1. The Hindu Urban Cooperative Bank Limited VS State Information Commission - 09 May 11
IMPROTANT POINTSRight to Information--Punjab Cricket Association, Mohali enjoying tax explanation--RTI Act will apply.Right to Information--Private Aided Schools--Received financial and from Govt. in form of relaxation in lease rules in allotment of land and also grant of salaries against sanctioned posts--Comes under preview of RTI Act.Public Authority--Cooperative Societies, Banks, Sugar Mills, Aided Schools, Clubs and Institutions registered under provision of Punjab/Haryana Cooperative Societies Acts would be covered under preview of RTI Act.
(A) Right to Information Act, 2005, S.2(h)--Scope of--Right to Information was formulated to proclaim and create a personal regime ... ... (G) Right to Information Act, 2005, S.2(h)--Right to information ... of right to information for citizens for a layer public interest in a democratic republic of the country. ... That means, the RTI Act was formulated to proclaim and create a personal regime of right ... According to section 2(j), “right to information” means the right to information accessible under ... The RTI Act is a mode of access to information.
India - Punjab
2. Registrar, Supreme Court of India VS R. S. Misra - 21 Nov 17
Right to Information Act, 2005 - Sections 4(2), (3), (4), 6 - Judicial information - Information through RTI ... Right to Information Act, 2005 - Sections 4(2), (3), (4), 6 - Judicial information - Information through RTI ... Constitution of India, 1950 - Article 145 - Supreme Court Rules, 2013 - Order 5 Rule 37 - Right to Information ... of the RTI Act shall override the SCR. ... The RTI is with respect to Public Authorities. ... Luthra contended that as there is no inconsistency between the RTI Act and the SCR, the RTI Act will not have an overriding effect
India - Delhi
3. Central Public Information Officer Vigilance Organisation Southern Railway VS T J Jayesh - 19 Jan 23
Right To Information Act, 2005 - Section 8(1)(e), (1)(h) - RTI application - Information sought is restricted ... 1)(e) of RTI Act, 2005 and information sought in serial no. 3 is exempted from disclosure under section 8(1)(h) of RTI Act, 2005 ... - Petitioner disposed of RTI application by stating that information sought in serial no. 1 and 2 is restricted under Section 8( ... The RTI Applicant/ Respondent had filed an RTI Application dated 2nd January, 2021 seeking the following information. ... 3 is exempted from disclosure under section 8(1)(h) of RTI Act, 2005. ... 1 and 2 is restricted under Section 8(1)(e) of RTI Act, 2005 and the information sought in serial no.
India - Delhi
4. CHIEF INFORMATION COMMISSIONER VS HIGH COURT OF GUJARAT - 04 Mar 20
Information held by High Court on judicial side are "personal information" of litigants.Process of court cannot be abused under guise of seeking information under the RTI Act.There is no inconsistency between Rule 151 of High Court Rules and section 6(2) of RTI Act.For information to be accessed/certified copies on the judicial side to be obtained through the mechanism provided under the High Court Rules, the provisions of the RTI Act shall not be resorted to.
Act - Such information would be covered under section 8, RTI Act, 2005. ... Obtaining information from High Court - Information on administrative side of High Court can be obtained under RTI ... (Para 28, 29, 31)(e) Right to Information Act, 2005 - Section 4 ... , the RTI Act must prevail. ... the High Courts under RTI Act. ... Right to information is subject to exceptions or exemptions stated in Section 8(1)(a) to 8(1)Q) of the RTI Act.
India - Supreme Court
5. Central Public Information Officer, Supreme Court of India VS Subhash Chandra Agarwal - 13 Nov 19
The Chief Justice and the Judges together form and constitute the ‘public authority’, that is, the Supreme Court of India. Chief Justice of India is the head of the institution and neither he nor his office is a separate public authority. Same applies to High Courts.Right to information is not absolute. Prohibitory stipulations in Clauses (a), (b), (c), (f), (g), (h) and (i) of section 8(1) incorporate absolute exclusions. On the other hand, Clauses (d), (e) and (j) of Section 8(1) incorporate qualified prohibitions and are conditional and not absolute exemptions. Disclosure u/s 8(2) by the public authority is not mandatory or compulsive but discretionary.One’s right to information and other’s right to privacy and confidentiality both must be harmonized.PIO has to weigh the advantages and benefits of disclosing the information with the possible harm or injury to the third party on the information being disclosed. The questions of transparency and openness in judicial appointments, and confidentiality of deliberations cannot be answered in absolute terms.In matters of information on declaration of assets by the judges of the Supreme Court fiduciary relationship rule in terms of clause (e) to Section 8(1) is inapplicable.Right to speech and expression - Includes right to information. There is an urgent requirement for integrating the principles of data protection into the right to information jurisprudence.Independence of judiciary though not a new concept, its meaning is still imprecise.Section 8 balances interests between privacy right of individuals whose information may be disclosed and broader public interest in ensuring transparency, accountability and an informed electorate.Right to Information Act, 2005 being a legislation to pursue a legitimate state aim of ensuring, transparency and accountability of government and an informed electorate, is Constitutionally valid.Certain category of information such as medical information, details of personal relations, employee records and professional income can be classified as personal information.Broad principles as to how the phrase “public interest” is to be understood laid down. PIO should record reasons for denying discloser.The information with respect to which judges of the Supreme Court have declared their assets does not constitute the “personal information” of the judges and does not engage the right to privacy. The contents of the declaration of assets would fall within the meaning of “personal information” and the test set out under clause (j) of clause (1) of Section 8 would be applicable along with the procedure under Section 11. The basis for the selection and appointment of judges to the higher judiciary must be defined and placed in the public realm. Substantive standards which are borne in mind must be formulated and placed in the public realm.
to information’ - Right to information is not absolute. ... of data protection into the right to information jurisprudence. ... (a) Right to Information Act, 2005 - Section 2(e) and (h ... “RTI Act”. ... the RTI Act. ... of the RTI Act.
India - Supreme Court
6. T. Venkatesan VS Joint Director of School Education, Chennai - 15 Dec 21
Constitution of India, 1950 - Article 226 - Writ of Certiorarified Mandamus - Right to Information Act, ... Section 8 (1) (g) - To furnish copy of documents and statements sought by petitioner in his application - Application submitted under RTI ... his case – Held, it is always nature of information sought for, is factor to be considered for purpose of invoking Section 8 of RTI ... with the provisions of the RTI Act and not otherwise. ... the respondents to furnish copy of the documents and statements sought by the petitioner by application dated 26.12.2008 under Right ... to Information Act, 2005 [hereinafter referred to as the -RTI Act-] p id="21001410990002" name="21001410990002" align
India - Madras
7. G. Basavaraju VS Arundathi - 27 Jan 09
Subsequently, he filed a complaint before the Commission against the second accused under Section 18(1) of the RTI ... to Information Act, 2005 ('RTI Act' for short) requesting to furnish, a copy of the letter dated 23-12-2006 addressed to the Bangalore
India - Karnataka
8. Sharad Dewangan, S/o Late Shri Sundar Lal Dewangan VS State of Chhattisgarh, Through the Development Commissioner - 06 Aug 18
Constitution of India, 1950 - Article 226 - Right to Information Act, 2005 - Sections 7 and 19 - Right to ... information is a cherished right - Powers and functions of Commission - Claiming above-stated right to information, petitioner made ... second appellate authority / State Information Commission - State Information Commission in the appeal preferred under Section 19 of RTI ... Claiming the above-stated right to information, the petitioner made an application under Section 7 of the Right to Information Act ... The right to information is a cherished right. ... of civil court under Section 18 of the RTI which states as under: - “18.
India - Chhattisgarh
9. S. Robinson VS Tamil Nadu State Information Commission - 13 Apr 17
Constitution of India - Article 226 - Right to Information Act, 2005 - Section 6(1) and 19(1) - Registered ... sale deeds - Seeking quashment of the order - Seeking certain information regarding two registered sale deeds - In response to RTI ... satisfaction of petitioner - Petitioner was therefore constrained to file appeal before second respondent under Section 19(1) of RTI ... Section 2(j) of the RTI Act speaks of "the right to information accessible under this Act ... Act, particularly, Sections 4, 8 and 22 of the RTI Act, I am unable to persuade myself that RTI Act can be invoked for all purposes ... The case of the petitioner is that he preferred an application on 08.06.2012 under Section 6(1) of the Right to Information Act,
India - Madras
10. Association of St. Christopher's College of Education VS State Information Commissioner - 20 Mar 19
Civil Procedure Code,1908 - Section 18(3) - Right to Information Act, 2005 - Sections 8(1)(e)(j),11 and ... Collection of Fees Rules, 2009 - Rules 4,4(4),4(5) - Constitution of India,1950 - Article 14 - Challenge - Connected queries in RTI ... to Information Act 2005 for connected queries in RTI application filed by third respondent and prosecuted by fourth respondent in ... to Information Act, 2005 (hereinafter referred to as “the RTI Act”), for the connected queries in the RTI application filed by the ... The appellant claimed exemption in terms of Section 8(1)(j) of the RTI Act. ... (C) No. 85 of 2010: dated 24.11.2014 while considering the scope of Section 8(1) of the RTI Act, in a matter pertaining to a query
India - Madras