# directions of Hon'ble Court in letter and spirit

- **Citation:** C.L. No. 24/VIII-108
- **Court:** Allahabad High Court
- **Decided:** 2000-08-18
- **Case number:** C.L. No. 24/VIII-108
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/directions-of-hon-ble-court-in-letter-and-spirit-163364
- **Pages:** 2

## Text

243
Transfer of such work to additional Courts would be permissible only in the unavoidable
circumstances.
 Therefore, I am directed to request you to kindly to ensure compliance of the above
directions of Hon'ble Court in letter and spirit .
5.
RELEASE OF MOTOR VEHICLES
C.L. No. 24/VIII-108 Admn.(G), dated 30th April, 1988

The District Judge should ensure that in Motor Accident claim cases, the courts,
as far as possible make Photostat copies of driving licence, registration certificate and the
insurance certificate before releasing the vehicle involved in the accident and place them
on the record of the case.
Embossing Seal of the Court
C. L. No. 3/2007 : Dated : 20th February , 2007
While enclosing herewith a copy of order and judgement dated 29.1.2007 passed
by the Hon'ble Court in Criminal Misc. Bail Application NO.1031 of 2007 - Bechan
Prasad S/o Late Pati Ram Vs. State of U.P., I am directed to say that the High Court of
Judicature at Allahabad vide Circular Letter No. 41/IX e-7 (Admin. 'F'/Allahabad dated
August 18, 2000 had introduced embossing seal placed at the blue sticker affixed on
certified copy of the order/judgment prepared by the Copying Department of the Court
with the directions to the District Judges that the certified copy/judgement issued on or
after 01.09.2000 bearing the eT1bossing seal at the blue colour sticker be given
recognition. But me Hon'ble Court has noticed with concern that the directions in this
respect are not being followed in letter and spirit that no notice of such orders without
having embossing seal of the High Court be taken.
I am, therefore, directed to request you to kindly ensure strict compliance of the
direction as contained in the circular letter and bring its contents to the notice of all the
Judicial Officers under your supervision and control in Judgeship for their guidance and
strict compliance.
C. L. No. 33/2007 : Dated 29th August, 2007
While deciding the First Appeal From Order No.2087 of 2007 United India
Insurance Company Ltd. Vs. Krishna Kumar and Others, Hon'ble Court has been pleased
to record that experience has shown that in most of the cases one line order is being
passed by the learned Judges of the Motor Accident Claims Tribunal accepting or
rejecting the application under Section 170 of the Act without giving any reason. It has
been observed by the Hon'ble Supreme Court in 2003 {7) SCC 212 (United India
Insurance Co. Ltd. Vs. Jyotsnaben Sudhirbhai Patel) that there is mandate in such section
to give minimum possible reason's to accept or reject such application. Therefore an
specific direction is required to be issued to all the District courts to comply with the
requirement or Section 170 of the Motor Vehicle Act, 1988
Therefore, enclosing herewith a copy of the above judgement and order of the
Hon'ble Court, I am to request you to kindly bring to the notice of all the Presiding
Officer of the Motor Accident Claims Tribunal under your administrative control the
above mandate of the Hon'ble Court for strict compliance.
244
Auction of the old condemned Government vehicles
C.L. No. 8/Admin. (B-11) Section: Dated 18.03.2010

I am directed to invite your kind attention to the G.O. No. 1914/30-4-2002-38/90,
dated 5th August, 2002, on the above subject and to say that the Government order
provides for a 3-Member Committee to be appointed at the District level which is to
make arrangement for Auction of the old condemned Government vehicles.

I am further to say that since there is already a Government Order for disposal of
such vehicles, the procedure provided in the Government order dated 5th August, 2002
and other relevant Government Orders be adopted for disposal of old condemned vehicles
of the respective Judgeships. Intimation in this regard may be sent by the District Judges
to the High Court and in case if no objection is raised by the High Court with regard to
the auction proposed by the District Judge within one month, the District Judge shall
proceed to auction the old condemned vehicle (s) in accordance with the Government
Order dated 5th August, 2002 and other relevant Government orders. This procedure may
be adopted by the District Judges of all the districts of the State and they need not wait
for disposal of such vehicle(s) beyond a period of one month after having sent the
intimation to the High Court.
6.
MOTOR ACCIDENT CLAIMS
(i)
Payment of compensation amount to the party in Motor Vehicles Act cases.
C.L. No. 101/VIIf-69/Admn.(G) dated: November 16, 1990
I am directed to say that instances have come to the notice of the Court that the
amount of compensation in Motor Vehicles Act cases has been taken away by false
persons depriving the claimants of the said compensation to whom the actual amount is to
be paid. The Court has considered the matter and after consideration of the matter it has
decided that henceforth the amount of compensation awarded under the Motor Vehicles
Act should be paid by Crossed Cheque 'Account Payee only' in the name of party.
Kindly bring in the notice of all concerned the contents of this Circular letter for
information and strict necessary compliance.
Deprecation of practice by Accident claims Tribunals directing the Petitioners to
pay certain percentage out of the awarded amount to the counsels who represented
the petitioners in the form of payment of fee
C. L. No. 8/2006 : Dated : 21st February, 2007

In continuation of the Court's earlier Circular Letter No. 48/2006 dated,
01.11.2006 which propounded certain guidelines In respect of Motor Accident Claims
cases, I am directed to say that while passing order dated 22.11.2006 in Civil
miscellaneous Petition No.63537 of 2006 Smt. Niranjana Tiwari Vs. Rajiv Upadhyay and
Another, the Hon'ble Court has been pleased to communicate it's displeasure on practice
by presiding officers of the Motor Accident Claims Tribunals, of directing petitioners to
part away with certain percentage of the awarded amount in favour of the counsels who
pleaded the Petitioners case, in the form of payment of fee.