I want to buy a land in Kolkata. The present seller purchased the land on the basis of Honb'le Supreme Court orders (Record of Proceedings). Copies of the orders (Record of Proceedings) have been given to me by the seller. I searched the orders in the Hon'ble Supreme Court website : https://www.sci.gov.in. In the website I found the civil case and its daily orders (Record of Proceedings). But there were no order (Record of Proceedings) on the dates mentioned in the copies of the order given to me by the seller or its nearby dates. My question is: 1) How can I find the orders (Record of Proceedings) to check its truthfulness?
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hello
the daily orders passed by the SC are uploaded on the website. if they are not, you will have to engage a lawyer who can get you the certified copies of the orders and the final judgment in that case so that you may be sure such orders were in fact passed.
regards
Please provide the details of the orders provided to you. I shall forward you the link to the orders.
ask the seller to give you authenticated or certified copy of the order which he is relying on and on strength of which he says that the property can be sold
seller can obtain the authenticated or certified copy of the order from the Supreme Court department
Please be sure in the Hon'ble Supreme Court all the orders are on net, as soon as, Hon'ble bench passes the order that automatically comes on the internet, if the order is not on the net you have to see the record of the case in the SC through a competent representative.
Check whether seller has given you certified copy of SC order
2) if you have certifiedcopy of court order which bears the seal of court you can go ahead and purchase the property
Since the query is related to purchase of a property it is advisable and prudent to show your papers to an advocate. An advocate only after checking the papers in person can comment on clear title of the property.
If the order was indeed passed by the supreme court then the website must show the same.
Get in personal touch with an advocate and show him papers.
1. You should wait for the final order to be passed and not daily orders before you take the decision to buy the property.
2. The most reliable source for availing the Supreme Court decision is supreme Court itself from where you shall not be able to get the certified copy of the said orders.
3. So, ask the seller himself to produce the certified copy of the concerned orders if you decide to buy the property based on daily order of the Supreme Court.
You should not blindly accept whatever document submitted by the seller as granted.
You should always refer the same before a lawyer who is an expert in this field and obtrain his opinion before concluding anything on it.
go to the court and make an application for certified copy of the judgment in the administrative section. You can ask for anything else (applications/ plaints/ written statements / petitions etc.) in the same manner.
All that is submitted to the court is a matter of public record and is accessible easily.
When applying for certified copies you will have to pay the requisite nominal fee which can be anywhere between Rs. 50/- to Rs.200/- (approximately) depending upon the number of pages you need.
Firslty, Sir, if there has been litigation going on the any disputed property then the inquiry must be from all ends.
Secondly, the daily orders even if they happen to show any relief over the land then it doesn’t mean that the land has been free from incumbberrance.
Thirdly, it may be the temporary relief as final conclusion would come under the judgement of the case at the end of it.
Fourthly, though you can get all details from the Supreme Court website on the basis of the case number.
I am residing at a distance about 1500 km from New delhi.So it is very difficult to get certified copy of the order from Hon'ble Supreme Court personally. Is there any way to get the order by post or mail etc or any professional who can collect the order and send it to me by post and/ mail ? Please give contacts.
You can contact any advocate of this forum who practice in supreme court or in Delhi to help you in this regard on their terms.
you can contact any S.C lawyer through this website may be he can help you.
hello
the certified copy of the order can be provided in order to facilitate your transaction. kindly provide the judgment and other relevant documents.
regards
It is seller responsibility to obtain certified copy of SC order . He can get it fine through his lawyer who appeared in the case
Then only proceed with purchase of land
Yes, you may contact any advocate who is working in SC on phone and ask him with the details of the case,payment may be made to him by Pay TM.
1. You have to apply for the certified copies of the orders. This is the only way. You must apply for the certified copy of the complete judicial file of the said case.
2. The copies can be applied through a lawyer practising in the Supreme Court. You are not required to go to SC personally.
Hi,
Almost all the orders are uploaded on the website and you may check it.
1. As stated in my earlier post, you shall have to ask the seller to post you the certified copy of the said orders for your proceeding further.
2. You can not directly collect certified copy of the said Order from the Supreme court since you are not a party to the said case.
3. Since no final order has yet been issued, the said orders in connection with proceeding of he case will not be published in any Law Journal.
You may find the same online only, all the orders are uploaded online by the court
You may engage some lawyer who may get the certified copies of the orders for you