CIVIL

Miscellaneous Matters under Calcutta High Court original side rules[Ch-38][CHCOSR]

KHC

Miscellaneous Matters

Part 1

Pleadings

  1. Title page.– Every plaint, written statement, originating summons and affidavit presented with the originating summons, and petition on which a proceeding is sought to be initiated, shall have a title page containing the cause title of the suit or matter and also the name in full and the place of business of the Advocate acting on the Original Side for the party on whose behalf the same is presented, or where the party appears in person, his name and address for service.1A.Every pleading, when filed by a party shall be accompanied by a statement in a separate sheet containing the address of the party duly signed by him and such address may, from time to time, be changed by filing in Court another such statement stating the new address of the party and accompanied by a verified petition.

Part 2

Rules under Section 99F of the Code of Criminal Procedure (Act V of 1898)

  1. Rules applicable to all applications under sections 99B to 99E.– These rules shall apply to all applications made to, and all proceedings taken in, the High Court at Calcutta under sections 99B to 99E of the Code of Criminal Procedure.3. Procedure for applications.– Every application to the High Court, under section 99B of the Code of Criminal Procedure, shall be made by the presentation of a petition which shall be signed by the applicant and verified at foot by the affidavit of the applicant.4. Petitions how to be prepared. – The petition shall be written in the English language on foolscap paper or other paper similar to it in size and quality, bookwise, and divided into paragraphs numbered consecutively. Dates and sums occurring in the petition shall be expressed in figures.5. Title of petitions. – The petition shall be headed-

“In the High Court at Calcutta, Original Jurisdiction”.

“In its Special Bench constituted under section 99C of the Code of Criminal Procedure.”

And shall be intituled “In the matter of the (name or description of the newspaper, book or document),” as the case may be.6. Interest of applicant to be stated. – The petition shall state what the interest of the applicant is in the newspaper, book or other document in respect of which the order of forfeiture has been made ‘ and all documents or copies thereof in proof of such interest together with a copy of the Notification as to the order of forfeiture, shall be annexed as exhibits to the petition.7. Petition to state grounds. – The petition shall state the ground or grounds on which it is sought to set aside the order of forfeiture.8. Exhibits shall be translated into English. – All vernacular documents annexed as exhibits to the petition and all vernacular documents relied on by the applicant and intended to be tendered in evidence shall be translated into English by a competent and duly qualified translator or translators so that No question may arise as to the accuracy of the translations or the admissibility in evidence of the documents and the translations annexed to them by reason of defects in such translations.9 Petition to be presented to the Chief Justice. – The petition with exhibits annexed thereto and their translations, if any, together with a copy of such petition and exhibits with translations, shall be presented to the Chief Justice who will constitute a Special Bench and appoint a day for the hearing and determination of the application.10. Notice of hearing and copy to Chief Secretary, West Bengal Government. – Notice in writing of the day appointed for the hearing and determination of the application shall be given by the Registrar to the Chief Secretary to the Government of West Bengal, and the copy of the petition and exhibits with translations, if any, in the last preceding rule mentioned shall accompany such Notice.11. Paper-books shall be printed, etc., as in appeals. – Printed paper-books containing the petition and all exhibits annexed thereto with translations shall be prepared in the manner prescribed by the rules for the preparation of paper-books in appeals from the High Court, Original Jurisdiction, and shall be delivered to the Registrar by the applicant at least one week before the day fixed for the hearing and determination of the application.12. Number of paper-books. – There shall be ordinarily printed 15 copies of the paper-books, but the Registrar may, where necessary, direct a larger number to be printed.13. Table of fees. – The Table of fees Now in force in this Court in its Original Civil Jurisdiction shall be applicable to applications under section 99B of the Code of Criminal Procedure and proceedings thereon and costs payable in respect of such applications and proceedings shall be taxed, where so directed, by the Taxing Officer.14. Execution of orders. – The provisions of the Code of Civil Procedure and the Rules and Orders of the High Court relating to execution of decrees and orders shall be applicable to the execution of orders passed by the High Court on applications under section 99B of the Code of Criminal Procedure.

Part 3

Rules under Section 27 of the Indian Press (Emergency Powers) Act, 1931 (XXIII of 1931)

  1. Rules applicable to applications under the Act.– These rules shall apply to all applications made to, and all proceedings taken in, the High Court at Calcutta under the Act.16. Procedure of applications under the Act.– Every application to the High Court under section 23 of the Act to set aside an order for security under sub-section (3) of section 3 or under sub-section (3) of section 7 or an order of forfeiture under sections 4, 6, 8, 10 or 19 or under sub-section (2) of section 12 shall be made by the presentation of a petition which shall be signed by the applicant and verified at foot by the affidavit of the applicant.17. Petitions under the Act how to be prepared. – The petition shall be written in the English language on foolscap paper or other paper similar to it in size and quality, bookwise, and divided into paragraphs numbered consecutively. Dates and sums occurring in the petition shall be expressed in figures.18 Title of Petitions. – The petition shall be headed-

“In the High Court at Calcutta, Original Jurisdiction.”

“In its Special Bench constituted under Act XXIII of 1931” and shall be intituled “In the matter of the (name if any) Printing Press or the (name or description) book, document or newspaper, as the case may be.”

  1. Contents of Petition to set aside an order for security.– In an application to set aside an order for security, the petition shall state whether the applicant is the keeper of the printing press or is the publisher of the newspaper, as the case may be, in respect of which the order for security has been made, and all documents or copies thereof in proof of such statement together with a copy of the order for security under sub-section (3) of section 3, or under sub-section (3) of section 7 of the Act, as the case may be, shall be annexed as exhibits to the petition.20. Contents of Petition to set aside an order for forfeiture.– In an application to set aside and order for forfeiture the petition shall state what the interest of the applicant is, in the property, in respect of which the order of forfeiture has been made, and all documents or copies thereof, in proof of such interest, together with a copy of the Notice of forfeiture, under sections 4, 6, 8, 10 or 19 or under sub section (2) of section 12 of the Act, as the case may be, shall be annexed as exhibits to the petition.21. Petition to state grounds. – The petition shall state the ground or grounds on which it is sought to set aside the order for security or of forfeiture.22. Exhibits shall be translated into English. – All vernacular documents annexed as exhibits to the petition and all vernacular documents, relied on by the applicant and intended to be tendered in evidence, shall be translated into English, by a competent and duly qualified translator or translators, so that No question may arise as to the accuracy of the translations or the admissibility in evidence of the documents and the translations annexed to them, by reason of defects in such translations.23. Petition to be presented to the Chief Justice. – The petition, with exhibits annexed thereto, and their translations, if any, together with a copy of such petition and exhibits with translations shall be presented to the Chief Justice, who will constitute a Special Bench composed of three edges, and appoint a day for the hearing and determination of the application.24. Notice of hearing and copy to Chief Secretary, West Bengal Government. – Notice in writing of the day appointed forte hearing and determination of the application shall be given by the Registrar to the Chief Secretary to the Government of West Bengal, and a copy of the petition and exhibits with translations, if any, in the last preceding rule mentioned shall accompany such Notice.25. Paper-books shall be printed, etc., as in appeals. – Printed paper-books containing the petition and all exhibits annexed thereto with translations shall be prepared in the manner prescribed by the rules for the preparation of paper-books in appeals from the High Court, Original Jurisdiction, and shall be delivered to the Registrar by the applicant at least one week before the day fixed for the hearing and determination of the application.26. Number of paper-books. – There shall be ordinarily printed 15 copies of the paper-book, but the Registrar may, where necessary, direct a larger number to be printed.27. Table of fee. – The table of fees Now in force in this Court in its Original Civil Jurisdiction shall be applicable to applications under the Act, and proceedings thereon and costs payable in respect of such applications and proceedings shall be taxed, where so directed, by the Taxing Officer.28. Execution of orders. – The provisions of the Code and the Rules and Orders of this Court relating to execution of decrees and orders shall be applicable to the execution of orders passed by the High Court, on applications under the Act.

Part 4

Rules under the (English) Evidence by Commission Acts, 1859 and 1885

  1. Certain provisions of the Code applicable.– The provisions of the Code, relating to the summoning, attendance and examination of witnesses, shall apply in the case of persons required to give evidence or produce documents under the Acts (22 Vict., c. 20, and 48 and 49 Vict., c. 74).30. Provisions as to costs and remuneration.– The provisions of the Code, and, so far as they are applicable, the rules and tables of fees and circular orders of this Court Now in force, or which may hereafter from time to time be in force, relating to the costs of or incidental to the examination of witnesses, including the remuneration of the examiner, shall apply to cases where persons are required under the Acts to give evidence or produce documents within the local limits of the jurisdiction of this Court or beyond such limits and within its general jurisdiction.

Part 5

Rules under Section 4, clause (E) of the Powers of Attorney Act (VII of 1882)

  1. Registrar to have custody of instruments under Act VII of 1882.– The Registrar shall have the custody of all instruments deposited in this Court under section 4, clause (a) of the Act.32. Register to be kept.– A register of all such documents shall be kept under the following headings:1. Description of documents,2. Date,3. By whom deposited,4. When deposited.The following fees shall be taken by means of Court-fee stamps under section 4, clauses (a), (b), (c):-For filing and registering every power, and filling every other document, Rs. 3.For a certified copy :Where the copy is presented by the party, at 3 annas per folio.Where the copy is prepared in the Registrar’s office, at 6 annas per folio.For searching and inspecting each set of documents, 12 annas.

Part 6

Petition under Section 10 of the Official Trustees Act (II of 1913)

  1. Petitions to be accompanied by trust deed.– Every petition presented to the Court for the appointment of the Official Trustee under section 10 of the Act shall be accompanied by the original or a copy of the deed or other instrument creating the trust, and shall set forth-Particulars to be given in the petition,-

(a) the particulars as fully as may be possible of the trust fund specifying in detail the Government securities and other property appertaining thereto;

(b) a history of the trust;

(c) the names and addresses of the persons to whom the income of the trust is then payable, and how such income has become payable to them respectively;

(d) the dates on which the income of any and what portion of it has usually been paid, and particularly the date and the amount of the last payment;

(e) the names of the tenants of any immoveable property appertaining to the trust and the particulars of their leases; and

(f) where the property, or any part thereof, consists of houses, the date and cost of the last general repairs and the name of the person by whom such cost was defrayed.

Part 7

Amendment : Examination of Witnesses and Accused : Return of Documents : Time: Cost : Security

Amendment

  1. Ex parteamendments. – Amendments in pleadings, which are made only for the purpose of rectifying some clerical error or errors in names, dates or sums, may be made on an order in Chambers, without Notice. Unless otherwise ordered, a copy of the order shall be served on the opposite party or parties.35. Attestation of amendments. – The attestation of any amendment under order VI, rrules 16 and 17, order XXI, rule 17, or order XLI, rule 3, of the Code shall, unless otherwise ordered by the Court, be done by the Registrar or Master.

Examination Of Witnesses And Accused

35A. Particulars of witnesses and accused persons to be recorded. – (1) In the record of the deposition of a witness or of the statement or deposition of an accused person shall be included the following particulars of the person examined:-(1) Name.(2) Father’s name, or, in the case of a married woman, the name of her husband.(3) Age.(4) Occupation.(5) Address.

Note: The age be as stated by the person examined, unless the Judge or presiding officer considers it to be erroneous, in which case the age, as estimated by him, shall be taken down or recorded, as the case may be.

(2) In recording the particulars required under sub-rule (1) of this Rule, Forms of heading, as respectively set out in Annexures A, B, C and D hereto, shall be adopted according to the nature of the case.

Annexure A

Suit No……………… of……….. 20………..

In The High Court At Calcutta

Original Side

Present:
The Hon’ble Mr. Justice Vs.
……………………………….. being sworn/solemnly affirmed by ………………………….. and examined as a witness on behalf of the plaintiff/defendant this …………………………. day of ………….. 20 ………….., saith …………….
Interpreted by My name is………………………….. My father’s/husband’s name is …………………………………………..
To Mr …………………………………My age is………………………….years. I am by occupation…………………….I reside at……………………

Annexure B

In The High Court At Calcutta

Ordinary Original Criminal jurisdiction

………………….Sessions 20………………

The State

Present:
The Hon’ble Mr. Justice
……………………………….. being sworn/solemnly affirmed by ………………………….. and examined as a witness on behalf of the prosecution/defence this …………………………. day of ………….. 20 ………….., saith …………….
Interpreted by My name is………………………….. My father’s/husband’s name is …………………………………………..
To Mr …………………………………My age is………………………….years. I am by occupation…………………….I reside at……………………

Annexure C

Form Of Heading For Recording Deposition Of Accused

In The High Court At Calcutta

Ordinary Original Criminal Jurisdiction

…………….Sessions 20…………..

Case No.

The State
Vs.
Present:
The Hon’ble Mr. Justice
……………………………….. the/one of the accused abovenamed being sworn/solemnly affirmed by ………………………….. and examined as witness on behalf of the Defence this …………………………. day of ………….. 20 ………….., saith in the ……………. language.
Interpreted by My name is………………………….. My father’s/husband’s name is …………………………………………..
To Mr …………………………………My age is………………………….years. I am by occupation…………………….I reside at……………………

Annexure D

Form Of Heading For Recording Examination Of Accused

In The High Court At Calcutta

Ordinary Original Criminal Jurisdiction

………………..Sessions 20………………

Case No.

The State
Vs.
Present:
The Hon’ble Mr. Justice
……………………………….. the/one of the accused abovenamed being examined this …………………………. day of ………….. 20 ………….., saith in the ……………. language.
Interpreted by My name is………………………….. My father’s/husband’s name is …………………………………………..
To Mr ………………………………… My age is …………………………. years. I am by occupation ……………………. I reside at……………………

Return of Documents

  1. In case judgmentex parteor by default documents to be kept for 30 days. Return of where No application to set aside judgment. – In all cases in which judgment shall be passed ex parte or by default, the Registrar shall keep the documents produced in the suit until the expiration of thirty days from the date of the judgment; and, where there is No application to set aside the judgment within such thirty days, then the Registrar may, and shall, unless the Court or a Judge shall otherwise order, deliver the same to the person who produced the same.37. Where appeal or review, copy to be kept of document ordered to be delivered out. – In cases in which a review of judgment shall be granted until such judgment be reviewed or the application to review the same be withdrawn, No document shall be delivered out, unless by order of the Court or a Judge, and unless a certified copy be substituted therefore by the person applying for the document, and unless such person undertakes to produce the original if required to do so.38. Return of exhibit on copy being put in at hearing. – To facilitate the return of documents tendered as exhibits, and party, when tendering a document, book, or entry in a book, may produce a copy of the same; and, unless the Court otherwise orders, the copy, upon being certified as correct by an Officer of the Court, shall be marked as the exhibit, and the original document, book or entry, after a Note, signed by the Court Officer, of the exhibit mark given to the copy has been endorsed thereon, shall be returned forthwith to the person or corporation producing the same.39. Return of exhibit within 7 days on certified copy being put in. – Notwithstanding the provisions of Rules 36 and 37 of this Chapter, in all cases in which any original document, book or entry in any book, produced by any person or corporation Not a party to the suit or proceeding, is made an exhibit, the Advocate acting on the Original Side of the party making the exhibit shall, within 7 days from the date of the judgment or order in the suit or proceeding, lodge in Court with the proper officer a copy of the exhibit, and upon such copy being certified by the proper officer of the Court, the exhibit shall be returned to the Advocate acting on the Original Side of the party who has made the exhibit, who shall forthwith return the exhibit to the person or corporation who has produced the exhibit, upon obtaining from such person or corporation an undertaking to produce the original in Court if required to do so, such undertaking to be filed in Court. But this Rule shall have No application if the Court has passed an order directing the retention of the exhibit.40. Costs of returning exhibit. – The costs and charges incurred in complying with the two last mentioned Rules shall be borne in the first place by the party making the exhibit, unless the Court otherwise orders. Such costs and charges shall be taxable as between party and party.41. Application for return of exhibit by person producing. – If a document, book or entry in a book exhibited be Not returned or offered to be returned within the time mentioned in Rule 39, the person or corporation producing the same may apply to a Judge in Chambers for the return of the same, and upon the certified copy being supplied and upon the undertaking to produce it when required being given, the exhibit shall, unless the Judge sees fit to direct the document to be retained, be returned to such person or corporation. The costs as between Advocate acting on the Original Side and client of an incidental to the application and of furnishing the certified copy shall, unless the Judge shall otherwise order, be paid by the party at whose instance the exhibit was put in.42. Procedure as to return of documents in other cases. – In all other cases the procedure to be followed by the Registrar as to return of documents shall be that laid down in 0. XIII, r. 9 of the Code. Where any person desires to prevent the return of any documents in ordinary course, he must obtain an order from a Judge.42A. Unless otherwise ordered by the Court or a Judge,-an original document or a material exhibit annexed to or filed with the plaint or petition shall be returned to the plaintiff or the petitioner, on request, after the time to file the appeal expires, or after the disposal of the appeal, as the case may be. If such document or exhibit is Not taken back by the plaintiff or the petitioner even after Notice being given, or if the plaintiff or the petitioner is Not traceable, it will be liable to be destroyed or disposed of by the Registrar under Rule 70, sub-rule (1)(c), of Part 9 in Chapter XXXVIII of the Original Side Rules. If the Registrar considers any such document or exhibit to have some monetary value, the same shall be sold by public auction.

Time

  1. How days are to be reckoned.– In all cases in which any particular number of days, Not expressed to be clear days, is prescribed by the rules or practice of the Court, and Not coming under the Statute of Limitation, the same shall be reckoned exclusively of the first day, and inclusively of the last day, unless the last day shall happen to fall on a Sunday or other day on which the Court is closed, in which case, the time shall be reckoned exclusively of that day also, and any succeeding day or days on which the Court continues closed.44. Where clear days.– Where any particular number of days, expressed to be clear days, is prescribed by the rules and practice of the Court, the same shall be reckoned exclusive both of the first and the last day.45. Month means calendar month. – Where by these rules, or in any decree or order, time for doing any act or taking any proceedings is limited by months, and where the word “month” occurs in any document which is part of any legal procedure under these rules, such time shall be computed by calendar months, unless otherwise expressed.46. Power to enlarge or abridge time. – The Court or a Judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered, although the application for the same is Not made until after the expiration of the time appointed or allowed.47. Service after Court office hours. – Service effected after Court office hours shall, for the purpose of computing any period of time subsequent to such service, be deemed to have been effected on the following day.

Costs

  1. Payment of Advocate’s acting on the Original Side costs, how enforceable.– An Advocate acting on the Original Side, where he has taxed his bill of costs against his client, may apply in Chambers on summons for an order against his client or the legal representatives of such client for payment of the sum allowed on taxation or such sum as may then remain due. The Judge on hearing the summons may make such order or refer the parties to a suit. Such order where made may be executed under order XXI of the Code as a decree for money.49. Where Advocate acting on the Original Side personally liable for costs.– Where, upon the hearing of any suit or matter, it appears that the same canNot conveniently proceed by reason of the Advocate acting on the Original Side for any party having neglected to attend personally, or by some proper person on his behialf, or having omitted to deliver any paper necessary for the use of the Court or Judge, and which according to the practice, ought to have been delivered, such Advocate acting on the Original Side shall personally pay to all or any of the parties such costs as the Court or Judge shall think fit to award.50. Advocate’s acting on the Original Side responsibility for defective paper-book. – Where, upon the hearing of any appeal, it appears that the same canNot conveniently proceed, or, where any party has been put to unnecessary costs by reasons of the paper-book being carelessly, improperly or inaccurately prepared, the Appellate Court may direct that the Advocate acting on the Original Side or Advocates acting on the Original Side responsible for the preparation of the paper-book, shall pay to all or any of the parties such costs as the Appellate Court may think fit.51. Costs where defended suit might be transferred to the Peremptory Undefended List. – Unless the Court or Judge shall for special reasons otherwise direct, a plaintiff, who allows a suit, which might be transferred to the Peremptory List of Undefended Suits, to continue therein and to be heard as a defended suit, shall where successful in obtaining a decree with costs, be only allowed his costs as of a defended suit up to the time when he was in a position to apply for the transfer of the suit to the Peremptory List of Undefended Suits and thereafter as of an undefended suit.51A. If in any case it shall appear to the Court or a Judge that costs have been improperly or without any reasonable cause incurred or that by reason of undue delay in proceeding under any judgment or order, or of any misconduct or default of any Advocate acting on the Original Side, any costs properly incurred have proved fruitless to the person incurring the same, the Court or a Judge may call on the Advocate acting on the Original Side of the person to whom such costs have been incurred to show cause why such costs should Not be disallowed as between the Advocate acting on the Original Side and client and also (if the circumstances of the case shall require) why the Advocate acting on the Original Side should Not repay to his client any costs which the client may have been ordered to pay to any other person, and thereafter may make such order as the justice of the case may require; such Notice (if any) of the proceedings or order shall be given to the client in such manner as the Court or Judge shall direct.52. Costs in the discretion of Court or Judge. – Subject to the provisions of any statute and these rules, the costs of and incident to all proceedings in the High Court shall be in the discretion of the Court or Judge.

Security

  1. No Advocate acting on the Original Side or officer of Court to be a surety. Officer Not to be surety or bail.– Except with the express permission of a Judge, No Advocate acting on the Original Side or officer of the Court or Sheriff or his deputy, or any Sheriff’s officer or any of their clerks shall be a surety in any suit, appeal or matter in the Court Nor be bail for any prisoner committed for trial at the Court or admitted to bail by the Court.54. Security to be given to the Registrar unless otherwise provided by law.– Where security is required to be taken, it shall, unless otherwise provided by law or prescribed by these rules, be given to the Registrar or to such other officer of the Court as the Court or a Judge may specially direct, and the Court or a Judge may permit or order him to assign the same to any person for the purpose of suing on the same on such terms as it may think fit.55. Filing of office copy of decree or order for taking security. – An office copy of every decree or order directing security to be given to the satisfaction of the Registrar may be filed in the Account Department of the Registrar’s Office by any party and an appointment obtained for proceeding with the taking of security.56. Taking of security without office copy. – The taking of security, where so directed by the Court or a Judge, or in a cause of urgency, where the officer thinks fit, may be proceeded with before the office copy has been filed under the last rule.57. Issue of Notice. – The Registrar shall issue such Notice and to such persons as he may think proper, provided always that where duly endorsed Government Promissory Notes are lodged, or cash to the amount of the security required is paid to him the issue of Notice may be dispensed with.58. Production of title deeds : Affidavit of justification: Examination. – Every person, other than a Guarantee Society, offering himself as a surety, shall, where so required, produce before the Registrar his title deeds and vouchers, and make an affidavit of justification or be examined by the Registrar on oath of solemn affirmation, as the case may be, touching the value of his property and the debts and liabilities to which it is subject; after being examined and allowed, the surety shall sign the bond, and where the Registrar so requires, deposit his title deeds and vouchers.59. Insufficiency of affidavit of justification. – Affidavits of justification shall be deemed insufficient unless they state that each person justifying is worth the amount required, over and above what will pay his just debts and over and above every other sum for which he is then surety.60. Guarantee Society as surety. – A Guarantee Society, duly approved of by the Full Court, may be accepted as surety upon its joining in a bond with the person ordered to give the security.61. Rules applicable thereto. – Rules 17 to 19 of Chapter XXXV shall mutatis mutandis apply to a Guarantee Society under the last preceding rule.62. When surety may apply for discharge. – Where in any jurisdiction on the Original Side security is given by any surety or sureties (including in the latter term a Guarantee Society) for the acts or conduct of any person or for the proper discharge by any person of the duties of any office, the rendering of any account, the making of any payment, or the carrying out of any orders of the Court, the surety or sureties shall be entitled, by an application, to bring to the Notice of the Court any act, omission, or neglect of duty on the part of such person or any other circumstances which shall include Non¬payment to the surety or sureties of any premium due to him or them by any person whose duty it is to pay the same within fifteen days after the same shall have become due, which would entitle the surety or sureties to be discharged from the obligation in respect of such security, and the Court may thereupon make such order and on such terms as it may think fit. Such application may be made on summons to a Judge in Chambers.63. Notice to surety of application which may affect risk. – The surety or sureties mentioned in Rule 62 shall be entitled to Notice of any application to the Court on the part of any person on whose behalf the security has been given or on the part of any other party interested, relating to any property in the management or control of such person, which may effect the risk undertaken by the surety or sureties under the security furnished by such person, and the Court upon hearing the said surety or sureties may make such order as to his or their costs of appearance on such application, as to it may seem fit. No order passed on any such application shall, however, be vitiated by any irregularity in or failure to effect service of the Notice herein mentioned.

Part 8

Rules under the Bankers’ Books Evidence Act, XVIII of 1891

  1. Scale of fees.– A Bank ordered under the Bankers’ Books Evidence Act, XVIII of 1891, to supply certified copies of entries from its books shall be entitled to charge on the following scale:-Searching fee.-For each year or part of a year in respect of which search is made-Rs. 5.Copies. – For each “Bank folio*” or part thereof-Rs. 5.Certificate. – For the certificate under section 6 of the Act-Rs. 5.* A Bank folio for this purpose is a page of the Bank’s books of not less than 40 and not more than 50 lines.65. Application how made. – An application for an order under the said Act shall be made ex parte upon petition and the Court or a Judge may direct that Notice of the application shall be served on the Bank or Banks named in the application. The petition shall set out particulars of the entries of which it is desired to obtain copies (or, if this is impossible, the year or years in which such entries will appear) and the materiality of such entries.66. Application made in insufficient time and procedure to be allowed in such cases. – All applications shall be made in sufficient time to allow three clear days’ Notice required to be given by section 6(2) of the Bankers’ Books Evidence Act, and all applications made in insufficient time shall state the reason therefor.67. Service of order on Bank. – The party who has obtained such order shall serve it upon the Bank or Banks affected, and at the same time shall pay to the Bank or Banks the searching fee of which the amount shall be stated in the order.68. Banks to make search and make out demand for fees for copies. – Upon service of the order the Bank or Banks shall forthwith cause search to be made and shall thereafter forthwith inForm the party who has obtained the order the amount to be paid to such Bank or Banks for copies of the entries to be made in terms of the order.69. Party to pay for certified copies and certificate. – Thereupon the party concerned shall pay to the Bank or Banks the amount so stated and the fee for the certificate and the Bank or Banks shall upon receipt thereof forthwith prepare and deliver to the party the copies of the relevant entries together with the certificate under section 6 of the Act.

Part 9

Rules under Sections 2 and 3 of the Destruction of Records Act (V of 1917)

  1. (1) The Registrar/Senior Master and Official Referee shall have the power to destroy the books, papers and other articles just after expiry of the period referred in column (2) corresponding to column (1) of the Schedule or as soon thereafter as may be convenient.

Schedule

Description of document Period after which the document shell be destroyed suits, writs, appeals including Supreme Court Appeals and other matters from the date of decision of the Court
(1) (2)
(a) Any books, papers and articles of any description whatsoever deposited by the suitors and lying in the custody of the Registrar, Taxing Officer, Keeper of Records, Accountant-General and Sealer as have been unclaimed for 15 years since the disposal of the case. Forthwith unless there is special reasons to preserve any such documents.
(b) Any books, papers or any of the document deposited by suitors in causes or suits already concluded (except exhibits of original documents) Forthwith unless there is special reason to preserve any such document.
(c) Affidavits of publication of Notices of sales by the Registrar. Two years.
(d) Affidavits of publication of Notices to Creditors. Two years.
(e) Affidavits of the service warrants to tax bills or costs. Two years.
(f) Praecipes and drafts other than drafts of reports. One year.
(g) Fee book and books showing amount of stamps cancelled. Three years.
(h) Judges’ Note Books, Old Attendance Books of the Court Establishment, Civil Lists, Gazettes, Office Note Books and Receipt Books and other books of a similar nature. From the date of last entry :
(i) 1. Punching Registers
2. Minute Book of this Court
Five years
Five years
(j) Motion Papers and Chamber application (Other than execution applications) papers. Twenty-one year
(k) Extra on copy of paper-books in Single Bench of Division Bench. One year
(l) Books and Papers of Receivers Accounts, Testamentary Accounts, Liquidators’ Accounts filed in Court for being passed and allowed 21 years after such accounts have been passed and all allowed by the Court.
(m) Books and papers of Trustees’ Accounts relating to minors and persons of unsound mind, filed in Court for being passed and allowed. 21 years after such accounts have been passed and allowed by the Court

Insolvency

(2) The books, papers and documents in respect of proceedings under the Indian Insolvency Act, 1848 and also under the Presidency Towns Insolvency Act III of 1909 as mentioned in the list below shall be destroyed or disposed of by the Registrar-in-Insolvency at the time mentioned in the corresponding column (2) of the Schedule or as soon thereafter as may be convenient.

(a) Newspapers, “Calcutta Gazette”, “India Gazette” Day Books, Order Registry Books, Receipts Books and such other office books as in the opinion of the Register may be of No further use. Three years

(3) The books, papers and documents mentioned herein below shall be destroyed by the Clerk of the State at the time mentioned in the corresponding column (2) of the Schedule or as soon thereafter as may be convenient.

(a) Instructions of Advocates acting on the Original Side, Police Certificates of witnesses, undelivered certificate of witnesses, Applications of Jurors for exemption, Jury returns Jury lists struck at each session, Sheriff;s Return re service on Jurors, Judge’s book of Jury List copy plans for Jurors, Draft charges, Draft Orders, Judges’ Briefs, Subpoenas, Recogizance Bonds of witnesses, Lapsed Warrants and “Calcutta Gazette. Two years

(4) Save and except the documents referred to hereinbefore, the following documents shall be preserved permanently unless there is a specific direction or order from the Hon’ble the Chief Justice or Registrar:A. (i) Plaint, written statement and counter-claim,

(ii) Judgment disposing of the suit,

(iii) Preliminary and final Decree,

(iv) Final Order,

(v) Tabular statement,

(vi) Order confirming sale in execution,

(vii) Copy of sale certificate,

(viii) Final record in execution proceeding, showing satisfaction of claim, if any.

  1. In case of matters other than suit:

(i) Petition statement of the case or other document recording the institution of the case,

(ii) Judgment,

(iii) Final Decree or final order.

  1. In case of Appeals to the High Court or to the Supreme Court:

(i) Judgment,

(ii) Final decree or final order.

  1. In case of Testamentary Matters :

(i) Original Will,

(ii) Judgment,

(iii) Decree or final order,

(iv) Order passed in case of Non contentious cause.

  1. Such papers which have got some historical, sociological and scientific importance and value as determined by the Registrar or Senior Master and Official Referee.(5) Save and except the documents referred to hereinbefore, any other record of whatsoever nature may be preserved in the Compact Disc and thereafter that be destroyed or disposed of with the approval of Hon’ble Chief Justice or Registrar.(6) (a) Notwithstanding anything contained hereinbefore the document such as one copy of Paper-Book and also the report if any in the matter or suit.

(b) One copy of each petition, affidavit in opposition, affidavit in reply or any supplementary affidavits,

shall Not be destroyed unless it is preserved in the Compact Disc and approval of Hon’ble Chief Justice has been obtained for destruction of such documents.

OLD LAW 6
  1. In all suits or proceedings in which an order or decree has been passed directing a reference, other than a reference to arbitration, every application relating to the subject-matter of the reference or to the conduct of the proceedings before the presiding officer shall, unless otherwise ordered, be accompanied by a report from such officer stating the circumstances out of which the application arises and the manner in which in his opinion the proposed order may affect the rights and interests of the parties.

Part 10

Rules under the “The Trade and Merchandise Marks Act, 1958”

  1. In these Rules-

(a) “the Act” means the Trade and Merchandise Marks Act, 1958;

(b) “Registrar” means the Registrar of Trade Marks referred to in section 4 of the Act.

  1. All applications, suits and appeals under the Act and /or the Rules shall be intituled in the matter of “The Trade and Merchandise Marks Act” and in the matter of the relative section or sections of the Act.3.All applications under the Act shall be commenced by way of Motion on Notice to all parties concerned. The Rules in Chapter XX relating to Motion and Rules Nisi of the Original Side shall apply as far as practicable.4. All applications shall be heard and disposed of by the Judge taking Commercial Suits unless the Chief Justice names or appoints any other Judge.5. In all suits under the Act or referred to in the Act, the procedure of the High Court in relation to Commercial Suits shall (unless by the Act or the Rules otherwise expressly provided) be applicable.6. The Judge in charge of the Commercial List or such other Judge as the Chief Justice may from time to time appoint shall hear and dispose of all suits under the Act or referred to in the Act.7. In all cases of reference by the Registrar to the High Court under section 107(2) of the Act, the Registrar, Original Side, shall receive the relative papers along with the addresses of all persons concerned. On receipt of the same, the Registrar, Original Side, shall place the matter for direction before the Judge taking Commercial Suits unless the Chief Justice appoints any other Judge for the purpose. The Judge hearing Commercial Suits will give such directions as he thinks fit and thereafter hear and dispose of the matter.8. All appeals under section 109(2) shall be heard and disposed of by the Judge taking Commercial Suits or such other Judge as the 7.41″ Chief Justice may from time to time appoint, unless referred by the Judge to a Bench of the High Court. ‘9. All appeals under section 108(3) and section 109(5) of the Act and all appeals from decisions in suits mentioned in Rule 5 shall be brought in accordance with provisions of Chapter XXXI of the High Court Rules as far as applicable. All appeals under section 109(2) of the Act shall be preferred by petition in writing setting out concisely the relevant facts, the grounds of appeal and the reliefs claimed, and the provisions of Chapter XXXI of the High Court Rules shall apply to such appeals mutatis mutandis as far as applicable.10. If an applicant for registration intends to withdraw his application under section 109(7) of the Act, he shall give Notice expressing his intention to withdraw in an unqualified manner to the Registrar of Trade Marks, the parties and the Registrar, Original Side, within one month from the express permission of the Court referred to in the section. The Registrar, Original Side, shall on receipt of the Notice from the Registrar of Trade Marks place the matter in the list before the Judge or Judges for orders.11. In all matters or proceedings mentioned in clauses (a) and (b) of section 112 of the Act, Notice shall be given to the Registrar. In any other matter or proceeding the Court may direct a Notice to be issued to the Registrar.12. In case of all orders made under section 56 and section 108 of the Act the Registrar, Original Side, shall, within 15 days of the filing of the order, send a certified copy of the order and judgment to the Registrar of Trade Mark. In all other cases, the Registrar, Original Side, shall send certified copies of the order and judgment when the Court gives express directions therefor.13. In all proceedings under the Act.the costs of and incidental thereto and also the costs of hearing before the Registrar or Deputy Registrar of Trade Marks shall, save as otherwise provided in the Act, be in the discretion of the Court.

Part 11

Rules under Section 21, Chapter V of the Chartered Accountants Act, 1949

“For the purpose of exercising the special jurisdiction conferred by section 21 of the Chartered Accountants Act, 1949, in regard to references made thereunder and in exercise of its inherent jurisdiction, the High Court has framed the following rules and directed the same to be inserted in the Original Side Rules.”1. Reference to be forwarded to Registrar. – All references to the High Court under section 21 of the Chartered Accountants Act, 1949, shall be forwarded to the Registrar, Original Side, and shall be heard on the Original Side.2. Statement of the case. – Such reference shall be in the Form of a statement of the case. The statement of the case shall be drawn up by the Secretary or any other authorised officer of the Council and shall be in the Form of numbered paragraphs setting out in brief, as far as practicable, all relevant facts and proceedings in chroNological order and in particular, the nature of the complaint, and when the complaint is by a person, other than the Central Government, the name, address and occupation of such complainant and a short record of the membership of the person against whom the complaint is made. Such statement shall also contain in an annexure, the complaint, Written Statement, if any, of the member concerned, the report of the Disciplinary Committee, depositions of witnesses if any taken before the Council and the findings of the Council.3. Paper-Books. – Six copies of typed or printed Paper-Books in respect of reference shall be filed by the Council within one month (or within such further time as the Registrar may from time to time allow) of the forwarding of reference. Two copies of such Paper-Books shall be supplied by the Council to the member concerned and also the Central Government without any charge.4. Appointment of Bench to hear. – Upon the Paper-Books being filed the Registrar shall lay the matter before the Chief Justice who shall appoint a Bench of two Judges to hear the reference and shall fix a date for hearing.5. Notice to parties. – Notice of the day fixed for hearing shall be given by the Registrar to the member of the Institute concerned, the Council and to the Central Government, and if the proceedings have been initiated on the complaint of a private person such Notice shall also be given to the complainant. Such Notices shall be sent by registered post with ackNowledgement due. If such Notice sent to the member concerned is returned unserved with an endorsement indicating that the addressee has refused to accept the Notice, the Notice shall, subject to any further order of the Court, be deemed to have been served.6. Who may act. – The member against whom a complaint is made shall have a right to defend himself before the Bench either in person or through an Advocate enrolled in the High Court. Advocates Not otherwise entitled to practise on the Original Side shall be entitled to act and plead in all matters governed by this rule.7. Procedure in hearing. – Except as otherwise provided in these Rules the provisions of the Code of Civil Procedure shall ordinarily apply but the Court shall have power to regulate its procedure in such manner as it considers necessary and during the course of enquiry may examine witnesses on oath, receive affidavits and any other oral or documentary evidence.8. Adjournment. – The Court may adjourn the hearing from time to time and give such directions as may be necessary.9. Final order to be transmitted to Council. – After the hearing of the reference when the Court has passed final orders the Registrar shall transmit the said orders to the Secretary of the Council.10. Costs. – (a) The Council and the parties shall ordinarily bear and pay their own respective costs of reference and all matters incidental thereto. But the Court may by special order direct that costs be paid by such party or parties as the Court may think fit, and also determine as it thinks fit the amount of such costs.

(b) Unless otherwise ordered the costs where necessary will be taxed according to scale on the Original Side and in the same manner as a hearing of appeal from decree of Original Side including fees to Advocates entitled to practise on the Original Side.

Part 12

  1. Every Appeal under section 23F of the Indian Patents and Designs (Amendment) Act, 1950 shall be intituledIn the Matter of an Appeal under the Act and the sections thereof

And

In the Matter of the Particular number of the Patent to which the Appeal relates

And

In the Matter of the Particular Order of the Controller specifying whether the matter is under section 23 or section 23A or under clause (a) or clause (b) of sub-section (1) of section 23B and the date of the Order appealed from.2. The cause-title of every Appeal shall state fully the name, residence and the place of business of the Appellant.3. In every Appeal under these Rules, the Appellant shall make the Controller of Patents a Respondent and shall also implead as Respondents all other persons who appeared before the Controller or were served with Notice of the proceedings before him, provided, however, that if any person, without being so served, gave Notice of an objection before the Controller, but did Not subsequently take any part in the proceedings it shall Not be necessary to make such person a Respondent.4. Every Appeal under these Rules shall be heard by a Bench of two Judges of the High Court at Calcutta, as determined from time to time by its Chief Justice.5. Every Appeal shall be presented in the Form of a Memorandum of Appeal signed by the Appellant and presented to the Registrar of the Original Side of the High Court within three months of the date of the order passed by the Controller.6. The Memorandum of Appeal shall state the Grounds of Appeal, setting out concisely the objections. Such Grounds of Appeal shall be consecutively numbered.7. The Memorandum of Appeal shall be accompanied by a certified copy of the Order passed by the Controller from which the Appeal is preferred. The Court may in special circumstances allow the Memorandum of Appeal to be filed without a copy of such order, subject to such copy being filed within such time as may be directed.8. The Memorandum of Appeal shall state the particulars as to the time required for obtaining a certified copy of the Order of the Controller, except when full particulars thereof appear from the certified copy itself, filed along with the Memorandum of Appeal.9. The Registrar, Original Side of the High Court, shall endorse on the Memorandum of Appeal the date of its presentation to the Registrar and shall also make a Note thereon as to whether it is within time, after obtaining from the Appellant such further particulars, if any, as may be necessary, regarding the time required for obtaining a certified copy of the order of the Controller and shall, when he finds the Memorandum of Appeal to be Not within time, return the same to the Appellant with an endorsement made to that effect. It shall then be open to the Appellant to present the Memorandum to the Appellate Court for admission and Rule 5 of Chapter XXXI of the Original Side Rules shall apply.10. Within one week from the date of the presentation of an Appeal or within such further time as may be allowed by the Registrar, the Appellant shall take out and deliver to the Sheriff a Notice of Appeal for service on each of the Respondents.11. The Notice of Appeal shall set out the cause-title as indicated by these Rules and shall be in the Form set out in the Appendix hereto.12. The Appellant shall be responsible for the preparation of the Paper-Book for the Appeal. The Paper-Book shall contain (a) the Memorandum of Appeal, (b) the copy of the Order of the Controller of Patents under Appeal, and (c) copies of all records and proceedings had before the Controller of Patents, necessary for the decision of the Appeal and on which the parties to the appeal are entitled in law to rely.13. Rules relating to the preparation of Paper-Books, Settlement of Index, and all other Rules relating to Appeals from the Original Side, as contained in Chapter XXXI of the Original Side Rules of this High Court, shall, so far as possible, and with such variations as the Court may direct, apply to Appeals under these Rules.14. The hearing of Appeals under these Rules shall, so far as possible and with such variations as the Court may think fit to direct, be governed by the provisions of Order XLI of the Code of Civil Procedure, save that there shall be No preliminary hearing for admission under Rule 11 of the said Order.15. A request by any of the parties to the Appeal to call in aid an assessor must be made by a petition in the Appeal, stating fully (a) the necessity for having such an assessor, and (b) the points on which the assessor’s assistance is required.16. Upon such petition for the aid of an assessor being made, the applicant may be required by the Court to submit a list of assessors willing to act and specially qualified for the purpose, stating their full names, their qualifications, their occupation and the remuneration likely to be charged by them per day or part thereof. The remaining parties shall have the right, and may be required by the Court, to state, if any, the objections and the reasons for such objections to the appointment of any assessor out of such list.17. The Court, hearing the Appeal, may select and appoint an assessor out of such list or in a proper case select and appoint any other assessor outside such list if the Court thinks fit so to do and may determine such remuneration for the assessor as the Court considers proper. Such remuneration will be paid by the High Court to the assessor in the first instance but shall be recoverable by the Court from such party or parties as it may determine by and under an order passed to the said effect in such terms as it may deem necessary in order to enforce realisation and in order to provide for the recovery of the amount by such party or parties from any other party, if necessary.18. When the Court takes the aid of an assessor, the Court may require the assessor to state his views in writing, signed by him, on such specific points as the Court may Formulate for such assessor.19. Such specific points and the assessor’s answer thereupon shall Form part of the records of the Appeal.20. The Appellant shall state in the Memorandum of Appeal the amount or value of the Appeal which will be subject to revision by the Court.21. The costs of the Appeal will be in the absolute discretion of the Court and the Court may make any order for costs in respect of any party to the Appeal. The costs of such Appeal will be taxed, unless otherwise ordered by the Court, as costs in Appeals from decrees on the Original Side of this Court.22. Advocate acting on the Original Side and Advocates, Not entitled to practise on the Original Side, shall be entitled to act in such appeals, such Advocates shall be entitled also to plead, but Advocates entitled to practise on the Original Side shall Not be entitled to act.

Appendix

Form of the Notice of Appeal under Rule 11

In the Matter of an Appeal under section 23F of the Indian Patents and Designs (Amendment) Act of 1950 And In the Matter of the Order of the Controller of Patents in Case No………… dated the…………… day of…………. made under section-23 or section 23A or section 23B(1)(a) or section 23B(1)(b) of the said Act.

………………………………………..Appellant.

Versus

Respondents/Respondent.

To…………………….Take Notice that an Appeal has been presented by the Appellant to the High Court at Calcutta from the Order of the Controller of Patents mentioned above and that such Appeal will be heard by the High Court at its next sitting after the time allowed for filing the Paper-Books in this Appeal.If No appearance is made on your behalf by yourself, your advocates acting on the Original Side or by some one by law authorised to act for you in this Appeal, it will be heard and decided ex parte in your absence.Witness………………………………………………………………………….Chief Justice of the High Court at Calcutta, the…………………………. day of………………………………………Appellant.

Note – This Notice is returnable within 8 days after service.

Ready.Delivered.

Part 12A

Rules under the Patents Act, 1970

  1. In these rules –

(a) the “Act” means the Patents Act, 1970.

(b) the “Controller” means the Controller of Patents, referred to in section 73 of the Act.

(c) the “Court” means the Court presided over by the Judge taking Commercial Suits or such other Judge as the Chief Justice may, from time to time, determine.

  1. All applications to be made to the Court under any provision of the Act including petitions under section 64 and applications under section 71, references under section 103 of the Act and appeals under section 116 of the Act shall be intituled in the matter of the particular number of the patent to which they relate and in the matter of the particular order of the Controller specifying the date of the order concerned.3.The cause titles of the application, references, appeals and suits shall state fully the names, places of residence and /or the place of business of the parties to the said proceedings.4. In all applications, references and appeals the parties instituting the same shall make the Controller a party respondent, and unless otherwise provided in these rules, shall also implead as parties all other persons who appeared before the Controller or who were served with Notices of the proceedings before him, provided, however, that if any person, without being so served, gave Notice of an objection before the Controller, but did Not subsequently take any part in the proceedings, it will Not be necessary to make such a person a respondent.5. All applications to be made to the Court under the Act shall be made by motion in accordance with the rules of the Original Side relating to motions.6. All references of disputes to the Court under section 103 of the Act shall be initiated by motion which will be made in accordance with the rules relating to motions on the Original Side. The Court may give appropriate directions for the hearing of the motion. The Court may, if the Court thinks fit, direct the matter to be tried on evidence. The Court may, at the time of giving such directions or from time to time thereafter give such further or other directions including directions for discovery, inspection, production of documents, for filing of affidavits in answer or reply and for all other matters as may be necessary for the hearing of the reference and for the trial of any question arising therefrom. The Court may direct service of Notice of the reference upon any person and in such manner as the Court thinks fit. The Court may fix the date of the hearing of the reference and the Court may adjourn the hearing from time to time.7. In all suits under the Act or referred to in the Act the procedure of the High Court on its Original Side in relation to Commercial Suits shall (unless by the Act otherwise expressly provided) be applicable.8. All appeals under section 116 of the Act shall be heard and disposed of by the Court. Such appeal shall be in the Form of a petition duly signed and verified and the petition shall state the relevant facts, grounds of appeal and the reliefs prayed for and, unless the Court otherwise orders, shall be accompanied by a certified copy of the order appealed from. The Court may in its discretion allow the petition of appeal to be filed without the certified copy of such order subject to the certified copy being filed within such time as may be directed by the Court and on such terms as the Court thinks fit.The Court may, if the Court thinks fit, direct at any stage of the proceeding that the appeal be referred to a Bench of this Court and the Court may for the aforesaid purpose report to that effect to the Chief Justice and the Chief Justice will constitute a Bench for determining the said appeal.9. The petition of appeal shall be presented to the Registrar, Original Side, for admission. But if the party preferring the appeal wants to file the appeal without the certified copy of the order appealed from, in that case the petition of appeal may be presented to the Court for an order under the above Rule 8.If the petition of appeal be Not presented within three months from the date of the decision, order or direction of the Controller (as the case may be), in that case the Registrar shall endorse thereon the date of its presentation and return it to the party by whom it was tendered. Such petition of appeal may then be presented to the Court for admission. The Court may in appropriate cases extend the time for presenting the appeal by a further period Not exceeding two months from the date of expiry of the said period of three months from the date of the decision, order or direction of the Controller, as the case may be.10. Application for admission of petition of appeal rejected by the Registrar shall be made to the Court at the earliest opportunity. The Court may on hearing of the application admit or reject the same with or without Notice to the respondent. When it is admitted without Notice to the respondent, such admission shall Not be a bar to any objection that may be taken at the hearing of the appeal in respect of its admissibility.11. Within a week from the date of admission of the petition of appeal or within such further time as may be allowed by the Registrar the appellant shall take out and deliver to the Sheriff a Notice of appeal in the Form set out in the Appendix hereto for service on the respondent. In default, the appeal will be set down before the Court for dismissal.12. Within a fortnight after the respondent has entered appearance in pursuance of the Notice of appeal served on him, or in case No appearance has been entered, after the affidavit of service of the Notice of appeal on the respondent is filed by the appellant, the Registrar shall set down the appeal in the list of the Judge for direction upon seven clear days’ Notice to the appellant, the Controller and the appearing respondents.13. When the appeal comes up for directions and from time to time thereafter, the Court may give such directions for discovery, inspection, production of documents, for filing of affidavits in answer or reply and for such other matters as may be necessary for the hearing of the appeal and for the trial of any question arising therefrom. The Court may direct service of Notice of appeal upon any person in such manner as the Court thinks fit. The Court may fix the date of hearing of the appeal and may adjourn the hearing from time to time.14. The appellant shall state in the petition of appeal the amount of value of the appeal which will be subject to revision by the Court.15. Copies of all orders required to be transmitted to the Controller in terms of the provisions contained in sections 58 and 151 of the Act will be so transmitted by the Registrar, Original Side, to the Controller within a fortnight from the date of completion of the said orders, unless otherwise ordered.16. In any suit for infringement of any patent or in any other proceeding before the Court under the Act, an application by any of the parties may be made to the Court under section 115 of the Act for appointment of an independent scientific adviser to assist the Court, or to enquire and report upon any such question of fact or of opinion, (Not involving a question of interpretation of law), as the Court may Formulate for the purpose. The application, unless otherwise directed by the Court, shall be made by way of a petition on seven clear days’ Notice to the other side. The application shall state (a) the necessity of having such an adviser, and (b) the points on which the said .Adviser’s assistance is required. The Court may appoint such an adviser also on its own motion.For the purpose of these rules “scientific adviser” includes persons with scientific qualifications, medical practitioners, engineers, architects, surveyors, accountants, actuaries and any other specially skilled persons whose opinion in relation to any matter before the Court may be of assistance to the Court.17. Upon such an application for appointment of an independent scientific adviser being made, the applicant may be required by the, Court to submit a list of scientific advisers willing to act and specially qualified for the purpose, stating their full names, their qualifications, their occupation and the remuneration likely to be charged by them per day or part thereof. The other party shall have the right, and may be required by the Court, to state the objections, if any, and the grounds of such objections to the appointment of any scientific adviser out of such list, in addition to their objection, if any, as to the necessity of appointment of the scientific adviser.18. The Court may, if the Court is satisfied that a scientific adviser should be appointed, select and appoint a scientific adviser out of such list or in a proper case select and appoint any other scientific adviser outside such list, if the Court thinks fit to do so, and may determine such remuneration for the said adviser as the Court considers proper. Such remuneration shall include the costs of making a report and the proper daily fee for any day on which the said adviser may be required to attend before the Court.19. When the Court takes the aid of a scientific adviser the Court may require the said adviser to state his views in writing, signed by him, on such specific points as the Court may Formulate. The view expressed by the scientific adviser shall Form a part of records of the proceeding.20. The Court may of its own motion or at the request of any party against whom the scientific adviser may express his views require the scientific adviser to appear in Court to give evidence before the Court and the party will have the right to examine the scientific adviser and to cross-examine him with regard to the view expressed by him. In the matter of examination of the scientific adviser the Court may give such direction as the Court may think necessary and if the scientific adviser considers it necessary to perForm any experiments or tests the Court may give appropriate direction. The Court may also give appropriate directions with regard to costs that may be incurred for such purpose.21. Appeal, if any, from any order of the Court in any proceeding under this Act shall be brought in accordance with the provisions of Chapter XXXI of the High Court Original Side Rules as far as practicable and such appeal shall be heard by a Bench of two Judges as determined by the Chief Justice from time to time.22. Costs of all proceedings before the Court will be in the discretion of the Court and shall be paid by such party or parties as the Court may order; unless otherwise ordered, the costs of application under the Act shall be taxed in the same manner as the costs of a motion on the Original Side of this Court and costs of an appeal, unless otherwise ordered, shall be taxed and allowed as of a defended suit on the Original Side of this Court. The costs of a reference under section 103 of the Act, unless otherwise ordered, shall be taxed in the scale of an appeal from a decree on the Original Side.23. Save as provided by the Act or by these rules, the practice and procedure of the Court and the provisions of the Code, so far as applicable, shall apply to all proceedings under the Act and these rules.24. The Court may, in any case in which it shall deem fit, extend or abridge the time appointed by these rules or fixed by an order of the Court for doing any act or taking any proceeding, ‘upon such terms (if any) as the justice of the case may require and any such enlargement may be ordered although the application for the same is Not made until after the expiration of the time appointed or allowed.25. Nothing in these rules shall be deemed to limit or otherwise affect the inherent powers of the Court to give such directions or pass such orders as may be necessary for the-ends of justice or to prevent abuse of the process of the Court.26. Any proceeding taken under the Patents Act, 1970, in this Court before the commencement of these rules will be continued and will be deemed to be a proceeding under these rules which will be made applicable.

Appendix

Form of Notice of Appeal under Rule 11

In The High Court At Calcutta Special Jurisdiction, Original Side

Matter No. ……………………….. of 20…………

In the matter of an appeal under section 116 of the Patents Act, 1970.

And

In the matter of Patent No.

And

In the matter of the Order of the Controller of Patents, dated the…………………………….. day of…………………………… 20…………………….. in Case No……………………………….. of 20 made under section of the said Act.

Appellant

versus

Respondent/Respondents

ToTake Notice that an Appeal has been presented by……………………………. the Appellant to the High Court at Calcutta from the Order of the Controller of Patents mentioned above and that such Appeal will be heard on the Original Side of this Court by the Judge taking appeals under the Patents Act, 1970.An appearance should be entered by you in the office of the Registrar of this Court on its. Original Side within ten days from the date of service of this Notice, exclusive of the day of such service. If No appearance.is so entered on your behalf, your advocates acting on the Original Side or by some one by law authorised to act for you, the appeal will be liable to be heard and decided in your absence.Witness Shri…………………………………………….. Chief Justice at……………………………… Calcutta aforesaid, the day of 20……………..

Registrar

N.B. The Notice is returnable within seven weeks from the.date of the Notice:

Part 12B

Rules

(under the Designs Act, 1911)

  1. In these rules-

(a) the “Act” means the Designs Act, 1911, as amended by the Patents Act, 1970.

(b) the “Controller” means the Controller of Patents, Designs and Trade Marks appointed under section 4(1) of the Trade and Merchandise Marks Act, 1958.

(c) the “Court” means the Court presided over by the Judge taking Commercial Suits or such other Judge as the Chief Justice may, from time to time, determine.

  1. The rules contained in Part 12A of Chapter XXXVIII of the High Court, Original Side Rules, 1914 shall applymutatis mutandisto all new proceedings under the Act save as hereinafter mentioned.3. References under sections 51A(2) and 64(3) of the Act shall be made by a statement of the case to be prepared by the Controller and drawn up in numbered paragraphs setting out all the relevant facts and proceedings in their chroNological order and the contentions of the parties relating to the petition referred under the said sections. There shall be annexed to the statement of the case a copy of the petition and the copies of all documents relied upon by the parties. Such statement of the case shall be presented to the Registrar, Original Side, and shall be dealt with on the Original Side.4. Upon the statement of the case being filed, the Registrar shall lay the matter before the Court and the Court shall appoint a date for hearing of the reference.5. Notice of the date so fixed for the hearing of the reference shall be given by the Registrar to the. Controller or the Advocate or the Advocates acting on the Original Side acting for him, as the case may be, and to the party or parties as will appear from the documents filed by the Controller or to their Advocates or Advocates acting on the Original Side on record.6. On the returnable date of the Notice the Court may, if it thinks fit, dispose of the matter or may in its discretion give such direction or directions as may seem fit and proper.

Part 13

Rules under Section 106(14a) of the Insurance Act, 1938, as substituted by Section 4 of the Insurance (Second Amendment) Act, 1955

  1. Every application under section 106 of the Act shall be made on the Original Side of the Court.2.Every such application shall be entitled in the matter of the Act and in the matter of the applicant.3. Every such application shall be made by motion and shall be supported and answered by affidavits, unless in lieu thereof or in addition thereto, the Court shall direct oral testimony to be taken.4. Any rule granted on such application shall, unless the Court otherwise orders, be made returnable on a day to be fixed therein. The provisions of Chapter XX of the Original Side Rules shall mutatis mutandis apply to rules issued under this section.5. When cause is shown or answer made upon affidavit, putting in issue any material question of fact, the Court may adjourn the matter to some early day for hearing upon the testimony of witnesses to be examined in like manner as in a Suit.6. When a matter is adjourned for hearing upon the testimony of witnesses, either party may obtain summons to witnesses and the procedure in all other respects shall be similar to that followed in a Suit.7. While granting the rule, the Court may make an interim order of attachment of the property of the delinquent or property which may be deemed to belong to the delinquent within the meaning of sub-section (5) of section 106 of the Act or any property of the Insurer in the possession of the delinquent within the meaning of section 106(4)(b)(i) of the Act or any property transferred by the delinquent within two years before the commencement of proceedings under sub-section (1) or during the pendency of such proceedings, if the Court is satisfied by affidavit or otherwise that the transfer was otherwise than in good faith or consideration within the meaning of section 106(4)(b)(iii) of the Act.8. Any third person, claiming the property attached or having any objection to the attachment thereto, may apply to the Court to have such attachment set aside. The Court shall thereupon proceed to investigate the claim or objection in a summary manner and for the purpose may examine on oath the claimant or objector.9. After hearing such third person or any other person who may subsequently be ordered to appear, the Court may pass such order as it shall think fit upon such terms with respect to the claim or objection of such third person as to it shall seem just and reasonable.10. When any proceeding stands transferred to this Court under the provisions of sub-section (13) of section 106 of the Act, the applicant in such proceeding shall by letter request the Registrar to write to the Court from which the proceeding stands transferred to transmit the records thereof to this Court.11. The Registrar, on being satisfied that the proceeding so stands transferred, shall address a letter to the Court where the proceeding was pending asking for the records thereof.12. After the records have arrived, the Registrar shall give Notice to the parties to the proceeding, stating that it will be placed before the Court for directions. Such Notice shall at least a fortnight before the date fixed for directions, be sent to the addresses of the parties as may be found in the records of the proceeding. When the records are Not received, the Registrar shall place the matter before the Court Taking Coming Matters for directions.13. On the date when the matter comes up for directions, the Court may give such directions as it may think proper for the hearing thereof.14. If the records are in a language other than English, they shall be translated into English as soon as possible. The translation may, with the sanction of the Court, be made by either party or by such person and/or in such manner as the parties may agree.15. In all such transferred proceedings it shall Not be obligatory to engage Advocates acting on the Original Side, but all Advocates, whether entitled to practise on the Original Side or Not, Advocates acting on the Original Side and pleaders shall be entitled to act and plead therein.16. A Register shall be kept and maintained in the Registrar’s office in which all proceedings transferred under sub-section (13) of section 106 of the Act shall be entered and marked serially.

Rules under Section 106(14b) of the Insurance Act, 1938, as substituted by Section 4 of the Insurance (Second Amendment) Act, 1955

  1. Every Insurance Company, having its registered office within the jurisdiction of this Court, must file its Memorandum of Association and Articles of Association and all subsequent amendments thereto with the Registrar, Original Side.2.Every such Company shall each year file with the Registrar, Original Side, a copy of its Annual Balance Sheet, duly audited, which copy shall be verified by its principal officer and be submitted by the Registrar to the Full Court.

Part 14

  1. In every application for proceeding in Contempt, it shall be stated at the top that the jurisdiction invoked is ‘Special Jurisdiction’ of the Court and that the subject-matter is ‘Contempt of Court’.

Part 15

Rules under Section 73 of the Copyright Act, 1957 (Act XIV of 1957)

  1. Subject to these Rules, all appeals from a final decision or order of the Copyright Board shall be made to the High Court, in accordance with the provisions of Chapter XXXI of the Rules prescribed by the Calcutta High Court in its Original Side, and such Rules will apply to such appealsmutatis mutandis, save and except that all such appeals shall be heard by a Bench of two Judges appointed by the Chief Justice.2. Every Memorandum of Appeal shall be drawn up in the manner prescribed by Order XLI, Rule 1 of the Code of Civil Procedure, and shall be presented to the Registrar, Original Side, accompanied by a certified copy of the final decision or order appealed from.3. Such Memorandum of Appeal shall bear a stamp of Rs. 48 (Rupees Forty-eight) only.4. There shall be kept a separate register of appeals from a final decision or order of the Copyright Board.5. Notice of appeal shall be in Form No. 2, with suitable modification, so as to make it clear that it is an appeal from a final decision or order of the Copyright Board.6. The Paper-Book shall contain the following documents:-

(i) Petition or application before the Board;

(ii) Written statement or petition of objection or reply as the case may be;

(iii) Depositions of witnesses, if any;

(iv) Copies of documents exhibited before the Board;

(v) Copies of any document rejected by the Board where its rejection is a ground of appeal or cross-objection;

(vi) Copy of the final decision or order of the Copyright Board;

(vii) Copies of all affidavits and records used by the Board under section 74 of the Act;

(viii) Such other document or documents as the Registrar or the Court may direct to be included.

  1. The Paper-Book shall have an index. There shall be a printed Paper-Book unless the Court otherwise directs.8.Upon the filing of the Memorandum of Appeal, the Registrar shall request the Copyright Board to transmit the record of the case to this High Court.Where and in so far as the record consists of any entry in a register kept by the Registrar of Copyrights or the Copyright Board, only a certified copy shall be transmitted.Upon receiving the record the Registrar shall give Notice to the other parties or their Advocates acting on the Original Side who will thereupon be entitled to take inspection thereof.Within a week from the date of the receipt of such Notice or such further time as the Registrar may allow, the Appellant shall prepare the index and send the same to the Respondent for approval and thereupon the remaining provisions of Rule 15 of Chapter XXXI of the Original Side Rules regarding the preparation and settlement of the Index shall apply.9. Taxation of costs shall be as in appeals from an original order of this Court.

Part 16

Whenever an order is made by the Court or a Judge for production of the original records of the Legislature of the Union of India or of a State or of a Committee of such Legislature the Registrar shall send a letter of request in the Form set out in Appendix NN.

Note: In issuing a letter of request as provided in the above rule the provision of Sec.78(2) of the Evidence Act should be borne in mind so as to ensure that the parliament or a State legislature is moved only when unpublished documents in its custody are required in evidence.

Part 17

Rules regarding Appeals under Section 11 of the Indian Trade Unions Act, 1926

  1. All appeals to the High Court under section 11 of the Indian Trade Unions Act, 1926, shall be heard on the Original Side by the Judge dealing with Company matters or such other Judge as the Chief Justice may from time to time appoint.2.Every such appeal shall be entitled:-In the matter of an Appeal under Section 11 of the Indian Trade Unions Act, 1926

And

In the matter of the order, dated……………………….. the made by …………………..

And

…………………Appellant

versus

…………………Respondent

  1. Such appeal shall be in the Form of a petition duly signed and verified, giving the names and addresses of the parties to the appeal and stating clearly the facts, the grounds of appeal and the relief prayed for and, unless the Judge otherwise orders, accompanied by a certified copy of the order appealed from. The Registrar of Trade Unions shall be made a party to every appeal. The petition of appeal shall be presented to the Registrar, Original Side.4.Within a week from the date of admission of the petition of appeal or within such further time as may be allowed by the Registrar, the appellant shall take out and deliver to the Sheriff a Notice in the Form set out in the Appendix herein for service on the respondent. In default the appeal may be set down before the Judge for dismissal.5. Within a fortnight after the respondent has entered appearance in pursuance of the Notice served on him or in case No appearance has been entered, after the affidavit of service of the Notice on the respondent is filed by the appellant, the Registrar shall set down the appeal in the list of the Judge for directions. Two days’ Notice of such setting down shall be given by the Registrar to the appellant, the Registrar of Trade Unions and the appearing respondents.6. Where the appeal comes up for directions and from time to time thereafter the Judge may give such directions for discovery, inspection and production of documents, for filing of affidavits in answer or reply and for all other matters as may be necessary for the hearing of the appeal and for the trial of any question arising therein. The Judge may direct the service of the Notice of appeal upon any person in such manner as he thinks fit. The Judge may fix the date of the hearing of the appeal and may adjourn the hearing from time to time.7. The costs of and incidental to the appeal shall unless otherwise ordered by the Judge be taxed and allowed as if the appeal were a suit tried on the Original Side.

Appendix

Form of Notice of Appeal under Rule 4

In The High Court At Calcutta

(Special jurisdiction)

In the matter of an appeal under section 11 of the Indian Trade Unions Act, 1926

And

In the matter of the order, dated the…………………………………………. made by……………………………..

And

……………………….Appellant

versus

……………………….Respondent

To.Take Notice that an appeal has been presented by the appellant to the High Court at Calcutta from the order mentioned above and that such appeal will be heard on the Original Side of this Court by the Judge taking appeals under the Indian Trade Unions ACt, 1926.An appearance should be entered by you in the office of the Registrar of this Court on its Original Side within 10 days from the date of service of this Notice, exclusive of the day of such service. If No appearance is so entered on your behalf by yourself, your Advocate acting on the Original Side or by some one by law authorised to act for you, the appeal will be liable to be heard and decided in your absence.Witness Shri…………………………………………………, Chief Justice at Calcutta aforesaid, the…………………………… day of ………………………………N.B. : The Notice is returnable within seven weeks from the date of the Notice.

Part 18

Rule in connection with trials under Section 454(5) and (5A) of the Companies Act, 1956

All summonses, Notices, and processes in connection with trials under section 454(5) and (5A) of the Companies Act, 1956, shall be issued from and returned into the Office of the Registrar and shall be signed and sealed by him.

Part 19

Rules under Section 21, Chapter V of the Cost and Works Accountants Act, 1959

For the purpose of exercising the special jurisdiction conferred by section 21 of the Cost and Works Accountants Act, 1959, in regard to references made thereunder and in exercise of its inherent jurisdiction, the High Court has framed the following rules and directed the same to be inserted in the Original Side Rules.1. Reference to be forwarded to Registrar. – All references to the High Court under section 21 of the Cost and Works Accountants Act, 1959, shall be forwarded to the Registrar, Original Side, and shall be heard on the Original Side.2. Statement of the case. – Such reference shall be in the Form of a statement of the case. The statement of the case shall be drawn up by the Secretary or any other authorised officer of the Council and shall be in the Form of numbered paragraphs setting out in brief, as far as practicable, all relevant facts and proceedings in chroNological order and, in particular, the nature of the complaint, and when the complaint is by a person, other than the Central Government, the name, address and occupation of such complainant and a short record of the membership of the person against whom the complaint is made. Such statement shall also contain in an annexure, the complaint, written statement, if any, of the member concerned, the report of the Disciplinary Committee, depositions of witnesses if any taken before the Council and the findings of the Council.3. Paper Books. – Six copies of typed or printed Paper-Books in respect of reference shall be filed by the Council within one month of (or within such further time as the Registrar may from time to time allow) of the forwarding of reference. Two copies of such Paper. Books shall be supplied by the Council to the member concerned and also the Central Government without any charge.4. Appointment of Bench to hear. – Upon the Paper-Books being filed the Registrar shall lay the matter before the Chief Justice who shall appoint a Bench of two Judges to hear the reference and shall fix a date for hearing.5. Notice to parties. – Notice of the day fixed for hearing shall be given by the Registrar to the member of the Institute concerned, the Council and to the Central Government and if the proceedings have been initiated on the complaint of a private person such Notice shall also be given to the complainant. Such Notices shall be sent by registered post with ackNowledgement due. If such Notice sent to the member concerned is returned unserved with an endorsement indicating that the addressee has refused to accept the Notice, the Notice shall, subject to any further order of the Court, be deemed to have been served.6. Who may act. – The member against whom a complaint is made shall have a right to defend himself before the Bench either in person or through an Advocate enrolled in the High Court. Advocates Not otherwise entitled to practise on the Original Side shall be entitled to act and plead in all matters governed by this rule.7. Procedure to hearing. – Except as otherwise provided in these rules, the provisions of the Code of Civil Procedure shall ordinarily apply but the Court shall have power to regulate its procedure in such manner as it considers necessary and during the course of enquiry may examine witnesses on oath, receive affidavits and any other oral or documentary evidence.8. Adjournment. – The Court may adjourn the hearing from time to time and give such directions as may be necessary.9. Final order to be transmitted to Council. – After the hearing of the reference when the Court has passed final orders the Registrar shall transmit the said orders to the Secretary of the Council.10. Costs. – (a) The Council and the parties shall ordinarily bear and pay their own respective costs of reference and all matters incidental thereto. But the Court may by special order direct that costs be paid by such party or parties as the Court may think fit, and also determine as it thinks fit the amount of such costs.

(b) Unless otherwise ordered, the costs where necessary will be taxed according to scale on the Original Side and in the same manner as a hearing of appeal from decree of Original Side including fees to Advocates entitled to practise on the Original Side.

Part 20

Amendment of Original Side Rules relating to Appeal and Application etc. to the High Court under Sections 260A and 256 of the Income Tax Act, 1961, Sections 35G and 35H of the Central Excise Act, 1944, Sections 130A and 130 of the Customs Act, 1962, and Sections 27A and 27 of the Wealth Tax Act, 1957 and Section 35 of the Foreign Exchange Management Act, 1999

&

Service Tax References under the Finance Act, 1994

  1. Short title, application and commencement.– (1) These rules shall be called as the “Rules of Appeals and Aplications (Reference) etc. to the High Court under the Income Tax Act, 1961 and the corresponding provisions enacted in sections 35G and 35H of the Central Excise Act, 1944; sections 130A and 130 of the Customs Act, 1962; sections 27A and 27 of the Wealth Tax Act, 1957 and section 35 of the Foreign Exchange Management Act, 1999.(1.1) These rules shall governmutatis mutandis the appeals and applications (reference) etc. to the High Court under sections 260A and 256 of the Income Tax Act, 1961; sections 35G and 35H of the Central Excise Act, 1944; sections 130A and 130 of the Customs Act, 1962; sections 27A and 27 of the Wealth Tax Act, 1957 and section 35 of the Foreign Exchange Management Act, 1999 and all revenue laws containing similar provisions for appeals, applications (references) etc.(1.2) These rules shall be in addition to or supplement to the rules relating to appeal to the High Court provided in the Code of Civil Procedure.(1.3) These rules shall come into force with effect from the date of their publication except the rules relating to payment of court fees, which will come into force from 17th June 2004.2. Presentation of memo/application. – All appeals and applications under these rules shall be presented to the Registrar, Original Side and shall be dealt with on the Original Side.3. Application of CPC. – The provisions relating to appeal provided in the Code of Civil Procedure shall be applicable to an appeal under these rules, as far as may be.4. Form of memo of appeal. – The memorandum of appeal shall be drawn as far as may be in terms of Rule 1 of Order 41 CPC read with the rules provided in Chapter XXXI of these rules relating to civil appeals to a Division Bench.4. 1. Court fee on consolidated appeal/reference. – One consolidated appeal or reference with one certified copy/order in original may be preferred or made against consolidated orders of the Tribunal covering more than one assessment year of one assessee or one or more assessment years of different assessees:Provided, however, in respect of consglidated reference one court fee shall be payable:Provided, further, in respect of block assessment comprising of several assessment years arising out of one proceeding one court fee shall be payable.4. 2. In respect of consolidated appeals as much court fees as the assessment years or assessees, as the case may be, shall be paid as payable on the memo of appeal. Consolidated appeals preferred with one court fees shall Not be heard until the deficit court fees are paid as payable on the memo:Provided that this rule shall Not apply in respect of cases where the appeals are disposed of prior to 17th June 2004.5. Report by the Stamp Reporter. – After the appeal/application is filed, it shall be placed before the Stamp Reporter for reporting as to the sufficiency of the court fees paid and as to limitation and such other Formalities to be complied with by the appellant/applicant. The Registrar shall place the matter before the Stamp Reporter within the next working day. The Stamp Reporter shall append his Note within a week. The matter shall then be posted for hearing on admission of the appeal/application. Notice of such appeal/application shall be served by the appellant/applicant along with copy of the memo of appeal /application upon the respondent before its hearing on admission and affidavit of service shall be filed at or before such hearing or within such time as the court may extend.5. 1. Notice as aforesaid shall be served either by the appellant/ applicant or by the advocate on record of the appellant/applicant or by a messenger authorised by him or by registered post or speed post, in either case with ackNowledgment due, or by courier service.6. Admission of the appeal/application. – Upon the appeal/ application being set down for hearing on admission unless it is barred by limitation or unless there is any other difficulty, Court may, without hearing the respondent, dismiss the appeal/application or direct the appeal/application to be heard. However, at its discretion the Court may hear the respondent if he appears at the time of admission of the appeal/application.7. Preparation of Paper-Book. – After the appeal is admitted or statement of the case is received, as the case may be, the appellant/ applicant shall prepare the Paper-Book within three months and shall file two copies thereof for the use of the Division Bench. In case the matter is referred to a larger Bench, the appellant/applicant shall file as many number of Paper Books for each of the Judges of the larger Bench.7. 1. The records need Not be called for. The Paper-Book shall contain all relevant papers relating to the case as were on record.7. 2. The Paper-Books shall be prepared by the party at whose instance the appeal has been preferred or reference has been made.7. 3. In the event the Paper-Book is Not filed within a period of three months from the date of admission of the appeal or receipt of the statement of the case, as the. case may be, with the leave of the Court; the respondent.may prepare and deliver such Paper-Book or he.may apply upon Notice to the party at whose instance the appeal was preferred or reference-was made to have the appeal or reference dismissed for want of prosecution or for such other order or orders Where No such.application is made, the case shall be set down in the next peremptory list of revenue appeals /references and shall be disposed of by the Court as it Shall think fit.8. Contents of Paper book. – The Paper:Book filed .in Court shall contain a certificate signed by the Attorney or Advocate for the party responsible for the preparation. of the Paper-Book that the copies printed therein are true copies of the certified copies furnished to him of the original documents on record. The Paper-.Book shall be arranged in the following manner namely statement of the case (in case of reference), the order of assessment, the order on the appeal before the CIT (Appeals), the order of the Tribunal.and other papers relating to chroNological development of the proceedings necessary to enable the Court to decide the matter. The memorandum of appeal, application, the respondent’s reply thereto, if arty; and the order of admission or directing reference, as the case may be, shall be appended last.8. 1. The Paper-Book Shall be bound with strong cardboard. It might be printed or typewritten or cyclostyled or xeroxed. Unless the printing of the Paper-Book is legible, the Paper-Book shall be rejected and the appeal shall be dismissed: In case the xerox copies of the relevant documents are illegible or difficult to read, typed or printed copies thereof shall be furnished in addition to the xerox copies.8. 2. The Paper-Book shall Contain an index placed before any other document.8. 2.1. It shall Not be necessary to have the Index settled, but the party, at whose instance the reference has been made or appeal filed, Shall, within a fortnight of the receipt of the Notice of the submission of the statement of the case or admission of the appeal, as the case may be, or such further time as the Registrar may allow, prepare the Index and serve on the Respondent a copy thereof.8. 2.2. If any document required to be included in the Paper-Book be Not in the English Language, an English translation thereof shall be printed and included and such translation shall be made by one of the sworn Translators of Court in accordance with the Rules of the Original Side.8. 2.3. If a document or documents required to be included in the Paper-Book be such that the same canNot be conveniently included, e.g.; the Memorandum and the Articles of Association of a Company or a Balance Sheet, or Profit and Loss Account, but a sufficient number thereof are available in print, such document or documents need Not be printed and included, provided the necessary number can be and are supplied, for the use of the Court and also for the use of the Respondent and, in such case, a Note to the above effect shall be included in the Index to the Paper-Book.9. Notice and filing Paper-Book. – The party at whose instance the appeal has been filed or reference has been made shall, after filing the Paper Books and printed copies of the further documents, if any, required to be filed forthwith give Notice thereof to the Respondent and shall, along with such Notice, serve him with four copies of the Paper-Book, free of cost and also with four printed copies of the document or documents, if any, Not included in the Paper-Book by virtue of the provisions of rules 8.2.3, free of cost. If the Respondent requires further copies of the Paper-Book or printed documents, he shall be entitled to have them only on payment of ‘proportionate charges of preparing the Paper-Books and documents and only if further copies are available.10. Cost of Paper-Book. – The cost of preparation of the Paper-Books shall be costs in the appeal.11. Appointment of Bench to hear. – Upon the Paper-Books being filed the Registrar shall lay the matter before the Chief Justice who shall appoint a Bench of two Judges to hear the appeal/reference and shall fix a day for the hearing, unless there is a regular Bench of two Judges where such matters are ordinarily placed.11. 1. All appeals/references under these rules shall be placed for all purposes before a Bench of Not less than two Judges of the Court, in the Original Side, and shall be decided in accordance with the opinion of such Judges or of the majority, if any, of such Judges.11. 2. Where there is No such majority, the Judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the Judges of the High Court and such point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it.12. Notice of hearing. – Notice of the day fixed for the hearing of appeal or reference shall be given by the Registrar to all parties.13. Appearance of Advocates. – Advocates Not entitled to practise on the Original Side and Advocates so entitled under Chapter 1, rule 2(iii), (iv) and (vi) and Attorneys, shall be entitled to appear and act in all matters governed by these rules.14. Cost of appeal/reference. – Cost in all tax matters are within the discretion of the Court, and will be paid by such party or parties as the Court may order. Unless otherwise ordered, they will be taxed according to the scale on the Original Side. Costs of and incidental to an appeal or reference will be taxed in the same manner as of a hearing of an appeal from a decree of the Original Side. Cost of and incidental to an application shall ordinarily be taxed as of a Motion on the Original Side and when such application has resulted in a Reference being directed or appeal being admitted, the costs of the application shall be included in the costs of such reference or the appeal. Advocates who appear and plead, whether instructed by another Advocate or an Attorney, shall be allowed the same fees as are allowed to Counsel under rules 32 and 33 of Chapter XXXVI of the Rules of the Original Side (including fees to second and third Advocates, if so allowed by the Court).14.1. The costs of an Advocate or Attorney appearing and acting, or of an Advocate both pleading and acting, shall be taxed as far as possible according to the scale on the Original Side. In cases where No detailed bill is filed, or in which the Taxing Officer finds such scale difficult to apply, he may allow such a lump sum in lieu of taxed costs as may appear to him to be fair and reasonable.14.2. An Advocate both pleading and acting shall be entitled to fees for appearing as such Advocate only and Not, in addition, to any fees that would have been payable to him for acting and instructing another Advocate.15. Savings. – The rules under the Income Tax Act as contained in Appendix I, Part I, Appendices (Part II) of the Rules of the High Court, Calcutta 1914, O.S. (5th Edition), Vol. II, as applicable to all corresponding proceedings under the Income Tax Act, 1961 and other revenue laws shall continue to govern the references to the High Court under section 256 of the Act and the other revenue laws so far those are Not inconsistent with these rules.16. Application. – These rules shall govern all appeals and applications (reference) etc. to the High Court under sections 260A and 256 of the 1961 Act and the corresponding revenue laws pending or shall be filed hereafter.17. Power to relax. – However, the Court may relax at its discretion with regard to the compliance of any of the rules in respect of appeals and applications (reference) etc. pending on the date these rules become effective.

Income Tax Act, 1961

Section 256 – ReferenceSection 260A – Appeal to HC Section

260A(7) – CPC apply

Section 260B – Appeal to be heard by DB

Central Excise Act, 1944

Section 35G – Reference to HC /Now section 35HSection 35G – Appeal to HC substituted by Finance Act, 2003Section 35H – Application to High CourtSection 35G(7) & 35J – Ref./Appeal to be heard by DB

Section 35G(9) – CPC Apply

Section 83 – Finance Act, 1994

Customs Act, 1962

Section 130 – Reference to HC/Now Appeal

Section 130(9) – CPC apply

Section 130(7) & 130C – Ref./ Appeal to be heard by DBSection 130A – Application to HC/Now same as before 1.7.2003

Wealth Tax Act, 1957

Section 27 – Reference to High CourtSection 27A – Appeal to High CourtSection 28 – Ref./Appeal to be heard by DB

Section 27(8) – CPC apply

FERA

Section 54 – Appeal to HC ……………….. No RulesNo appeal rule. No regulation making powerSection 46-47

Application of CPC – Not Mentioned

FEMA, 1999

Section 35 – Appeal to HC ………. No Rules.Section 46-47 – No Rule (for Appeal) power

Application of CPC – Not Mentioned

OS Rules

Rule XL …………… CPC apply + Practice

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