Search Results Page
Search Results
1 - 10 of 14 (0.40 seconds)The Right to Information Act, 2005
Section 22 in The Right to Information Act, 2005 [Entire Act]
Chandra Prakash Tiwari And Ors vs Shakuntala Shukla And Ors on 9 May, 2002
37. A special enactment or Rule, therefore, cannot be held to be
overridden by a later general enactment or simply because the latter
opens up with a nonobstante clause unless there is clear inconsistency
Page 6 of 8
between the two legislations -- one which is later in order of time and
the other which is a special enactment. This issue came again for
consideration before the Hon'ble Apex Court in Chandra Prakash
Tiwari v. Shakuntala Shukla -- AIR 2002 SC 2322 and the Hon'ble
Supreme Court quoted with approval the Broom's Legal Maxim in
reference to two Latin Maxims in the following words:
Chief Information Commissioner vs High Court Of Gujarat on 4 March, 2020
In Chief Information Commr. v. High Court of Gujarat, (2020) 4 SCC 702, when an
issue was raised over furnishing of information of certified copies obtained from the
High Court of Gujarat by invoking the provisions of the RTI Act, the Apex Court, while
resorting to the Gujarat High Court Rules, has observed as under:
Gajendra R. Raval vs The Director Genreal Of Incom Tax ... on 20 January, 2006
19. The issue raised herein has been settled by a Bench of three Member Bench of the
CIC which, in the opinion of this Court, is binding on the Bench which has passed the
impugned order. A Bench of three Commissioners of the CIC in G.R. Rawal v. Director
General of Income Tax (Investigation), 2008 SCC OnLine CIC 1008, while considering
the very same issue has observed as under:
Mr.Rakesh Kumar Gupta vs Itat on 22 June, 2010
"15. Thus, both the Right to Information Act, 2005 and Section 138 of the
Income Tax Act, 1961 deal with disclosure of information. While Right to
Information Act is a general law concerning the disclosure of information by
the public authorities, Section 138 of the Income Tax Act is a special
legislation dealing with disclosure of information concerning the assesses.
This Commission in "Rakesh Kumar Gupta v. ITAT, decided on 18th September
2007 decided by a Full Bench, has dealt with the issue of applicability of
special law to the exclusion of the general law.
Central Public Information Officer vs Kailash Chandra Moondra on 12 January, 2023
7. The Commission refers to a decision of Delhi High Court in W.P.(C)
340/2023 & CM APPL. 1348/2023, Central Public Information Officer vs. Kailash
Chandra Moondra, wherein it has been categorically held that the Right to
Information Act, 2005 and Section 138 of the Income Tax Act, 1961 deal with
disclosure of information. While the Right to Information Act is a general law
concerning the disclosure of information by the public authorities, Section 138
of the Income Tax Act is a special legislation dealing with disclosure of
information concerning the assesses. Therefore, the Commission agrees with
Page 4 of 8
the stand taken by the Respondent in denying the information. The relevant
extract of the aforesaid Delhi High Court order is reproduced hereinbelow: