Court : Karnataka
Reported in : AIR2009Kant1; ILR2008KAR4105; 2009(1)KarLJ641; 2008(4)KCCR2357
..... constitution of india praying for the following reliefs:(i) to declare that the petitioner-society is not a public authority under the provisions of the right to information act, 2005 (in short 'the act'), and the government notification dated 22.9.2005 at annexure-'b' issued by respondent no. 2-registrar of co-operative societies is not applicable to the petitioner-society, and(ii) to issue ..... binding on the petitioner/society.8. for the reasons stated supra, the petition is allowed holding that the petitioner-society is not a public authority under the provisions of the rti act, 2005. further, the directions issued by respondent no. 2 by communication dated 30.10.2006 at annexure-d is quashed.no costs.9. learned govt. pleader is granted three weeks time ..... the society over the petitioner-society cannot be a good ground to hold the petitioner/society, is a public authority within the definition of section 2(h)(d) of the act, 2005. in support of his contention, learned counsel for the petitioner has cited the following decisions:1. : air2005sc2677 (zee tele films ltd. and anr. v. union of india and ors.) on ..... 30.10.2006 (annexure-d) intimated the chairman of the society stating that under section 2(h)(d) of the act all co-operative societies are public authorities. the respondent no. 1/karnataka information commission, on the basis of the notification dated 22.9.2005, by order dated 1.9.2006 (vide annexure-e) directed the registrar of co-operative societies to seek .....Tag this Judgment!
Court : Supreme Court of India
..... ground other than the five exceptions mentioned in alka subhash gadia's case(supra). mr. rohatgi urged that besides the above, the right of a detenuto information relating to the grounds of detention under section 3 of the right to information act, 2005, was also a circumstance which could not betaken into consideration by the hon'ble judges while deciding alka subhash gadia's case (supra ..... on the five grounds enumerated in the judgment, was no longer good law on account of the subsequent enactment of the right to information act, 2005, here in after referred to as the "r.t.i. act", which came into force on 15th june, 2005.a connected question which was raised was whether the aforesaid decision in alka subhash gadia's case (supra) was per incuriam ..... ) and sayed taher bawamiya's case (supra), were per incuriam, since the hon'ble judges did not have the opportunity to consider the effects of the enactment of the right to information act in 2005.mr. adsure made special mention of the writ petitions filed by choith nanikram harchandai (writ petition (crl) no.88 of 2010) and suresh hotwani & anr.(writ petition (crl) ..... committing similar offences in the future, at least for a period of one year. section 3 of the r.t.i. act, 2005,provides that subject to the provisions of the act, all citizens would have the right to information. section 8, however, makes an exemption from disclosure of information. while setting out the instances in which there would be no obligation to give any citizen .....Tag this Judgment!
Court : Chennai
..... . the only question arises in these five writ petitions is whether a cooperative society registered under the tamil nadu cooperative societies act, 1983 is a public authority within a meaning of section 2(h) of the right to information act, 2005 (for short rti act)?2. the first writ petition in w.p.no.9763 of 2008 is filed by rasipuram cooperative urban bank limited. the ..... 11.....he was to first find out whether the petitioner is a public authority within the definition of section 2(h) of the right to information act. if, yes, then only the act would be applicable and if, no, the said act is not applicable.12....... in view of the fact and legal position discussed earlier, it must be held that the petitioner-bank ..... scc 497 and in paragraph 66 it was observed as follows : 66.the right to information is a cherished right. information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. the provisions of the rti act should be enforced strictly and all efforts should be made to bring to light ..... its enactment in 2005.7. as its preamble shows the act was enacted to promote transparency and accountability in the working of every public authority in order to strengthen the core constitutional values of a democratic republic. it is clear that the parliament enacted the said act keeping in mind the rights of an informed citizenry in which transparency of information is vital in .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (2013)1SCC212
..... misra, jj.1. delay condoned.2. we are, in this case, concerned with the question whether the central information commissioner (for short the cic) acting under the right to information act, 2005 (for short the rti act) was right in denying information regarding the third respondents personal matters pertaining to his service career and also denying the details of his assets and ..... liabilities, movable and immovable properties on the ground that the information sought for was qualified to be personal information as defined in ..... clause (j) of section 8(1) of the rti act ..... and the commission vide its decision dated 15.6.2009 held that the income tax return have been rightly held to be personal information exempted from disclosure under clause (j) of section 8(1) of the rti act by the cpio and the appellate authority, and the appellant herein has not been able to establish that .....Tag this Judgment!
Court : Supreme Court of India
..... investigation is undertaken by an agency which is not under the control of the state government.14. the right to information act, 2005 declared in its preamble that, whereas the constitution of india has established democratic republic and democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable ..... regard being had to the said assertion the high court granted temporary bail for a period of 21 days.6. as is manifest from the material brought on record, the informant, after completing his duty about 8.00 p.m., was returning to his house on a motorcycle. he went to "satyamev complex" with his friend, bhupatisinh, for the purpose of ..... pendency of investigation, an application was filed before the learned session judge for grant of bail contending, inter alia, that the name of the appellant was not found in the fir; that he had no nexus with the commission of crime; that the case of the prosecution that he had conspired for murder of the deceased who was an rti activist ..... in crime/f.i.r. no. 163/2010 for the aforesaid offences and the investigation was conducted by the cid (crime), ahmedabad. the prosecution case, in brief, is that an fir was registered against two persons on 20th of july, 2010 about 8.40 pm. they came on a bajaj motorcycle having registration no. gj-1-dq-2482. at the corner .....Tag this Judgment!
Court : Supreme Court of India
..... saiyed hussain abbas rizwi, respondent no.1 herein, claiming to be a public spirited citizen, filed an application before the commission (appellant herein) under the right to information act, 2005 (for short "the act") on 16th december, 2008 seeking information in relation to eight queries. these queries concerned the interview which was held on 30th september, 2002 and 1st october, 2002 by the commission with regard ..... . marks are required to be disclosed but disclosure of individual names would hardly hold relevancy either to the concept of transparency or for proper exercise of the right to information within the limitation of the act.31. for the reasons afore-stated, we accept the present appeal, set aside the judgment of the high court and hold that the commission is not bound ..... to promote openness, transparency and accountability in administration and in relation to matters connected therewith or incidental thereto."11. the scheme of the act contemplates for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. it was .....Tag this Judgment!
Court : Patna
..... petitioners case is that the same is violative of articles 14, 19 and 21 of the constitution of india as well as it violates the right guaranteed under the right of information act, 2005.2. initially these writ applications were filed for commanding the respondent bihar state financial corporation (hereinafter referred to as the b.s.f.c.) ..... were also extended to 5.2.2007.6. counsel for the petitioners have challenged clause f(1)of circular no. 7/06-07 dated 4.11.2005 on the ground that it is evidently arbitrary, illegal and violative of the provisions under the constitution of india. petitioners as per the modified scheme are ..... forged it as a bad debt and ultimately to go out of business. but simultaneously it is also true that the b.s.f.c. cannot act as private money lender when its main object is to promote industrialization giving loans to small and medium industries. the conditions which has been put in ..... defaulters, who have been put under the privilege category. counsel for the petitioners have submitted that the respondent b.s.f.c. cannot be allowed to act on pick and choose basis and the petitioners cannot be deprived of this opportunity of being benefited by the fruits of ots scheme.7. counter affidavit ..... , that is to be considered. the ots scheme 2006 has to be judged on the touch stone of reasonableness and whether the corporation has acted unfairly and unreasonably.9. petitioners case is that the categorization by the b.s.f.c. under ots scheme 2006 putting the buyer and .....Tag this Judgment!
Court : Supreme Court of India
..... other selected candidates were issued appointment letters, the appellant was not. she, therefore, applied on 3.11.2008 under the provisions of the right to information act, 2005, to find out the reason of her non-appointment. she received a letter dated 11.11.2008 from the respondent no.1 which gave ..... the following reason therefor:i am directed to invite your attention to the reference 2nd cited, and to inform you that, adverse remarks were reported in ..... the character and antecedents of the appellant and other candidates. thereafter, the affidavit stated:-the 1st respondent through the letter dated 25.10.2008 informed the high court that the candidature of the petitioner could not be considered as it was reported in her antecedents verification report that she had ..... 22(1) of our constitution specifically lays down the following as a fundamental right:-22. protection against arrest and detention in certain cases- (1) no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall ..... he be denied the right to consult, and to be defended by, a legal practitioner of his choice.(emphasis supplied)all such accused do have the right to be defended lawfully until .....Tag this Judgment!
Court : Delhi
..... is also has been clarified by the ministry of shipping, road transport and highways, government of india in reply to the clarification sought under right to information act, 2005 vide no. rt- 23018/2007-t dated 20th june 2007.14. that as per the above provisions a vehicle having national permit can ..... proposed operation under the aforesaid tender vide its letter dated 25.6.2007. the transport department in its reply dated 6th of july 2007 informed the petitioner that since the proposed operation was to be carried out between two states, the conditions which apply to trucks which operate on ..... c.m. no. 10716/07 for recall of the order dated 31.7.2007, whereby this court had directed that 'without prejudice to the rights and contentions of the parties, the evaluation process of the bids, including that of the bid of the petitioner, may go on.'18. it ..... chennai, bangalore. hyderabad including secundrabad, ahmedabad, pune, surat, kanpur and agra in respect of four wheeled vehicles manufactured on the from 1st april 2005, except in respect of four wheeled transport vehicles plying on inter-state permits or national permits or all india tourist permit within the jurisdiction of ..... permit and haryana road permit (as applicable for haryana).4. insurances5. complying with euro iii mass emission norms (trucks manufactured after 01.04.2005).7. bidders were also required to submit registration certificate/certificate of fitness/route permits of their trucks/copy of invoice or any supporting documents .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2009AP73; 2009(1)ALT700
..... practical regime of right to information for citizens to secure access to information under the control of public authorities. in order to promote transparency ..... . whether denial of certified copy of muntakhab1 to a person on the ground that he/she is not a legal heir of muntakhab holder is justified under the provisions of right to information act, 2005 (rti act, for short)? this interesting question of considerable significance falls for consideration in this writ petition filed by two public authorities of revenue administration of government of andhra pradesh, namely ..... powers, to review decisions of public 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) is to provide for setting aside .....Tag this Judgment!