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Is responsibility of collecting the judgement copy on petitioner only?
27-Feb-2023 (In Criminal Law)
My case related to Income Tax was disposed by Hon'ble Allahabad High Court on dated 24.08.2004 u/s 482. My council never informed me of the development. He further never applied for a certified copy of the said judgement. Now an NBW has been issued by the CJM court, for not providing the copy of the said judgement of Allahabad High Court. here it is pertinent to mention that a case was filled against me by the income tax department at Special CJM Economic Wing Allahabad. The court subsequently transferred the case in the year 1998. when we requested for a certified copy, we were told that the said file was sent to record room on 01.04.2005. The entire bundle is missing, Sir does the responsibility of collecting the copy of the judgement by a high court lies only with the petitioner?
Responsibility to collect any orders , certified copies should have been decided initially between the lawyer and petitioner with mutual understanding. Petioner duty is to ask for what is happening in the case from time to time.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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All responsibility can not be shifted on the counsel since you can change your counsel anytime as per your wishes and engage any counsel. Youmay give the excuse that your counsel never informed you of the Judgement and never applied for acertified copy but in itself it is a weak excuse more so since so much time has elapsed. Your present problem is issuance of NBW by CJM for not providing copy of the said judgement . At this stage your question is not important in exclusivity since CJM has already issued the NBW so you have to think on all excuses... So you will have to engage a competent lawyer to defend your legal and illegal actions which can fully be worked out if you e mail all details , sequence of events. Giving a weak excuse may damage you later . Since the matter concerns a High Court judgement ,it may not be easy to get relief from lower courts. After working out your position ,you may approach the High Court against NBW. If records of a case are missing ,petetioner is in no way responsible.
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Adv. Kundan Singh Pathania
Vrindavan | 100+ Answers
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Yes this is the petitioners responsibility for collecting the certified copy of judgement from the high court and file it in the main file i.e. in the lower court.
For your querie that the record rooms bundle is missing, this is not your fault. Send an RTI application to the Allahabad high court for the knowledge of writ petition. Then file the Xerox copy of RTI application with receipt of speed post in CJM court. After that CJM will stay proceeding till the reply of the RTI will not come.
For your querie that the record rooms bundle is missing, this is not your fault. Send an RTI application to the Allahabad high court for the knowledge of writ petition. Then file the Xerox copy of RTI application with receipt of speed post in CJM court. After that CJM will stay proceeding till the reply of the RTI will not come.
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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Petitioner is full responsible to look after their case regularly with help of the his counsel. Law help to those who are vigilant in respect of his right. You are not vigilant in respect of your case . You are fully responsible to collect The certifide copy of the judgement.
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Adv. Jitendra Kumar Pandey
Lucknow | 25+ Answers
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