2009 (1) TMI 551

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.... 271993 to 1-3-1993; (3) the copy of the suit register containing list of suits filed before the senior Civil Judge Delhi for the period from 25-2-1993 to 1-3-1993 from the PIO, Tis Hazari Courts, District and Sessions Judge. Delhi. The PIO replied dated 26-8-2008 stating that an application can be moved for obtaining certified copies of judicial file/record before the concerned copying agency and get certified copies of the same as desired by the applicant from the copying agency. 2. Not satisfied by the reply from the PIO the appellant filed First Appeal on 1-9-2008. First Appellate Authority ordered : 3. Since a person who is entitled to obtain a certified copy of a document or record u/s 76 of the Evidence Act, he is ....

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....ofession or not. 6. The appellant states that : 1.       The document/record is a public document held by the PIO and ought to be given to the appellant. 2.       No third party information is requested for and even if it is requested the procedure under RTI Act should be followed by the PIO. 3.       The RTI Act does not debar the information/documents which may be covered by the Section 76 of the Evidence Act. The RTI Act has and overbidding effect and is the latest statute and should prevail accordingly. 7. The order is reserved. Decision given on 27 January, 2009 : 8. The denial by the PIO is based on the three c....

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....st appellate authority's has stated that under Section 22 of the Hindu Marriage Act, 1955 a copy of the judgment passed by a Matrimonial Court cannot be supplied. The RTI Act at Section 22 has clearly stated, 'The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.' Hence unless there is a provision in the RTI Act to deny the information, it will have to be provided. 13. No claim has been made by the PIO of any exemption under the RTI Act to deny the information. If a public authority has a process of disclosing certain information....