# fixed as not to disturb the dates fixed for the hearing of murder cases

- **Citation:** C.L. No.18/IVg-4
- **Court:** Allahabad High Court
- **Decided:** 1954-03-12
- **Case number:** C.L. No.18/IVg-4
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/fixed-as-not-to-disturb-the-dates-fixed-for-the-hearing-of-murder-cases-163852
- **Pages:** 1

## Text

459
(v)
Election petitions
C.L. No.18/IVg-4 dated 12th March, 1954

Judicial officers appointed Election Tribunals for decision of election petitions
filed in respect of general elections to the Municipal Boards, Notified Area Committees
and Town Area Committees, may be asked to give preference to the disposal of election
petition over other cases, but the dates in election cases should, as far as possible, be so
fixed as not to disturb the dates fixed for the hearing of murder cases.
(vi)
 Jail premises
C.L. No.18/Admn.(A) dated 27th January, 1976

District Judges have discretion to permit Sessions Judges or Magistrates to hold
their courts at or near jail premises for hearing of bail application under D.I.R. or for
enquiring into or trying such cases on the condition that-
(a)
the place selected for holding the court is one to which the public generally
have access, so far as the same can conveniently contain them as provided
under section 327, Cr.P.C.
(b)
the executive authorities provide a car or jeep for the transport of the judge
or Magistrate and his staff.
District Judges have further discretion to permit Magistrates to hold mobile courts
for dealing with petty offences on the spot. The Magistrates holding such courts are not to
do any case in which he has personally witnessed the event. Overall supervision is of the
District Judge who should see that no individual Magistrate does this work for any length
of time. Provision of suitable separate transport, free of cost, to the Magistrate and his
staff is the responsibility of the Municipal or State authorities, but the Magistrates
holding such courts will not be treated as on deputation.
16.
AFFIDAVITS
C.L.No.1799 dated 10th June, 1909

Rules in Chapter IV of Rules of Court, 1952, deal with affidavits and should in all
cases be properly observed.

Particular attention should be paid to the following matter:
(1)
As directed by rule 8, affidavits should be divided into paragraphs, which
shall be numbered consecutively, and each paragraph should, as nearly as
may be, confine to a distinct portion of the subject.
(2)
When the deponent speaks to matters within his own knowledge, he must do
so directly and positively in manner contained in rule II.
(3)
When the deponent speaks to matters not within his personal knowledge, the
fact should always be stated in the manner prescribed in rule 12.
C.L. No.110/VII-f-98 dated 2nd September, 1971

Affidavits filed by or on behalf of the Government come within the purview of
proviso (i) to clause (bb) of section 3 of the Stamp Act and as such are exempt from
stamp duty.