Lucknow -high-court-visit-report-lko.docx

High Court Visit Introduction Courts are regarded as the temples of justice. Any person who is aggrieved by the acts of another takes his resort in courts to get his grievances. For every law student who intends to pursue his career as a lawyer and is preparing to develop his career plans, he will be much benefitted if he gets an opportunity to observe closely the procedures carried out in the courts. Court visits are included in legal education curriculum to provide the students with an opportunity to study by observing a live court room. We the students of law at RMLNLU,LUCKNOW is having such an activity in our fourth Semester i.e., to visit a court and to prepare a report thereof which is to be recorded and submitted. As a part of the activity we decided to visit and observe a day's work at the High court of judicature at Allahabad (Lucknow bench). High court of judicature at Allahabad (Lucknow bench) is a Constitutional as well as Statutory judicial body. High court of judicature at Allahabad (Lucknow bench) is constituted by the Government of India under Article 214 of the Constitution of India. The High Court is a Constitutional Court in terms of Article 215. It is a court of record and has all the powers of such court including the power to punish for contempt of itself. The High Court has Original, Appellate as well as Revisional jurisdiction in both civil as well as criminal matters apart from the power to answer reference under certain statutes. Every High Court shall consist of a Chief Justice and such other judges as the President of India from time to time deem it necessary. At present, the sanctioned Judge strength of the High court of judicature at Allahabad (Lucknow bench) is 19 Permanent Judges excluding the Chief Justice and 6 Additional Judges. Every judge including the Chief Justice shall be appointed by the President of India by Warrant under his hand and seal. Every permanent judge will continue in office until he attains the age of 62 years. The Additional Judges are appointed for a period not exceeding two years taking into account the temporary increase in the business of the High Court. Such judge shall also not hold office after attaining the age of 62. As at present, there are 19 Permanent Judges excluding the Chief Justice and 9 Additional Judges. Article 230 enables the Indian Parliament, by law to extend the jurisdiction of a High Court to any Union Territory. By virtue of this the High court of judicature at Allahabad (Lucknow bench) is also the High Court. Acknowledgement Before detailing the report it is essential to acknowledge the efforts of certain good people who had given their support and guidance to make this report. First of all I must express my sincere gratitude to all professor especially Dr. RAJNEES KUMAR YADAV who supported and guided and accompanied us throughout this effort.

Last but not the least, I would like to express my sincere gratitude to God the Almighty, for bringing to me such wonderful persons to help me in my work.

Scope and Object The scope of the visit is that it helps the law students to understand the judicial process at the High court of judicature at Allahabad (Lucknow bench) by directly experiencing it. for any student who is planning for a career as an advocate such an experience would help to promote his ambitions and plan his career forward. The object was to understand the procedure that is being followed in the High court of judicature at Allahabad (Lucknow bench) . The procedure followed in High Courts is different from that of trial courts as there are no such elaborate procedures of trial being conducted in High Courts as there in trial courts. Methodology. As a part of the curriculum we had to visit a court and make report based on its findings. we decided to visit the High court of judicature at Allahabad (Lucknow bench) and to prepare a report thereof. We obtained permission from the authorities to enter the court room and to observe proceedings. We entered court rooms in groups and seen the proceedings that was being held in each court room. We interacted with the advocates and understood the procedures of filing a petition, obtaining and implementing interim orders, execution orders etc. Observation. The High Court transacts its judicial functions, the Judges sitting in Single, in Division Bench and in specifically referred cases in Full Bench and also in Larger Bench. The power of distribution of work in courts vests with the Chief Justice and the work is distributed depending on the subject matter of the cases. The constitution of sittings and work distribution is published daily.

There are all together 13 Judicial Sections in the High Court to deal with 50 types of cases filed in the court from filing to issue of Certified Copy of Judgment / Orders. The Cause List of cases posted before different Courts / Chambers are also published daily and weekly. Filing Of Case Filing a suit or petition before High Court is having a different procedure from that of the ordinary law courts. The petition is never given directly to the court. The file shall be submitted at the filing section of the High Court. At least 5 copies of the petition shall be filed by the petitioner. If more copies are needed to send to the opposite parties along with the notice or to be given to each presiding judges such number of copies as needed must also be added with it. There is a format for every petitions and every petition must follow that format. The format of every petitions to be filed is that it must have;

1. Index 2. Synopsis 3. Petition 4. Affidavit 5. Exhibit This pattern shall be followed for every petition filed in the High Court. At the filing section the officers of court would check for defects in the petition. If there is any defects the defect would be shown in the notice board and the advocate is expected to cure the defect and resubmit the file within fifteen days. In case of any delay for filing after the limitation of fifteen days, there must be either sufficient cause for such delay or the party will be required to condone for such delay. Petitions filed after curing the defects or filed without defects would be numbered and forwarded to the bench for hearing. Hearing of the Case When a petition is numbered and forwarded to the bench, notice to this effect will be sent to the opposite party or parties as required along with a copy of the petition submitted to the court and the person is expected to appear before the court and contend in the case. Hearing of case in High court can be put to four stages; I. Admission in the admission stage the sustainability of the petition is being checked. There can be three kinds of petitions admitted in High Court firstly cases coming under the original jurisdiction of High Court, secondly cases of appellate jurisdiction, thirdly revision petitions under the revisional jurisdiction of High Court. Original Jurisdiction of High Court The High Court can have Original jurisdiction in matters of writ petitions. In terms of Article 226 of the Constitution of India, the High Court shall have power in relation to its territorial jurisdiction to issue Directions, Orders and Writs including the Writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quowarranto and Certiorari for enforcement of the fundamental rights guaranteed to the citizens under Part III of the Constitution or for any other purpose. Appellate Jurisdiction Sections 100 of the Code of Civil Procedure provides for filing of second appeals in High Court. An appeal shall lie to the High court under section 100 from every decree passed in appeal by any court subordinate to the High Court, if the High court is satisfied that the case involves a substantial question of law.

The memorandum of appeal should precisely state the substantial question of law involved in the case. Revisional Jurisdiction Section 115 of Civil Procedure Code empowers the High Court to interfere in revision in any case decided by any subordinate court, If such subordinate Court appears to have; a)exercised a jurisdiction not vested in it by law, or b)failed to exercise a jurisdiction so vested, or c) acted in the exercise of its jurisdiction illegally or with material irregularity. If such conditions are satisfied an aggrieved person can move to High Court for revision. The sustainability of the petitions would be checked by the court at the admission stage of the petition. II.

III.

Counter When the petition is found admissible the next stage is for the counter. At this stage notice would be issued to the respondent parties to appear before the court and to present their case. A notice issued from High Court can be by way of an Ordinary notice, notice by speed post or a notice by special messenger in cases of special urgency. The respondent can appear before the court and file counter for the petition submitted. Hearing After the counter being filed by the respondent the actual hearing of the case would begin. The hearing would be upon the questions of law and not of facts. therefore there won't be any elaborate trial proceedings such as witness examinations. The questions of law would be heard and arguments and evidences in this regard would be examined and a decision thereupon would be formulated. A special bench was constituted in the High court to hear matters of offences against women after the Delhi gang rape issue. High Court consist a bench for hearing service matters but most of the service matters are dealt by the State Administrative Tribunal and the Central Administrative Tribunal. A green bench will be constituted in the High court of judicature at Allahabad (Lucknow bench) in the near future. At present the green bench is constituted at Chennai with Uttar Pradesh included in its jurisdiction.

IV.

Disposal

After hearing the parties, their arguments on various questions of law, a decision would be formulated and a final judgement will be made. In writ petitions Orders shall be given in accordance with the petition. High Court can give final judgements in second appeals, writ orders, interim orders, execution orders etc. Findings. After completing the visit I record the following facts as my findings;            

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High court of judicature at Allahabad (Lucknow bench) is the apex court in Uttar Pradesh and Lakshadweep. High court of judicature at Allahabad (Lucknow bench) is the head of the State Judiciary having supervisory power over all the other subordinate courts in Uttar Pradesh. High Court is a court of record and has all the powers of such court including the power to punish for contempt of itself. Every High Court shall consist of a Chief Justice and such other judges as the President of India from time to time deem it necessary. At present the Uttar Pradesh High Court consist 26 Permanent Judges including the Chief Justice and 9 Additional Judges. The present chief justice of Uttar Pradesh high court is The Hon’ble Justice Mrs. Dr. Manjula Chellur. The retirement age for the judges of high court is 62 years. The High Court transacts its judicial functions, the Judges sitting in Single, in Division Bench and in specifically referred cases in Full Bench and also in Larger Bench. The power of distribution of work in courts vests with the Chief Justice and the work is distributed depending on the subject matter of the cases. There are all together 13 Judicial Sections in the High Court to deal with 50 types of cases filed in the court from filing to issue of Certified Copy of Judgment / Orders. There are two categories of advocates in High Court the Senior Advocates and Other advocates. Under its original jurisdiction High Court shall have power in relation to its territorial jurisdiction to issue Directions, Orders and Writs including the Writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quowarranto and Certiorari for enforcement of the fundamental rights guaranteed to the citizens under Part III of the Constitution or for any other purpose. The High Court shall also have superintendence over all Courts and Tribunals throughout the territory in relation to which it exercises jurisdiction. High Court posses revisional jurisdiction over the judgements passed by its subordinate courts subject to its territorial jurisdiction.

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Second appeals are permissible in High court only if it contains any substantial question of law. The business and exercise of the powers of the High court of judicature at Allahabad (Lucknow bench) are regulated by the provisions contained in the act and the Rules of the High court of judicature at Allahabad (Lucknow bench). The High Court has Original, Appellate as well as Revisional jurisdiction in both civil as well as criminal matters apart from the power to answer reference under certain statutes.

APPENDIX Writ Petition BEFORE THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH) AT LUCKNOW

In the case of State of UP Vs Ram narayan chaubey and ors INTERIM RELIEF SOUGHT FOR:For the reason state in the memorandum of Writ Petition and accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may be pleased to grand interim direction to the Respondents No 2 and 3 to provide police protection for the completion of the construction work as per the agreement and maintain the status quo pending final disposal of this Writ Petition, in the interest of justice, equity and good conscience.

Dated this the 6th day of April, 2018

P.S.ANISHAD Counsel for the petitioner

BEFORE THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH) AT ERNAKULAM

Kamla kant SIngh

: Petitioner.

Vs.

State of Uttar Pradesh & Ors

: Respondents.

FIR No. 103/10Police Station Samaipur BadliOffence Attempt to MurderUnder Section 34,307,392,394,397 (IPC)Date of FIR 20-01-2010Action Taken on FIR (Date & Time) 20-012017 at 03:20 Pratapgarh district, kalakankar Victim’s Name Suraj palI this case according to the victim Suraj pal, he sells the vegitables in som market, in Rohini Sector 18. He was going to home with his brother at 12:15 AM ,the date was19th Aprail 2010. At the road three peoples surround him and robber him to see the knife, that time his brother was not there. His brother talking with his friend on mobile, but when he saw this then he run to save his brother. To saw this one person attacked with knife on Suraj pal and rob theRs. 3400 and run away. After that his brother called the police and admitting in a hospital. When the police record the statement of both the brothers and after the investigation police arrest all the offender.

REPORT PREPARED AND SIGNED BY 1. MOHD ABUSHAD Enrollment no. 160101100 Sign 2. LARAIB AQDUS Enrollment no. 160101095 Sign 3. SHUBHAM YADAV Enrollment no. 160101146 Sign