CHAPTER 5
Records --- their inspection, grant of copies and destruction

COPY BRANCH RULES

 

1.         Petitions for supply of copies will be received by the Copy Clerk at the Counter.

 

2.         The Copy Clerk shall be responsible for checking the correctness of the details of the petition and of the deposit. After checking and initialling the petition and entering it in his register (Appendix ‘H’), he will obtain orders from the Supervisor, Copy Branch, whether or not copy should be supplied.

 

3.         If the Supervisor, Copy Branch, orders supply of copy to the petitioner, the Copy Clerk will hand over the petition to the Miscellaneous Clerk for further necessary action.

 

4.         For the aforementioned purposes, the Copy Clerk shall maintain a register showing the number of petition, date of receipt, case number, details of deposit, receipt, (the date of supply to the petitioner), etc., as shown in the register HC. J.D. 28.

 

5.         The Miscellaneous Clerk will maintain the following registers showing all the movements of the petitions and will be responsible for securing the relevant case from the Branch concerned, expeditiously:-

 

            (i)         Main Register  showing movement of petition till the case concerned is received by him.

                                                                        Appendix ‘A’.

 

            (ii)        Branch-wise Register showing time and date of requisition from the Branches and their results.

                                                                        Appendix ‘B’.

 

Decided Cases

 

6.         (a)       In ‘decided cases’, the Miscellaneous Clerk will obtain spare copy(ies) from the Record Keeper Judicial.

                        (b)       The Record Keeper Judicial shall supply the spare copy(ies) on requisition. If he cannot, he will give reasons therefore. If there is no spare copy, a new copy shall be prepared and supplied.

                        (c)        Where the Branch concerned has reported that the file has not been received from the Court, the Supervisor of the Copying Branch shall, in the case of copies applied for Supreme Court use, ask the Reader of the Hon’ble Judge on the proforma (Appendix ‘I’) to intimate the approximate time when the case is likely to be sent to the Branch.

 

Pending Cases

 

7.                  In pending cases, the Miscellaneous Clerk will secure the relevant case from the Branch concerned.

 

8.         After a spare copy/relevant case has been secured the Miscellaneous Clerk will, after making necessary entries in his register pass it on to the Examiner, Copy Supply Section.

 

Action in Copy Supply Section

 

9.         The Examiner, Copy Supply Section, will maintain a register (see (Appendix ‘C’) showing receipt of work, its allotment to the typists and dates of return of the case to the Miscellaneous Clerk.

 

10.       (a)       The Typists shall maintain a “Typists Register” which will consist of two parts:-

 

                                                Case Diary

I           Part-A   showing receipt, total number of words

                                     and final return of petition with copies.     

(Appendix ‘D’)

II           Part-B   daily standard, showing number of words

                                      and charged by the typist.

(Appendix ‘E’)

 

                        (b)       While returning these cases to the Examiner, the Typist shall obtain signature of the Copy Holder to the Examiner in Part-A of the Register.

 

 

 

11.       If a spare copy is supplied by the Judgment Copy Section columns 5 and 6 of the Examiner’s Register should bear the entry “Spare Copy received”.

Delivery of Copies

 

12.       After entering the copies in the cost register, and putting the prescribed seal along with the particulars given in Appendix ‘J’ thereon, the Examiner, Copy Supply Section, will deliver them to the Copy Clerk obtaining the latter’s signature on the register. The Copy Clerk will, in turn, pass them on to the Supervisor, Copy Section after completing the accounts.

 

13.       After making the necessary checks, the Supervisor Copy Section will have the copy delivered to the petitioner through the Copy Clerk.

 

Priority of Petitions

 

14.       All petitions for copies on which urgent fee has been paid, will be stamped “URGENT” and will take priority over those that are not so stamped.

 

Priority as between Urgent Petitions

 

14-A.   All urgent petitions for copies, for the purposes of bail applications, applications for stay of proceedings, or relating to matter in respect of which a direction has been given that copies be supplied immediately, shall be further stamped as “TOP PRIORITY”, and shall take priority over those that are not so stamped.

 

15.       (a)       The petition for supply of copy bearing the stamp “URGENT”, should be treated with “TOP PRIORITY” by the Branches concerned, i.e., Criminal, Civil and Miscellaneous and the Record Keeper Judicial, the record being made available on the very day the petition is received in the Branch concerned. Reasons should be given if the records are made available the next morning.

 

            (b)       In the case of ordinary petitions, the case should be sent or petition returned with proper reports by the next day at the latest.

 

16.       (a)       Where a copy of judgment or decree or both are applied for on ordinary fee, and the case is either already with or on its way to the Judgment Copy Section that Section should give such cases as much priority as possible and will simultaneously turn out an additional copy (carbon/photo) if necessary.

 

                        (b)       The Decree Writer will be informed by the Civil Branch of all the cases in which decrees have been applied for and he will accordingly prepare the decree on priority basis and pass on the case to the Judgment Copy Section.

 

17.       When copies of judgment are applied for and the case is with the Decree Writer for the preparation of decree, if the decree cannot be prepared immediately, the Decree Writer will spare the case immediately for copying of judgments.

 

18.       Where judgment and decree are applied for on urgent fee, the process outlined in rules 15 and 16 above will be executed on top priority basis.

 

Register to be maintained by Branches

 

19.       (a)       Every Branch will maintain a separate register (see Appendix ‘F’) showing receipt of petition and movement of the case concerned, particularly the notes of despatch to and return from the Copy Supply Section.

 

(b)       The Assistant Registrar of each Branch will invariably check this register daily before the close of the office, and send the following statement to the Supervisor, Copy Branch, the next morning:-

 

(i)                   Number of applications received;

(ii)                 Number of applications returned with cases to Copy Supply Section;

(iii)               Number of applications remaining without compliance; and

(iv)                Reasons for non-compliance.

 

Daily Statements

 

20.       (a)       The Supervisor, Copy Section, will consolidate the above mentioned statements in the following form:-

 

(i)                 Number of applications received with cases;

(ii)               Dates on which copies are actually prepared, compared and supplied;

(iii)             Number of applications awaited from different Branches;

 (iv)      Dates of applications  remained without compliance.

 

(b)       The Supervisor, Copy Branch, shall submit this consolidated statement daily to the Assistant Registrar who will see whether the reasons advanced for applications remaining without compliance are genuine or otherwise, and will take necessary action to have them expedited.

 

General

 

21.       The Supervisor, Copy Section, being in charge of work in the Copy Branch, shall exercise proper control to ensure that no undue delay is caused in the supply of copies, and he shall pursue the applications personally and keep the Assistant Registrars concerned informed about the delays or the non-return of applications with cases to the Copy Supply Section.

 

22.       In case of urgent petitions, the actual time of receipt and disposal of the requisition will be given along with the dates, at every stage.

 

23.       Where petitions are found to be either incompetent or defective, an “Objection Statement” concerning such petitions will be pasted on the Notice Board, showing details given in Appendix ‘G’.

 

24.       Applicants applying for copies shall  be given  a  date  in writing on which delivery  of  the copy is to be taken. If the copy is not then completed such date (s) shall be extended from time to time until the copy is ready for delivery. Intimation of the extended date or dates will be given to the applicant in writing, when he calls to take delivery of the copy on or after the due date. The final date so intimated shall, for the purposes of calculation required by this rule, be deemed to be the day on which the copy is given.

 

25.       If the copy applied for is for Supreme Court use and is not ready on the date given, the applicant may be given the date following or, for reasons given, any later date.

 

 

APPENDIX ‘A’

  REGISTERS TO BE MAINTAINED BY THE MISCELLANEOUS CLERK.

  1.         Main Register.

 

Petition No.

 

Date of Receipt.

Movement of the Petition.

 

 

 

APPENDIX ‘B’

2.         Branch-wise Register

 

  

Date & Time.

Petition Number.

Signature of the recipient.

Result.

 

 

 

 

 

 

APPENDIX ‘C’

 

 REGISTERS TO BE MAINTAINED BY THE EXAMINER,

COPY SUPPLY SECTION

 

  

1

2

 

3

 

4

 

5

 

6

 

7

 

Date

on

which

the

petition

is

received.

Petition

number &

date.

 

Case

No.

Estimated

number of

words/ pages.

Name of typist/ copyist

with his initials.

Date

of

return

to

Examiner

with

initials

of Copy

holder

& the

typist.

Date of

examination,

return of

case to

the Misc.

Clerk

with his

initials.

 

 

 

 

 

 

APPENDIX ‘D’

 

TYPISTS’ REGISTER

 

PART ‘A’

 

 

Petition No.

and date.

Date of

Total No.

of words

charged.

Pages on

which

charged.

Receipt.

Return with Copy Holder’s signature.

 

 

 

 

 

 

 

 

APPENDIX ‘E’

 

PART ‘B’

 

 

Date.

Petition No. & Date/

Case  No.

No. of words charged.

 

 

 

 

APPENDIX ‘F’

 

BRANCH REGISTER OF PETITIONS FOR COPIES

 

  

Petition

particulars

No.

Disposal.

Signature

of the

recipient.

Date of

return

of case.

Name of the

person to

whom returned.

 

 

 

 

 APPENDIX ‘G’

OBJECTION  STATEMENT

 

 

Petition No.

 

Date.

Name of applicant.

Objection.

 

 

 

 

 

 APPENDIX ‘H’

(HC. J.D. 28.)

 

COPY CLERKS’ REGISTER.

_________________________________________________________________

1.         Serial No.

_________________________________________________________________

2.         Date of presentation of application for copy.

__________________________________________________________________

3.         Date of deposit of advance.

__________________________________________________________________

4.         Name of applicant and his full address.

__________________________________________________________________

5.         No. of the case.

__________________________________________________________________

6.         Appellant/Petitioner.

__________________________________________________________________

7.         Respondent.

__________________________________________________________________

8.         Amount deposited.

__________________________________________________________________

9.         Amount of urgent fee.

__________________________________________________________________

10.       Signature of the Supervisor.

__________________________________________________________________

11.       Amount of court fee stamp (if any).

__________________________________________________________________

12.       Name of Section where made.

_________________________________________________________________

 

13.       Excess amount of copying fee recovered.

__________________________________________________________________

14.       Excess amount of deposit refunded.

_________________________________________________________________

15.       Attested English manuscript copies.

__________________________________________________________________

­16.       Attested vernacular manuscript copies.

_________________________________________________________________

 

 

__________________________________________________________________

 

17.       Applications returned.

__________________________________________________________________

 

18.       Copies struck off by Straker’s process.

__________________________________________________________________

18-A.   Date given to the applicant for receiving copy.

__________________________________________________________________

 

19.       Date when copy was ready for delivery.

_________________________________________________________________

 

20.       Date when copy was delivered.

_________________________________________________________________

 

 

 

 APPENDIX ‘I’

 Petition No.____________________ dated ________________ 20_____has been filed in the Copy Branch in Case No.__________________ for supply of certified copies for filing an appeal in Supreme Court. Branch concerned has reported that the case in question is still in Court. Please intimate as to when this case is likely to be sent to the Branch, so that an approximate date can be given to the petitioner for supply of copies.

 

 

Reader to Mr. Justice____________________________

 

 

 

  

 APPENDIX ‘J’

COSTS REGISTER

 

 

1

 

2

 

3

 

4

 

5

 

6

 

7

 

No. & date of petition.

No. of

words.

No. of

Pages.

Costs.

Urgent

fee.

Other

fees.

Name

of the

typist/copyist.

 

 

 

 


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