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DISPOSAL OF APPEALS, CROSS OBJECTIONS, MISCELLANEOUS APPLICATIONS, STAY APPLICATION AND REFERENCE APPLICATIONS AND DISPATCH OF ORDERS TO THE PARTIES
 

13.03

The Private Secretary or Personal Assistant of the Member who dictated the order and signed the same should ensure that the place and date of order are typed on the left hand side of the last page on the same line on which the Member has signed. He should carry out all corrections in the stencils if any made by the Member in the order before signing. He should type his name or initials in brackets at the bottom left hand corner of the order (or last page of the order). He should then pass on the file to the other Member/Members for signature through a messenger book.

The personal staff of the second Member and third member if any, will obtain the signatures of the respective Members. If there is no dissenting order, the file will be handed over to the Court Master of the concerned Bench after obtaining his acknowledgment. In the absence of the Court Master or the person acting as Court Master, the file should be handed over to the Assistant Registrar concerned. Where a dissenting order is recorded action will be taken as to set out in paras 13.11 to 13.14 depending on the nature of the case. The movement of the file will be mutatis mutandis as set out above.

13.04 Action by the Court Master :-

On receipt of the files with the orders, the Court Master should check up whether all the Members concerned have signed the orders and the name of place and the date are indicated at the end. The Court Master will ensure that no further action is required to be taken either by him or by the personal staff of the Members. He will among other things check that where there are majority and minority orders final order signed by the entire Bench in accordance with the decision of the majority has been recorded (If not the will re-submit the file to the Presiding Member vide Office Order No. 5/1966 dated 15.5.1986). (Appendix-35) He will then hand over the file, together with the
folders if any, and the orders to the Assistant Registrar concerned and obtain his signature with date in token of receipt of the file

13.05 On receipt of unanimous orders :-

(a) Action by the Registry :- The Assistant Registrar will mark the files to the Head Clerk and wherever the orders are to be issued on priority basis he will indicate this on such files.

(b) Final Orders on appeals :- There may be cross objections in the appeals as well as in the reference applications In such cases suitable entries should be made in Register No. CEGAT-12 (Register of Cross Objections) and CEGAT No.14 (Register of Cross Reference Application). If the order of the Bench pertains to an appeal (including appeals/reference applications and rectification of mistake), he may mark the file to the Head Clerk. The Head Clerk will make suitable entries in the Register of Appeals (Register No. CEGAT-11) and in the disposal Register No CEGAT-18. Where the cases are remanded by the Bench suitable entry will be made by the Head Clerk in the Register No. CEGAT-30 before issue of the orders. Where the Bench orders the cases to be kept pending (e.g. because of concerned Court Cases) suitable entries will be made in Register No CEGAT-33 and these files will be kept separately.

He will assign a number in serial order and mark the number assigned on the order signed by all the Members The order number will be followed by the year and the registry which issued the order e.g. Order No.1/86-C which means the final order No.1 of 1986 issued by the 'C' Bench. He will check up whether the order is reportable or not if it is a reportable one he will make an entry in the Disposal Register in Red Ink in the "Remark" Column Copies are to be sent to the Appellant/Respondent and Collector concerned etc., according to orders issued from time to time (vide para 13.09). He will submit the draft letter for issuing the final orders as in Appendix-36 to the Assistant Registrar.

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