# Appellate judgments to be sent to lower courts

- **Citation:** C.L.No.60/IV
- **Court:** Allahabad High Court
- **Decided:** 1977-03-22
- **Case number:** C.L.No.60/IV
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/appellate-judgments-to-be-sent-to-lower-courts-163937
- **Pages:** 2

## Text

479
C.L.No.60/IV h-36 dated 22nd March, 1977

The appellate courts judgments should contain summary of the points, which have
been argued, and the findings thereon and also mention that no other point has been urged
before them.
(v)
Appellate judgments to be sent to lower courts
C.L.No.297/44-5 dated 23rd January, 1913

With reference to Order XLI, rule 37 of the Code of Civil Procedure, certified
copies of the judgment and the decree should be sent to the court, which passed the
decree, but the record should ordinarily go to the record-room. The court, which passed
the decree, shall after considering the judgment and the decree send them to the recordkeeper to be filed.

Following the same procedure, this court will send the record to the District Judge
to be deposited in the record room and certified copies of the judgment and the decree to
the court, which passed the decree.
C..L.No.137/VIII g-34 dated 24th August, 1976
If the records of cases are received in the subordinate courts without copy of
judgment or order of the court and copy of the decree is not sent within a reasonable time
from the court, the matter should be brought to the notice of the Registrar of the Court by
name.
C.L.No.113/VIII-b-236 dated 15th/17th November, 1951

The register in Form no. 32, General Rules (Civil), 1957 should be maintained in
the prescribed form and copies of appellate judgment and decrees should be certified to
the trial court concerned within fourteen days of the delivery of judgment or the signing
of the decree as the case may be.
C.L.No.99/VIII-b-236 dated 13th September, 1972
Copies of appellate judgment should invariably be sent to the officers concerned
for their perusal so that the officer may know whether any appeal was preferred against
his decision and, if so, with what result.
G.L.No. 2395 dated 25th June, 1925
Owing to the transfer of judicial officers, it frequently happens that such officers
never see the judgment of the appellate court in cases decided by them and do not even
know the result of appeals from their decisions. Therefore, where the officer who decided
a case has been transferred to another district, the copy of the appellate judgment which is
sent down to the court below under Order XLI rule 37, of the Code of Civil Procedure
shall be sent for perusal of the officer who decided the case before being filed with the
record. This will only involve a delay of a few days and will save the necessity of
preparing a fresh copy. Where the appellate judgment is one requiring immediate action,
e.g., in the case of a remand, necessary notices will issue before the judgment is sent to
the officer concerned. It will also be open to District Judge in any particular case to have
an extra copy prepared and sent to such officer instead of the copy received from the
appellate court. These orders will apply to all appellate judgments whether passed by this
480
Court or by a District or Civil Judge. The copy will be sent through the District Judge
under whom the officer may be serving at the time.
C.L.No.47/VIII-233 dated 4th April, 1952
A register in the form appended to the letter noted in the bloc should be
maintained in all appellate criminal courts. The Munsarim should occasionally check this
register to ensure that copies of judgments are actually certified to trial courts without
avoidable delay.
(vi)
In Panchayat revisions
G.L.No.2/VIII-f-110 dated 4th February, 1952

Magistrates should attach sufficient importance to a thorough sifting of the points
urged before them in the revisions filed on behalf of persons affected by orders of the
Panchayati Adalat. In the interest of the successful working of the Panchayati Adalats, it
is essential that they should give more detailed reasons in their orders or judgments. If
they were to take pains over their judgments or orders the work of the High Court, too,
would be facilitated.
C.L.No.49/VI-f-111 dated 4th June, 1965

A full copy of the order of transfer passed under section 85 of the Panchayati Raj
Act should invariably be sent to the Nyaya Panchayat concerned for its benefit.
(vii)
 Correct citations
C.L.No.36/IV-h-35 dated 11th April, 1956 read with
C.L.No.105/IVh-35 dated 3rd December, 1956

Judicial Officers should give correct citations of reported cases in their judgments.
The proper way to do this is to state the names of parties first followed by the citation
within brackets as indicated below:

―[State of Bombay v. United Motors; (1955) S.C.R. 1069]‖
(viii) Aspersions against witnesses
G.L.No. 13/67-4 dated 4th April, 1932

The character of a witness is at times assailed and aspersions made against him by
courts in their judgments without allowing an opportunity to the witnesses concerned to
meet and explain what is in the judge's mind against him. The courts at times mislead
themselves by omitting to ask witnesses questions on what they deem to be matters of
importance and then make observations on such matters in the judgment. It is the duty of
a judge not to leave such questions in the air and then introduce them suddenly into his
judgment.

Relevant extracts from certain judgments bearing on this matter will be found
attached to the General Letter.