This article describes the Powers and functions of Registrar of Supreme Court of Bangladesh.
[ Powers and Functions of Registrar of Supreme Court ]
1. Powers and functions of Registrar:
The powers function of the Registrar has been described in chapter I and II of part-1 of High Court Rules in the following ways :
11. (a) The Registrar is in administrative control of the offices of the Court, and the Officers in immediate charge of such offices are responsible to the Registrar and he to the Chief Justice for their efficient administration. Matters affecting all departments, and establishment questions in particular, shall be submitted to the Registrar through the Deputy Registrar.
(b) The Deputy Registrar shall in matters other than establishment questions act under the direction of the Registrar and when required shall be in charge of and guide and control the entire office in all its jurisdictions subject to the orders of the Chief Justice and the rules framed by the Chief Justice or any other Committee of Judges or any Judge in charge of any department..
(c) The Assistant Registrars will generally submit to the Registrar proposals, comments. etc. on administration effecting finance, establishment and employees of the Court and those related to furniture, stores, equipament, installation, forms and stationery through the Deputy Registrar and the Registrar in his turn shall seek the order of the Chief Justice in all important subjects connected therewith.
(d) All Administrative papers to be laid before the Chief Justice or any of the Judges shall ordinarily be submitted through the Registrar. mang đến
(e) The Registrar shall maintain a confidential Charactar Roll for each Gazetted Officer of the Court.
Note-For form of annual Confidential Report on Gazetted Officers of the “High Court”. See Appendix to this Chapter”]
12. The office rooms of the Court are not open to the public, information regarding cases. shall only be obtained upon filing an application in the prescribed room. Advocates may. however, interview any Gazetted Officer of the Court during office hours on official business. They or their clerks shall also have free access to the proper officials for the purposes mentioned below:
(3) Obtianing an official report from stamp reporter as to sufficiency or otherwise of the stamp on a memorandum of appeal, on a memorandum of objection under order XLI, rule 22 or 26, Civil Procedure Code, on an application for leave to appeal in form a pauperis;
(b) Presenting memoranda of appeals, memoranda of objections under order XLI, rules 22 and 26, Civil Procedure Code, is accordance with the rules made by this Court and getting the Court fee stamps attached to such memoranda cancelled by the clerk-in charge.
(c) Having Court-fee stamps affixed to miscellaneous applications intended to be presented to the Court or the Registrar, or applications for copies, information or inspection cancelled by the clerk-in-charge and entered in the Filing Register:
(d) Transacting business connected with the deposit and withdrawal of money, etc., with the Accountant of the Court.
(e) Filing applications for leave to appeal to the Supreme Court after cancellation of the Court-fee stamps attached to such applications and entry in the Filing Register;
(f) Filing for copies and folios with the Superintendent of the Copying Section, and appearing before him when required to do so;
(g) Inspecting records in the Inspection Room or the space set apart for the purpose inspection and in the presence of the Clerk-in-Charge;
(h) Filing applications with the Bench Clerks and appearing before them to settle decrees or when required to appear before them for any other official purposes;
(i) Filing applications for information and inspection of records with the officers empowered to deal with these matters;
(j) Filing other document not referred to above with the Clerk-in-Charge for cancellation of the Court-fee stamps (if any) attached to such documents, and for distribution to the departments concerned;
(k) Receiving manuscripts, receiving and filing proofs of paper-books and filing paper-books.
(1) Translating documents for preparation of paper-books (only such Advocates and Ell their clerks as are authorised to do so under the rules of this Court);
(m) Translating documents in relation to Second Appeals, Second Miscellaneous Appeals, Revision Cases and Reference (only such Advocates and their clerks as are referred to in Rule);
(n) Obtaining prescribed forms from the Clerk-in-Charge or the Forms Clerk;
(0) Having oaths and affirmations administered before a Commissioner of Affidavits;
(p) Getting affidavits explained to declarants by translators of the Court; and
(q) Paying Talabana and other fees, charges and costs.
Powers of Register
2. An addition to the powers conferred upon him by other rules the Registrar shall have the following duties and powers in relation to Civil and Criminal matters:
(I) To receive an appeal under clause 15 of the Letters Patent from the Judgement of a Division Court, and to issue notices as soon as the appeal is registered.
(II)To receive an appeal under clause 15 of the Letters Patent from the judgement of a Judge sitting singly, and to issue notices as soon as the appeal is registered to all the respondents and to post it for hearing. (II)
(III) To receive an appeal from the decree or order of a subordinate Civil Court, and in the case of Second Appeals and Appeals from Orders, other than those under the Workmen’s Compensation Act if in order, to post them in the list of hearing under Order XLI, Rule 11 of the Code of Civil Procedure and, in the case of Appeals from Original Decrees or Orders under the Workmen’s Compensation Act to issue notices as soon as the Appeal is registered.
(IV) To dispose of all matters relating to Court-fees (other than appeals the subject matter of which is the amount of Court-fee payable) and to the service of notices or other processes;
Provided that all Rules, in which there has been default in paying process fees within the time allowed in Rule 13, Chapter IV of these rules, shall be laid before the Bench which issued them, or if the Judges composing that Bench are no longer sitting together, before the senior of the two Judges and in his absence before the junior, to be dealt with by that Judge and the Judge who happens to be sitting with him.
In the event of both Judges who issued the Rule being absent or otherwise unable to deal with it, the Rule shall be laid before the Division Bench taking Lawazima matters.
A Rule issued by a Judge sitting singly in which there is default in paying process fees shall be laid before the Judge, who issued the Rule and if he is not sitting it shall be laid before some other Judge sitting singly.
(V) To dispose of all matters relating (i) to the substitution the heirs of parties. provided no question of limitation arises; (ii) to the representation of minor parties when there is no dispute as to the guardianship and (iii) applications under Order XXII, rule 10, Civil Procedure Code, to record an assignment, creation or the devolution of an interest during the pendency of an appeal. provided that such assignment, creation or the devolution is not disputed, and where such assignment, creation or devolution has taken place within three years as provided for in Article 181 of the Limitation Act.
(VI) To dispose of all matters relating to the appointment, removal or discharge of next friends or guardians ad-litem of minors or persons of unsound mind; Provided that next friends of guardians ad-litem, as the case may be shall not be removed except on stamped application supported by an affidavit and on notices to the persons sought to be removed, and also with notice to such party or parties as the Registrar in his discretion directs.
(VII) To require any memorandum of appeal, petition, application or other proceeding presented to the Court or to the Registrar to be amended in accordance with the procedure or practice of the Court.
(VIII) To call for records from Subordinate Courts.
(IX) To dispose of requisitions by subordinate Courts for records and documents.
(X) To receive and dispose of an application for the return of a document.
(XI) To require any person or party to file an Affidavit with respect to any application or matter in respect of which he has power to exercise any discretion or to make any order.
(XII) To stop at his discretion the issue of all or any papers to any person who has failed to pay any fee or charges due to the Court.
(XIII) To dispose of all applications for copies of records, whether presented by parties or persons who are not parties to the proceedings to which such records relate.
(XIV) To decide the question of the necessity for transcribing and printing any accounts, not specifically applied for by the parties to an Appeal to the Supreme Court.
(XV) To call for a further deposit where the deposit already made by the appellant in an Appeal to the Supreme Court is not sufficient to defray the cost of preparing the record, and to fix the time within which such further deposit shall be made.
(XVI) To order payment of the interest accuring on Government Promissory Notes or other securities bearing interest deposited under Order XLV. Rule 7, Civil Procedure Code, and to order the refund of any unexpended balance under Order XLV, Rule 12 of the Code.
(XVII) To dispose of all Lawazima reports relating to the preparation of paper-books, and to hear all applications in any of the above matters.
(XVIII) To deal with and hear applications to dispense with more than one copy of the judgement under Order XLI, Rule 1 of the Civil Procedure Code and Chapters V and VI, Rules 4 and 19 respectively of these Rules; and to direct analogous hearing of appeals.
(XIX) Subject to the provisions of Rule 60, Chapter V of these Rules to deal with an application to the effect that a case be not placed on the Daily List for at particular day or days; provided that where a case is on the Daily List any application for its removal from that list shall be made to the Court and not to the Registrar.
When, however, an application has to be made to remove a case from the Daily List of a Bench which is not sitting on the day when the application has to be made or on a day when that list is not being taken, such applications shall be made to the Registrar.
(XX) To deal with all matters relating to the service, non-service and defect of service of the Court’s notices in Criminal cases.
(XXI) To deal with all matters relating to the substitution of legal heirs of deceased parties in all Criminal cases wherein such substitution may be necessary.
(XXII) To deal with all defects in Vokalatnamas in Civil and Criminal cases.
(XXIII) To deal with applications for copies in Criminal cases, where such copies are not ordinarily granted without the permission of the Court.
(XXIV) To deal with, and dispose of, all petitions of appeals in Criminal cases wherein appeals maynot be preferred to this Court.
(XXV) To record an order of abatement of all appeals, rules, revisions and applications after the expiry of the statutory period, provided that he shall not be entitled to entertain applications of parties for the revival or for the setting aside of abatement of any appeal or other proceeding.
(XXVI) To deal with and pass orders on matters referred to in Order XLI, Rule 14(3) of the Civil Procedure Code
2A. Nothing in Rule 2 shall be deemed to authorise the Registrar to make an order of dismissal of an appeal for default or for any reason or to determine disputed questions of representation under Order XXII, Rule 5, Civil Procedure Code, or to pass final orders on contested applications for the appointment and removal of next friends and guardians ad-litem or on contested applications under Order XXII, Rule 10, C.P.C.
2B. The Registrar may delegat to the Deputy Registrar or to an Assistant Registrar any
function with which he is vested under Chapters IV and V and VIII to XIII except those referred to in clauses (IV) to (VII), (X). (XI). (XIV) to (XXI), (XXV) and (XXVI) of Rule 2 above. He may also refer any matter under Rule 2 to the Court for orders.
2C. All orders made by the Registrar under these rules shall be appealable with a fixed Court-fee of Tk. 3 and shall be heard by an appropriate Lawazima Bench.
3. Applications entertainable by the Registrar shall be presented to him and not to the Bench. All such applications shall be made in writing, on paper of foolscap size with a margin of 2 inches, and shall, if not typewritten, be legibly written.
4. In the absence of the Registrar, or whenever the Chief Justice so directs, his powers and duties under clauses (IV) to (VII), (X). (XI), (XIV) to (XXI), (XXV and XXVI) of Rule 2 of this Chapter shall be performed by a Judge or Judges, and the powers which he is authorised to delegate shall be performed by the Deputy Registrar or other officers of the Court.
Note -Whenever the words “Deputy Registrar” occur in any of the High Court Rules they shall be held to include the Deputy Registrar and any other officer of the Court to whom the Registrar may have deligated the authority to exercise the function mentioned in the Rule.
Read More: