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Datta Appellate Side Rules of The High Court at Calcutta

From Kamal Law House
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Author :Datta

Publisher :Kamal Law House

ISBN No :978-9384821851

SKU :KLH189

Edition :2022

Pages :361

Format :Hardbound

HSN No :49011010

Country Region :India

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Description

The Appellate Side Rules of the High Court at Calcutta form a comprehensive set of procedural rules governing the practice and procedure on the Appellate Side of the Calcutta High Court. These rules have been formulated under the powers conferred by the Constitution of India, the Code of Civil Procedure, and other relevant statutes, to ensure the effective administration of justice in matters brought before the court on appeal.

First framed in 1914, and subsequently amended from time to time, the Appellate Side Rules regulate various aspects of judicial proceedings, including the filing of appeals, applications, petitions, and original jurisdiction matters on the Appellate Side. These rules provide detailed instructions for court procedures, case management, presentation and admission of pleadings, service of notices, record maintenance, and execution of judgments.


Key Features:

  • Comprehensive coverage of procedure for appeals, applications, revisions, and miscellaneous cases on the Appellate Side.
  • Detailed rules regarding:
    • Filing and registration of cases.
    • Judicial scrutiny and admission processes.
    • Presentation of documents and evidence.
    • Court fees, affidavits, and certified copies.
    • Appeals from civil and criminal courts, writ petitions, and special jurisdiction matters.
  • Provisions related to legal practitioners' conduct, advocate-on-record requirements, and vakalatnama procedures.
  • Rules on service of summons and notices, execution of decrees, and interim relief.
  • Contains Court Rules, Practice Directions, and Standing Orders.
  • Periodic amendments incorporated as per latest notifications and orders issued by the Calcutta High Court.

Utility:

This manual is an indispensable guide for:

  • Lawyers practicing on the Appellate Side of the Calcutta High Court.
  • Judicial officers and court staff.
  • Law students, researchers, and academicians focusing on procedural law.
  • Litigants-in-person seeking to understand the procedural framework of appeals and applications before the court.

Common Inclusions in Published Versions:

  • Original Side Rules of the Calcutta High Court
  • Civil Rules and Orders
  • Criminal Rules and Orders
  • Relevant Government Notifications
  • Latest Amendments and Circulars
  • Index and Appendices for easy reference

Author/Publisher:

Typically published by:

  • Kamal Law House
  • Eastern Law House
  • Law Point Publications

These editions may include annotations, case law references, and commentaries for better understanding and application.

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Content

Chapter I – Preliminary

  1. Short Title and Commencement
  2. Definitions
  3. Extent and Application of Rules

Chapter II – Constitution and Jurisdiction of Benches

  1. Constitution of Benches
  2. Powers and Jurisdiction of Single Judges and Division Benches
  3. Reference to Larger Benches
  4. Special Benches

Chapter III – Institution of Proceedings

  1. Institution and Registration of Appeals
  2. Original Applications
  3. Revision Cases
  4. Writ Petitions (under Articles 226 and 227 of the Constitution)
  5. Caveat Petitions
  6. Rules on Urgency Motions and Mentioning

Chapter IV – Procedure in Civil Appeals and Applications

  1. Presentation of Appeals
  2. Admission and Hearing
  3. Issue of Notices
  4. Filing of Paper Books
  5. Affidavit Requirements
  6. Stay of Execution
  7. Dismissal for Default
  8. Restoration of Appeals
  9. Judgment and Decree Preparation

Chapter V – Procedure in Criminal Appeals and Applications

  1. Filing of Criminal Appeals and Applications
  2. Bail Applications and Suspension of Sentence
  3. Rules Regarding Revision Petitions
  4. Death Reference Procedures
  5. Habeas Corpus Petitions
  6. Orders in Sessions and Committal Cases

Chapter VI – Writ Jurisdiction (Constitutional Jurisdiction)

  1. Writs under Articles 226 and 227
  2. Format and Filing of Writ Petitions
  3. Urgent Matters and Interlocutory Relief
  4. Service of Notice to Respondents
  5. Affidavit-in-Opposition and Reply
  6. Final Disposal and Orders

Chapter VII – General Provisions Relating to Practice

  1. Rules Regarding Vakalatnama and Appearance of Advocates
  2. Court Fees and Stamp Duty
  3. Filing of Documents and Exhibits
  4. Preparation and Filing of Paper Books
  5. Rules Relating to Affidavits
  6. Copies and Inspection of Records
  7. Withdrawal of Cases
  8. Rules for Amicus Curiae Appointment

Chapter VIII – Service of Processes

  1. Issue of Summons and Notices
  2. Service by Court Officers
  3. Substituted Service
  4. Proof of Service
  5. Rules for Service Outside Jurisdiction

Chapter IX – Execution of Decrees and Orders

  1. Applications for Execution
  2. Rules for Attachment and Sale
  3. Arrest and Detention in Civil Prison
  4. Stay of Execution Proceedings
  5. Return of Execution Files to Subordinate Courts

Chapter X – Miscellaneous

  1. Custody and Return of Records
  2. Rules on Certified Copies
  3. Rules for Interpretation of Rules
  4. Amendment and Repeal of Rules
  5. Rules Relating to In-Camera Proceedings
  6. Disposal of Court Fees and Refunds

Chapter XI – Registers and Accounts

  1. Registers to be Maintained
  2. Rules for Case Management Systems
  3. Accounts Relating to Court Fees and Fines

Appendices

  • Appendix I: Forms of Appeals, Petitions, and Affidavits
  • Appendix II: Model Forms of Summons and Notices
  • Appendix III: Format for Paper Books and Indexing
  • Appendix IV: Rules of Conduct for Advocates on Record
  • Appendix V: Court Fees and Scale of Process Fees
  • Appendix VI: Time-Limit Chart for Filing and Service
  • Appendix VII: Important Notifications and Circulars

Schedules

  • Schedule of Court Fees
  • List of Holidays and Vacation Benches
  • Jurisdictional Allocation of Benches

Index

  • Alphabetical and Subject-Wise Index for Quick Reference

More Information

Product Summary

Datta Appellate Side Rules of The High Court at Calcutta

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