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RTI reply - court matters -


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hello,

 

are RTI replies from govt offices acceptable in the court of law on civil cases.

i have a civl suit pending and i am on the defendant side.

recently came across a forgery of a ownership transfer forgery as confirmed by the RTI reply .. can i refer the same in the written statement and if the plaint request for proof, can i submit this RTI reply.

 

basically, what sort of a standing does RTI replies has in the court matters for submitting as proofs

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Prasad GLN

Go through Sec.76 of Indian Evidence Act, as every Public document is documentary evidence. When a Public authority gives a letter it becomes a document defined under this section. However, whether the officer is to be examined or not should be decided by Court. In such cases it is proper to file evidence, pray Court for examining the official as witness on his behalf.

The document can be filed with written statement as documentary evidence.

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VforVendetta

Indian Evidence Act :

 

Section 76. Certified copies of Public Documents

 

Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officers with his name and his official title, and shall be sealed whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies.

 

Explanation

 

Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.

 

 

Sent from my iPhone using RTI INDIA

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VforVendetta

As per Indian Evidence Act :

 

 

“Document” —

 

“Document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. Illustrations A writing 5 is a document; Words printed, lithographed or photographed are documents; A map or plan is a document; An inscription on a metal plate or stone is a document; A caricature is a document.

 

“Evidence” means and includes —

 

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence;

(2) 6 [all documents including electronic records produced for the inspection of the Court], such documents are called documentary evidence. “Proved” .—A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. “Disproved”. — A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. “ Not proved”. — A fact is said not to be proved when it is neither proved nor disproved.

 

 

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Prasad GLN

There is also Delhi HC judgment in Suprme Court CPIO vs. Subhash Chandra Agarwal that all documents obtained under RTI are public documents.

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koteswararaonerella

in addition I am to add while asking for information under RTI the applicant need to ask for CERTIFIED COPY OF INFORMATION which will be more powerful, legal though other information may also be acceptable.

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