CASE STATED FORM No. 1.
APPLICATION FOR STATEMENT OF CASE (Rule II)-(Section 146).
In the District Court of…………………… No………
C.D.
Appellant.
v.
A.B.
Respondent.
Application under section 146 of the Criminal Procedure Law, (Cap. by C.D. of…………, accused (or prosecutor, as the case may be) in the above-numbered proceedings instituted by (or against, as the case may be) A.B. of………… To X.Y., President (or as the case may be) of the above-named Court.
Whereas I, the undersigned a party to the above-described summary criminal proceedings, heard and determined by you on the………… day of…………, 19………, am dissatisfied with your decision therein as being erroneous on a point of law (or as being in excess of your jurisdiction or powers):
Now, therefore, I apply to you to state and sign a case setting forth the facts and grounds of such decision, for the opinion of the Supreme Court. The points of law which I should like to raise are-
(set out points of law)
(Add, if desired: I wish to have a certificate of refusal if you refuse to state a case).
Dated…………
(Singed) C.D.
CASE STATED FORM No. 2.
CASE STATED (RULE 12)-(Section 146).
In the Supreme Court.
C.D.
Appellant,
v.
A.B.
Respondent.
Statement of case by X.Y., President (or as the case may be) of the District Court of………… relative to his decision on the………… day of…………, 19………, in summary criminal proceedings instituted by A.B. of…………………… against C.D. of………… (No…………), an application for such case having been made on the………… day of…………, 19………
1. The charge was as follows: (set out charge)
2. The case was determined as follows: (set out result of trial)
Case.
3. The facts found by me were: (set out facts so far as may be necessary to raise any point of law involved).
4.-(a) It was thereupon contended on the part of the applicant that:
(set out legal objections taken).
(b) In support of these objections my attention was directed to: (set out authorities cited on applicant’s behalf).
5.-(a) On behalf of the respondent it was contended that: (set out the contentions).
(b) My attention was directed to: (set out authorities cited on respondent’s behalf.)
Opinion.
6. I, being of opinion that: (state the ground on which the case was decided), held that : (state the decision).
Question.
7. The question upon which the opinion of the Supreme Court is desired is whether, upon the above statement of facts, I came to a correct determination and decision in point of law, and if not, the Supreme Court is respectfully requested to set aside or amend my determination, or remit the matter to me with the opinion of the Supreme Court thereon, or make any other order under the provisions of sub-section (6) of section 146 of the Criminal Procedure Law (Cap. 14).
Dated…………
(Signed) X.Y.
CASE STATED FORM No. 3.
JUDGE’S CERTIFICATE OF REFUSAL TO STATE A CASE (RULE 12)-(Section 146).
In the District Court of………………………………
No……………………
C.D.
Appellant,
v.
A.B.
Respondent.
Certificate of refusal under section 146 (2) of the Criminal Procedure Law (Cap. 14).
Whereas C.D. being dissatisfied with my decision in the above numbered proceedings instituted by (or against, as the case may be) A.B. of………… as being erroneous on a point of law (or as being in excess of my jurisdiction or powers), has applied to me, pursuant to sub-section (i) of section 146 of the Criminal Procedure Law (Cap. 14) to state and sign a case setting forth the facts and grounds of such decision for the opinion of the Supreme Court; but I being of opinion that the application of the said C.D. is frivolous, have refused to state such case, of which refusal the said C.D. has requested me to sign and deliver to him a certificate:
Now, therefore, pursuant to sub-section (2) of section 146 of the above- mentioned Law, I do hereby certify that I am of opinion that the application of the said C.D. as aforesaid is frivolous, and I have refused to state a case accordingly for the opinion of the said Court.
Dated the………… day of……………………, 19………
(Signed) Judge.
CASE STATED FORM No. 4.
NOTICE TO THE RESPONDENT (RULE 17)-(Section 146).
In the Supreme Court.
C.D.
Appellant,
v.
A.B.
Respondent.
To A.B. of………………………………
Take notice that I, the undersigned C.D., of…………………… a party to the summary criminal proceedings A.B. v. C.D., before the District Court of…………………… (No…………), have applied for and obtained a statement of a case for the opinion of the Supreme Court, a copy of which is annexed hereto.
Dated…………
(Signed)C.D.