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NAVEEN ARICHWAL (Senior Resident Emergency medicine)     30 January 2014

Rti & replies- implications of evidence act

I have several RTI and their Reply that expose a Builder in Faridabad , is Building , marketing a Group Housing without License and Land . The Builder is ready to compromise with me and shift me to other Legal Project, and i am willing to do That too.

Now there are several other buyers who want the same RTI & Replies so that they can use those andtake Legal action against the Builder.

I have read some where about the Evidence Act . 

I want to share the original RTI with them, but i am ready to compromise with the Builder as he is fullfilling my Demand of a Legal Home. 

My question is Should i hand over RTI original copy to others. What are the Implications as per evidence act and i fear that these RTI can cause harm to my Understanding with the Builder.

Pls advice me . Thanks



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 January 2014

OF DOCUMENTARY EVIDENCE

61. Proof of contents of documents—The contents of documents may be proved either by primary or by secondary evidence.

62. Primary evidence—Primary evidence means the document itself produced for the inspection of the Court.

Explanation 1—Where a document is executed in several part, each part is primary evidence of the document.
Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.

Explanation 2—Where a number of documents are all made by one uniform process, as in the case of printing, lithography, or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence, of the contents of the original.

Illustrations

A Person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other but no one of them is primary evidence of the contents of the original.

63. Secondary evidence—Secondary evidence means and includes—

(1) certified copies given under the provisions hereinafter contained;1

(2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and compared with such copies;

(3) copies made from or compared with the original;

(4) counterparts of documents as against the parties who did not execute them;

(5) oral accounts of the contents of a document given by some person who has himself seen it.
 

NAVEEN ARICHWAL (Senior Resident Emergency medicine)     02 February 2014

Sir this is too tecknical Pls sugest me in Lay mans language about my Primary question.


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