# ordinate judiciary. A letter in this regard, addressed to Hon'ble the chief Justice was received and I have been directed to circulate the same. Accordingly, a copy of the letter sent by Hon'ble Mr…

- **Citation:** C.L. No.225
- **Court:** Allahabad High Court
- **Decided:** 2009-04-29
- **Case number:** C.L. No.225
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ordinate-judiciary-a-letter-in-this-regard-addressed-to-hon-ble-the-chief-163277
- **Pages:** 3

## Headnote

ordinate judiciary. A letter in this regard, addressed to Hon'ble the chief Justice was received and I have been directed to circulate the same. Accordingly, a copy of the letter sent by Hon'ble Mr. Justice M.Jagannadha Rao along with copy of the judgment given by Hon'ble the Supreme Court of India in Salem Advocates Bar Association Tamilnadu Vs. Union of India decided on October 25,2002 is being enclosed herewith for perusal with request to send your views as desired

## Text

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the directions as contained therein with the request to kindly bring the contents of the
Judgment to all the concerned Judicial Officers working in your Judgeship.
(See for Judgment: 2005 A. L. J. 98)
C.L. No.225 P.S. (R.G.) /2002 : Dated: November 18th February, 2002.
Hon'ble the supreme court of India, while disposing of the petition challenging
the recent amendments made in Civil Procedure code has held that there is no
constitutional infirmity in the same, but at the same time has decided to constitute a
committee to ensure that the amendments made become effective and result in quicker
dispension of justice. That committee is headed by Hon'ble Mr. Justice N. Jagannadha
Rao, Chairman, Law Commission of India who has solicited the views of Members of the
Sub-ordinate judiciary. A letter in this regard, addressed to Hon'ble the chief Justice was
received and I have been directed to circulate the same.
Accordingly, a copy of the letter sent by Hon'ble Mr. Justice M.Jagannadha Rao
along with copy of the judgment given by Hon'ble the Supreme Court of India in Salem
Advocates Bar Association Tamilnadu Vs. Union of India decided on October
25,2002 is being enclosed herewith for perusal with request to send your views as desired
in the aforesaid letter.
(xxv) Compliance of directions laid down in the judgment dated 7.5.1996 of
Hon'ble the Supreme Court of India in civil appeal no. 7760-7761 of 1996
U.P. State Road Corporation and others vs. Trilok Chandra and others
C.L.No.35 Admin (G), Dated 19 July,1996
Hon'ble the Supreme Court while deciding the matter of U.P.State Road
Corporation vs.Trilok Chandra and others has issued directions that the said judgment
may be circulated to all the court/Tribunals subordinate to Hon'ble High Court of
judicature at Allahabad.
In compliance of the directions contained in the judgment a copy of order of
Hon'ble the Supreme Court is being enclose for strict compliance.
I am, therefore to request you to communicate the directions of the Hon'ble
Supreme Court to all the courts subordinate to Hon'ble the High court by circulating the
copy of the judgment for strict compliance.
(xxvi) The guidelines with regard to the representation of the parties litigating
before the family court through their counsel
C.L.No./20 Dated: 9th June, 1998
 Hon'ble court (Hon'ble Sri M.Katju and Hon'ble Sri.S.L. Saraf.JJ) in civil Misc.
Writ Petition No.48736 of 1997, Prabhat Narain Tickoo Vs.Smt. Mamta Tickoo and
others, has formulated, the guide lines with regard to the representation of the parties
litigating before the family Court through their counsel.
 I am desired to send the copy of the aforesaid judgment for information.
211
Enforcement of the provisions of Section 13 of Family Courts Act, 1984 and Rule 27
of the U.P. Family Courts (Court) Rules, 2006 providing for seeking permission to
engage Advocate in appropriate cases.
C.L. No. 18/2009/ Admin. (G-I): Dated: April 29, 2009

The Hon'ble Court has noticed that the provisions as laid down in Section-13 of
the Family Courts Act providing for a bar to engage a Legal Practitioner to appear before
a Family Court in a suit or proceedings and has left it to the discretion of the Court to
seek assistance of Legal Expert as Amicus Curiae if so required in the interest of Justice,
are not being adhered to by the Courts and hence has desired that strict compliance be
made of the provisions as provided in Section 13 of the Family Courts Act, 1984 and also
in Rule-27 of the U.P. Family Courts (Court) Rules, 2006 which provides that the Court
may permit the parties to be represented by a Lawyer if the case involves complicated
questions of Law or considers that the party seeking the permission will not be in a
position to conduct his/her case adequately or for any other reason and the reasons for
granting such permission shall be recorded by the Court in its order. The permission so
granted may also be revoked by the Court at any stage of the proceedings if the same is
considered just and necessary.

Therefore, I am, directed to request you to kindly bring the contents of this
Circular Letter to the knowledge of all the Presiding officers of the Family Courts
working under your administrative control for strict compliance of the directions.
Help Desk to be provided in Family Court.
C.L. No. 19/2009 Admin. (G-I): Dated: 29.04.2009

In order to give effect to the U.P. Family Courts (Court) Rules, 2006, which have
provided simplified procedure for making application in summery proceedings on just
one form, upon consideration of the matter the Hon'ble Court has desired that a help desk
be set up in each Judgeship to be manned by a senior clerk preferably a lady where there
exists a family court to assist the parties approaching the court for providing necessary
guidance in filling up the form and enlightening them to provide detailed information
with regard to filing of cases, the manner and method of recording of evidence and the
recovery of maintenance.

Therefore, I am, directed to request you to kindly bring the contents of this
Circular Letter to the knowledge of all the Presiding officers of the Family Courts
working under your administrative control for strict compliance of the directions.
Enforcement of provisions of Section 11 of Family Courts Act, 1984
C.L. No. 22/2009/Admin. ̳G-I': Dated: May 2, 2009

The Hon'ble Court has noticed that the provisions as laid down in Section 11 of
the Family Courts Act providing for holding in camera proceedings in every suit or
proceedings to which the Act of 1984 applies if the family court so desires or either of the
parties so desires, are not being observed by the Courts strictly. Now the Hon'ble Court
upon consideration of the matter has desired that the Courts dealing with matters falling
under Family Court Act must strictly follow the provisions as contained in section 11 of
the Act.
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Therefore, I am, directed to request you to kindly bring the contents of this
Circular Letter to the knowledge of all the Presiding Officers of the Family Courts
working under your administrative control for strict compliance of the same.
(xxvii) Judgment of court rendered in civil Misc. Writ Petition No.174 16 of Ram
Chandra Shukla Vs. State of U.P. and others.
C.L.No.23/Alld: Dated 17th September, 1999
 The direction of Hon'ble court contained in judgment rendered in civil Misc. Writ
Petition No.17416 of 1997 Ram Chandra Shukla Vs. State of U. P. and others is being
communicated for circulation to all the judicial officers posted in this district for
information and necessary action.
(See for Judgment)
(xxviii)Priority to the cases in which persons with 40% or more disability is or are
the main petitioner(s)/defendants(s).
C.L. No. 7 /2005 Dated: 10th February, 2005
The Hon'ble Minister Law and Justice, Government of India, New Delhi while
observing that the Fast Track Courts though conceived to specifically dispose of Sessions
cases pending for over two years have also been requested to accord priority for disposal
of cases relating to senior citizen and abuse of women, has suggested that priority be also
given to the cases in which persons with 40% or more disability as per the Disability Act
is or are the main petitioner(s) or the main defendant(s). Upon consideration of the matter
the Hon'ble Court has been pleased to direct that cases regardless of the period of the
pendency in which persons with 40% or more disability as per the Disability Act is or are
the main petitioner(s) or the main defendant(s) be heard and decided on regular and
priority basis.
Therefore, I am to request you to be so good as to bring the contents of this
circular to the notice of all Judicial Officers in your Judgeship for strict compliance.
(xxix) Declaration regarding ̳marriage' & dowry'
C.L. No. 31 /2005 Dated: 29 October, 2005
Upon consideration of Government Order Nos. 3760/60-3-04(16AQ)/2000 dated
30.12.2004 1107/60-3(16AQ) dated 02 .05.2005 and 1284/60-3-2005-3(65) dated
26.05.2005 dealing with declaration regarding marriage and dowry, by the Government
Servants who have been appointed after 31.03.2004 the court has been pleased to direct
that all such judicial officers and supporting staff in the ministerial and inferior
establishment of the district judiciay who have been appointed after 31.3.2004, shall in
performances of direction in rule 5(5) (a) of the Uttar Pradesh Dowry Prohibition(first
Amendment) Rules, 2004, which come into force with effect from the date of their
publication in the Gazette vide notification No. 2457/60-3-3-(65)-97 dated 31st March,
2004, make a declaration under their signature stating that they have not taken and
dowry.
Therefore, I am directed to send out here with a copy each of the Government
Order Nos. 3760/60-3-04(16AQ)/2000 dated 30.12.2004 1107/60-3-05 (16AQ) dated 02