Adalat Bandhu

  Commitment to the Court of Session ( Criminal Rules and Order Rule 92) R. 92. (1) A Magistrate making a commitment to the Court of Sessions shall notify the same in Form (M) 7 without delay to the Court stating the total period of detention, if any, of the accused in custody upto the date of commitment, whether the accused is defended or not and whether he has been released on bail or remanded to custody pending trial. (2) The Magistrate shall send to the Court of Session the record of the case and the document and articles, if any, which are to be produced in evidence. (3) A brief of the case, perferably in three copies, shall be prepared by the Magistrate with all the documents mentioned in sections 207 and 208 of the Code for use of the Court and the Public Prosecutor. (4) The Magistrate shall notify the Public Prosecutor of the commitment of the case to the Court of Session and shall send him a copy of the brief prepared under sub-rule (3). COMMENTARY Commitment proceedings.-...

  Service and Examination of Processes (Criminal Rules and Order Rule 43 to Rule 71) R. 43 . Every summons on a Police Officer shall be served through the superintendent of the District or the Officer-in-charge of the Police Station to which such officer is posted. Note. In the case of officers of the Government Railway Police a summons should be served through the officer-in-charge of the Government Railway Police Station concerned. R. 44. (1) A summons on a Medical Officer shall be served through the Chief Medical Officer of Health of the District in order to enable the latter to make arrangements for conduct of medical duties during his absence. (2) A summons on a Medical Officer in the mofussil which does not involve his leaving the station shall be sent to him direct and not through the Chief Medical Officer of Health. R. 45 . A summons to a Judicial Officer may be served through the District and Sessions Judge of the District to which he is posted and the latter shall permit...

  RECONSTRUCTION OF RECORDS AND REGISTERS DESTROYED OR DAMAGED BY FIRE (Rules 363 to 368 Criminal Rules and Order) R. 363 . When any records, registers etc. of any Criminal Court are destroyed or damaged by fire, the fact shall at once be reported to the High Court and the Presiding Officer of the Court concerned shall take personal charge immediately of the remnants and proceed with the works of reconstruction of records according to the provisions of this Chapter. R. 364 . (a) If any register relating to any criminal proceeding destroyed or damaged by fire has been preserved from destruction or damage, the Presiding Officer of the Court shall take personal charge of the same and shall satisfy himself that no alteration or erasure has been made in the columns showing the manner of disposal, particulars of offence, plea of the accused, if any, and any order, final or otherwise, passed by the Court. (b) If any alteration or erasure has been noticed by the Presiding Officer in any co...

    The Order-sheet (Civil Rules and Order Rules  366- 371) 366 . The order-sheet [Form No. (J)13] shall be written in English and shall contain all orders passed by the Court. 367 . The name of Presiding Judge shall be written on the top of the order-sheet when a case is filed and when it is taken up by another Judge his name shall be similarly entered above the orders passed by him. 368 . An order-sheet shall be attached to the record of every suit or case other than a suit procedure and all orders shall be recorded thereon. Notes:  1. Orders shall never be written on petitions, returns, reports and other similar documents. The orders and the reasons thereof shall except as provided in rule 370 be recorded only in the order-sheet and the serial number therein with the date of the order passed and no more shall be noted t the head of the petition, report, etc. as "call for 2. It is not intended to prohibit the writing of such routine orders the record "put up with t...

  STANDING ORDER NO. 330/2008   GUIDELINES FOR ARREST                      The Hon’ble Supreme Court of India in the matter of Joginder Kumar Vs State of UP ( Crl. WP No. 9 of 1994 ) made the following observations:-   1.       No arrest can be made because it is lawful for the Police Officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so.   2.           No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person……… no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the perso...

 Holidays in sub-ordinate courts (Civil & Criminal) in West Bengal, 2022 as per notification of Calcutta High Court 👉➤➤➤ Download calendar, 2022 in pdf for Civil Courts 👉➤➤➤ Download Calendar, 2022 in pdf for Criminal Courts 👉➤➤➤ Download the original Notification Read the notification below

 Police File Rule. 72 . In these rules, unless the context otherwise requires......  (a) 'Court Police Officer' means such police officer or staff as may be allotted to a court for presenting the police file or for assisting the court in the discharge of its duties. (b) “Police file" means all the documents prepared and maintained by the Police in connection with the prevention or investigation of an offence against an accused or accuseds under the provisions of the Code or any other law and presented before a Magistrate for orders. Rule. 73 . (1) Subject to any rule or special order made by the Chief Judicial Magistrate under sub-section (2) of section 15 of the Code, Police file shall be put up before the sub-divisional Judicial Magistrate or the senior most Judicial Magistrate of the station by the court police officer concerned. (2) In the metropolitan area of Calcutta the Police file shall be put up before the Chief Metropolitan Magistrate or, subject to any rule or s...

  Petitions Rule. 12 . All petitions, memorandum of appeal, affidavits and papers of similar character presented to the Court, shall as far as possible, be- (i) Typewritten or written fairly and legibly on foolscap water marked paper, known as 'Pie' or 'cartridge' or 'demy' paper obtainable from the treasury and sold by all licensed stamp vendors, one side of the paper only being used and a quarter margin together with at least one and a half inches of blank space being left at the top and bottom of each sheet; (ii) Dated and signed by the person presenting and where necessary, by such other person as may, by law, be required to sign them; (iii) Signed by the scribe or the typist who shall state the capacity in which he writes or types them, and if he is the licensed clerk of a legal practitioner, his licence number also. Note 1.-Any petition, memorandum of appeal and affidavit or any other paper of a similar character which is not clearly and legibly written sh...

  Cause List Rule. 11.  (1) For the information of the parties, their Pleaders and the public a Daily Cause List in the prescribed Form No. (M) 1 shall be maintained in every court in the form of a register and laid at some conspicuous part of the Court room for the inspection of all concerned not later than 2 P.M. (or 9 A.M. in the case of morning sittings) of the working day preceding that to which the list relates. (2) Cases, appeals and applications for revision or transfer, shall be shown in the order in which they appear in the Diary and the Judgements ready for delivery shall also be notified in the Cause List. (3) At the close of the Day, entries should be made in the Daily Cause List showing in addition (a) results of all cases disposed of , (b) dates or adjoined dases fixed during the day of cases not disposed of, and (c) any order requiring specific action. Note 1.-The Cause List shall be prepared in English. Note 2.--The Cause List shall bear the dated signature of...

   Order sheet   Rule. 179 . An endorsement in the prescribed form shall be attached to the record of every case and all orders passed by the court shall be recorded thereon. Note.- (1) Orders shall never be written on any petitions, returns, records and other similar documents. (2) The orders, the reasons for which require to be recorded at length, shall not, however be written on the order-sheet, but a note of the order and of the date on which it was made shall be entered in it. Order sheet for Sessions Court Rule. 180 .  (a) An order-sheet in Form (M) 17 shall be used in all Sessions Trial and shall contain a complete record in chronological order of the proceedings from the commencement to the conclusions, of the trial and every order passed during the trial. (b) The order-sheet may be written by the Bench Clerk but shall be signed by the Sessions Judge after he has satisfied himself of the correctness of all the entries made therein. Rule. 181 . The order...

  Diary Rule. 28. Diary in the prescribed form (Form No. (R) 9) shall be maintained in every Court in the following manner, namely :(i) each case fixed for any day shall be entered in advance immediately upon a date or adjoured date being fixed, each such entries showing the purpose for which it is set down on each date. Note 1 - The purpose should be indicated by suitable headings written in red ink, such as, for trial, for enquiry for framing of charge, for hearing of any interlocutory application, for argument, for judgement, for order etc. Note 2.-Appeals and Miscellaneous Cases should also be shown in the diary. (ii) progress made in each case shall be shown briefly under each date as also the reason for adjoumment. (iii) The number of witnesses examined in each case shall be noted.  (iv) A running total in red ink shall be inserted from day to day with the object of showing the total number of witnesses examined during each quarter of the year, a new serial number for th...

Dress of Judicial Officers and Advocates  জুডিসিয়াল অফিসারদের পোশাক  নিয়ম.  476. (1) বেঞ্চে সভাপতিত্ব করার সময় সমস্ত পুরুষ বিচার বিভাগীয় কর্মকর্তারা নিম্নলিখিত পোশাক পরবেন, যথা - (i) সিল্ক ব্যতীত অন্য কোনও কালো উপাদানের একজন কিং কনসেলের গাউন;  (ii) হোয়াইট কলার এবং ব্যান্ড;  (iii) যেকোনো প্যাটার্নের কালো কোট বা কালো চাপকান বা আচকান;  এবং (iv) যদি কোটটি খোলা থাকে তবে একটি কালো কোমর কোট।  (2) মহিলা বিচার বিভাগীয় কর্মকর্তারা নিম্নলিখিত পোশাক পরবেন,  যথা:  (i) সিল্ক ব্যতীত অন্য কোন কালো উপাদানের একজন কিং কনসেলের  গাউন;  (ii) সাদা কলার এবং ব্যান্ড;  এবং (iii) যেকোনো প্যাটার্নের একটি কালো কোট।  দ্রষ্টব্য।-সমস্ত বিচার বিভাগীয় কর্মকর্তাদের জন্য সম্পূর্ণ পোশাক পরা বাধ্যতামূলক এবং বিশেষ পরিস্থিতিতে এবং হাইকোর্টের আদেশ ছাড়া নিয়মের কোনো বিচ্যুতি অনুমোদিত হবে না।   আইনজীবীদের পোশাক  নিয়ম.  477. (1) আইনজীবীরা, আদালতে উপস্থিত হবেন-তাদের পোশাকের অংশ হিসাবে নিম্নলিখিতগুলি পরতে হবে:  (ক) মহিলা আইনজীবী ছাড়া অন্য ...