AI Overview...
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Destruction of Court Records During Pendency of Appeal - Courts emphasize that records should not be destroyed while an appeal is pending. If destruction is necessary, records should be scanned and digitized to preserve information, ensuring the appellate process is not hampered KARAN S THUKRAL Vs THE DISTRICT & SESSIONS JUDGE & ORS - Delhi.
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Court Orders and Preservation of Records - Courts have directed trial courts to retain records during appeals, and in some cases, to send records promptly for appellate review. Destruction during pendency is considered improper unless justified by legal provisions or specific rules P. H. PARMAR VS UNION OF INDIA - Gujarat, Mauji Lal VS State of U. P. - Allahabad.
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Legal Implications of Record Destruction - Destroying records during the pendency of an appeal can prejudice the appellant’s right to a fair hearing. Courts have highlighted the importance of maintaining the integrity of records for effective appellate review Appellate Authority, Kerala Public Service Commission VS State Information Commission Kerala - Kerala.
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Rules and Procedures on Record Management - High Court Rules (e.g., Allahabad High Court Rules, 1952, Rule 34) specify the responsibilities of court offices to preserve records and report any loss or destruction. Proper procedures must be followed to prevent unauthorized destruction CHANDRAMA PRASAD VS STATE OF U. P. - Allahabad.
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Digitization as a Preventive Measure - In cases of pending appeals, courts recommend scanning and digitizing records to prevent loss, facilitate checking appeal pendency, and ensure transparency KARAN S THUKRAL Vs THE DISTRICT & SESSIONS JUDGE & ORS - Delhi.
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Consequences of Record Destruction - Loss or destruction of records during the pendency of an appeal can hinder the appellant’s ability to prepare and argue their case effectively, and may lead to remand or legal remedies to restore the record Yusuf VS Hamidulla - Rajasthan.
Analysis and Conclusion:
The consensus across the sources is that the destruction of court records during the pendency of an appeal is generally considered improper and can adversely affect the fairness of judicial proceedings. Courts advocate for the preservation of records, either physically or through digitization, to uphold the integrity of the appellate process. Legal rules impose obligations on courts and officials to prevent unauthorized destruction, and failure to comply can result in legal consequences or remand of cases. Therefore, courts should ensure diligent preservation and proper handling of records during pending appeals to safeguard parties’ rights and the integrity of justice.
Search Results for "Destruction of Court Record during the Pendency of Appeal"
1971 0 Supreme(Guj) 107 • India - Gujarat
A.N.DIVECHA
for its decision on merits after giving a proper opportunity to the parties to have their say in the matter - Appeal allowed. ... both these appeals raise common questions of law and fact - Court have therefore thought it fit to dispose of both these appeals ... Arbitration Act, 1940 - Section 20 - Special Civil Suit - Parties to both these appeals are the same and ... record is summoned to direct the Trial Court not to destroy the record during the ....
1993 0 Supreme(Guj) 285 • India - Gujarat
A.L.BAHRI
Final Decision: The High Court allowed the appeals, quashed and set aside the impugned decision of the Trial Court, and remanded ... Finding of the Court: The High Court held that the Trial Court erred in not condoning the delay in filing the application ... The Supreme Court has held that the approach of the court should be liberal in considering delay condonation applications. 2. ... whose record is summoned, to direct the Tria....
2024 Supreme(Online)(Del) 30864 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
Even in cases where no positive response is received by the appellate court with regard to the pendency of the appeal, before destruction of the trial court record, the same should be scanned and saved in digitized form. ... in order to enable to District Court to flag and check pendency of appeal/revisionetcintheHighCourt. ... In all such cases, where a response is received with regard to the pendency of the #HL_S....
1982 0 Supreme(Raj) 1 • India - Rajasthan
S.K.M.LODHA
recovery of amount due as also for rendition of account of firm—Defendants pleading that partnership was dissolved—No evidence on record ... It was ordered by this Court on March 10, 1981 that the record may be sent for and the appeal be listed for hearing as soon as the record is received. ... The plaintiff has filed this appeal as aforesaid. ... 3. Respondent no. 2 Abdul Rahim died during the pendency of the appeal and his legal representatives res....
2016 1 Supreme 19 • India - Supreme Court
RANJAN GOGOI, N.V.RAMANA
containing scheme as framed and communications and correspondence destroyed and such destruction had taken place during the pendency ... occupancy tenants in respect of the entire land of 94 acres 28 gunthas rejected by Revenue Tribunal, presently pending in a writ appeal ... utilize land for purpose of Act same be handed over to person entitled to receive such possession depending upon outcome of Writ Appeal ... In the affidavit of Chief Secretary dated 29th October, 2015 it has been admitted that the said rec....
2024 0 Supreme(Ker) 707 • India - Kerala
EASWARAN S.
Whether the PSC's destruction of records during the pendency of the information request was justified. ... However, it noted that the destruction of records during the pendency of the information request was improper. ... The court emphasized the importance of adhering to the timelines for record retention and the implications of destroying records ... Therefore, it becomes necessary for this Court to decide on the....
2012 0 Supreme(All) 2774 • India - Allahabad
DHARNIDHAR JHA, ASHOK PAL SINGH
not fully aware with Rule of Court referred to by him—In term of Rule 34 of Chapter VIII in case if there is any destruction/loss ... of record—Office is responsible for making report about—It shall be laid before Registrar of Court for necessary order—Duty of Section ... Allahabad High Court Rules, 1952—Chapter VIII Rule 34, Chapter II Rules 5 and 1—Reconstruction—Records—Duty of Registry of Court—As ... ... As may appear from the above noted Rule,....
2022 0 Supreme(All) 327 • India - Allahabad
VIVEK KUMAR BIRLA, SHREE PRAKASH SINGH
for a long period and then after destruction of record, come to this court and pray that he may be acquitted. ... the appellant since perusal of the record of the case is one of the essential elements of hearing of the appeal. ... record as record reveals that he had received said lower court record during his posting as clerk – Whether papers regarding Sessions ... In the aforesaid circumstances, issue of construction of ....
2009 0 Supreme(Bom) 215 • India - Bombay
A.M.KHANWILKAR
Sections 106, 108 and 114 - Tenancy rights - Claim for - Suit for - Building governed by State Rent Act - In possession of tenant - Destruction ... That is the statement of law, which is binding on the Court. ... 114 of Act. - On careful analysis of this decision, it is noticed that the point in issue has been directly answered by the Apex Court ... The Trial Court also non-suited the Plaintiffs on the finding that from the evidence on record it would appear that it was mere desire of ....
2021 0 Supreme(Cal) 390 • India - Calcutta
SOUMEN SEN, SAUGATA BHATTACHARYYA
3) , 190 and 164 - Sealed restaurant - Investigation - Challenged - Whether in a police diary, or otherwise or any part of such record ... appropriate steps in accordance with law - In view thereof, direction upon CJM to try and complete investigation is set aside - CJM shall record ... statements of victim if not recorded earlier within 2 weeks from date of communication of order - Appeals are disposed of ... the appeal. ... (ix) In the event of any conviction by a court of Sessions, an app....
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