# and travelling allowance and other expenses due to him will first be borne by the

- **Citation:** C.L.No.9/VIII-d-9
- **Court:** Allahabad High Court
- **Decided:** 1956-03-26
- **Case number:** C.L.No.9/VIII-d-9
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/and-travelling-allowance-and-other-expenses-due-to-him-will-first-be-borne-by-163873
- **Pages:** 2

## Text

463
and travelling allowance and other expenses due to him will first be borne by the
Government under whom he is serving and subsequently be recovered from the Central
Government or the Government of U.P. according as the court in which the officer is
summoned is situate in a Union Territory or in the State of Uttar Pradesh.
C.L.No.9/VIII-d-9 dated 21st January, 1957

The amounts payable as subsistence allowance or compensation for court
attendance to government servants who are subject to the Payment of Wages Act, 1936,
should be deposited by the courts themselves into the treasury to the credit of the
departments concerned. As such employees of the Government of India Press, Aligarh,
summoned by a court for giving evidence in a case should be issued formal court
attendance certificate and the amount of diet money credited in the accounts of the
Government of India Press, Aligarh, adjustable with the Pay and Accounts Officer,
Ministry of W.H. and S., New Delhi, under the head ―Pay and Accounts Officer
Suspense‖.
 To employees of the Insurance Corporation
C.L.No.66 dated 7th November, 1960

Whenever employees of the Life Insurance Corporation of India are called upon
to give evidence in criminal courts in their private capacity, the travelling expenses and
other allowances admissible to ordinary citizens under the rules should be paid to them
by courts concerned and certificates of attendance should not be issued to such
employees.
(iii)
Accounting of payments
C.L. No. 102/VIIIb-108 dated 1st December, 1959

Monies received for payment to witnesses as diet money and travelling
allowances should not be entered in the public account every day.

Such Monies may be utilized for payment to witnesses as and when required
during the month and only the balance at the end of the month deposited in the public
account.
C.L. No.100/VIII e-52 dated 28th July, 1971

Under rule 8(3) (a) of Appendix I of General Rules (Criminal) diet money is
permissible not only for the days of actual detention in court but also for the time
occupied in the journeys to and from the court and the officer ordering payment of diet
money is authorized to determine the number of days which should be allowed for the
journey to and from the court.
C.L.No.129/X b-2, (J.O.) dated 18th December, 1972
Diet money, etc., relating to the courts of the Chief Judicial Magistrates and
judicial officers* should be paid from the head ―21-Administration of Justice-non-Plan-FCriminal Courts‖**

* NOTE: Now Judicial Magistrates.
** NOTE: Now changed to 2014
464
C.L.No.75/VIII a-53 dated 27th November, 1948
When daily payment is made to a witness entries in Form no. 18 of the General
Rules (Criminal), 1957,*** should be made on the date of his arrival (provided it be a date
fixed for the hearing of the case), whether the case be or be not heard on the date of
arrival.

The entries relating to witnesses who attend court on several dates should not be
made at one and the same place irrespective of the date on which they attend. The entries
should, on the other hand, be made date-wise, but in order that the register may indicate
at a glance whether a witness has or has not appeared in the same case on a previous date
as well, subsequent entries relating to the same witness in column I should be made in red
ink.
C.E.No.88/VIIId-6 dated 25th August, 1970

All criminal courts working under the District Judges must invariably use Form
nos. 18 and 19, General Rules (Criminal) for register of witnesses and payment order
respectively.
C.L.No.3/VIIIa-52 dated 6th January, 1966

According to provisions of rule 169 of the General Rules (Criminal), 1957* the
register of witnesses should be maintained in Form no. 18 by the Reader or an official of
the court and not by the Court Moharrir and the names of all the witnesses, whether
examined or discharged without examination, should be entered therein irrespective of
the payment of allowances and also without taking into consideration that it is police case
or not. In the case of the witnesses to whom the court does not order expenses to be paid,
a line is to be drawn through columns 12 to 20 of the register. It is also added that the
drawal of expenses of the witnesses to be paid in police cases from the account of the
police office and not the Court Nazir in accordance with the instructions contained in
para 3 of the Government Order no. 916/O & M, dated March 26, 1956, does not warrant
a deviation from the procedure indicated in the preceding paragraphs.
(iv)
 Examination of witnesses
C.L.No.179/VIII-h-2 dated 9th November, 1976

The presiding officers should see and ensure that while examining or cross
examining a witness, the counsel should not stand in the vicinity of witness, but at a
distance; and until witness boxes are constructed, the witnesses may be allowed to stand
in the accused's box.
G.L.No.2311/47-1(3) dated 6th August, 1919

The letter noted in the bloc calls attention to the way in which courts allow the
cross-examination of a witness to be carried on to what may be termed ―scandalous
length‖ and the inability or unwillingness of courts to disallow of their own motion,
examination or cross-examination on irrelevant matters. The High Court fears that
judicial officers do not sufficiently examine the record before they enter upon the

*** NOTE: Now 1977 vide notication 504/Vb-13 dated 5.11.1983
* Note : Now 1977 vide notification 504/Vb-13 dated 5.11.1983