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e-True Copy Rules of the High Court of Delhi, 2024: Frequently Asked Questions (FAQs)
1. What are the "e-True Copy Rules of the High Court of Delhi, 2024"?
- These rules provide the framework for obtaining electronic copies of court records (e-True Copies) from the High Court of Delhi and the District Courts under its jurisdiction.
2. When did these rules come into effect?
- The rules came into effect on the date of their notification in the official Gazette, dated 22.04.2024.
3. What is an e-True Copy?
- An e-True Copy is an authenticated electronic copy generated from the digitized record of court proceedings and documents.
4. Who can apply for an e-True Copy?
- Parties to an action or their advocates can apply for an e-True Copy. Strangers may also apply, subject to certain exceptions mentioned in the relevant rules.
5. How can one apply for an e-True Copy?
- Applications for e-True Copies can be made through the official web portal or mobile application of the High Court or District Court. Those unable to access these platforms may submit their applications at designated counters.
6. Are there any restrictions on who can obtain an e-True Copy?
- Yes, applications by strangers for e-True Copies related to matrimonial and family disputes, contempt matters, and sexual offenses against women and children can be rejected.
7. What happens if the digitized record is not available?
- If the digitized record is not available, the application for an e-True Copy will be treated as one for a physical certified copy. The applicant will be informed and must deposit the fee for the physical copy.
8. What are the steps involved in processing an e-True Copy application?
- The application is scrutinized by an authorized officer or dealing official. Objections, if any, are communicated to the applicant electronically. Upon removal of the objections, the application is processed further. If the objections are not removed within 10 working days, the application lapses.
9. How long does it take to get an e-True Copy?
- Subject to the availability of the digitized record, the e-True Copy should be delivered within four working days. Delays, if any, will be communicated electronically to the applicant.
10. What details are included on an e-True Copy?
- An e-True Copy includes details such as the party/applicant details, electronic application reference number, date and time of the application, date of preparation, date of electronic delivery, and the names of the dealing official and authorized officer.
11. Is there a fee for obtaining an e-True Copy?
- No fee is levied for supplying e-True Copies of the record of actions.
12. How is an e-True Copy authenticated?
- The e-True Copy is authenticated in the manner prescribed by the Information Technology Act, 2000.
13. What if there is a technical failure while submitting an application?
- Technical failures are defined as failures of hardware, software, or telecommunications facilities of the court. In such cases, applicants can approach designated counters for physical filing of applications during working hours.
14. How are e-filed applications stored and retrieved?
- Electronic applications for e-True Copies will be stored electronically for a period as decided by the Registry or the concerned Principal District & Sessions Judge.
15. Can an e-True Copy be used as a certified copy in legal proceedings?
- Yes, an authenticated e-True Copy is deemed to be a certified copy of the digitized record and has legal recognition under the Information Technology Act, 2000.
16. What should be done if an e-True Copy is inadvertently shared with an unauthorized person?
- The person who receives the e-True Copy inadvertently should immediately inform the authorized officer and should not use or share the copy for any purpose.
17. Who supervises the process of issuing e-True Copies?
- The officer in charge of the concerned copying branch is responsible for the efficient monitoring of electronic applications, their scrutiny, delivery, and other related matters.
18. What are the steps to register for filing an e-True Copy application?
- Registration can be done through the official web portal of the High Court as per the e-Filing Rules of the High Court of Delhi, 2021. Similarly, for District Courts, the registration process is available on their respective websites.
19. Can I apply for multiple e-True Copies at once?
- No, at a given time, a party entitled to e-True Copy of records and exhibits can move only one electronic application in an action.
20. How are objections communicated to the applicant?
- Objections are communicated electronically to the applicant. The applicant must remove the objections within 10 working days to proceed with the application.
21. What happens if I fail to remove objections within the specified time?
- If the applicant fails to remove the objections within 10 working days from the date of communication, the application will lapse.
22. What is the procedure for challenging the rejection of an e-True Copy application?
- In case of rejection, the applicant or stranger may challenge the decision before the Officer in Charge of the copying branch in the High Court or to the Principal District & Sessions Judge concerned in the District Courts.
23. Are there any specific conditions under which a stranger can apply for an e-True Copy?
- Yes, a stranger can apply for an e-True Copy subject to exceptions related to matrimonial and family disputes, contempt matters, and sexual offenses against women and children, as mentioned in the relevant rules.
24. What should be done if there is a discrepancy or error in the e-True Copy provided?
- Any discrepancies or errors should be reported immediately to the authorized officer for rectification.
25. How is the confidentiality of e-True Copies ensured?
- The applicant must not use e-True Copies for any unauthorized purposes. If an e-True Copy is inadvertently shared with an unauthorized person, they must inform the authorized officer immediately and refrain from using or sharing the copy.
26. How long are electronic applications stored in the system?
- Electronic applications for e-True Copies will be stored electronically for a period decided by the Registry or the concerned Principal District & Sessions Judge.
27. Can I access the web portal or mobile application for filing e-True Copy applications at any time?
- Yes, the facility for filing electronic applications on the web portal or mobile application is available round the clock, except during breakdowns, server downtime, system maintenance, or other unforeseen exigencies.
28. What is the legal status of an authenticated e-True Copy?
- An authenticated e-True Copy is deemed to be a certified copy of the digitized record and has legal recognition as per the Information Technology Act, 2000.
29. Are e-True Copies available for all types of court records?
- e-True Copies are available for digitized records of various court actions including suits, criminal complaints, appeals, writs, revisions, contempt, execution, arbitration, probate cases, and interlocutory applications.
30. How are e-True Copies delivered to the applicant?
- e-True Copies are delivered electronically to the applicant. If the file is too large to be shared electronically, the authorized officer may choose another mode or request the applicant to provide an electronic storage device.
31. Is there a specific time frame within which the e-True Copy should be delivered?
- The authorized officer or dealing official aims to deliver the e-True Copy within four working days. Any delays will be communicated electronically to the applicant.
32. Can an e-True Copy be used outside of India?
- Yes, an authenticated e-True Copy holds legal recognition and can be used as proof of the contents of public documents both within and outside of India, as per the Information Technology Act, 2000.
33. How is the fee for obtaining an e-True Copy structured?
- No fee is charged for providing e-True Copies of court records.
34. What measures are in place to handle technical failures during the application process?
- In case of technical failures such as hardware, software, or telecommunications issues, applicants can approach designated counters for physical filing of applications during working hours.
35. How is the authenticity of an e-True Copy verified?
- e-True Copies are authenticated as per the procedures outlined in the Information Technology Act, 2000, ensuring their validity as certified copies.
36. What is the role of the Authorized Officer in the e-True Copy process?
- The Authorized Officer is responsible for administering and dealing with matters related to e-True Copies in the High Court. In District Courts, this role is assigned by the concerned Principal District & Sessions Judge.
37. What is the role of the Dealing Official?
- The Dealing Official works under the supervision and control of the Authorized Officer and is involved in the processing and scrutiny of electronic applications for e-True Copies.
38. How is the fee payment for physical certified copies managed if the digitized record is unavailable?
- If the digitized record is unavailable, the electronic application is treated as a request for a physical certified copy. The applicant is informed and must deposit the fee for the physical copy. Failure to deposit the fee within 10 working days results in the application being disposed of.
39. Can an e-True Copy be used as evidence in legal proceedings?
- Yes, an authenticated e-True Copy is deemed to be a certified copy and has legal recognition, making it admissible as evidence in legal proceedings.
40. What is the procedure for accessing the e-True Copy facility if I am unable to use the online portal?
- Applicants who are unable to access the online portal can submit their applications at the designated counters in the High Court or District Courts.
41. Can I request an e-True Copy for academic or research purposes?
- Yes, e-True Copies can be requested for academic or research purposes, subject to the rules governing access by strangers and confidentiality requirements.
42. How are large digitized records shared if they cannot be conveniently shared electronically?
- For large digitized records, the Authorized Officer may choose an alternative mode of sharing or request the applicant to provide an electronic storage device.
43. Is there a limit on the number of times I can request an e-True Copy for the same action?
- While there is no explicit limit mentioned, only one electronic application can be moved at a given time for a specific action. Multiple requests may be subject to scrutiny and approval.
44. What are the confidentiality rules regarding e-True Copies?
- The applicant must not use e-True Copies for unauthorized purposes. In case of inadvertent sharing with unauthorized persons, they must inform the Authorized Officer immediately and refrain from further use.
45. Are e-True Copies available for all types of legal documents?
- e-True Copies are available for all digitized records of actions including suits, criminal complaints, appeals, writs, revisions, contempt cases, execution proceedings, arbitration cases, probate cases, and interlocutory applications.
46. How does the High Court ensure the security of e-True Copies?
- e-True Copies are authenticated and protected as per the Information Technology Act, 2000, ensuring their security and integrity.
47. What happens if an applicant provides incorrect details in the e-True Copy application?
- The application can be rejected if incorrect details are provided. Applicants may challenge the rejection before the Officer in Charge or the Principal District & Sessions Judge concerned.
48. What measures are in place to ensure the timely delivery of e-True Copies?
- The Authorized Officer and Dealing Officials are required to make best efforts to deliver e-True Copies within four working days. Any delays are communicated electronically to the applicant.
49. Can public officers request e-True Copies for official use?
- Yes, public officers can request e-True Copies, and their entitlement is governed by the High Court Rules.
50. Are there any special provisions for applicants with disabilities?
- Yes, if the applicant is a person with a disability or not residing in Delhi, the record of such actions will be digitized, and the e-True Copy will be made available accordingly.
51. How are applications for e-True Copies processed during court holidays?
- Applications filed after 1600 hours or on gazetted holidays are treated as filed on the next working day. The facility for filing electronic applications is available round the clock, subject to technical issues.
52. How can I verify the authenticity of an e-True Copy?
- e-True Copies are authenticated in compliance with the Information Technology Act, 2000, ensuring their validity and authenticity.
53. What should I do if I encounter technical issues while submitting an application?
- In case of technical failures, applicants can approach designated counters for physical filing of applications during working hours.
54. Are e-True Copies accessible to parties involved in ongoing litigation?
- Yes, parties involved in ongoing litigation can request e-True Copies of relevant records, subject to the rules and procedures established.
55. Can I obtain e-True Copies for historical court records?
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