2018 (2) TMI 2006 - HC - Indian Laws

Production of certified copy of the order - 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 - HELD 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. This matter shall stand over to 26.2.2018 and the interim relief granted earlier to continue.

Summary

Issues:
1. Validity of orders from the official website of the Bombay High Court versus certified copies in trial courts.
2. Reliability of printouts from the official website as evidence in trial courts.
3. Judicial practice regarding acceptance of printouts versus certified copies in trial courts.
4. Direction to circulate the judgment to all Principal District Judges in Maharashtra.
5. Interim relief continuation and liberty to seek recalling of a previous order.

Analysis:

1. The judgment addresses the concern raised by the applicant's counsel regarding the validity of orders from the official website of the Bombay High Court in comparison to certified copies when presented in trial courts. The judge clarifies that printouts from the official website hold sanctity and trial courts should consider them, with the possibility of counter verification to confirm their authenticity.

2. The judge emphasizes that printouts from the official website are reliable documents for trial courts to consider, and any doubt regarding their authenticity can be resolved by checking the official website. This ensures that orders available online are deemed credible and admissible as evidence in court proceedings.

3. The judgment highlights the common issue where trial judges may prefer certified copies over printouts from the official website. The judge directs the Registrar (Judicial) to circulate the order to all Principal District Judges in Maharashtra to inform them about the reliability of orders from the official website and the need to consider them as valid documents in judicial proceedings.

4. The judgment adjourns the matter to a later date while maintaining the interim relief granted previously. Additionally, it grants the applicant the liberty to file an application to recall a previous 'No evidence' order issued by a Civil Judge, allowing for further legal actions based on the court's decision.

In conclusion, the judgment establishes the credibility of orders from the official website of the Bombay High Court, emphasizes their reliability as evidence in trial courts, addresses the judicial practice concerning the acceptance of online printouts, and issues a directive to inform all Principal District Judges in Maharashtra about the same.