Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Withdrawal of Petitions and Applications - Multiple sources indicate that parties or their authorized representatives can seek permission to withdraw petitions, appeals, or applications, often through filing a formal request or affidavit. Courts generally grant such withdrawals, sometimes with conditions such as not permitting re-filing on the same subject matter. For example, ["KARUVANNUR SERVICE CO-OPERATIVE BANK LTD NO 112 vs DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT GOVT. OF INDIA - Kerala"] states, He... seeks permission to withdraw this writ petition. Permission is granted, leading to dismissal as withdrawn. Similarly, ["Shone George vs Union Of India, Represented Through Senior Assistant Director, Serious Fraud Investigation Office (Sfio) - Kerala"] notes, the learned counsel for the petitioner sought for permission to withdraw this, with the court allowing withdrawal after verifying the purpose.
Certified Copy of Court Orders and Documents - Several sources emphasize that certified copies of court orders, judgments, decrees, or documents are issued by the court registry upon request, often upon payment of fees and with court permission. ["SIVABAGHYAM @ SAIT vs MS.MALARVIZHI - Madras"] mentions, From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format, and ["ASHWITH KUMAR, S/O KRISHNAPPA POOJARY VS STATE OF KARNATAKA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF RURAL DEVELOPMENT AND PANCHAYATH RAJ (ZP) - Karnataka"] highlights that a certified copy of the decree is produced, the same is admissible and is not required to be proved with the original one. The issuance of certified copies is often tied to the purpose of the request and the court's approval.
Conditions and Procedures for Obtaining Certified Copies - The sources clarify that obtaining a certified copy typically requires an application, sometimes with an affidavit stating the purpose, especially when a third party requests it. ["Shone George vs Union Of India, Represented Through Senior Assistant Director, Serious Fraud Investigation Office (Sfio) - Kerala"] states, if a person makes a third party copy application, he is required to file an affidavit setting forth the purpose for which the copy is required. Courts may also require that the person seeking the copy demonstrates a legitimate purpose, and in some cases, the court's judicial order is necessary before issuance.
Authority to Withdraw and Legal Right - Courts recognize the right of a person or their authorized counsel to withdraw proceedings, provided proper authority is established, such as a signed vakalatnama or power of attorney. ["ASHWITH KUMAR, S/O KRISHNAPPA POOJARY VS STATE OF KARNATAKA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF RURAL DEVELOPMENT AND PANCHAYATH RAJ (ZP) - Karnataka"] notes, the counsel for the petitioner was authorized to withdraw the petition, and ["G.NITHYA AT SEETHA vs C.KUMARAN - Madras"] confirms, she wants to withdraw, with the court permitting withdrawal.
Analysis and Conclusion:Parties seeking to withdraw legal proceedings or obtain certified copies of court documents must generally follow formal procedures, including filing applications or affidavits and obtaining court permission. Certified copies serve as authentic, admissible records of court orders and documents, but their issuance is subject to court approval and purpose verification. The legal framework supports the withdrawal of cases and applications when properly justified, often through authorized representatives, with courts exercising discretion to grant or deny requests based on procedural and substantive considerations.
In the realm of legal proceedings, access to court records is crucial for parties, researchers, or even third parties with a stake. But can any person simply withdraw—or obtain—a certified copy of court documents or proceedings? This common question arises frequently, especially in high-stakes litigation like suits, writs, or probate matters. The short answer, as per established rules and precedents, is no—access is not unrestricted. Parties enjoy a clear right, while non-parties must demonstrate sufficient cause. This post breaks down the rules under the Bombay High Court (Original Side) Rules, 1980, judicial interpretations, and related Evidence Act provisions, drawing from key cases to guide you.
Note: This is general information based on legal precedents and should not be taken as specific legal advice. Consult a qualified lawyer for your situation.
Under Rule 267 of the Bombay High Court (Original Side) Rules, 1980, parties to a suit or matter have an unqualified right to search records and obtain certified copies. This is a straightforward entitlement—no extra hurdles. In contrast, Rule 268 governs non-parties (third parties): The Prothonotary and Senior Master may, on the application of a person not a party to a suit or matter, on sufficient cause being shown, allow search or grant certified copies of such papers and proceedings in the suit or matter as the Prothonotary and Senior Master may think fit, on payment of the prescribed fees and charges. Ravi Arya vs Reserve Bank Of India - 2025 0 Supreme(Bom) 207
A key procedural point: The Prothonotary & Senior Master need not issue notice to parties before granting a non-party's request. A perusal of rule 268 indicates that if the third party applies before the Prothonotary and Senior Master for search or grant of certified copies... on sufficient cause being shown, the Prothonotary and Senior Master has discretionary power to grant certified copy of the record and proceedings. Twinkle Jatin Khanna, @ Twinkle AkshayKumar VS Anita Advani - 2014 0 Supreme(Bom) 1485
Granting copies doesn't adjudicate merits or create rights—it's for the applicant's personal use. Objections can be raised later, but they don't automatically block issuance. In probate contexts, access has been allowed even without proven caveatable interest at the copy stage, if an affidavit explains reasons (e.g., for a revocation petition). Twinkle Jatin Khanna, @ Twinkle AkshayKumar VS Anita Advani - 2014 0 Supreme(Bom) 1485
Certified copies must meet Sections 74-77 of the Indian Evidence Act, 1872, for admissibility as proof of public documents (including judicial records). Section 76 mandates: Every public officer having the custody of a public document... shall give that person on demand a copy... together with a certificate... that it is a true copy. N. N. Global Mercantile Private Limited VS Indo Unique Flame Ltd. - 2023 0 Supreme(SC) 414Life Insurance Corporation of India VS Ramakant Vaman Varde - 2018 0 Supreme(Bom) 1939
Proof via certified copy is admissible under Section 77 for public documents. However, court proceedings follow O.S. Rules like 268, not just direct Evidence Act demands. Related cases affirm limits: Certified copies can't be issued for photocopies—only originals—to ensure authenticity. In one instance, a trial court correctly dismissed a request for a certified copy of a photostat of an unmarked sale agreement. Haneefa Bee, W/o Late Maqbool Hussan VS Mohd. Nizam, S/o Mohd. Ismail - 2024 Supreme(Telangana) 345
Moreover, property registers in courts are judicial records, accessible to accused for justice administration, not non-judicial as per Rule 225 (Kerala Rules, illustrative). A magistrate erred in denying a certified copy; it was directed forthwith. P. B. Sourbhan VS State Of Kerala - 2024 Supreme(Ker) 526
The Supreme Court in Ila Vipin Pandya clarified: While there is a clear cut right in favour of the party to the suit to get the search and certified copies, there is a discretion in Prothonotary and Senior Master to grant or not such search and/or certified copy to a person who is not a party to the suit or matter. Twinkle Jatin Khanna, @ Twinkle AkshayKumar VS Anita Advani - 2014 0 Supreme(Bom) 1485Ila Vipin Pandya VS Smita Ambalal Patel - 2008 0 Supreme(SC) 750
Other rulings reinforce: Court records aren't always public like filed private documents unless exhibited or acts of the court (Section 74(1)(iii), Evidence Act). Certified copies of private docs are secondary evidence, needing originals for proof. Praveen Malpani VS Vijay Electricals, A Registered Firm - 2022 Supreme(MP) 1379
Access isn't absolute:- Denials possible if no sufficient cause, ulterior motives, or prejudice (discretion can't be perverse). Ravi Arya vs Reserve Bank Of India - 2025 0 Supreme(Bom) 207- Limited to papers the Prothonotary deems fit—not full records on partial requests. Ravi Arya vs Reserve Bank Of India - 2025 0 Supreme(Bom) 207- Personal use only: Rule 271 bars sharing without permission. Twinkle Jatin Khanna, @ Twinkle AkshayKumar VS Anita Advani - 2014 0 Supreme(Bom) 1485- Non-court public docs: Direct from custodian under Evidence Act. N. N. Global Mercantile Private Limited VS Indo Unique Flame Ltd. - 2023 0 Supreme(SC) 414
Insights from diverse cases: In criminal contexts, property registers aid transparency (right to information). P. B. Sourbhan VS State Of Kerala - 2024 Supreme(Ker) 526 Unmarked docs' photocopies can't be certified. Haneefa Bee, W/o Late Maqbool Hussan VS Mohd. Nizam, S/o Mohd. Ismail - 2024 Supreme(Telangana) 345 These align with Bombay rules' discretion.
Understanding these nuances prevents wasted efforts. For tailored guidance, reach out to legal experts familiar with your jurisdiction's rules.
He, however, submitted that a certified copy of the order directed to be served on the petitioner has already been received. 2. ... The learned counsel for the petitioner seeks permission to withdraw this writ petition. Permission is granted. Accordingly, this writ petition is dismissed as withdrawn. Sd/- ... JUDGMENT The learned counsel for the petitioner submitted that a copy of the order dated
PRATHEEP KUMAR, JUDGE Pvv APPENDIX OF CRL.MC NO. 11739 OF 2025 PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF THE FINAL REPORT AND FIR IN CRIME NO. 270/2019 OF VARAPUZHA POLICE STATION IN CC NO. ... ORDER Dated this the 16th day of February, 2026 When this matter was taken up for arguments, the learned counsel for the petitioner sought for permission to withdraw this
A fortiori, if a person makes a third party copy application, he is required to file an affidavit setting forth the purpose for which the copy is required. ... Suffice it to observe that, even accepting that an interested person can apply and obtain a copy of the investigation report by resorting to a href=".. ... “ (underlined for emphasis) Going by the above provision, the person concerned is entitled only for a copy of the investigation report. ... On that affidavi....
The effect of this grant of permission to the appellant was that though he was allowed to withdraw the suit but was not permitted to file a fresh suit on the same subject matter. Since only one person had filed the suit and, therefore, sub-rule (5) of Rule 1 was not attracted. ... Sub-rule (5) of Rule 1 says that, if there are more than one plaintiff then unless all the plaintiffs give consent to withdraw the suit, the permission to withdraw the suit cannot be granted under sub-rule (1) or (3). 22. ... Through Legal heir....
However, learned trial Court has rejected the application saying that certified copy would serve the purpose as record of the court is a public document. ... Further reliance is placed in the case of Jagdish (supra) wherein this Court has observed that certified copy of the possession receipt is a public document and is admissible in evidence. ... Hence, according to me, the certified copy of the document of the receipt of possession Exhibit P-7, which is in consequence to Exhibit P-6 ....
in his own hand by such person or by his recognised agent or by some other person duly authorised by or under a power of attorney to make such appointment and the appointment has been accepted in writing by the pleader. ... The learned counsel for the petitioner has contended that the petitioner had not authorised the counsel to withdraw the appeal. ... I/We authorize him/them to withdraw the Appeal/ petition/any other proceedings at his/their discretion."7. Accordingly, in light of the duly signed vakalatnama, the couns....
. - The appellant / party-in-person is present physically before the Court and seeks permission to withdraw the appeal with liberty to file petition. 2. The said submission of the appellant / party-in-person is taken on record. ... Registry is directed to return the documents to the appellant / party-in-person.
In the instant case, the petitioner sought for issuance of certified copy of photostat copy of unmarked Agreement of sale produced by the respondent in the suit. ... Thereafter, the petitioner herein, who is the defendant, filed an application for issuance of certified copy of the photostat copy of the said unmarked document. 14. ... This verification ensures that the certified copy accurately represents the original, confirming its authenticity and ....
When the above case was posted for trial, petitioner applied to obtain a certified copy of the property register relating to T-582/2011. ... Therefore, I am of the view that the petitioner ought to be issued a certified copy of the property register relating to T-582/2011. 10. ... The property register cannot fall into such a category and the trial court went wrong in refusing to permit grant of a certified copy. 9. ... Therefore, it is legally improper to deny issuing a cert....
K.Elango, learned counsel appearing for the second respondent produced the Certified Copy of Sale Deed, dated 26.09.1959 registered as document No.2790/1959 and Certified Copy of the Mortgage Deed, dated 01.05.1979, registered as document No.895/1979. ... and submitted that she wants to withdraw the Contempt Petition. ... to be true copy// Dated at Madras this the day of 2016. ... From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/....
11. In view of aforesaid foregoing discussions, the impugned orders dated 5.2.2013 and dated 31.7.2012 cannot be allowed to stand and accordingly the same are hereby quashed and the matter is remanded back to the Collector, District Morena to consider and decide the application of petitioner afresh in accordance with law within a period of three months from the date of receipt of certified copy of the order. Certified copy as per rules.
Certified copy as per rules. 32. With the aforesaid, the Appeal is allowed and disposed off.
17. A copy of this order be sent to the trial Court for information. Certified copy as per rule.
18. With the aforesaid, both the revision petitions stands disposed of. Certified copy as per rules.
(2) Issue a certified copy in accordance with relevant rules without any delay. (1) The 6th Additional District Court, Ernakulam is directed to engross probate certificate in the court fees stamp produced along with the application.
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