COURTS MANUAL GQCO-O 0COCO ฮ่3 ร:§o$§<8: L CD FOURTH EDITION 1999 Z c c s c n o o o s p : รํเะ 3j]o t' CO CO GO 0 3 gS ’ขนนร?•แ•.ช 15V SUPREME COURT TABLE OF CONTENTS PART 1 PARA LEGAL PRACTIONERS AND PETITION WRITERS CHAPTER I- Advocates and Pleaders 1................. 1-11 CHAPTER แ- Petition Writers ............................... 12 PART n INSTRUCTIONS AND ORDERS RELATING TO BOTH CIVIL AND CRIMINAL PROCEDURE CHAPTER III- Adminstation and Conduct of Cases...... 13-48 CHAPTER IV- Evidence-Prisoners Act-Oaths Act ... 49-75 CHAPTER V- Court Fees and Stamps- Court Free Act-Stamps Act ..................... ......... 76-102 CHAPTER VI- Translation and Copies- Inspection ofRecords ........... .......................... 103-109 PART III CIVIL PROCEDURE CHAPTER VII- Procedure in Suits and Miscellaneous Proceedings ...................................... J10-182 CHAPTER VIII- Procedure in Execution ..................... 183-283 CHAPTER IX- Arrest and attachment before Judgment- Injunction .... ....................... ...... 284-288 CHAPTER X- Commissions .................................... 289-293 CHAPTER XI- Pauper Suits ................................... 294-297’ CHAPTER xn - Suits by or againt Goverment Attorney- General ................ ............... 289-299 CHAPTER Xffl- Appeal, Refemce and Revision ........ 300-309 CHAPTER XIV- Procedure under Special Enactments- 1. Specific Relief Act .................... 310-311 2. Tranfer of Property Act .......... 312-315 3. Myanmar Small Cause Courts Act.. 316-321 4. Land Acquisition Act ..................... 322-326 5. Myanmar Companies Act .............. 327 PARA 6. Myanmar Succession Act .............. 328-337 7. Administrator- General's and Official Trustee's Acts ............................... 338 8. Money Lenders Act, 1945 ............. 339 9. Myanmar Insolvency Act ................340-357 10. Mussalman Wakf Act ................... 358 11. Arbitration (Protocol and Cocvention) Act ............................. 359 12. Arbitration Act, 1944.......................360-362 PART rv CRIMNAL PROCEDURE CHAPTER XV- Powers and Designations of Magistrates ....................................... 363-368 CHAPTER XVI- Preventive Law .................................. 369-364 CHAPTER XVII- Procedure in General-Conduct of Trials ................................. 395-512 CHAPTER xvni- Extradition- Absconders................ .. 513 CHAPTER XIX- Miscellaneous Cases (Maintenance and Bonds) ....................................... 514-523 CHAPTER XX- Committal Inquiries and Sessions Trials ................................. ............... 524-593 CHAPTER XXI- Evidence and Witnesses .................. 594-639 CHAPTER XXII- Habitual Offenders- Previous Convictions and Acquittals ............. 640-652 CHAPTER XXIII- Judgments- Punishments- Sentences- Classifications of Prisoners ............. 653-742 CHAPTER XXIV- Youthful Offenders .......................... 743-764 CHAPTER XXV- Appeal, Reference and Recision . ....... 765-804 CHAPTER XXVI- Public Prosecutors .. „ 805-811 CHAPTER XXVII- Procedure under Special Enactments - 1. Police Act ......... 812-816 z. Arms Act ........................ ....... 817-819 3 Opium Act .............................. 820-824 4. Railways Act ......................... 825-828 5. Gambling Act .......................... 829-836 ■ • i « PARA 6. Forest Act ................................ 837-840 7. Village Act .............................. 841-843 8. Lunacy Act .............................. 844-859 9. Myanmar Excise Act................ 860-869 10. Inland Steam Vessels Act ....... 870 11. Maintenance Orders EnforcementAct .................... 871 12. Myanmar Merchant Shipping Act .................................. ..โ..... 872-873 13. Myanmar Salt Act ................... 874 14. Factories Act .......................... 875 APPENDICES 1 PAGES I. Rules and Directions under the Myanmar Insolvency Act. 483 II. Rules under the Guardian and Wards Act. 510 III. Forms under the Myanmar Merchant Shipping Act. 516 IV. Instructions for the service of summons in civil cases outside the u nion of Myanmar and for the issue of Letters of Request for examnation of witnesses. 525 V. Notifications under Order XXI, Rule 48 (1), of The Code of Civil Procedure. 533 VI. ว0«ร3&£| Gcooc:or>eo:go63(goG333 ycS 543 VII. oggjas&l aoScOOOgOG3(gOG333«cS 552 n/gj) VIII. ogngssSi {g|ooS£ca>|oogSaocco?> 33cSgOG3c8 |y£ao£ OOgSgt>G3(gOG3 ฮรษCD oo/ng) 569 IX. วิ!?© เรฺรฺรเ a5o:cooc$:poG3fpoG33t? E/e j) 5TO PART L LEGAL PRACTITIONERS AND PETITION WRITERS. THE COURTS MANUAL PARTI. LEGAL PRACTITIONERS AND PETITION WRITERS. CHAPTER L A dvocates and P leaders. 1. The law relating to Advocates of the High Court is con­ tained in the Bar Council Act, and the rules framed thereunder. The law relating to Pleaders is contained in the Legal Practitioners Act, and the rules framed thereunder. Such of the statutory rules, framed under these two Acts, as are of interest to subordinate courts are re­ produced in this Chapter. The only sections of the Legal Practitio­ ners Act which govern Advocates are section 36 and sections 41 to 44 inclusive. 2. Advocates and Pleaders are admitted by the High Court in accordance with rales made under section 9 of the Bar Council Act, and sections 6,7 and ร of the Legal Practitioners Act. 3. Advocates'Admission Rules. ^ * ■ > ร 1 .The following may be admitted as Advocates W h o m a y be of the Court:- admitted. (a)Any person entitled to practise as a Barrister in England who has read in England in the Barristers. Chambers of a practising Barrister of more than five years' standing for at least one year; or has subsequent to his call read Burma in the Chambers of a practising Advocate of more than ten years’ standing for at least one year, or has prior to his call practised as a Pleader of the « _______ ___________________________________________________________ . * Notification No. I (Bar Council), dated die 15th March 1954, as amended by Notification No. 2 (Corrigendum), dated the 28th April 1954. 2 has prior to his call practised as a Pleader of the Higher Grade in Burma for at least three years;and who produces - (i) proof that he has passed either the Special (Law) Higher Standard Examination in Burmese conducted by the Commissioner of Examinations, Burma; or any examination in Burmese accepted by the Advocateship and Pleadership Exami­ nations Board, Burma, as equivalent; or the English High School, or Anglo-Ver­ nacular High School Examination with Burmese as second language; (b) Any Bachelor of Laws of the Yangon University, or Laws L a w graduates graduates ofthe Yangon Alts and Science University, of the Yangon or those who passed the registered Lawyer course or UniVothersand wh° have passed the laws course which theMinister of Education has recognized as suchf (i) a certificate or certificates firom one or more District Judges showing that he has prac­ tised continuously as a Pleader of the Higher Grade in I^irma with good repute for at least 3 years; or proof that after admission as a Higher Grade Pleader he has held Judicial Office for at least 5 yearsfand (ii) proof that he has passed either the Special (Law) Higher Standard Examination in Burmese conducted by the Commissioner of Examinations, Burma; or # State Council Notification No. 34/77 Bar Council Notification No. 1/96 3 any examination in Burmese accepted by the Advocateship and Pleadership Exami­ nations Board, Burma, as equivalent; or the English High School, or Anglo-Ver­ nacular High School Examination with Burmese as second language; (c) Any person who produces - Persons who pass (i) a certificate or certificates from one or more the Advocateship Ex­ District Judges showing that he has prac­ amination. tised continuously as a Pleader of the Higher Grade in Burma with good repute for at least five years; or proof that after admission as a Higher Grade Pleader lie has held a Judicial Office for at least five years; (ii) a certificate signed by the Secretary, Pub­ lic Service Commission, Burma, that he has passed the Advocateship Examination hdd in Burma or produces a certificate signed by the Commissioner of Examinations be­ fore the 11th October 1939; and (iii) proof thai he has passed one of the Exami­ nations in Burmese prescribed in clause (b) (ii) above: Provided that - (1) no Government Servant may include any period dur­ ing which he holds a Higher Grade Pleader's Cer­ tificate while in Government Service in computing the period required by clauses (b) and (c) above un­ less he is holding a Judicial Office. (2) no person, whose name is borne on the Roll of Ad­ vocates of any Court in arty foreign country and who is entitled to practise as an Advocate in any foreign country shall be admitted as an Advocate. (3) notwithstanding anything contained in the aforesaid rules the High Court shall haVe the discretion in any case, with the concurrence of the Bar Council, to relax any of the conditions contained in the above rules. 2. .No woman shall be disqualified for admission as an Ad- Sex no Disqualification, vocate by reason only of her sex. 3. No person, who is not a Citizen of the Union of Burma, Non- Citizen. shall be admitted and enrolled as an Advocate. 4. An application for admission as an Advocate shall be made Mode of Application, by a letter to the D. G of the High Court re­ questing the Judges to admit the applicant. The letter shall be signed by the applicant and shall state - Contents of Letter for (i) his name and residence in full; mi SSIOท. ( jj) his father's name, residence and occupation,