PART C POWERS DELEGATED TO THE REGISTRAR FOR THE DISPOSAL OF CERTAIN JUDICIAL MATTERS.
1. In accordance with the powers vested in them by Clause 35 of the Letters Patent, the Chief Justice and the Judges have been pleased to delegate the following functions to the Registrar: Provided that if the Registrar, has had no experience as a Judicial Officer of the status of the District and Sessions Judge or Additional District and Sessions Judge he shall not exercise the powers mentioned in clauses (iii), (iv), (v), (viii) and (xvi) below: Provided further that if an officer other than the Registrar who has had experience as a Judicial Officer of the standing of District and Sessions Judge or Additional District and Sessions Judges be available, then powers mentioned in these clauses shall stand delegated to him:-
(i) Power to issue notices on an application for Probate or Letters of Administration or for revocation of the same.
(ii) Power to dispose of all matters relating to the service of notices or other processes, including substituted service, except the power to dispense with service on proforma respondents.
(iii) Power to receive and dispose of an application under Order XXII rules 2, 3,4 and 10 of the Code of Civil Procedure, and to amend the record, if necessary, except in cases under appeal to the Supreme Court.
(iv) Power to appoint or discharge a next friend or guardian ad-litem of a minor or person of unsound mind, except in cases under appeal to the Supreme Court and to amend the record accordingly.
(v) Power to receive and dispose of an application for the withdrawal of an appeal or a consent decree or order.
(vi) Power to receive and dispose of an application under Order XLI rule 10 of the Code of Civil Procedure.
(vii) Power to receive an application under Order XLV rule 15 of the Code of Civil Procedure, and to issue notice thereon.
(viii) Power to receive an application for substitution of names in an appeal to the Supreme Court, and to issue notice thereon.
(ix) Power to receive and dispose of an application for the return of a document.
(x) Power to require any person or party to file an affidavit with respect to any application or matter in respect of which he has power to exercise any discretion or to make any order.
(xi) Power to call for a further deposit when the deposit already made by the appellant in an appeal to the Supreme Court is not sufficient to defray the cost of preparing the record.
(xii) Power to order payment of the profit accruing on Government Securities deposited under Order XLV rule 7 of the Code of Civil Procedure, and to order the refund of any unexpended balance under Order XLV rule 12, C.P.C.
(xiii) Power to direct in what newspapers the publication referred to in Order XLV rule 9-A of the Code of Civil Procedure, shall be made.
(xiv) ***[Omitted]
(xv) Power to pass formal orders regarding translation and typing or photocopying of documentary evidence and to summon files and records.
(xvi) (a) ***[Omitted].
(b) ***[Omitted].
(xvii) Power to grant time for making up deficiency in court-fees in cases referred to him as Taxing Officer under section 5 of the Court Fees Act,1870.
No application for extension of the time will be refused without the orders of the Court.
Note:(1) The above powers will be exercised by the Registrar subject to any general or special orders passed by the Chief Justice in this behalf.
(2) The power delegated to the Registrar under clauses (i) to (xiii) and (xv) may also be exercised by the Deputy Registrars.*
2. Under the Code of Criminal Procedure, the Registrar has been delegated with the following functions:-
(1) Power to sign complaints under the proviso to section 476(1), Criminal Procedure Code.
3. In accordance with the powers vested by Clause 35 of the Letters Patent, the Chief Justice and Judges have been pleased to direct that any person holding the post of Registrar of the High Court or any other officer of the High Court who has had experience as Additional District and Sessions Judge or District and Sessions Judge may be empowered by name by the Chief Justice to perform any of the following duties:-
(a) To decide the question of the necessity for transcribing and printing or photocopying any document not specially applied for by the parties to an appeal to the Supreme Court.
(b) ***[Omitted]
(c) To issue notice to parties in criminal references.
(d) To hear motions for the admission of first appeals and either to admit them or to direct them to be laid before a Bench for orders.
(e) To hear appeals from, or petitions for revision of the orders of District Judges in cases affecting their establishment or those of the Courts subordinate to them, and to advise the Chief Justice what orders should be passed.
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