AI Overview...
-
RTI Documents as Evidence - Documents obtained under the Right to Information Act can be marked as evidence if they are true copies of public documents certified by designated authorities such as PIOs. However, the admissibility depends on proper certification and examination of the issuing authority. Objections regarding their authenticity can be raised, but courts have held that certified copies under RTI are generally admissible as secondary evidence Datti Kameswari VS Marrapu Lakshmunaidu - Current Civil Cases, Datti Kameswari VS Singam Rao Sarath Chandra - Andhra Pradesh.
-
Authority to Mark RTI Documents - The marking of RTI-obtained documents requires examining whether they are public or private documents and whether they have been properly certified by authorized officials. Merely possessing a document under RTI does not automatically confer the authority to mark it as evidence; the document must be examined to establish its authenticity and proper certification Kumarpal N. Shah (since deceased) through Lrs. Mrs. Tarunbala Kumarpal Shah (wife of the deceased Plaintiff) VS Universal Mechanical Works Pvt. Ltd. - Bombay, Sharad Chandra @ Sarat Chandra VS State of Rajasthan - Rajasthan.
-
Examination of Authorising Authority - Courts stress the importance of examining the authority that issued or certified the documents before marking them. Without such examination, RTI documents cannot be deemed admissible or properly marked as evidence. The authority's role is crucial to establish the document's credibility and authenticity Datti Kameswari VS Singam Rao Sarath Chandra - Andhra Pradesh, Manoj Kumar Tiwari VS Manish Sisodia - Delhi.
-
Legal Standards for Certification - Certified copies from RTI are considered valid if certified by the designated Public Information Officer or competent authority. The courts have clarified that such certification suffices for admissibility, provided the certification is genuine and the document is examined for authenticity Datti Kameswari VS Marrapu Lakshmunaidu - Current Civil Cases.
-
Limitations and Objections - Objections can be raised regarding the nature (public/private) or certification of RTI documents. Courts have held that unless objections on authenticity or proper certification are raised and proved, RTI documents can be marked and used as evidence Kumarpal N. Shah (since deceased) vs M/s. Universal Mechanical Works Pvt. Ltd. - Bombay.
Analysis and Conclusion:
RTI documents can be marked as evidence only after proper examination of the authorizing or issuing authority to verify their authenticity and certification. Simply possessing or producing RTI-obtained copies does not suffice; courts require that these documents be examined to establish their credibility. Without such examination and proper certification, RTI documents cannot be considered fully admissible or marked without scrutinizing the authority that issued or certified them. Therefore, RTI documents cannot be marked as evidence without examining the authorizing authority issuing or certifying them.
Search Results for "Rti Documents Cannot be Marked Without Examining Authorise Authority Issuing Authority"
2019 0 Supreme(Bom) 1174 • India - Bombay
DAMA SESHADRI NAIDU
and 2 are public documents, and they have been supplied by a competent authority, in terms of Section 74 of Indian Evidence Act - ... execution, say by a registering authority, that document per se does not become a public document - But the entry in the official ... are public documents or private documents sought to be marked through PW1, from whom they originate - At any rate, over the documents ... In Datti Kameswari, a learned ....
• India - Bombay High Court
DAMA SESHADRI NAIDU, J
document distinction crucial, allowing documents marked through witness unless objections on authenticity are raised. ... ... ... Issues: Whether documents marked through the witness are admissible, and if objections regarding their nature as public or ... , and the initial ruling allowed certain documents based on RTI standards. ... In Datti Kameswari, a learned Single Judge of the High Court of Andhra Pradesh has held that the copies obtained under the R....
• India - Current Civil Cases
A.RAMALINGESWARA RAO
Evidence Act, 1872 — Section 65 — Certified Copy — Xerox copy certified by designated PIO under RTI Act of private documents — HELD ... copies of public documents. ... Act of private documents — HELD — True copies of public documents certified by designated Information Officer can be taken as certified ... The respondent-tenant filed certain documents obtained under the Right to Information Act and an objection was taken by the petitioner herein that those d....
2015 0 Supreme(Raj) 1135 • India - Rajasthan
SANDEEP MEHTA
who has the authority to prove it. ... witness box – Trial court observed that the IO cannot be opposed by such documents now although the accused can ask questions about ... – A document which is out of the definition will be proved to be a public document after examining the transcriber or any witness ... Nonetheless, the accused can generally question the witness regarding the circumstances emanating from such documents even without actually confr....
2015 0 Supreme(AP) 797 • India - Andhra Pradesh
A.RAMALINGESWARA RAO
obtained under the Right to Information Act and an objection was taken by the petitioner herein that those documents cannot be marked ... copies, whereas in C.R.P. documents now sought to be produced are true copies of registered sale deeds, they can be marked as secondary ... be permitted to be marked as a single exhibit, by order. ... The respondent-tenant filed certain documents obtained under the Right to Information Act and an ....
2021 0 Supreme(Kar) 172 • India - Karnataka
P.B.BAJANTHRI
Section 34 - Preliminary notification - Acquisition of Land - Revenue - Possession of subject land Respondent No.1 - Development Authority ... Learned counsel for Sri A Suklal presented 5 documents before the Regional Commissioner along with representation dated 05.06.2020. Anubandha-10 (Annexure 10) marked by the Regional Commissioner is only a xerox copy and not certified by any authority. ... Act, 1976 (Hereinafter referred to as 'BDA Act' for short) while issuing notification. ... /64-65 and RTC ....
2014 0 Supreme(Bom) 955 • India - Bombay
MOHIT S.SHAH, M.S.SANKLECHA
The petitioner claimed that SEBI did not have the legal authority to call for CDRs and sought directions to cease and refrain from ... The court addressed the scope of SEBI's authority under the SEBI Act and the safeguards necessary to prevent misuse of the power ... Final Decision: The court disposed of the public interest litigation, affirming SEBI's authority to call for CDRs from TSP ... Therefore, it is made clear that such a power cannot be exercised by SEBI for conducting a fishing enquiry. It cannot#HL....
• India - Delhi
ANU MALHOTRA
The Trial Court, after examining the evidence adduced by the complainant, summoned the petitioners to face trial for the alleged ... The Trial Court, after examining the evidence adduced by the complainant, summoned the petitioners to face trial for the alleged ... The High Court held that the Trial Court had erred in summoning the petitioners without considering the provisions of Section 65B ... The objection is that they were marked before the trial court without a certificate as required by Section 6....
2015 0 Supreme(Guj) 983 • India - Gujarat
C.L.SONI
and lay down two different procedures and they provide two different remedies-One cannot be a substitute for other-Nature of power ... Right to Information Act, 2005-Sections 17 and 18-Right to information-Sections 18 and 19 of the Act serve two different purposes ... or things; ... (b) requiring the discovery and inspection of documents; ... (c) receiving evidence on affidavit; ... (d) requisitioning any public record or copies thereof from any court or office; ... (e) issuing summons for examination .....
2014 0 Supreme(AP) 147 • India - Andhra Pradesh
DAMA SESHADRI NAIDU
SERVICE LAW - Punishment – Independent application of mind by disciplinary authority is mandatory---Disciplinary authority cannot ... of punishment cannot be based on surmises and conjectures. ... act on dictates of Chief Vigilance Officer---Order of punishment based on instance of another person cannot be sustained---Order ... ... During the course of departmental enquiry, the Manager marked 21 documents – MEX-1 to MEX-21, whereas the defence has marked#HL....
Filter by Legal Phrase
