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Disposal >> Recording of Cases Disposed of


RECORDING OF CASES DISPOSED OF
 

14.01

The Head Clerk of the Bench Registry will segregate all the files on which final orders have been issued and action has been completed by the Registry. After an appeal has been decided and orders communicated the records should be retained in the Bench Registry for 4 months. This will allow time for an application for restoration in the case of appeals dismissed for defaulter an appeal to the Supreme Court in other Special Bench cases, or a reference application in Regional Bench cases, or an application for rectification of mistakes in any case. If within the 4 months period any appeal or application as above is received, further action as appropriate will be taken

4.02 In cases where the 4 months period is over without any appeal or application as referred to above having been filed, the Head Clerk will prepare a list of such cases in the prescribed performa (Appendix-38), for sending them to the record room. The Head Clerk will ensure that all the relevant particulars are marked on the file cover After obtaining the approval of the Assistant Registrar he shall arrange to hand over those files to the Record Clerk in the record room along with a list. He shall obtain the signature of the record clerk in token of having received the files listed and keep it in his custody. The record clerk will sort out all the decided appeal files act-wise, year-wise and appeal-number wise, i.e. all the decided case files will be sorted out appeal-number wise of all the years separately in respect of the Customs Act Central Excises Act and Gold (Control) Act respectively.

14.03 Thereafter all the flags should be removed from the files and complete paging should be verified/carried out

14.04 Then all the relevant particulars namely (a) S.No, (b) No.of case, (c) Name of Appellant, (d) Name of Respondent, (e) Order No. & Date, (f) Decided by Special Regional Bench, (g) Nature of Order (h) Date of consignment of file to the record room and (I) Remarks etc., should be recorded in the prescribed Register year-wise and serial-wise in different Registers one each for the Customs Act Central Excises Act and Gold (Control) Act

14.05 Then all the decided files should be tied up in neat and tidy bundles of "Marking Cloth" in respect of each year separately. In case all the files pertaining to one year cannot be tied up in one bundle, then the files should be divided in as many bundles as necessary so that each bundle can be tied up neatly.

14.06 Thereafter upon one side of the cloth bundle, the Title of the Bench, Act, Year and Serial Nos., of the files contained in the bundle should be written in bold thick red ink so that they can be read from a distance, and then such bundles should be kept an suitable steel racks.

14.07 After the consignment of files to the record room, a file may be brought out of the record room, as and when required but only after filling up a form (as per specimen at Appendix-39). This form may be kept in the same bundle where from the file is extracted in the place of files. As and when the file is restored to the Record Room this form will be kept with the file. At the time of the next extraction of the same file the next entry may be made in the next line of the same form, so that an accurate account of the extraction of any file is maintained.