Showing posts with label print out. Show all posts
Showing posts with label print out. Show all posts

Sunday, 11 November 2018

Whether print out of order taken from official website of high court is admissible in evidence?

 It is indeed unfortunate that the office of the Court below refused to accept the copy of the judgment and order dated 4.9.2017 passed by this Court, which was downloaded and obtained from the official website of this Court to permit the applicant/appellant to deposit the amount of costs in terms of the said judgment and order. The insistence on an official copy of the order of this Court was absolutely uncalled for and the applicant/appellant ought to have been permitted to deposit costs on the basis of the copy of the judgment and order obtained from the official website of this Court. In fact, in a recent order dated 2.2.2018 passed by this Court at Aurangabad in Misc.Civil Application No. 244 of 2017 (Shital Krushna Dhake v. Krushna Dagdu Dhake), in the context of refusal of Courts in accepting copies of orders obtained from the official website of this Court, it has been held as follows:-

1. I am of the view that this apprehension is misplaced since the print out of the orders of this Court from the official website has sanctity and the trial Courts are expected to consider the said orders, if they are cited after taking a print out from the official website. The said orders are also available before the trial Court from the official website and there can be a counter verification to find out whether such an order is actually uploaded to the official website or not. In this backdrop, there is no harm if such a print out from the official website is placed before this Court.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Civil Application No. 411 of 2018 in Second Appeal No. 157 of 2017

Decided On: 19.03.2018

 Ibrahim Sk. Rasool Vs. Mohommad Zahir Mohammad Sharif and Ors.

Hon'ble Judges/Coram:
Manish Pitale, J.

Citation: 2018(5) MHLJ 455
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Sunday, 11 February 2018

Whether trial court should rely on print out of order uploaded on official website of high court?

 Learned   counsel   for   the   applicant   has   expressed   an
apprehension that the order of this Court dated 20.12.2017 as well
as   this   order,   would   be   available   on   the   official   website   of   the
Bombay High Court and there is a possibility that since it would not
be a certified copy of the order, the trial Court may insist upon
producing a certified copy. 
2. I am of the view that this apprehension is misplaced since the
print out of the orders of this Court from the official website has
sanctity and the trial Courts are expected to consider the said orders,
if they are cited after taking a print out from the official website.
The said orders are also available before the trial Court from the
official website and there can be a counter verification to find out

whether such an order is actually uploaded to the official website or
not. In this backdrop, there is no harm if such a print out from the
official website is placed before this Court.
3. It is informed by the learned Advocates that, in several cases
before various trial Courts, the learned Judges insist on production
of   the   certified   copy   of   the   order   and   they   are   not   inclined   to
consider the print out of an order from the official website of the
Bombay High Court, as being a reliable document. As observed in
the foregoing paragraphs, in the event of any doubt in the mind of
the learned Judge, it can be checked from the official website of the
Bombay High Court as to whether such an order has been uploaded
or not? Once the order is uploaded on the official website, it is a
reliable document to be considered by the Court before whom it is
cited.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
MISC.CIVIL APPLICATION NO. 244 OF 2017

SHITAL KRUSHNA DHAKE  V KRUSHNA DAGDU DHAKE 

CORAM : RAVINDRA V. GHUGE, J.
Dated: February 02, 2018
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