# of formal witnesses should be filed along with the charge sheet or before the committing

- **Citation:** C.L. No. 118/VII
- **Court:** Allahabad High Court
- **Decided:** 1930-11-25
- **Case number:** C.L. No. 118/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/of-formal-witnesses-should-be-filed-along-with-the-charge-sheet-or-before-the-163737
- **Pages:** 2

## Text

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of formal witnesses should be filed along with the charge sheet or before the committing
Magistrate or soon after its committal to the court of session as provided u/s. 296 of the
Code of Criminal Procedure.
No. 73/2007Admn.(G). Allahabad Dated: 13.12.2007
A catena of Circular letters have already been issued by the court noted in the
margin in respect of providing guidelines for
granting adjournments prohibiting adjournments
on flimsy grounds and in old cases but this
malady is still persisting . The Hon'ble Court
has viewed with seriousness the granting of
adjournments in Cases wherein the witnesses
are present in Court even then the Presiding
officers proceed to grant adjournments liberally.
Therefore, in continuation of the Circular letters noted in the margin, I am directed
to say that in all such cases where witnesses are present in a Court the adjournment shall
be granted only for extremely unavoidable reasons.
(ii)
Accommodating lawyers
G.L. No. 41/44-31 dated 25th November, 1930 read with
G.L. No. 3/44-7 dated 29th January, 1938

Although the view taken by the High Court is that the rights of clients and the
convenience of courts take precedence over the convenience of counsel who have
voluntarily assumed political duties, yet it is of opinion that some concession of a very
limited character might reasonably be allowed during the period that the budget is under
discussion and that dates in cases in which legal practitioners who are also members of
the legislative bodies appear may not unnecessarily be fixed during that period if the
court is in no way hampered by this concession.

As regards adjournment of cases, an adjournment may, subject to the discretion of
the presiding officer, be granted if two conditions are satisfied. The first is the personal
assent of the parties and the second that such adjournment will not delay or hamper the
work of the court.
C.L. No. 118/VII b-14 dated 13th November, 1972

Except in very exceptional circumstances the members of the Bar Council, who
seek adjournment of their cases on the ground of attending the meeting of the Bar
Council, may be accommodated to enable them to attend such meeting on the date fixed
therefore.
(iii)
Entries of adjournments
C.L. No. 6 dated 19th August, 1905

When a date has been fixed by the Court for the settlement of issues in or for the
hearing of a suit, all adjournments after the date, for whatever reason they may be made,
must be counted for the purpose of column no. 24 of register in form no. 67 (register of
original suits disposed of) of the General Rules (Civil), 1957. The practice of some courts
1.C.L.No.1 of 1976 dt.14th January,1976.
2.C.L.No. 38/98 dated 20.8.1998.
3.Court's Letter no. 2586/2004
dated 19th February 2004.
431
of not counting adjournments because summonses have not been served on the parties or
their witnesses, or because the parties applied for an adjournment, or because the court
was unable to take up the case must be discontinued.

When the evidence in a case is heard de die in diem, and the hearing lasts over
more than one day, such hearing, though it lasts over several days, is to be considered and
entered as one hearing. The case will not be considered as adjourned until the court
passes on from such continuous hearing to take up another case. But it must be distinctly
understood that when a case has once been taken up the hearing of that case and of that
case alone, must be continued until the evidence of all the witnesses in attendance has
been recorded.
5.
PREPARATION OF ORDER SHEETS
 G.L. No. 887/44-28 dated 3rd March, 1914

District Judges shall take steps to ensure that the orders on order sheets are written
in a clear and legible hand.

If the ahalmad and court reader cannot write legible, they should not be promoted.
C.L. No. 825/44 dated 5th March, 1913

Whenever an original public record is sent for the reason for the order should
invariably be entered in the order sheet of the case.
C.L. No. 71/VIII-b-49 dated 18th July, 1961

It would be sufficient compliance of rule 151(5) of General Rules (Civil), if the
date of admission of the first sheet of the Hindi order sheet and the English notes and the
last sheet thereof are mentioned in the General Index instead of entering every leaf.
Chapter III, Rule 85(1) and (2)
C.E. No. 39/VII-d-102 dated 18th March, 1971

The judge's notes should be so prepared as to give a fair idea of the progress of
the case from the date of its first hearing to its decision without reference to the
individual papers on the record. They should, inter alia, contain-
(a)
statement of parties or their counsel recorded at any stage of hearing, to
clarify the pleadings or for any other purpose;
(b)
names of parties or counsel present on the date of hearing;
(c)
nature of application and the orders passed thereon;
(d)
directions of the court on all-important matters coming up before it.
C.L. No. 64/VIII g-23 dated 9th June, 1987

All the readers are directed to mention the names of the counsel appearing in and
arguing each case on behalf of the parties in the order-sheet to ensure an accurate record
of the proceedings.
Pleaders to sign order sheet
G.L. No. 19/67 dated 1st May, 1929