2015 (12) TMI 318

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....ingular question involved in this petition is whether the certified copy of documents obtained under Right to Information Act, 2005 (for brevity, the 'Act of 2005') can be admitted as secondary evidence ? 2. The defendant No.1 preferred an application under Section 65 of the Evidence Act before the court below. It is contended in the said application that the petitioner/defendant No.1 has....

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....t of Section 63 of the Evidence Act. Lastly, it is contended that the copies obtained under the Act of 2005 are, at best, "attested" or "true" copies and cannot be treated as certified copies. 4. Shri J.P.Shrivastava, learned counsel for the respondent No.1 supported the order and relied on certain provisions of the Act of 2005. 5. No other point is pressed by learned counsel for the parties. 6....

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....ty and includes the right to- -  (i) xx xx xx  (ii) taking notes, extracts, or certified copies of documents or records. 6. Clause (f) of Section 65 of Evidence Act makes it crystal clear that a certified copy permitted under the Evidence Act or by any other law in force can be treated as secondary evidence. Right to Information Act, in my view, falls within the ambit of "by any oth....