The B
The B
The B
The B
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.
2
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.
3
BIHAR GAZETTE (EXTRA), 16TH JANUARY 2017
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
4
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
5
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