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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. |