Lawzonline.com 
 
Home|Discussion Forum|Communities|Professional Search|Law Dictionary|Bare Acts|Law Schools|State Bare Acts|Free Judgement Search|Law quotes
Articles  |    Humor    |    Law Digest
 
 
Bare acts search

 
  
Bare acts > Code of Civil Procedure, 1908 > Order 41 Rule 31
 
  


 

31. Contents, date and signature of judgment.- The judgment of the Appellate Court shall be in writing and shall state—

(a) the points for determination;

(b) the decision thereon;

(c) the reasons for the decision; and

(d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled, and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring there in.


HIGH COURT AMENDMENTS

Allahabad.- At the end of the rule, substitute a semi-colon for the stop and add the following:

“Provided that where that presiding Judge pronounces his judgment by dictation to a shorthand-writer in open court, the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge and shall bear the date of its pronouncement.” (13-1-1939).

Andhra Pradesh.- Same as that of Madras.

Bombay, (Dadra and Nagar Haveli) Goa, Daman, and Diu.- In Order XLI, Rule 31, substitute a colon for the full stop appearing at the end of the rule and add thereafter the following proviso:

“Provided that where the judgment is pronounced by dictation to a shorthand-writer in open Court the transcript of the judgment so pronounced shall, after making such corrections therein as may be necessary, be signed by the Judge or the Judges concerned and shall bear the date of its pronouncement.” (1-10-1983 and 1-44987).

Gujarat.- Same as that or Allababad. (17-8-1961).

Kerala, Laccadive, Minocoy and Amindivi Islands.- Rule 31 shall be remumbered as sub-rule (1) thereof and the following shall be inserted as sub-rules (2) and (3), namely:

“(2) In cases where a judgment is not written by the Judge in his own hand, but dictated and taken down by another verbatim, each page of the judgment shall be initialled by him.

(3) Where the judgment is pronounced by dictation to a shorthand-writer in open Court the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge.” ((9-6-1959).

Karnataka.- Add the following proviso to Rule 31:

“Provided that where the presiding Judge is specially empowered by the 1-ugh Court to pronounce his judgments by dictation to a shorthand-writer in open Court the transcript of the judgment so pronounced shall after such revision as may be deemed necessary be signed by the Judge.” (5-11-1959).

Madras and Pondicherry.- The following is substituted for Rule 31:

“31. The judgment of the Appellate Court shall be in writing and shall state (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled; and shall bear the date on which it is pronounced and shall be signed by the Judge or the Judges concurring therein:

Provided that, where the presiding Judge is specially empowered by the High Court, to pronounce his judgment by dictation to a shorthand-writer in open Court, the transcript of the; judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge.” (4-9-1917).

Orissa.- Same as that of Allahabad, (21-9-1960).

Patna.- The amendment made in Rule 31 is the same as that made by Allahabad, except after the words “signed by the Judge” the words “or by the Judges concurring therein” are inserted.

Rajasthan.- In Order XLI, Rule 31, the existing Rule 31, shall be renumbered as sub-rule (1) of that rule, and after sub-rule (1) as so renumbered, the following sub-rules shall be inserted:

“(2) Where the judgment is pronounced by dictation to a shorthand-writer in open Court, the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge and shall bear the date of its pronouncement.

(3) In cases where a judgment is not written by the Judge in Iris own hand, but dictated and taken down verbatim by another person, each page of the judgment shall be initialled by him.”(11-3-1965).

 

 

 

 

 

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

 

Quick Links     
      
Family LawsInsurance LawsEnvironmental lawTax LawFDI 
Company LawTelecommunication LawLabour LawsCentral RulesRBI 
Business & Commercial LawsConsumer lawsCorporate lawsCriminal lawsSEBI 
Intellectual Property lawMedia & Press lawsPharma & Medical lawsProperty lawFEMA 
Debt Recovery LawsAmendmentsProfessional lawBanking LawsLegal Links 
      
      
 
 
 
 
 

 
   
 

 

 

Privacy PolicyDisclaimer

Copyright @2010