# As the deposits in respect of all election petitions of Parliamentary and Assembly

- **Citation:** C.L. No. 67/III-3
- **Court:** Allahabad High Court
- **Decided:** 1958-07-12
- **Case number:** C.L. No. 67/III-3
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/as-the-deposits-in-respect-of-all-election-petitions-of-parliamentary-and-162669
- **Pages:** 2

## Text

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As the deposits in respect of all election petitions of Parliamentary and Assembly
Constituencies will be made in favour of the Secretary, Election Commission, and the
refund will also be allowed by him in accordance with the recommendations of the
Election Tribunals the deposits in respect of State Assembly election petitions also should
be made under the Central head mentioned above.
(iii)
Registration fees paid by Lawyer's clerks
C.L. No. 67/III-3 dated 12 July, 1958 as amended by
C.L. No. 78/III-d-3 dated 7th August, 1958
The registration fee of Re. 1 realized from lawyers' clerks under rule 609 of
Chapter XXV of General Rules (Civil), 1957 Volume I, should be collected in case and
deposited in the treasury under sub-head ―Miscellaneous- Civil‖ under the main head
―XXI- Administration of Justice.‖ (Now 0070 Administration of Justice).
(iv)
Sale proceeds of stationery boxes
C.L. No. 1 dated 9th July, 1902
The sale proceeds of stationery boxes should be entered in column 13 of the From
No. 42, General Rules (Civil), 1957.
(v)
Security by public Accountant
C.L. No. 1/J dated 22nd November, 1904
Whenever any cash is deposited as security by a Public Accountant in the Office
of a District Judge the money should be invested in Government promissory notes, small
sums being deposited in the Post Office Savings Bank and the passbook forwarded to the
Treasury Officer for safe custody.

Any case in which the public accountant objects to his cash security being dealt
within the manner suggested above should be reported to the High Court for orders.
(vi)
Dues of Registrars of Companies
C.L. No. 168/VII-f-21 dated 21st November, 1974
For expeditious realisation of costs by the Registrar of Companies awarded under section
626 of the Companies Act, 1956, the fine clerk of the court concerned should realize the
cost along with the fines from the accused persons and deposit the same in the treasury
by a treasury challan which should be passed on to the office of the Registrar of
Companies under appropriate head of account.
Where on appeal the fine is reduced, and/or waived by the court, the accused
should obtain refund of the amount due from the Registrar of Companies direct.
(vii)
Deposit of securities by contractors
C.L. No. 30/Xb-53 dated 15th March, 1980
Invites attention towards G.O. No. B-N.S-4148/Ten-32-56, dated 6th September,
1972 and G.O. No. 7191/Prachar-32-56, dated 2nd October, 1979 regarding deposit of
securities in the courts by contractors and employees etc., in the shape of National
Savings Certificates.
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All the District Judges are requested to comply with the provisions of the said
G.Os. as far as possible.
(viii) Transactions between court and treasury
C.L. No. 3451/94-5(1) dated 24th August, 1922

When money is received by the Nazir in notes, full particulars of such notes
should be entered in a register to be opened for the purpose. The notes and cash to be
sent to the treasury should be put in a bag, which should be sealed in the presence of the
peon, or peons taking the remittance, and a list of the notes should be sent along with the
bag to the treasury. Notes should never be sent to the treasury in halves.

If the amount to be sent to the treasury is above Rs. 200, two peons should be
deputed to take the bag.
C.L. No. 673 dated 24th February, 1923

The Court has prescribed the following procedure in order to prevent possible
delivery of cash box by the treasury to an unauthorized person:

Where the treasury or sub-treasury is in the same compound as the civil court, the
Nazir or one of his assistants should himself give or take delivery of box.

When the treasury is at a distance, care should be taken that only a trustworthy
peon is allowed to take or fetch the box, and the messenger sent should be given a receipt
signed in full by the Nazir and not merely initialed by him.
G.L. No. 3410/94-1(14) dated 26th October, 1923
In stations where a messenger has to be sent to procure the box from the treasury,
it should be arranged that the name of the peon is communicated to the treasury and his
personal appearance made known to the treasury officials concerned.
(ix)
Additional cash box of Nazir
C.L. No. 93/20-C dated 15th September, 1963
Note I to Para 36 of the Financial Handbook, Volume V, Part I, requires that the
cash box of the Central Nazir or Nazirs of civil court has to be deposited for safe custody
in the strong room of a Treasury or Sub-Treasury and that it is only when the District
Judge has exercised the option provided for in Para 38-A Financial Handbook Volume
V, Part I, that the cash box can be kept in the Single Lock Room of a Treasury. All
District Judges should, therefore, make sure that the cash boxes of their courts as also
those of any outlying court in their judgeships are always deposited for safe custody in
the strong room unless they exercise the option vested in them under Para 38-A,
Financial Handbook, Volume V. Where such option has been exercised, it should be
communicated to the Treasury Officer in writing.
(x)
Responsibility for loss occasioned in Nazarat
C.L. No. 14/94-1(13) dated 8th June, 1931
It is obligatory on Nazirs to carry out the directions contained in rule 351 of
Chapter XII of the General Rule (Civil), 1957. Any loss occasioned owing to a breach of
this rule will be seriously punished.