# from the list of such clerks

- **Citation:** C.L.No. 77/IVh-36
- **Court:** Allahabad High Court
- **Decided:** 1937-03-01
- **Case number:** C.L.No. 77/IVh-36
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/from-the-list-of-such-clerks-162786
- **Pages:** 2

## Text

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If a pleader is found making use of unauthorized copies in the conduct of his
cases, the presiding judge should inform him that the use of such copies is disapproved
by the court and that if it is persisted in, the name of his registered clerk will be removed
from the list of such clerks.

The presiding judge should maintain a list of pleaders who use copies which the
court has reason to think have been obtained surreptitiously.

The Presiding Officer should keep a vigilant eye on incomes in their offices from
inspection and search fees and protect their ministerial officers from their own
weaknesses and defend them from the importunity of those who tempt them from the
path of honesty and rectitude.
G.L.No. 11/17-2(11) dated 1st March, 1937
The court desires each presiding officer to use his powers of observation in
detecting the use of unauthorized copies and to take action, if necessary. It will,
therefore, be necessary for District Judges to take action against these registered clerks
who persist in the use of unauthorized copies and to maintain a list of pleaders who use
copies which the court has reason to think have been obtained surreptitiously. This will
have to be done with circumspection, as the rule as now amended allows full copies of
papers under inspection to be made in pencil. Any how the record is always at hand to
enable the Presiding Officer to ascertain whether the record has in fact been inspected for
this purpose or not.
7.
PREPARATION AND ISSUE OF COPIES OF DEPOSITIONS
C.L.No. 77/IVh-36 dated 28th May, 1976 and
C.L.No. 98/VIIIb-281 dated 7th June, 1976
On a fixed fee of Rs.1/-* per deposition, copies of depositions of witnesses be
issued by courts as far as possible the same day provided that not more than one copy
would be supplied irrespective of the parties involved in the case and that such copy shall
bear the endorsement of the Reader of the court that it is a true copy of the deposition of
the witness recorded in the court. Copies of depositions should be prepared with the help
of ball-point pen where there is no typewriter provided for the purpose, and three copies
should be prepared one for record and two for supply to parties. The copies so supplied
shall be treated as certified copies for any other purpose.
C.L.No.62/VIIIb-281/Admn.(G) dated 6th September, 1989
The rate of supply of copies of deposition of witnesses is increased from Re. 1/-
per deposition to Rs. 3/- per deposition, with effect from 1st October, 1989.
C.L.No.188/VIIIb-281 dated 25th November, 1976

Further instructions for strict compliance in future are listed below:-
(1)
The money, for providing copies of depositions be taken by the Court in
cash.
(2)
Each Court will maintain a register in the annexed proforma.

* Note: It has been increased to Rs.3/- by following circular.
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(3)
At the end of each day the money so collected, shall be deposited in the
Central Nazarat.
(4)
At the Central Nazarat the money will be kept in suspense account.
(5)
The expenses of paper, carbon and ball point pen, for preparation of
depositions shall be met out of the collection so made.
(6)
Copies of depositions shall not be given to parties under the aforesaid C.L.
No. 98 unless they apply for the copies of depositions of all witnesses.
PROFORMA
Register regarding the carbon copies of depositions of Parties and fees realised from them
Sl.
No.
Date No. of
the case
and
names
of
parties
Name of the
party to whom
the carbon copy
of deposition
supplied
Parti-
culars
of PW/
DW
Amount
of fee
realised

Initials
of
reader
receiving
cash
amount
Signature
of
receiving
officer of
Nazarat
Remarks
1
2
3
4
5
6
7
8
9
[ Note: This proforma has been substituted by para-4 of following circular]
C.L.No.191/VIIb-281 dated 27th November, 1976
1.
It may be impressed upon the party applying for the copy that if he wants such
copies in a particular case he would have to obtain copies of each and every
witness examined in the case whether on plaintiff/ prosecution side or defendant/
accused side and he would have to pay Re. 1/-* per witness in the case.
2.
Such copies should be prepared with a ball pen and the Reader should ensure that
the carbon used for preparing the copy is in good condition so that the copy
prepared is fair and legible.
3.
The parties shall pay the copying fee aforesaid in cash to the reader, who will
keep the same with him and deposit it with the Nazir in the evening of every
working day of the week. The Reader will maintain a register in the following
proforma:
Sl.
No.
Date
Nature
and
No. of
 case
Name of
Advocate
Applying
for copy
Party on
whose
behalf copy
is applied
No. of
witnesses
examined
on the day
No. of pages in
which the statement
of the witness was
recorded
Amount
realised
1
2
3
4
5
6
7
8

Signature with date of counsel
receiving the copy
Amount handed over
to Nazir
Signature with date
of Nazir
Remarks
9
10
11
12
4.
These copies must be handed over to the party on the same evening on which the
statements are recorded and signature of the counsel receiving the copy shall be
taken in column No. 9 of this register.

* Increased to Rs. 3/- with effect from 1st October.1989; vide C.L. no. 62, dated 6.9.89, at page 234