SC guidelines for court hearings through video conferencing due to COVID 19

SC guidelines for court hearings through video conferencing due to COVID 19

Hon’ble SC of India has issued guidelines to facilitate hearing of cases through video conferencing. The lockdown announced in the wake of COVID 19 has necessitated this step. While speaking on the suggestions made by a Senior Advocate, the court observed that the crowd must be avoided in court premises. It is necessary to practice social distancing. It is our duty and not discretion.

The court has opined that in a democratic country like India, it is incumbent to provide access to justice and to uphold the legal principles enshrined in the Indian Constitution. At the same time, it is vital to observe the advisories issued by health organizations and maintain social distance. Therefore, this is the time to make the most of the technology. The court proceedings will be held through video conferencing.  Virtual courts will function as physical courts.

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During the lockdown, the Supreme Court and High Courts are already using the technology of Video Conferencing and other courts must follow. Court premises should not become a reason for the spread of the virus.

The specific guidelines issued are:

  • All measures taken by the courts to reduce the physical presence in the court premises shall be deemed lawful.
  • The judicial system will function through video conferencing. The proceedings require establishing a connection between the lawyers of both the parties and the litigants. It will be used mainly for hearing arguments until rules are made. Evidence will be recorded only with mutual consent of both the parties.
  • Every High Court can make rules for the use of this technology depending upon the health situation in the state. Districts courts will make rules as directed by the concerned High Court.
  • High Court is free to use any appropriate technology for virtual functioning of courts. The higher court has not specified any particular technology.
  • A helpline number shall be maintained by courts for complaint regarding the court hearing during proceedings through videoconferencing. The complaint is filed during the proceedings or immediately afterwards.
  • If evidence is to be recorded in a courtroom, the Presiding Officer shall ensure that proper distance is maintained between two individuals.
  • The presiding officer shall have the power to restrict the entry of persons in the courtroom. Proceedings can be adjourned if entry cannot be restricted
  • The court can assist the lawyers in availing this facility. The Amicus Curie (advocates appointed as friends of the court) will ensure that the lawyers have the supporting infrastructural system.

Read: Corona crisis and stay at home – check your property documentation!

The court has directed the NIC- National Informatics center to ensure smooth conduct of such proceedings. The court opines that the use of this technology should be made in the usual way of conducting court proceedings in future.

There is uncertainty about the duration of the lockdown. Therefore, appropriate steps will be taken in due course of time for the functioning of courts.

Recommended reading: Court Judgements

Judiciary is trying to maintain a balance between the aspirations of those seeking justice and the prevailing medical situation.

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Corona crisis and stay at home – check your property documentation!

Corona crisis and stay at home - check your property documentation

Did you ever think that in the 21st century, there would be a time when the whole world would have to battle a tiny virus that holds the entire universe hostage?

As you stay safe and protected within the four walls of your homes, do pause and spend some time taking stock of whether your documentation of property affairs is up to the mark or not.

Whether Corona persists for a few weeks or holds us under threat for a few months, remember – your assets will stay yours only if you are particular about the detailed documents and other aspects.

Therefore in this time that you stay at home – whether you are working or not – please spend some time going through all your property documents to ensure that they are complete and credible.

Meanwhile, even in this crisis, NRI Legal Services remains connected and open to all its clients – existing and potential.

As a global legal management firm, handling crucial property matters we are constantly aware of the responsibility we have towards our clients across the world.

We have an exceptional record of delivering legal services for issues related to the immovable and moveable assets of NRIs. Besides providing justice to NRIs who are facing problems in property legal issues, it is our endeavour to reinstate faith in people residing overseas.

Our competent team of lawyers is capable of providing consultation to clients. All legal advice is given after complete reviews of all documents. An exceptional communication service network is used to give legal advice to clients.

NRI legal services step forward to provide a range of services to resolve issues related to the following – Title Search, Partition of Property, Transfer of Property, Banking And Finance matters and Tax Matters. Besides these, we can help you find solutions to any matter related to Succession Certificate, Adverse Possession, Landlord Tenant disputes and Real Estate Services.

We would suggest that all the time that you are now getting to be at home should also be used to sort out your personal and official documents. Topmost priority has to be your documentation on property.

Ask yourself – are all ‘Will’ related matters sorted out? Do you anticipate any issues regarding the partition of property in your family?

Do ensure that transfer papers and succession certificate complications are kept into consideration and you are aware of what the procedures are.

Our teams are working round the clock across various cities, well connected and in sync with each other to resolve all your queries and issues.

NRI Legal Services – at your service, all the time and through all crisis. Trust us to be there to make your life easier and smoother.

NRI Legal Services is now on Telegram. Join NRI Legal Services channel in your Telegram and stay updated.