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2015 (12) TMI 318 - HC - Indian LawsWhether the certified copy of documents obtained under Right to Information Act, 2005 can be admitted as secondary evidence - Held that:- Clause (f) of Section 65 of Evidence Act makes it crystal clear that a certified copy permitted under the Evidence Act or by any other law in force can be treated as secondary evidence. Right to Information Act, in my view, falls within the ambit of “by any other law in force in India”. The definition of “right to information” makes it clear that certified copies of documents are given to the citizens under their right to obtain information. In my view, the court below has rightly opined that the documents can be admitted as secondary evidence. I do not see any merit in the contention that the documents obtained under the Act of 2005 are either true copies or attested copies. - no legal error in the order of the court below, which warrants interference under Article 227 of the Constitution. The court below has taken a plausible view, which is in accordance with law - Since the documents are covered under section 65 of the Evidence Act, there was no need to compare the same with the originals. - Decided against assessee.
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