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Narayan Singh Versus Kallaram @ Kalluram Kushwaha And Others

2015 (12) TMI 318 - MADHYA PRADESH HIGH COURT

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 India”. The definition of “right to information” makes it clear that certified cop .....

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rdance 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 certified copy of documents obtained under Right to Information Act, 2005 (for brevi .....

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r 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 that copies obtained under the Act of 2005 were not compared with the original docu .....

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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 document, but no other kind of secondary evidence, is admissible. Right to Information .....

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