# telegram, and orders obtained before the Courts are closed

- **Citation:** C. L. No. 10/IX-g-11
- **Court:** Allahabad High Court
- **Decided:** 1994-11-23
- **Case number:** C. L. No. 10/IX-g-11
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/telegram-and-orders-obtained-before-the-courts-are-closed-162861
- **Pages:** 2

## Text

55
It should be clearly understood that the Subordinate Courts cannot be closed
without the permission of the Court. When the District Medical Officer of Health advises
the closing of courts during an epidemic, the High Court should be informed by letter or
telegram, and orders obtained before the Courts are closed.
On a death
C. L. No. 10/IX-g-11, dated 29th January, 1973

The District Judges may close the courts only for half a day and only in the
following circumstances:
1.
When a sitting or retired Chief Justice or Judge of the Supreme Court or a
sitting or retired Chief Justice or a Judge of the Court or a sitting or retired
judicial officer or a senior or prominent member of the Bar dies, and
2.
When the death, funeral, or cremation of such person takes place in the
district.
If however, the death or cremation or funeral of such a person has taken place
early or in a different district, the court should not be closed at all.
C. L. No. 62/IX-g-11, dated 20th May, 1970
In the event of death of an official, the courts should not be closed even for half a
day without prior approval of the Court but such members of the staff who may like to
attend the funeral may be permitted to leave office early.
During curfew
G. L. No. 30/IX-g-22-1, (21) dated 11th October, 1947

General Administration Department notification No. U.O.152/III, dated the 25th
April, 1947, declares that the day for which curfew for all twenty four hours is imposed
by order of the District Magistrate shall be public holidays for all courts and offices
situated within the areas over which such order extends. Subordinate Civil Courts should
also follow this direction. District Judges are, however, authorized to exercise their
discretion and close the courts on account of the imposition of curfew even in cases not
strictly covered by the notification when court hours fall within the curfew hours
although curfew is not imposed for all twenty four hours or is lifted for an hour or two
during twenty four hours.

Owing to accidental or unforeseen causes
G. L. No. 11, dated 6th February, 1948 and
C. L. No. 34/XC-26, dated 26th April, 1949

All civil courts in the State shall remain closed on all such days as may, for an
accidental or unforeseen reason, be declared by the State Government at short notice to
the public holidays for the entire State under the Negotiable Instruments Act 1881 (Act
XXVI of 1881), when however, any day is declared as a public holiday not for the entire
State but for particular areas only, civil courts in those areas alone shall be closed and not
elsewhere.
56

These orders do not, however, apply to cases where the Government declares a
certain day to be a public holiday otherwise than for an accidental or unforeseen reason,
e.g. on the occasion of a district exhibition or to supply an omission in their general list of
holidays. In such cases the holidays declared by the State Government should be ignored.
Demise of high dignitaries and eminent personalities
C. L. No. 117/X-c-27, dated 23rd September, 1971
Subordinate Courts shall be closed without reference to the court, on demise of high
dignitaries and eminent personalities, only when the State Government through All India
Radio declares the day in question to be a public holiday under the Negotiable Instrument
Act and the flag to be hoisted at half-mast. Even if the Court is not closed the flag shall
fly at half-mast as declared by the Government.
(i)
Closure of court on occurrence of untoward incident
C.L.No. 125/Admn. (G) dated 9th December , 1994
The Hon'ble Chief Justice and Judge have been pleased to authorize you (District
Judges) to use your discretion in the matter of the closure of the courts on the occurrence
of any serious untoward incident, which in your opinion render such closure imperative.
Such closure of courts shall, however to immediately intimated to this Court.
The Circular Letter is being issued in super session of Circular Letter No.
113/Admn. (G) Of November 23, 1994.
(ii)
Concerning closure of courts in the event of happening of some serious
untoward incident
C.L. No. 113/Admn. ̳G' dated 23rd November, 1994.
I am directed to say that the Court has been pleased to authorize you, at your
discretion, to close the court for the day in the event of some serious untoward incident
and happening.
I am further to say that it is incumbent upon you to inform the Court of the
happening at the earliest possible opportunity.
(iii)
Closure of courts and offices on sad demise of an employee of civil court
C.L. No. 37/98 Dated 20th August, 1998

On the aforesaid subject, the Hon'ble Court has taken a decision that the District
Judges should exercise their discretion on the occasion of sad demise of an employee of
the civil court as the situation warrants. The District Judge can permit few members of
the staff to attend the funeral of the employee even during court hours.

I am, therefore, directed to communicate you the aforesaid direction of the Court
for compliance.
(iv) Suspension of Judicial work in the District Courts in the event of death/funeral.
C.L. No. 10/Ixg-11; dated; Alld. January 29, 1973
In partial modification of the Court's Circular letter No. 62/IXg-11; dated May
20, 1970, containing directions regarding closure of subordinate courts in the event of