Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arup (UNEMPLOYED)     06 June 2011

Under which sec of cpc crpc - certified copies are given

under which sec, cpc / crpc, certified copies are given?

 

will you kindly tell me the section nos of cpc & crpc both, where procedure for certified copy of the plaints judgments,etc given?





in my case, certified copy of the photos not given to me on the ground that these are not original. but these photos are used in the case.

photos are original.

i want the crtified copy of these photographs.

i saw anywhere in cpc / crpc that -  which documents to be given as certified copies.

now when i challenge, judge tell me to show the act.

now i am not able to tracing it.

if some one tell me the sec no, i shall be able to get it.



Learning

 10 Replies

Doveson (advocate)     06 June 2011

certified copies are provided for in the criminal and civil manual of the respective states. if it is a criminal case, you are entitld for the ordinary copies as of right by virtue of sections 207 and 208 of crpc.  in a civil case, you are entitld to get it from the othr side. but for a court to give you a certified copy, that document or photograph has to be first xhibitd by the court which is done after the photographer has been examined and the other relevant witnesses have stated that those photographs are genuine. only once it is proved and exhibited can you get the certified copies and not otherwise. if it is not exhibited, the judge is right.   

2 Like

Arup (UNEMPLOYED)     07 June 2011

thanks mr doveson.

 

sections 207 and 208 of crpc

 

---   these sections deal with the copy of papers given to accused.

my question is little bit diffrent.

under which sec and act certified copies given by the court?

Jamai Of Law (propra)     07 June 2011

This does not come under procedures of civil suit... rather comes under civil manual/operations and administration part.

 

 

On HC website there you may find district -- civil manual/criminal manual, HC operating procedure (which tells right from working hrs of court etc... there you get this info .... Certified copy is an administrative part)

 

 

Judgement/Decree copy is given free of cost.

 

 

But for all other Exh, if you want a certified copy, then you need to ask for those unless you were supposed to be served a copy by the opposite party in a civil suit.

 

 

in criminal case, govt serves all the necessary things to defense and defense also has toa sk for such all copies to know as to "what" the case against the defendent is being based on.

Jamai Of Law (propra)     07 June 2011

Thanks to Adv Doveson.

 

 

In civil cases also ...let's say that ............. your opposite party has filed a xerox copy of a passport and same opposite party also gives (or supposed to give) you a copy of the same...

 

But immediately.... if you ask for a certified copy will you get it? … Not immediately ........ until following steps are done.

 

 

When docs+ index/list is filed by a party .............. the Exh number is given only index/list ...

 

and not until other party furnishes the original for inspection and then retunr the same after comparison etc and makes a prayer that 'those photocopies be given exh number'

 

 

Then and then only it is given an exh numbers....

 

 

And after the exh is given to all those, then only  you may ask for the certified copy!

 

else you will get the certified copy of the index page only!!! and not all those attached doc(xeroxes)

 

But anyways you are supposed to be served with a copy of all such things and you need not go for certified copy...unless it is a supporting affidavit etc....

 

Also copy of supporting affidavit isn't given to other party EVER, which is really surprisingly !!! Doesn't that affidavit etc.. come under 'service of the process'? I am also confused on some things

 

 

Also it does not prove as to contents of the docs adduced as documentary evidence or as proof towards facts in issue...........................

Then at what stage it is treated as evidence? ................ it may become documentary  evidence only when/if it is  lead at the time of 'evidence stage' ......... and party seeks to prove its(those doc's) relevance in party's exam-in-chief....

 

And then and then only it is called a 'documentary evidence' as admitted by court (if found relevant by court as admissible), AND unless opposite party does not challenge 'contents/entries etc in the document'  wrt to its relevancy etc etc to the case.

 

 

1 Like

Doveson (advocate)     07 June 2011

read my answer fully sir!

1 Like

SACHIN AGARWAL (ADVOCATE)     13 June 2011

The provisions of isuance of certified copies are mentioned in the General Rules.

1 Like

Raghav Sood (Lawyer)     08 July 2011

certified copies (execept 207 and 208) are given as per high court rules and orders applicable to the lower courts every state apex has its own rules and orders

pankaj salunke   04 April 2018

I really like the way u answer query.

 

My wife submitted aadhar card as id with her divorc3 petition.

 

I am fighting to get certified of her aadhar card.

And it is now her cross stage.. pl tell me what question i should ask so i can get it exhibited and get copy.

 

Thanks

pankaj salunke   04 April 2018

Sir

 

Pl share pic of that page. 

 

Tr hanks

TGK REDDI   05 April 2018

Whether it's civil court or criminal court, Copy Application is invariably filed under Order 20, Rule 20 of the Civil Procedure Code.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register