

PUBLI

(NO.PATNA 47) PATN

ADDENDA AND CORRIGEN

File No.X-09-2016-16(

Chapter II of the Patna High

Powers of Benches and of the

REGISTERED

Bihar Gazett

Bihar Gazett

Bihar Gazett

Bihar Gazett

XTRA ORDINARY

SHED BY AUTHORITY

26 PAUSA 1938(S)

NA, MONDAY, 16TH JANUARY 2017

PATNA HIGH COURT

————

NOTIFICATION

The 13th January 2017

NDA TO PATNA HIGH COURT RULES, 1916 (

C.S. No.161

(R)—The amendment as at Annexure-X is made i

h Court Rules, 1916 regarding “Constitution of

Registrar” with immediate effect.

By Order of the C

PRAKASH CHANDRA

Registrar Gene

NO. PT.-40

tetetete

(Fifth Edition)

in the existing

Benches and

Court,

A JAISWAL,

eral.

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BIHAR GAZETTE (EXTRA) 16TH JANUARY 2017

Annexure ‘X’

Existing Provisions

Amended Provisions

1. The following matters may be heard and

disposed of by a Single Judge:-

(i)(a) A First Appeal from an order and any

Cross-objection therein, irrespective of

the date of institution of such appeal or

Cross-objection.

(b) An Appeal from an original decree

arising out of a suit and any Cross-

objection therein irrespective of the date

of institution of such Appeal or Cross-

objection.

(ii) A second appeal from a decree or order

and

any

cross-objection

therein

irrespective of the value of the Appeal

or Cross-objection and irrespective of

the date on which such Appeal or Cross-

objection was instituted.

(iii) [omitted]

(iv) [omitted]

(v) [omitted]

(vi) [omitted]

(vii) A motion to admit an application and an

application when admitted:

(a) for an order under Section 22 or

Section 23 of the Code of Civil

Procedure or for an order under

Section 24 of the same Code for the

transfer of a case from one Civil

Subordinate Court to another;

(b) [Omitted].

(c) under Section 115 of the Code of

Civil Procedure or under Section 25

of the Provincial Small Cause

Courts Act, irrespective of valuation

and the date of filing of such

application.

(d) Under Order XLIV Rule 1 of the

Code of Civil Procedure arising out

of an appellate decree.

(viii) [omitted]

(ix) [omitted]

(x) A suit coming before the Court in the

exercise of its ordinary or extraordinary

original civil jurisdiction.

(xi) A proceeding under the Indian

Companies Act, the Indian Trusts Act or

the Indian Patents and Designs Act.

(xii) [omitted]

(xiii) Any other application-

(a) which under these rules may be

made to a Judge sitting alone;

Rule 1 & 2 to be substituted with the

following:-

1. The following matters may be heard and

disposed of by a Single Judge:-

(i)(a) An Appeal from an order and any Cross-

objection therein, irrespective of the date

of institution of such appeal or Cross-

objection.

(b) An Appeal from an original decree arising

out of a suit and any Cross-objection

therein irrespective of the date of

institution of such Appeal or Cross-

objection.

(ii) A second appeal from a decree or order

and

any

cross-objection

therein

irrespective of the value of the Appeal or

Cross-objection and irrespective of the

date on which such Appeal or Cross-

objection was instituted.

(iii) A motion to admit an application and an

application when admitted:

(a) for an order under Section 22 or Section

23 of the Code of Civil Procedure or for

an order under Section 24 of the same

Code for the transfer of a case from one

Civil Subordinate Court to another;

(b) under Section 115 of the Code of Civil

Procedure or under Section 25 of the

Provincial Small Cause Courts Act,

irrespective of valuation and the date of

filing of such application.

(c) Under Order XLIV Rule 1 of the Code

of Civil Procedure arising out of an

appellate decree.

(iv) A suit coming before the Court in the

exercise of its ordinary or extraordinary

original civil jurisdiction.

(v) A proceeding under the Indian Companies

Act, the Indian Trusts Act or the Indian

Patents and Designs Act.

(vi) Any other application-

(d) which under these rules may be

made to a Judge sitting alone;

(e) which under these rules is not

expressly required to be made to a

Bench of two or more Judges or to

the Registrar;

(f) which is made in any matter within

the jurisdiction of a Judge sitting

alone and which is not otherwise

expressly provided for.

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Existing Provisions

Amended Provisions

(b) which under these rules is not

expressly required to be made to a

Bench of two or more Judges or to

the Registrar;

(c) which is made in any matter within

the jurisdiction of a Judge sitting

alone and which is not otherwise

expressly provided for.

(xiv) A case coming before the court in the

exercise of its ordinary or extra-

ordinary

original

criminal

jurisdiction, except the cases under

Section 15 of the Contempt of Courts

Act, 1971.

(xv) An appeal, application or reference

under

the

Code

of

Criminal

Procedure, other than-

(a) an appeal or reference in a case

in which a sentence of death or of

transportation for life has been

passed.

(b) An appeal under Section 378

from

an

order

of

acquittal

relating to an offence punishable

with death or with imprisonment

for life or with imprisonment of

either description for more than

ten years and passed by a court

competent to pass such sentence:

Provided that appeals under

Section 378 pending in the High

Court on the date this rule comes

into force shall be heard and

disposed of in accordance with

the rule as now amended;

(c) an appeal under Section 377 or a

case in which notice has been

issued under Section 401 to an

accused to show cause why the

sentence should not be enhanced;

(d) an appeal, revision or reference

in which a substantive sentence of

more

than

ten

years’

imprisonment has been passed:

Provided that all appeals,

revisions, or references, pending

in the High Court on the date this

rule comes into force shall be

disposed of in accordance with

the rules as now amended.”

(vii) An appeal, application or reference under

the Code of Criminal Procedure, other

than mentioned in Rule 2.

(viii) All applications under Articles 226 and/

or 227 of the Constitution of India shall

be placed for admission and hearing

before a single Judge except those

mentioned in Rule 2.

(ix) All other appeals under any Statute shall

be placed for admission and hearing

before the Single Judge except in case,

where appeal is to be placed for

admission

and

hearing

before

the

Division Bench in terms of any Statute.

(x) Unless otherwise directed by Bench, all

applications shall be placed for hearing

before a single Judge, except cases which

are admitted to hearing before a Division

Bench or referred to hearing before a

Division Bench by a Single Judge at the

time of admission or hearing.

(xi)

Contempt

petitions

(Miscellaneous

Jurisdiction case) in respect of the

matters in this clause, irrespective of

appeal preferred and decided against the

orders passed.

(xii) The Chief Justice may direct any writ

application or any other matter to be

posted before a Bench of two or more

Judges.

2. The business of the Supreme Court shall be

laid before the Bench presided over by the

Chief Justice unless he shall otherwise

2. Matters which shall be listed before the

Division Bench

(a) An appeal or reference in a case in

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BIHAR GAZETTE (EXTRA) 16TH JANUARY 2017

Existing Provisions

Amended Provisions

direct.

which a sentence of death has been

passed.

(b) an appeal, revision or reference in which

a substantive sentence of more than ten

years’ imprisonment has been passed:

(c) An appeal under Section 378 from an

order of acquittal relating to an offence

punishable

with

death

or

with

imprisonment

for

life

or

with

imprisonment of either description for

more than ten years and passed by a

court competent to pass such sentence:

(d) an appeal under Section 377 or a case in

which notice has been issued under

Section 401 to an accused to show cause

why the sentence should not be

enhanced;

(e) all applications under Articles 226 for

issuance of writs of habeas corpus and

for issuance of writs in cases of,

externment from one State to another;

deportation; validity of statutes and

public interest litigation,

(f) Letters Patent Appeals under Clause X

of the Letters Patent or the Appeals

under the Companies Act, 1956 from the

orders of the Company Judge.

(g) All

direct

and

indirect

tax

writ

applications and appeals or references,

(h) Writ applications directed against the

orders passed by Central Administrative

Tribunal, Armed Forces Tribunal,

(i) Appeals arising out of orders passed

under the Family Courts Act, Divorce

Act; Special Marriage Act

(j) A case coming before the court in the

exercise of its ordinary or extra-

ordinary original criminal jurisdiction,

including the cases under Section 15 of

the Contempt of Courts Act, 1971.

(k) Writ petitions relating to Judicial

officers and judicial service,

(l) Appeals under the Commercial Courts

and

Commercial

Divisions

and

Commercial Appellate Division of the

High Courts Act 2015.

(m) All Contempt Petitions (Miscellaneous

Jurisdiction case) in respect of any of

the matters arising out of the above

matter.

3. A proceeding of the kind referred to in rule

1(xi) of this Chapter may, in the discretion

of the Bench hearing the same, be heard

3. A proceeding of the kind referred to in rule

1(xi) of this Chapter may, in the discretion

of the Bench hearing the same, be heard

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BIHAR GAZETTE (EXTRA), 16TH JANUARY 2017

Existing Provisions

Amended Provisions

either in Court or in Chambers as it may

direct. An ex parte motion or application

entertainable by a single Judge may be

made in Court or in Chambers as the Judge

may direct. An urgent application may be

made to the Vacation Judge in Court or

otherwise as he may direct. Every other

appeal, motion or application except one

entertainable by the Registrar, Deputy

Registrar or Assistant Registrar shall be

presented or made in open Court.

either in Court or in Chambers as it may

direct. An ex parte motion or application

entertainable by a single Judge may be

made in Court or in Chambers as the Judge

may direct. An urgent application may be

made to the Vacation Judge in Court or

otherwise as he may direct. Every other

appeal, motion or application except one

entertainable by the Registrar, Joint

Registrar or Assistant Registrar shall be

presented with the Central Filing Window.

7. References under the Indian Divorce Act,

1860 (IV of 1860), and under Section 60 of

the Indian Stamp Act, 1899 (II of 1899),

must be placed before a Bench of three

Judges.

7. References under the Indian Divorce Act,

1860 (IV of 1860), and under Section 60 of

the Indian Stamp Act, 1899 (II of 1899),

must be placed before a Bench of two

Judges.

9. A point of law reserved under the provisions

of Clause 18 of the Letters Patent shall be

heard by a Bench of three Judges.

9. A point of law reserved under the provisions

of Clause 18 of the Letters Patent shall be

heard by a Bench of three or two Judges as

the Chief Justice may decide.

10. Save as provided by law or by these rules or

by an order of the Chief Justice every other

case shall be heard by a Bench of two

Judges.

10. Save as provided by law or by these rules

or by an order of the Chief Justice every

other case shall be heard by a Single Judge.

Part V

Chapter XXI-C

4. All writ applications be placed before

Division Bench for admission and for their

hearing by Single Bench (Judge) unless

the Division Bench admitting the writ

application at the time of admission, orders

for its being heard by a Division Bench or

a Single Judge, at the time of hearing,

refers it to the Division Bench.

Part V

Chapter XXI-C

4. All writ applications under Articles 226 and/

or 227 of the Constitution of India shall be

placed for admission and hearing in terms

of Chapter-II of the Patna High Court

Rules.

By Order of the Court,

PRAKASH CHANDRA JAISWAL,

Registrar General.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 47—571+100—Egazette

Website: http://egazette.bih.nic.in