How do I obtain a certified copy of a court judgment or order? What is the procedure under CPC for obtaining copies? Can you provide the relevant legal sections and landmark case laws on this?

Detailed Legal Analysis

To obtain a certified copy of a court judgment or order in Bhiwandi, one must follow the procedure outlined in the Code of Civil Procedure, 1908 (CPC), particularly under Order 41 Rule 1 and Order 47 Rule 1.

Here are the steps to follow for obtaining certified copies:

• Visit the Court: Go to the court where the judgment or order was passed.
• Obtain the Application Form: Request the application form specifically for obtaining certified copies of judgments or orders. This is usually available at the court's copy section.
• Fill Out the Form: Complete the application form with required details such as the case number, names of parties involved, and the date of the judgment or order.
• Attach Necessary Documents: Include any relevant documents that might support your request, such as identification proof and any prior documents related to the case.
• Pay the Fees: Submit the application along with the prescribed fee for obtaining the certified copy. The fee varies based on the type of document and the court.
• Receive Acknowledgment: Upon submission, you will receive an acknowledgment receipt. Keep it as proof of your application.
• Collect the Certified Copy: After the processing period, return to the court to collect the certified copy of the judgment or order. You may need to present the acknowledgment receipt.

It is important to note the following legal provisions concerning certified copies:

• Code of Civil Procedure, 1908:
  • Order 41, Rule 1: Pertains to appeals and the necessity of certified copies in appeals.
  • Order 47, Rule 1: Discusses the application for review, which may also require certified copies of the original judgment.
• Indian Evidence Act, 1872:
  • Section 76: States that certified copies of public documents are admissible as evidence.

Landmark case laws relevant to obtaining certified copies include:

• State of U.P. vs. Raj Narain (1975): Emphasizes the right to access information and the importance of transparency in judicial proceedings.
• Raja Ram Jaiswal vs. State of Bihar (1979): Highlights the necessity of certified copies for a fair trial and appeal process.

Following these steps and understanding the relevant legal provisions will facilitate the process of obtaining a certified copy of a court judgment or order in Bhiwandi.