# effect to the provisions of aforesaid Convention in letter and spirit

- **Citation:** notification no. 504/Vb-13
- **Court:** Allahabad High Court
- **Decided:** 1941-03-08
- **Case number:** notification no. 504/Vb-13
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/effect-to-the-provisions-of-aforesaid-convention-in-letter-and-spirit-163573
- **Pages:** 2

## Text

341
summons/notices on reciprocal basis received from other State parties to the Convention
in India and that the process servers are not making sincere efforts to effect serve of
summons and notices on the notices, the Hon'ble High Court has resolved that all the
subordinate Courts be instructed to ensure service of summons/notices on the notices, the
requests of which have been received, in a proper manner and punctilious manner giving
effect to the provisions of aforesaid Convention in letter and spirit.

While enclosing a copy of text of the Hague Convention on Service Abroad of the
Judicial or Extra-Judicial Documents in Civil and Commercial matters, 1965 alongwith
copy of letter dated 30.09.2008 of the Government of India, Ministry of Law and Justice I
am, therefore, to request you to kindly direct all the Judicial Officers working under your
administrative control to ensure compliance of the above direction in right earnest.
38.
EXHIBITS
G.L. NO. 11/VIII-a-40 dated 17th March, 1949 read with
G.L. No. 14/VIII-a-41 dated 22nd April, 1949
When only a portion of a statement previously made by a witness has been put to
him for the purpose of corroborating or contradicting him under section 157 or 145 of the
Indian Evidence Act, only such portion of the statement should be proved. The Sessions
Judge should get an extract prepared from the statement and have an exhibit mark put on
such extract only and not on the whole statement. The extract should indicate the source
from which it has been prepared and a copy of the entire statement which may be on the
file should be placed among papers on the record which have not been proved and
exhibited so that it may be referred to, if and when necessary.
G.L. No. 14/VIII-a-42 dated 22nd April, 1949
In cases in which a witness is asked as to why he failed to state certain facts in the
lower court, which he has subsequently added in his statement before the Court of
Session, it is not necessary for the purpose of proving such omissions to exhibit the entire
statement of the witness before the lower court. The Judge should, in such cases, read the
statement and make a note to the effect that the omission exists. A copy of the entire
statement in which the omission exists should, however, be put on the file among the
papers not proved and not exhibited so that it might be referred to, if and when necessary.
39.
Transmission of exhibits to court
G.L. No. 11/VIII-a-41 dated 2nd May, 1950
Sessions Judges should follow the provisions of rule 135, Chapter XIII of the
General Rules (Criminal), 1957 and exercise their discretion carefully in the matter of
selecting exhibits for transmission to the High Court so as to ensure that all important
and necessary material exhibits are sent to the Court in the event of an appeal. Even if, in
the opinion of the Judge, no material exhibits need be transmitted to the High Court in
the event of an appeal, an order to that effect should be recorded by him at the conclusion
of the trial.

 Note: Now 1977 vide notification no. 504/Vb-13 dated 5/11/83
342
C.L. No. 63 dated 16th October, 1962
The Sessions Judges should pay personal attention to the compliance of rule 135
General Rule (Criminal), the intention of which is that, all such material exhibits which
are likely to be of assistance in disposal of an appeal should be submitted to the Court in
consultation with the counsel for the parties.
When there is any dispute between the prosecution and the defence as to any fact
or any inference from facts in the decision of which an inspection of the material exhibit
would be helpful, it should invariably be sent to the Court. For example, where injuries
have been caused by a sharp or pointed weapon and there is dispute as to whether the
weapon exhibited could have caused the particular injuries the weapon should be sent. In
case of gunshot injuries, the dispute as to whether the injuries could have been caused
with the particular gun is not so frequent. Similarly, bloodstained clothes of the victim
will normally not be of help to the Court except in a case where the number or nature of
holes in clothing may give any indication as to the manner of assault suggested by the
prosecution. In the former case the trial Judge would be justified in not sending the
clothes but in the latter case they should properly be submitted.
The trial Judge would be well advised to ask the counsel for the parties to note
their opinion on the margin of the order sheet or himself give the detailed opinion in his
order sheet on the date the arguments are heard.
C.L. No. 13/VII-b-53 dated 24th January, 1969
Through this C.L. the attention of the District Judges is invited to G.O. No. 220J/XXII-671-1940, dated March 8, 1941, requiring the Chemical Examiner to deal with
exhibits sent to him for examination promptly so that murder cases may be decided
expeditiously and also to G.O. No. 3503/VI-2439-1939, dated November 27, 1939,
requiring the Sessions Judges to send a copy of the judgment for information to the
Chemical Examiner in all cases in which he has been consulted.
 40.
RELEASE ON PROBATION
C.L. No. 40/VIIC-8/Admn. (D) dated 21st May, 1987
Although it is within the judicial discretion of the court to release or not to release an
offender on probation of good conduct, it would be proper to extend the application of
these provisions to more cases in areas where it is found that the persons released on
probation, whether or not under the supervision of the probation officer do not revert to
crimes. Where the applications of the provisions of the above Act have salutary effect,
there can be no objection to release of more persons on probation. If, however, it is found
that persons released on probation have abused it by reverting to crimes during or after
the period of probation, or that the supervision over such persons is slack, the trial courts
can become strict while giving the benefit of the provisions of this Act to the offenders.
The aim of the probation of Offenders Act, 1958 is to stop an offender from
becoming hardened criminal and in order to achieve this objective, the implementation of
the Act can be extended to more cases where after considering the report of the probation
officer and having regard to the circumstances of the case including the nature of the
offence and the character of the offender it is found necessary.