# required by section 353 of the Code of Criminal Procedure

- **Citation:** C.L.No.51/VIII-h-27
- **Court:** Allahabad High Court
- **Decided:** 1952-04-07
- **Case number:** C.L.No.51/VIII-h-27
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/required-by-section-353-of-the-code-of-criminal-procedure-163932
- **Pages:** 2

## Text

478
C.L.No.51/VIII-h-27 dated 7th April, 1952

Whenever judgment is not delivered immediately after the termination of the trial
and is reserved and delivered on a subsequent date previous notice of the date and time of
the delivery of the judgement should invariably be given to the parties or their counsel as
required by section 353 of the Code of Criminal Procedure.
(iii)
Delay in delivery of judgments
C.L.No.106/VIII-b-132 dated 30th August, 1971
Following instructions should strictly be followed while submitting quarterly
return as prescribed in rule 418 of the General Rules (Civil) 1957:
(1) Where argument is heard day after day, or arguments are heard afresh, cases in
which judgments are delivered more than one month after the close of evidence,
have to be entered in the quarterly return though no explanation need be furnished
in the last column of the said return if the judgment is pronounced within one
month of the commencement of argument, that is within one month of the first
date on which the arguments were heard.
(2) On receipt of the quarterly return, the District Judge should scrutinize all cases in
which judgment is delivered more than one month after the conclusion of
arguments and satisfy himself that there was no unnecessary delay in the
conclusion of the arguments or that arguments were heard afresh for some valid
reason.
(3) While scrutinizing the quarterly statement, the District Judge, should also
scrutinize those cases where it appears that there has been unreasonable time lag
between the close of evidence and the conclusion of arguments. In such cases, he
can note his comments and, if necessary, obtain the explanation of the officer
also.
(iv)
Judgments by Sessions Judges
C.L.No.12/74 dated 12th February, 1974

Sessions Judges should give their judgments independently without any
apprehension in their mind of its being upheld or reversed by the Court in appeal.
C.L.No.C-4/88 dated 14th January, 1988

Attention of all the judicial officers is drawn to the Court's judgment in Civil
Miscellaneous Writ Petition No. 4404 of 1987, S.K.Bhatt, Civil Judge, versus II
Additional District Judge and others (1987 A.L.R. 368) regarding maintenance of dignity,
decorum and restraint in passing strictures while writing judgment.
C.L.No.96/VII b-47 dated 14th September, 1978
The Sessions Judges are directed to henceforth mention specifically whether or
not the persons convicted were on bail during their trial in the operative portion of their
judgements.
479
C.L.No.60/IV h-36 dated 22nd March, 1977

The appellate courts judgments should contain summary of the points, which have
been argued, and the findings thereon and also mention that no other point has been urged
before them.
(v)
Appellate judgments to be sent to lower courts
C.L.No.297/44-5 dated 23rd January, 1913

With reference to Order XLI, rule 37 of the Code of Civil Procedure, certified
copies of the judgment and the decree should be sent to the court, which passed the
decree, but the record should ordinarily go to the record-room. The court, which passed
the decree, shall after considering the judgment and the decree send them to the recordkeeper to be filed.

Following the same procedure, this court will send the record to the District Judge
to be deposited in the record room and certified copies of the judgment and the decree to
the court, which passed the decree.
C..L.No.137/VIII g-34 dated 24th August, 1976
If the records of cases are received in the subordinate courts without copy of
judgment or order of the court and copy of the decree is not sent within a reasonable time
from the court, the matter should be brought to the notice of the Registrar of the Court by
name.
C.L.No.113/VIII-b-236 dated 15th/17th November, 1951

The register in Form no. 32, General Rules (Civil), 1957 should be maintained in
the prescribed form and copies of appellate judgment and decrees should be certified to
the trial court concerned within fourteen days of the delivery of judgment or the signing
of the decree as the case may be.
C.L.No.99/VIII-b-236 dated 13th September, 1972
Copies of appellate judgment should invariably be sent to the officers concerned
for their perusal so that the officer may know whether any appeal was preferred against
his decision and, if so, with what result.
G.L.No. 2395 dated 25th June, 1925
Owing to the transfer of judicial officers, it frequently happens that such officers
never see the judgment of the appellate court in cases decided by them and do not even
know the result of appeals from their decisions. Therefore, where the officer who decided
a case has been transferred to another district, the copy of the appellate judgment which is
sent down to the court below under Order XLI rule 37, of the Code of Civil Procedure
shall be sent for perusal of the officer who decided the case before being filed with the
record. This will only involve a delay of a few days and will save the necessity of
preparing a fresh copy. Where the appellate judgment is one requiring immediate action,
e.g., in the case of a remand, necessary notices will issue before the judgment is sent to
the officer concerned. It will also be open to District Judge in any particular case to have
an extra copy prepared and sent to such officer instead of the copy received from the
appellate court. These orders will apply to all appellate judgments whether passed by this