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HC website sequence imitation outs to be supposed – Lower Courts can't ask for approved copies of orders

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

MISC.CIVIL APPLICATION NO. 244 OF 2017

SHITAL KRUSHNA DHAKE

VERSUS

KRUSHNA DAGDU DHAKE

Advocate for Applicant : Shri Kulkarni Suvidh S.
Advocate for Respondent : Shri Narwade Narayan B.

CORAM : RAVINDRA V. GHUGE, J.

Dated: Feb 02, 2018

PER COURT :­

Learned warn for a applicant has voiced an confinement that a sequence of this Court antiquated 20.12.2017 as good as this order, would be accessible on a central website of a Bombay High Court and there is a probability that given it would not be a approved duplicate of a order, a hearing Court might insist on producing a approved copy.

I am of a perspective that this confinement is unnoticed given a imitation out of a orders of this Court from a central website has sanctification and a hearing Courts are approaching to cruise a pronounced orders, if they are cited after holding a imitation out from a central website. The pronounced orders are also accessible before a hearing Court from a central website and there can be a opposite corroboration to find out either such an sequence is indeed uploaded to a central website or not. In this backdrop, there is no mistreat if such a imitation out from a central website is placed before this Court.

It is sensitive by a schooled Advocates that, in several cases before several hearing Courts, a schooled Judges insist on prolongation of a approved duplicate of a sequence and they are not prone to cruise a imitation out of an sequence from a central website of a Bombay High Court, as being a arguable document. As celebrated in a foregoing paragraphs, in a eventuality of any doubt in a mind of a schooled Judge, it can be checked from a central website of a Bombay High Court as to either such an sequence has been uploaded or not? Once a sequence is uploaded on a central website, it is a arguable request to be deliberate by a Court before whom it is cited.

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Since several lawyers in a Court room have addressed this Court on this common issue, a schooled Registrar (Judicial) of this Court is destined to disseminate this sequence to all a schooled Principal District Judges of a District Courts in Maharashtra, so as to pierce this aspect to a notice of all a schooled Judges operative in a legal districts in this state.

This matter shall mount over to 26.2.2018 and a halt service postulated progressing to continue.

The applicant in this record is during autocracy to pierce anapplication for seeking recalling of a ‘No evidence’ sequence upheld by a schooled Civil Judge (S.D.) Newasa in HMP No.12 of 2014, antiquated 4.1.2018 given a pronounced sequence was upheld yet this Court hadpassed an sequence on 20.12.2017.

( RAVINDRA V. GHUGE, J. )

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