# issuing the commission

- **Citation:** C.L. No. 52
- **Court:** Allahabad High Court
- **Decided:** 1972-05-05
- **Case number:** C.L. No. 52
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/issuing-the-commission-163158
- **Pages:** 2

## Text

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unsatisfactory the question of omitting his name from the next year's list should be
considered.

Complete directions should always be given to the commissioner at the time of
issuing the commission.
C.L. No. 52 dated 5th May, 1972

Names of only those persons should be entered in the list of survey
commissioners under rule 66(1) General Rules (Civil) who possess a good knowledge of
survey work and can make measurements properly. There should be no hesitation on the
part of the presiding officers in recommending the removal of the name of a survey
commission satisfactorily. In case survey cannot be done by the advocates or the Amins,
there should be no hesitation in issuing the commission to a qualified person even though
his name is not on the list.
Examination of transferred Medical Officers
G.L. No. 19/48-75 (a) dated 20th June 1931 read with
G.O. No. 2470/VI dated 20th June, 1931

A medical officer who has been transferred to another district should not as a
matter of course be re-called to give evidence in his old district, but should be examined
on commission unless his personal appearance is considered absolutely necessary.
Examination of Finger-Print expert
C.L. No. 121/VIII-f-8 dated 8th December, 1951 read with
C.L. No. 9 dated 24th May, 1909
Delay in the execution of commission for the examination of finger- print expert
is generally caused by-
(a)
the treasury chalan showing that the party concerned has deposited the fee
of the expert, not reaching the Lucknow Court in time:
(b)
The amount deposited being less than that prescribed under paragraph
82(b) (8) of the U.P. Finger and Foot Print Manual.
(c)
The Commissioner's fee not reaching the Lucknow Court in time: or
(d)
The interrogatories not being sent along with other papers for the
execution of the commission
In order to obviate such delays while issuing such commission the presiding
officer should see that the Commissioner's fee and the treasury challan relating to the
deposit of the expert's fee reach the court to which the commission is issued for
execution in good time. In a case in which an open commission is not issued the court
issuing the commission should also take care to forward the interrogatories and the cross-
interrogatories if any, along with the other papers.
An additional sum of Rs. 3 should also be sent along with the commission to meet
the conveyance charges of the commissioner in addition to his fee as prescribed under
rule 66 (4) Chapter III of General Rules (Civil), 1957. An extract from Government
notification no. I/III-B-79-49, dated the 23rd May, 1949 prescribing fees for the
157
examination of an expert of the Finger Print Bureau is reproduced below for ready
reference.
All applications should be addressed to the Deputy Superintendent of Police,
Finger Print Bureau, Criminal Investigation, Uttar Pradesh, Lucknow.
Fees shall be charged by the Finger Print Bureau at the following scale of
furnishing expert opinion in all cases in which an opinion is applied for at the request of
a party (including the Central and the other State Government). The amount realised shall
be credited to the State Government under the head, ―XXIII-A-Police Fees-Fines and
forfeitures-Other fees, fines, etc,‖ and the treasury challan sent to the Deputy
Superintendent of Police, Finger Print Bureau, Uttar Pradesh.
Consultation fee- Rupees fifteen per Case if the number of impressions to be
compared is five or less. For every additional impression Rs.3.
Photographic fee-Rupees three per impression photographed subject to a
minimum of Rs. 10 per case.
Rupees 20, Rs. 30 and Rs. 40 per case per call according as the expert concerned
is of the rank of a Sub-Inspector, Inspector and a Deputy Superintendent of Police.
Traveling allowance, where admissible, shall also be charged from the party
concerned at prescribed rates.
[Home Department (Police-A) no. 451/VIII-36-50, dated the11th May, 1950.]
Appointment of Lawyer as Arbitrators
G.L. No. 29/VIII-16 dated 11th October, 1947

Judicial officers should avoid appointing lawyers as arbitrators in civil cases on
payment of fees.
(ii)
Foreign
For procedure to be followed in regard to letters of request, commissions, and
summons for foreign countries reference is invited to the letters given below:-
C.L. No.147/VIII-b-32, dated 20th September, 1971
G.L. No.44/83-4(6), dated 2nd November, 1939 as supplemented by
G.L. No.1/83-5, dated 11th January, 1940.Enclosures amended and supplemented by
G.O. No.478/VII-225-38, dated 15th March 1940
G.L. No.28/83-6(4), dated 5th September, 1940 modified by
G.L. No.39/83-6(6) dated 5th December.1940.
G.L. No.16/83-7(2), dated 27th May 1941 and
G.L. No.1/83-5, dated 11th January, 1940.
C.L. No.14/VIII-b-31 dated 23rd February, 1950,
G.L. No.18/83-7(5) dated 4th July, 1941 and,
G.L. No.272/191, dated 23rd January, 1924.
C.L. No. 14/VIII-b-31 dated 23rd February, 1950, read with Government of India
Letter No. F-120-13/48 (O.S.III) U.K. dated 24 December 1949.
G.L. No. 81/VIII-b-31 dated 2nd August, 1951, read with Government of India
Letter No. F-12(16)/51- U.K. dated 29th May, 1951 and Ministry of External