# in Civil and Criminal Cases by the Presiding Officers of the Subordinate

- **Citation:** C.L. No. 38
- **Court:** Allahabad High Court
- **Decided:** 1974-09-07
- **Case number:** C.L. No. 38
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/in-civil-and-criminal-cases-by-the-presiding-officers-of-the-subordinate-163922
- **Pages:** 2

## Text

476
(ix)
Non compliance of the provisions of Rules in regard to recoding of evidence
in Civil and Criminal Cases by the Presiding Officers of the Subordinate
Courts.
C.L. No. 38 Dated: 12.10.2004

In continuation of Court's Circular Letter No. 138/IV-f-46 dated 7th September,
1974 Circular Letter No. 44/IV-h-36 dated 8th March, 1977 and Circular Letter
No.33/IVf-46/84 dated 8th May, 1984 on the above subject, I am directed to say that it has
been brought to the notice of the Court that the provisions of the rules regarding
recording of evidence in civil and criminal cases are not being observed by some of the
Presiding Officers of the Subordinate Courts. The normal practice has deteriorated to
recording of statements by the Reader/Ahalmed while Presiding Officer keeps himself
busy in other matters. Upon consideration of the matter, the Hon'ble Court has taken this
lapse very seriously and has desired that the compliance of the directions as contained in
the aforementioned circular letters be now ensured.

I am', therefore, directed to request you kindly to draw the attention of all Judicial
Officers working under your administrative control and they be required to ensure strict
compliance of the rules and provision of law while recoding evidence in civil and
criminal cases, faithfully and punctually.
19.
JUDGMENTS
(i)
Recording and pronouncement
G.L.No. 14 dated 22nd December, 1904
In miscellaneous proceedings as well as in suits and appeals, judgment must not
only be pronounced in open court, but also dated and signed in open court at the time
when it is pronounced and before the decree or order in pursuance of such judgments is
drawn up.
G.L.No.48/N-32 dated 17th December, 1931
Judges should rise for writing or dictating judgments in chambers during court
hours only in special cases of which note must be made on the time sheet. A judge
should, however, preferably retire for preparing judgments in chambers when he has risen
from the court for the day. The Bar and the litigants in that case will not be
inconvenienced and will know that the judge does not mean to return to courtroom and
resume work.
General D.O.No.4565 dated 7th September, 1943

There can be no objection on principle to a judge, who has light work, dictating
judgments in chambers during court hours, but as a rule it is only in judgeships where
there are no arrears and where no additional help is required that such a practice is
justifiable. If the work warrants it, and in most districts the work does warrant it, each
judicial officer should put in up to seven hours work each day-five in court, and, if
necessary, two out of court and long judgments should as a rule be done out of court
hours. The case diary should be drawn up on this assumption.
477
C.L.No.38/VII-b-40 dated 24th April, 1968
Presiding officers of Sessions Courts should give their full and proper
designations below their initials on judgments.
 Orders passed in chambers
G.L.No.6/46 dated 15th February, 1939
Interlocutory orders passed by presiding officers in chambers are sometimes not
communicated to parties or their pleaders and this result in their approaching the office
for information about such orders passed in their absence and opens the door to
corruption.

Whenever any judicial orders are passed in chambers, they should invariably be
communicated to the parties or their pleaders and their signatures obtained on the order
sheet or elsewhere where the orders are recorded.
 Judgment in Hindi
C.L.No.60/X-e-5 dated 23rd April, 1974

Under section 272 of the Code of Criminal Procedure, 1973 and in super session
of all existing notifications in this regard, the language of courts other than the High
Court has been determined as follows:
(1) In respect of judgments and orders passed or made by a court of Magistrate in all
cases in which a sentence of imprisonment for a term not exceeding one year can
be passed in Hindi (in Devnagri Script);
(2) In respect of judgments and orders passed or made by any court in any case other
than a case referred to in para (i) above- in Hindi (in Devnagri Script) and
English;
(3) In respect of all proceedings other than judgments and orders in any court- in
Hindi (in Devnagri Script).
Injuries to be reproduced
C.L.No. 13/VIb-47 dated 3rd March, 1982
The presiding officers of the criminal courts should invariably reproduce in their
judgments the injuries from the injury reports of the injured persons.
(ii)
 Reservation of
G.L.No. 5176/167-185 dated 26th November, 1925

The court does not desire to lay down any rigid rule but in the great majority of
cases in Munsifs' courts and in a considerable proportion of cases in Civil Judges' courts
it should be possible to deliver judgment either on the same day on which the arguments
are concluded or on the next following day. No officer should ever have more than two or
at most three judgments reserved at the same time. When more than two judgments have
been reserved, an officer should not ordinarily take up another case until he has written
them.