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Report No. 79

Delay and Arrears in High Courts and other Appellate Courts

Contents
Chapter I Introductory
I. Genesis and Scheme
II. Arrears
III. The Courts
IV. Past Reports
V. Legal. and Extra-Legal Factors
VI. Norms
VII Litigation to which Governments is a Party
VIII. Nature and Magnitude-statistics
Chapter 2 Jurisdiction of High Courts and City Civil Courts
Variety of jurisdictions and history
Special original jurisdiction
References
Confirmation procedure under the Divorce Act
Varied sources of jurisdiction
File in High Court
Plenitude of jurisdiction and its roots in history
The Indian Constitution
City Civil Courts in the three Presidency towns
Chapter 3 Strength of The High Courts: Numerical and Qualitative Aspects
I. Statistics
II. Increase in Judge Strength
III. Recommendations of Chief Justice to be Promptly Attended to
IV. Ad Hoc Judges under Article 224A
V. Assignment of Work
VI. Quality
VII. Increase in Administrative Facilities
VIII. Punctuality
Chapter 4 Appellate Jurisdiction under The Code of Civil Procedure
I. Present Scheme and History
II. Need for Right of Appeal
III. Second Appeals
Chapter 5 Procedure in Appeals-general
I. Stages of Delay
II. Pre-Requisites for Appeal: Copy of The Decision
III. Scrutiny and Registration
IV. Preliminary Hearing
V. Service of Notice
VI. Paper Books
VII. Interlocutory Orders
Chapter 6 Arguments and Judgment in Appeals
I. Scope of Chapter
II. Arguments: Written and Oral
III. Modifications Considered
IV. Judgments
Chapter 7 Grouping and Listing of Appeals
I. Importance
II. Grouping
III. Listing
IV. Benches
Chapter 8 First Appeals (Including Appeals from City Civil Courts) to High Courts
I. Matters Dealt with
II. Admission and Hearing by Benches
III. Appeals against Judgments of City Civil Courts
IV. Summary Dismissal of First Appeals
Chapter 9 Appeals under Special Acts
Scope of the Chapter
Appeals in matrimonial cases
Confirmatio.- cases under the Indian Divorce Act, 1869
Chapter 10 Second Appeals
Second appeals-need for
Basic principles
Narrow scope of section 100
Small cases
Chapter 11 Appeals against Judgments of Single Judges
Scope of the Chapter
Recommendation made as to Letters Patent Appeal from decision on first appeal
Reason for hearing ) Division Bench
Reason for barring appeal
Question of Law
Chapter 12 Civil Revisions
Scope of revisional power
Revision under the Code of Civil Procedure-Need for scrutiny
Filing of fresh revision proceedings
Chapter 13 Certificate for Appeal to Supreme Court
Certificate of fitness for appeal
Position under Constitution
Chapter 14 Criminal Appeals, Revisions and References
I. Introductory
II. Criminal Appeals
III. Criminal Revisions
Chapter 15 Ordinary Original Civil Jurisdiction of High Courts
Ordinary original civil jurisdiction
Delhi High Court ordinary civil jurisdiction
Himachal Pradesh
Oudh Chief Court
Curtailment establishment of City Civil Courts
Present position
Previous Reports
Original suits in High Courts-adoption of suggestion in 77th Report
Chapter 16 Extraordinary Original Civil Jurisdiction of High Courts: Writs
I. General
II. Writs: Nature and Volume
III. Procedural Delays in writs: Service
IV. Writ Petitions: Hearing
V. Benches for Deciding writ Petitions
VI. Disposal of writs
Chapter 17 Jurisdiction under Special Acts-tax Cases
I. The Present Position
II. Various Alternatives
III. Central Tax Court and Benches
IV. Substitution of Appeal for Reference
Chapter 18 Appeals To Courts Subordinate to The High Court
I. Civil and Criminal Appeals in Subordinate Courts
II. Pecuniary Limits of Appellate Jurisdiction of The District Judge
III. Number of Courts and Allotment of Days
IV. Concise Note of Arguments
Chapter 19 High Court for Goa, Daman and Diu
Present position as to Goa, Daman and Diu
Recommendation
View of the Bench and the Bar
Chapter 20 Conclusion
Details avoided
Search for solutions to be regarded as a quest
Periodical re-definition of methods
Similarity with past recommendations and need for implementation
Need for speedy implementation
Chapter 21 Summary of Matters Dealt with
Introductory
Jurisdiction of High Courts and City Civil Courts
Strength of High Courts: numerical and qualitative aspects
Appellate jurisdiction
Procedure in appeals: General
Arguments and judgment in appeals
Grouping and listing of appeals
First appeals (including appeals from City Civil Courts) to High Courts
Appeals under special Acts
Second Appeals
Appeals against judgments of single judges
Civil Revisions
Certificate for appeal to Supreme Court under Article 133
Criminal appeals, revisions and references
Ordinary original civil jurisdiction of High Courts
Extraordinary original civil jurisdiction of High Courts: Writs
Jurisdiction under special Acts: Tax cases
Appeals to courts subordinate of the High Court
High Court for Goa, Daman and Diu
Conclusion
Appendix 1 Appellate Jurisdiction of District Judges in Various States
Appendix 2 List of Sections of The Indian Succession Act, 1925, under which The High Courts have Testamentary Jurisdiction
Appendix 3 Appeals to The High Court1-2 under Special Act Besides Those Mentioned in The Body of the Report
Appendix 4 Jurisdiction of The High Court under Guardians and wards Act, 1890
Appendix 5 Oral Arguments in France
Appendix 6 The U.P. High Court (Abolition Of Letters Patent Appeals) Act, 1962
Appendix 7 Pendency of Cases in High Courts During 1976 To 1978
Institution of Cases in High Courts
Disposal of Cases in High Courts
Pendency of Cases in High Courts


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