PART A THE INSPECTION OF RECORDS
1. The inspection of records of decided cases will be allowed only under the orders of the Deputy Registrar concerned.**
2. Records of pending cases will be open, as of right, for inspection of parties or their authorized agents or any Advocate of the Court, who is duly authorized to act in the case or junior counsel duly authorized by a certificate from such Advocate, on the application, that he has authorized his junior to inspect the record for him:
Provided that an Advocate of the Court may inspect the record of any such case on giving an assurance that he is in communication with one of the parties with a view to being retained in it.
Provided also that the inspection of a record will not be permitted on the date fixed for hearing without the special order of the Judge or one of the Judges before whom the case is pending.*
2. With the exception of the persons above-mentioned no one will be allowed access to the record of a pending case without the special order of a Judge.
4. Applications under rules 1 and 3 shall be made by petition duly stamped with a court-fee label of Rs.10/-. Other applications for inspection shall be in writing on a printed form to which must be affixed a court-fee label of the value prescribed below:-
(a) If ordinary inspection is desired, a court-fee label of Rs.5/-*.
(b) If urgent inspection on the date of hearing or on a day other than the date of hearing is desired, a court-fee label of Rs.10/-.*
Note: (1) No fees should be charged for the inspection of records in civil and criminal cases by the Advocate-General, Public Prosecutor or Advocate of the Custodian of Evacuee Property, as such, or by any counsel appearing for Government in civil and criminal cases or by counsel appearing for accused or appellant in cases where the latter is a pauper or is defended by counsel provided at Government expense.
(2) No fee shall be charged for inspection by parties and counsel in criminal cases but fees will have to be paid in case of a-
(a) second inspection of the same record, or
(b) inspection on the day the application for inspection is made.
5. Applications must distinctly specify the record of which inspection is desired and shall be presented to the Inspection Clerk between 8.00 a.m. to 10.30 a.m.*
6. *** [Omitted].
7. (i) No mark shall be made on any record or paper inspected, and no clerk shall be allowed to take notes except in the presence and under the supervision of the Advocate with whom he is attached. The copying of any document or portion of the record in pen and ink is strictly prohibited; but pencil copies of a document or portion of the record may be made. Any person infringing or attempting to infringe the rule shall be liable to be deprived of the right to inspect records for such period as the Administration Judge may think fit.*
(ii) Except in the case of connected records, inspection of which has been permitted for a single fee, access will be permitted to the record of one case only at a time.
8. The fee provided in rule 4 shall entitle the applicant to inspect the record on one day only. If inspection of the record is desired to be continued, a fresh application shall be required and a fresh fee paid for every succeeding day.*
9. Police papers received in the Court in connection with any pending criminal case and translation of such papers shall not be available for inspection, either by the convict or accused or by his agent or by any legal practitioner retained on his behalf.
10. All applications bearing a court-fee label of Rs.10/- shall be dealt with by the office at once. All ordinary applications shall be dealt with in the ordinary course of business.*
11. In the case of an application for ordinary inspection of pending record, the applicant shall give the Inspection Clerk 24 hours’ notice, in writing in the application of the day and the time on which it is desired to inspect such record.
12. When any records are in the custody of the High Court either in connection with an appeal from a conviction or have been received in accordance with the procedure laid down in rule 6(b) of Chapter 25-E, High Court Rules and Orders, Volume III, the Deputy Registrar of the High Court, on being informed by the State that an appeal against acquittal is contemplated shall hand over the required records to the Advocate-General on demand during such period as they are not required for the purposes of the appeal.*
13. In order to trace particulars of a suit or document, counsel may, with the previous permission in writing of the Deputy Registrar concerned and in the presence of a court official, inspect civil and criminal registers of the Court on behalf of parties, free of charge.**
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