# under whom the officer may be serving at the time

- **Citation:** C.L.No.47/VIII-233
- **Court:** Allahabad High Court
- **Decided:** 1952-03-08
- **Case number:** C.L.No.47/VIII-233
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/under-whom-the-officer-may-be-serving-at-the-time-163942
- **Pages:** 2

## Text

480
Court or by a District or Civil Judge. The copy will be sent through the District Judge
under whom the officer may be serving at the time.
C.L.No.47/VIII-233 dated 4th April, 1952
A register in the form appended to the letter noted in the bloc should be
maintained in all appellate criminal courts. The Munsarim should occasionally check this
register to ensure that copies of judgments are actually certified to trial courts without
avoidable delay.
(vi)
In Panchayat revisions
G.L.No.2/VIII-f-110 dated 4th February, 1952

Magistrates should attach sufficient importance to a thorough sifting of the points
urged before them in the revisions filed on behalf of persons affected by orders of the
Panchayati Adalat. In the interest of the successful working of the Panchayati Adalats, it
is essential that they should give more detailed reasons in their orders or judgments. If
they were to take pains over their judgments or orders the work of the High Court, too,
would be facilitated.
C.L.No.49/VI-f-111 dated 4th June, 1965

A full copy of the order of transfer passed under section 85 of the Panchayati Raj
Act should invariably be sent to the Nyaya Panchayat concerned for its benefit.
(vii)
 Correct citations
C.L.No.36/IV-h-35 dated 11th April, 1956 read with
C.L.No.105/IVh-35 dated 3rd December, 1956

Judicial Officers should give correct citations of reported cases in their judgments.
The proper way to do this is to state the names of parties first followed by the citation
within brackets as indicated below:

―[State of Bombay v. United Motors; (1955) S.C.R. 1069]‖
(viii) Aspersions against witnesses
G.L.No. 13/67-4 dated 4th April, 1932

The character of a witness is at times assailed and aspersions made against him by
courts in their judgments without allowing an opportunity to the witnesses concerned to
meet and explain what is in the judge's mind against him. The courts at times mislead
themselves by omitting to ask witnesses questions on what they deem to be matters of
importance and then make observations on such matters in the judgment. It is the duty of
a judge not to leave such questions in the air and then introduce them suddenly into his
judgment.

Relevant extracts from certain judgments bearing on this matter will be found
attached to the General Letter.
481
(ix)
Criticisms
G.L.No.91/2 (A) 7 dated 10th November, 1936

The following remarks were made by the Court in the course of a judgment in a
criminal appeal:

―In conclusion we should like to make some general remarks. We notice from
time to time that officers presiding in Civil and Criminal courts take it upon themselves
to express criticism upon matters with which they have no concern. This is a practice of
which we wish to express our disapproval. Courts are constituted to decide the issues,
which are before them, and presiding officers should confine themselves strictly to those
issues. It may sometime be necessary for a court in order to decide an issue to make
adverse comments about the conduct of some person in connection with a case but such
comments should be confined within the narrowest limits and should be expressed in
measured language. Courts should remember the elementary principle of justice that
nobody should be convicted unless he has had an opportunity to be heard. They should
also remember that they are appointed for a specific purpose and that it is not their
function to set themselves up as general critics about matters, which may incidentally
come to their notice.
(x)
Presence of accused necessary
C.L.No.6 dated 7th March, 1952

Where the accused is on bail the Sessions Judge should so far as possible require
his personal attendance on the dates of hearing of the appeal.

If the judgment is not delivered on the date on which arguments are concluded,
the Sessions Judge may fix a date for the delivery of judgment and require the personal
attendance of the accused also on the date.

If for any reason judgment is delivered in the absence of the appellant and
requires that he should surrender to his bail, the Sessions Judge should satisfy himself
that a copy of the judgment or order has been certified to the trial court without delay for
compliance and that it has been informed of the fact that the appellant has not yet
surrendered. The Sessions Judge should also satisfy himself that the orders passed by him
have in every case been duly complied with.
C.L.No.68/VIII-a dated 11th May, 1971

Instructions contained in C.L.No. 32/VIII-a, dated March 8, 1952, regarding delay
in delivery of judgment in criminal cases shall be applicable to the courts of the Chief
Judicial Magistrates and Munsif Magistrates also with effect from June 1, 1971.
(xi)
 To be typed in triplicate
C.L.No.8/X-a-14 dated 18th January, 1954

All judgments in Sessions cases, Civil Appeals and Criminal Appeals, prepared
by stenographer should, as far as possible, be typed in quadruplicate. In Sessions cases
out of the three spare copies, one may be sent to the District Magistrate and another to
the High Court along with the monthly sessions statement while the third spare copy
should be reserved for use in the copying office. In appeals (both civil and criminal) one