# maintained in the like manner

- **Citation:** C.L. No. 31
- **Court:** Allahabad High Court
- **Decided:** 1978-11-21
- **Case number:** C.L. No. 31
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/maintained-in-the-like-manner-163713
- **Pages:** 2

## Text

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number of pages in which the evidence has been recorded and the date to which the case
has been adjourned. The memorandum book and the reader's diary should also be
maintained in the like manner.
(ii)
Arrangement of cases
G.L. No. 11/VIII-b-121 dated 16th August, 1952

The diary should be so arranged that the oldest cases appear on the top and later
ones are entered lower down on the page. This can be easily done if the top portion of the
space allotted to a particular day is reserved for entering the oldest cases fixed for hearing
on that day, the middle portion being similarly reserved for later cases and bottom portion
for the more recent ones. It is considered that if the diary is maintained in the manner
indicated above and the cases are taken up in the order in which they appear in the diary,
the disposal of older cases will be expedited.
(iii)
Weekly cause list
C.L. No. 31 dated 7th March, 1952

A list in the form subjoined, of cases including criminal cases, if any, fixed for
hearing during the following week prepared in legible Hindi and signed by the Munsarim
of the court should be posted on the last working day of the week in some conspicuous
place of every court house. In the preparation of such list, precedence should be given to
cases, which are part heard or have previously been adjourned, and the order in which
cases are entered should not be departed from without the express order of the Presiding
Judge of the court.

Space should be left in the list at the head of the entries for each day for the
subsequent insertion if necessary, of adjourned cases.

In the fourth column should be noted against each case the purpose for which it is
to be laid before the court; whether, for instance, for settlement of issues or for final
disposal or for delivery of judgment.
DATE, MONTH AND YEAR
Number and description of cases
Name of parties
Name of parties' lawyers
Purpose

(iv)
Providing the copy of the Case Diary or and other information in respect of
the investigation to the accused person in criminal cases.
C.L. No. 29 /2005 Dated 26th September, 2005
Upon consideration of issue regarding supply of the copy of the case diary or any
other information in respect of the investigation in criminal cases, the Hon'ble Court
(Hon'ble Dr. Justcie B.D, Chauhan and Hon'ble Mr. Justice Arun Tandon ) in criminal
Misc. Writ petition No. 5840 of 2005- Mukesh & ors. Vs. State of U.P. & others, while
concluding that an accused person or his agent cannot ask for supply of the copy of the
case diary, has provided that the accused are not entitled to seek the copy of the statement
of any witness recorded under Section 161 Cr. P.C. or any other part of the evidence
collected by the investigating Officer prior to reaching the stage of filing the charge
sheet. The accused cannot ask for the copy of the case diary at any stage. He is entitled
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only for receiving the copy of the documents, which are being relied by the prosecution
against him.
As applications for providing copy are often filed in the Courts below every day, I
am directed to transmit herewith a copy of judgment and order dated 03.06.2005
aforedetailed, with request that the contents of and direction in the judgment and order be
kindly brought to the notice of all judicial Officers in the judiciary under your
administrative control, for their information and guidance.
(v)
Maintenance of court diaries by the Presiding Officers of the Subordinate
Courts in their own handwriting.
C.L. No. 40 Dated: 12th October, 2004

In continuation of Court's Circular letter No. 131/VIIIb-121, dated November 21,
1978 and Circular Letter No. 45/VIIIb-121, dated July 20, 1983 on the above subject, I
am directed to say that inspite of clear directions issued by the Court, the Presiding
Officers of the Subordinate Courts are still not maintaining the court diaries in their own
handwriting and also the columns of the said diary including column nos. 2A, 2B and 2C
relating to adjournments, are not being filled in by the Presiding Officer themselves.
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 above directions faithfully and punctually.
4.
ADJOURNMENT OF CASES
(i)
How to minimise
C.L. No. 22/VIII-b-13 dated 28th March, 1949 and
C.L. No. 61/VIII-h-13 dated 29th May, 1972

It has been found that Presiding Officers do not exercise proper discretion in
granting adjournments. Adjournments are very often granted as a matter of course on
flimsy grounds. This should be avoided and the cause list so adjusted as not to admit
adjournment of a case more than once for want of time.
C.L. No. 22/VIII-h-13 dated 18th March, 1949

If the pending file is heavy or is such that the cases are not likely to be fixed for
hearing within three months, presiding officer may leave fresh cases without date after
having framed issues therein. The records of such cases should be kept in a separate box
or compartment of an almirah in chronological order till it is possible to fix a date therein
within a period of three months.
C.L. No. 19/VIII h-10 dated 27th February, 1956

The correct procedure is that if a date for disposal of a sessions trial is not
available within the next two months or a date for final disposal of a suit is not available
within the next three months, no date should be fixed at all.