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2015 (12) TMI 318 - MADHYA PRADESH HIGH COURT

2015 (12) TMI 318 - MADHYA PRADESH HIGH COURT - 2015 (325) E.L.T. 874 (M. P.) - Whether 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 In .....

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f 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. - Writ Petition No. 7860/2014 - Dated:- 19-3-2015 - Shri Sujoy Paul, J For the Petitioner : Shri Manish Sharma, Advocate For the Respondent : Shri J.P.Shrivastava, Advocate ORDER The singular question involved in this petition is whether the cert .....

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herefore, the same be accepted as secondary evidence. 3. The court below by order dated 4.12.2014 allowed the said application preferred under Section 65 of the Evidence Act (Annexure P/4) dated 22.9.2014. Criticizing this order, Shri Manish Sharma, learned counsel for the petitioner, submits that the documents obtained under the Act of 2005 do not fall within the ambit of Sections 63 and 65 of the Evidence Act. Hence, the same cannot be treated as secondary evidence. In addition, he submits tha .....

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ed counsel for the parties. 6. I have heard learned counsel for the parties and perused the record. 7. I deem it proper to reproduce the relevant provisions of Evidence Act and the Act of 2005 before dealing with rival contentions of the parties. Section 65 (f) of Evidence Act reads as under:- 65 (f). when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence; In case (e) or (f), a certified copy of the docume .....

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