Q1. What can I do when a cheque is dishonoured for the reason of insufficient funds. What legal action I can take to get the amount cleared?
A. On the dishonour of a cheque, one can file a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 ( which is a summary procedure and) can also file a Criminal Complaint u/s 138 of Negotiable Instrument Act for punishment to the signatory of the cheque for haring committed an offence. However, before filing the said complaint a statutory notice is liable to be given to the other party.
Q2. I have got my cheque dishonoured few months back. It was issued by a Company. What can I do now?
A. On the dishonour of cheque by the company you can file a suit for recovery of the amount under Order XXXVII of CPC. As you have stated that cheques were dishonoured few months back and you have issued no notice to the company bringing to their knowledge the dishonour of cheques and the life of the cheque is still valid which is usually six months from the date of issue. You please present the cheque again and on receipt of the information about the dishonour of the cheque you immediately issue notice within 30 days from the receipt of the information of dishonour of cheque to the company. If the company does not pay the amount within 30 days from the receipt of the notice, you can file complaint under Section 138 of the Negotiatble Instrument Act. The said complaint is to be filed within one month on the expiry of 30 days period of notice.
Q3. Our is the software distribution co. During course of our business we had supplied software worth Rs.3 lacs. But our client dishonoured the cheque. We have filed court case on him after that he paid us Rs. 1 lac and then he has run away. We do not have any idea about his where about. Court has issued proclaimed offender notice, but we do not now how to trace him. He has closed his account and bankers are not cooperating with information like his other address. Please advice?
A. Let the proceedings of declaration of proclaimed Offender be completed. The accused will be declared Proclaimed Offender and can be arrested at any time. At this stage, you can not do anything else. However, simultaneously you can file Suit for Recovery with the last known address of the accused.
Q4. I have a cheque dishonoured. I have informed the person in writing, but no response, what should be done to register a case of cheating, and which place it should be filed? The place of the bank, where the cheque was dishonoured or the place where the cheque was handed?
A. When you have informed the person about the dishonour of the cheque, in case the information is given within 30 days from the dishonour of the cheque, you can file a Complaint under Section 138 of Negotiable Instrument Act within one month after the expiry of notice period of 30 days. The Complaint for cheating is not maintainable legally. However, in certain cases the police have been registering cases of cheating against the accused.
Q5. I have blank cheques given to me by a partnership firm. Since they owe me some money which I had given to them as a loan. Besides the cheques and the statement of accounts. I do not have anything else. Suppose one day, I suddenly get to know that they have closed the partnership firm and dissolved it, Can I deposit the cheques now and legally raise a claim on them and how?
A. You should fill the cheques and present for encashment. The Partnership Firm as well as partners are personally liable and even after dissolution also the firm and partners are liable. Once the cheques are dishonoured you have to file a suit for recovery of the said amount under the summary procedure provided in Order 37 of Code of Civil Procedure, 1908. You should also file a complaint under Section 138 of the Negotiable Instruments Act. For this you will have to first give a notice, within 30 days of the dishonouring of the cheques. Then if payment is not made within 30 days of receipt of notice a complaint has to be filed within 30 days thereafter.
Question :
The conditions that make dishonouring of a cheque an offence?
What is the penalty for such dishonoring?
In what circumstances the dishonouring of cheque is not an offence?
Answer: The main condition in such cases is that the cheque should be of a legally enforceable liability or debt and the same has been returned by the bank for the reason for insufficiency of funds in the account.
Further, it will become an offence under Section 138 of the Negotiable Instruments Act if proper notice in writing to the drawer of the cheque demanding payment is issued and failure on the part of the drawer to make payment within 30 days of receipt of the notice.
The drawer of the dishonoured cheque is liable to be punished under Section 138 of the Act laid with imprisonment for a term which may extend to two years or with fine upto twice the amount of cheque or both.
However, when a cheque is issued to a charitable trust as a gift or donation or for applying for shares, there is no offence if it is dishonoured, as it is not issued in discharge of legally enforceable debt or other liability.
Similarly, if a cheque is dishonoured because of certain reasons like difference in drawer’s signature or the disparity in amount stated in words and figures, alternations in cheques require attestation by the drawer.
If the cheque is found mutilated, the dishonouring is not an offence it is not dishonoured for want of funds.
Question : Company A, which had placed an Inter corporate deposit with company B against Demand promisory note, receipts and post dated cheques. The cheques were bounced and company A filed section 138 cases on company B and its directors. While the matter is being heard, now the company A has filed "company winding up petition" against company B for recovery of the same money. Now the issue is - Will both run in parallel or can company B pray for staying of section 138 cases, until the winding up petition is disposed off? - If so, what are the appropriate laws or precedences of any highcourt/supreme court judgements?
Answer: The legal position is such that civil and criminal proceedings regarding dishonour of same cheque can continue side by side. It is open to the aggrieved party to resort to either of the one or both.
There is no legal bar if civil and criminal proceedings continue simultaneously.
The position in case of winding up of company is such that mere filing of application for winding up of company will not act as a bar to proceedings under section 138 of the Negotiable Instruments Act against that company. The same has been held in 1999 (1) Bank CLR 687.
Question: I am partner of a Partnership firm, comprising of Seven partners. Two of the partners, are running the business and they are working partners taking care of the day to day affairs of the firm. Other five partners, including my self is not in station and is sleeping partners. The cheques can be signed and issued by the working partners. In case, a cheque bounces and legal action takes place under section 138, are all the seven directors liable for legal action, or only those who have signed the cheque ?
Answer: The law in case of offence by companies is such that If the person committing an offence u/s 138 of N.I.Act is a company, every person who, at the time the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
As such, Every director of the company is not automatically vicariously liable for the offence committed by the company, only such director or directors who were in charge of and responsible to the company for the conduct of the business of the company at the material time shall be deemed to be guilty.
And there must be a specific averment in the complaint that at the time the offence was committed, person accused was in charge of and responsible for the conduct of the business of the company.
Note: Company means: any corporate and includes a firm or other association of individuals. And Director in relation of firm means a partner in the firm.
1. What is a cheque?
A cheque is one form of a bill of exchange. However, all bills of exchange are not cheques. A cheque is always drawn on a bank or a banker. It is payable immediately on demand, without any days of grace.
If there is a discrepancy between the amount stated in words and that stated in figures, then the amount stated in words shall be the amount that is ordered to be paid.
As per the amendments, brought in by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, truncated cheques and electronic cheques also fall within the purview of the definition of cheques.
2. What is meant by dishonour of a cheque?
When any cheque, drawn by a person for the discharge of any liability is returned by the bank unpaid, because of insufficiency of the amount of money, standing to the credit of the account on which the cheque was drawn or, for the reason that it exceeds the arrangements made by the drawer of the cheque, the cheque is said to have been dishonoured.
3. What are remedies available for recovery?
1. To file a civil suit
2. To file a complaint u/s 138 of the N.I.Act, 1881
3. To file complaint u/s 420 for cheating under the I.P.C.
In case a person has filed suits for recovery,
he is not precluded from filing a complaint u/s 138 of N.I.Act & u/s 420 of I.P.C. Both remedies may be simultaneously possible.
A civil suit cannot debars the criminal prosecution.
4. Which is fastest remedy to recover amount of dishonoured cheque?
The amendment of Negotiable Instrument Act, 1881 in the year 1988 which incorporated provisions of Section 138 to 142 with the intentions for speedy legal action against defaulters.
5. What is the punishment prescribed under the act for dishonour of a cheque?
The N.I. (Amendment and Miscellaneous Provisions) Act, 2002 prescribes
imprisonment, which may extend to two years or
payment of a fine, which may extend to twice the amount of cheque or,
both for an offence under section 138.
6. What are pre-conditions to file case u/s. 138 of N.I. Act?
In order to proceed under Section 138, the following events should have occurred:
The cheque in question should have been issued in discharge of whole or part of a debt or liability otherwise the maker of the cheque is not liable for prosecution. For example if the cheque is given as a gift or present and if the bank dishonours it the maker of the cheque is not liable for prosecution
Cheque should have been presented to the bank within a period of six months of the date of on which it is drawn or within the period of its validity, which ever is earlier;
A dishonour of cheque due to certain defined reason
The payee or holder in due course of such cheque should have made a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque within thirty days of the receipt of the information by him from the bank regarding the return of the cheque unpaid; and
The drawer of such cheque should have failed to make the payment of the said amount of money to the payee or the holder in due course of the cheque within fifteen days of receipt of the said notice
The complaint can be made only by the payee or holder in due course within one month of the drawer failing to make payment after 15 days of receiving notice.
7. What precautions one must take for issue of Notice?
The requirement of giving of notice is mandatory.
If no notice making a demand for payment is served upon the drawer within 30 days from the date of dishonour of cheque, a complaint is not maintainable unless the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.
Notice means a notice in writing.
A postal acknowledgement due containing the signature of the accused is proper proof of service of the notice on the addressee shown in the postal acknowledgement.
When a notice is returned by the sender as unclaimed such date would be the commencing date in reckoning the period of 15 days. Such reckoning would be without prejudice to the right of the drawer of the cheque to show that he had no knowledge that the notice was brought to his address.
The notice need not necessarily be by registered post only. It can be sent by a telegram, fax or by a letter as well. However it is preferable to send the notice by registered post, as that is clear evidence of service.
8. Where the complaint needs to be filed?
No court that is inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class can try any offence u/s 138.
All the following Courts will have jurisdiction:
The Court, situated at the place where the drawer of the cheque fails to make the payment of money;
The Court situated at the place where the bank through whom the cheque was issued, is located;
The Court situated at the place where the cheque was issued or delivered.
9. What precautions to be taken for filing of Complaint?
1. The payee or holder in due course of the cheque makes a complaint in writing.
2. The payee cannot lodge a complaint after the completion of one month from the date on which the cause of action arose.
3. A complaint can be filed through Power of Attorney, agents of the payee or holder in due course.
4. A complaint has to be filed in writing alongwith the list of witnesses and the list of documents.
10. What about Offences by Companies?
1. If the person committing the offence is a company, every person who, at the time offence was committed, was in charge of, and responsible to the company for the conduct of the business of the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished.
2. If a person proves that the offence was committed without his knowledge, or that he had exercised due diligence to prevent the commission of such offence, he shall not be punishable.
3. Where a person is nominated as a Director of a company by virtue of his holding any office or employment in the Central Government or State Government or a financial Corporation owned or controlled by the Central Government or State Government, he shall not be liable for prosecution.
4. Where any offence has been committed by a Company and f it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary, or other officer of the Company, such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
11. Can a person file a suit for recovery and also file a complaint under Section 138 of the Negotiable Instruments Act for dishonour of a cheque?
Answer: Yes. In case a person has filed suits for recovery, then he is not precluded from filing a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The pendency of criminal matters would not be an impediment to proceeding with the civil suits.
12. If a cheque is dishonoured on the grounds that the bank account has been closed by the drawer, will it constitute an offence under Section 138?
Yes. Dishonour of a cheque on the ground that the account has been closed by the drawer of the cheque does not constitute an offence under Section 138 as the said section, contemplate dishonour of a cheque either for want of funds or for exceeding the arrangements made.
However, now the Supreme Court has held that even if a cheque is dishonoured due to the bank account being closed by the drawer, it will amount to an offence u/s 138 of the N.I. Act.
13. If issue of notice gets delayed can I represent the cheque?
There is no embargo upon the payee to successively present a dishonoured cheque during the period of its validity.
There is no restriction regarding the no of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint.
In the course of business transactions it is not uncommon for a cheque being returned due to insufficient funds or similar such reason and being presented again by the payee after sometime, on his own volition or at the request of the drawer, in expectation that it would be encashed.
For dishonour of one cheque there can be only one offence and such offence is committed by the drawer immediately on his failure to make the payment within 15 days of the receipt of the notice served.
On each presentation of the cheque and its dishonour, a fresh right and not cause of action accrues. Therefore the payee without taking pre-emptory action in exercise of his right may, go on presenting the cheque so as to enable him to exercise such right at any point of time during the validity of the cheque.
Cause of action would arise only on failure to pay after notice.
Once a notice for payment is given a fresh cause of action will not arise if the cheque is presented again and it is dishonoured.
14. What about Payment against Cheque STOPPED by drawer?
Stop payment instructions cannot obviate the offence.
Even if stop payment instructions are given and notice of the same is given to the payee or holder in due course liability cannot be avoided.
The position will not be different even if the drawer had instructed the bank to stop payment prior to the presentation of the cheque for encashment.
Once the cheque is issued there is a presumption, that the holder received the cheque for the discharge, of any debt or liability and merely because the drawer issues a notice to the drawee or to the bank for stoppage of the payment it will not preclude an action under the Act
15. What is the procedure in Magistrate's Court?
If the magistrate is of the opinion that there are sufficient grounds for proceeding he shall call the complainant for pre summoning evidence and the necessary documents are exhibited.
Thereafter summons are issued for the attendance of the accused and the witnesses.
If accused fail to appear, warrants are issued by which Police authority are instructed to make accused present in the Court.
The evidence of the witnesses is recorded.
The particulars of the offence are stated to the accused, and he shall be asked whether he pleads guilty or has any defence to make.
If he accused pleads guilty, the magistrate shall record the plea and convict him.
If the accused does not plead guilty the Magistrate shall proceed to hear the complainant and the accused and take all the evidence as may be produced by both.
On the hearing and evidence the Magistrate shall pass the order of conviction or acquittal.
1. What is Cheque Truncation ?
Truncation is the process of stopping the flow of the physical cheque issued by a drawer to the drawee branch. The physical instrument will be truncated at some point en-route to the drawee branch and an electronic image of the cheque would be sent to the drawee branch along with the relevant information like the MICR fields, date of presentation, presenting banks etc. Thus with the implementation of cheque truncation, the need to move the physical instruments across branches would not be required, except in exceptional circumstances. This would effectively reduce the time required for payment of cheques, the associated cost of transit and delay in processing, etc., thus speeding up the process of collection or realization of the cheques.
2. Why Cheque Truncation in India?
Cheque Truncation speeds up collection of cheques and therefore enhances customer service, reduces the scope for clearing related frauds, minimizes cost of collection of cheques, reduces reconciliation problems, eliminates logistics problems etc. With the other major product offering in the form of RTGS, the Reserve Bank created the capability to enable inter-bank payments online real time and facilitate corporate customer payments. The other product, National Electronic Funds Transfer, is an electronic credit transfer system. However, to wish away cheques is simply not possible and that is the reason why the Bank decided to focus on improving the efficiency of the Cheque Clearing Cycle. Cheque Truncation is the alternative. Moreover contrary to perceptions, Cheque Truncation is a more secure system than the current exchange of physical documents in which the cheque moves from one point to another, thus, not only creating delays but inconvenience to the customer in case the instrument is lost in transit
or manipulated during the clearing cycle.
In addition to operational efficiency, Cheque Truncation has several benefits to the banks and customers which includes introduction of new products, re-engineering the total receipts and payments mechanism of the customers, human resource rationalization, cost effectiveness etc., Cheque Truncation thus is an important efficiency enhancement initiative in the Payments Systems area, undertaken by RBI.
3. How the uniqueness of the cheque would be imparted to the image?
The images captured at the presenting bank level would be transmitted to the Clearing House and then to the drawee branches with digital signatures of the presenting bank. Thus each image would carry the digital signature, apart from the physical endorsement of the presenting bank, in a prescribed manner. In order to ensure only images of requisite quality reach the drawee branches, there will be a quality check process at the level of the Capture Systems and the Clearing House Interface. This would ensure only
images of requisite quality secured with the digital signatures of the presenting banks reach the drawee branches. In addition, drawers could consider using holograms, barcoding or such other features, which would add to the uniqueness of the images.
4. How RBI is proposing to implement Cheque truncation?
RBI is proposing to implement the project on a PILOT basis in the National Capital Region (NCR), New Delhi. Based on the experienced gathered, it would consider extending the coverage to other centres.
In the process of implementation, banks have been given the freedom to decide the point of truncation. RBI would be installing an interface with its system (CHI) at the service branches of banks, who are members of New-Delhi Bankers Clearing House.
Banks have to decide the point of truncation and have to ensure that the images are digitally signed after their capture. It would flow thereafter to the interface (CHI) provided by RBI, from where the images would flow to the clearing House with the digital signatures of the banks. These digitally signed images would reach the service branches of the drawee branches clearing house interface. The service branches have to ensure that these images are moved across their branches to ensure their processing.
5. What kind of services will RBI provide to facilitate cheque truncation?
RBI.s services include system development and installation at the clearing house, interfaces at the banks. end, network, handholding, awareness propagation and training.
6. Can you briefly explain the entire process flow envisaged in the CTS?
The CTS project envisages a safe, secured, faster and effective system for clearing of the cheques. In the CTS the presenting bank will capture the data & images of the cheques using their Capture System which is internal to them. They have to meet the specifications and standards prescribed for data and images. To ensure security, safety and non-repudiation the PKI (Public Key Infrastructure) is being implemented across the system. The banks will send the captured images and data to the central clearing house
for onward transmission to the payee/drawee banks. For that purpose RBI will be providing the banks software called the Clearing House Interface (CHI) that will enable them to connect and transmit data in a secure way and with non-repudiation to the Clearing House (CH). The Clearing House will process the data and arrive at the settlement figure for the banks and send the required data to payee/drawee banks for processing at their end. The drawee/payee banks will use the same CHI mentioned earlier for receiving the data and images from the Clearing House. It will be the responsibility of the drawee bank Capture System to process the inward data and images and generate the return file for unpaid instruments.
7. Who can participate in the Cheque truncation system?
The criteria for banks participating in the Cheque truncation system are:
i. Membership of the clearing house in the NCR.
ii. Membership of the Indian Financial Network (INFINET)
8. How the non-INFINET member banks can participate in the CTS?
In respect of banks who are not members of the INFINET, the following alternatives are available
(a) They may become the sub-members of the direct members or
(b) Such banks may use the infrastructure of the other banks having INFINET membership without being the INFINET members themselves and there clearing settlement can be done either directly or through the member through whom they are participating.
9. Is the infrastructure requirement same for all the banks?
The infrastructure required for CTS from bank.s end are connectivity from the bank gateway to the clearing house, hardware and software for the CTS applications.
RBI shall be providing member banks with the CHI and the banks have to procure other hardware and system software for the CHI and the application software for their capture systems on their own.
The hardware requirement is based on the volume of the cheques processed by the banks. Based on the volume the CHI is categorized into four types and the hardware requirement is different for each category.
The band width requirement for each bank is calculated based a number of factors like the peak inward and outward volume of the bank, average size of an image, efficiency factor of the network etc. In addition to that future requirement have been taken into consideration for calculating the band with requirement.
10. What are the image specifications in the CTS?
Imaging of cheques can be based on various technology options. The cheque images can be black and white, Grey Scale or coloured. Black and White images do not reveal all the subtle features that are there in the cheques. Coloured Images increase storage and network bandwidth requirements. So it was decided that the electronic images of truncated cheques will be in gray scale technology. There will be three images of the cheques i.e. front grey, front black & white and back black & white which will be made available to member banks. The image specifications are:
Image Type Minimum DPI Format Compression
Front GrayScale 100 DPI JFIF JPEG
Front Black & White 200 DPI TIFF CCITT G4
Reverse Black & White 200 DPI TIFF CCITT G4
The image quality of the Grey Scale image shall be 8 bits/pixel (256 levels).
11. What is a gray-scale image?
Scanners also function like photo-copiers by reflecting the light passed through narrow passage on to the document. Tiny sensors measure the reflection from each point along the strip of light. Reflectance measurements of each dot is called pixel. Images are classified as black and white, gray-scale or colour based on hoe the pixels are converted into digital values. For getting a gray scale image the pixels are mapped onto a range of
gray shades between black and white. The entire image of the original document gets mapped as some shade of gray, lighter or darker, depending on the colour of the source.
In the case of black and white images, such mapping is made only to two colours based on the range of values of contrasts. A black and white image is also called a binary image.
12. How the quality of the images will be ensured?
As the payments will be made on the basis of the images, it is essential to ensure the quality of the images. For that purpose the solution proposes Image Quality Audit (IQA) at different level. RBI will be specifying the image standards to the member banks. The presenting bank is required to perform the quality audit during the capture itself. Further quality audit will be done at the gateway before onward transmission to clearing house. Further the drawee bank can ask for the physical instrument if it is not satisfied that the image quality is not good enough for payment processing.
13. How the image and data transmitted over the network is secured?
The security, integrity, non-repudiation and authenticity of the data and image transmitted from the paying bank to payee bank will be ensured using the Public Key Infrastructure (PKI). The CTS is compliant to the requirement of the IT Act, 2000. It has been made mandatory for the presenting bank to sign the image & data from the point of origin itself. The image and data are secured using the PKI through out the entire cycle covering capture system, the presenting bank, the clearing house and the drawee bank.
The PKI standards used are in accordance with the appropriate Indian acts and practices of IDRBT which is the certifying authority for banks & financial institutions in India. The standards defined for the PKI are as followed:
• hash algorithm SHA-1
• padding algorithm pkcs#1
• RSA asymmetric encryption with 1024 bit key length
• Triple DES (3DES, TDES) symmetric encryption with 168 bit key length
• Certificates in x.509v3 format
14. What type of cheques can be presented in the CTS?
All the local cheques can be presented in the CTS. Banks may also present cheques on banks situated outside the NCR, but such banks have branches in the NCR region. The CTS also supports the intercity clearing and specialized clearing like high value clearing etc. The on-us instruments where both presenting and drawee banks are same are not allowed in the CTS. Images of such instruments would be stopped at the Clearing House Interface itself.
15. What are the precautions required to be taken by the bank customers to avoid
frauds?
Bank customers should use image friendly cheques. They should preferably use dark coloured ink while drawing the instruments. Care should be exercised in the use of rubber stamp, so that it would not interfere with the material portions of the cheque. The date of the cheque, payees name, amount and signature are the basic features which are essential in a cheque. The use of rubber stamps, etc, should not overshadow the clear appearance of these basic features in image. In order to ensure that all essential elements of a cheque are captured in an image during the scanning process, bank customers have to exercise appropriate care in this regard.
16. Will there be any change in the process for the customers?
There will be no change in the clearing process. Customers would continue to use cheques as at present, except in the use of image friendly coloured ink for making the instruments. Of course, such of those customers, who used to receive the paid instruments, like Government Departments, would only receive cheque images instead of the physical instruments. This will also facilitate in better processing at their end, as they will be able to access online images in addition to the data. As the images are going to be moved across, the time taken for the receipt of paid instruments at their end could
be reduced so that better and timely control could be exercised over payments. This will also give an early opportunity to the drawers or issuers of cheques to detect frauds or alterations in their cheques.
It is also possible for cheque issuers to consider newer techniques such as embedded verifiable features such as bar-codes or logos or watermarks, encrypted codes, holograms, etc., which would facilitate early interception of altered/forged instruments.
17. What would be benefit of cheque truncation to customers of banks?
Before we answer this question, we have to understand the present system of cheque clearance. The cheques presented by customers, today, are sent to the clearing house at the drawee centres by the beneficiaries. bank. The cheques at the bigger cities, in view of the large volume of paper instruments, are subjected encoding and then to mechanical sorting and thereafter reach the drawee branches. As per the existing banking practice, these instruments received at the counters of the drawee branches are paid or returned by them. The returned instruments are passed on to the presenting customers through the process of a return clearing. Only after the return clearing process gets over, banks release the credit to the customers. The beneficiaries. Account gets credited on the same day on which the drawees. account gets debited; however,
the beneficiary is permitted to use the proceeds only after the return clearing process.
With the introduction of the imaging and truncation, the physical movement of instruments would be stopped and the electronic movement of images of cheques would speed up the process of settlements and ultimately alter the clearing cycles. The clearing cycle could be shortened and it would be possible for customers to realize the proceeds of cheques early. Thus cheque truncation would reduce effectively the time of float, i.e. time from the point of issue of cheque to the point of time the actual debit takes place. In case such clearing is introduced across the cities, it would ensure the realisation of inter-city instruments faster thus ensuring early availability of funds to beneficiaries.
Thus the benefits could be summarized as:
a) Faster clearing cycle;
b) Better reconciliation/verification process
c) Better Customer Service . Enhanced Customer Window
d) T+0 for Local Clearing and T + 1 for inter-city clearing.
e) Elimination of Float . Incentive to shift to Credit Push payments.
f) The jurisdiction of Clearing House can be extended to the entire country
. No Geographical Dependence
g) Operational Efficiency will benefit the bottom lines of banks . Local
Clearing activity is a high cost no revenue activity.
h) Minimises Transaction Costs.
i) Reduces operational risk by securing the transmission route.
18. What is an IRD?
Under CTS, after the capture of the image, the physical cheque would be warehoused with the presenting bank. In case the beneficiary or any other connected persons require the instrument, the payee bank could issue a copy of the image, under its authentication, which is called Image Replacement document. It is a legally recognized replacement of the original cheque for re-presentment. The provisions of NI act (Section 81(3) of the NI
Act as amended) also permit the usage of such IRD.
19. If the customer wants to see the paper cheques for any reason, what are the options available to the customer?
The physical instruments are required to be stored for a statutory period. It would be obligatory for presenting bank to warehouse the physical instruments for that statutory period. In case a customer desires to get a paper instrument back, the instrument can be sourced from the presenting bank through the drawee bank.
... Thanq for information dear Raghu
Friday, January 21, 2011
FAQ about Court
FAQ about Court
• If I have some complaint can I directly approach to the court?
• What are the basic types of cases?
• What is a civil case?
• What is a criminal case?
• Can a common man file a case directly without help the of an Advocate?
• How much amount is estimated to be paid as various type of fees in a court?
• What are the facilities available for a Poor People to file case?
• How much time is required to get the result of a case?
• If some body mischievously files case against me what action should I take.
• To whom a Common man should approach for any help related to court?
• How long will it take for a final Judgment after the Case is filed?
• Is any standard form available to file a case?
• Can I file case from home?
• Can a person know about the history of a case?
• What is the procedure to get bail?
• How Can I know the status of my case?
• Do I need to remember my case number always?
• In case of death of party, how the case proceeds?
• If I want to make complaint against advocate, where should I approach?
• How the case proceeds from filing to disposal?
• What happens after the case is disposed?
• Although the court has ordered, I am not getting possession of my property? How to get it?
• Can I plead my own case or my relatives case without advocate?
• What is contempt of court?
• Is there any alternate means by which my dispute could be speedily resolved?
• Is there any facility to get speedy result by paying more money or fees?
• I am interested to settle the dispute but the opposite party is not willing what should be done?
• I have heard about loknyayalaya? What is it?
• I want to learn some thing about law and act? How to go about it?
• How can I avoid my rightful claim being defeated ?
If I have some complaint can I directly approach to the court?
Yes, you may directly approach Presiding officer/Judge of the court to submit your complaint on any working day in the court at the time mentioned on the board titled “ Working hours”. However, your complaint must not be an interference in administration of justice..
What are the basic types of cases?
The cases are primarily classified in two classes viz. Civil and Criminal.
What is a civil case?
The case seeking remedy with reference to the property and other civil rights given under any civil law is said to be civil case.
What is a criminal case?
Criminal case is a case for violation of act prohibited by law for which punishment of impressionment / fine is prescribed.
Can a common man file a case directly without help the of an Advocate?
Yes, there is no provisions in law through which requires engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate.
How much amount is estimated to be paid as various type of fees in a court?
Court fee, Process fee and copying fee are the three main kinds of fee to be paid in courts. Court fee is to be paid under the provisions of Bombay Court Fee Act. For certain matters fixed court fee is required. One may refer Schedule II of the said act to see requirement of fixed court fees. For the purpose of court fee while filing of suits, one has to pay fee as per schedule I of the said Act in which requirement of court fee on the basis of valuation of the matter is given. As regards process fee, it is fee in the form of court fee stamps required to be paid for issuance of various process i.e. Summon,notice, warrant etc. The same is to be paid as per chart given in Civil Manual. Copying fee is the fee required to be paid for getting certified copies of the documents order or judgment. As per instructions contained in chapter XXIX of Civil Manual , copying fee at the rate of Rs.4 per page and Rs.7/- per page is required to be deposited for ordinary and urgent copy respectively.
What are the facilities available for a Poor People to file case?
In order to file or defend any proceeding in court, a person whose annual income does not exceeds Rs.50000'/ (Fifty thousand) is eligible to get free legal aid through District or Taluka Legal Services Authority. Benefits under order XXXIII of Civil procedure Code may also be availed by economically weakers to file or defend any civil proceeding in court. However, prior to it he has to file application seeking permission of the same to do so.
How much time is required to get the result of a case?
Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years. However, one can not expect disposal of case within such period of time. It depends upon response from both the parties, pendency of cases before respective court and circumstances of the case.
If some body mischievously files case against me what action should I take.
In case of criminal matter, you may seek compensation by filing suit for malicious prosecution. However, judgment must contain the findings to the effect that prosecution faced is malicious one. In civil litigation also you may seek compensation. Rules framed by High Court for prevention of Vexatious litigation may also be referred in the civil manual.
To whom a Common man should approach for any help related to court?
At the first instance Registrar of District Court and Superintendent/Assistant Superintendent in courts at taluka level are the head of ministerial staff to whom common man may approach. He may approach to the Judge of the court in the time prescribed for the same. In addition to this, enquiry counter is available in court on which common man may get required information.
How long will it take for a final Judgment after the Case is filed?
Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years. However, one can not expect disposal of case within such period of time. It depends upon response from both the parties, pendency of cases before respective court and circumstances of the case. However, after conclusion of hearing judgment is required to pronounced in courts as early as possible and within15 days and in civil side in no case beyond 2 months, after final arguments are heard. .
Is any standard form available to file a case?
Yes for civil suit standard form is available. The contents as mentioned in order VIII of CPC are required to be incorporated in the plaint. For criminal complaint other than police, no prescribed format is available. Complaint must contain name of court, date of offence, place of offence, mode of commission of crime and prayer and names of witnesses.
Can I file case from home?
No. You can file case in court either personally or through advocate/next friend. After 'E' filing facility is made available, this could be avoided.
Can a person know about the history of a case?
Yes, now a days history of case may be viewed in KIOSK in some of the courts in the State. An attempt to make such facility available in all the courts is being made. The instructions as to how KIOSK ( Touch screen) is to be used are displayed in all the courts where such facility is available. You may also seek such facility.
What is the procedure to get bail?
One has to file application in court for seeking bail in the crime. Bail in bailable offence is a right . However, in the cases arising out of non bailable offence, court has got discretion either to grant or refuse bail. For detailed clarification, you may refer provisions of section 436, to 439 of Criminal procedure code.
How Can I know the status of my case?
Yes, now a days status of case may be viewed in KIOSK in some of the courts in the State. An attempt to make such facility available in all the courts is being made. The instructions as to how KIOSK ( Touch screen) is to be used are displayed in all the courts where such facility is available. In addition to this status may be ascertained by contacting Enquiry Counter in the court. Next date of the case may be ascertained even by making telephonic call in some courts where IVRS( Interactive voice response system) is activited. You may also get such information on court web site.
Do I need to remember my case number always?
It would be better for you to remember number of your case pending in court. However, it is possible to seek history and status of your case alongwith number of the same by name on KIOSK (Touch Screen) and also by approaching enquiry counter in the court.
In case of death of party, how the case proceeds?
Criminal Case stands abated on the death of person/accused involved. However, death will not absolve any person from civil liability. In the event of death, legal representatives of deceased are to be brought on record. 90 days is the period of limitation for the same.Detailed procedure laid down in order XXII of Civil procedure code is to be followed.
If I want to make complaint against advocate, where should I approach?
You have to approach State Bar Council for making complaints against Advocate.
How the case proceeds from filing to disposal?
n case of civil matter, Appearance of other side, Written Statement, Documents , Issues, Settlement of matter, List of witnesses, Evidence, Arguments and Judgment are the stages. In Criminal case, after apperance of accused charge is framed. The prosecution side then will adduce its evidence. After recording statements of accused and hearing arguments judgment will be pronounced. An opportunity of adducing defence evidence will be given to accused if he desires so, after recording statements and before hearing final arguments.
What happens after the case is disposed?
In criminal case, nothing happens if accused is acquitted. If convicted, he will have to undergo sentence imposed, if bail is not granted. In case of civil suit, a party infavour of whom order/judgment is passed will file execution petition seeking execution of relief granted. Aggrieved party is at liberty to file appeal in competent courts of law both in civil and criminal matters. .
Although the court has ordered, I am not getting possession of my property? How to get it?
You have to file execution petition in court for getting possession of property.
Can I plead my own case or my relatives case without advocate?
Yes, there are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.
What is contempt of court?
Contempt is nothing but lowering down prestige of the court. Basically essense of respect towards court is the object behind contempt of courts Act. Concept is defined under sec.2 of the Contempt of Courts Act 1971. Contempts are of two kinds viz. Civil and Criminal. Civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. Criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise)of any matter or the doing of any other act whatsoever which; scandalises, prejudices or interferes the administration of justice in any other manner. (For better clarification one has to refer the provisios of Section 2 of the Contempt of cours Act.
Is there any alternate means by which my dispute could be speedily resolved?
Yes Arbitrtion, conciliation, Judicial settlement including settlement through lok adalat or mediation are the alternative modes for getting your dispute duly resolved.
Is there any facility to get speedy result by paying more money or fees?
No. However matters instituted by or against certain classes of persons, viz. Senior citizens, physically hendicaped persons and over 7 years old cases are to be expediated as per the policy formulated by the High Court and Supreme Court. Similarly maintenance / marriage petition / case under section 138 of N.I. Act are to be speedily disposed off.
I am interested to settle the dispute but the opposite party is not willing what should be done?
You may seek guidance of District or taluka Legal Services Authority to attempt for settlement of dispute. You may keep your case in Lok Adalat.
I have heard about loknyayalaya? What is it?
Its a popular forum for getting your dispute duly settled amicably. Lok Nyalaya is organized in each court periodically. The disputes are placed before panel Judges for negotiation with parties. An attempt to get the same amicably settled is made through it.
I want to learn some thing about law and act? How to go about it?
Truly speaking it is very difficult task to concisely acquaint any body with the concept of law and act. However to define it with few words, we can say that it is rules framed by legislature to regulate various human activities and to maintain law and order in the society.You have to attend various legal literacy camps organized by the courts periodically to know basic knowledge about various laws and Acts. You can learn by reading law books and visiting concern Websites.
How can I avoid my rightful claim being defeated ?
1. Choose a proper forum. 2. Plead all material facts properly. 3. Pay proper court fee. 4. Be deligent in effecting service an opponent in time. 5. Lead best evidence oral and documentary ....
• If I have some complaint can I directly approach to the court?
• What are the basic types of cases?
• What is a civil case?
• What is a criminal case?
• Can a common man file a case directly without help the of an Advocate?
• How much amount is estimated to be paid as various type of fees in a court?
• What are the facilities available for a Poor People to file case?
• How much time is required to get the result of a case?
• If some body mischievously files case against me what action should I take.
• To whom a Common man should approach for any help related to court?
• How long will it take for a final Judgment after the Case is filed?
• Is any standard form available to file a case?
• Can I file case from home?
• Can a person know about the history of a case?
• What is the procedure to get bail?
• How Can I know the status of my case?
• Do I need to remember my case number always?
• In case of death of party, how the case proceeds?
• If I want to make complaint against advocate, where should I approach?
• How the case proceeds from filing to disposal?
• What happens after the case is disposed?
• Although the court has ordered, I am not getting possession of my property? How to get it?
• Can I plead my own case or my relatives case without advocate?
• What is contempt of court?
• Is there any alternate means by which my dispute could be speedily resolved?
• Is there any facility to get speedy result by paying more money or fees?
• I am interested to settle the dispute but the opposite party is not willing what should be done?
• I have heard about loknyayalaya? What is it?
• I want to learn some thing about law and act? How to go about it?
• How can I avoid my rightful claim being defeated ?
If I have some complaint can I directly approach to the court?
Yes, you may directly approach Presiding officer/Judge of the court to submit your complaint on any working day in the court at the time mentioned on the board titled “ Working hours”. However, your complaint must not be an interference in administration of justice..
What are the basic types of cases?
The cases are primarily classified in two classes viz. Civil and Criminal.
What is a civil case?
The case seeking remedy with reference to the property and other civil rights given under any civil law is said to be civil case.
What is a criminal case?
Criminal case is a case for violation of act prohibited by law for which punishment of impressionment / fine is prescribed.
Can a common man file a case directly without help the of an Advocate?
Yes, there is no provisions in law through which requires engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate.
How much amount is estimated to be paid as various type of fees in a court?
Court fee, Process fee and copying fee are the three main kinds of fee to be paid in courts. Court fee is to be paid under the provisions of Bombay Court Fee Act. For certain matters fixed court fee is required. One may refer Schedule II of the said act to see requirement of fixed court fees. For the purpose of court fee while filing of suits, one has to pay fee as per schedule I of the said Act in which requirement of court fee on the basis of valuation of the matter is given. As regards process fee, it is fee in the form of court fee stamps required to be paid for issuance of various process i.e. Summon,notice, warrant etc. The same is to be paid as per chart given in Civil Manual. Copying fee is the fee required to be paid for getting certified copies of the documents order or judgment. As per instructions contained in chapter XXIX of Civil Manual , copying fee at the rate of Rs.4 per page and Rs.7/- per page is required to be deposited for ordinary and urgent copy respectively.
What are the facilities available for a Poor People to file case?
In order to file or defend any proceeding in court, a person whose annual income does not exceeds Rs.50000'/ (Fifty thousand) is eligible to get free legal aid through District or Taluka Legal Services Authority. Benefits under order XXXIII of Civil procedure Code may also be availed by economically weakers to file or defend any civil proceeding in court. However, prior to it he has to file application seeking permission of the same to do so.
How much time is required to get the result of a case?
Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years. However, one can not expect disposal of case within such period of time. It depends upon response from both the parties, pendency of cases before respective court and circumstances of the case.
If some body mischievously files case against me what action should I take.
In case of criminal matter, you may seek compensation by filing suit for malicious prosecution. However, judgment must contain the findings to the effect that prosecution faced is malicious one. In civil litigation also you may seek compensation. Rules framed by High Court for prevention of Vexatious litigation may also be referred in the civil manual.
To whom a Common man should approach for any help related to court?
At the first instance Registrar of District Court and Superintendent/Assistant Superintendent in courts at taluka level are the head of ministerial staff to whom common man may approach. He may approach to the Judge of the court in the time prescribed for the same. In addition to this, enquiry counter is available in court on which common man may get required information.
How long will it take for a final Judgment after the Case is filed?
Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years. However, one can not expect disposal of case within such period of time. It depends upon response from both the parties, pendency of cases before respective court and circumstances of the case. However, after conclusion of hearing judgment is required to pronounced in courts as early as possible and within15 days and in civil side in no case beyond 2 months, after final arguments are heard. .
Is any standard form available to file a case?
Yes for civil suit standard form is available. The contents as mentioned in order VIII of CPC are required to be incorporated in the plaint. For criminal complaint other than police, no prescribed format is available. Complaint must contain name of court, date of offence, place of offence, mode of commission of crime and prayer and names of witnesses.
Can I file case from home?
No. You can file case in court either personally or through advocate/next friend. After 'E' filing facility is made available, this could be avoided.
Can a person know about the history of a case?
Yes, now a days history of case may be viewed in KIOSK in some of the courts in the State. An attempt to make such facility available in all the courts is being made. The instructions as to how KIOSK ( Touch screen) is to be used are displayed in all the courts where such facility is available. You may also seek such facility.
What is the procedure to get bail?
One has to file application in court for seeking bail in the crime. Bail in bailable offence is a right . However, in the cases arising out of non bailable offence, court has got discretion either to grant or refuse bail. For detailed clarification, you may refer provisions of section 436, to 439 of Criminal procedure code.
How Can I know the status of my case?
Yes, now a days status of case may be viewed in KIOSK in some of the courts in the State. An attempt to make such facility available in all the courts is being made. The instructions as to how KIOSK ( Touch screen) is to be used are displayed in all the courts where such facility is available. In addition to this status may be ascertained by contacting Enquiry Counter in the court. Next date of the case may be ascertained even by making telephonic call in some courts where IVRS( Interactive voice response system) is activited. You may also get such information on court web site.
Do I need to remember my case number always?
It would be better for you to remember number of your case pending in court. However, it is possible to seek history and status of your case alongwith number of the same by name on KIOSK (Touch Screen) and also by approaching enquiry counter in the court.
In case of death of party, how the case proceeds?
Criminal Case stands abated on the death of person/accused involved. However, death will not absolve any person from civil liability. In the event of death, legal representatives of deceased are to be brought on record. 90 days is the period of limitation for the same.Detailed procedure laid down in order XXII of Civil procedure code is to be followed.
If I want to make complaint against advocate, where should I approach?
You have to approach State Bar Council for making complaints against Advocate.
How the case proceeds from filing to disposal?
n case of civil matter, Appearance of other side, Written Statement, Documents , Issues, Settlement of matter, List of witnesses, Evidence, Arguments and Judgment are the stages. In Criminal case, after apperance of accused charge is framed. The prosecution side then will adduce its evidence. After recording statements of accused and hearing arguments judgment will be pronounced. An opportunity of adducing defence evidence will be given to accused if he desires so, after recording statements and before hearing final arguments.
What happens after the case is disposed?
In criminal case, nothing happens if accused is acquitted. If convicted, he will have to undergo sentence imposed, if bail is not granted. In case of civil suit, a party infavour of whom order/judgment is passed will file execution petition seeking execution of relief granted. Aggrieved party is at liberty to file appeal in competent courts of law both in civil and criminal matters. .
Although the court has ordered, I am not getting possession of my property? How to get it?
You have to file execution petition in court for getting possession of property.
Can I plead my own case or my relatives case without advocate?
Yes, there are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.
What is contempt of court?
Contempt is nothing but lowering down prestige of the court. Basically essense of respect towards court is the object behind contempt of courts Act. Concept is defined under sec.2 of the Contempt of Courts Act 1971. Contempts are of two kinds viz. Civil and Criminal. Civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. Criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise)of any matter or the doing of any other act whatsoever which; scandalises, prejudices or interferes the administration of justice in any other manner. (For better clarification one has to refer the provisios of Section 2 of the Contempt of cours Act.
Is there any alternate means by which my dispute could be speedily resolved?
Yes Arbitrtion, conciliation, Judicial settlement including settlement through lok adalat or mediation are the alternative modes for getting your dispute duly resolved.
Is there any facility to get speedy result by paying more money or fees?
No. However matters instituted by or against certain classes of persons, viz. Senior citizens, physically hendicaped persons and over 7 years old cases are to be expediated as per the policy formulated by the High Court and Supreme Court. Similarly maintenance / marriage petition / case under section 138 of N.I. Act are to be speedily disposed off.
I am interested to settle the dispute but the opposite party is not willing what should be done?
You may seek guidance of District or taluka Legal Services Authority to attempt for settlement of dispute. You may keep your case in Lok Adalat.
I have heard about loknyayalaya? What is it?
Its a popular forum for getting your dispute duly settled amicably. Lok Nyalaya is organized in each court periodically. The disputes are placed before panel Judges for negotiation with parties. An attempt to get the same amicably settled is made through it.
I want to learn some thing about law and act? How to go about it?
Truly speaking it is very difficult task to concisely acquaint any body with the concept of law and act. However to define it with few words, we can say that it is rules framed by legislature to regulate various human activities and to maintain law and order in the society.You have to attend various legal literacy camps organized by the courts periodically to know basic knowledge about various laws and Acts. You can learn by reading law books and visiting concern Websites.
How can I avoid my rightful claim being defeated ?
1. Choose a proper forum. 2. Plead all material facts properly. 3. Pay proper court fee. 4. Be deligent in effecting service an opponent in time. 5. Lead best evidence oral and documentary ....
Thursday, January 20, 2011
WRIT PROCEEDINGS RULES, 1977
WRIT PROCEEDINGS RULES, 1977
HIGH COURT OF ANDHRA PRADESH
Roc. No. 136/SO/77 : - By virtue of Article 225 of the constitution of India and all other powers hereunto enabling and in supersession of the existing rules, the High Court of Andhra Pradesh hereby makes the following rules to regulate the proceedings under Article 226 of the Constitution :
Rules to regulate proceedings under Articles 226 of the constitution.
1. (a) These rules may be called the Writ Proceedings Rules, 1977.
(b) These rules shall come into force on the 4th day of June, 1977.
(c) These rules shall apply to the petitions, applications and appeals filed on or after the 4th day of June,1977.
2. In these rules the expression ‘Petition shall mean a Writ Petition and the expression “Application” shall mean a Miscellaneous Application.
3.(a) A petition for a direction, order or writ, including a writ of habeas
corpus, mandamus, certiorari, quo warranto or prohibition shall be
by an original petition to be entitiled “Writ Petition No…………of ………… and shall be
filed in the office of the Registrar by the petitioner or his duly authorized advocate or
attorney:
(b) An application shall be entitled Writ Miscellaneous Petition in the Writ Petition.
Provided that any such petition or application to the High Court by a person who is in jail and has not appointed an advocate or an attorney on his behalf, may be presented to the Officer-in-charge of the Jail, who shall forward the petition or application to the High Court without delay.
4. (a) Every such petition shall set out the provision of law under
which it is made and shall contain the following particulars:
(i) The name, description and place of residence of the petitioner.
(ii) The name, description and place of residence of the respondent so far as they can be ascertained: and
(iii) The relief or reliefs sought
(b) The petition shall be signed by the petitioner or his advocate or attorney and the facts relied on by the petitioner shall be verified by an affidavit which shall be filed along with the petition.
1*4A Two or more persons raising common questions of law or persons having a common
cause of action may join in a single writ petition paying a single set of court fees.
5 (a) Every affidavit shall be drawn up in the first person and shall set forth succinctly and in
chronological order all the relevant facts and the grounds for the relief sought. The
statement of facts shall be divided into consecutively numbered paragraphs, each
paragraph being confined as nearly as may be to a distinct portion of the subject.
2* (b) The affidavit shall state:-
(i) the particular right conferred by the provisions of Part III of the Constitution of India sought to be enforced:
(ii) the other purpose for which relief is sought:
(iii) the particular law impugned and how it is not constitutionally valid and whether it is a State Law, Central Law or State and Central Law:
(iv) Whether any alternative remedy for the relief sought is provided for by or under any other law for the time being in force, and whether that remedy has been availed of and if so, with what result, by way of a separate paragraph:
(v) Whether the petitioner had or had not already filed a writ petition in the High Court or instituted any suit or other legal proceedings in any Court of Law or Tribunal either for the same or substantially the same relief on a previous occasion and if he had done so, the particulars of the petition, suit or other proceedings and the result thereof shall also be mentioned in the affidavit, by way of a separate paragraph.
(c) When the deponent speaks to facts within his knowledge he shall do so directly and
positively using the words:
I make oath (or affirm) and say ..................
(d) When a particular fact is not within the deponent’s knowledge, but is stated upon
information the deponent shall use the words I, am informed by (giving the source of
information) and verily believe it to be true and set out the grounds of his belief.
(e) Every affidavit stating any matter of opinion shall show the qualification of the deponent
to express such opinion by referring to his length of experience, acquaintance with or
other means of knowledge of the person or matter as to which the opinion is expressed.
(f) A petition for a Writ of Habeas Corpus shall be accompanied by an affidavit by the
person restrained setting out the nature and circumstances of the restraint:
Provided that where the person restrained is unable owing to the restraint to make the affidavit, the petition shall be accompanied by an affidavit made by some other person acquainted with the facts, which shall state the reason why the person restrained is unable to make the affidavit.
(g) An application shall state the provisions of Law under which it is made and shall not
contain more that one prayer unless the prayers are consequential.
3*6 (a) (1) Every petition shall be accompanied by an affidavit and all the documents serially
numbered as Ex.P-1,p-2 etc. including rules Bye-laws, notifications etc., relied upon by
the petitioner and the order challenged or a certified copy thereof and copies of all
documents which shall be certified by the party filing it to be a true and correct copy of
the original of such documents of it is not a certified copy.
(2) When such petition is directed against the Order of a Quasijudicial nature passed by any Industrial Tribunal, Labour Court, or any other like authority or made in any disciplinary proceedings, by a copy of the award, the report of the Enquiry Officer, the order of the Disciplinary Authority and the Order of the Appellate Authority passed on such Appeal, if any, and shall be marked and serially numbered as mentioned in sub-rule (1) above.
(3) The petition shall be accompanied by as many authenticated copies of the petition, affidavit and the said documents as there are parties to be served and three additional sets for use of the Court. These shall be separately filed as paper books marking each set.
(4) The petition shall also be accompanied by the prescribed Court Fees and Process Fees. The petition, affidavit and its enclosures filed in Court shall be duly stitched book-wise and indexed. The Process papers shall be separately stitched as paper book and filed.
(b) Where the petitioner has already served the authenticated copies of the petition, affidavit and documents on the party against who such petition is filed it shall not be necessary to file copies for them under sub-rule(a) but the petitioner shall make a statement to that effect by an additional affidavit and produce proof of service of the documents.
7 (a) Whenever a petition or application is presented against the Government, or any authority, the copies of the petition: application and the accompanying affidavit and documents shall be served on the Government Pleader or the Standing counsel concerned, and the said petition or the application shall not be accepted in the Registry unless it contains an endorsement of service signed by the Government pleader or the Standing-Counsel concerned, or by the Secretary of the Government Pleaders’ office or by someone authorized by him in this behalf, not below the rank of a Superintendent, or by a Registered Clerk of the Standing Counsel concerned, as the case may be, or by a person so authorized by the Standing Counsel concerned under intimation to this Registry.
(b) Every application for an Interim order shall state whether copies of the petition, affidavit and documents have been served on the opposite party or parties and if served, produce proof thereof, or if not served, state the reason therefor.
8 (a) Every petition or application shall soon after it is numbered, be posted for orders of the Court as to issue of rule nisi or notice to the respondents. The Court may, upon hearing the petitioner or applicant or his advocate, either direct rule nisi or notice to issue and pass such interim orders as it may deem necessary, or reject the petition or application.
Provided that an application for an interim order shall not be posted for orders of court under this sub-rule, unless a period of not less than forty eight hours elapsed between the service of the copy of such application in accordance with Rule 7(a) on the Government Pleader or the Standing Counsel concerned:
Provided further that notwithstanding anything contained in the first proviso, if the applicant files an affidavit stating that the object of obtaining an order would be defeated by the delay of forty-eight hours, the application may be posted for orders of court soon after it is numbered and the court may, if it opines that the object of granting the order would be defeated by the delay of forty-eight hours, pass an order in the absence of the Government Pleader or Standing Counsel concerned recording the reasons for the said opinion, fix a date for hearing and require the applicant to deliver to the Government Pleader or Standing-Counsel concerned a gist of the said order informing the date fixed for hearing and file into court on the day immediately following the day on which the order was passed, proof of its delivery.
(b) In cases where the respondents are the persons other than the Government or any other authority who are represented by the Government Pleader or Standing counsel concerned and where the court is inclined to pass an order against those respondents before serving notice of the petition or application on them, the court may do so recording reasons for so doing and fix a date for hearing requiring the petitioner or applicant to deliver to those respondents, or to send to them by Registered Post, immediately after the order has been made a copy of his petition application and the accompanying affidavit and documents on which he relies and a gist of the said order informing the date fixed for hearing and to file into court on the day immediately following the day on which the said order was passed, proof of such delivery or an affidavit stating that the copies aforesaid have been so sent.
(c) Where it is deemed necessary, the court may instead of directing the issue of rule nisi,
cause a notice to be served on the respondent to show cause why rule nisi should not be issued.
9(1) Where any party against whom an interim order whether by way of injunction or stay or in any other manner, is made on, or in any proceeding relating to, a petition under clause (1) of Article 226 of the Constitution, without –
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order : and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High court is closed on the last day of that period, before the expiry of that period, or , as the case may be, the expiry of the said next day, stand vacated.
(2) The application referred to in sub-rule (1) shall contain an endorsement of its service or the
petitioner or his or her counsel or the respondent shall produce proof such service
separately.
(3) The application referred to in sub-rule (1) shall be numbered as WVMP.
10. (a) Unless the Court otherwise directs the rule nisi together with a copy of the petition, affidavit and documents in support thereof shall be served on the party against whom such a petition is filed or on such other party or person as the court may direct, not less than 14 days before the date fixed for the hearing of the rule nis1. If the rule nisi is returned unserved or is not returned served before the date fixed for the hearing, the petition shall be posted before the Registrar who may give such further directions regarding the steps to be taken for effecting service as may be necessary.
Provided that where a party enters appearance, service of all petitions, affidavits and documents on the advocate or the attorney shall be deemed, to be service on the party for the purpose of these proceedings.
4*(b) Service of rule nisi or notice, shall ordinarily be effected by registered post with acknowledgement due and the party shall deposit in the shape of court fee stamps the amount required for meeting the postal charges subject to a minimum of Rs.20/- for each respondent.
11 (a) In every petition for issue of a writ of Habeas Corpus, the respondent shall on a rule nisi being issued produce the person concerned unless the court for reasons to be recorded in writing dispenses with such production.
(b) On sufficient cause being shown the High Court may during the pendency of a petition for issue of a writ of Habeas Corpus, release the person detained or restrained on bail on such terms and conditions as it may deem fit.
5*12 (i) (a) Every Respondent in every Writ Petition intending to enter appearance and oppose any Writ Petition on which notice is issued by the High Court, shall enter appearance and file a Counter Affidavit in opposition as soon as may be and in any event not later than six months from the date of service of notice in the Writ Petition or the Service of Rule nisi on the said Respondent “unless otherwise directed by the court”.
(b) Reply affidavits shall be filed unless otherwise ordered, within one month of receipt of copy of the Counter Affidavit.
(ii) No Counter affidavit filed beyond six months from the date of service of notice on the
opposite party or parties in the Writ Petition shall be received or be used at the hearing
of the Writ Petition unless the Court permits the Respondent on an application containing
Special reasons to do so.
(iii) Affidavits in opposition and affidavits in reply thereto shall be filed in the Registry along
with authenticated copies of documents on which the party relies duly stitched
book-wise and indexed after service on the opposite party or parties. No such affidavit
shall be entertained after the time extended in sub-rule (ii) without the leave of the Court.
13(a) The copies of documents shall be fairly and neatly type-written on substantial white foolscap paper with an outer margin 2” wide, and inner margin 1 “ wide, and shall be stitched book-wise. The copies of the documents shall be arranged in chronological order. The pages shall be numbered and indexed. The copies of documents filed along with the petition and filed subsequently shall bear consecutive numbering. The copies of the documents shall be certified to be ‘true copies’ by the counsel on record.
(b) While filing the documents the petitioner shall mark his document as ‘P’ series and the Respondent as ‘R’ series. If there are more respondents than one, each respondent shall mark his document as ‘R-1’series, ‘R-2’ series and the like according to his rank among the respondents. The parties shall give continuous page numbers to all the documents filed by them and furnish an index.
14 (a) The following petitions shall be heard by a Bench of two Judges
(i) Petitions for a writ in the nature of Habeas Corpus:
(ii) Petitions relating to Elections under the Representation of the People Act, 1951
(iii) Petitions relating to Income-tax, Gift-tax, Wealth-tax, Estate duty, Sales-tax and Excise Acts and other Allied Acts (State and Central Taxation Cases)
6*(iv) Petitions relating to matters coming within the purview of :-
A.P. Land Grabbing (Prohibition) Act,1982.
Administrative Tribunals Act,1985,
A.P Lokayukta & Upa - Lokayukta Act, 1983 and
The Consumer Protection Act, 1986).
(b) All other petitions shall be posted before a Single Judge who may, if he thinks fit, refer any of them to a Bench of two Judges.
15 The party to the proceedings under the rules shall be entitled to inspect the records called for and relating to the proceedings, on a request made in writing in that behalf to the Government Pleader or the Standing Counsel concerned. If such a request is refused, the party shall be entitled to apply to the court for directions in that behalf.
16 (a) The Court may at any stage of the proceedings, either upon or without any application and on such terms as may appear to be just, order that the name of any party in improperly joined be struck out, and that the name of any person who ought to have been joined or whose presence may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions in the petition, be added.
(b) At the hearting of the petition or application, any person who desires to be heard in opposition to the petition or application and appears to the court to be a proper person to be heard may be heard, subject to such conditions as to costs as the court may deem fit to impose.
17 (a) The memorandum of appeal against an order in a petition or an application shall be in the form prescribed or an appeal under the Letters Patent but will be registered and numbered as a “Writ Appeal”.
(b) An application for an interim order in a writ appeal shall be numbered as a “Writ Appeal Miscellaneous Petition”.
18 Such memorandum shall be accompanied by –
(i) the court fees prescribed therefor:
(ii) proof of service of notice on all the parties who had appeared at the hearing of petition.
(iii) Two typewritten copies of the order appealed against:
(iv) Two additional copies of the memorandum : and
(v) two copies of all other papers on which the appellant intends to rely
19 The appeal shall, as soon as may be after it is numbered, be posted before a Division Bench who may dispose of it at once or adjourn it for further hearing.
20 Where a petitioner unduly delays the bringing of a petition to hearing the Registrar shall call upon him to explain the delay, and after notifying all parties who have entered appearance, place the petition and the explanation if any, before the court for such directions as the court may think fit to give thereon.
21 Unless the court otherwise directs, the direction or order made or the rule absolute issued by the High Court shall be implemented within two months of the receipt of the order.
22 (a) In all proceedings to which these rules apply, the court may make such order as to costs and security as it may consider just and necessary.
7*{(b) In all petitions and appeals under Article 226 and 227 of Constitution of India, and in all appeals arising there from under Clause 15 of Letters Patent the Court shall fix such fees as it considers to be just and proper and irrespective of whether the petition or appeal, as the case may be, as allowed, dismissed or disposed of}
( c) Notwithstanding anything contained in sub-rule (b), where the courts is of the opinion that any party to the proceedings or any other person or authority has made averments false to his knowledge or deliberately suppressed material facts, or mis-represented or indulged in vexatious proceedings, it may award such amount of exemplary costs as it may deem fit in the circumstances of the case, in addition to the costs that may be awarded under clause (b).
23 (a) A party to whom costs have been awarded in a Writ Petition or a Writ Appeal or an application therein may obtain an order of the court for transmission for the purpose of execution, or the order of costs to the court of the District Munsif or to the Court of the Subordinate Judge in the State in whose jurisdiction the party against whom the order is to be executed ordinarily resides or carries on business or has property which can be attached.
(b) An application for such transmission shall be made by a verified Miscellaneous Petition under the title of the Writ Petition or Writ Appeal, in addition to such particulars as may be necessary, and mention the court to which the transmission is sought. It shall also be a accompanied by a copy of the order sought to be transmitted for execution.
(c) A court fee Rs.2 shall be affixed to the Miscellaneous Petition and the applicant shall also pay into court a transmission fee of Rs.4 only in the shape of court fee stamps.
(d) The Registrar shall dispose of a Miscellaneous Petition for transmission. He may in his order provide also for the costs of the Miscellaneous Petition and shall, if he so provides, direct the recovery there of along with the sum recoverable under the order transmitted.
24 All other rules relating to causes and matters coming before the Original Side and Appellate Side of the High court and the provisions of the Code of Civil Procedure, 1908 will apply to the Writ Petitions and the Writ Appeals in so far as they are not inconsistent with these rules.
25 The court may, on an application being made, set-aside an order dismissing for default or an exparte order subject to payment of such costs and such other conditions as it may think fit to impose
26 The forms set out in the Appendix hereto shall be used with suitable modifications wherever necessary.
27. (1) The Rule Nis1 and Notice in the Writ Petition and Writ Miscellaneous Petition respectively or in the Writ Appeal and Writ Appeal Miscellaneous Petition respectively shall be issued to the respondents therein in the Composite Notice Form No.7 set out in the Appendix hereto and the Rule Nis1 and Notice so issued and served shall be treated as sufficient Notice to the respondents of the hearing of writ Petition and Writ Miscellaneous Petition or Writ Appeal and Writ Appeal Miscellaneous Petition, as the case may be.
(2) The following Composite Form No.7 shall be substituted for the existing Form No.7 set out in the Appendix to the Writ Proceedings Rules 1977.
Note:- Rule 27 is newly inserted as per R.O.C. No. 1209/S0/82, dated 16th December 1982 and published in A.P.Gzette, Part II at page 142,dated 10th March 1983.
8* {Rule 28 : Rule for Destruction of the Records in the Writ Petitions and Writ Appeals (vide Appendix I and II}.
Writ Petitions and Writ Appeals.
I Writ Petition:-
PART – I
1. Index
2. Impugned order.
3. Affidavit.
4. Writ Petition.
5. Counter or Counters.
6. Reply Affidavit or Reply Affidavits, if any.
7. Order of the Court, and Docket Order
8. Writ absolute.
PART – II
All Miscellaneous Petitions where only notice was ordered.
Notice papers
Vakalatnama and Memo of Appearance
Implead Petitions, L. R. Petitions.
Petitions for fixing date of hearing and Expedite Petitions
All other Miscellaneous Petitions.
II Writ Appeal:
PART – I
Index
1 Memorandum of grounds of Writ Appeal
2 Judgment in the Writ Appeal.
3 Docket Order, order of the court, if any,
4 Writ absolute.
5 Additional pleadings, if any.
6 Counter Affidavit and reply Affidavit.
PART – II
Implead Petitions. L. R. Petitions and other Miscellaneous Petitions.
Petitions for Interim Orders (draft orders).
Miscellaneous Petitions where only notice was ordered.
Notice papers.
Memo of Appearance.
Expedite Petitions.
Petitions for fixing date of hearing and all other Miscellaneous papers.
In the case of writ Petitions, the Writ Petitions bundle shall be divided into Part-I and Part – II for the purpose of destruction of the records. Part-I shall consist of the impugned order, the affidavit, Writ Petition, Counter or Counters Reply Affidavit or Reply Affidavits, if any and the order of the Court. Part-I records shall be preserved permanently.
Part-II shall consist of the rest of the papers filed in the writ Petitions. Part–II papers shall be destroyed, if no appeal is preferred against the order in the Writ Petition after two years from the date of disposal of the case.
The Writ Appeal bundle shall be divided into two parts, viz., Part-I and Part-II, Part-I shall consist of the Memorandum of Grounds of Writ Appeal, Judgment in the Writ Appeal, and the Writ Absolute and additional pleadings, if any, and it shall be preserved permanently.
Part-II shall consist of the rest of the papers filed in the Writ Appeal and it shall be destroyed if no appeal is preferred against the order in the Writ Appeal, after two years from the date of disposal of the case.
Regarding Miscellaneous Petitions filed in the Writ Petitions, Writ Appeals, only the orders passed in the Miscellaneous Petitions including the docket orders shall be preserved permanently. The rest of the papers filed shall be preserved for a period of one year and thereafter the same can be destroyed.
“One month’s notice of destruction of the records shall be displayed on the Notice-Board of the High Court and also on the Notice – Board of the High court Bar Association”.
N.B.:- The Records in the Writ Petitions, and Writ Appeals which were disposed of prior to 31.12.91 shall be preserved for a period of two months from the date, these Rules come into force and thereafter they can be destroyed. In the cases disposed of during the period from 1.1.1992 till the date these rules come into force, the records shall be destroyed six months after these rules come into force. These Rules shall come into force with effect from 1.11.1993, or the date of publication of the Rules in the Official Gazette, whichever is earlier.
Annexure - I
APPENDIX - I
RULES FOR DESTRUCTION OF RECORDS – UNDER RULE 28 OF THE WRIT PROCEEDINGS RULES, 1977.
Table Showing The Periods Prescribed for the retension
of Various parts of the Records in the writ Petitions and Writ Appeals
Nature of Proceedings
No. of Years for which
Records are to be Retained
Part – I Part – II
(1)
(2)
(3)
WRIT PETITIONS
Index
Impugned order
Affidavit
Writ Petition
Counter or Counters
Reply Affidavit or Reply affidavits, if any.
Order of the Court and Docket order
Writ Absolute
All Miscellaneous Petitions where only notice was ordered
Notice Papers
Vakalatnama and Memo of
Appearance
Implead Petitions, L.R. Petitions
Petitions for fixing date of hearing
and Expedite Petitions
All other Miscellaneous Petitions
Permanent
Do.
Do.
Do.
Do.
Do.
2 years
Do.
Do.
Do.
Do
Do
Annexure – I
APPENDIX - II
Nature of Proceedings
No. of Years for which
Records are to be Retained
Part – I Part – II
(1)
(2)
(3)
WRIT APPEALS
Index
Memorandum of Grounds of Writ Appeal
Judgment in writ Appeal
Docket Order, Order of court, if any.
Writ absolute.
Additional pleadings, if any
Counter Affidavit and Reply Affidavit.
Implead Petitions, L. R. Petitions and other Miscellaneous Petitions
Petition for Interim Order (Draft orders)
Miscellaneous Petitions where only notice was ordered.
Notice papers
Memo of Appearance
Expedite Petitions
Petitions for fixing date of hearing and all other miscellaneous papers
Permanent
Do.
Do.
Do.
Do.
Do.
2 years
Do.
Do.
Do
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APPENDIX-FORMS
FORM NO. 1
Form of Petition
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
Special Original Jurisdiction
Writ Petition No……………….of 19……………..
A.B Petitioner
and
C.D. Respondent
Petition under Article 226 of the Constitution of India
The Petition above-named states as follows:-
1 The petitioner is (give, description and address).
2 The address of the petitioner for service of all notices. The respondent is (give, description and address).
3 For the reasons set out in the affidavit filed herewith, the petitioner prays that (set out the reliefs sought).
(Signed) Petitioner.
(Signed)Attorney/Advocate for Petitioner.
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FORM NO. 2
Order Directing issue of Writ of Habeas Corpus
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERBAD
Day, the ………..……… day of ………………
One thousand nine hundred and
Present:- The Honourable Mr. Justice:
and
The Honourable Mr. Justice:
Writ Petition No. ……………………….of 19 …………….
Between:
.. Petitioner
AND
... Respondent
Petition under Article 226 of the constitution of Indian, praying that in the circumstances set out in the affidavit filed therewith, court may be pleased to issue a writ of Habeas Corpus, etc.
The Petition coming on this day for orders, upon reading the petition, etc., and upon hearing Mr. …………………. for the petitioner, and Mr. ………………………… for the respondent, it is ordered that a Writ of Habeas Corpus, do issue directed to the superintendent, Central Jail, at …………………. requiring him to produce the body of …………….. confined in the said jail, immediately before this court to be dealt with according to law.
Deputy Registrar.
To
1. The Superintendent, Central Jail (in duplicate)
2. The Chief Secretary to the Government of Andhra Pradesh, General Administration
Department, Hyderabad (with covering letter).
3. The District Magistrate ……………………………….
(Docket)
ORDER
Writ Petition No. ………………………..of 19…………………….
Directing the release from custody a detenue in the Central Jail
at ……………………………………………………
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FORM NO. 3
Writ of Habeas Corpus
IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH AT HYDERABAD.
To
The Office-in-charge of Jail / Asylum.
…………………………………
The Superintendent of
……………………………………..
You are hereby directed to produce the body of
now a prisoner in (name Jail)
………………………………………..
now in custody in (Asylum)
Now in your charge, under safe conduct before the High Court of Judicature, Andhra Pradesh, Hydeerabad on …………....(date)…………at
…………………..(hour) in the forenoon of the same day and unless the said ………………… shall then and there be ordered by the said court to be released, cause him to be conveyed back under safe custody to the Jail/Asylum/custody.
Witness the Honourable Mr. ……………………………. Chief
Justice of the High Court of Judicature, Andhra Pradesh: at Hyderabad,
this ……………………………. Day of …………………… in the
year One thousand nine hundred and
Deputy Registrar.
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FORM NO. 4
IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH AT HYDERABAD
Day ………………… the …………………..day of ……………… one thousand nine hundred and
Present:- The Honourable Mr. Justice
And
The Honourable Mr. Justice
Writ Petition No………………………. of 19 …………….
In the matter of ………………… …………………. A detenue in the Central Jail at .. Petitioner.
Petition under Article 226 of the Constitution of India praying that in the circumstances stated therein and in the affidavit filed therewith, the High court will be pleased to issue a Writ of Habeas Corpus for production before the High Court, Andhra Pradesh at Hyderabad, the person of …………………..a detenue in the Central Jail at …………………………. to be dealt with according to law and direct that he/they be set at liberty.
ORDER
This petition coming on for orders/hearing, upon perusing the petition and the affidavit filed in a support thereof and other papers material to this petition, and upon hearing the arguments of Mr.…………………… Advocate for the petitioner, and of Mr. ……………………… for the Public Prosecutor on behalf of the State, it is ordered that ……………….. now a detenue in the Central Jail at ………..under ……………….
(Specify Act) be released forthwith from custody, unless he is liable to be detained in custody for some other cause.
Deputy Registrar,
Assistant Registrar
Dated ………………………
“True copy”
To
1. The Superintendent, Central Jail (in duplicate).
2. The Chief Secretary to the Government of Andhra Pradesh, General Administration
Department, Hyderabad (with covering letter).
3. The District Magistrate. ……………………………………
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FORM No. 5
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD.
Where as this Court has granted a Writ of Habeas Corpus directed
…………………………………..… to ( or other person) having the custody
of ………………………… commanding him to have the body of …………..
………………………. before the said court…….………………………..at
the High Court of Andhra Pradesh at Hyderabad immediately to undergo and
receive all and singular such matters and things as the court shall then and
there consider of concerning him in this behalf:
Now, take notice, that you are hereby required to have the body of the
said ………………………………………… before the said court on the day
of ……………………………19, at the ……………………….hour of in the
fore ( or after) noon. And to make a return to the said writ. Or in default
thereof the said Court will then, or so soon after as counsel can be heard, be
moved for an attachment against you for your contempt in not obeying the
said Writ.
Dated the ………………….day of ………………………19 ……………..
Deputy Registrar
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FORM No. 6
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD.
Day, …………………..the ……………day of……………….one thousand nine hundred and …………………
Present:- The Honourable Mr. Justice
And
The Honourable Mr. Justice
Writ Petition No………………………. of 19 …………….
BETWEEN:
1. Petitioner
And
2 Respondent
Petition praying that in circumstances stated in the affidavit filed therewith, the High Court will be pleased to issue a writ of certiorari calling for the records in ………………… on the file of the …………………. And quash the order therein.
This petition coming for orders, upon perusing the petition, the affidavit filed in support thereof and upon hearing the arguments of Mr………………………. Advocate(s), the petitioner, it is ordered as follows:-
1) that a writ of certiorari nisi returnable do issue to the calling for the records in ………….………. on the file of………..
2) that a rule nisi do issue to the respondent herein directing him to appear before this Court in person or by advocate on …………………….. at 10.30 a.m. and to show cause why this application should not be complied with.
Assistant Registrar.
Dated ………………….16 …………..
ORDER
Writ Petition No. ………. ………… of 19 …………………
Directing issue of a writ of certiorari ……………………….calling
for the records in ……………………… on the file of ……………. and rule nisi to respondent to show cause why this application should not be complied with.
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COMPOSITE FORM NO. 7
IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH : AT HYDERABAD
(Special Original Jurisdiction)
day the ……………………. day of ……………….. ……………………. One thousand
nine hundred and eightly
Writ Petition No. ………………… and Writ Miscellaneous Petition No……………………….Writ Appeal No and Writ Appeal Miscellaneous Petition No…………………………… 19
BETWEEN
Petitioner/Petitioners
……………………………………..
Appellant and Petitioner
And
Respondent in both…
To
Respondent No……………….
Upon motion this day made into this Court by Mr. …………………….. Advocate for the Writ Petitioner/Writ Appellant and the Court being of opinion that the records relating to and touching upon all the matters and contentions raised in the Memorandum of Writ Petition/Writ Appeal a copy of which is annexed hereto, together with the decision therein should be called for and perused; and that the prayer in Writ Miscellaneous Petition/ Writ Appeal Miscellaneous Petition, copies of petition and affidavit of which are annexed hereto may be considered.
IT IS HEREBY COMMANDED
(1) That you, the aforesaid Respondent No………………. do send for our use in High Court of Judicature, Andhra Pradesh at Hyderabad all and singular the said records and others with all things touching the same as fully and perfectly as they have been made by you, and now remain in your custody or power together with this, our writ before the day of ………………. 198……………… and
(2) That if you intend to oppose the Writ Petition and Writ Miscellaneous petition/Writ Appeal and Writ Appeal/Miscellaneous Petition you, the aforesaid Respondent No……….. do appear personally or by Advocate on the day of …………………..198………………… at 10.30 before this Court, show cause why they should not be complied with, and that we may cause further to be done thereon what of right and according to law we shall fit to be done.
Witness the Honourable Mr…………………… Chief Justice of the High Court of Judicature, Andhra Pradesh at Hyderabad, this the day of ……………………… in the year one thousand nine hundred and eighty.
Hearing date ……………
Assistant Registrar
RETURN OF THE WRIT OF CETIORARI ORDER : NISI AND NOTICE IN WRIT MISCELLANEOUS PETITION/WRIT APPEAL MISCELLANEOUS PETITION.
(To be endorsed on this Writ and Rule Nisi and Notice in Writ Miscellaneous Petition/Writ Appeal Miscellaneous Petition)
The Process of the Writ of Certiorari and Writ Miscellaneous Petition/Writ Appeal Miscellaneous Petition whereof mention is within made, with all things touching the same in the several papers hereto annexed as within commended and served on respondent.
The answer of
Date ……………………day of ………………………198
This should be served urgently on the respondent No. ……………. and returned to the High Court.
WRIT AND RULE NISI
W.P. of 19 and W.P.M.P of 19 / W.A.No of 19 and W.A.M.P. No. of 19
Certified that the required conveyance charge and the process fee for the service of the process has been collected. It is requested that the English Translation of the Process Server’s Report, if it is in vernacular may be sent along with the Rule NISI and Notice returned.
Sd/-
Registrar (Admn.)
High Court of Andhra Pradesh,
Hyderabad.
16th December, 1982.
Note:- Form No. 7 is substituted as per ROC No. 1209/SO/82, dated 19the Dec.82 and published in A.P.Gazette Part II, Page 142, dated 16th March, 1983.
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FORM NO. 8
(Writ of Certiorari-Order Absolute)
IN THE HIGH COURT OF JUDCATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
day the ……………………. Day of ……………….. ……………………. One thousand nine hundred and eightly
Writ Petition No. ………………… of 19
BETWEEN:
. .. Petitioner
AND
.. Respondent
This petition, under Article 226 of the constitution of India coming on for further consideration, before the Honourable Mr. Justice ……………..………….. upon perusing the records relating to ………….. comprising in the return to the Writ and Rule Nisi, directed by order of the High Court……………… dated ……………….. and made herein, and upon the arguments of ……………….. Advocate for the petitioner and of …………………. …………. On behalf of the Respondent ………………. And having stood over for consideration till this day it is ordered as follows:-
(1) that the Rule Nisi issued pursuant to the order of the High Court, dated ………….. and made herein, be and hereby is made absolute and that ………………….. and
(2) That the Respondent herein do pay the petitioner the sum of Rs. as and for his costs of this petition.
Memorandum of Costs
Writ Petition No. ………………… of 19
( Petitioner’s (………………) Costs)
Rs. Ps.
Stamp used for the Writ Petition
Stamp for Vekalatnama
Stamp enclosures
Advocate’s Fee
Batta and Postage
..
..
..
..
..
Total...
Witness the Honourable Mr. ……………………….., Chief Justice of the High court of Judicature, Andhra Pradesh at Hyderabad, this …………………….day …………………….in the year one thousand nine hundred and eighty.
Registrar
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FORM NO. 9
Writ of Prohibition
Formal Parts as in Form No.1
Whereby a petition filed in this Court by the aforesaid petitioner it has
been to the notice of this Court, that you, the Respondent aforesaid, have taken
on your file ……………………………………………….. (here describe the
proceedings): and whereas this court is of opinion that you, the respondent, by
reason that (State facts showing want of jurisdiction):
You are hereby prohibited from further proceedings with the said
…………………….
Witness etc.
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FORM NO. 10
ORDER ON PETITION FOR QUO WARRANTO
Formal Parts as in Form No.1
Petition praying that in the circumstances stated therein and in the
affidavit filed therewith the High Court will be pleased to issue a writ of quo
warranto directed to ………………………….. the Respondent above named,
requiring him to show cause by what authority he claims to have use, enjoy
and perform the rights, duties and privileges of the office of ………………….
The petition coming on for orders/hearing this day, upon reading the
petition, etc., upon hearing Mr………………………… for the petitioner and
the said Respondent appearing by Mr…………………………. and entering a
disclaimer to the Quo Warranto this court both order and direct that the said
…………………… the respondent herein shall not intermeddle in any manner
with the said office and this court both further order and declare that the said
office of ………………… is vacant.
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FORM NO. 11
WRIT OF MANDAMUS
Formal Parts as in Form No.1
To
Whereas by section …………………………… of Act (State provision
of law on which the Act required to be done is founded) you are required to
……………….(Specify the Act to be done):
And whereas it has been represented to the Court, that, contrary to the
requirements of the Act, you failed, neglected and refused to …………………
……………………...(State Act refused) in spite of demands made in that
behalf.
You are hereby directed to do (specify the Act) on or before
………………………
Witnesses etc.,
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RULES TO REGULATE THE PROCEEDINGS UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA
ROC No.713/62 B1 : - Under the provisions of Section 122 of the Code of Civil Procedure, 1908 (Central Act V of 1908) the High Court of Andhra Pradesh with the previous approval of the State Government hereby makes the following rules to regulate the proceedings under Article 227 of the Constitution.
RULES
1. Applications under Article 227 of the Constitution shall be in the same form as Civil Revision Petitions presented to the High Court and the Appellate side Rules applicable to the latter shall apply mutatis mutandis to the former except in respect of matters for which special provision is made in these rules.
2. Every such application when examined and found to be in order shall be numbered as a Civil Revision Petition and posted for admission before the Single Judge dealing with Writ Petitions. The Judge may if he thinks fit refer it to a Bench of Two Judges:
Provided that the Chief Justice may direct any application under Article 227 to be posted before a Bench of two Judges.
3 (a) In all proceedings under Article 227 the court may make such order as to costs and security
as it may consider just and necessary.
(b) Where costs are awarded to a party such costs may include the court fees paid on the application and other documents the costs of making copies of application affidavit etc., which are furnished to the court and which are required to be served on the opposite party or parties and the advocate’s fees allowed by the Court. The Court hearing the application shall fix the advocate’s fees which shall be subject to a minimum of Rs. 50 and a maximum of Rs.250.
4 (a) A party to whom costs have been awarded in an application under Article 227 may obtain in order of the Court for transmission for the purpose of execution of the order of costs to the Court of Tribunal in which the proceedings originally started and if such court or tribunal has no machinery for the enforcement of its decrees or orders to the court of the District Munsif with in local limits of whose Jurisdiction the party against whom the order is to be executed resides or carries on business or has property which can be attached.
(b) An application for such transmission shall be made by a verified petition under the cause title of the Civil revision Petition in which the order for costs was passed and shall in addition to such particulars as may be necessary mention the court or Tribunal to which the transmission is sought. It shall also be a accompanied by a copy of the order sought to be transmitted.
(c ) A court – fee stamp of Rs.2 shall be affixed to the application for transmission and the applicant shall also pay into court a transmission fee of 0-75 Paise only.
(d) The Registrar shall dispose of an application for transmission. He may in his order provide for the costs of the application and shall, if he so provides, direct the recovery thereof along with the sum recoverable under the order transmitted.
-ooOoo-
1* Rule 4-A Incorporated by R.O.C. No.92/SO/86 dt 19.03.86 Published in R.S to Part II A.P. Gazette No.8 dt.10.04.86.
2* Substituted by ROC No.881/SO/80 Vide R.S. TO Part II A.P.Gazette dt. 12.03.1981.
3* Rule 6 (a)(1) to (4) substituted in place of existing rule 6 (a),vide ROC No. 2097/SO/92 dt.oct.93 and
R.S. to Part . II (Ext) A.P. Gazette No.34 dt.4.11.1993.
4* Rs.20/- Substituted for Rs.13/- in Rule 10(b) vide Roc No.523/SO/98 dt. 27.02.99, Published in R.S.
to Part II (Ext.) A.P. Gazette No. 3 dt. 3.3.99.
5* Rule 12 (i) to (iii) is substituted in place of existing Rule 12 vide ROC No. 1438/SO/93 dt. 18.03.94,
Published in R.S. to Part . II (Ext.), A.P. Gazette No. 6 dt. 21.03.1994.
6* Sub-Clause (iv) to Clause (a) of rule 14 is inserted vide ROC No . 1960/SO/9A3 dt. 29.11.1993, Published in A.P. Gazette No. 26 Part. II.
7* Sub-rule (b) of Rule 22 is substituted for the existing sub-rule (b) vide ROC No. 102/SO/92 dt. 10.03.1992
8* Rule 28 is added and amended by ROC No. 1569/SO/92 dt. 17.01.1994 Published in R.S. to Part II
(Ext.), A.P. Gazette No. 3 dt. 04.02.1994.
Copyright © 2004-2005 High Court of Andhra Pradesh, Hyderabad. All Rights Reserved.
HIGH COURT OF ANDHRA PRADESH
Roc. No. 136/SO/77 : - By virtue of Article 225 of the constitution of India and all other powers hereunto enabling and in supersession of the existing rules, the High Court of Andhra Pradesh hereby makes the following rules to regulate the proceedings under Article 226 of the Constitution :
Rules to regulate proceedings under Articles 226 of the constitution.
1. (a) These rules may be called the Writ Proceedings Rules, 1977.
(b) These rules shall come into force on the 4th day of June, 1977.
(c) These rules shall apply to the petitions, applications and appeals filed on or after the 4th day of June,1977.
2. In these rules the expression ‘Petition shall mean a Writ Petition and the expression “Application” shall mean a Miscellaneous Application.
3.(a) A petition for a direction, order or writ, including a writ of habeas
corpus, mandamus, certiorari, quo warranto or prohibition shall be
by an original petition to be entitiled “Writ Petition No…………of ………… and shall be
filed in the office of the Registrar by the petitioner or his duly authorized advocate or
attorney:
(b) An application shall be entitled Writ Miscellaneous Petition in the Writ Petition.
Provided that any such petition or application to the High Court by a person who is in jail and has not appointed an advocate or an attorney on his behalf, may be presented to the Officer-in-charge of the Jail, who shall forward the petition or application to the High Court without delay.
4. (a) Every such petition shall set out the provision of law under
which it is made and shall contain the following particulars:
(i) The name, description and place of residence of the petitioner.
(ii) The name, description and place of residence of the respondent so far as they can be ascertained: and
(iii) The relief or reliefs sought
(b) The petition shall be signed by the petitioner or his advocate or attorney and the facts relied on by the petitioner shall be verified by an affidavit which shall be filed along with the petition.
1*4A Two or more persons raising common questions of law or persons having a common
cause of action may join in a single writ petition paying a single set of court fees.
5 (a) Every affidavit shall be drawn up in the first person and shall set forth succinctly and in
chronological order all the relevant facts and the grounds for the relief sought. The
statement of facts shall be divided into consecutively numbered paragraphs, each
paragraph being confined as nearly as may be to a distinct portion of the subject.
2* (b) The affidavit shall state:-
(i) the particular right conferred by the provisions of Part III of the Constitution of India sought to be enforced:
(ii) the other purpose for which relief is sought:
(iii) the particular law impugned and how it is not constitutionally valid and whether it is a State Law, Central Law or State and Central Law:
(iv) Whether any alternative remedy for the relief sought is provided for by or under any other law for the time being in force, and whether that remedy has been availed of and if so, with what result, by way of a separate paragraph:
(v) Whether the petitioner had or had not already filed a writ petition in the High Court or instituted any suit or other legal proceedings in any Court of Law or Tribunal either for the same or substantially the same relief on a previous occasion and if he had done so, the particulars of the petition, suit or other proceedings and the result thereof shall also be mentioned in the affidavit, by way of a separate paragraph.
(c) When the deponent speaks to facts within his knowledge he shall do so directly and
positively using the words:
I make oath (or affirm) and say ..................
(d) When a particular fact is not within the deponent’s knowledge, but is stated upon
information the deponent shall use the words I, am informed by (giving the source of
information) and verily believe it to be true and set out the grounds of his belief.
(e) Every affidavit stating any matter of opinion shall show the qualification of the deponent
to express such opinion by referring to his length of experience, acquaintance with or
other means of knowledge of the person or matter as to which the opinion is expressed.
(f) A petition for a Writ of Habeas Corpus shall be accompanied by an affidavit by the
person restrained setting out the nature and circumstances of the restraint:
Provided that where the person restrained is unable owing to the restraint to make the affidavit, the petition shall be accompanied by an affidavit made by some other person acquainted with the facts, which shall state the reason why the person restrained is unable to make the affidavit.
(g) An application shall state the provisions of Law under which it is made and shall not
contain more that one prayer unless the prayers are consequential.
3*6 (a) (1) Every petition shall be accompanied by an affidavit and all the documents serially
numbered as Ex.P-1,p-2 etc. including rules Bye-laws, notifications etc., relied upon by
the petitioner and the order challenged or a certified copy thereof and copies of all
documents which shall be certified by the party filing it to be a true and correct copy of
the original of such documents of it is not a certified copy.
(2) When such petition is directed against the Order of a Quasijudicial nature passed by any Industrial Tribunal, Labour Court, or any other like authority or made in any disciplinary proceedings, by a copy of the award, the report of the Enquiry Officer, the order of the Disciplinary Authority and the Order of the Appellate Authority passed on such Appeal, if any, and shall be marked and serially numbered as mentioned in sub-rule (1) above.
(3) The petition shall be accompanied by as many authenticated copies of the petition, affidavit and the said documents as there are parties to be served and three additional sets for use of the Court. These shall be separately filed as paper books marking each set.
(4) The petition shall also be accompanied by the prescribed Court Fees and Process Fees. The petition, affidavit and its enclosures filed in Court shall be duly stitched book-wise and indexed. The Process papers shall be separately stitched as paper book and filed.
(b) Where the petitioner has already served the authenticated copies of the petition, affidavit and documents on the party against who such petition is filed it shall not be necessary to file copies for them under sub-rule(a) but the petitioner shall make a statement to that effect by an additional affidavit and produce proof of service of the documents.
7 (a) Whenever a petition or application is presented against the Government, or any authority, the copies of the petition: application and the accompanying affidavit and documents shall be served on the Government Pleader or the Standing counsel concerned, and the said petition or the application shall not be accepted in the Registry unless it contains an endorsement of service signed by the Government pleader or the Standing-Counsel concerned, or by the Secretary of the Government Pleaders’ office or by someone authorized by him in this behalf, not below the rank of a Superintendent, or by a Registered Clerk of the Standing Counsel concerned, as the case may be, or by a person so authorized by the Standing Counsel concerned under intimation to this Registry.
(b) Every application for an Interim order shall state whether copies of the petition, affidavit and documents have been served on the opposite party or parties and if served, produce proof thereof, or if not served, state the reason therefor.
8 (a) Every petition or application shall soon after it is numbered, be posted for orders of the Court as to issue of rule nisi or notice to the respondents. The Court may, upon hearing the petitioner or applicant or his advocate, either direct rule nisi or notice to issue and pass such interim orders as it may deem necessary, or reject the petition or application.
Provided that an application for an interim order shall not be posted for orders of court under this sub-rule, unless a period of not less than forty eight hours elapsed between the service of the copy of such application in accordance with Rule 7(a) on the Government Pleader or the Standing Counsel concerned:
Provided further that notwithstanding anything contained in the first proviso, if the applicant files an affidavit stating that the object of obtaining an order would be defeated by the delay of forty-eight hours, the application may be posted for orders of court soon after it is numbered and the court may, if it opines that the object of granting the order would be defeated by the delay of forty-eight hours, pass an order in the absence of the Government Pleader or Standing Counsel concerned recording the reasons for the said opinion, fix a date for hearing and require the applicant to deliver to the Government Pleader or Standing-Counsel concerned a gist of the said order informing the date fixed for hearing and file into court on the day immediately following the day on which the order was passed, proof of its delivery.
(b) In cases where the respondents are the persons other than the Government or any other authority who are represented by the Government Pleader or Standing counsel concerned and where the court is inclined to pass an order against those respondents before serving notice of the petition or application on them, the court may do so recording reasons for so doing and fix a date for hearing requiring the petitioner or applicant to deliver to those respondents, or to send to them by Registered Post, immediately after the order has been made a copy of his petition application and the accompanying affidavit and documents on which he relies and a gist of the said order informing the date fixed for hearing and to file into court on the day immediately following the day on which the said order was passed, proof of such delivery or an affidavit stating that the copies aforesaid have been so sent.
(c) Where it is deemed necessary, the court may instead of directing the issue of rule nisi,
cause a notice to be served on the respondent to show cause why rule nisi should not be issued.
9(1) Where any party against whom an interim order whether by way of injunction or stay or in any other manner, is made on, or in any proceeding relating to, a petition under clause (1) of Article 226 of the Constitution, without –
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order : and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High court is closed on the last day of that period, before the expiry of that period, or , as the case may be, the expiry of the said next day, stand vacated.
(2) The application referred to in sub-rule (1) shall contain an endorsement of its service or the
petitioner or his or her counsel or the respondent shall produce proof such service
separately.
(3) The application referred to in sub-rule (1) shall be numbered as WVMP.
10. (a) Unless the Court otherwise directs the rule nisi together with a copy of the petition, affidavit and documents in support thereof shall be served on the party against whom such a petition is filed or on such other party or person as the court may direct, not less than 14 days before the date fixed for the hearing of the rule nis1. If the rule nisi is returned unserved or is not returned served before the date fixed for the hearing, the petition shall be posted before the Registrar who may give such further directions regarding the steps to be taken for effecting service as may be necessary.
Provided that where a party enters appearance, service of all petitions, affidavits and documents on the advocate or the attorney shall be deemed, to be service on the party for the purpose of these proceedings.
4*(b) Service of rule nisi or notice, shall ordinarily be effected by registered post with acknowledgement due and the party shall deposit in the shape of court fee stamps the amount required for meeting the postal charges subject to a minimum of Rs.20/- for each respondent.
11 (a) In every petition for issue of a writ of Habeas Corpus, the respondent shall on a rule nisi being issued produce the person concerned unless the court for reasons to be recorded in writing dispenses with such production.
(b) On sufficient cause being shown the High Court may during the pendency of a petition for issue of a writ of Habeas Corpus, release the person detained or restrained on bail on such terms and conditions as it may deem fit.
5*12 (i) (a) Every Respondent in every Writ Petition intending to enter appearance and oppose any Writ Petition on which notice is issued by the High Court, shall enter appearance and file a Counter Affidavit in opposition as soon as may be and in any event not later than six months from the date of service of notice in the Writ Petition or the Service of Rule nisi on the said Respondent “unless otherwise directed by the court”.
(b) Reply affidavits shall be filed unless otherwise ordered, within one month of receipt of copy of the Counter Affidavit.
(ii) No Counter affidavit filed beyond six months from the date of service of notice on the
opposite party or parties in the Writ Petition shall be received or be used at the hearing
of the Writ Petition unless the Court permits the Respondent on an application containing
Special reasons to do so.
(iii) Affidavits in opposition and affidavits in reply thereto shall be filed in the Registry along
with authenticated copies of documents on which the party relies duly stitched
book-wise and indexed after service on the opposite party or parties. No such affidavit
shall be entertained after the time extended in sub-rule (ii) without the leave of the Court.
13(a) The copies of documents shall be fairly and neatly type-written on substantial white foolscap paper with an outer margin 2” wide, and inner margin 1 “ wide, and shall be stitched book-wise. The copies of the documents shall be arranged in chronological order. The pages shall be numbered and indexed. The copies of documents filed along with the petition and filed subsequently shall bear consecutive numbering. The copies of the documents shall be certified to be ‘true copies’ by the counsel on record.
(b) While filing the documents the petitioner shall mark his document as ‘P’ series and the Respondent as ‘R’ series. If there are more respondents than one, each respondent shall mark his document as ‘R-1’series, ‘R-2’ series and the like according to his rank among the respondents. The parties shall give continuous page numbers to all the documents filed by them and furnish an index.
14 (a) The following petitions shall be heard by a Bench of two Judges
(i) Petitions for a writ in the nature of Habeas Corpus:
(ii) Petitions relating to Elections under the Representation of the People Act, 1951
(iii) Petitions relating to Income-tax, Gift-tax, Wealth-tax, Estate duty, Sales-tax and Excise Acts and other Allied Acts (State and Central Taxation Cases)
6*(iv) Petitions relating to matters coming within the purview of :-
A.P. Land Grabbing (Prohibition) Act,1982.
Administrative Tribunals Act,1985,
A.P Lokayukta & Upa - Lokayukta Act, 1983 and
The Consumer Protection Act, 1986).
(b) All other petitions shall be posted before a Single Judge who may, if he thinks fit, refer any of them to a Bench of two Judges.
15 The party to the proceedings under the rules shall be entitled to inspect the records called for and relating to the proceedings, on a request made in writing in that behalf to the Government Pleader or the Standing Counsel concerned. If such a request is refused, the party shall be entitled to apply to the court for directions in that behalf.
16 (a) The Court may at any stage of the proceedings, either upon or without any application and on such terms as may appear to be just, order that the name of any party in improperly joined be struck out, and that the name of any person who ought to have been joined or whose presence may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions in the petition, be added.
(b) At the hearting of the petition or application, any person who desires to be heard in opposition to the petition or application and appears to the court to be a proper person to be heard may be heard, subject to such conditions as to costs as the court may deem fit to impose.
17 (a) The memorandum of appeal against an order in a petition or an application shall be in the form prescribed or an appeal under the Letters Patent but will be registered and numbered as a “Writ Appeal”.
(b) An application for an interim order in a writ appeal shall be numbered as a “Writ Appeal Miscellaneous Petition”.
18 Such memorandum shall be accompanied by –
(i) the court fees prescribed therefor:
(ii) proof of service of notice on all the parties who had appeared at the hearing of petition.
(iii) Two typewritten copies of the order appealed against:
(iv) Two additional copies of the memorandum : and
(v) two copies of all other papers on which the appellant intends to rely
19 The appeal shall, as soon as may be after it is numbered, be posted before a Division Bench who may dispose of it at once or adjourn it for further hearing.
20 Where a petitioner unduly delays the bringing of a petition to hearing the Registrar shall call upon him to explain the delay, and after notifying all parties who have entered appearance, place the petition and the explanation if any, before the court for such directions as the court may think fit to give thereon.
21 Unless the court otherwise directs, the direction or order made or the rule absolute issued by the High Court shall be implemented within two months of the receipt of the order.
22 (a) In all proceedings to which these rules apply, the court may make such order as to costs and security as it may consider just and necessary.
7*{(b) In all petitions and appeals under Article 226 and 227 of Constitution of India, and in all appeals arising there from under Clause 15 of Letters Patent the Court shall fix such fees as it considers to be just and proper and irrespective of whether the petition or appeal, as the case may be, as allowed, dismissed or disposed of}
( c) Notwithstanding anything contained in sub-rule (b), where the courts is of the opinion that any party to the proceedings or any other person or authority has made averments false to his knowledge or deliberately suppressed material facts, or mis-represented or indulged in vexatious proceedings, it may award such amount of exemplary costs as it may deem fit in the circumstances of the case, in addition to the costs that may be awarded under clause (b).
23 (a) A party to whom costs have been awarded in a Writ Petition or a Writ Appeal or an application therein may obtain an order of the court for transmission for the purpose of execution, or the order of costs to the court of the District Munsif or to the Court of the Subordinate Judge in the State in whose jurisdiction the party against whom the order is to be executed ordinarily resides or carries on business or has property which can be attached.
(b) An application for such transmission shall be made by a verified Miscellaneous Petition under the title of the Writ Petition or Writ Appeal, in addition to such particulars as may be necessary, and mention the court to which the transmission is sought. It shall also be a accompanied by a copy of the order sought to be transmitted for execution.
(c) A court fee Rs.2 shall be affixed to the Miscellaneous Petition and the applicant shall also pay into court a transmission fee of Rs.4 only in the shape of court fee stamps.
(d) The Registrar shall dispose of a Miscellaneous Petition for transmission. He may in his order provide also for the costs of the Miscellaneous Petition and shall, if he so provides, direct the recovery there of along with the sum recoverable under the order transmitted.
24 All other rules relating to causes and matters coming before the Original Side and Appellate Side of the High court and the provisions of the Code of Civil Procedure, 1908 will apply to the Writ Petitions and the Writ Appeals in so far as they are not inconsistent with these rules.
25 The court may, on an application being made, set-aside an order dismissing for default or an exparte order subject to payment of such costs and such other conditions as it may think fit to impose
26 The forms set out in the Appendix hereto shall be used with suitable modifications wherever necessary.
27. (1) The Rule Nis1 and Notice in the Writ Petition and Writ Miscellaneous Petition respectively or in the Writ Appeal and Writ Appeal Miscellaneous Petition respectively shall be issued to the respondents therein in the Composite Notice Form No.7 set out in the Appendix hereto and the Rule Nis1 and Notice so issued and served shall be treated as sufficient Notice to the respondents of the hearing of writ Petition and Writ Miscellaneous Petition or Writ Appeal and Writ Appeal Miscellaneous Petition, as the case may be.
(2) The following Composite Form No.7 shall be substituted for the existing Form No.7 set out in the Appendix to the Writ Proceedings Rules 1977.
Note:- Rule 27 is newly inserted as per R.O.C. No. 1209/S0/82, dated 16th December 1982 and published in A.P.Gzette, Part II at page 142,dated 10th March 1983.
8* {Rule 28 : Rule for Destruction of the Records in the Writ Petitions and Writ Appeals (vide Appendix I and II}.
Writ Petitions and Writ Appeals.
I Writ Petition:-
PART – I
1. Index
2. Impugned order.
3. Affidavit.
4. Writ Petition.
5. Counter or Counters.
6. Reply Affidavit or Reply Affidavits, if any.
7. Order of the Court, and Docket Order
8. Writ absolute.
PART – II
All Miscellaneous Petitions where only notice was ordered.
Notice papers
Vakalatnama and Memo of Appearance
Implead Petitions, L. R. Petitions.
Petitions for fixing date of hearing and Expedite Petitions
All other Miscellaneous Petitions.
II Writ Appeal:
PART – I
Index
1 Memorandum of grounds of Writ Appeal
2 Judgment in the Writ Appeal.
3 Docket Order, order of the court, if any,
4 Writ absolute.
5 Additional pleadings, if any.
6 Counter Affidavit and reply Affidavit.
PART – II
Implead Petitions. L. R. Petitions and other Miscellaneous Petitions.
Petitions for Interim Orders (draft orders).
Miscellaneous Petitions where only notice was ordered.
Notice papers.
Memo of Appearance.
Expedite Petitions.
Petitions for fixing date of hearing and all other Miscellaneous papers.
In the case of writ Petitions, the Writ Petitions bundle shall be divided into Part-I and Part – II for the purpose of destruction of the records. Part-I shall consist of the impugned order, the affidavit, Writ Petition, Counter or Counters Reply Affidavit or Reply Affidavits, if any and the order of the Court. Part-I records shall be preserved permanently.
Part-II shall consist of the rest of the papers filed in the writ Petitions. Part–II papers shall be destroyed, if no appeal is preferred against the order in the Writ Petition after two years from the date of disposal of the case.
The Writ Appeal bundle shall be divided into two parts, viz., Part-I and Part-II, Part-I shall consist of the Memorandum of Grounds of Writ Appeal, Judgment in the Writ Appeal, and the Writ Absolute and additional pleadings, if any, and it shall be preserved permanently.
Part-II shall consist of the rest of the papers filed in the Writ Appeal and it shall be destroyed if no appeal is preferred against the order in the Writ Appeal, after two years from the date of disposal of the case.
Regarding Miscellaneous Petitions filed in the Writ Petitions, Writ Appeals, only the orders passed in the Miscellaneous Petitions including the docket orders shall be preserved permanently. The rest of the papers filed shall be preserved for a period of one year and thereafter the same can be destroyed.
“One month’s notice of destruction of the records shall be displayed on the Notice-Board of the High Court and also on the Notice – Board of the High court Bar Association”.
N.B.:- The Records in the Writ Petitions, and Writ Appeals which were disposed of prior to 31.12.91 shall be preserved for a period of two months from the date, these Rules come into force and thereafter they can be destroyed. In the cases disposed of during the period from 1.1.1992 till the date these rules come into force, the records shall be destroyed six months after these rules come into force. These Rules shall come into force with effect from 1.11.1993, or the date of publication of the Rules in the Official Gazette, whichever is earlier.
Annexure - I
APPENDIX - I
RULES FOR DESTRUCTION OF RECORDS – UNDER RULE 28 OF THE WRIT PROCEEDINGS RULES, 1977.
Table Showing The Periods Prescribed for the retension
of Various parts of the Records in the writ Petitions and Writ Appeals
Nature of Proceedings
No. of Years for which
Records are to be Retained
Part – I Part – II
(1)
(2)
(3)
WRIT PETITIONS
Index
Impugned order
Affidavit
Writ Petition
Counter or Counters
Reply Affidavit or Reply affidavits, if any.
Order of the Court and Docket order
Writ Absolute
All Miscellaneous Petitions where only notice was ordered
Notice Papers
Vakalatnama and Memo of
Appearance
Implead Petitions, L.R. Petitions
Petitions for fixing date of hearing
and Expedite Petitions
All other Miscellaneous Petitions
Permanent
Do.
Do.
Do.
Do.
Do.
2 years
Do.
Do.
Do.
Do
Do
Annexure – I
APPENDIX - II
Nature of Proceedings
No. of Years for which
Records are to be Retained
Part – I Part – II
(1)
(2)
(3)
WRIT APPEALS
Index
Memorandum of Grounds of Writ Appeal
Judgment in writ Appeal
Docket Order, Order of court, if any.
Writ absolute.
Additional pleadings, if any
Counter Affidavit and Reply Affidavit.
Implead Petitions, L. R. Petitions and other Miscellaneous Petitions
Petition for Interim Order (Draft orders)
Miscellaneous Petitions where only notice was ordered.
Notice papers
Memo of Appearance
Expedite Petitions
Petitions for fixing date of hearing and all other miscellaneous papers
Permanent
Do.
Do.
Do.
Do.
Do.
2 years
Do.
Do.
Do
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APPENDIX-FORMS
FORM NO. 1
Form of Petition
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
Special Original Jurisdiction
Writ Petition No……………….of 19……………..
A.B Petitioner
and
C.D. Respondent
Petition under Article 226 of the Constitution of India
The Petition above-named states as follows:-
1 The petitioner is (give, description and address).
2 The address of the petitioner for service of all notices. The respondent is (give, description and address).
3 For the reasons set out in the affidavit filed herewith, the petitioner prays that (set out the reliefs sought).
(Signed) Petitioner.
(Signed)Attorney/Advocate for Petitioner.
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FORM NO. 2
Order Directing issue of Writ of Habeas Corpus
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERBAD
Day, the ………..……… day of ………………
One thousand nine hundred and
Present:- The Honourable Mr. Justice:
and
The Honourable Mr. Justice:
Writ Petition No. ……………………….of 19 …………….
Between:
.. Petitioner
AND
... Respondent
Petition under Article 226 of the constitution of Indian, praying that in the circumstances set out in the affidavit filed therewith, court may be pleased to issue a writ of Habeas Corpus, etc.
The Petition coming on this day for orders, upon reading the petition, etc., and upon hearing Mr. …………………. for the petitioner, and Mr. ………………………… for the respondent, it is ordered that a Writ of Habeas Corpus, do issue directed to the superintendent, Central Jail, at …………………. requiring him to produce the body of …………….. confined in the said jail, immediately before this court to be dealt with according to law.
Deputy Registrar.
To
1. The Superintendent, Central Jail (in duplicate)
2. The Chief Secretary to the Government of Andhra Pradesh, General Administration
Department, Hyderabad (with covering letter).
3. The District Magistrate ……………………………….
(Docket)
ORDER
Writ Petition No. ………………………..of 19…………………….
Directing the release from custody a detenue in the Central Jail
at ……………………………………………………
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FORM NO. 3
Writ of Habeas Corpus
IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH AT HYDERABAD.
To
The Office-in-charge of Jail / Asylum.
…………………………………
The Superintendent of
……………………………………..
You are hereby directed to produce the body of
now a prisoner in (name Jail)
………………………………………..
now in custody in (Asylum)
Now in your charge, under safe conduct before the High Court of Judicature, Andhra Pradesh, Hydeerabad on …………....(date)…………at
…………………..(hour) in the forenoon of the same day and unless the said ………………… shall then and there be ordered by the said court to be released, cause him to be conveyed back under safe custody to the Jail/Asylum/custody.
Witness the Honourable Mr. ……………………………. Chief
Justice of the High Court of Judicature, Andhra Pradesh: at Hyderabad,
this ……………………………. Day of …………………… in the
year One thousand nine hundred and
Deputy Registrar.
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FORM NO. 4
IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH AT HYDERABAD
Day ………………… the …………………..day of ……………… one thousand nine hundred and
Present:- The Honourable Mr. Justice
And
The Honourable Mr. Justice
Writ Petition No………………………. of 19 …………….
In the matter of ………………… …………………. A detenue in the Central Jail at .. Petitioner.
Petition under Article 226 of the Constitution of India praying that in the circumstances stated therein and in the affidavit filed therewith, the High court will be pleased to issue a Writ of Habeas Corpus for production before the High Court, Andhra Pradesh at Hyderabad, the person of …………………..a detenue in the Central Jail at …………………………. to be dealt with according to law and direct that he/they be set at liberty.
ORDER
This petition coming on for orders/hearing, upon perusing the petition and the affidavit filed in a support thereof and other papers material to this petition, and upon hearing the arguments of Mr.…………………… Advocate for the petitioner, and of Mr. ……………………… for the Public Prosecutor on behalf of the State, it is ordered that ……………….. now a detenue in the Central Jail at ………..under ……………….
(Specify Act) be released forthwith from custody, unless he is liable to be detained in custody for some other cause.
Deputy Registrar,
Assistant Registrar
Dated ………………………
“True copy”
To
1. The Superintendent, Central Jail (in duplicate).
2. The Chief Secretary to the Government of Andhra Pradesh, General Administration
Department, Hyderabad (with covering letter).
3. The District Magistrate. ……………………………………
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FORM No. 5
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD.
Where as this Court has granted a Writ of Habeas Corpus directed
…………………………………..… to ( or other person) having the custody
of ………………………… commanding him to have the body of …………..
………………………. before the said court…….………………………..at
the High Court of Andhra Pradesh at Hyderabad immediately to undergo and
receive all and singular such matters and things as the court shall then and
there consider of concerning him in this behalf:
Now, take notice, that you are hereby required to have the body of the
said ………………………………………… before the said court on the day
of ……………………………19, at the ……………………….hour of in the
fore ( or after) noon. And to make a return to the said writ. Or in default
thereof the said Court will then, or so soon after as counsel can be heard, be
moved for an attachment against you for your contempt in not obeying the
said Writ.
Dated the ………………….day of ………………………19 ……………..
Deputy Registrar
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FORM No. 6
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD.
Day, …………………..the ……………day of……………….one thousand nine hundred and …………………
Present:- The Honourable Mr. Justice
And
The Honourable Mr. Justice
Writ Petition No………………………. of 19 …………….
BETWEEN:
1. Petitioner
And
2 Respondent
Petition praying that in circumstances stated in the affidavit filed therewith, the High Court will be pleased to issue a writ of certiorari calling for the records in ………………… on the file of the …………………. And quash the order therein.
This petition coming for orders, upon perusing the petition, the affidavit filed in support thereof and upon hearing the arguments of Mr………………………. Advocate(s), the petitioner, it is ordered as follows:-
1) that a writ of certiorari nisi returnable do issue to the calling for the records in ………….………. on the file of………..
2) that a rule nisi do issue to the respondent herein directing him to appear before this Court in person or by advocate on …………………….. at 10.30 a.m. and to show cause why this application should not be complied with.
Assistant Registrar.
Dated ………………….16 …………..
ORDER
Writ Petition No. ………. ………… of 19 …………………
Directing issue of a writ of certiorari ……………………….calling
for the records in ……………………… on the file of ……………. and rule nisi to respondent to show cause why this application should not be complied with.
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COMPOSITE FORM NO. 7
IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESH : AT HYDERABAD
(Special Original Jurisdiction)
day the ……………………. day of ……………….. ……………………. One thousand
nine hundred and eightly
Writ Petition No. ………………… and Writ Miscellaneous Petition No……………………….Writ Appeal No and Writ Appeal Miscellaneous Petition No…………………………… 19
BETWEEN
Petitioner/Petitioners
……………………………………..
Appellant and Petitioner
And
Respondent in both…
To
Respondent No……………….
Upon motion this day made into this Court by Mr. …………………….. Advocate for the Writ Petitioner/Writ Appellant and the Court being of opinion that the records relating to and touching upon all the matters and contentions raised in the Memorandum of Writ Petition/Writ Appeal a copy of which is annexed hereto, together with the decision therein should be called for and perused; and that the prayer in Writ Miscellaneous Petition/ Writ Appeal Miscellaneous Petition, copies of petition and affidavit of which are annexed hereto may be considered.
IT IS HEREBY COMMANDED
(1) That you, the aforesaid Respondent No………………. do send for our use in High Court of Judicature, Andhra Pradesh at Hyderabad all and singular the said records and others with all things touching the same as fully and perfectly as they have been made by you, and now remain in your custody or power together with this, our writ before the day of ………………. 198……………… and
(2) That if you intend to oppose the Writ Petition and Writ Miscellaneous petition/Writ Appeal and Writ Appeal/Miscellaneous Petition you, the aforesaid Respondent No……….. do appear personally or by Advocate on the day of …………………..198………………… at 10.30 before this Court, show cause why they should not be complied with, and that we may cause further to be done thereon what of right and according to law we shall fit to be done.
Witness the Honourable Mr…………………… Chief Justice of the High Court of Judicature, Andhra Pradesh at Hyderabad, this the day of ……………………… in the year one thousand nine hundred and eighty.
Hearing date ……………
Assistant Registrar
RETURN OF THE WRIT OF CETIORARI ORDER : NISI AND NOTICE IN WRIT MISCELLANEOUS PETITION/WRIT APPEAL MISCELLANEOUS PETITION.
(To be endorsed on this Writ and Rule Nisi and Notice in Writ Miscellaneous Petition/Writ Appeal Miscellaneous Petition)
The Process of the Writ of Certiorari and Writ Miscellaneous Petition/Writ Appeal Miscellaneous Petition whereof mention is within made, with all things touching the same in the several papers hereto annexed as within commended and served on respondent.
The answer of
Date ……………………day of ………………………198
This should be served urgently on the respondent No. ……………. and returned to the High Court.
WRIT AND RULE NISI
W.P. of 19 and W.P.M.P of 19 / W.A.No of 19 and W.A.M.P. No. of 19
Certified that the required conveyance charge and the process fee for the service of the process has been collected. It is requested that the English Translation of the Process Server’s Report, if it is in vernacular may be sent along with the Rule NISI and Notice returned.
Sd/-
Registrar (Admn.)
High Court of Andhra Pradesh,
Hyderabad.
16th December, 1982.
Note:- Form No. 7 is substituted as per ROC No. 1209/SO/82, dated 19the Dec.82 and published in A.P.Gazette Part II, Page 142, dated 16th March, 1983.
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FORM NO. 8
(Writ of Certiorari-Order Absolute)
IN THE HIGH COURT OF JUDCATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
day the ……………………. Day of ……………….. ……………………. One thousand nine hundred and eightly
Writ Petition No. ………………… of 19
BETWEEN:
. .. Petitioner
AND
.. Respondent
This petition, under Article 226 of the constitution of India coming on for further consideration, before the Honourable Mr. Justice ……………..………….. upon perusing the records relating to ………….. comprising in the return to the Writ and Rule Nisi, directed by order of the High Court……………… dated ……………….. and made herein, and upon the arguments of ……………….. Advocate for the petitioner and of …………………. …………. On behalf of the Respondent ………………. And having stood over for consideration till this day it is ordered as follows:-
(1) that the Rule Nisi issued pursuant to the order of the High Court, dated ………….. and made herein, be and hereby is made absolute and that ………………….. and
(2) That the Respondent herein do pay the petitioner the sum of Rs. as and for his costs of this petition.
Memorandum of Costs
Writ Petition No. ………………… of 19
( Petitioner’s (………………) Costs)
Rs. Ps.
Stamp used for the Writ Petition
Stamp for Vekalatnama
Stamp enclosures
Advocate’s Fee
Batta and Postage
..
..
..
..
..
Total...
Witness the Honourable Mr. ……………………….., Chief Justice of the High court of Judicature, Andhra Pradesh at Hyderabad, this …………………….day …………………….in the year one thousand nine hundred and eighty.
Registrar
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FORM NO. 9
Writ of Prohibition
Formal Parts as in Form No.1
Whereby a petition filed in this Court by the aforesaid petitioner it has
been to the notice of this Court, that you, the Respondent aforesaid, have taken
on your file ……………………………………………….. (here describe the
proceedings): and whereas this court is of opinion that you, the respondent, by
reason that (State facts showing want of jurisdiction):
You are hereby prohibited from further proceedings with the said
…………………….
Witness etc.
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FORM NO. 10
ORDER ON PETITION FOR QUO WARRANTO
Formal Parts as in Form No.1
Petition praying that in the circumstances stated therein and in the
affidavit filed therewith the High Court will be pleased to issue a writ of quo
warranto directed to ………………………….. the Respondent above named,
requiring him to show cause by what authority he claims to have use, enjoy
and perform the rights, duties and privileges of the office of ………………….
The petition coming on for orders/hearing this day, upon reading the
petition, etc., upon hearing Mr………………………… for the petitioner and
the said Respondent appearing by Mr…………………………. and entering a
disclaimer to the Quo Warranto this court both order and direct that the said
…………………… the respondent herein shall not intermeddle in any manner
with the said office and this court both further order and declare that the said
office of ………………… is vacant.
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FORM NO. 11
WRIT OF MANDAMUS
Formal Parts as in Form No.1
To
Whereas by section …………………………… of Act (State provision
of law on which the Act required to be done is founded) you are required to
……………….(Specify the Act to be done):
And whereas it has been represented to the Court, that, contrary to the
requirements of the Act, you failed, neglected and refused to …………………
……………………...(State Act refused) in spite of demands made in that
behalf.
You are hereby directed to do (specify the Act) on or before
………………………
Witnesses etc.,
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RULES TO REGULATE THE PROCEEDINGS UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA
ROC No.713/62 B1 : - Under the provisions of Section 122 of the Code of Civil Procedure, 1908 (Central Act V of 1908) the High Court of Andhra Pradesh with the previous approval of the State Government hereby makes the following rules to regulate the proceedings under Article 227 of the Constitution.
RULES
1. Applications under Article 227 of the Constitution shall be in the same form as Civil Revision Petitions presented to the High Court and the Appellate side Rules applicable to the latter shall apply mutatis mutandis to the former except in respect of matters for which special provision is made in these rules.
2. Every such application when examined and found to be in order shall be numbered as a Civil Revision Petition and posted for admission before the Single Judge dealing with Writ Petitions. The Judge may if he thinks fit refer it to a Bench of Two Judges:
Provided that the Chief Justice may direct any application under Article 227 to be posted before a Bench of two Judges.
3 (a) In all proceedings under Article 227 the court may make such order as to costs and security
as it may consider just and necessary.
(b) Where costs are awarded to a party such costs may include the court fees paid on the application and other documents the costs of making copies of application affidavit etc., which are furnished to the court and which are required to be served on the opposite party or parties and the advocate’s fees allowed by the Court. The Court hearing the application shall fix the advocate’s fees which shall be subject to a minimum of Rs. 50 and a maximum of Rs.250.
4 (a) A party to whom costs have been awarded in an application under Article 227 may obtain in order of the Court for transmission for the purpose of execution of the order of costs to the Court of Tribunal in which the proceedings originally started and if such court or tribunal has no machinery for the enforcement of its decrees or orders to the court of the District Munsif with in local limits of whose Jurisdiction the party against whom the order is to be executed resides or carries on business or has property which can be attached.
(b) An application for such transmission shall be made by a verified petition under the cause title of the Civil revision Petition in which the order for costs was passed and shall in addition to such particulars as may be necessary mention the court or Tribunal to which the transmission is sought. It shall also be a accompanied by a copy of the order sought to be transmitted.
(c ) A court – fee stamp of Rs.2 shall be affixed to the application for transmission and the applicant shall also pay into court a transmission fee of 0-75 Paise only.
(d) The Registrar shall dispose of an application for transmission. He may in his order provide for the costs of the application and shall, if he so provides, direct the recovery thereof along with the sum recoverable under the order transmitted.
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1* Rule 4-A Incorporated by R.O.C. No.92/SO/86 dt 19.03.86 Published in R.S to Part II A.P. Gazette No.8 dt.10.04.86.
2* Substituted by ROC No.881/SO/80 Vide R.S. TO Part II A.P.Gazette dt. 12.03.1981.
3* Rule 6 (a)(1) to (4) substituted in place of existing rule 6 (a),vide ROC No. 2097/SO/92 dt.oct.93 and
R.S. to Part . II (Ext) A.P. Gazette No.34 dt.4.11.1993.
4* Rs.20/- Substituted for Rs.13/- in Rule 10(b) vide Roc No.523/SO/98 dt. 27.02.99, Published in R.S.
to Part II (Ext.) A.P. Gazette No. 3 dt. 3.3.99.
5* Rule 12 (i) to (iii) is substituted in place of existing Rule 12 vide ROC No. 1438/SO/93 dt. 18.03.94,
Published in R.S. to Part . II (Ext.), A.P. Gazette No. 6 dt. 21.03.1994.
6* Sub-Clause (iv) to Clause (a) of rule 14 is inserted vide ROC No . 1960/SO/9A3 dt. 29.11.1993, Published in A.P. Gazette No. 26 Part. II.
7* Sub-rule (b) of Rule 22 is substituted for the existing sub-rule (b) vide ROC No. 102/SO/92 dt. 10.03.1992
8* Rule 28 is added and amended by ROC No. 1569/SO/92 dt. 17.01.1994 Published in R.S. to Part II
(Ext.), A.P. Gazette No. 3 dt. 04.02.1994.
Copyright © 2004-2005 High Court of Andhra Pradesh, Hyderabad. All Rights Reserved.
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