Certified copy

PARTHA SARKAR (Querist) 13 January 2013 This query is : Resolved
Whether a certified copy is public documents? Can any person obtain certified copy legally by his/her name not being a party of that particular proceeding.

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ajay sethi (Expert) 13 January 2013
no only parties to proceedings can apply for certified copy of order .

Raj Kumar Makkad (Expert) 13 January 2013
Section 76, Evidence Act defines certified copies of public documents as follows: "Every Public officer having the custody of a public document which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal and such copies so certified shall be called certified copies."

Section 77, Evidence Act lays down that: "Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies."

Section 79, Evidence Act lays down that the Court shall presume every document purporting to be a certified copy duly certified by the officer authorized in that behalf to be genuine. The effect of this provision of law would be that once a certified copy of the judgment is produced in Court, it would have to be presumed as genuine and would prove itself. No further proof of its genuineness would be needed as the certificate appended to it -would in law itself constitute a sufficient guarantee of its correctness as a copy.

R.K Nanda (Expert) 13 January 2013
agree with expert Sethi.

Raja (Expert) 13 January 2013
Certified copies are being provided under the rules incorporated in Chapter 5, Volume V, Delhi High Court Rules and Orders.One can obtain certified copy of a judgment by making an application in this regard under the above rules provided he is a party to the pending procedings. In a decided case anybody can apply for obtaining certified copy. At present two types of certified copies are being provided to litigant public.
(i) Digital Copy: The digital copy is provided to the applicant through digital data available in the server which is firstly uploaded by the concerned Private Secretary after signature of the Hon’ble Judge and of the Registrar/ Joint Registrars, as the case may be.
(ii) Manual Copy: The Manual certified copy is provided after the judgment Photocopied and compared with the original case file.

Raja (Expert) 13 January 2013
To obtain certified copy, similar rules are available in all Courts

Raj Kumar Makkad (Expert) 14 January 2013
The query of Partha was to know about the decided cases and I am of the firm view that any person even if he is not associated with the case, can also obtain the certified copies of that case after its decision.