Right to Information Act, 2005, Section 22, Gujarat High Court Rules, 1993, Rule 151 -- Right to information - Overriding effect of RTI Act - Information to be accessed/certified copies on judicial side to be obtained through mechanism provided under High Court Rules and , provisions of RTI Act not to be resorted to...........
Right to Information Act, 2005, Section 22, Gujarat High Court Rules, 1993, Rule 151 -- Right to information - Overriding effect of RTI Act - No inconsistency of High Courts Rules with provisions of RTI Act - Rules neither prohibit nor forbids dissemination of information or grant of certified copies of records - Difference is only insofar as stipulation of filing an..........
Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of document - Document sought to be summoned by plaintiff was a public document and it could have been produced after obtaining certified copy of same - Defendant specifically denied that document in question is in their possession, thus same can be summoned from revenue Department, as same is in possession of..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Certified copies of documents sought to be produced by plaintiff without wishing to lead any further oral evidence in support thereof - No harm would be done to defendants, as it would not delay suit any further for want of witnesses coming forward to testify in support of those documents -..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified copy of family settlement - Original family settlement was lost as alleged by plaintiff - However, neither FIR was lodged by plaintiff with regard to loss of original family settlement nor any evidence was produced by him before trial Court that an effort was made for searching out the same nor any time or..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copies of public documents - Plaintiff sought permission to lead secondary evidence with regard to certain documents, which are public documents - Said documents being public documents, certified copies thereof could have been obtained by plaintiff and could be produced before trial Court, but the same has..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Documents sought to be produced are certified copies whose photocopies were filed alongwith written statement - Documents in question are relevant and no prejudice is caused to plaintiffs - Order allowing production of documents subject to payment of costs of Rs.1,000/- - Order upheld...........
Consumer Protection Act, 1986, Section 12 -- Sale of apartment - Delay in delivery of possession - Possession was to be delivered by 28.3.2011, with a grace period of three months - Though sale deed records that possession was handed over but it is clear from the contemporaneous record that it was only on 28.08.2014 that all the keys of apartment were handed over to..........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents of earlier proceedings sought to be produced which are plaint, written statement and corresponding orders passed by Court in earlier proceedings - Suit is for recovery of possession after serving a notice u/s 106 of T.P Act - Nothing more is required to be gone into..........
