# appointed in the district under the Provincial Insolvency Act to appointment as a

- **Citation:** C.L. No. 111/R
- **Court:** Allahabad High Court
- **Decided:** 2004-09-16
- **Case number:** C.L. No. 111/R
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/appointed-in-the-district-under-the-provincial-insolvency-act-to-appointment-as-163270
- **Pages:** 2

## Text

207

Subordinate courts should, therefore, consider the claims of an Official Receiver
appointed in the district under the Provincial Insolvency Act to appointment as a
Receiver under Order XL of Civil Procedure Code.
C.L. No. 111/R dated 14th November, 1951

Official Receivers are not exempt from personal appearance before the District
Registrar or the Sub-Registrar.
(xvi) Award of compensation on reference U/S 18 of the Land Acquisition Act on
the basis of square foot, square yard or square meter in respect of large
tracts of Agricultural land.
C.L No.20 dated 26 April, 1996
It has come to the notice of the Hon'ble court that the subordinate court while
deciding the references under section 18 of the Land Acquisition Act awards
compensation on the basis of square foot, square yard or square meter even in cases in
which large tracts of agricultural land in Acres or Bighas has been acquired. Such orders
are wrong in principle of law particularly when large extent of land are sought to be
acquired for public purposes.
The attention of the Judicial Officers is drawn to the decision of the Hon'ble Apex
Court reported in A 1 R 1996 SC 531 and JT 1996 (2) SC 37.
I am, therefore, to request you to draw the attention of all the Judicial Officers
posted in Judgeship to follow the principle laid down by the Apex Court in the aforesaid
two cases as referred above while disposing the cases relating to reference under section
18 of the Land Acquisition Act.
(xvii)

2-
208
(xviii) Disposal of applications for Succession certificates, grant of probate, grant of
Letters of Administration.
C.L. No. 17/VIIIb-37/Admn. G-2, dated 29th March, 1993

It has been brought to the notice of the Court that even uncontested applications
for succession certificate, grant of probate, grant of Letters of Administration remain
pending for months together and in some cases for years together. Sometimes they are
adjourned on account of the fact that there is boycott of of courts by the lawyers. This is
not a happy state of affair.

I am, therefore, directed to say that all the Presiding Officers under you be
informed that on such applications, if the petitioner is present, his statement should be
recorded by the Presiding Officer and the petition be disposed. He should also ensure that
uncontested cases do not remain pending for a long period.
(xix) Disposal of Election Petitions
C.L. No.21/ dated 26th April, 1996
I am directed to draw your attention to the fact that large numbers of Election
Petitions filed in the District Courts are pending and the Courts are not deciding these
petitions expeditiously. Delay in disposal of these Election Petitions is a matter of grave
concern.
The Court has desired that these petitions may be disposed of as early as possible.
I am, therefore, to request you kindly to direct the Court concerned in the
Judgeship to decide the Election Petitions expeditiously and report the compliance to the
Hon'ble Court.
(xx)
Disposal of Matrimonial Cases
C.L. No. 23/VIIh-44/Admn.(E) dated 1st March, 1994
I am directed to say that it was pointed out by the Chairman of U.P. Legal Aid
and Advice Board that institution of matrimonial cases is on increasing trend. Hence
speedy disposal of such cases is necessary whether these cases are decided on merit or by
making efforts for reconciliation. On his suggestion the matter was considered by the
Court and the Court has arrived at the conclusion that matrimonial cases are required to
be disposed of with more speed.
I am, therefore, to request you kindly to issue necessary instructions to all the
courts subordinate to you dealing with matrimonial cases, to make efforts to dispose of
these cases expeditiously.
(xxi) To observe caution while accepting insanity certificates in divorce
proceedings
C.L. No. 6/2005 Dated 5th February, 2005
I am directed to send herewith a copy of D.O. Letter No.CP/VIP/NCW3229,
dated September 16, 2004 of Dr. Poornima Advani, chairperson, National Commission
for Women, New Delhi along with a copy of the Investigation Report dated July 10,2004
for your information.