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SC directs High Courts to make E-Filing of cases mandatory in 'certain categories' from January 1st, 2022

Team SoOLEGAL 19 Oct 2021 1:16pm

SC directs High Courts to make E-Filing of cases mandatory in 'certain categories' from January 1st, 2022

NEW DELHI: The Supreme Court e-committee has sent a letter to all High Courts instructing them to ensure that all government petitions and cases are filed solely through electronic means.

The new rules will take effect from January 1st, 2022.

Until now, all parties have had the option of filing both physical and electronic copies of various petitions, applications, and documents. With the goal of streamlining the system and reducing the environmental impact of using paper, the judiciary has been moving toward digitization of courts. The e-filing system also facilitates the retrieval of specific documents from large paperbooks.

Physical filing of cases by the government will no longer be permitted after January 1, 2022, according to the Supreme Court e-committee.

E-filing will be "compulsory for certain categories of matters such as revenue, tax, arbitration, commercial disputes, and any other category as deemed fit by the concerned High Court from January 1," even for other litigants, including individual persons.         

"Petitions, appeals and revisions against judgments/ orders of subordinate courts should also be compulsorily through e-fling mode from January 1, 2022," the committee advisory stated.

"The required record of the trial court can be digitally linked with the appellate/ revisional court in case of e-filing of an appeal or revision," it added.

The Chairman of the Supreme Court's E-Committee, in a letter dated October 9, 2021, directed all High Courts to ensure:

1.              “E-filing of cases/petitions by government in all types of matters to be made mandatory from 1 January 2022. After such date, there should be no physical filing of cases by government in any matter,

2.              E-filing is to be made compulsory for all, in some categories of matters like revenue, tax, arbitration, commercial disputes and any other category as deemed fit by the High Court, from 1 January 2022;

3.              E-filing of petitions, appeals and revisions against the judgments/orders of the subordinate courts to be made mandatory from 1 January 2022. In case of e-filing of an appeal or revision, the required record of the trial court can be digitally linked with the appellate/revisional court.

4.              Suits for money recovery (loan recovery suits by banks, arrears of rent, etc.), complaints under Section 138 of the Negotiable Instruments Act, applications for maintenance, petitions for divorce by mutual consent and bail applications can also be considered for mandatory e-filing;

5.              Appropriate practice note/circular can be issued to withdraw the requirement of submission of physical copies of the case file, if e-filing has been made"

Suits for money recovery, complaints under Section 138 of the Negotiable Instruments Act, applications for maintenance, petitions for divorce by mutual consent, bail applications, and other matters can also be considered for e-filing, according to the e-committee, which is chaired by Justice DY Chandrachud.

The High courts would have to define which of these categories would be covered by e-filing rules.



Tagged: Supreme Court   High Courts   Negotiable Instruments Act   Section 138   Justice DY Chandrachud  
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