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2015 (12) TMI 318

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..... 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 .....

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..... of documents obtained under Right to Information Act, 2005 (for brevity, the 'Act of 2005') can be admitted as secondary evidence ? 2. The defendant No.1 preferred an application under Section 65 of the Evidence Act before the court below. It is contended in the said application that the petitioner/defendant No.1 has obtained certified copies of map of the house and building constructi .....

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..... e copies obtained under the Act of 2005 are, at best, attested or true copies and cannot be treated as certified copies. 4. Shri J.P.Shrivastava, learned counsel for the respondent No.1 supported the order and relied on certain provisions of the Act of 2005. 5. No other point is pressed by learned counsel for the parties. 6. I have heard learned counsel for the parties and perused the .....

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..... (ii) taking notes, extracts, or certified copies of documents or records. 6. 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 .....

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