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Author Topic: Email as Evidence  (Read 1728 times)

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Offline srgn999

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Email as Evidence
« on: October 02, 2013, 09:21:20 PM »
Dear Sir/Madam

I am Sreerangam ramgourang 29years Old resident of Hyderabad ,Andhra Pradesh

I am now going through a case on which the complainant filed a 138 NI  Act for 7.5 Lakhs ,  even though he forcefully taken the check by bringing  some rowdies.

but when the case was going on with special magistrate 11th  court at Erramanzil  when the Judge asked my advocate to cross examine my complainant . my advocate said that we are having proofs for his entire transaction on his account openings with a Trading company in London where in which the company deals in forex trading .


 But the complainant made a false statement of saying that he had given that money for furniture ,but the truth is he had given the money to my bank account to wire transfer that to his Trading Account where in which he wanted to trade that money in forex trading  and he lost money in that  trading Business .

because of the consultancy and sugesstions giving part from my side So he wanted that money back and  he forcefully taken a cheque and he was pretending now in the eye of law as he made a true compaint but as far as my view I have Transfered that money through my HSBC bank account to  the Trading company hsbc bank .

The company had sent an email stating that the so and so money was transfered to the client trading account by email with a letter attached statiung that this client holds an Account in the name of the Complainant and so on .

Now my Question is can you please explain me that these statements and copies which were coming through the email from another country will be taken as evidence or not .


The honorable judge said that there is no email can be taken as a evidence and no email copy can be taken because there is no one who can certify and sign on the email copies and he also told that the 64(A0 act proved that no email copy can be taken as proof .


Is this True or is there any Suggestion for me


Your Precious reply may help me to get out of this


Thanks
Regards

Offline advRanjithRajagopal

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Re: Email as Evidence
« Reply #1 on: October 03, 2013, 09:47:15 AM »
Latest Judgment By Supreme Court Of Digital Evidence Admitted As Primary Evidence - Ajmal Amir Kasab Hangs To Death By Supreme Court. All The Main Criminal Charges Proved Against Kasab Are Proved By Digital Evidence. Hence It Is The Latest Judgment Which Shows That Digital Evidence Is As Important As Primary Evidence.
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Offline advamrita

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Re: Email as Evidence
« Reply #2 on: October 03, 2013, 09:56:10 AM »
Section 14 states: Application of Indian Evidence Act, 1872.-A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion. assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872)

Offline advdesai

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Re: Email as Evidence
« Reply #3 on: October 03, 2013, 09:57:53 AM »
As per Amendments to Indian proof Act for production of any electronic record/message etc. in any court proceedings, one should acquire a certificate from Cyber Forensics Labs associated with the genuineness of electronic records. however as per the court Act, Clause 14, a decide is authorized  to simply accept associate degree electronic record as proof that the other court might reject as a result of non acceptability as per proof act and its amendments. Opponents will contest however it'll get marked with objection. Its completely depend upon the court judge’s call.
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