Chapter XXI. Copies and translations. Certified copies

Transcription

1 Chapter XXI Copies and translations Certified copies 1. Parties to any proceeding may, on application with the prescribed court fee made to the Court having the custody of the record, obtain certified copies of any judgment, order, deposition, memorandum of evidence, or any other documents filed in the said proceeding. The application may be made by the party himself or by his recognized agent or by his Pleader or Advocate and may also be sent by post. The application shall state whether the copy applied for is required for private use or otherwise. Where a party applies for a certified copy by post other than registered post, the date of its receipt by the office of the Court would be the date of the presentation of the application. Whenever such application is made by registered post, the same shall be prepaid for acknowledgment and the date of posting of the letter would be the date of presentation of the application to the Court. 2. Applications for copies by parties other than parties to the proceeding shall be supported by an affidavit stating the purpose for which the copies are sought. 3. On receipt of an application, the Office shall immediately scrutinize the application with a view to ascertaining the correct number of the proceeding, names of the parties, description of the document, copy of which is applied for, and whether the document is available for copying. 4. The Office shall estimate the costs of the copies before the copying work is undertaken. The estimate should, as far as possible, cover all probable costs of the copies including the postage, if the copies are required to be sent through the agency of post. 5. The applicant shall be called upon to deposit the estimated costs of the copies applied for, and make up other deficiencies then and there only, if his presence is available in the office. In other cases, the orders of the Presiding Officer shall be obtained requiring the applicant to comply with the necessary requirements before the copying work is taken in hand.

2 6. when the description of the document given in the application is incorrect or deficient, and it is, in consequence, necessary for the record Keeper to search his records in order to find it, a fee at the rate of one rupee for each year of which the records are searched, shall be payable by the applicant for such search, whether the document be found or not,and whether the copy of which he applies, on examination of the said document, be granted or not. 7. As soon as the Office find that the application is complete in all respects, it shall be placed before the Presiding Officer who may either grant the application, or refuse it for reasons to be recorded thereon, or pass such other orders as he may deem just. 8 Copies shall be furnished within 10 days of the application, if the application is complete, on the day on which it is presented, unless further delay is unavoidable, in which case the cause of delay shall be endorsed on the copy. In other cases, the period of 10 days shall be computed from the date on which the application is granted. 9 All copies shall be dated, subscribed and sealed in the manner prescribed by section 76 of the Evidence Act. 10 All copies should be correct and typed or written in a clear hand, with good ink, on substantial paper and on the outer three quarters margin only of sheets of foolscap papers, the inner one quarter margin of every sheet being left blank. Fees 11. (1) Inclusive of a surcharge of 25 per cent in a Magistrates and Sessions Court, the certified copies shall be charged at the following rates : A flat rate of Rs per page for ordinary copy and Rs per page for urgent copy shall be charged per page or per manuscript page of certified copy inclusive of copying, comparing and paper costs (irrespective of whether the document be in English or in any native language). (2) In case of a copy of a map or plan, the charges for copying, comparing and paper costs shall not be less than Rs. 5 and shall not exceed Rs. 25 as the Presiding Officer may determine. (3) No fee shall be charged for any copy which the person applying for is entitled

3 to receive gratis or when such copy is applied for by, (i) the District Legal Aid and Advice Committee, (ii) the High Court Legal Committee, or (iii) the Supreme Court Legal Aid Committee, for giving the free legal aid to the indigent persons. (4) (i) Certified copy prepared on Photocopying Machines shall be charged at the rate of Rs per page. (ii) Urgent certified copy prepared on Photocopying Machines shall be charged at the rate of Rs per page. (iii) Charges for certified copies prepared on Photocopying Machines shall be at the same rates as specified above whether document be in English or in any native language. (iv) In case of comparison and certification of private copies prepared on private Phtocopying Machine, the charge shall be Rs per page. (v) The court fee stamp of 50 ps. And Re. 1 shall be affixed onapplicatons for Certified copies for issue of ordinary and urgent copies respectively. 12. On extra payment of (a) A court fee stamp of 50 paise upon the application, and (b) Half the fees ordinarily charges as prescribed in paragraph 11 above, copies shall be furnished, if possible, within 24 hours, and any case, within 48 hours,provided that the document of which the copy is sought is in existence and among the records of the Court to which the application is made. In computing the above periods of 24 hours and 48 hours, every Sunday and Holiday on which the Court is closed shall be excluded. ( c ) If a copy cannot be supplied to the applicant within 48 hours as provided, the application on extra payment of charges may either be treated as cancelled or as an ordinary one, at the option of the applicant, who may be called upon to state accordingly in his application. 13. Where different persons apply each for single copy of the same document, each should be supplied, at full rate with an original,not a carbon copy. But if one person

4 applies for more than one copy, he shall, on request be given carbon copies ( in addition to the original copy at the full rate) up to a maximum of five, and should be charges 1/4 th of the fee prescribed in paragraph11 above with a minimum of 15 p.and 10 p.respectively per copy. The paper charges shall be the same for both carbon and original copies. 14 The following endorsement shall be made on every copy of the document: The date on which the copy was applied for; The date on which the application was granted; The date (when the date once given is subsequently changed, the last of such changed dates) given to the applicant for taking delivery of the copy. The date on which it was ready for delivery. The date on which it was delivered/posted; To prevent unauthorized alterations being made the date should be written in letters in distinct hand writing and the endorsement should be signed by some authorized Officer of the Court on the date on which it was made. 15. Simple copies of any documents on the record of a proceeding may be certified as true copies upon an application made in that behalf: Provided that the copies sought to be certified are typed neatly and on good paper, and otherwise, in conformity with the instructions laid down in paragraph 10 above; and Provided further that the applicant pays the fees herein prescribed for regular certified copies. 16 Court fee should be recovered at the time of furnishing copies and not when the copies are filed in Courts. Under Articles 24, 25 and 27 of Schedule II of the Bombay Court fees act, XXXVI of 1059, fees are leviable in respect of copies of the documents specified therein except in cases where government has, by a notification under section 46 of the aforesaid act, exempted any document or class of documents from payment of Court fees. Under Clause (7) of Government Notification, Revenue Department, No.590, dated the 16 th September, 1921, Court fees are remitted, in case copies are required for private use by person applying for them. Before the aforesaid copies of documents are furnished to the parties concerned, a statement should be obtained from them as to whether the copies are required for private use or otherwise; and if the parties state that the copies are required for their private use, then in accordance with the exemption granted by government, no Court fee should be levied on such copies. In case the afore said copies are produced later on in any Court,

5 then Court fee as required under the foregoing provisions should be levied before they are received. 17. In case the estimated deposit falls short of the charges which would have to be recovered in respect of the copies,the balance shall be recovered from the parties or lawyers concerned before the copies are delivered personally to them. In case of applicants applying for such copies by post, or where the copies are required to be sent through the agency of the post, such balance may be recovered by sending copies though the agency of value payable post. Note A value payable parcel can only be sent for transmission to a Post Office which is also a money order Office and the amount to be recovered must not be less than 25 p.and must not contain a fraction of paisa. 18. (1) Notwithstanding anything contained in the foregoing paragraph, where notes of evidence are taken down on a typewriter to the dictation of the presiding officer, ordinary copies of such notes of evidence be supplied on request to the parties or their Advocates, subject to the following conditions, viz : i) they give an intimation in writing to the Court in that behalf before recording of the evidence commences; ii) they supply the stationery required for the purpose ; and iii) they also pay charges for the same at the following rates : In all the Criminal Courts including In the Sessions Court for Greater Bombay the Sessions Court. And in the Metropolitan Magistrates Courts, Bombay When only one party applies When more parties than one apply, to be shared equally by all. When only one party applies When more parties than one apply, to be shared equally by all.

6 10 paise per folio of 100 words. 15 paise per folio of 100 words. 15 paise per folio of 100 words. 20 paise per folio of 100 words. (2) Notwithstanding anything contained in sub paragraphs (1) no such charges as prescribed in condition (iii) of that sub paragraphs shall be payable by, (a) complainants and accused persons who have been given legal assistance at the cost of the Government of Maharashtra and under its various schemes for legal assistance; (b) public prosecutors and police prosecutors appointed by the Government of Maharashtra; and ( c) accused persons who are defended at the cost of the Government of Maharashtra. (d) The District Legal Aid and Advice Committee, the High Court Legal Aid Committee or Supreme Court Legal Aid Committee, giving free legal aid to the indigent persons. (3) The charges so collected shall be appropriated by the stenographer or the typist who prepares the copies. He shall not use Government stationery for such copies. (4) Notwithstanding anything contained in the foregoing sub paragraphs of this paragraphs, the Court shall have power to direct that such copies be supplied to any accused person in indigent circumstances without recovering from him any charges and without requiring him to supply the required stationery. In such a case, the stenographer or the typist shall use Government stationary. Translation 19. Translation should be prepared by an Officer of the Court qualified for the purpose, or by a translator appointed by the Presiding Officer of the Court. 20 (1) The fees payable for translation of any document from one languages into another for the information of the accused or the court in criminal cases, shall be 75

7 p. ( with no sur charge) for every100 words or a fraction thereof, but the Court may modify the rate for sufficient reasons. (2) If such translations are made by a person who is not a member of the establishment of the court or by a member of the establishment of this Court, outside office hours, the fees payable in respect of such translations shall be paid to him. No fees shall be payable to a member of the establishment of the court if such translations are made by him during office hours but the fees recovered ( if any) in respect of such translations shall be credited to Government. Explanation. The translations referred to in the Paragraphs do not include translations from the regional language into English prepared by a member of the establishment of the Court, whether during or out side office hours for the purpose of the appeal paper hooks in appeals to the Sessions Court or to the High Court and no fees shall be payable in respect of such translations to such members of the establishment. 21. The Clerk of the Court is the Officer appointed in every sessions Court to certify and delivery copies of all criminal records, subject to the control of the Sessions Judge, within the meaning of Section 76 of the Evidence Act. 22 Except in so far as is provided herein above, the rules and instructions contained in the civil Manual relating to the subject of copies and translations, shall apply mutatis mutandis to criminal Courts. 23. Attention of the Presiding Officers of all criminal Courts of Appeal is invited to the provisions of section 387 of the Code of Criminal Procedure, 1973, by virtue of which section 363 of the Code of criminal Procedure, 1973, is made applicable to the judgments of appellate Courts, and it is directed that an accused person (whether convicted or acquitted), on application, shall be furnished, free of cost ( except in summons case) and without delay, with a copy of the appellate Court's judgment. 24. Whenever a Court supplies a copy of its judgment free of cost to an accused person (whether convicted or acquitted), on application, an endorsement to that effect shall be made in the Roznama of the concerned proceeding. Supply of copies of Judgments or other information to different authorities.

8 25. The following circulars on the subject of supplying information or copies of judgments to various authorities have been grouped together for easier reference: Military,Naval and Air Force 1. ( i ) For notice to Commanding Officers in cases where a person subject to Military, Naval and Air Force law appears before a Magistrate, see paragraph 87 of Chapter VI. ( ii ) When any person serving in the Military Department is convicted in a criminal Court, such Court shall inform the officer Commanding the Regiment or Corps to which the convict belongs. ( iii) Whenever a military pensioner is convicted and sentence to imprisonment by a criminal court and whenever such conviction and sentence is varied,confirmed or set aside on appeal, the Court concerned should immediately forward free of charges a copy of its judgment to the pension paying officer concerned and another copy of its judgment to the Controller of Defence Accounts (Pensions), Allahabad. The place of pension paying officer concerned should be stated in the forwarding letter addressed to the Controller of Defence Accounts ( Pensions), Allahabad. If the information relating to the pension paying officer concerned is not available to the Court or cannot be obtained by the curt from the prisoner, a copy of the judgment should be sent only to the Controller of Defence Accounts ( Pensions), Allahabad, mentioning in the letter forwarding the same that information regarding the pension paying officer concerned in the case was not available to the court and was not also supplied by the prisoner concerned. (iv) When a reservist of the Indian Army is sentenced by a Criminal Court to imprisonment for any term exceeding three months, the facts of the case should be reported,without delay, by such court to the Commandant of the appropriate Regimental centre. (v) All Criminal Courts shall in future supply to the Defence Department ( Army Branch) of the Government of India copies of judgments in all cases in which Commissioned Officers are tried by them for criminal offences. (vi) The Criminal Court before which any proceedings have been taken against a person in the naval service of the Government of India, while subject to Naval Law, shall,

9 on application by the Chief of the Naval Staff or the Commanding Officer of that person, grant copies of the judgment and final orders in the case, free of costs and without delay to the concerned authorities,as required by section 25 of the Navy Act, 1957 ( No.62 of 1957). Government Servant 2. Whenever a Government servant is convicted of any offence, the Court shall send free of charge to the Head of the Department concerned a copy of judgment and whenever such a servant is acquitted or discharged, the Court shall supply free of charge a copy of the judgment on the application of the Head of the Department. Medical practitioners 3. Whenever a Registered Medical Practitioner is convicted of a cognizable offence, or is censured by it in respect of his professional conduct or character, the Court concerned should supply a Copy of the judgment free of cost to the Maharashtra Medical Council. Legal practitioner 4. A criminal Court convicting a legal practitioner of any Criminal Offence, shall send copies of its judgment as mentioned below: Legal Practitioner concerned Authority to whom the copy of the judgment should be sent A Pleader..The Registrar, Appellate Side, High Court Bombay. An Advocate..The Secretary, the Bar Council of Maharashtra.

10 An Attorney..The Secretary, the Incorporated Law Society, Bombay. 5. Under Section 365 of the Code of Criminal Procedure, 1973, the Court of Session is required to send to the District Magistrate a Copy of its finding and sentence ( if any). In Greater Bombay, the Sessions Court for Greater Bombay is required to send such copy to the Commissioner of Police for greater Bombay. In any area outside Greater Bombay for which a Commissioner of Police has been appointed such copy is required to be send to the commissioner of Police for that area. The Court of Session may also send a Copy of the judgment to the committing Magistrate or the District Magistrate or the commissioner of Police ( for Greater Bombay or for any area outside Greater Bombay for which a Commissioner has been appointed) as the case maybe, should any of them require it. Appeal against Acquittals 6. When a Public Prosecutor or a Police Prosecutor applies for a certified copy of a judgment for the purpose of an appeal or an application in revision, the same should be supplied free of costs.