Court : Andhra Pradesh
Reported in : 2004(1)ALD620; II(2004)BC364
..... in the circumstances, the authorities on which the learned counsel for the petitioner relied are inapplicable to the facts of the present case. 18. the reliance placed on freedom of information act is therefore is mis-conceived. the petitioner's request for water lead charges as well as correction of mistake in the tender schedule was not considered and it was ..... 19 of the constitution as well as article 19 of universal declaration of human rights. the parliament passed the bill enacting the freedom of information act, 2002 on 6.1.2003. as per sub-section (3) of section 1 of the act, it shall come into force on such date as the central government may, by notification in the official gazette, appointed ..... learned counsel for the petitioner submits that the petitioner has a fundamental right to freedom of information under article 19(1)(a) and 19(1)(g) of the constitution of india. she also relies on the freedom of information act, 2002 (central act no. 5 of 2003, hereinafter called as 'the act'). she placed reliance on the decision of the supreme court in banamali das v ..... of sovereignty, integrity, security of india, friendly relations with foreign states, public order, decency or morality. the right to information therefore must also be held subject to certain restrictions.10. the learned counsel for the petitioner lays emphasis on the freedom of information act, 2002. it is therefore, necessary to notice salient features of this enactment. in the chief ministers' conference on ' .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2009AP73; 2009(1)ALT700
..... national advisory council deliberated on the issue of ensuring greater and more effective access to information in the background of freedom of information act. they suggested important changes to be incorporated in freedom of information act to ensure smoother and greater actions to information. in tune with council's suggestion, government of india decided to make number of changes ..... is to provide for setting aside practical regime of right to information for citizens to secure access to information under the control of ..... information officers, penal provisions for failure to provide information, provisions to ensure maximum disclosure and minimum exemptions, consistent with constitutional provisions, and effective mechanism for access to information. in that direction, right to information act, 2005, was enacted repealing freedom of information act, 2002. rti act came into force with effect from 21.6.2005. preamble of rti act announces that new act (rti act) ..... issue was deliberated by group of ministers in accordance with article 19 of constitution and article 19 of udhr. the bill enacting freedom of information act, 2002, was passed on 06.1.2003. but the same could not be brought into existence by notifying date of enforcement .....Tag this Judgment!
Court : Delhi
Reported in : 166(2010)DLT305; 2010(1)KarLJ472
..... can reasonably be secured from any part that contain exempt information.58. philip coppel in his monumental work 'information rights' (2nd edition, thomson, sweet & maxwell 2007) explains the holding requirement in the context of freedom of information act, 2000 (uk), thus:'when information is 'held' by a public authorityfor the purposes of the freedom of information act 2000, information is 'held? by a public authority if it is ..... held by the authority otherwise than on behalf of another person, or if it is held by another person on behalf of the authority. the act has avoided the ..... of the submissions made before him, the learned single judge concluded against point nos. 1 and 2 that the cji is a public authority under the right to information act and holds the information pertaining to asset declarations in his capacity as the chief justice. it was also held that the office of the chief justice of india is 'public authority' ..... this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of his choice.india has ratified the iccpr. section 2(d) read with 2(f) of the protection of human rights act, 1993 clarifies 'human .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2009Cal97
..... order, decency or morality, or to relation to contempt of court, defamation or incitement to an offence.43. the parliament had enacted the freedom of information act, 2002. however, it was considered weak and to ensure greater and more effective access-to information, the need was felt to make it more progressive, participatory and meaningful. accordingly, it was decided to repeal the 2002 ..... that it has been decided that henceforth no inspection of any answer script of any examination conducted by the university shall be allowed to any applicant under the right to information act, 2005.3. feeling aggrieved by the said order, pritam preferred the writ petition seeking production of the answer scripts before the hon'ble court for revaluation/re-examination ..... inclusive part of section 2(j) would come into operation. according to him, right to information under the rti act is confined to public domain and answer scripts written by an examinee is relatable to private/personal information which is not guaranteed as incidental to the right of freedom of speech protected by article 19(1)(a) of the constitution. article 19(2) ..... by his adversary mr. mitra conceded that the concept of 'right to information' is recognized to be embedded in and/or is a corollary to the fundamental right of 'freedom of speech and expression' as guaranteed under article 19(1)(a) of the constitution of india; however, the rti act has streamlined and harmonized the various conflicting interests arising out of such .....Tag this Judgment!
Court : Kerala
Reported in : 2010(1)KLT691
..... amplitude of the statute law relating to the field of freedom of, and right and access to, information shows that information in relation to private bodies would be 'information' for the purpose of the rti act in as much as they would be accessible information, using different other legislative provisions. in the freedom of information act, 2002, for short, the 'foi act', which was the predecessor and which stands repealed by ..... section 31 of the rti act, 'information' meant only materials relatable to the administration ..... , operations or decisions of a public authority. but, under section 2(f) of the rti act, 'information' includes information relating to any private body which .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2008Cal118
..... the said act is section 3, which includes the word that is apparently left unsaid in it. every previous word in the statute builds up to an absolute ..... of some importance, that is raised in the present petition under article 226 of the constitution is whether an examinee has access to his evaluated answerscript under the right to information act, 2005.2. the petitioner appears to be a reasonably meritorious student. he obtained 91.6 per cent in his madhyamik (class x) examinations and 80.8 per cent in ..... eleven sections, including section 22 that provides that the said act would have overriding effect; section 23 that bars jurisdiction of courts; section 24 that provides that the act would not apply to certain organisations; the transitional provision of the power to remove difficulties in section 30; and the repeal of the freedom of information act, 2002 in section 31.55. at the heart of ..... association of bengal) to emphasise the virtues of information percolating to the least privileged citizen and the recognition therein of the liberty of circulation and the liberty of publication being adjuncts to the freedom of speech and expression, the university cautions against the principle being twisted out of context to render the said act unworkable by making as exacting a demand for all .....Tag this Judgment!
Court : Delhi
Reported in : 2010(1)KarLJ383
..... part of a public record. the decisions relied upon by the learned counsel of the petitioner do not also say that right to information is absolute. there are several areas where such information need not be furnished. even the freedom of information act, 2002, to which also reference has been made by the learned counsel of the petitioner, does not say in absolute terms that ..... information gathered at any level in any manner for any purpose shall be disclosed to the public. the inquiry ordered and the report made to ..... submits that the petitioners' stand that asset declarations and information about who gave declarations not being 'information' is untenable. it is submitted that right to information is now a part of right to freedom of speech, and the act merely confers statutory recognition. the definition of 'information' is sufficiently wide to cover all kinds of records and information. it is submitted that the 1997 resolution was to .....Tag this Judgment!
Court : Delhi
..... made an attempt to do so. the enumeration of exemptions is more exhaustive than the enumeration of exemptions attempted in the earlier act that is section 8 of freedom to information act, 2002. the courts and information commissions enforcing the provisions of rti act have to adopt a purposive construction, involving a reasonable and balanced approach which harmonises the two objects of the ..... act, while interpreting section 8 and the other provisions of the act. xxxx 37. the right to information is a cherished right. information and right to information are intended ..... strictly, literally and narrowly. this may not be the correct approach. the act seeks to bring about a balance between two conflicting interests, as harmony between ..... should be read in harmony with the exclusions/exemptions in the act. xxxx 33. some high courts have held that section 8 of rti act is in the nature of an exception to section 3 which empowers the citizens with the right to information, which is a derivative from the freedom of speech; and that therefore section 8 should be construed .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2009(2)ALT500
..... early to say that any perfection, in this regard, has been achieved.4. the parliament enacted the freedom of information act in the year 2002. this was repealed by the right to information act, 2005 (for short 'the act'). the act confers upon the citizens, the right to information, subject to other provisions thereof. section 4 creates an obligation on every public authority to maintain various ..... case later than five days from the date of receipt of the application.14. an individual, who wants to secure information from a public authority, has to make an application in the prescribed form. the act is an improvement over the freedom of information act 2002, in that, it ensures that the applicant cannot be required to give the reasons for requesting the ..... information. the same is evident from sub-section (2) of section 6 of the act.15. the word 'information' is defined under clause (f) of section 2 of ..... the act, which reads as under:section 2(f): 'information' means any material .....Tag this Judgment!
Court : Delhi
Reported in : 141(2007)DLT371
..... ministry of health & family welfare, nirman bhawan, govt. of india with your office regarding the verification of my status as scheduled tribe. as per the freedom of information act, 2002 no. 5 of 2003 notified by the ministry of law & justice (legislative department), govt. of india which extends to the whole of india except ..... to your letter no. dc(ccp)/jdi/96-16 dated 15.3.2003 on the subject cited above, in this connection i would like to inform you that discreet verification and local inquiry appears to have already been conducted by the office of sub-divisional officer, thanlon sub-division in the ..... alive and at present living at village and my village and my adoptive father had expired in the year 1991. i would also like to inform and request you that all the expenditure incurred on the dna test shall be borne by the department at your end. kindly acknowledge the receipt ..... willingness to undergo the highly sensitive test of dna comparison with my natural mother and my adoptive father. in this connection, i would like to inform that i am willing to undergo the highly sensitive dna test, which can be done anywhere in india. in may also be pertinent to mention ..... the state of jammu & kashmir in which it is obligatory on your part to supply the required information or records which includes any documents, manuscripts and .....Tag this Judgment!