State Act
High Court of Madhya Pradesh Rules, 2008 — Bare Act, All Sections & Free PDF
All Sections
Section 1 to Section 60 (52 Sections)
Section 1
Read Full SectionNomenclature
Nomenclature.
- These Rules may be called the High Court of Madhya Pradesh Rules, 2008Section 2
Read Full SectionApplication
Application.
- These Rules shall come into force on such [date] [w.e.f. 1-11-2008] as the Chief Justice may, by notification in the Official Gazette, appoint and different dates may be appointed for enforcement of different rules.Section 3
Read Full SectionSeal of the High Court
Seal of the High Court.
- The High Court may use. as occasion may arise, a seal bearing a device and impression of the Asoka Capital within an exergue or label surrounding the same, with the following inscriptions at convenient places, namely, `The High Court of Madhya Pradesh" and `Satyameva Jayatc' in Devanagari script.Section 4
Read Full SectionDefinitions
Definitions.
- In these Rules, unless there is anything repugnant in the subject or context-(1)
"Assigned Case" means a case assigned by the Chief Justice to a particular Judge, a bench or a bench headed by a particular Judge;(2)
"Civil Case" means a case except a criminal case:(3)
"Criminal Case" means a case enumerated in Rule 1 (4) of Chapter II of these Rules;(4)
"Full Bench" means a bench comprising three or more Judges as may be nominated by the Chief Justice;(5)
"Held up Case" means a main case in which proceedings in the Lower Court or Tribunal are held up either because-(a)
a stay has been granted; or(b)
the record of Lower Court or Tribunal has been requisitioned by the High Court;(6)
"High Court" means the High Court of Madhya Pradesh;(7)
"Interlocutory Application" means an application filed in a pending main case, praying for relief, interim or otherwise from the Court or the Registrar, except an application made on administrative side to the Chief Justice or the Registrar;(8)
"Main Case" means a case classified in Chapter II of these Rules;(9)
"Memorandum of Appeal" shall include a petition of appeal in a criminal matter;(10)
"Mention Memo" means a written request made to the Court for out of turn listing or early hearing of a main case for an interim relief on the ground of urgency;(11)
"Not Reached or Left Over Case" means a case which could not be or was not, for whatever reason, taken up for hearing on the day of listing;(12)
[ "Part-heard Case" means a case in which bipartite final hearing of a main case has commenced but not concluded and is marked `part-heard' by the Court: [Substituted by Notification No. 39-O.S.D. No. 1, dated 15-5-2009 (w.e.f. 15-6-2009).]Provided that an interlocutory application, heard in part, shall not be treated as part-heard :Provided further that no case heard in part, in motion hearing stage, shall be treated as part-heard;](13)
"Peremptory Order" means a judicial order passed by the Court directing any of the parties to take a step or perform an act specified in the order, in the prosecution or defence of the case, within the period stipulated therein, ordaining that in the event of failure to comply therewith, a specified consequence shall follow without further reference to the Court;(14)
"Prescribed' means prescribed under these Rules or by circulars or administrative orders, issued from time to time by the Chief Justice;(15)
"Public Interest Litigation" connotes litigation undertaken for the purpose of redressing public injury or grievance, enforcing public duty or vindicating public interest but shall not include a matter involving individual, personal or private grievances;(16)
"Recognized Courier Service" means a courier service approved by the Chief Justice by a general or special order;(17)
"Registrar" means the Registrar (Judicial) in the Principal Seat of the High Court and Registrar in the Benches and includes the Additional Registrar or any other officer who is a member of Higher Judicial Service of the State, with respect to such powers, functions and duties of the Registrar as may be assigned to him by the Chief Justice;(18)
"Regular Bench" means the bench hearing particular class of cases as per current roster;(19)
"Regular Public Interest Litigation" means a writ petition purported to have been filed in public interest, following relevant provisions of law and rules, in the presentation centre of the High Court;(20)
"Roster" means a notification issued by or under the orders of the Chief Justice, assigning particular class (es) of cases to Judges of the High Court for a specified or unspecified period:(21)
"Taxing Judge" means a Judge of the High Court appointed under Section 5 of the Court Fees Act, 1870, by the Chief Justice;(22)
"Taxing Officer" means a Registrar, declared as faxing Officer by the Chief Justice under Section 5 of the Court Fees Act, 1870;(23)
"Tied-up Matter" means a matter, which, by virtue of any law, rule, order or judgement, is required to be heard by a particular Judge or bench and includes-Section 14
Read Full SectionCompany Petition
Company Petition.
- Ordinarily, following petitions or references shall be registered as a Company Petition-(1)
a reference under Section 20 of the Sick Industrial Companies (Special Provisions) Act, 1985; or(2)
petitions under Section 101,391,394,439,583 or 584 of the Companies Act, 1956.Section 15
Read Full SectionMiscellaneous Company Appeal
Miscellaneous Company Appeal.
- An appeal under Section 10F of the Companies Act, 1956 or an appeal under Rule 164 of the Companies (Court) Rules, 1959 shall he registered as a Miscellaneous Company Appeal.Section 16
Read Full SectionCriminal Appeal
Criminal Appeal.
- Ordinarily, following cases shall be registered as a Criminal Appeal-(1)
an appeal under Section 341 of the Code of Criminal Procedure, 1973;(2)
an appeal under Section 351 of the Code of Criminal Procedure, 1973;(3)
an appeal under Section 374 of the Code of Criminal Procedure, 1973;(4)
an appeal under Section 377 of the Code of Criminal Procedure, 1973;(5)
a miscellaneous criminal case under Section 378 of the Code of Criminal Procedure, 1973, after grant of leave to appeal by the Court;(6)
an appeal under Section 449 (ii) of the Code of Criminal Procedure, 1973;(7)
an appeal under Section 454 of the Code of Criminal Procedure, 1973;or(8)
any other criminal appeal provided or permissible under any other law, for the time being in force.Section 17
Read Full SectionCriminal Reference
Criminal Reference.
- A reference under Section 395 of the Code of Criminal Procedure. 1973, shall be registered as a Criminal Reference.Section 18
Read Full SectionCriminal Reference (Capital Punishment)
Criminal Reference (Capital Punishment).
- A reference under Section 366 of the Code of Criminal Procedure, 1973, shall be registered as a Criminal Reference (Capital Punishment).Section 19
Read Full SectionCriminal Revision
Criminal Revision.
- Ordinarily, following cases shall be registered as a Criminal Revision-(1)
a revision under Sections 397 (l)and/or401 of the Code of Criminal Procedure, 1973;Explanation - An application filed by a private person against acquittal or for enhancement of sentence shall be registered as criminal revision;(2)
a revision under Section 19 (4) of the Family Courts Act, 1984; or(3)
any other criminal revision, provided or permissible under any other law for the time being in force.Section 20
Read Full SectionContempt Petition (Criminal)
Contempt Petition (Criminal).
- A case under Section 14 or 15 (2) of the Contempt of Courts Act, 1971 shall be registered as a Contempt Petition (Criminal).Section 21
Read Full SectionMiscellaneous Criminal Case
Miscellaneous Criminal Case.
- Ordinarily, following matters shall be registered as a Miscellaneous Criminal Case-(1)
an application under Section 378 (3) or (4) of the Code of Criminal Procedure, 1973;(2)
an application under Section 407 of the Code of Criminal Procedure, 1973;(3)
an application under Section 438 or 439 of the Code of Criminal Procedure, 1973;(4)
an application under Section 439 (2) of the Code of Criminal Procedure, 1973; or(5)
an application under Section 482 of the Code of Criminal Procedure, 1973.Section 22
Read Full SectionElection Petition
Election Petition.
- A petition under Section 81 of the Representation of Peoples Act, 1951, shall be registered as an Election Petition.Section 23
Read Full SectionCentral Excise Appeal
Central Excise Appeal.
- An appeal under Section 35G of the Central Excise Act, 1944 shall be registered as a Central Excise Appeal.Section 24
Read Full SectionForeign Exchange Management Appeal
Foreign Exchange Management Appeal.
- An appeal under Section 35 of the Foreign Exchange Management Act, 1999 shall be registered as a Foreign Exchange Management Appeal.Section 25
Read Full SectionIncome Tax Appeal
Income Tax Appeal.
- An appeal under Section 260A or 269H of the Income Tax Act, 1961 shall be registered as an Income Tax Appeal.Section 26
Read Full SectionTax Reference
Tax Reference.
- All references under statutes relating to taxation shall be registered as a Tax Reference.Section 27
Read Full SectionValue Added Tax Appeal
Value Added Tax Appeal.
- An appeal under Section 53 (1) of the Value Added Tax Act, 2002 shall be registered as a Value Added Tax Appeal.Section 28
Read Full SectionWealth Tax Appeal
Wealth Tax Appeal.
- An appeal under Section 27-A of the Wealth Tax Act, 1957 shall be registered as a Wealth Tax Appeal.Section 28A
Read Full Section[ [Inserted by Notification No. 39-O.S.D. No. 1. dated 15-5-2009 (w.e.f. 15-6-2009).]
[ [Inserted by Notification No. 39-O.S.D. No. 1. dated 15-5-2009 (w.e.f. 15-6-2009).]
An Appeal under any enactment relating to taxation, other than those mentioned hereinbefore in this chapter shall be registered as Other Tax Appeals.]Section 29
Read Full SectionWrit Appeal
Writ Appeal.
- An appeal under Section 2(1) ofthe Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, shall be registered as a Writ Appeal.Section 30
Read Full SectionWrit Petition
Writ Petition.
- Ordinarily, following cases shall be registered as a Writ petition-(1)
a petition filed under Article 226 and/or 227 of the Constitution of India: and(2)
any other matter directed by the Chief Justice to be registered as Writ Petition.Section 31
Read Full SectionAny other case filed in the High Court which does not fall in any of the aforesaid categories may be classified and registered in accordance with special or general orders of the Chief Justice passed in that behalf.
Section 32
Read Full SectionIn computing the period of limitation for an appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, the time requisite for obtaining a certified copy of the judgment or order, shall be excluded.
Section 33
Read Full SectionThe memo of appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, shall bear the same Court fee as on a writ petition and shall be accompanied by one certified copy along with one photo copy of the judgement or order appealed from.
Section 34
Read Full SectionAt the time of presentation of a writ appeal, photocopy of the writ petition, return and rejoinder (if any), with annexure and documents shall be filed in two identical sets in paper-book form, enclosed in a cover with page numbers & index.
Section 35
Read Full SectionNo relief of an interlocutory nature shall be granted unless a separate application in that behalf is made.Caveat
Section 36
Read Full SectionA person claiming a right to be heard in a civil or writ case before a stay or an interim relief is granted by the Court may at any time, file a Caveat.
Section 37
Read Full SectionA person intending to lodge a caveat, shall serve a notice of caveat by registered post with acknowledgement due or by approved courier service, on the person by whom the appeal/petition/application has been, or is expected to be made, furnishing following particulars regarding the judgement/order etc. in respect w hereof the caveat is sought to be filed-
(1)
the date of judgement/order etc.,(2)
name of the Court, if any,(3)
the cause title and case number, if any,(4)
government/designation of the authority, and(5)
particulars of the order etc.,accompanied by a receipt evidencing dispatch of caveatThe caveator may, thereafter present caveat furnishing aforesaid particulars in Format No. 10 :Provided that-(a)
Where the caveator is represented by an advocate, his vakalatnama shall accompany the caveat.(b)
If the caveat is filed in person, his full postal address, telephone number, fax number with S.T.D. Code and e-mail address, if any, shall be furnished.(c)
In case the caveator is an outsider, he shall give his or his authorized agent's local address.Section 38
Read Full SectionA caveat shall remain in force for a period of 90 days from the date of presentation.Interlocutory Applications
Section 39
Read Full SectionIf an interlocutory application is filed in a main case, pending in the High Court, the class and number of such main case shall be set out in the cause title.
Section 40
Read Full SectionAn interlocutory application shall ordinarily not contain more than one relief. However, w here more than one relief is asked for, extra Court fees shall be paid for each of such additional relief.Taxation Cases
Section 41
Read Full SectionAll main cases under taxation statutes shall be prepared, processed, listed and heard in accordance with the rules framed by the High Court under those statutes.Election Petitions
Section 42
Read Full SectionAll election petitions shall be prepared, processed, listed and heard in accordance with the rules relating to election petitions framed by the High Court.B. Criminal Matters
Section 43
Read Full SectionThe cause title of every memorandum of appeal, petition or application shall contain-
(1)
the name, description and address with police station of each appellant, petitioner or applicant;(2)
the name, description and address with police station of each person who is proposed to be made the opposite party;(3)
the status (whether prosecution, complainant, applicant, accused or non-applicant etc.) of the parties in the Court of first instance.Section 44
Read Full SectionEvery memorandum of appeal or revision petition shall have endorsed, immediately below the provision under which such memorandum or petition is filed, the provision of law under which the conviction is recorded and the details of the sentence imposed, including fine, if any.
Section 45
Read Full Section(1)
Every memorandum, petition or application to initiate a main case shall state clearly-(a)
(b)
facts of the case in brief;(c)
grounds, numbered serially; and(d)
relief prayed for.(2)
Every such memorandum, petition or application, shall be accompanied by a certified copy of the impugned judgement or order.(3)
Where the Court has ordered notice to be issued, the appellant, petitioner or applicant shall supply as many legible typed/printed copies or photocopies of memorandum of appeal, petition for revision, application for grant of bail or application for grant of any urgent relief pending appeal or revision, or affidavit, certified to be correct by the party supplying them or his advocate, as there be parties to be served :No notice shall be issued from the office until the required number of such copies have been supplied.Section 46
Read Full SectionIt shall be stated in the first paragraph of every criminal appeal, revision petition or application as to whether it is first or subsequent appeal, revision or application against the impugned order. If subsequent, the particulars and result of earlier proceedings shall be disclosed.
Section 47
Read Full SectionIt shall also be stated in the first paragraph of every revision petition, against the order of a Magistrate, that the petitioner (s) have not filed any revision petition against the impugned order or judgement before the Court of Session.
Section 48
Read Full SectionA memorandum of appeal or revision petition against conviction, except in cases where the sentence has been suspended by the Court below, shall contain a declaration to the effect that the convicted person is in custody or has surrendered after the conviction.Where the sentence has been so suspended, the factum of such suspension and its period shall be stated in the memorandum of appeal or revision petition, as also in the application under section 389 of the Code of Criminal Procedure, 1973.An application under Section 389 of the Code of Criminal Procedure, 1973 shall, as far as possible, be in Format No. 11 and shall be accompanied by an affidavit of the appellant/applicant or some other person acquainted with the facts of the case.
Section 49
Read Full SectionNo criminal appeal, revision petition or application for grant of bail or any other urgent relief shall be entertained unless a copy thereof along with the copy of judgement or order appealed against or sought to be revised or copy of the order refusing bail passed by the Sessions Judge has been delivered in the office of the Advocate General and acknowledgement thereof obtained on such memorandum, petition or application.However, where the case had been investigated and prosecuted by Central Bureau of Investigation, such copy shall be served upon the standing counsel for that bureau.
Section 50
Read Full Section[ [Substituted by Notification No. 39-O.S.D. No. 1, dated 15-5-2009 (w.e.f. 15-6-2009).]
[ [Substituted by Notification No. 39-O.S.D. No. 1, dated 15-5-2009 (w.e.f. 15-6-2009).]
Nothing hereinbefore contained in this Chapter shall apply to criminal appeals and revisions preferred by a person confined in prison and sent through the officer-in-charge of the jail.]Appeals & Revisions by PrisonersSection 51
Read Full SectionA Petition of appeal or revision may be presented lo the Officer-in charge of the jail, in which the prisoner is lodged, by the prisoner in person.
Section 52
Read Full SectionA memo of appearance or vakalatnama, if filed, shall be signed by the prisoner and forwarded by the Officer-in-Charge of the jail under his signature.
Section 53
Read Full SectionThe Officer-in-Charge of the jail shall forthwith forward such petition of appeal or revision together with the copy of judgement or order appealed against or sought to be revised in Form No. 12, to the Sessions Judge of the concerned district. The Sessions Judge shall immediately transmit such appeal with entire record of the case to the Registrar of the High Court, who shall forward the same to the Section Officer/Assistant, filing centre for processing.Entire process shall be expedited by all concerned, particularly where the awarded sentence is of short duration,Hail Applications
Section 54
Read Full SectionAn application under Sections 438 and 439 of the Code of Criminal Procedure. 1973. shall, as far as possible be in the Format Nos. 13 and 14 respectively, and shall contain name of the police station and crime number.
Section 55
Read Full SectionAn application under Section 438 of the Code of Criminal Procedure, 1973. shall be supported by an affidavit of the applicant or some other person acquainted with the facts of the case.
Section 56
Read Full SectionAn application under Section 439 of the Code of Criminal Procedure, 1973, filed on the instructions of a person other than the accused confined in prison, shall be accompanied by an affidavit.
Section 57
Read Full SectionWhere the number of accused persons is more than one, the affidavit mentioned in Rule 56 shall stale that to the best of the knowledge of the affiant, no bail application has been moved by any of the co-accused persons and if such an application has been moved, details (such as institution number, whether pending, if not. date of the order and coram of Judges deciding the application etc.) shall also be disclosed.
Section 58
Read Full SectionNo application under Section 438, 439 or 389 of the Code of Criminal Procedure, 1973. for the grant of bail or suspension of sentence, shall be entertained, unless it contains an averment that a similar application relating to the same subject matter has or has not been made to the Supreme Court, High Court and/or Court of session and if made, the date of presentation, date of disposal, result thereof and coram deciding the application, shall also be disclosed.
Section 59
Read Full SectionA first application for bail shall be accompanied by a certified copy of the order rejecting bail, if any.
Section 60
Read Full SectionEvery subsequent application under Section 438 or 439 of th6 Code of Criminal Procedure, 1973, shall be accompanied by certified copies or photocopies of certified copies of orders deciding earlier applications.
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