e-True Copy Rules of the High Court of Delhi, 2024
NOTIFICATION
Delhi, the 22nd April, 2024
No. 29/Rules/DHC.—In the exercise of powers conferred under Section 7 of the Delhi High Court Act, 1966 (act 26 of 1966) and Article 227 of the Constitution of India, the High Court, with the previous approval of the Lieutenant Governor of the National Capital Territory of Delhi, makes the following rules for providing e-True Copy of court records of the High Court as well as the District Courts under its control and supervision:
e-True Copy Rules of the High Court of Delhi, 2024
1. Short Title, Applicability and Commencement
These Rules shall be called “e-True Copy Rules of the High Court of Delhi, 2024” and shall apply to the High Court as well as the District Courts under its control and supervision. These Rules shall come into force on the date of notification in the official Gazette.
The facility of providing e-True Copies shall be in addition to the existing facility of providing attested copies as per Chapter 5, Part B of Volume V, and Chapter 17 of Volume IV of the Rules of the High Court.
2. Preface
These Rules will apply to electronic application(s) made for obtaining an e-True Copy generated from the available Digitized record.
3. Definitions
(1) In these Rules, unless the context otherwise requires:
a) Action(s) means all proceedings instituted in the High Court, District Courts including suits, criminal complaints, appeals, civil or criminal writ, revision, contempt, execution, arbitration, probate cases and interlocutory applications.
b) Applicant means a party to an action or an advocate entitled, at any stage of the action, to obtain an e-True Copy record of an action. A stranger may also apply for an e-True Copy subject to exceptions as mentioned in the relevant Rules of the High Court.
c) Authorized officer means the officer(s) not below the rank of Administrative officer Judicial (AOJ), authorized to administer and deal with matters connected with or related to e-True Copy in the High Court.
In so far as the District Courts are concerned, it would mean the official(s) authorized by the concerned Principal District & Sessions Judge in this regard.
d) Dealing official means an official working under the supervision and control of the Authorized officer.
e) District Court(s) means and includes court(s) established and functioning under the control and supervision of the
High Court.
f) Digitized record means the record of action (s) available in digital form.
g) Electronic application(s) means an application for e-True Copy filed through the electronic mode on the official web portal or the mobile application of the High Court, District Court, as the case may be.
h) E-True Copy means an authenticated electronic copy generated from the Digitized record containing particulars as prescribed by the High Court Rules.
i) High Court means High Court of Delhi.
j) High Court Rules means the Rules of the High Court.
k) Officer in Charge means an officer of the rank of Registrar who shall be empowered to nominate the Authorized officer and Dealing official to discharge duties and functions under these Rules.
l) Objections means and include deficiencies and errors pointed out by the Authorized officer in the Electronic application.
m) Registry means the Registry of the High Court or officials of the District Court, as the case may be.
n) Technical Failure means a failure of the hardware, software or telecommunications facility of the High Court, District Court as the case may be, which results in the impossibility of submitting an Electronic application. Technical failure does not include equipment malfunction concerning the person submitting an Electronic application.
o) Stranger means and includes any person or entity who is not a party to the action.
p) Working Day means and includes a day when the Registry works as per the calendar published or as directed by the High Court.
p) Working Day means and includes a day when the Registry works as per the calendar published or as directed by the High Court.
(2) The words and expressions used herein and not defined hereinabove, but defined in Rules of the High Court, shall have the meaning assigned to them in the said Rules.
4. General Instructions
- 4.1 Electronic application for grant of e-True Copy shall be made only through the official web portal or mobile application of the High Court, District Court, as the case may be.
- 4.2 At a given time, a party entitled to e-True Copy of records and exhibits can move only one Electronic application in an action.
- 4.3 Anyone unable to access the web portal or mobile application may submit an application for such e-True Copy at the designated counters of the High Court, District Court for that purpose, as the case may be.
- 4.4 In actions where the e-True Copy of the Digitized record is a heavy data file and cannot be conveniently shared through the electronic mode, the Authorized officer may choose any other mode or may inform the applicant to furnish an electronic storage device within a reasonable period to enable sharing of the e-True Copy of the Digitized record.
- 4.5 In cases where the Digitized record is not available the electronic application for e-True copy shall be treated as the one for physical certified copy and the dealing official shall inform the applicant about the same. The applicant shall deposit the fee for physical certified copy as per extant rules and on failiure to deposit the fee, the application shall stand disposed of on expiry of 10 working days from the date of intimation to the applicant. Nothing herein shall apply, in case the applicant is a person with disability or not residing in Delhi, the record of such Actions shall be digitized and e-True copy shall be made available.
5. Steps for Registration
- 5.1 To file an Electronic application for e-True Copy, the persons entitled shall register on the official web portal of the High Court as per the procedure prescribed in the e-Filing Rules of the High Court of Delhi, 2021.
- 5.2 Likewise, the registration process for the District Court may be carried out as per the procedure published on their respective websites.
6. Entitlement to e-True Copy of the Actions.
High Court Rules shall govern an applicant’s entitlement to seek e-True copy of the record of Actions. .
7. Mode of Application
An application for e-True Copy can be made only through the web portal or mobile application of the High Court, District Court as the case may be. An acknowledgement slip will be generated upon successful submission of the Electronic application.
8. Scrutiny and Delivery
- 8.1 The Authorized officer or dealing official shall scrutinize the Electronic applications. Objections, if any, shall be communicated to the Party through the electronic mode. On removal of the Objections the Electronic application shall be processed further. If the applicant fails to remove the objections within 10 working days from the date of communication of objections, the application shall lapse.
- 8.2 The authorised officer may reject an application for supply of e -True copy if the same is applied by a stranger who has no right to obtain a copy in an Action pertaining to matrimonial and family disputes, contempt matters and sexual offences against women and children.
- 8.3 The authorised officer may also reject the application on any other ground including disclosure of any incorrect details in the application or mismatch of signature.
- 8.4 In case of rejection of the application for supply of e -True copy the applicant/stranger may challenge the same before the Officer in Charge of the concerned copying branch in case of High Court or to the Principal District & Sessions Judge concerned in case of District Courts or any authorized officer authorized by him.
- 8.5 Subject to the availability of the Digitized record, the Authorized officer or Dealing official shall make best endeavours to deliver the e-True Copy within four (04) working days. In case of any delay in delivery, the Authorized officer shall inform the applicant electronically.
- 8.6 No Electronic application shall be allowed if it is not as per the Rules of the High Court.
9. Supervision
The officer in Charge of the concerned copying branch shall be in Charge of the internal organization of the copying branch and shall be responsible for the efficient monitoring of Electronic applications, their scrutiny, delivery, and other related matters.
10. Particulars to be endorsed on an e-True Copy
| (1) Party/Applicant Details | |
| (2) Electronic Application Reference Number | |
| (3) Day, Date and Time of electronic application | |
| (4) Date of Preparation of e-True Copy | |
| (5) Date of electronic delivery of e-True Copy | |
| (6) Name of Dealing official | |
| (7) Name of Authorized officer |
11. Authentication of e-True Copy : e-True copy shall be authenticated in the manner prescribed by the Information Technoloby Act 2000.
12. Fee : No fee shall be levied for supply of e -True copies of record of Actions.
13. Limitation
- 13.1 To compute the date on which an Electronic application for e-True Copy is made, the calender notified by the High Court shall apply.
- 13.2 To compute the time at which an Electronic application for e-True Copy is made, the Indian Standard Time (IST) shall apply.
- 13.3 An Electronic application for an e-True copy filed after 1600 hours on any day will be treated as filed on the date which follows the actual filing date, provided it is a court working day. Applications filed on a day declared as a gazetted holiday or when the High Court, District Court as the case may be, is closed will be regarded as having been filed on the next working day. For the computation of limitation, an electronic application for e-True Copy shall be subject to the same legal regime applicable to the physical filing, save and except as provided herein.
- 13.4 The facility for filing an Electronic application on the web portal or mobile application shall be made available round the clock, subject to breakdown, server downtime, system maintenance or other unforeseen exigencies. Where online filing of an Electronic application is not possible for any of the reasons set out above, the applicant shall approach the designated counters for physical filing of application between 1000 hours to 1500 hours on court working days. No exemption from limitation shall be permitted on the ground of failure of the web portal or mobile application facility.
14. Storage and Retrieval of e-filed applications : Electronic applications for an e-True Copy will be stored electronically for a period as may be decided by the Registry/concerned Principal District & Sessions Judge.
15. Legal recognition of e-True copy
An authenticated e-True Copy shall be deemed to be a certified copy of the digitized record and have legal recognition as provided under the Information Technology Act 2000. e-True copy may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.
16. Copy of the record required by public officers
The High Court Rules shall govern the entitlement of the Public official to receive the e-True Copy record of the Action.
17. Confidentiality
The applicant shall not use e-True Copy of the record for any unauthorized purpose. In the event an e-True Copy is inadvertently shared with a person not entitled to access or inspect the e-True Copy, such person shall immediately inform about the same to the Authorized officer and shall not use and share the said e-True Copy for any purpose.
18. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of these Rules, the Chief Justice of the High Court shall have the power to remove such difficulty, and the decision taken in that regard shall be final.
19. Rules not in derogation of any other law
The provisions of these Rules shall be in addition to and not in derogation of the provisions of any other law for the time being in force. The aspects on which present rules are silent, provisions of Chapter 5, part B of Volume V, and Chapter 17 of Volume IV of the Rules of the High Court shall apply.
By Order of the Court
KANWAL JEET ARORA, Rregistrar Ggeneral
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