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mhelly (propietor)     11 September 2010

how to get copy of court judgement

On !5th aug 2010 my driving  licence was taken away by Mumbai Police at Walkweshwar area for offence of speaking on mobile whist driving. 

 

Next day I went to Tardeo Police station to Pay the fine but was told that for Mobile speaking offence, one has to compusorily attend the court.

So, As per the Police Pauti , On 30th Aud 2010 I attended Girgaum court and appeared before the magistrate . 

 

The hon'ble  judge  announced a  fine of Rs 100 and suspension of my  licence for 7 days . I paid the fine and all I got was a receipt of payment. No where was it mentioned regarding the suspension of 7 days. 

After 7 days I went to Worli Police  station to recover my licence and was told to go to RTO tardeo. When I went there I was refused my licence and told to come after three months.

I request advise on following 

 

1)I dont have anything in writing about my court judgement of suspension of licence for 7 days . How do i get a copy of the judgement stated by the judge ?? . Perhaps if I have a judgement copy in writing  I can approach RTO again to  recover my licence  ??

2) Does RTO have the right to suspend my driving  licence beyond 7 days if the court has given verdict of 7 days only ??

 

I will be much obliged for Any guidance / suggestions in helping me in this matter. 

 



Learning

 24 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 September 2010

The RTO cannot suspend your liscence for more that 7 days if the order of the court is for 7 days only. You take out certified copy of the judgement from the court and make an application to the RTO along with the certified copy.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     11 September 2010

It is not a judgement, it is an orde.  Apply for the certified copy of the order quoting the case No. You will get details in the receipt of penalty issued bys the court.  RTO cannot suspend your license.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     11 September 2010

It is not a judgement, it is an orde.  Apply for the certified copy of the order quoting the case No. You will get details in the receipt of penalty issued bys the court.  RTO cannot suspend your license.

Adesh Kumar Sharma (Senior Associate Lawyer)     11 September 2010

Dear Mhelly,

You need to apply for the certified copy of the order with the registry or filing counter of the court.

Please take a performa / form for certified copy of the order from the stationary shop located in the court and mention the particulars as required therein and submit it with the registry of the court.

Generally a person has to fill up the details like Parties name, Case Number, date of the order which you need and name of the judge who passed the order.

You can take help of the court staff to get the form filled up, where you hav attended the hearing. Surely they can help you out as they know all the procedural requirement or you can take help of any advocate practicing in that court to get certified copy of the said order.

Thanks

1 Like

Adesh Kumar Sharma (Senior Associate Lawyer)     11 September 2010

In reply of suspension of your license for 3 months, I wud say that first you obtain the copy of the order because sometime there may be typographical mistake by the steno of the Judge as the judge pronounced for 7 days and steno by inadvertent mistake may mentioned it 3 months. So the said order may clear this issue.

Once you get the copy of the order then you need to approach the office of the RTO alongwith an application and certified copy of the order praying to issue/release your licence. 

If the the suspension is only for 7 days then and RTO is refusing to issue your licence then submit the application and take the receiving thereof, and don't argue with RTO. What you need to do now you can approach the same court with an application and receipt of submission of your application with RTO office, mentioning that he is refusing to issue your license. Then the court itself wud deal with the RTO. The court may direct the RTO to issue your license or may call him to appear before the court to answer the allegation leveled by you against him.

Thanks

1 Like

mhelly (propietor)     11 September 2010

Many thanks for your very  valuable advise . I am obliged !

mhelly (propietor)     11 September 2010

Dear Advocate  Archanji ji , Rajeev ji and Aadesh Kumar ji

 

I wish to thank  all of  you for your very valuable advise.  It is so nice to see that people in this forum are willing to help ............................and that too  so promptly !!!

 

I will now try to approach the hon'ble Girgaon  court to get a copy of the order, I only hope that it is not a tedious process when one does it personally  !

generally does the court  give the copy of the the same day of applying or do they ask you to come after some number of days. ? 

Regds

Mhelly

Adesh Kumar Sharma (Senior Associate Lawyer)     11 September 2010

Well there some procedural requirement to prepare a certified copy. So you can not get the copy on same day. But generally there are two mode to apply for certified i.e. Ordinary Process and Urgent. You can ask at the counter where you wud submit your certified application that you need the copy of the order as urgent one. Then the registry will take some additional charge for urgent processing of your application. Then you will be given the date on which your certified copy is expected to be prepared. Then you can collect the copy on that day.

Thanks

SANJAY GUPTA (Advocate)     11 September 2010

agreed wd adv rajeev.

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 September 2010

After getting copy of the order of the judicial Magistrate, file a writ petition of MANDAMUS directing the RTO to return the driving licence

1 Like

(Guest)

Email the Court with the postal order [High Court of Delhi at least] of the amount specified by the Registrar. You'll get the certified copy within 5 days [Maximum if the the order has been signed.] by registered A/D. I'm told all High courts follow this.

 

delhihighcourt@nic.in

Supremecourt@nic.in

1 Like

(Guest)

And file a Contempt case against the RTO.

2 Like

mhelly (propietor)     14 September 2010

I am sorry but I dont understand what you mean by postal order of the amount specified by Registrar. 

For your info my  I went before the Traffic court which is 

GIRGAON 4TH FIRST FLOOR, IN FRONT OF HARKISANDAS HOSPITAL PAREKH LANE, MUMBAI- 400 007.

Your suggestion of requesting the court by email brigs about a few more querries .

Is it possible to email this particular court ? How to  find the email id so that it is addresses to the correct person / dept ??How does one know the amount to be paid for a certified order and if one requests over email...and how are the charges paid ??

regds

DR.SANAT KUMAR DASH (Eye Specialist)     17 September 2010

BONNDGAL 2010........PLEASE        CLARIFY........WHETHER      email      can   be    sent       to     the     COURT     with     what      amount    of    POSTAL   ORDER      to   get   the      CERTIFIED   COPY    of   the   JUDGMENT/ ORDER??


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