# causes delay in the proceedings in the Court

- **Citation:** C.L.No.4174/44
- **Court:** Allahabad High Court
- **Decided:** 1912-12-17
- **Case number:** C.L.No.4174/44
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/causes-delay-in-the-proceedings-in-the-court-162764
- **Pages:** 2

## Text

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to the courts below for necessary corrections. This entails duplication of work and also
causes delay in the proceedings in the Court.

In order to avoid such mistakes in future all the District Judges are requested to
issue necessary instructions to the officials under them to avoid such mistakes.
C.L.No.4174/44 dated 17th December, 1912
The following instructions govern the preparation of copies of judgments and
decrees under order XLI, rule 37 of the Code of Civil Procedure, 1908, namely-
(1)
The work of preparing copies of judgments and decrees under order XLI,
rule 37 of the Civil Procedure Code, shall be performed by one or more
clerks (or copyists) appointed for this purpose.
(2)
The copies shall be prepared in the order in which the decrees are passed.
(3)
It shall be the duty of the Munsarim to see that the register in form No. 32
is properly kept up. He shall examine the register at least once a week to
see how the work is progressing.
 (ii)
Revenue Court findings to form part of Civil Court judgment
C.L.No.98 dated 2nd November, 1957
The findings of the revenue court are often the basis of the decision of the civil
court. The Court has, therefore, decided that the findings of the revenue court should be
treated as a part of the judgment of the civil court and a copy thereof issued along with a
copy of the judgment on payment of the requisite charges.
C.L.No. 105/VIII-b-84 dated 22nd November, 1961
The findings of the revenue court or the earlier findings of the civil court, if any,
should be made a part of the judgment of the civil court by an express order in the
operative part of the judgment.
(iii)
Of documents forming part of election tribunal records
C.L.No. 65/IV-g-66 dated 23rd November, 1954
Copies of documents forming part of records of Election Tribunals constituted to
hear petitions arising out of elections to local bodies may during the pendency of a case
be issued through the Copying Department of the judgeship concerned.
4.
ISSUING FREE COPIES
(i)
of judgments
C.L.No.75/VIII-a-51 dated 3rd December, 1960
The Court has noticed that copies of judgments were supplied to the appellants
even up to 2 years after the orders were passed, in several cases in which appeals were
filed by convicts from jail. This indicates that some courts do not give effect to section
363(1) of the Code of Criminal Procedure and rules 152 and 155 of the General Rules
(Criminal), 1957, which provide that, on the application of the accused, a copy of the
judgment should be given to him without delay, that if a copy is to be delivered to a
prisoner it should be dispatched to the jail at once and that if the order for issue of the
copy cannot be completed or complied with by reason of the record being in the appellate
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court or in any other court, it should be sent to the court concerned for completion or
compliance forthwith.

All subordinate criminal courts shall, therefore, strictly follow the provisions of
section 363(1) of Criminal Procedure Code and rules 152 and 155 of the General Rules
(Criminal) 1957* so that delay may not occur in the issue of copies to the accused in
future.
C.L.No. 23/VII-b-35 dated 28th February, 1961
An accused sentenced to imprisonment should be supplied, free of cost and
without delay, a copy of the finding and sentence. The convicted person should not be
given a copy of the complete judgment but only a copy of that part of the judgment
which gives the finding and the sentence.
C.L.No. 128/IX-f-69 Admn.(G) dated 20th November, 1978
Rules 146 and 152 of the General Rules (Criminal) provide for preparation and
delivery of copies of judgments on receipt of application for copies from the prisoner
from jail. In view of the mandatory requirement of sub-section (1) of section 363 of the
Code of Criminal procedure, 1973 for giving a free copy of the judgment to the accused
when sentenced to jail imprisonment, immediately after the pronouncement of the
judgment, and the directions of the Supreme Court in Special leave Petition (Criminal)
No. 408 of 1978 (Madhav Rayawadanrao Hoskot v. State of Maharashtra)** decided on
17th August, 1978 that ―Courts shall forthwith furnish a free transcript of the judgment
when sentencing a person to prison terms‖, it is necessary that such copies whether from
appellate, revisional or other courts, should be quickly dispatched to the jail authorities
for delivery to the prisoner.
(ii)
Issuance of copy of judgment dated 10.1.2001 of the Hon'ble Court passed in
Civil Misc. writ Petition No. 51928/2000.
C.L.No.5/2001 dated 22nd January, 2001
While disposing of the Writ Petition No 51928 of 2000-constable C.P. 117-Yad
Ali and others Vs. Supdt. Of Police, Chandauli and another, Hon'ble
O.P. Garg , Judge, High Court, Allahabad has been pleased to direct that a copy of the
judgment dated 10.1.2001 rendered in the Writ Petition No. 51928/2000 aforesaid be sent
to all the District Magistrate/ Supdt. Of Police/ Supdt. Of Police of the State including
the chief Secretary, Govt. of U.P.

I am, therefore, to send herewith a copy of the judgment dated 10.1.2001,
aforesaid for information and necessary action.
(for judgment See 2001(1) A.W.C. 578)
(iii)
Issuance of certified copies of the judgments.
C.L.No.20/2002/Ve-65 dated 3rd July, 2002
I am directed to request you to kindly ensure that strict compliance of the Court's
Circular Letters No. 59/ve-65 dated 22nd September, 1950.C.L. No. 56 dated 24th
September, 1963 C.L. No. 80/ve-65dated 2.11.1985 C.L. No. 41/ve-65 dated 6th May,

* Now 1977, vide notification no. 504/V-b-13, dated 5th November, 1983
** Reported in AIR 1978 SC 1548