wherever there is a duty to do so, then there is also a duty to record the things done

यह क, माननीय Madras High Court Rangaraju vs Kannayal on 10 January, 2012 ,
SECOND APPEAL No.621 OF 1999 IN THE HIGH COURT OF JUDICATURE AT
MADRAS J U D G M E N T DATED: 10.01.2012 को अपने महवपूण याय ात के पैरा
22, 23,24,25,26,27,28,29 मे लोक दतावेजात और नागरको को ात करने के अधकार के
संदभ मे उ आदेश का वचारणीय मद ननानुसार है:
पैरा 22. It has to be pointed out that a document cannot be said to be a public
document within Section 74 of the Indian Evidence Act, unless it is shown to
have been prepared by a public servant in discharge of his official duty as per
the decision rendered in S.V.Chimanlal's case reported in AIR 1942 Bombay 161.
23. Whenever there is a duty to record official doings, the record thus kept is
admissible. As a general principle, it may be laid down that wherever there is a
duty to do so, then there is also a duty to record the things done (Wigmore S
1639).
24. A public document is one made by a public officer for the purpose of the
public making use of it and being able to refer it as per the decision made in
Sturla vs. Ferriccia (1882) 5 App Cas 623 HL at 643 per Lord Blackburn.
25. The rule as to public document is that the publicity must be
contemporaneous and publicity means such publicity as would afford an
opportunity of correcting anything that is wrong.
26. The test of publicity is that the public are interested in it and entitled to see it
so that if there is anything wrong in it, they are Annxuववचुअल अल व test.
27. When a public has a right to inspect an official document, it becomes a
public document and the certified copy of the same will be given to that person
who has applied for it, provided his right of inspection is not taken away by any
other provisions of the Indian Evidence Act or by any other law, as opined by this
court.
28. As a matter of fact, a certified copy of a public document need not be proved
by calling a witness as per the decision of the Honourable Supreme Court
reported in AIR 1963 SC 1633 in the case of Madamanchi Ramappa and another
vs. Muthalur Bojjappa.
29. Section 65(e) of the Indian Evidence Act allows secondary evidence such as
certified copy to be given where the original is a public document within the
meaning of Section 74 of the Indian Evidence Act. It is only for the convenience,
the statutory provision has been made for proving a public document by
tendering its certified copy, in the considered opinion of this court.