সোমবার, ২ জানুয়ারী, ২০১২

Notice to Lower Court under Order XLI, Rule 13 of the Code of Civil Procedure.

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Form No. 1 (Civil)
Rule 33, Chapter V.
Notice to Lower Court under Order XLI, Rule 13 of the Code of Civil Procedure.
No………………..
IN TRE HIGH COURT OF EAST PAKISTAN
Civil Appellate Jurisdiction.
Appeal from…………………... No…………………. of ……………………...
Filed on ……………………… 19 ……………………
…………….. (No……………………. of 19…… of the Court of the …………..)
………………………………………………………. Appellant,
……………………………………………………….
Versus
………………………………………………………. Respondent.
……………………………………………………….
Whereas the abovementioned …………….. appeal has been preferred to this Court
against the Decree/Order of the Court of the ……………………., in the
abovementioned ………………………… and whereas the necessary Process-fee has
been paid by the appellant and whereas the ……….. day of …………. 19 ………. has
been fixed for the hearing of the said appeal in this Court:
It is ordered that notice of the said appeal do issue out of, and under the seal of this
Court directed to the abovenamed respondent requiring ………………… to appear
therein:
And it is further ordered that the said notice be forwarded to the ………...................
…………………..for service on the said respondent ……………..…………..
…………………….. and that the said ………………………… do submit to this
Court his return of service thereof on or before the ……………………...................
……………………………………
And it is further ordered that the said ………………………………………… do,
within one week from the receipt by him of this order, transmit to this Court the
record connected with the case [copies only of the plaint, of the written statement (if
any), of the order-sheet and of the papers directly relating to the proceeding under
Appeal] and it is further ordered that a copy of this order be forwarded to the said
………………………………………………. for his information and guidance.
Dated this ……………….. day of ………………. In the year of one thousand nine
hundred and ……………………………………….
fro Assistant Registrar.
N.B.- Matters within [ ] may be scored through when not required.
184
Form No. 2 (Civil)
Rule 33, Chapter V.
Notice of Lower Court under Order XLI, Rule 13 of the Code of Civil Procedure
No………………………
IN THE HIGH COURT OF EAST PAKISTAN
Civil Appellate Jurisdiction.
Appeal from ……………………………. No …………… of ……………………
Filed on ………………………………… 19 ……..
……………… of 19 …………… of the Court of the …………………………..
………………………………………………………. Appellant,
……………………………………………………….
Versus
………………………………………………………. Respondent.
……………………………………………………….
Whereas the abovementioned…………………. Appeal has been preferred to this
Court against the Decree/Order of the Court of the ……………………………… in
the abovementioned …………………………., and whereas the ………………….
day of ……………… 19………. has been fixed for the hearing of the said appeal in
this Court:
It is ordered that the said…………………………………………………… do, within
one week from the receipt by him of this order, transmit to this Court the record
connected with the case [copies only of the plaint, of the written (if any), of the ordersheet
and of the papers directly relating to the proceedings under appeal] and it is
further ordered that a copy of this order be forwarded to the said ……………………
………………….. for his information and guidance.
Dated this …………………. day of …………………….. in the year of one thousand
nine hundred and …………………………………………………..
for Assistant Registrar.
N.B.- Matters within [ ] may be scored through when not required.
185
Form No. 3 (Civil)
Rule 37, Chapter V.
The following First Second appeals from Orders/Decrees
Cross-Objections
have been registered on ……………….. 19 ……….. :-
Serial No.
1
Appeal No. and
year
2
Appellant
Name of first
Cross-Objector
HIGH COURT APPELLATE SIDE, Superintendent, F.A./S.A. Section.
Dhaka
The ………………………195 .
186
Form No. 4 (Civil)
Rule 40, Chapter V.
Notice to Respondent, under Order XLI, Rule 14, Civil
Procedure Code, of the day fixed for hearing of appeal.
IN THE HIGH COURT OF EAST PAKISTAN
Appeal from ………………… No………………….. of …………….19 …………..
Valued at Rs……………………………………………………
Appeal from the ………… of the Court of the ………………………
Dated the ………….. of ……………..19 .
Appellant
Versus
Respondent.
To , Respondent.
Take notice that appeal from the …………. Of the ………….. of ……….. in
this case has been presented by ………………………………………….., Advocate
for the abovementioned Appellant, and registered in this Court; and that the
…………….. day of ………………. 19 ………. (corresponding with the
……………. of …………..13………………) has been fixed for the entering of
appearance.
The appeal will be heard as soon thereafter as the business of the Court may permit,
but no notice of such further date shall be given except the inclusion of the appeal in
the Daily Cause List.
If no appearance is made on your behalf, by yourself, your Advocate or by some one
by law authorized to act for you in this appeal on the date of appearance
abovementioned, or before such later date on which the appeal may be heard, the
appeal will be heard and decided ex parte in your absence.
Signed and sealed by order of the Court this ……………….. day of ………………..
19 .
for Assistant Registrar.
187
Form No. 4A (Civil)
Rule 40, Chapter V.
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188
Form No. 5 (Civil)
Rule 77, Chapter V.
IN THE HIGH COURT OF EAST PAKISTAN
Civil Appellate and Revisional Jurisdiction
Civil No. of 19 .
Appellants/Petitioners
Versus
Respondents/Opposite Party.
We direct that
Formal order follows.
Sd.
Sd.
Dated 19 Judges.
Memo No.
Copy forwarded to of
For information and necessary action.
By order of the High Court,
High Court,
Civil Appellate Jurisdiction.
The 19 . Deputy Registrar.
Assistant Registrar
189
Form No. 6 (Civil)
Rule 33 (1), Chapter VI.
Notice for Grant of Certificate
[Notice under Order XLV, Rule 3(2), C.P.C.]
No. S.C.A.
IN THE HIGH COURT OF EAST PAKISTAN
Appellate Civil Jurisdiction
Application for leave to appeal to the Supreme Court of Pakistan.
No. of 19 .
(Appeal from No. of 19 .)
……………………………………………………………... Petitioners to the
Supreme Court,
versus
……………………………………………………………… Opposite Party…… to
the Supreme Court.
----------
To
The abovenamed Opposite Party……
Take notice that the abovenamed
petitioners to the Supreme Court of
Pakistan have applied to this Court for
a certificate that, as regards amount, or
value and nature, the above case fulfils
the requirements of section 110 of the
Code of Civil Procedure, 1908, or that
it is otherwise a fit one for appeal to
the Supreme Court of Pakistan.
The day of
19 is fixed for you to show
cause why the Court should not grant
the certificate asked for.
Given under my hand and the
seal of the Court this the day of
19 .
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Assistant Registrar.
190
Rule No. 7 (Civil)
Rule 50, Chapter VI
Notice of Admission of Appeal
No. S. C. A.
IN THE HIGH COURT OF EAST PAKISTAN
(Appellate Civil Jurisdiction)
Appeal to the Supreme Court of Pakistan.
No. of 19 .
(Appeal from No. of 19 .)
…………………………………………………………….. Appellant to the
Supreme Court
versus
…………………………………………………………….. Respondent to the
Supreme Court
-----------------------
To
The abovenamed Respondent to the Supreme Court.
Take notice that the above appeal to
Supreme Court of Pakistan, which has
been preferred against the Judgment
and decree of this Court passed in the
above appeal from No of
19 , was by an order of this Court,
dated the day to
19 , duly admitted under Order
XLV, Rule 8 of the Code of Civil
Procedure.
Dated this the day of in
the year one thousand nine hundred
and …………..
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By order,
Assistant Registrar.
191
Form No. 8 (Civil)
Rule 50, Chapter VI
Certificate of Notice of Admission
IN THE HIGH COURT OF EAST PAKISTAN
Appellate Civil Jurisdiction
No. of 19 .
(Appeal from No. of 19 .)
………………………………………………………..……………. Appellant to the
Supreme Court
versus
………………………………………………………………………Respondent to the
Supreme Court
I do hereby certify that notice has been given to the Respondent to the Supreme Court
of Pakistan of the order of this Court, dated the 19 , admitting, under
Order XLV, Rule 8 of the Code of Civil Procedure, the above appeal to the Supreme
Court of Pakistan, which has been preferred against the judgment and decree of this
Court passed in the above appeal from
No. of 19 , and dated the 19 .
Dated this the day of in the year one thousand
nine hundred and ………………….
Registrar.
192
Form No. 9 (Civil)
Rule 51 and 53, Chapter VI
Certificate
IN THE HIGH COURT OF EAST PAKISTAN
(Appellate Civil Jurisdiction)
Appeal to the Supreme Court of Pakistan No. of 19 .
(Appeal from No. of 19 .)
………………………………………………………. Appellant to the Supreme Court,
versus
……………………………………………………..Respondent to the Supreme Court,
On the application of the appellant abovenamed, it is hereby certified that in our
opinion the following person/persons …………………………………………………
…………………………………………………………………………………………..
……………………………………………………………………………………….....
is/are the proper person/persons ti be substituted in place of the deceased
Appellant/Respondent No. …………….., to the Supreme Court of Pakistan.
Dated this the ……………… day of ………………… 19 .
Judges.
193
Form No. 10 (Civil)
Rule 52, Chapter VI
Notice of Paper-book being Ready for Transmission
APPEAL TO THE SUPREME COURT OF PAKISTAN
No………………………… of 19………
………………………………………………………. Appellant to the Supreme Court,
versus
……………………………………………………..Respondent to the Supreme Court,
NOTICE
The record of the proceedings of the above appeal being ready for
transmission to the Supreme Court of Pakistan, you are hereby informed that it will be
dispatched in the course of seven days from this date.
Clerk0in-Charge of Appeals
to the Supreme Court of Pakistan
HIGH COURT,
APPELLATE CIVIL JURISDICTION;
The ………………………….. 19…....
To
Advocate for the Appellant.
To
Advocate for the Respondent.
Note.--- The attention of the Advocates on both sides in drawn to rules 1-5, Order XV, 1-10,
Order XVI and 1-5, or XVII of the Supreme Court Rules, 1956. They are hereby informed
that the Supreme Court has intimated this Court that these rules will be strictly enforced in
future.
194
Form No. 11 (Civil)
Rule 52, Chapter VI
Notice of Despatch of Records
No………………….. S. C. A.
IN THE HIGH COURT OF EAST PAKISTAN
(Appellate Civil Criminal Jurisdiction)
Appeal to the Supreme Court of Pakistan No. of 19 .
(Appeal from No. of 19 .)
Criminal Appeal/Criminal Revision
………………………………………………………..……………. Appellant to the
Supreme Court
versus
………………………………………………………………………Respondent to the
Supreme Court
To
The abovenamed Appellant/Respondent to the Supreme Court of Pakistan
Take notice that the transcript
record of the above Appeal to the
Supreme Court of Pakistan which has
been preferred against the judgment
and decree of this Court passed in the
above Appeal from
No. of 19 , was dispatched to the
Registrar of the Supreme Court of
Pakistan on the day of
19 .
Dated this the day of
in the year one thousand nine hundred
and ………….
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By Order,
Assistant Registrar.
195
Form No. 12 (Civil)
Rule 52, Chapter VI
Certificate of Service
IN THE HIGH COURT OF EAST PAKISTAN
Appellate Civil/Criminal Jurisdiction
Appeal to the Supreme Court of Pakistan.
No. of 19 .
Appeal from No. of 19 .
………………………………………………………..……………. Appellant to the
Supreme Court
versus
………………………………………………………………………Respondent to the
Supreme Court
I do, hereby, certify that notices have been served upon the Appellants Nos……. and
the Respondents Nos……….. to the Supreme Court on……………………….. and
…………………. Respectively of the dispatch to the Registrar of the Supreme Court
of the transcript record of the above Appeal to the Supreme Court, which has been
preferred against the Judgment and decree of this Court passed in the above appeal
from No. of 19 .
Dated this the day of in the year one thousand nine
hundred and ……………
Registrar.
196
Form No. 13 (Civil)
Rule 7, Chapter VIII
Notice Form
in
Letters Patent Appeals.
IN THE HIGH COURT OF EAST PAKISTAN
Civil Appellate Jurisdiction.
NOTICE
Appeal No……………………. of 19….. under clause 15 of the Letters Patent
In
Appeal from Appellate Decree No…………………. of 19………
Appellant,
versus
Respondent.
To
Take notice that abovementioned Appeal under clause 15 of the Letters Patent
has been filed in this Court on behalf of the abovenamed appellant by his Advocate
………………………………………………….. from the judgment of Mr. Justice
………………………………………………….. sitting singly, passed in the
abovementioned Appeal from Appellate Decree and dated the ………………………
of …………………….. 19………..; that it has been set down for hearing on the
………………………….. day of ……………………………….. 19……….; and that
it will be heard on that date or as soon thereafter as the business of the Court will
permit.
Dated this the …………………….. day of ………….. 19……
Assistant Registrar.
197
Form No. 14 (Civil)
Rule 7, Chapter VIII
Notice Form
In
Letters Patent Appeal
IN THE HIGH COURT OF EAST PAKISTAN.
Civil Appellate Jurisdiction.
NOTICE
Appeal No. of 19 under clause 15 of the Letters Patent
arising from difference of opinion.
In
Appeal from Decree No. of 19 .
Appellant,
versus
Respondent.
To
Take notice that the abovementioned Appeal under clause 15 of the Letters
Patent arising from difference of opinion between the Hon’ble Mr. Justice
and the Hon’ble Mr. Justice has
been filed in this Court on behalf of the abovenamed appellant by his Advocate
on the of 19 ; that it
has been set down for hearing on the day of 19 ; and that it
will be heard on that date or as soon thereafter as the business of the Court will
permit.
Dated this the day of 19 .
Deputy Registrar.
198
Form No. 15 (Civil)
Rule 5, Chapter IX
IN THE HIGH COURT OF EAST PAKISTAN
Detailed statement of costs incurred in the preparation of Paper-book
in
appeal from Original Decree/Order………………………………….of 19……..
valued at or above Rs. 15,000
…………………………………………………………………………..Appellant.
versus
…………………………………………………………………………Respondent.
Items of cost incurred by the Appellant/Respondent.
1
Cost claimed
2
Costs passed
by the Taxing
Officer
3
1. Estimating words at 10,000 per rupee….
2. Estimating maps/photos at 12.5 per cent. of the costs
of tracing/of producing the negative.
3. Postal cost for service of estimate and final account
by registered post….
4. Examining words of manuscript at 1,200
words per rupee..
5. Editing pages at ten annas per page if the paperbook
is printed, and at five annas per page if a typed
paper-book is prepared
6. Editing pages at ten annas for each half foolscap
sheet, sheets.. .. .. .. .. ..
7. Taxing pages at one anna per page .. ..
Total government dues … ..
8. Translating words at 150 vernacular words
per Re. 1-4, three figures being counted as one word..
9. Examining translations words at 300
vernacular words per Re. 1-4, three figures being
counted as one word
10. Copying words at 1,200 words per rupee…
11. Printing 16 or preparing 12 type-written copies of
the paper-book (actual charge) pages at Rs. 4-8 per
page …
12. Tracing maps at Re. 1-4 for each foolscap sheet
13. Lithographing maps at Re. 1-4 for each foolscap
sheet, sheets
14. Cost of photos (actual charge) .. .. ..
Total .. ..
Rs. a. Rs. a.
Rupees
Court Editor.
Dated the 19 .
Advocate (who has
filed the declaration
under Rule 37, Chapter
IX, High Court Rules.)
Assistant Registrar
in charge of
Paper- books
NOTICE
199
To
Mr. …………………………………….
Advocate for the Appellant / Respondent.
Rs. a.
Total amount deposited by Appellant / Respondent ..
__________
Further amount to be deposited by your client in the above case within two
weeks after service of this notice …
Surplus amount available for refund to your client in the above case and will
be paid upon application duly make to the Registrar .. .. .. ..
HIGH COURT, APPELLAY SIDE
DHAKA
The …………………… 19 Ledger Keeper, Accountant.
200
Form No. 15A (Civil)
Rule 5, Chapter IX
IN THE HIGH COURT OF EAST PAKISTAN
Detailed statement of costs incurred in the preparation of Paper-book
In
Appeal from Original Decree/Order No. ……………………. of 19…….
Valued under Rs. 15,000
………………………………………………………………….………Appellant,
versus
…………………………………………………………………………Respondent.
Items of cost incurred by the Appellant/Respondent.
1
Cost claimed
2
Costs passed
by the Taxing
Officer
3
1. Estimating words at 10,000 per rupee….
2. Estimating maps/photos at 12.5 per cent. of the costs
of tracing/of producing the negative.
3. Postal cost for service of estimate and final account
by registered post….
4. Taxing pages at one anna per page ..
Total Government dues .. …
5. Translating words at 150 vernacular words per Re.
1-4, three figures being counted as one word …….
6. Examining translations words at 300 vernacular
words per Re. 1-4, three figures being counted as one
word..
7. Copying words at 1,200 words per rupee…….
8. Examining words of manuscript at 1,200 words per
rupee.. .. .. ..
9. Editing pages at ten annas per page if the paperbook
is printed, and at five anna page if a pyped paperbook
is prepared.
10. Editing maps at ten annas for each half-foolscap sheet,
sheets
11. Printing 16 or preparing 12 type-written copies of
the paper-book (actual charge) pages at Rs. 4-8 per
page …
12. Tracing maps at Re. 1-4 for each foolscap sheet
13. Lithographing maps at Re. 1-4 for each foolscap
sheet, sheets
14. Cost of photos (actual charge) .. .. ..
Total .. ..
Rupees
Court Editor.
Dated the 19 .
Advocate (who has
filed the declaration
under Rule 37, Chapter
IX, High Court Rules.)
Assistant Registrar
in charge of
Paper- books
201
NOTICE
To
Mr. …………………………………….
Advocate for the Appellant / Respondent.
Rs. a.
Total amount deposited by Appellant / Respondent ..
__________
Further amount to be deposited by your client in the above case within two
weeks after service of this notice …
Surplus amount available for refund to your client in the above case and will
be paid upon application duly make to the Registrar .. .. .. ..
HIGH COURT, APPELLATE SIDE
DHAKA
The …………………… 19 Ledger Keeper, Accountant.
202
Form No. 16 (Civil)
Rule 13, Chapter IX
APPELLANT’S LIST
PART I
Papers other than exhibits and those included in Rule 11A (first
paragraph)/11B/62A (first paragraph) Chapter IX of the Rules of the High
Court, upon which the decision of the appeal depends and which the appellant
desires to have included in Part I of the paper-book at his expense.
Appeal from Original Decree/Order No. of 19
Appellant
versus
Respondent.
Under Rule 16/62, Chapter IX of the Rules this list should be filed by the
Appellant within three weeks/two weeks after service of the notice required by Rule
12, Chapter IX.
Serial
Number
Number
on the
record
Description and date of
paper
Whether the whole
or portion and, in
case of a portion,
what portion to be
inserted in the
paper-book
Remarks
203
PART II
(The list of exhibits to be inserted in Part II of the Paper-book at the expense of
the Appellant)
The list of exhibits should follow the order of the exhibit mark. A correct and full
description of such documents must be given.
Serial
Number
Exhibit
mark on
the
record
Description and date of
document
Whether the whole
or portion and, in
case of a portion,
what portion to be
inserted in the
paper-book
Remarks
I, , Advocate for the Appellant, do hereby certify
that I have carefully examined this list with reference to the provisions of Rule declare
that in my judgment it is necessary it is necessary to include in the Paper-book of this
appeal every document or portion of a document included in this list in order to arrive
at a proper decision of the appeal.
…………………………………………
The ………….. 19 . Signature of Advocate for the Appellant
Particulars required under Rule 21, Chapter IX, High Court Rules-
Name ……………………………………………………………………….
Address (with post office) …………………………………………………..
………………………………………………………
204
Form No. 17 (Civil)
Rule 20, Chapter IX
RESPONDENTS LIST
PART I
(Papers other than those inserted in the Appellant’s list, which are relevant to
the subject-matter of the appeal, and to which the respondent desires that
reference shall be made by the Court at the hearing of the appeal.)
Appeal from Original Decree/Order No. of 19
Appellant,
versus
Respondent.
Under Rule 20/62, Chapter IX of the Rules of the High Court, this list should
be filed by the Respondent within three weeks/two weeks after service of the notice
required by rule 18, Chapter IX, and should contain the papers to be included at the
cost of such Respondent, in the paper-book of the above appeal.
Serial
No.
Number on
the record
Description and date of
paper
Whether the whole
or portion and, in
case of a portion,
what portion to be
inserted in the paperbook.
Remarks.
205
PART II
(The list of exhibits to be inserted in Part ii of the paper-book at the
expense of the Respondent.)
The list of exhibits should follow the order of the exhibit marks. A correct and full
description of such documents must be given.
Serial
No.
Number on
the record
Description and date of
paper
Whether the whole
or portion and, in
case of a portion,
what portion to be
inserted in the paperbook.
Remarks.
I, , Advocate for the Respondent, do
hereby certify that I have carefully examined this list with reference to the provisions
of Rule 24, Chapter IX of the Rules of the High Court, and declare that in my
judgment it is necessary to include in the paper-book of this appeal every document or
portion of a document included in this list in order to arrive at a proper decision of the
appeal.
………………………………………………….
Date…………..19 . Signature of Advocate for the Respondent
Particulars required under Rule 21, Chapter IX, High Court Rules-
Name……………………………………………………………………..
Address (with Post-office)……………………………………………….
……………………………………………………………………
206
Form No. 18 (Civil)
Rule 26, Chapter IX
Appeal from Original Decree/Order No. of 19 .
Appellant,
Versus
Respondent.
Appeal valued at Rs…………………..
Estimate of cost for translating and printing, etc., the papers to be included in Parts I
and II of the paper-book of the above appeal, i.e., the papers included in Rule 11A (first
paragraph)11B/62A (first paragraph) Chapter IX of the Rules of the High Court, and the
papers as prelists filed on behalf of the appellant.
Rs. a. Rs. a.
For estimating words at 10,000 words per rupee..
For estimating maps/photos at 12.5 per cent of the cost of
tracing/producing the negative..
For translating words at 150 vernacular words per Re. 1-4 (three
figures being counted as one word)
For examining translations words at 300 vernacular words per Re.
104 (three figures being counted as one word)
For postal charges for service of estimate and final account by
registered post ……………………..
Total .. ..
Already deposited
Balance
For copying words at 1,200 words per rupee
For examining words of manuscript at 1,200 words per rupee
For editing pages of the paper-book at 10 annas a page if it is
printed and at 5 annas a page if it is typed..
For editing maps F.C. sheets at 10 annas for each half foolscap
sheet
For printing 16 copies of the paper-book pages at the rate of Rs.
4-8-0 a page
For lithographing maps F.C. sheets at Re. 1-4 per foolscap
For cost of photos (actual charge)
For taxing pages of the paper-book at one anna a page
Total
Grand Total
Already deposited
Balance
Notes- (1) The above rates are liable to alteration.
(2) The charge for editing includes the charge for indexing if the paper-book is
printed and that for stationery if the paper-book is typewritten.
(3) If the document to be translated in any language other than the vernaculars of the
Province the rates prescribed by Rule 7 and the rate thereunder in Chapter XIII
will apply.
(4) Each item of cost in the preparation of the paper-book at the rates specified above
is calculated to the nearest anna (fraction below half-an anna being omitted and
half-an anna or over being reckoned as one anna.)
207
Under clause (i) of Rule 27, Chapter IX of the Rules of the High Court the
amount due for estimating, translating and examining translations [after
deducting the amount of the initial deposit made under Rule 39, Chapter V]
shall be deposited with the Accountant of the Court within four weeks of the
service of the estimate upon the Advocate for such Appellant, and under
clause (ii) of the said Rule the whole of the remainder within four weeks of the
deposit of the amount under clause (i) of the Rule, such deposit being made in
the manner prescribed in Rules 1 to 4 of Chapter XVI of the said Ruels
(reproduced below).
High Court;
The ………………………………. 19….. Assistant Registrar.
To
Mr. ………………………………….., Advocate for the Appellant.
Signature of Advocate for the Appellant …………………………………..
Date of service ………………………………….
----------------
HIGH COURT RULES
CHAPTER XVI
Deposit payment of money
1. All money required to be paid or deposited under these Rules other than
paper-book costs shall be paid to the Accountant of the Court with a Chalan in the
Form No. 30, Civil Appendix I, before 1-30 p.m. on any working day.
2. The money due for the costs to be incurred in preparing paper-books in appeal
cases should be deposited in the National Bank of Pakistan by the Advocate or the
party concerned with a chalan in Form No. 31 (Civil), Appendix I.
3. The chalan before it is tendered at the Bank must be placed by 11-30 a.m., in
the box provided for the purpose at the counter in the Account’s Department. If the
chalan is found to be in order, it shall be numbered serially and entered in the Chalan
is found to be in order, it shall be numbered serially and entered in the Chalan
Register and then signed by the Chalan and the Accountant.
208
4. All Chalans tendered shall be made ready for delivery to the Advocates for
parties concerned so as to enable them to deposit the money concerned fails to tender
the Chalan at the Bank on the day of issue, a fresh chalan must be taken out on the
following day, unless the time within which the deposit should be make under the
rules of the Court has expired, in which case the money will not be accepted without
an order of competent authority:
Provided that if for some sufficient cause, beyond his control, as to which he
shall satisfy the Registrar by a proper application setting out the reasons, an Advocate
or party is prevented from tendering money under Rules 1 and 2 above by the hours
fixed by the Chief Justice and the National Bank of Pakistan, as the case may be, and
the deposit, if made on the following day would be out of time, the Registrar may
direct the money to be received by an officer of the Court and such acceptance shall
be deemed to be a valid deposit on the day on which it is accepted. The money so
accepted shall, if the deposit is under Rule 2 of this Chapter, be remitted to the
National Bank of Pakistan by the Court’s office on the following day with a chalan
duly filled in and tendered by the Advocate or the party when depositing the money.
209
Form No. 19 (Civil
Rule 16, Chapter IX
Appeal from Original Decree/Order No. of 19 .
Appellant.
versus
Respondent.
Estimate of cost for translating and printing, etc., the papers to be included in
Part I and II of the paper-book as per list filed on behalf of the Respondent.
Rs. a. Rs. a.
For estimating words at 10,000 words per rupee
For estimating maps/photos at 12.5 percent of the cost of
tracing/producing the negative … .. .. ..
For translating words at 150 vernacular words per Re 1-4
(three figures being counted as one word)
For examining translations words at 300 vernacular words per
Re. 104 (three figures being counted as one word)
For postal charges for the service of estimate and final account by
Registered post .. .. .. ..
Total … ..
For copying words at 1,200 words per rupee …………
For examining words of manuscript at 1,200 words
Per rupee ……. .. .. ..
For editing pages of the paper-book at 10 annas a page if it is
printed and at 5 annas a page
210
Under clause (i) of Rule 27, Chapter IX of the High Court Rules the amount
due for estimating, translating and examining translations shall be deposited with the
Accountant of the Court within four weeks of the service of the estimate, upon the
Advocate for such Respondent, and under clause (ii) of the said Rule the whole of the
remainder within four weeks of the deposit of the amount under clause (i) of the Rule,
such deposit being make in the manner prescribed in Rules 1 to 4, Chaper XVI, of the
said Rules (reproduced below).
Assistant Registrar.
High Court;
The ……………………….. 19…….
To
Mr. _________________________________, Advocate for the Respondent.
Signature of Advocate for the Respondent___________________________
Date of service_____________________________
------------------
HIGH COURT, RULES
CHAPTER XVI
Deposit and payment of money
1. All money required to be paid or deposited under these Rules other than
paper-book costs shall be paid to the Accountant of the Court with a chalan in
prescribed Form No. 30 (Civil), Appendix I, before 1030 p.m. on any working day.
2. The money due for the costs to be incurred in preparing paper-books in appeal
cases should be deposited in the National Bank of Pakistan by the Advocate or the
party concerned with a chalan in Form No. 31 (Civil), Appendix I.
3. The chalan, before it is tendered at the Bank, must be placed in the box before
11-30 a.m. provided for the purpose at the counter in the Accounts Department. If the
chalan is found to be in order, it shall be numbered serially and entered in the Chalan
Register and then signed by the Chalan Clerk and the Accountant.
211
4. All chalans tendered shall be made ready for delivery to the advocate, or
parties concerned so as to enable them to deposit the money in the Bank on the day on
which the chalan is issued. If the person concerned fails to tender the chalan at the
Bank on the day of issue, a fresh chalan must be taken out on the following day,
unless the time within which the deposit should be made under the rules of the Court
has expired, in which case the money will not be accepted without an order of the
competent authority:
Provided that if for some sufficient cause, beyond his control, as to which he
shall satisfy the Registrar by a proper application setting out the reasons, an Advocate
or party is prevented from tendering money under Rules 1 and 2 above by the hours
fixed by the Chief Justice and the National Bank of Pakistan, as the case may be, and
the deposit, if made on the following day, would be out of time, the Registrar may
direct the money to be received by an officer of the Court and such acceptance shall
be deemed to be a valid deposit on the day on which it is accepted. The money so
accepted shall, if the deposit is under Rule 2 of this Chapter, be remitted to the
National Bank of Pakistan by the Court’s office on the following day with a chalan
duly filled in and tendered by the Advocate or the party when depositing the money.
____________
From No. 20 (Civil)
Rule 56, Chapter IX
Declaration under Rule 56, Chapter IX of the High Court
Rules, 1958.
In Appeal from Appellate Decree/Order No………………. of 19………..
________________________________________________ Appellant(s),
versus
________________________________________________ Respondent(s).
In the above appeal I/we ___________________________________________
Appellant(s) declare that the paper-book will be prepared by Mr.
____________________________ and Advocate of this Court.
Signature of Appellant(s)______________________________________
To
The assistant Registrar in charge of Judicial Department,
High Court, Appellate Side.
212
Form No. 21 (Civil)
Rule 57, Chapter IX.
IN THE HIGH COURT OF EAST PAKISTAN.
Notice to Appellant under Rule 57, Chapter IX of the High Court Rules.
Appeal from Appellate Decree/Order No. ……………………………….. of 19…….
……………………………………………………………………………… Appellant,
versus
……………………………………………………………………………..Respondent.
Appeal valued at Rs……………………
To
Mr…………………………………………………………………………
Advocate, authorized by the Appellant under Rule 56 to prepare the paperbook.
Take notice that the record of this Appeal has been received in this office on
……………………………………………………………
Under Rule 57 of the Rules for the preparation of paper-books in Appeals
from Appellate Decrees or Orders your are required to file before the expiry of 30
days from the date of receipt by you of this notice one copy/two copies of the paperbook
for the use of the Court prepared in accordance with Rule 54, accompanied by
sufficient number of copies for service on all the appearing Respondents and upon the
Deputy Registrar of the Court if he is appointed guardian ad litem of a minor
Respondent and a certificate to the effect that the paper-book has been compared with
the original papers. The copied meant for the sue of the Court must tally as to paging,
etc., with the copies for the use of the Advocates for the Appellant, and the
Respondents/the Deputy Registrar.
So far
set s of spondentshas
sondent s have
( ) Re
Re ( ) appeared.
The Deputy Registrar
hasnot
has been appointed guardian ad litem
Dated Dhaka, ………………………………………………………. 19…..
213
Form No. 21A (Civil)
Rule 57, Chapter IX
IN THE HIGH COURT OF EAST PAKISTAN
Supplementary notice to appellant under Rule 57, Chapter IX of the High
Court Rules.
Appeal from Appellate Decree/Order No………………………… of 19 .
…………………………………………………………………… Appellant,
versus
………………………………………………………………….. Respondent.
Appeal valued at Rs…………….
To
Mr…………………………………………………………………………
Advocate, authorised by the Appellant under Rule 56 to prepare the paperbook.
In continuation of the Notice, dated the…………………………….. 19….
Take notice that the Deputy Registrar has been appointed Guardian ad litem another
set s of spondents
spondent
( ) Re
Re has/have appeared and deposited paper-book costs in the
above appeal. You are, therefore, required to file an
additional copies
additional copy
`
` of the paperbook
within ten days from the date of receipt by you of this notice.
Dated Dhaka, the ………………………………………………. 19 ……….
Assistant Registrar.
214
Form No. 22 (Civil).
Rule 59, Chapter IX
To
THE REGISTRAR, HIGH COURT, APPELLATE SIDE
Re: Second Appeal No. ______________ of 19 .
____________________________________________________ Appellants.
Versus
___________________________________________________ Respondents.
Sir,
Please allow me to withdraw the sum of Rs._________________________
being the amount on account of the cost of preparation of paper-book in the above
appeal, deposited on behalf of the Respondent(s).
Having been authorised by a declaration filed by the Appellant under Rule 56,
Chapter IX, High Court Rules, I prepared the paper-book in the Appeal and filed the
requisite number of copies for service on the appearing Respondents.
Your obedient servant,
_______________________
Advocate authorised to prepare
Paper-books under a declaration
Filed by the Appellant(s)
Dated the________________ 19___
Second Appeal No. ________________ of 19___
Mr. __________________________________________________, Advocate, is
authorised by the Appellant(s) to prepare the paper-book. He has filed the requisite
number of paper-book.
_______________
Superintendent,
Second Appeal Section.
Certified that a sum of Rs.____________ (Rupees________________________,
annas ____________ only) is in deposit being the amount deposited by Respondent(s)
under Rule 59, Chapter IX, High Court Rules. The Appellant is entitled to withdraw
the amount and there is no stop order in force affecting the withdrawal.
__________________
Accountant.
Pay the sum of Rupees ________________ annas __________________ only to the
Applicant, Mr. ________________________________________ Advocate, who
prepared the paper-book and filed the requisite number of copies for service on the
Respondents.
__________________________
Assistant Registrar.
215
Form No. 23 (Civil)
Rule 61, Chapter IX
HIGH COURT
General Warning List
The following appeals are ready for hearing and will be transferred to the next
Monthly Cause List.
Serial No.
1
No. and year
of Appeal.
2
Advocate for
Appellant.
3
Advocate for
Respondent.
4
Remarks.
5
Appellate Side;
The 19 . Superintendent.
216
Form No. 24 (Civil).
Rule 19. Chapter XIII
Form of Application for copy.
IN THE HIGH COURT OF EAST PAKISTAN
Appellate Jurisdiction.
Serial No. Application for
Ordinary
Urgent copy
*………………………………………….. No………………… of 19………..
*(Here state class of case,
e.g., S.A., Civil Rule,
etc.). Appellant
…………………………… ---------------
Petitioner,
Versus
Respondent
…………………………… ---------------
Opposite party.
Description of document of
Which a copy is wanted with
date when necessary
Application is made by ………………. The
undersigned for certified/uncertified copy of the
marginally noted document from the High
Court/Lower Court file in the above case which
was disposed of /is still pending
on……………………….
The following stamps and stamp-sheets are filed.
Dated ------------------------- 19------- Signature of applicant.
Space for Searchingfee
Two annas Court-fee stamp on
application.
Space for
Expedition-fee
217
Office report Estimate of Costs.
(Excluding stamps and stamp-sheets
filed)
Office notes
The copy will
cover folios
Searching fee is/is
not required
Superintendent.
Rs. a. p.
Stamp-sheets at 4 annas …
Court-fee stamps at 4 annas..
Court-fee stamps at 8 annas ..
Stamp for authentication ..
Extra stamp for urgency …
Searching-fee in stamps …
Total
Superintendent, Copying Section.
Estimated stamps etc.,
notified on
Estimated stamps etc.,
supplied on …………..
Applicant’s signature.
Record received on…
Copy will be ready on..
Copy actually ready on
…..
Serial No.
Received an application for copy Received copy on 19
Bearing the above number. With unused stamps and stamp-
Sheets valued at Rs. As.
Estimated stamps and stamp-sheets
Valued at Rs. annas sup-
Plied on 19 .
To attend for copy on 19 .
Date---------- 19 . Superintendent. Applicant.
Note- The application will not be considered as complete until stamps and costs have been
supplied in full, which be done within seven days of the date of the estimate. All enquiries
and complaints shall be accompanied by this counterfoil. It will have to be given up when the
copy is delivered.
218
1 Form No. 24A (Civil)
Rule 38 (4). Chapter XIII
APPLICATION FOR PHOTOSTAT COPY
THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
Serial No. Application for Urgent
copy
Ordinary
……………………………..
…………………………. No……………… of 19…………………..
*(Here state class of cases e.g.
S.A. Civil Rule, etc) ………………………………. Appellant.
-------------
Petitioner.
Versus
Description of document of which …………………….. Respondent
copy is wanted with date when Opposite party
necessary.
Dated…………………….19 Application is mady
by………………..
(Full name) the undersigned for
photostat copy of the Marginally
noted document form the High
Court Division/Lower Court file
in the above case which was
dispesed of /is still pending on
…………………………..
…………………………………
…..................................................
.....................
Signature of
Applicant.
Father’s Name………….
Permanent Address.
1 Form No. 24A (Civil) was inserted by Notification No. 4735-G, The Bangladesh Gazette
(Extraordinary), December 10, 1981.
Space for searching fee Court fee stamp on
application
Space for expendition Fee
219
-------------------------------------------------------------------------------------------------------
Estimate of costs
Office report. (In Court –fee stamps). Office notes.
-------------------------------------------------------------------------------------------------------
Number of sheets of
paper required.
Searching fee is/is
not required.
………………………
……
Superintendent.
Stamps for copy
Stamps for
authortication.
Searching fee to
stamps.
Total.
Superintendent.
Estimated Stamps ect…..
Notified on……………..
Estimated stamps, etc…
Supplied on……………
Recorod received on……
Copy will be ready on…
Copy Actually ready on..
Copy delivered on………
-------------------------------------------------------------------------------------------------------
Serial No. Received copy on…….19……
Reveived an application for copy bearing with unused stamps and sheet
the above number value at Taka Paisa
Estimated sheets Valued at
Taka……. Paisa……. Supplied on
To attend for copy on………..19 ……………19……………
Dated …………….. 19 …………………………..
Applicant.
Superintendent.
-------------------------------------------------------------------------------------------------------
Note- The applicantion will not be considered as complete
untill stamps and courts and have been supplied in full,
which must be done wihtin a week of the date of the
estimate. All enquirees and complaints shall be
accompanied by this counterfoil. It will have to be
given up when the copy is delivered.]
220
Form No. 25 (Civil).
Rules 25 and 29, Chapter XIII
Register of information to applicants as to stamps and folios necessary for copies applied for.
Date of To be supplied within 7 days Remarks
entry in this
Register
Serial
number of
applications
Case
number
Name of
applicant
Number of
impressed
stampsheets
at 4
annas
Number of
adhesive
stamps at 4
annas
Fee for
authentication
Searching
fee
Expedition
fee
Rs. as. p Rs. as. p Rs. as. p
221
Form No. 26 (Civil)
Rule 1, Chapter XIV
IN THE HIGH COURT OF EAST PAKISTAN
(Civil Appellate Jurisdiction)
TITLE PAGE
PART I
(This file must be preserved for ever)
Appeal from ………………………………… No………………………… 19........
……………………………………………………………………….. Appellant,
versus
…………………………………………………………………….. Respondent.
Date of decision of High Court………………………………….
Date of decision of the Supreme Court………………………….
-----------------
Form No. 27 (Civil)
Rule 1, Chapter XIV
IN THE HIGH COURT OF EAST PAKISTAN
(Civil Appellate Jurisdiction)
TITLE PAGE
PART II
(This file must be destroyed at the end of 3 years.)
The above period shall be calculated from the date of the final decree or order,
which, in cases appealed to the Supreme Court, will be that of the decree or order of
the Supreme Court.
Appeal from ……………………………… No……………………. of 19 .
…………………………………………………………………. Appellant,
versus
………………………………………………………………… Respondent.
Date of decision of High Court…………………………………….
Date of decision of Supreme Court………………………………..
222
Form No. 28 (Civil).
Rule 2, Chapter XV.
IN THE HIGH COURT OF EAST PAKISTAN
(Civil Appellate Jurisdiction)
(1) Serial No. and date of application.
(2) Date when requisition for the record made by the Inspection Clerk [same
date as in Item (1) above]
(3) Date of receipt of record by Inspection Clerk [3 days from the date
mentioned in item (2) above]
Application for inspection of the record in the under mentioned pending/
disposed of case.
Description of
case
1
Number
2
Year
3
Description of the
papers of which
inspection is
required
4
Name of person or
persons who will inspect
the record (not exceeding
three including the
Inspecting Advocate)
5
The 19 .
Signature of the Advocate for the
Note.- If the applicant is a stranger or a party appearing in person in a case, he must
say on in the application.
Searching-fee Re.1 in Court-fee
stamp, vide Rule 6, Chapter XII,
High Court Rules.
Inspection fee Re. 1 or Rs. 5 as the
case may be, vide Rule 6, Chapter
XII, High Court Rules.
223
Form No. 29 (Civil)
Rules 11 and 12, Chap. XV.
Application for Information
Serial No.
* Re. Appeal
Rule No. 19
Revision
District
----------
Province.
1. * Nature of information required
* The 19 . Signature of applicant*
2. Date when the Applicant will call
for the information:-
3. Office report regarding information:-
The 19 . Signature of Officer supplying the
Information.
4. Information received on
The 19 . Signature of applicant.
(To be perforated)
_____________________________________________________________________
Appeal
*Re. Rule No. of 19 .
Revision
5. Date by which information is to be ready ………………………………….
6. Information- Supplied on …………………….
*To be filled in by the applicant Signature of Office supplying the
information
Note- A searching-fee will be charged on all applications, if the information required
will necessitate a search in the record room of record of the appeal or proceedings
from which the information can be obtained.
Space for Searching fee
224
Form No. 30 (Civil)
Rule 1, Chap. XVI
Original.
Chalan
Account’s No.
Treasury of High Court,
Dhaka
Dated 19.
ZvwiL mb 19.. .. mvj|
By
whom
brought
Kvnvi
gvidZ
On what account
wK eve`
Amount
UvKv|
Rs. a. p
Total Rupees (in figures)
Total Rupees (in words)
‡gvU UvKv|
Cashier. LvRvÂx|
Examined and entered…….. Accountant.
Form No. 30 (Civil)
Rule 1, Chap. XVI
Original.
Chalan
Account’s No.
Treasury of High Court,
Dhaka
Dated 19.
ZvwiL mb 19.. .. mvj|
By
whom
brought
Kvnvi
gvidZ
On what account
wK eve`
Amount
UvKv|
Rs. a. p
Total Rupees (in figures)
Total Rupees (in words)
‡gvU UvKv|
Cashier. LvRvÂx|
Examined and entered…….. Accountant.
Form No. 30 (Civil)
Rule 1, Chap. XVI
Original.
Chalan
Account’s No.
Treasury of High Court,
Dhaka
Dated 19.
ZvwiL mb 19.. .. mvj|
By
whom
brought
Kvnvi
gvidZ
On what account
wK eve`
Amount
UvKv|
Rs. a. p
Total Rupees (in figures)
Total Rupees (in words)
‡gvU UvKv|
Cashier. LvRvÂx|
Examined and entered…….. Accountant.
225
Form No. 31 (Civil)
Rule 2, Chapter XVI
TO
THE REGISTRAR
HIGH COURT, DHAKA.
Dhaka, the…………… day of …………19…..
Challan No………
Sir,
I beg to tender this challan for depositing the undernoted amount for credit of the
account of which the details are noted below:-
No. of Appeal—F.A., F.M.A., S.A., S.M.A., S.C.A., Rule……… of 19…
Name of person on whose behalf the money is tendered …………………….
………………………………………………………………………………………..
Particulars of deposit …………………………………………………………
Amount tendered Rs…………a…………….p…………(in words)…………
…………………………………………………
Advocate for Appellant/Respondent.
Personal ledger Account
HIGH COURT
The………day of………………..19……..
Challan No………
To
NATIONAL BANK OF PAKISTAN, RAMNA, DHAKA
(PUBLIC ACCOUNTS DEPARTMENT)
No. of Appeal—F.A., F.M.A., S.A., S.M.A., S.C.A., Rule…………………….. of 19…….
Rs…………………..
Please receive from…………………………………………………………………
Advocate for Appellant/Respondent on account of …………………………………. The sum
of Rupees…………………………………………………………………. For credit of the
Accountant-General, East Pakistan, with the account of the Registrar, High Court, if tendered
to you to day.
Accountant.
Receipt
Callan No…….. NATIONAL BANK OF PAKISTAN RAMNA. DHAKA
(PUBLIC ACCOUNTS DEPARTMENT)
Dhaka…………………………. 19……..
No. of Appeal—F.A., F.M.A., S.A., S.M.A., S.C.A., Rule…………………. of 19…….
Rs……………………
Received from………………………………………………………………., Advocate for
Appellant/Respondent, the sum of Rupees………………………………………………… as
per High Court Challan No……………………………. 19……………. For credit of the
Accountant-General, East Pakistan, with the account of the Registrar, High Court.
Superintendent.
226
Form No. 32 (Civil)
Rule 10, Chaper XVI.
To
The REGISTRAR, HIGH COURT, APPELLATE SIDE.
Re……………..Appeal No………………of 19………..
………………………………………………………………… Appellants.
versus
………………………………………………………………. Respondents.
Sir,
Please allow me to withdraw the sum of Rs………………………
………………………… being the surplus amount on account of the cost of
preparation of paper-book in the above appeal deposited on behalf of the Appellants/
Respondents……………………………………………………………… I am
authorised by the vakalatnama filed by me to withdraw the money.
Your obedient servant,
Advocate for the Appellants/Respondents.
Dated the ………………………. 19……..
Appeal No……………………….. of 19………..
………………………………………………………………………, Advocate for the
Appellants/Respondents, is authorised by the vakalatnama filed by him to withdraw
money from this Court of behalf of the Appellants/Respondents mentioned in his
application.
Superintendent………………… Section…………….
Certified that a sum of Rs……………. (Rupees………………………………
annas…………………………. Only) is due for refund to the
Appellants/Respondents……………………………………………………………. in
the above appeal and that there is no stop order in force affecting the refund.
Accountant.
Refund the sum of Rupees……………………………….. annas …………….
……………………….. only to the Appellants/ Respondents through his/their
Advocate ……………………………………………………………………………….
……………………………………..
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