# Attention is drawn to general instructions contained in Court's circular letter no

- **Citation:** C.L. No. 152/VIII-b-13
- **Court:** Allahabad High Court
- **Decided:** 1974-09-28
- **Case number:** C.L. No. 152/VIII-b-13
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/attention-is-drawn-to-general-instructions-contained-in-court-s-circular-letter-163734
- **Pages:** 2

## Text

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C.L. No. 152/VIII-b-13 dated 28th September, 1974

Attention is drawn to general instructions contained in Court's circular letter no.
55/VIII-b-13, dated April, 19, 1971, for recording of full evidence and arguments in cases
fixed before the Magistrates for the day. The same should be strictly followed with regard
to summary trials as well. No piece-meal evidence should be recorded in such (summary)
trials.

Attention is also drawn to the second proviso to sub-section (2) of section 309,
Criminal Procedure Code 1973 and explanation No. 2 below the aforesaid section.
Adjournment should, as far as possible, be refused in summary trials also. If, however
adjournment is granted, the party applying for the same should be taxed with costs
sufficient to compensate the other party and his witnesses.
C.L. No. 23/IV-g-64 dated 12th May, 1967

In order to avoid adjournments and to ensure attendance of witnesses on the dates
fixed, adequate time should always be allowed for service of summons on witnesses in
cases under the Prevention of Corruption Act.
C.L. No. 75/VII-b-68 dated 15th May, 1971

Above instruction should be strictly followed by all the courts including the
Magistrate. If necessary urgent reminders by wireless should be issued and it should be
ensured that the messages are transmitted, if possible, six days before the commencement
of the trial to enable the head of department to spare the officer to appear in court on the
date fixed.
C.L. No. 121 dated 25th September, 1971

Presiding Officers should make a note in the daily sitting register about the time
wasted in a case on account of non-appearance of witnesses. (Copy of this C.L. endorsed
also to District Magistrates and Superintendents of Police in the State under C.E. no. 122
of date).
G.L. No. 73/VIII-a-14 dated 29th October, 1948

Part-heard sessions cases should ordinarily be accommodated within the cause list
already fixed and if necessary by adjourning or dislocating temporarily other sessions
cases preferably other than murder cases.

Sessions Judge should be strict in granting adjournment and should ordinarily
record the statements of all the witnesses present.
C.L. No. 42/VIII-b-13 dated 31st March, 1952

With a view to secure speedy disposal of criminal appeals whenever a criminal
appeal has to be adjourned say more than once or twice on account of sessions cases or
some other work, efforts should be made to fix a special date for its hearing so that it may
not have to be adjourned over again for a similar reason.
C.L. No. 49/VII-b-68 dated 3rd April, 1971

To avoid unnecessary adjournments of sessions trials and consequential
appearance of the police witnesses and Magistrates transferred to other stations, affidavits
430
of formal witnesses should be filed along with the charge sheet or before the committing
Magistrate or soon after its committal to the court of session as provided u/s. 296 of the
Code of Criminal Procedure.
No. 73/2007Admn.(G). Allahabad Dated: 13.12.2007
A catena of Circular letters have already been issued by the court noted in the
margin in respect of providing guidelines for
granting adjournments prohibiting adjournments
on flimsy grounds and in old cases but this
malady is still persisting . The Hon'ble Court
has viewed with seriousness the granting of
adjournments in Cases wherein the witnesses
are present in Court even then the Presiding
officers proceed to grant adjournments liberally.
Therefore, in continuation of the Circular letters noted in the margin, I am directed
to say that in all such cases where witnesses are present in a Court the adjournment shall
be granted only for extremely unavoidable reasons.
(ii)
Accommodating lawyers
G.L. No. 41/44-31 dated 25th November, 1930 read with
G.L. No. 3/44-7 dated 29th January, 1938

Although the view taken by the High Court is that the rights of clients and the
convenience of courts take precedence over the convenience of counsel who have
voluntarily assumed political duties, yet it is of opinion that some concession of a very
limited character might reasonably be allowed during the period that the budget is under
discussion and that dates in cases in which legal practitioners who are also members of
the legislative bodies appear may not unnecessarily be fixed during that period if the
court is in no way hampered by this concession.

As regards adjournment of cases, an adjournment may, subject to the discretion of
the presiding officer, be granted if two conditions are satisfied. The first is the personal
assent of the parties and the second that such adjournment will not delay or hamper the
work of the court.
C.L. No. 118/VII b-14 dated 13th November, 1972

Except in very exceptional circumstances the members of the Bar Council, who
seek adjournment of their cases on the ground of attending the meeting of the Bar
Council, may be accommodated to enable them to attend such meeting on the date fixed
therefore.
(iii)
Entries of adjournments
C.L. No. 6 dated 19th August, 1905

When a date has been fixed by the Court for the settlement of issues in or for the
hearing of a suit, all adjournments after the date, for whatever reason they may be made,
must be counted for the purpose of column no. 24 of register in form no. 67 (register of
original suits disposed of) of the General Rules (Civil), 1957. The practice of some courts
1.C.L.No.1 of 1976 dt.14th January,1976.
2.C.L.No. 38/98 dated 20.8.1998.
3.Court's Letter no. 2586/2004
dated 19th February 2004.