# adjournments should be brought to the notice of the Court when considered necessary

- **Citation:** C.L. No. 123/VII-b-68
- **Court:** Allahabad High Court
- **Decided:** 1948-10-29
- **Case number:** C.L. No. 123/VII-b-68
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/adjournments-should-be-brought-to-the-notice-of-the-court-when-considered-163607
- **Pages:** 2

## Text

351
take legal steps to secure their attendance. At the same time, instances of such
adjournments should be brought to the notice of the Court when considered necessary.
C.L. No. 123/VII-b-68 dated 7th October, 1971
Delay in disposal of cases can be avoided to some extent if summonses are served
well in time and the witnesses turn up on date fixed. A monthly statement showing the
number and percentage of summonses not returned after service, the number of witnesses
who did not turn up and the time of the court wasted due to non - appearance of the
witnesses duly scrutinized by the District Judge should be sent to the Court regularly on
or before the 10th of every month. The time wasted due to non-appearance of witnesses
may also be entered in the daily sitting register.
(7) All the working days, excluding Saturdays if wanted for miscellaneous work,
should be devoted to sessions work whenever it be heavy. Criminal appeals in which
accused persons are in jail may also be heard according to convenience on the days
indicated for sessions work.
C.L. No. 32/VIII-a-14 dated 7th April, 1956
A criminal appeal, in which an advocate practicing in the High Court is expected
to appear, may if the Sessions Judge so wishes be fixed for hearing on a Saturday.
C.L. No. 73/VIII-a-14 dated 12th May, 1971
The instructions contained in G.L. No. 73/VIII-a-14, dated October 29, 1948
regarding fixation of dates for the trial of sessions cases should be strictly followed.
Preference should be given to cases in which death sentence can be awarded. Cases in
which the accused is in jail should be given priority over cases in which accused is on
bail. Proceedings should be well controlled so that cases may be disposed of according to
the time schedule prescribed without granting unnecessary adjournments.
G.L. No 73/VIII-a-14 dated 29th October, 1948 as modified by
G.L. No. 7/VIII-a-14 dated 12th February, 1949 and
C.L. No. 55/VIII-a-14-49 dated 26th August, 1949 and
C.L. No. 80/VIII-a-14 dated 25th November, 1949
(8) Urgent civil work may also be taken up on working days where it is felt that
irreparable loss would otherwise be suffered by a party or where, under the rules or
orders of the Government or the Court, cases are required to be expedited or decided
within a prescribed period.
As far as possible, Divorce, Testamentary and Guardianship cases should be done
on Saturdays along with other miscellaneous work.

(9) For the time an Additional Sessions Judge is posted at the station, very few
sessions trials at the most, two or three a month for each Judge should be transferred to
the file of Assistant Sessions Judges working under the District Judge so that they may be
able to devote the greater part of their time to civil work.
352
 Fridays may be set part for the disposal of criminal appeals, small cause court cases
and old civil cases including old civil appeals by such officers, as have such cases on
their file.
G.L. No. 11/67-3 dated 1st May, 1941
(10) Sessions cases should be heard from day to day until their conclusion,
unless there is an unavoidable breakdown in the case. In order to prevent waste of the
time of court in the event of such a breakdown appellate work may also be fixed on the
same day along with sessions work. By the exercise of care in the fixing of dates,
Sessions Judges should be able to prevent loss of time with the minimum of
inconvenience to parties and their counsel.
C.L. No. 26/IV-28 dated 23rd March, 1949
(11) Civil Judges, Additional Civil Judges and Judges of the Courts of Small
Causes in Agra and the Judges Small Cause Court, Lucknow, are ex officio Assistant
Sessions Judges and, any officer who holds any of the offices mentioned above will
automatically exercise the powers of an Assistant Sessions Judge within the local limits
of the Sessions Division where he is for the time being posted, without the issue of a
fresh notification by Government. But District Judges should, while transferring criminal
work to Judges of the Courts of Small Causes, make sure that the Small Causes Court
work pending on their file does not suffer by reason of the transfer of sessions work to
those officers.
C.L. No. 125/IV-h-14 dated 10th December, 1932

(12) Cases under sections 302 and 396 of the Indian Penal Code and dacoity
cases should be given preference over cases under section 6(1) of the Criminal Law
(Amendment) Act.
C.L. No. 41 /V-g-28 dated 25th April, 1953
(13) Criminal work should, so far as possible, be done by Assistant Sessions
Judges on continuous days, which may be reserved for such work in advance every
month. As criminal work is received by transfer, it should be fixed for disposal on those
days. Some civil cases of a light nature including fresh Munsif's appeals may also be
fixed for hearing on those days so that in case the criminal work is not found to be
sufficient to keep the officer fully occupied on the days reserved for criminal work, he
may not have to sit idle on those days. By adopting this method, civil work will not be
dislocated.
(This does not apply to officers who have been or may be declared unfit for
promotion as Additional District Judges and in the absence of any special orders no
criminal work should be transferred to them for disposal).
C.L. No. 20/VII-h-13-2/53 dated 7th February, 1953
(14) Criminal appeals against decision of Assistant Sessions Judges, which lie to
the Sessions Judge, should not be transferred to junior Additional District Judge but
should be heard by the District and Sessions Judge himself.