Public Documents & Certification - True copies of public documents certified by a designated Public Information Officer (PIO) are recognized as certified copies and are admissible as evidence. Such copies can be obtained under the RTI Act without the need for further examination of the original documents. The certification by the PIO ensures their authenticity Datti Kameswari VS Marrapu Lakshmunaidu - Current Civil Cases, Datti Kameswari VS Singam Rao Sarath Chandra - Andhra Pradesh, Smt. Sunehara Ansari vs Iftekar Ansari - Madhya Pradesh.
Admissibility of Documents - Documents obtained under RTI, once certified by the PIO, are admissible as secondary evidence without requiring examination of the original. The court can admit these copies directly, streamlining evidence submission Smt. Sunehara Ansari vs Iftekar Ansari - Madhya Pradesh.
Examination of Records & Evidence - When marking documents, especially public records or those originating from public officers, it is essential to examine their relevance, authenticity, and admissibility. The court may require cross-examination or proof to establish the document's status as a public document Kumarpal N. Shah (since deceased) through Lrs. Mrs. Tarunbala Kumarpal Shah (wife of the deceased Plaintiff) VS Universal Mechanical Works Pvt. Ltd. - Bombay, Alia Mangamma VS Bhimireddi Venkata Reddi - Andhra Pradesh.
Marking Documents & Court Procedure - A document cannot be marked without proper examination or proof of its authenticity. For instance, for documents like Ext.P1, the person through whom it is to be marked must be able to testify about its receipt or origin; otherwise, the document's admissibility may be challenged Thundiyil Muhammadali S/o. Kamal, Riffas Manzil VS State of Kerala - Kerala.
Market Value & Land Records - Sale deeds and land records like Adangals are relevant for determining market value but must be properly examined for their correctness and admissibility. The valuation process relies on statutory rules and proper verification of such documents Land Acquisition Officer And dy. Director of Social Welfare, Nizambad VS G. Narayana Rao - Andhra Pradesh, Kutch Construction Industries & Rehabilitation Federation VS State of Gujarat - Gujarat.
Role of the Court & Evidence Evaluation - Courts rely on certified copies and properly examined records. They cannot base decisions solely on unexamined or improperly marked documents. The integrity of evidence, especially public documents, hinges on certification, proper examination, and adherence to procedural rules H. M. T. LIMITED VS CHAYA SRIVATSA - Karnataka, Ponnavolu Sasidar VS Sub-Registrar, Hayatnagar - Andhra Pradesh.
Conclusion:
Without proper examination, proof, or certification by the designated Public Information Officer, documents cannot be marked or admitted as evidence. Certified copies obtained under RTI are admissible but require proper procedural adherence. The authenticity and relevance of documents, especially public records, are crucial for their admissibility in court proceedings.
nbsp;Constitution of India, Articles 226 & 227 - High Court as a reviewing court -cannot perform what ... disciplinary action ... Articles 226 & 227 - High Court as a reviewing Court -cannot ... ... MARKET VALUE - Effect of violation ... & ... evidence, and examining the documents produced by PO. ... Clause 23. 1. 9: Furnishing at the time of employment or thereafter, wrong or incomplete information or suppressing any information germane to the employment. Clause 23.....
— HELD — True copies of public documents certified by designated Information Officer can be taken as certified copies of public ... documents. ... Evidence Act, 1872 — Section 65 — Certified Copy — Xerox copy certified by designated PIO under RTI Act of private documents — HELD ... It provides for designation of a Public Information Officer for obtaining information with exemptions from such discl....
However, the true copies of public documents certified by the designated Information Officer can be taken as certified copies of ... in custody of Government Departments –Held xerox copy certified by the designated Public Information Officer under Right to Information ... obtained under the Right to Information Act and an objection was taken by the petitioner herein that those documents cannot be marked ... It prov....
The sale deeds relied upon by the claimant cannot be relied upon for determining the market value of the land in question, as they ... The sale deeds relied upon by the claimant cannot be relied upon for determining the market value of the land in question, as they ... Fact of the Case: The Land Acquisition Officer (LAO) awarded compensation for the acquired land at Rs. 30,000/- per ... Harisingh Thakur (1) AIR 1979 SC 472, the Supreme Court has held that a sales statement referred to by a Land Acquis....
are public documents or private documents sought to be marked through PW1, from whom they originate - At any rate, over the documents ... execution, say by a registering authority, that document per se does not become a public document - But the entry in the official ... either under Order 7 Rule 14 or under Order 8 Rule 1A of CPC, besides Order 13 Rule 1 - Instead those could be produced for cross examining ... In Datti Kameswari, ....
The Commissioner appointed to inquire into the mesne profits marked the document subject to proof, relevancy, and admissibility. ... ADMISSIBILITY OF ADANGAL AS PUBLIC DOCUMENT - SECTION 74 OF THE INDIAN EVIDENCE ACT - ADANGAL PREPARED BY KARNAM IS A PUBLIC DOCUMENT ... Issues: Whether the Adangal prepared by the Karnam is a public document within the meaning of Section 74 of the Indian Evidence ... He therefore held that #HL_START....
The certified copies given under the provisions of the Right to Information Act can be admitted in evidence without examining the ... author of the document and without comparing them with originals. ... Issues: Admissibility of document obtained under the Right to Information Act as secondary evidence. ... This view has also been taken by this Court in the matter of Alok Verma (Supra) in which it has been held that certified copies given under the provisions of Right to Informatio....
be relied by the court to convict an accused- If the incriminating materials are not brought to the notice of the accused while examining ... them under Section 313 Cr.P.C., the court cannot use that part of the evidence to convict an accused. ... 42(2) is an important evidence relied by the prosecution and if it is not put to the accused under Section 313 Cr.P.C., the same cannot ... Therefore, the person through whom Ext.P1 is to be marked is PW8. But PW8 is silent about the receipt of Ext.P1. Ext.P1 is marke....
examine any records kept with a public officer. ... is incumbent on the part of the registering authority to make an enquiry either by examining the parties or by gathering information ... Whenever the registering Officer entertains a doubt about the correctness of the valueor consideration stated in the document, it ... He may elicit from the parties concerned, any information having a bearing on the subject and call for and examine any records kept with any #HL_STAR....
Besides, the First Full Bench after examining the Rules governing the determination of the market value in Para 37 concluded the ... issued by the Valuation Organization Department and the principle laid down in Rule 8 for determination of market value are exhaustive ... be said to be unreasonable, arbitrary and invalid and contentions was raised without referring to statutory provisions prescribed ... This would be based upon the information furnished in the instrument by the person p....
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