Bare Acts
Code of Criminal Procedure, 1973
353. Judgment. (1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the Presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,- (a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
(c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader.
(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court.
(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.
(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.
(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted :
Provided that, where there are more accused than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.
(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place.
(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465.
354. Language and contents of judgment.
354. Language and contents of judgment.(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353,-
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision ;
(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860)or other law under which, the accused is convicted and the punishment to which he is sentenced ;
(d) if it be a judgment of acquittal, shall state the
offence of which the accused is acquitted and direct that he be set at liberty.
(2) When the conviction is under the Indian Penal Code (45 of 1860), and it is doubtful under which of two sections, or under which Of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.
(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.
(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Code.
(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
(6) Every order under section 117 or sub-section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.
355. Metropolitan Magistrate’s judgment.
355. Metropolitan Magistrate’s judgment. Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely: - (a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the name of the complainant (if any) ;
(d) the name of the accused person, and his parentage and residence ;
(e) the offence complained of or proved;
(f) the plea of the accused and his examination (if any); (g) the final order;
(h) the date of such order;
(i) in all cases in which an appeal lies from the final
order either under section 373 or under sub-section (3) of section 374, a brief statement of the reasons for the decision.
356. Order for notifying address of previously convicted offender.
356. Order for notifying address of previously convicted offender.(1) When any person, having been convicted by a Court in India of an offence punishable under section 215, section 489A, section 489B, section 489C or section 489D of the Indian Penal Code,(45 of 1860) or of any offence punishable under Chapter XII or Chapter XVII of that Code, with imprisonment for a term of three years or upwards, is again convicted of any offence punishable under any of those sections or Chapters with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence.
(2) The provisions of sub-section (1) with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them.
(3) If such conviction is set aside on appeal or otherwise, such order shall become void.
(4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
(5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts.
(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated.
357. Order to pay compensation.
357. Order to pay compensation. (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied- (a) in defraying the expenses properly incurred in the prosecution;
(b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;
(c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death ;
(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.
(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.
(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.
(4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.
357-A. Victim compensation scheme : -
(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1)..
(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal and the victim has to be rehabilitated, it may make recommendation for compensation.
(4) where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.
(5) On receipt of such recommendations or on the application under sub-section (4) the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.
(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below tht rank of the officer-in-charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
358. Compensation to persons groundlessly arrested.
358. Compensation to persons groundlessly arrested. (1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one hundred rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.
(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one hundred rupees, as such Magistrate thinks fit.
(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.
359. Order to pay costs in non-cognizable cases.
359. Order to pay costs in non-cognizable cases.(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and pleader’s fees which the Court may consider reasonable.
(2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
361. Special reasons to be recorded in certain cases.
361. Special reasons to be recorded in certain cases. Where in any case the Court could have dealt with,-
(a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or
(b) a youthful offender under the Children Act, 1960 (60 of 1960), or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.
362. Court not to after judgment.
362. Court not to after judgement. Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.
363. Copy of judgement to be given to the accused and other persons.
363. Copy of judgement to be given to the accused and other persons.(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost.
(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and
such copy shall, in every case where the judgment is appealable by the accused, be given free of cost :
Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.
(3) The provisions of sub-section (2) shall apply in relation to an order under section 117 as they apply in relation to a judgment which is appealable by the accused.
(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred.
(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record :
Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost.
(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide.
364. Judgement when to be translated.
364. Judgement when to be translated. The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court and the accused so requires, a translation thereof into the language of the Court shall be added to such record.
365. Court of Session to send copy of finding and sentence to District Magistrate.
365. Court of Session to send copy of finding and sentence to District Magistrate. In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.
Criminal Manual
Judgments
43. (1) The arguments should be heard and judgment should be delivered as soon as possible, after the evidence is recorded. Some Magistrates do not hear arguments promptly and do not deliver judgments for a long time, even after the arguments are heard. This is the undesirable effect of wiping out the impressions, gained at the trial and during the course of arguments. There should, therefore be prompt hearing of arguments after the recording of evidence is over and judgments should be delivered soon thereafter.
(2) While it is not necessary to lay down any hard and fast rules, Courts should avoid as par as possible, pronouncing a judgment sentencing an accused to imprisonment at the very close of the day's sitting or immediately before a holiday or series of holidays , unless, in non-bailable cases, the convict can be furnished with a copy of the judgment in time to enable him to apply for bail before the close of the day or before the holiday or holidays commence, or unless, in bailable cases, the Court releases the convict under Section 389(3) of the Code of Criminal Procedure, 1973.
44. At the head of every written judgment, the names of all the accused persons shall always be set out, together with the numbers by which they may respectively be referred to the Court in the course of the judgment.
45. (1) A judgment should be divided into consecutively numbered paragraphs of a reasonable length, and their division into sub-paragraphs should be avoided. This is mainly to facilitate reference to any particular portion of the judgment during the arguments in the appellate or revisional Court.
(2) The opening paragraph should state briefly the nature of the offence with which the accused is charged.
(3) The next paragraph or two should state briefly the prosecution case and defense, clearly distinguishing between what is admitted and what is not. Matters like the relative position of places and villages and distances between them and how the parties and witnesses are related to each other should be indicated, where such details are necessary, for a clear understanding of the case.
(4) The points that arise for decision should then be dealt with one by one , marshalling the evidence for and against considering the arguments, and giving a clear finding on each point. Witness should not be referred to by number alone. The accused person, where there are two or more, should ordinarily be referred to by their numbers. The various points should be dealt with in separate paragraphs, but some points may require more than one paragraph.
(5) Judgments should not be prolix and repetition should, as far as possible, be avoided.
(6) Attention of the Magistrate is invited to Section 354 (1) (a) of the Code of Criminal procedure,1973, and the following Government Notification, General Administration Department, No.OFL-1066(ii)-M,dated the 30th April, 1966, published in Government Gazette. Part IV-A,(Extraordinary), and they are directed that the judgments and orders in all cases and proceedings shall be written (either in English or in Marathi in Mofussil Courts (up to and inclusive of Session Courts)) although Marathi is determined to be the language of the Court.
(7) Provided that Marathi documents in the proceedings shall not be translated into English unless otherwise directed by the Court.
Notification(published in part IV-A) of the Maharashtra Government Gazette Extra-ordinary, dated 30th April, 1966
GENERAL ADMINISTRATION DEPARTMENT
Sachivalaya, Bombay-32, 30th April 1966
CODE OF CRIMINAL PROCEDURE,1898
No.OFL-1066-(ii)-M. In exercise of the powers conferred by Section 598 of the Code of Criminal Procedure, 1898 (V of 1898) in its application to the State of Maharashtra and in supersession of all previous notifications issued it this behalf, the Government of Maharashtra hereby, with effect from the 1st day of May,1966, determines Marathi to be the language of all Criminal Courts in the State (other than the High Court and Criminal Courts in Greater Bombay) except for the following purposes, namely :-
Charge.
Writs,warrants, summonses, notices and other processes which are required to be sent for service of execution to other Stats, and correspondence concerned therewith.
Post mortem notes and evidence of medical expert witnesses.
English notes of evidence recorded by the Presiding Officer.
Notes of Arguments.
Judgments and orders.
Paper Books in Appeals and Revisions to the District Court and the High Court.
Proceedings (both judicial and administrative) that are required to be submitted to the High Court.
Periodical returns and statements to the High Court or Statistical bureau.
All account books and returns and statements pertaining to accounts, budget estimates and correspondence pertaining to service matters.
Notification to be published in the Offical Gazette.
Department examinations.
Matters relating to departmental enquiries including reports and correspondence thereon with the High Court and Government.
Provided that, English may also be the language for the purposes of --
(a) Roznama;
(b) Jantries,
(bb) Complaints and application.
© Memoranda of appeals.
(g) Administratative orders.
(e) Correspondence with the High Court and Government.
(f) Service Books, travelling allowance bills, pay bills and other bills.
CORRECTION SLIP TO THE CRIMINAL MANUAL,1980.
No.16
In view of the amendement to Government Notification, General Administraton Department No. OFL. 1066(ii)-M, dated the 30th April 1966, vide Government Notification, General Administration Department, No.OFL.1088/CR-7/XX-B,dated the 24th January 1989, published in the Maharashtra Government Gazette,part IV-A,dated the 18th May 1989, the Honourable the Chief Justice and Judges are pleased to direct that the following amendements be made in Criminal Manual,1980,Volume-I :-
I
In sub-para (6) of paragraph 45 of Chapter VI of the Criminal Manual, 1980, substitute the words “eigher in English or in Marathi In Mofussil Courts (upto and inclusive of Sessions Courts)” for the words “only in English:.
II
In Government Notification General Administration Department, No.OFL.1066(ii)-M,dated 30th April 1966, appearing on Page 114 below sub-para (6) of paragraph 45 of Chapter VI of the Criminal Manual,1980, delete entry at serial No.6 and add in the provisio a new item as “(g) Judgment and Orders”.
Attention of the Magistrates and Sessions Judge is invited in the Supreme Court decision reported in Boucher Piarre Andre Vs. Superintendent, Central Jail, Tihar (A.I.R. 1975 S.C.164) and to the following observations of the High Court in Narayanan Nambeesan Vs. State of Maharashtra (76 B.I.R. 690) :-
“ ..............................The petitioners are entitled under section 428 of the Code of Criminal Procedure, 1973, to the set-off of the period of pre-conviction detention undergone by them, against the term of imprisonment imposed upon them on their conviction. The State and the Jail authorities concerned should, therefore, immediately give them the said benefit of set off.................. as a matter of healthy practice, the courts conviction detention that the accused may have undergone, for the purpose of enabling the authorities concerned to give effect to the provisions of Section 428 without delay (pages 702-703).
Whenever as enhanced sentence is passed on account of the previous conviction of the accused, the Court shall set Forth in its Judgment each of the previous convictions proved against the accused or admitted by him, specifying the date of the conviction the section under which it was made, and the sentence imposed.
In all cases in which sentences of exceptional security or unusual leniency are passed, or in which varying degrees of punishment are awarded to different persons convicted of the same offence in one trial, the judgment should contain the reasons which guided the Court in the determinations of the punishment.
(1) The Judgment should contain clear orders as to the disposal of property produced in the case.
When a criminal Court is, under the provisions of sections 452, 457 or 458 of the Code of Criminal Procedure,1973 required to pass an order in regard to the disposal of a counterfeit coin, the order should direct that the counterfeit coin be forwarded to the Treasury Officer.
Judgment should be temperately worded.
If a Judge or Magistrate finds it necessary to criticise the conduct of an official of another department in a Judgment, the criticism must be worded with utmost care having regard to the fact that in many cases the official has had no opportunity to refute the criticism or explain the action criticised. Personal imputations should not be made. A copy of the Judgment should be supplied to the official, superior to the official criticised.
Instances of abuse of authority or misconduct by the Police coming to the notice of a Presiding Officer should be reported to the District Magistrate by supplying him with a copy of the Judgment or otherwise, as may be convenient. When such a report is made by a Sessions Judge, the District Magistrate should report to the Sessions Judge the action taken. If the Sessions Judge is not satisfied with the action taken, he may refer the matter to the Registrar of the High Court.
The Criminal Courts, at the time of pronouncing, the judgment of conviction in all criminal cases arising out of road accidents wherein the trial has ended in the conviction of the accused, should draw the attention of the victim of the accident, or his heir to the fact that he has a right to compensation and that the remedy is available to him before the concerned Motor Accident Claims Tribunal.
In cases under the Protection of Civil Rights Act,1955, the Magistrates should supply, free of charge, a copy of each of the Judgments to the Director, Social Welfare, Maharashtra State, Pune.
Citation of Cases
All references in Judgments to Rulings of superior Courts should be cited both by the names of the parties as well as by the number of the volume and the page of the Report, e.g., Narayanan Nambeesan Vs. State of Maharashtra (76 Bom.L.R. 690)
Paragraphs to be numbered
The paragraphs in every Judgment, deposition, report or other paper containing more than two paragraphs should be numbered. The numbers of the paragraphs in the Judge`s or Magistrate`s English memorandum of evidence should be the same as those in the regional language deposition.
Reasons for less than Minimum Punishment
54.When punishment less than the minimum prescribed by law is awarded reasons for awarding a sentence less than the minimum prescribed shall be recorded in th Judgement.
Sentence
(A) Attention of all the Courts in invited to Sections 235(2) and 248(2) of the Code of Criminal Procedure,1973, according to which the courts shall hear the accused on the question of sentence, before passing it on him, according ot law.
According to the decision of the Supreme Court in A. I. R. 1976, S. C. 2386 ( Santa Singh Vs. State of Punjab), non-compliance with this provision ex-facie vitiates the order as it causes to the accused inherent and implicit prejudice, because of the infraction of the rules of natural justice according to which the accused is completely deprived of an opportunity to represent to the Court which manifestly results in a serious failure of justice.
In this behalf, attention of the Magistrates and Sessions Judges is further invited to the following decisions of the Supreme Court:-
(A.I.R.1977 S.C. 949) Shiv Mohan Sing Vs The State (Delhi Adminisrtaiion.)
(A.I.R.1977 S.C.1066)Narpal Singh and others Vs. State of Haryana.
(A.I.R.1977 S.C.1579)Dagdu and others Vs. State of Maharashtra.
(A.I.R.1977 S.C. 1747) Tarlok Singh Vs. State of Punjab.
(B)(1) The discretion granted to the Courts as to the amount and kind of punishment is extermely wide and Courts should exercise their discretion after a careful consideration of all the facts and circumstances of the case.
(2)Short sentences of imprisonment are seldom suitable. They do not act as a deterrent and the period is not long enough for the reformatory influences to workor for the offender`s learning any useful trade or occupation. They are also likely to cause harm by bringing first or casual offenders into contact with habitual offenders. Such sentences may, however, serve a useful purpose in the case of offeences against taxation laws, Food Adulteration Act and other law enacted to promote social welfare.
Cases, in which injuries have beer caused with axes, spears or other deadly weapons, should not, in the absence of special circumstances, be dealt with leniently.
The existence of previous convictions is not by itself a proper ground for passing a heavy sentence for a petty offence. The Court should consider the lapse of time after the expiry of the last sentence and pass a heavy sentence, only if it comes to the conclusion that the accused is a habitual criminal.
Attention of the Magistrates and Judges is invited to the mandatory provisions of section 361 of the Code of Criminal Procedure,1973, according to which the Court shall record in its Judgement the special reasons for not having dealt with the accused person under the provisions of the Probation of Offenders Act,1958 or The Bombay Children Act,1948, or any other law for the time being in force for the treatment, training or rehabilitation of the youthful offenders, in fit cases in which the Courts could have dealt with them accordingly with a view too give them the benefit of the said provisions.
The Probation of Offenders Act,1958 provides under section 3 for the release of offenders after admonition or on probation of good conduct and also for supervision by th Child Welfare officer (Probation). Under section 4 of this Act, an order for the release of an offender on his executing a bond for maintaining good behaviour, may be made, when he is convicted of any offence not punishable with death or imprisonment for life.
The Bombay Borstal Schools Act,1929 provides for the detention in the Borstal School of a young offender, in the case of a boy whose age is not less than 16 years or in the case of a girl whose age is not less than 18 years and in both cases not more than 21 years of age.
All these provisions should be availed of, particularly in the case of first offenders or if the offender is a young person. At a very early stage of the trial, the Court should consider whether the case is one, in which these provisions may suitably be used. If the Court considers that having regard to the age of the offender, the nature of the offence and the part played by him, the offender is likely to be given the benefit oth these provisions, it should cause inquiries to be made through the Child Welfare Officer (Probation) or otherwise and obtain fulll information regardin th offender`s age, character, antecedents, physical and mental conditions, the conditions in which he lives and the circumstances in which he came to commit the offence. After receiving this information, the Court should decide as to which provision can appropriately be used in the case.
If the Court does not give a young offender the benefit of any of the above provision, it should direct that he should undergo his sentence in the Juvenile Section of the Jail.
Fines
56.The amount of fine should be fixed after consideration of the pecuniary circumstances of the offender and the character and magnitude of the offence; unless otherwise provided by the law, fines for amounts which are not likely to be realised should not ordinarily be imposed.
The provisions of section65, Indian Penal Code, are overlooked by many Judges and Magistrates, and accused persons are awarded terms of imprisonment in default of payment of fine in excess of the maximum limit prescribed. The attention of all judges and Magistrates is, therefore, drawn to the provisions of section 65 Indian Penal Code. They will bear these provisions in mind when awarding terms of imprisonment in default of payment of fine.
Payments under section 357 or under section 359 of the Code of Criminal Procedure,1973 should not ordinarily be made unless the period allowed for presenting an appeal has elapsed or, if an appeal has been filed, after the decision of the appeal.
Code of Civil Procedure, 1908
ORDER XX
JUDGMENT AND DECREE
11. Judgment when pronounced
2 [(1)] The Court, after the case has bee heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders:
Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.
3[(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out and it shall not be necessary for the Court to read out the whole judgment,
4[* * *]
(3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is specially empowered by the High Court in this behalf:
Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the judge, bear the date on which it was pronounced, and form a part of the record.]
HIGH COURT AMENDMENTS
Andhra Pradesh.-
Same as in Madras.
Bombay.-
In Order XX, in rule 1, in sub-rule (3), omit the words "if the Judge is specially empowered by High Court in this behalf", (w.e.f. 1-10-1983)
Karnataka.-
In Order XX, renumber rule 1 as sub-rule (1) thereof and insert the following sub-rule, namely:-
"(2) The judgment may be pronounced by dictation to a shorthand writer in open Court, where the Presiding Judge has been specially empowered in that behalf by the High Court. Where the Presiding judge is not so empowered the judgment shall be reduced to writing before it is pronounced." (w.e.f. 30-3-1967}
Kerala.-
In Order XX, renumber rule 1 as sub-rule (1) thereof and insert the following sub-rule, namely:-
"(2) The judgment may be pronounced by dictation to a shorthand writer in open Court." (w.e.f. 9-6-1959)
Madras.-
In Order XX, for rule 1, substitute the following rule, namely:-
"1. (1) The Court, after the case has been heard, shall pronounce judgment in open Court, either, at once or on some future day, of which due notice shall be given to the parties or their pleaders.
(2) The judgment may be pronounced by dictation to a shorthand writer in open Court where the Presiding Judge has been specially empowered in that behalf by the High Court." (w.e.f. 6-5-1930)
1. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh; see the Outh Court Act, 1925 (U.P. 4 of 1925), s. 16(2).
2. Rule which was renumbered as sub rule (1) by Act No. 104 of 1976 has been substituted by Act No. 22 of 2002, section 13 (w.e.f. 1-7-2002).
3. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).
4. Certain words omitted by Act No. 46 of 1999 section 28 (w.e.f. 1-7-2002).
2. Power to pronounce judgment written by judge's predecessor
1[A Judge shall] pronounce a judgment written, but not pronounced, by his predecessor.
1. Subs, by Act No. 104 of 1976 for "A Judge may" (w.e.f. 1-2-1977).
13. Judgment to be signed
The judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added, to save as provided by section 152 or on review.
HIGH COURT AMENDMENTS
Andhra Pradesh.-
Same as in Madras.
Gujarat.-
In Order XX, for rule 3, substitute the following rule, namely:-
"3. Judgment to be signed.-
The judgment shall be dated and initialled by the Judge. When the judgment is once initialled by the Judge it shall not afterwards be altered or added to save as provided by section 152 or on review:
Provided that where the judgment is pronounced by dictation to a shorthand-writer in open Court, the transcript of the judgment so pronounced shall after making such corrections therein as may be necessary be signed by the Judge and shall bear the date of its pronouncement, and when the judgment is once so signed by the Judge it shall not afterwards be altered or added to save as provided by section 152 or on review."
Karnataka.-
In Order XX, for rule 3, substitute the rule as in Madras with the substitution of the words "section 152 of the Code or upon review" for the words "section 152 or on review", (w.e.f. 30-3-1967)
Kerala.-
Same as in Madras with the changes that for the words "provided also that where the Judge pronounces his judgment by dictation", substitute the words "provided that where the Judgment is pronounced by dictation", (w.e.f. 9-5-1959)
Madras.-
In Order XX, for rule 3, substitute the following new rule, namely:-
"3. Judgment to be signed-Transcript of Shorthand.-
The judgment shall bear the date on which it is pronounced and shall be signed by the Judge and, when once signed, shall not afterwards be altered or added to, save as provided by section 152 or on review, provided also that where the Judge pronounces his judgment by dictation to a shorthand writer in open Court the transcript of the Judgment so pronounced shall after such revision as may be deemed necessary, be signed by the Judge." (w.e.f. 6-5-1930).
Rajasthan.-
Renumber the existing rule 3 as sub-rule (1) of that rule and insert the following sub-rules, namely:-
"(2) Where the judgment is pronounced by dictation to a shorthand writer in open Court the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge and shall bear the date of its pronouncement.
(3) In cases where judgment is not written by the Judge in his own hand, and dictated and taken down verbation by another person, each page of the judgement shall be initialled by the Judge."
[Vide Notification, dated 23rd December, 1964.]
1. The provisions of rules 1, 3, 4, and 5 are not applicable to the Chief Court of Oudh; see the Oudh Courts Act, 1925 (U.P. 4 of 1925).
14. Judgments of Small Cause Courts
(1) Judgments of a Court of Small Causes need not contain more than the points for determination and the decision thereon.
(2) Judgments of other Courts—Judgments of other Courts contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.
HIGH COURT AMENDMENT
Kerala.-
In Order XX, in rule 4.-
(a) in sub-rule (1), for the marginal note "Judgment of Small Cause Courts", substitute the marginal note "Judgment in suits tried as Small Cause"; and for the words "Judgments of a Court of Small Causes", substitute the words "Judgments in suits tried as Small Causes".
(b) in sub-rule (2), for the marginal note "Judgment of other Courts", substitute the marginal note "Judgment in other cases"; and for the words "Judgments of other Courts" substitute the words "Judgment in all other cases."
[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]
1. The provisions of rules 1, 3, 4, and 5 are not applicable to the Chief Court of Oudh; see the Oudh Courts Act, 1925 (U.P. 4 of 1925).
15. Court to state its decision on each issue
In suits in which issue, have been framed, the Court shall state its finding or decision, with the reasons therefore, upon separate issue, unless the finding upon any one or more of the issue is sufficient for the suit.
1. The provisions of rules 1, 3, 4, and 5 are not applicable to the Chief Court of Oudh; see the Oudh Courts Act, 1925 (U.P. 4 of 1925).
1[5A. Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders
Except where both the parties are represented by pleaders, the Court shall, when it pronounces its judgment in a case subject to appeal, inform the parties present in Court as to the Court to which an appeal lies and the period of limitation for the filing of such appeal and place on record the information so given to the parties.]
1. Ins. by Act No. 104 of 1976.
6. Contents of decree
(1) The decree shall agree with the judgment; it shall contain the number of the suit, the 1[names and descriptions of the parties, their registered addresses,] and particulars of the claim and shall specify clearly the relief granted or other determination of the suit.
(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what property and in what proportions such costs are to be paid.
(3) The Court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter.
HIGH COURT AMENDMENTS
Andhra Pradesh.-
In Order XX, in rule 6,-
(a) in sub-rule (1), after the words "description of the parties", insert the words "their addresses for service",
(b) after sub-rule (2), insert the following sub-rule, namely:-
"(2A) In all cases in which an element of champerty or maintenance is proved, the Court may provide in the final decree for costs on a special scale approximating to the actual expenses reasonably incurred by the defendant."
Bombay.-
In Order XX, in rule 6, for sub-rule (1), substitute the following sub-rule, namely:-
"(1) The decree shall agree with the judgment; it shall contain the date of presentation of the plaint, the number of the plaint, the number of the suit, the names and descriptions of the parties, their registered addresses and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit." (w.e.f. 1-10-1983)
Delhi.-
Same as in Himachal Pradesh.
Himachal Pradesh.-
In Order XX, in rule 6, after sub-rule (1), insert the following sub-rule, namely:-
"(1A) In addition to the particulars mentioned in clause (1), the decree shall contain the addresses of the plaintiff and the defendant as given in O. VII, R. 19 and O. VIII, R. 11 or as subsequently altered under O. VII, R. 24 and O. VIII, R. 12 respectively."
Karnataka.-
In Order XX, for rule 6, substitute the following rule, namely:-
"6. Contents of decree.-
(1) The decree shall agree with the judgment; it shall contain the number of the suit, names and descriptions of the parties, their respective addresses for service as originally set out in their pleadings or where they have been subsequently changed in accordance with rule 14 of Order VI of this Code, such modified addresses, the particulars of the claim and shall specify clearly the relief granted or other determination of the suit.
(2) The decree shall also state the amount of costs incurred in the suit and by whom or out of what property and in what proportions such costs are to be paid.
(3) The Court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter.
(4) In all cases in which an element of champerty or maintenance is proved, the Court may provide in the final decree for costs on a special scale approximating to the actual expenses reasonably incurred by the defendant." (w.e.f. 30-3-1967)
Kerala.-
Same as in Andhra Pradesh (a), (w.e.f. 9-6-1959)
Madras.-
Same as in Andhra Pradesh. (w.e.f. 6-5-1930)
Punjab, Haryana and Chandigarh.-
In Order XX, in rule 6,-
(a) for rule (1), substitute the following sub-rule, namely:-
"(1) The decree shall agree with the judgment, it shall contain the number of the suit, the names and descriptions of the parties, their correct and latest addresses, {which shall be filed by the parties at or before the final arguments) and particulars of the claim and shall specify clearly the relief granted or other determination of the suit."
[Vide Notification G.S.R. 39/C.A. 5/1908/S. 12257 (w.e.f. 11-4-1975).]
(b) after sub-rule (1), insert sub-rule (1A) as in Himachal Pradesh.
1. Subs, by Act No. 104 of 1976 for "names and descriptions of the parties" (w.e.f. 1-2-1977).
1[6A. Preparation of decree
(1) Every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment is pronounced.
(2) An appeal may be preferred against the decree without filing a copy of the decree and in such a case the copy made available to the party by the court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose.
1. Subs, by Act No. 46 of 1999, section 28 (w.e.f. 1-2-2002)
6B. Copies of judgments when to be made available
Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment, of such charges as may be specified in the rules made by the High Court.]
7. Date of decree
The decree shall bear the day on which the judgment was pronounced, and when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree.
HIGH COURT AMENDMENTS
Bombay.-
In Order XX, in rule 7, insert the following proviso, namely-
"Provided that in proceeding taken in the Bombay City Civil Court the decree shall bear date the day on which the judgment was pronounced and it shall be engrossed in the office of the Registrar and be signed by him and sealed with the seal of the Court." (w.e.f. 1-10-1983)
Kerala.-
In Order XX, in rule 7, insert the following proviso, namely:-
"Provided that the decrees of the High Court may be signed by the officer empowered in that behalf." {w.e.f. 9-6-1959)
Allahabad.-
In Order XX, after rule 7, insert the following rule, namely:-
"7A. format Order.-
A Court, other than a Court subordinate to the District Court exercising insolvency jurisdiction, passing an order under section 144 or an order against which an appeal is allowed by section 104 or Rule 1 of Order XLII, or an order in any case, against which an appeal is allowed by law, shall, if a party applies for a copy of formal order or the Court so directs, draw up a formal order embodying its adjudication and the memorandum of costs incurred by the parties." {w.e.f. 3-10-1981)
8. Procedure where Judge has vacated office before signing decree
Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to which such Court was subordinate.
9. Decree for recovery of immovable property
Where the subject-matter of the suit is immovable property, the decree shall contain a description of such property sufficient to identify the same, and where such property can be identified boundaries or by numbers in a record of settlement or survey, the decree shall specify such boundaries or numbers.
10. Decree for delivery of movable property
Where the suit is for movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot be had.
11. Decree may direct payment by instalments
(1) Where and in so far as a decree is for the payment of money, the Court may for any sufficient reason 1[incorporate in the decree after hearing such of the parties who had appeared personally or by pleader at the last hearing, before judgment, an order that] payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable,
(2) Order, after decree, for payment by instalments—After the passing of any such decree the Court may, on the application of the judgment-debtor and with the consent of the decree-holder, order that payment of the amount decreed shall be postponed or shall be made by instalments on such terms as to the payment of interest, the attachment of the property of the judgment-debtor, or the taking of security from him, or otherwise, as it thinks fit.
HIGH COURT AMENDMENTS
Andhra Pradesh.-
Same as in Madras.
Madhya Pradesh.-
In Order XX, in rule 11, in sub-rule (2), for the words "and with the consent of the decree-holder", substitute the words "and after notice to the decree-holder".
Madras.-
In Order XX, in rule 11, in sub-rule (2), for the words "with the consent of", substitute the words "after notice to".
Orissa.-
Same as in Madhya Pradesh.
[Vide Notification No. 24-X-7-52, dated 30th March, 1954.]
1. Subs, by Act No. 104 of 1976, for certain words (w.e.f. 1-2-1977).
12. Decree for possession and mesne profits
(1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree—
(a) for the possession of the property;
1[(b) for the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent;
(ba) for the mesne profits or directing an inquiry as to mesne profits;]
(c) directing an inquiry as to rent or mesne profits from the institution of the suit until—
(i) the delivery of possession to the decree-holder,
(ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court, or
(iii) the expiration of three years from the date of the decree, whichever event first occurs.
(2) Where an inquiry is directed under clause (b) or clause (c), a final decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry.
HIGH COURT AMENDMENTS
Andhra Pradesh.-
Same as in Madras.
Karnataka.-
Same as in Madras except that for the words "the final decree", substitute the words "a final decree", (w.e.f. 30-3-1967)
Kerala.-
Same as in Madras, (w.e.f. 9-6-1959)
Madras.-
In Order XX, in rule 12, after sub-rule (2), insert the following sub-rule, namely:-
"(3) Where an Appellate Court directs such an inquiry, it may direct the Court of first instance to make the inquiry; and in every case the Court of first instance may of its own accord, and shall whenever moved to do so by the decree-holder, inquire and pass the final decree."
[Vide Dis. No 93 of 1941.]
1. Subs, by Act No. 104 of 1976 for cl. (b) (w.e.f. 1-2-1977).
1[12A. Decree for specific performance of contract for the sale or lease of immovable property
Where a decree for the specific performance of contract for the sale or lease of immovable property orders that the purchase money or other sum be paid by the purchaser or lessee, it shall specify the period within which the payment shall be made.]
1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).
13. Decree in administration suit
(1) Where a suit is for an account of any property and for its due administration under the decree of the Court, the Court shall, before passing the final decree, pass a preliminary decree ordering such accounts and inquiries to be taken and made, and giving such other directions as it thinks fit.
(2) In the administration by the Court of the property of any deceased person, if such property proves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being, within the local limits of the Court in which the administration suit, is pending with respect to the estates of persons adjudged or declared insolvent, and all persons who in any such case would be entitled to be paid out of such property, may come in under the preliminary decree, and make such claims against the same as they may respectively be entitled to by virtue of this Code.
14. Decree in pre-emption suit
(1) Where the Court decrees a claim to preemption in respect of a particular sale of property and the purchase-money has not been paid into Court, the decree shall—
(a) specify a day on or before which the purchase-money shall be so paid, and
(b) direct that on payment into Court of such purchase-money, together with the costs (if any) decrees against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver possession of the property to the plaintiff, whose title thereto shall be deemed to have accused from the date of such payment, but that, if the purchase-money and the costs (if any) are not so paid, the suit shall be dismissed with costs.
(2) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct,—
(a) if and in so far as the claims decreed are equal in degree, that the claim of each pre-emptor complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of the property including any proportionate share in respect of which the claim of any pre-emptor failing to comply with the said provisions would but for such default, have taken effect; and
(b) if and in so far as the claims decreed are different in degree, that the claim of the inferior pre-emption shall not take effect unless and until the superior pre-emptor has failed to comply with the said provisions.
HIGH COURT AMENDMENTS
Bombay.-
In Order XX, in rule 14, in sub-rule (1)7 after clause (b), insert the following proviso, namely:-
"Provided that if there are crops standing on the property, possession of the property shall not be delivered to the plaintiff until such crops have been reaped. The plaintiff shall however, be entitled to simple interest not exceeding 6 per cent, per annum at the discretion of the Court on the amount deposited by him in Court in respect of the period between the date of payment into Court by him of the purchase money and the costs (if any) and the date on which delivery of possession to him by the defendant take place." (w.e.f. 1-10-1983)
Karnataka.-
In Order XX, in rule 14, in sub-rule (2), after clause (b), insert the following proviso, namely:-
"Provided that if there are crops standing on the property the Court may postpone the delivery of property to the plaintiff till after the crops have been reaped and direct that the plaintiff be paid by the defendant simple interest at such rate as may be fixed not exceeding 6 per cent, per annum on the amount deposited by the plaintiff in Court in respect of the period between the date of deposit into Court of the purchase money and costs, if any, and the date to which delivery of possession has been postponed." (w.e.f. 30-3-1967)
Madhya Pradesh.-
Same as in Bombay.
15. Decree in suit for dissolution of partnership
Where a suit is for the dissolution of partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.
16. Decree in suit for account between principal and agent
In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not herein before provided for, where it is necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken, the Court shall, before passing its final decree, pass preliminary decree directing such accounts to be taken as it thinks fit.
17. Special directions as to accounts
The Court may either by the decree directing an account to be taken or by any subsequent order give special directions with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained with liberty to the parties interested to take such objection thereto as they may be advised.
18. Decree in suit for partition of property or separate possession of a share therein
Where the Court passes a decree for the partition of property or for the separate possession of a share therein, then,—
(1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the Government, the decree shall declare the rights of the several parties interested 'in the property,-but .shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with such declaration and with the provisions of section 54;
(2) if and in so far as such decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the right of the several parties interested in the property and giving such further directions as may be required.
HIGH COURT AMENDMENT
Kerala.-
In Order XX, for rule 18, substitute the following rule, namely:-
"18. When the Court passes a decree for the partition of property or for the separate possession of a share therein the Court may, if the partition or separation cannot be conveniently made without further inquiry pass a preliminary decree declaring the rights of the several parties interested in the property and giving such further directions as may be required.
19. Decree when set-off or counter-claims is allowed
(1) Where the defendant has been allowed a set-off 1[or counter-claim] against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party.
(2) Appeal from decree relating to set-off or counter-claim—Any decree passed in a suit in which a set-off 1[or counter-claim] is claimed shall be subject to the same provisions in respect of appeal to which it would have been subject if not set-off1[or counter-claim] had been claimed.
(3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII or otherwise.
HIGH COURT AMENDMENT
Allahabad.-
In Order XX, in rule 19, in sub-rule (1), at the end, for the full-stop, substitute a comma and insert the following words, namely:-
"but no decree shall be passed against the plaintiff unless the claim to set off was within limitation on the date on which the written statement was presented."
[Vide Notification No. 1353/35 (a)-3, dated 21st March, 1936.]
1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).
20. Certified copies of judgment and decree to be furnished
Certified copies of the judgment and decree shall be furnished to the parties on application to the Court, and at their expense.
HIGH COURT AMENDMENTS
Bombay.-
In Order XX, renumber rule 20 as sub-rule (1) of that rule and insert the following sub-rule, namely:-
"(2) Application may be made by the party himself or by his pleader and may also be sent by post. Whenever such application is sent by post the same shall be sent by the Registered post prepaid for acknowledgement. When the application is sent by post, it shall be deemed to have been made on the date of posting if the application is made by registered post, but only on the date of its receipt by the office of the Court in case when it is sent by post other than registered post." (w.e.f. 1-10-1983}
Madhya Pradesh.-In Order XX, for rule 20, substitute the following rule, namely:-
"20. Certified copies of Judgment and decree shall be furnished to the parties on application, and at their expense.-Applications for copies may be presented in person or by an agent or a pleader or sent by post to the head copyist of the office at the place where the record from which the copies are applied for, will eventually be deposited for safe custody. When copies from a record in the temporary custody of a Court at a station where there is no record room are required, applications may be presented in person by an agent or a pleader to the Senior Judge at that station:
Provided that the Judge shall neither comply with applications received by post nor send copies by post." (w.e.f. 13-6-1952}
Civil Manual
CHAPTER XI
JUDGMENT, DECREE ANT TAXATION OF COSTS
Judgment and Decree
267. The attention of the Courts is drawn to section 33, and rules 1 to 5 and 5-A of Order XX of the Code of Civil Procedure, 1908, as amended by Act No. 104 of 1976 containing the detailed directions in regard to the pronouncement of judgments.
It should particularly be borne in mind that the judgment should be pronounced in open Court and the date on which the judgment is to be pronounced should be notified.
The Judge should separately endorse the date of his actually signing the transcript of the judgment.
268. All judgments and orders should be written only in English. All judgments and proceedings should be written only on foolscap paper, leaving one quarter margin of the sheet blank.
269. Every judgment should be prepared, duly numbered.
270. When a judgment or order is type-written, every sheet should bear the initials of the Judge.
271. Where Indian dates are mentioned in judgments, the corresponding dates according to the Gregorian Calendar should be added. The use of words in regional language should be avoided in judgments when English equivalents of such words can be used without detriment to the sense. If a word in regional language is used, its nearest English equivalent should be added in brackets.
272. A Judge should not hand over charge on transfer till he has disposed of all cases awaiting judgments. If he cannot do so within the time available before his departure, he should report to the District Judge who may retain him for a short period after obtaining the sanction from the High Court or the Government, as the case may be.
273. When a Civil Judge works at two places for some time alternatively, he may pronounce his judgment or order at either place with the assent of the parties at the close of the hearing.
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