right to procure certified copies of documents on record
Guest
(Querist) 04 February 2011
This query is : Resolved
a case was decided negatively by high court relying upon some documents handed over by respondents.
On inspection of file and applying for certified copies, no such document was found on record of the case file.
1.Can we file an application for clarification of the judgement as what is the source of facts, if the documents were not a part of judicial record ?
2.Can we move an application before the judge to direct the respondents to place the same documents on record of the case, so that we can get the certified copies of same?
3.Which section of law gives us right to ask this kind of relief ?
Kirti Kar Tripathi
(Expert) 05 February 2011
In which petition/case it it was filed ?, I think, it were shown by the respondent during the course in argument to the Court in the writ petition and after perusing the same was returned as such court took the cognizance of it and it was nor formed the part of case. In writ petition, it is discretionary powers of the Court. However, if it is other proceedings, you can asked for the same.
Guest
(Querist) 05 February 2011
the whole judgment was founded over these documents and the facts pertaining to these documents are clearly reflected in the judgment.
Now the question of law is that if the documents are not a part of case than how can court rely upon the same in deciding the case, while it is settled law that only documents on record can be perused/cognized by the court?
Please dont take otherwise:-
I ask to all experts whether discretionary powers of a writ court can nullify the code of procedure or we are still living in ancient india, where the kings used to decide the disputes as per their mirth ?
Advocate. Arunagiri
(Expert) 05 February 2011
You can raise all these points in the appeal. If there is no such a documents, you have chance of succeeding in appeal.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 February 2011
