Circular of the Department of Legal Affairs dated 25th January, 1959 on section 4 of the Calcutta High Court (Extension of Jurisdiction) Act, 1953 [C10-BH7]

F. No. 5/81/1959-DEPA

Government of India

Ministry of Law and Justice

Department of Legal Affairs

New Delhi, dated the 25th January, 1959

To

All Registrars and Highs Court

Subject: Section 4 of the Calcutta High Court (Extension of Jurisdiction) Act, 1953 (41 of 1953), the taking of evidence on commission, regarding.

1. References have been received in the Department of Legal Affairs seeking clarification on the manner in which section 4 of the Calcutta High Court (Extension of Jurisdiction) Act, 1953 (41 of 1953) (hereinafter referred to as the Act) is to be applied to commissioners appointed by the court who undertake the taking of evidence on commission at more than one place.

2. The matter has been examined. Section 4 of the Act requires every commissioner appointed by the court to make an application to the High Court within the period stated in that section.

3. It is, accordingly, clarified that a separate application shall be made in respect of each place at which the taking of evidence on commission is undertaken, and the High Court shall process each application in accordance with section 4 of the Act and the rules made thereunder.

4. Difficulties, if any, in the implementation of this circular may be brought to the notice of the Department of Legal Affairs.

(Under Secretary to the Government of India)