Gujarat High Court Civil Manual (subordinate court practice), 1960
The Judges and officers of District Courts and all other courts in the State are authorised to carry on correspondence in Gujarati with members of the public and their staff wherever it is possible to do so. (iv) All references in Judgments to Rulings of superior Courts should be cited both by the names of the parties as well as by the number of the volume and the page of the report, e.g. Sadanand V. Parashram, I.L.R. 52 Bombay 336. Form L1 (Chapter XXXIII, prescribed at page 275) Notification dated 21.10.1954 Statement showing the position of Civil and Criminal Cases disposed of during pending at the end of the month of ............ 19....... in the Court of the Civil Judge(s), Senior Division and Judicial Magistrate (s) Class 1 .......... District. Name of the Court: _______________ Name of Civil Cases: (1) Total No. of Civil Cases filed since Commencement of Cause unto the India (2) Regular Suits (includes suits filed in the District) (3) Miscellaneous Causes under the Code (4) Marriage and Partition cases (5) Land Acquisition Act (6) Special District (7) Regular Petitions (8) Insolvent Petitions (9) B.S.A.D. Petitions (10) Interpleader Petitions (11) Interpleader Petitions (12) Competition Petitions (13) Other Miscellaneous Cases Working days: _______________ Year old Suits: _______________ (a) Pending at the beginning of the month (b) Disposed by Judgment during the month By In- Ordered 0 Otherwise Decided during the month 7 Heard 8 HEARD 9 Total Commin- Postponed while Pending at the end of the month 10 Larning on Continuance for Reference to High Court judgment 11 Unburnt Lightning Cases Disposed for Provision of the High Court judgment 12 Total 13 FORM A-1 (contd.) Name of Criminal Case | Total No. of Criminal Cases pending at the end of the month | By Judge ment | Total | Otherw ise than by formal trial | Months & over but less than 6 months | 6 Months and over 9 months | 9 Months and over 12 months | Total | Remarks 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 1. I.P.C. Cases. 2. Prohibition of Liquor Cases. 3. Cases Triable Summary. 4. Miscellaneous Cases under the Children Act. 5. Cases under the Criminal Procedure Code, Criminal Classes. 6. Miscellaneous Criminal Cases. Statement showing the positions of Civil and Criminal Cases disposed during and pending at the end of the month. 1 IRC. Cases. 2. Prohibition from Cases Summary. 3. Cases Table Summary. 4. Miscellaneous under the Children Act. 5. Cases under the Act. 6. Misc. Cases. Notes.— (1) Effective Criminal Cases in which cases are payable, (i) which are payable, (ii) which cases are contested cases which were decided on merits by Writing Judgment. (2) By judgment means those contested cases which were examined & those in which costs were incurred or withdrawn and those which could be complained etc. (3) Without trial (in column 13) means cases in which morals eased guilty, there was no complaint or complained etc. (4) In the remarks column there Civil Cases, in which (a) judgments are not heard for more than 15 days from the Completion of the service and (b) a return to show and also finally even disposed of. Date: Statement showing the information regarding Civil eases pending at the end of the month of... Nature of Civil Cases disposed of during and pending at the end of the month of Crl. 19 Total Ready Showed Un- Total for judgment ready By Jud- Other- Ordi- Total Ready Showed Un- Total gment than by narily Disposed ready Total No. of Civil Cases pending at the end of the month [FORM No. 1, O. of the Proceding be one on the Returning the month of the union] Columns to be filled - Case Disposed of during the month 1. Regular Appeals 2. B/S.A.D.P. Appeals 3. Misc. Appeals 4. Revision Appeals 5. Company matters 6. Trust Suit 7. Other Suits 8. L.A. Cases 9. Misc. Cases 1. Serious Cases. 2. Special Cases. 3. Criminal Appeals. 4. Criminal Revision. 5. Criminal Misc. (iii) Judgment-debtors of higher class like small property holders, professional men and business men of ordinary position, clerks and artisans. (iv) Judgment-debtors of superior class like big property holders and professional men, business men and other persons of higher position. For the purpose of Subsistence Allowance under this paragraph, Judgment-debtors according to their social status, education and mode of living, shall be divided into the following classes, namely:— (i) Judgment-debtors of the class of Small Cultivators and labourers in the City of Ahmedabad. (ii) Judgment-debtors of the class of Small Cultivators and labourers elsewhere in the State of Gujarat. (iii) Judgment-debtors of higher class like small property holders, professional men and business men of ordinary position, Clerks and Artisans. (iv) Judgment-debtors of Superior Class like big property holders and professional men, business men and other persons of higher position. BY THE HIGH COURT OF GUJARAT AT, AHMEDABAD Notification No. C. 1005/61.—In exercise of the powers conferred under Section 32 of the Bombay Court Fees Act, 1959 (Bombay Act XXXVI of 1959) in its application to the State of Gujarat, the Honourable the Chief Justice and Judges are pleased to direct that the members of such tribes or tribal communities or parts of, or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under Article 342 of the Constitution of India, shall be exempted from payment of process fees. This rule shall remain in force upto and inclusive of the 12th day of September 1969. Ahmedabad, 11th October, 1967. R. L. DAVE, Additional Registrar. (5A) The District Judge may allow any candidate selected for the post of a Clerk or a Section-Writer eligible for appointment or promotion to the post of a Clerk, to appear at the Lower Standard Departmental Examination on the following conditions :— 1. The passing of the Examination will not entitle him to any special claim for being appointed as Clerk. 2. His appearance at the Examination would be treated as a chance allowed under sub-paragraph (5). 3. The candidate who has been reverted as a Section-Writer from a Clerk's post for not passing the examination in time under the rules, will not be eligible again as a Section-Writer to appear at the Lower Standard Examination. ADDENDUM AND CORRIGENDUM TO THE CIVIL MANUAL, 1960, VOLUME I, No.50. The Honourable the Chief Justice and Judges are pleased to direct that the following amendment be made in the Civil Manual, 1960, Volume I, as made applicable to the Courts in the State of Gujarat. Insert the words "from the date of final adjudication of a suit or a proceeding" between the words "three complete account years" and "save as provided for in Rule (10)", appearing in lines 4 and 5 of Sub-paragraph (25) of paragraph 672 of Chapter XXXV at page 307 of the Civil Manual 1960, Volume I. (3) No Clerk shall be promoted to the post of Senior Clerk or to any other higher post, other than the post of Stenographer, unless he passes the Higher Standard Examination. Substitute the following for the existing paragraph 1 below the said list:— "The Subordinate Court at Dakor shall be closed on Rathyatra in lieu of Ashadi Ekadashi." Rs. 6/- (six) per day as the allowance payable for subsistence of judgement-debtors has been fixed under section 57 of the Code of Civil Procedure, 1908. (5) Except in the case of persons belonging to the Scheduled Castes and Scheduled Tribes, a Clerk shall be allowed three chances to appear for either examination. A Clerk belonging to a Scheduled Caste or Scheduled Tribe shall be allowed one more chance to appear for either examination; Provided that if a person fails to pass either of the examinations within the specified chances, he shall, notwithstanding such failure, be allowed to appear at any time in such examination on payment of examination fee of Rs. 15 for each additional chance. (3). The Officers empowered under paragraph 452 to take affidavits or statements on solemn affirmation or any Officer of a Court duly appointed in this behalf by the District Judge, may charge a fee of 50 Paise in Court-Fee stamps which should be affixed to the document and obliterated, except in the case of affidavits which are made for immediate use in the Court in which the Officer is employed. (v) In appropriate cases, paper books may be dispensed with by the District Judge. (1) All Clerks who pass the Lower Standard Departmental Examination shall be confirmed in the existing vacancies. Even if a Clerk who is Junior in service has passed the Lower Standard Departmental Examination before a Clerk who is Senior in service the Clerk Junior in service should be confirmed if there is a permanent vacancy in preference to a Clerk senior in service who had not passed the Examination. Seniority in the cadre of Junior Clerks shall be determined from the date of confirmation: Provided that a Clerk who passed the Lower Standard Departmental Examination within first three chances and within three years from date of regular appointment, and in case of Clerk belonging to Scheduled Caste or Scheduled Tribe within first four chances and within a period of four years, shall be assigned seniority over a person, if any, who although being junior to him in the cadre may have been given seniority by reason of his having been confirmed on his passing the Lower Standard Departmental Examination earlier than him; Provided further that cases of Junior Clerks whose confirmation and seniority are already fixed prior to the date of coming into effect of this amendment shall not be re-opened. (High Court Circular No. B.10135/50, dated December 5, 1950, is cancelled). (6) The examination shall consist of written papers and oral and practical tests. The candidatus appearing in "Lower Standard" Examination shall be allowed to answer the questions of all the papers either in English or Gujarati. The candidatus appearing in "Higher Standard" Examination shall be allowed to answer the questions of papers (i) to (iii) either in English or Gujarati, but they shall have to answer the question of paper (iv) in English. LOWER STANDARD. A. Written— (i) Questions to test the examinee's knowledge of such parts of the Code of Civil Procedure as refer to matters coming within the scope of a clerk's duties (with books/) (ii) Questions to test the examinee's knowledge of (1) the Code of Criminal Procedure, (2) the Limitation Act (with books) (iii) Questions to test the examinee's knowledge of (1) the Civil Manual, (2) the Criminal Manual, (3) the Stamp Act and the Bombay Court Fees Act and the Government Notifications on those Acts (with books)/ B. Practical:— A test in typewriting/ HIGHER STANDARD. A. Written— (i) Bombay Civil Services Rules, Chapters I to V,XII (Parts III to VIII relating to travelling allowance only), XV and XVII of Vol.I and Appendix XIV-A of Vol.II (with books)/ (ii) (a) Gujarat Financial Rules,1971,Chapter I,Chapter II (excluding rules 15 to 19), Chapter III (excluding rules 34,35,36 to 42 and 45 to 46), Chapter IV,Chapter VI and Chapter X(excluding rule 185)/ (b) Bombay Treasury Rules, 1960, Chapters II,III and IV of part V (with books)/ (iii) Questions to test practical knowledge of forms and precedents such as drawing up of different decrees, orders and security bonds (without books)/ (iv) General English composition,viz. Essay, translation from English into Gujarati, précis writing and drafting (without books)/ 130 B. Oral— Questions relating to accounts, rules for maintenance, preservation and destruction of records and general questions connected with current rules and practice/