# trial to remain part heard

- **Citation:** C.L.No.60/b-39
- **Court:** Allahabad High Court
- **Decided:** 1944-10-07
- **Case number:** C.L.No.60/b-39
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/trial-to-remain-part-heard-163890
- **Pages:** 1

## Text

468
In order to obviate payment of full day's fee to more than one State Counsel for
the same day, the presiding officers should avoid, as far as possible to allow a sessions
trial to remain part heard.
 Certification of fees by legal practitioner
G.L.No.25/67-5 dated 7th October, 1944

It is not open to counsel who receives an annual honorarium retainer to certify as
fees in a case either the whole or any part of that retainer.
18.
EVIDENCE
(i)
Expert opinion
G.L.No.3209/47-25 (1) dated 1st October, 1923

When a judicial authority considers a second opinion on a disputed finger print
necessary the case should be referred to an expert from another finger print bureau.
C.L.No.60/b-39 dated 5th October, 1966

All presiding officers should see that the writs of commission issued to the
District Judge, Lucknow, for taking statement of the Finger Print Expert, Lucknow, are in
order and contain all the essential papers, so that unnecessary delay in executing the
Commissions may be avoided.
(ii)
 Examination of transferred government servants
C.L.No.128/VII-b-68 dated 16th December, 1972
While fixing dates in criminal cases particularly in the courts of the Magistrates it
should be borne in mind that the dates for the evidence of magistrates, doctors, and be
borne other government servants, who are witnesses but have been transferred to other
stations, should be so adjusted that their evidence is recorded in as many cases as possible
on one and the same date or on two or more consecutive dates. The sessions clerk or the
ahalmad may check from the dealing clerks of other courts as to when a particular
magistrate, etc. is coming in that court for evidence. The request, if any made by such
witnesses for recording their evidence on one of the several dates (with small gaps) fixed
in various cases at a particular station should also be considered favourably. If such a
witness does not appear in obedience to court's process, the last summons before issuing
a warrant be issued through the immediate controlling officer of the witness and it should
be made clear that if the witness does not appear a warrant would be issued. Finally if a
warrant is issued a copy thereof may be endorsed to the authority through which the last
summons was issued.
C.L.No.5/VIIb-68 dated 22nd January, 1987
The evidence of a judicial officer is normally of formal nature only, and it may
not be necessary to summon a judicial officer for giving evidence.

Hence, summonses for judicial officers should be issued only when it is
absolutely necessary.