Amendments in Part C of Chapter 5 of Volume V of Delhi High Court Rules

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-09072026-274304 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 21] | DELHI, FRIDAY, JULY 3, 2026/ASHADHA 12, 1948 | [N. C. T. D. No. 92 PART II-I GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI HIGH COURT OF DELHI : NEW DELHI NOTIFICATION Delhi, the 3rd July, 2026 No. 59/Rules/DHC.— In exercise of the powers conferred by Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) read with Section 3 of the Destruction of Records Act, 1917 (5 of 1917) and all other powers enabling it in this behalf, the High Court of Delhi, with the prior approval of the Lt. Governor of the Government of National Capital Territory of Delhi, hereby makes the following amendments in Part C of Chapter 5 of Volume V of Delhi High Court Rules & Orders :- I. THE FOLLOWING SHALL BE SUBSTITUTED FOR THE EXISTING RULE 1A OF PART I OF PART C OF CHAPTER 5 OF VOLUME V OF DELHI HIGH COURT RULES & ORDERS :- "1A Destruction of Records retained in electronic form – Notwithstanding any period of preservation prescribed in these Rules, any judicial record, book or paper, may be destroyed after being retained in electronic form, in accordance with Section 7 of the Information Technology Act, 2000. 2 | DELHI GAZETTE : EXTRAORDINARY | PART II-I] Explanation: According to Section 7 of the Information Technology Act, 2000, where any law provided that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form. Provided that nothing in this rule shall apply to the following documents:- Sr.No. | Description of documents 1. | A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881). 2. | A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882). 3. | A trust as defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882). 4. | A Will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925) including any other testamentary disposition by whatever name called. 5. | Any contract for the sale or conveyance of immovable property or any interest in such Property. 6. | Any original document pertaining to Lease Deed, Birth/Death/Marriage certificate, Nikahnama, Family Settlement/Compromise Deed, Passport, Driving License, Bank Guarantee, Demand Draft, Share Certificate, Debenture, Bond or such other documents as directed by the Court to be retained. Provided further that documents which are to be preserved permanently as per these rules shall continue to be preserved in physical form notwithstanding their preservation in electronic form." II. THE FOLLOWING SHALL BE SUBSTITUTED FOR THE EXISTING RULE 9 OF PART II(b) OF PART C OF CHAPTER 5 OF VOLUME V OF DELHI HIGH COURT RULES & ORDERS :- "9. What Documents in Part A of Judicial Record to be preserved permanently - The following documents belonging to Part A of a judicial record shall be preserved permanently, namely: In Civil Cases (1) The Index. (2) The judgment of the Court. (3) The decree of the Court. (4) Unreturned deeds namely : (i) A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881). (ii) A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882). (iii) A trust as defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882). (iv) A Will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925) including any other testamentary disposition by whatever name called. (v) Any contract for the sale or conveyance of immovable property or any interest in such Property. [PART II-I | DELHI GAZETTE: EXTRAORDINARY | 3 (vi) Any original document pertaining to Lease Deed, Birth/Death/Marriage certificate, Nikahnama, Family Settlement/Compromise Deed, Passport, Driving License, Bank Guarantee, Demand Draft, Share Certificate, Debenture, Bond or such other documents as directed by the Court to be retained. (5) One copy of the printed paper book in all cases in which a paper book is printed in other cases copies of the judgments of the Courts below and the memorandum of appeal presented in the High Court. In Criminal Cases (1) The Index. (2) The judgment of the Court. (3) Warrants of commitment or execution, when returned. (4) Unreturned deeds namely : (i) A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881). (ii) A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882). (iii) A trust as defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882). (iv) A Will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925) including any other testamentary disposition by whatever name called. (v) Any contract for the sale or conveyance of immovable property or any interest in such Property. (vi) Any original document pertaining to Lease Deed, Birth/Death/Marriage certificate, Nikahnama, Family Settlement/Compromise Deed, Passport, Driving License, Bank Guarantee, Demand Draft, Share Certificate, Debenture, Bond or such other documents as directed by the Court to be retained. (5) One copy of the printed paper book in all cases in which a paper book is printed in other cases copies of the judgments of the Courts below and the memorandum of appeal presented in the High Court." NOTE: THESE AMENDMENTS SHALL COME INTO FORCE FROM THE DATE OF THEIR PUBLICATION IN THE GAZETTE. By Order of the Court, ARUN BHARDWAJ, Registrar General 4 | DELHI GAZETTE: EXTRAORDINARY | PART II-I] HIGH COURT OF DELHI: NEW DELHI NOTIFICATION Delhi, the 3rd July, 2026 No. 59/Rules/DHC.— In exercise of the powers conferred by Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) read with Section 3 of the Destruction of Records Act, 1917 (5 of 1917) and all other powers enabling it in this behalf, the High Court of Delhi, with the prior approval of the Lt. Governor of the Government of National Capital Territory of Delhi, hereby makes the following amendments in Part C of Chapter 5 of Volume V of Delhi High Court Rules & Orders :- I. THE FOLLOWING SHALL BE SUBSTITUTED FOR THE EXISTING RULE 1A OF PART I OF PART C OF CHAPTER 5 OF VOLUME V OF DELHI HIGH COURT RULES & ORDERS :- "1A Destruction of Records retained in electronic form – Notwithstanding any period of preservation prescribed in these Rules, any judicial record, book or paper, may be destroyed after being retained in electronic form, in accordance with Section 7 of the Information Technology Act, 2000. Explanation: According to Section 7 of the Information Technology Act, 2000, where any law provided that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form. Provided that nothing in this rule shall apply to the following documents:- Sr.No. | Description of documents 1. | A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881). 2. | A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882). 3. | A trust as defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882). 4. | A Will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925) including any other testamentary disposition by whatever name called. 5. | Any contract for the sale or conveyance of immovable property or any interest in such Property. 6. | Any original document pertaining to Lease Deed, Birth/Death/Marriage certificate, Nikahnama, Family Settlement/Compromise Deed, Passport, Driving License, Bank Guarantee, Demand Draft, Share Certificate, Debenture, Bond or such other documents as directed by the Court to be retained. Provided further that documents which are to be preserved permanently as per these rules shall continue to be preserved in physical form notwithstanding their preservation in electronic form." [PART II-I | DELHI GAZETTE: EXTRAORDINARY | 5 II. THE FOLLOWING SHALL BE SUBSTITUTED FOR THE EXISTING RULE 9 OF PART II(b) OF PART C OF CHAPTER 5 OF VOLUME V OF DELHI HIGH COURT RULES & ORDERS :- "9. What Documents in Part A of Judicial Record to be preserved permanently - The following documents belonging to Part A of a judicial record shall be preserved permanently, namely: In Civil Cases (1) The Index. (2) The judgment of the Court. (3) The decree of the Court. (4) Unreturned deeds namely : (i) A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881). (ii) A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882). (iii) A trust as defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882). (iv) A Will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925) including any other testamentary disposition by whatever name called. (v) Any contract for the sale or conveyance of immovable property or any interest in such Property. (vi) Any original document pertaining to Lease Deed, Birth/Death/Marriage certificate, Nikahnama, Family Settlement/Compromise Deed, Passport, Driving License, Bank Guarantee, Demand Draft, Share Certificate, Debenture, Bond or such other documents as directed by the Court to be retained. (5) One copy of the printed paper book in all cases in which a paper book is printed in other cases copies of the judgments of the Courts below and the memorandum of appeal presented in the High Court. In Criminal Cases (1) The Index. (2) The judgment of the Court. (3) Warrants of commitment or execution, when returned. (4) Unreturned deeds namely : (i) A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881). (ii) A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882). (iii) A trust as defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882). 6 | DELHI GAZETTE: EXTRAORDINARY | PART II-I (iv) A Will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925) including any other testamentary disposition by whatever name called. (v) Any contract for the sale or conveyance of immovable property or any interest in such Property. (vi) Any original document pertaining to Lease Deed, Birth/Death/Marriage certificate, Nikahnama, Family Settlement/Compromise Deed, Passport, Driving License, Bank Guarantee, Demand Draft, Share Certificate, Debenture, Bond or such other documents as directed by the Court to be retained. (5) One copy of the printed paper book in all cases in which a paper book is printed in other cases copies of the judgments of the Courts below and the memorandum of appeal presented in the High Court." NOTE: THESE AMENDMENTS SHALL COME INTO FORCE FROM THE DATE OF THEIR PUBLICATION IN THE GAZETTE. By Order of the Court, ARUN BHARDWAJ, Registrar General Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. VINOD KUMAR | Digitally signed by VINOD KUMAR Date: 2026.07.09 16:31:08 +05'30'