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