# permanent court and the temporary court of difficult and easy, long and short cases. The

- **Citation:** C.L. No. 71/VII-h-13
- **Court:** Allahabad High Court
- **Decided:** 1952-06-11
- **Case number:** C.L. No. 71/VII-h-13
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/permanent-court-and-the-temporary-court-of-difficult-and-easy-long-and-short-163671
- **Pages:** 1

## Text

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there are strong reasons to the contrary, there should be an equal distribution between the
permanent court and the temporary court of difficult and easy, long and short cases. The
Sessions Judge can easily satisfy himself from the calendar or from glance through the
committal order and the Magistrate's estimate of the number of days likely to be taken in
the hearing whether a case is likely to be long and difficult, or short and easy. It appears
to the Court that certain Sessions Judges transfer cases as the result of a policy of
showing a good disposal in their own courts with a comparatively low disposal in the
courts of Additional Sessions Judges. The Court considers this to be bad administrative
policy and will make comment to that effect in future in the personal files of the judges
concerned.
No. 55/2007Admn. (G). Allahabad Dated: 13.12.2007.

The Hon'ble Court has taken serious note of the Magistrate Courts not observing
the provision as laid down in Rule 21 of the General Rules (Criminal), Sub Clause (ii) of
which provides that in case of transfer of a criminal case from the court of one Magistrate
to another magistrate a new serial and a number shall be given showing the new number
in the numerator and the old number in the denominator. The non-observance of this rule
has resulted in difficult to ascertain as to how old a particular case has become due the
said case not being decided by a particular court. Therefore, I have been directed to say
that every court of a magistrate shall ensure strict compliance of the Rule 21 of the
General Rules (Criminal) with all seriousness without fail.
I am to say further that kindly bring the contents of this circular Letter to notice of
all the magistrates working under your administrative control for strict compliance.
C.L. No. 71/VII-h-13 dated 11th June, 1952
All Sessions Judges should transfer a sufficient number of civil and criminal
appeals to temporary courts of Additional District Judges so that if for some reason
sessions trial cannot be proceeded with they may have some other work to fall back upon.
Ordinarily at least 50 criminal and civil appeals should be pending before an Additional
District Judge. If necessary, they should on days the work in the temporary courts falls
short also transfer to the temporary court any work available, which it is competent to try
so that there may be no waste of time.
C.L. No. 65/VIII-h/37/D R(S) dated 12th October, 1982

The cases pending in vacant court of Civil Judge, should be transferred to
different courts of Additional District and Sessions Judges, District Judge and to the court
of other Civil Judge, if any, posted in the judgeship.
C.L. No. 4/Admn.(A) dated 17th August, 1976

It invites attention to clause 53 added to Section 4 of the U.P. General Clauses
Act by Act No. 54 of 1975 according to which any reference to the ―District Judge‖ has
to be construed as including a reference to the ―Additional District Judge‖. This being the
position of the revisions filed before the District Judges can always be transferred to and
heard and disposed of by the Additional District Judges.