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Allahabad HC To 'Function As Usual' From June 8 Onwards; Physical Filings Permitted From June 3 [Read Notices]

LIVELAW NEWS NETWORK
3 Jun 2020 4:21 PM GMT
Allahabad HC To Function As Usual From June 8 Onwards; Physical Filings Permitted From June 3 [Read Notices]
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The Allahabad High Court has decided to allow usual functioning of the Court from June 8 onwards, both at the Principal Seat as well as at its bench in Lucknow.

However it is specified that only the special Benches constituted by the Court will remain operational until further orders and not more than 6 Advocates will be permitted to remain in the court room at any given time.

The facility of hearing cases through video conferencing shall be provided on asking by the Advocate. Further, if any party desires to appear in person then the only mode would be through video conferencing.

Physical Filing

The High Court has also permitted physical filing of new cases on all working days from June 3 onwards, and the Lawyers shall be permitted to file fresh cases in e-mode or in physical form, without any urgency application. It may be noted however that only those matters, for which urgency applications filed through e-mode are allowed, shall be listed.

The Advocates may file their Cases/ Documents/Petitions /Applications in the Stamp Reporting Section and the Application Section which will function at the places separately notified for Allahabad and Lucknow. At least 5 Counters will function outside the premises of the High Court to charge Court Fee through e-mode.

Further it is provided that Advocates residing in hot spot areas/ containment zones will not be allowed to enter in the Court campus and no document from them except through e-mode shall be accepted.

Requirement of Affidavit

The High Court has stated that the requirement of filing affidavit in support of the facts averred may be dispensed with on having satisfaction that-

  • Litigant is not in a position to swear the same at Allahabad/ Lucknow and on having an undertaking by the Advocate filing such petition /application /appeal memo etc. that whatever is stated is as per oral/ written instructions given by his or her client;
  • During the lock-down period, the requirement of an affidavit/ e-affidavit/ scanned notary affidavit shall not be mandatory in the cases and in lieu thereof the person wanting to act as a deponent shall have to submit the AADHAR Number with full details of the card holder along with a declaration that applicant/ petitioner/ pariokar is affirming the correctness of disclosure and averments made in the application/ petition.
  • This waiver or relaxation of filing affidavit is subject to a proper affidavit being filed in hard copy within a period of one month from the date the lock-down is lifted.

Other Instructions

Both the High Courts have also specified the Gate Numbers that will be open for entry/ exit of lawyers, and other court staff subject to their fulfilling all the conditions stipulated in the Notice.

Further it is intimated that the Chambers and the Canteens of the Advocates, the Employees' Canteen situated in the High Court Premises as well as the shops near the High Court will remain closed.

Inter alia, directions for social distancing and sanitization have also been issued.

Click Here To Download Notice Issued By The Allahabad HC

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