• Application to high court without certified copies of lower court

Can we go to High court with out certified copy of the lower court order disposal if the court is delaying in giving the same due reasons informed that the corrections are to be done and so on, with online disposal gist documents downloaded from the internet without further delay due short timeline mentioned in the gist and how proceed further. Please advice the procedure to take delay further may harm us or impact personally.
Asked 2 years ago in Civil Law from Bidar, Karnataka

Sir you cannot go high court if still order not signed and corrected by the lower court Judge.

Online status of disposal doesnot mean much as date on which order signed by lower court Judge is deemed date.

Since high court can dispense with certified copies but a copy of order is atleast required to be place with your petition in high court.

Donot worry if timeline is missed also and delay is there due to non availability of certified copy the high court shall.condone same.

Om certified copies date of application and date you recipt certified copy both are mention so you donot need to worry.

Shubham Jhajharia
Advocate, Ahmedabad
23447 Answers
94 Consultations

5.0 on 5.0

If corrections are to be done in the order you cannot file any appeal against the order

Apply for certified copy of order

Wait for receipt of certified copy and then only file appeal against impugned order

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

Hi, you should file a appeal within limitation , irrespective of the order till being passed ...

Hemant Chaudhary
Advocate, Gurgaon
4336 Answers
34 Consultations

4.9 on 5.0

No sir but you can try two options . First is to approach high court registry and ask them to exempt certified copy and file the petition which may be mandatory under high court rules and also under section 76 of evidence act. Second is you can directly mention before the concerned judge where the subject matter is placed . Hon’now judge has powers to exempt the same of urgency is duly explained.

Nimit Shukla
Advocate, Ahmedabad
3 Answers

4.0 on 5.0

Dear Sir,

The date of delivery of certified copy to you will counted for limitation. You might not be knowing that in High Court judgments not coming out for over a period of 12 months. It is the system. We must go with the system and to suffer. Since it seems to be a sub-ordinate court you may lodge your complaint with the Registrar of Vigilance, High Court of Karnataka. Try. However the law is as follows:

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The CHECK IS AS PROVIDED ON HIGH COURT OF KARNATAKA IS AS FOLLOWS:

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Information to Advocates with regard to

Points that would be Verified during

scrutiny of Civil Appeals and Petitions.

Regarding Format:

I Is the presentation duly authorized.

a) Whether the presentation form, appeal memo, vakalath, IAs,

affidavit and other necessary papers are duly signed and dated

by the counsel and/or the party?

(As per Chapter-VI)

b) Whether appeal and IAs are continuously paginated stitched

and accordingly indexed and papers are arranged in correct

order? (As per memo No.R(J) 48/12 dt.26.11.2012).

II Is the appeal OR petition competent and

maintainable:

a) Whether the appeal is maintainable as per required

provision?

b) Whether appeal is maintainable in view of Sec.19(1)

Karnataka Civil Court Act?

(RFA, MFA-CPC & LAC matters)

2

c) In case of MVC Cases, whether appeal is maintainable in

view of Sec.173(1) of MV Act and whether statutory deposit is

made?

d) In case of WC cases, whether receipt for having deposited

the award amount is furnished in view of Sec.30(1) of W.C. Act

(Owner or Insurance Company)

e) In case of RSA, WC, ESI, Tax Matters, whether

substantial question of law has been raised as per required

provision.

III Is the appeal OR petition presented in time,

Whether appeal/ petition is presented in time?

a) If not, whether IA for CD with full cause title is filed and

number of days delay has been mentioned? (Chapter-III Rule

18(3) of Civil Rules of Practice, circular dated:07.02.1996

GCE-729/94.)

b) In case of MFA.Crob files, date of service of notice to be

stated to verify limitation.

3

IV Regarding Synopsis

a) Whether Synopsis is filed as per chapter VI Rule 4(A) of

Karnataka High Court Rules?

b) In case of MVC cases, whether following particulars are

furnished as per format? (Circular No.HCE 1331/2000

dt.15.12.2006 of High Court.)

- Date of Accident

- Age of injured/appellant/deceased at the time of

accident

- Vehicle No. involved in accident.

- Nature of injury

- Percentage of disability

- Amount awarded under various heads.

V Regarding Cause Title and Memorandum of

Appeal: (as per Chapter VI Rule (2) of High Court

Rules)

a) Whether provision under which the appeal/petition filed is

mentioned in cause title?

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b) Whether Trial court details regarding case No., date and

name of the Lower court along with individual specific ranking

with respect to all lower courts are mentioned?

( Chapter-VI Rule 2(1) & 3 of Karnataka High Court Rules.)

c) Whether parties name, age, address with pin-code tally

with those in the trial court order which is under challenge?

( Notification No.HCF 157/03 dt.10.02.2003.)

d) Whether address for service Para with local address of

counsels for appellant is mentioned?

(Chapter-VI Rule-3 of Karnataka High Court Rules.)

e) Whether particulars of the impugned Judgment/Order with

trial court details is mentioned immediately after paragraph

regarding service of Respondents?

f) Whether all the parties before trial court are made party to

the appeal (if not, necessary IA to be filed.)

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g) Whether grounds of appeal/petition in detail is mentioned?

(Chapter-VI Rule 2(6) of Karnataka High Court Rules.)

h) Whether paragraph pertaining to limitation is mentioned?

i) Whether particulars with prayer containing the details of

trial court case/impugned Judgment/Order is mentioned?

VI Regarding Valuation :

a) Whether court fee paid is sufficient or not?

b) Whether court fee receipt is furnished?

c) Whether detailed valuation as per Karnataka Court Fee and

Suit Valuation Act is stated.( As per Chapter-VI Rule -2(7) of

Karnataka High Court Rules)

d) Whether value of appeal in view of Sec.5(1) of Karnataka

High Court Act is mentioned and if value exceeds 15 lakhs

whether second set is filed?

e) With respect to LAC cases, whether valuation is stated and

court fee is paid as per Sec.48 of Karnataka Court fees and

Suits Valuation Act and Sec.23(1) of Land Acquisition Act ?

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VII Regarding enclosures:

a) Whether Certified Copy of judgment, decree, valuation

slip and/or impugned order challenged in appeal/petition is

filed? (Chapter-XII Rule 2 of High Court Rules.)

b) Whether typed copies are filed if certified copies are in

manuscript/not legible?

(Chapter-XII – Rule 2 of Karnataka High Court Rules.)

c) Whether all true copies are attested?

VIII Regarding Vakalath:

a) Whether vakalath is duly filled up, dated and signed?

(Chapter-V Rule-9(1)(3).)

b) Whether executant’s signature is identified by the

counsel? (Circular No.HCE94/01 dt.19.12.2005.)

c) Whether counsel name along with enrollment No. is

stated below the signature?

(Chapter-V Rule -9(2).)

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d) Whether petitioner/appellant’s name stated below

signature and whether executant signature is correctly

ranked?

(Circular No.HCE 94/2001 dt.19.12.2005.)

e) Whether GPA holder and natural guardian details

mentioned below signature?

(Circular No.HCE 94/2001 dt.19.12.2005.)

f) Whether GPA copy filed if appellant/petitioner is

represented by GPA holder? (Circular No.HCE 94/2001

dt.19.12.2005.)

g) Whether seal of the Company/Firm/Trust etc., is affixed

below signature in cases pertaining to Company/Trust cases?

(Circular No.HCE 94/01 dt.19.12.2005.)

h) Whether advocate’s welfare stamp of Rs.10 is affixed?

(Court order LAW LCL-05 dt.02.06.2007 (Circular No.LCA-III

GO/72/07.)

IX Regarding Interlocutory Application:

a) Whether IAs a/w supporting affidavit are filed ?

( Chapter –III Rule 18 of Karnataka Civil Rule of Practice)

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b) Whether Temporary Injunction Application is accompanied

with detailed schedule? (Order 39 Rule 1 & 2 of CPC.)

c) All documents accompanying the appeal memo should be

the one furnished before the trial court. If not, IA to be filed

under Order 41 Rule 27 of the CPC., for producing the

additional documents.

d) Whether Additional documents filed a/w IA’s are attested by

competent authority?

(Chapter-XI Rule 9 of High Court Rules.)

e) Whether advocate’s welfare stamp is affixed?

(Rs.5)Circular No.LCA III GO/72/07 dt.11.07.2007.)

f) Whether affidavit’s of IAs are sworn to before the competent

authority containing serial No. of attestation of affidavit under

proper seal and signature?

(Chapter-3 Rule-18 of Civil Rules of Practice.)

g) Whether IAs are stitched separately to main

appeal/petition?

( Chapter-III Rule 23 of Civil Rules of Practice.)

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X Other points:

a) In case of Revision petitions: whether details regarding

pending legal proceedings are stated?

b) Whether acknowledgment is produced for having served

copy to Caveator/Respondent?

c) Whether genealogical tree is furnished in cases arising

out of partition suits ?

(As per court order in RSA 3164/07 dt.28.03.2008.)

d) Whether 2nd set filed in case of FC, MC and G & WC

cases?

e) Whether necessary application along with Death

Certificate is filed when LRs want to come on record?

(Order 22 Rule 9 of CPC.)

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SALES TAX REVISION PETITION & SALES TAX APPEAL

In addition to the regular Form No.14 in Civil

Matters:

1. Whether the petition/appeal is filed as per required

provision and required forms?

2. Whether substantial question of law and findings of

Tribunal stated in the memorandum of appeal/petition?

3. Whether the matter is filed in time from the date of

communication?

4. Whether the Certified Copy of impugned order and

communication certificate is furnished?

5. Whether neat certified copy/Xerox copy of required JCCT

order and DCCT (A.D) (OR) penalty order are filed?

6. Whether necessary court fee is paid?

Kishan Dutt Kalaskar
Advocate, Bangalore
5008 Answers
158 Consultations

5.0 on 5.0

You so try doing so, by way of moving an exemption application.

However, the discretion rests with the High Court Registry as to whether or not it will accept the memo of your case without the certified copy of the lower court order.

Vibhanshu Srivastava
Advocate, New Delhi
8755 Answers
152 Consultations

5.0 on 5.0

1) No it will not harm you as the court is delaying to give order and on order the date and stamp is mentioned, so it will be treated from that day.

Ganesh Kadam
Advocate, Pune
9303 Answers
77 Consultations

4.9 on 5.0

1.Have you applied for the certified copy by filling up the form?

2. Has any date been mentioned for delivering the said certified copy in your receipt issued as a token of having received the application from you?

3. You can file the Writ Petition by submitting the receipt of the application form praying for the certified copy of the impugned order with an undertaking to submit the same on receipt from the Court below.

4. In most of the W.P/s filed before the Calcutta High Court, such receipts of applications for obtaining certified copies are annexed with the petitions which are admitted regularly.

Krishna Kishore Ganguly
Advocate, Kolkata
23702 Answers
649 Consultations

5.0 on 5.0

Yes, you can very well go there, and state the same in the petition.

Later on you can ask for a date as per the time limit in which you might get those documents in fact High Court May also order for the for its speedy approval.

Sanjay Baniwal
Advocate, South Delhi
5043 Answers
11 Consultations

5.0 on 5.0

If you are desirous of preferring an appeal against the lower court judgment, then you have no option than to file the certified copy of the judgment by the trial court.

Since the delay is on the part of the court to furnish the certified copies, you do not hav to be worried about the limitation saspect for filing an appeal before high court.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

In order to circumvent the appeal period, you may proceed to file the appeal along with the photocopies or judgement downloaded from the internet. Once you obtain the certified true copies the same may be replaced with the photocopies. This way the appeal will be accepted as filed within time.

Infact in appeal matters before the High Court, you need not wait to obtain the decree, the judgement itself would be more than sufficient to file the appeal.

Kiran N. Murthy
Advocate, Bangalore
1259 Answers
178 Consultations

5.0 on 5.0

yes . you can.. by just adding to the averment that " the petitioner craves leave to refer and rely upon the documents as and when produced.

Aameer Kale
Advocate, Greater Mumbai
7 Answers

4.0 on 5.0

Dear Client,

Appeal is maintainable, if copy is not provided by lower in case of urgency of stay.

Otherwise, Limitation for filling appeal with start when the certificate will be provided by Lower Court and kept pending/delayed by its instance only and not cause of u.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

Yes you can file the case on the undertaking that you will produce the same when you will receive it from Court.

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

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