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Report No. 88

6.4. Andhra case.-

It was argued in an Andhra case1 that the notes and minutes made on the files were within the privileged class and were exempt from production. The privilege claimed by the Additional Chief Secretary could not be questioned in view of section 123. It was held that there was nothing in the affidavit to "suggest that the notes made, relate to expression of an opinion in the determination and execution of public policies", a test suggested in Sukhdev Singh's case.2

1. R. Ramanna v. Government of Andhra Pradesh, AIR 1971 AP 196.

2. Sukhdev Singh's case, AIR 1961 SC 493 (502).



Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back




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