Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Whatsapp message downloaded to the computer and thereafter it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of message produced - Certificate issued by Browsing Centre - Browsing Centre cannot be considered to be Competent Authority to..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Print out of Whatsapp message - Certificate which is produced reveals that Whatsapp message found in mobile device has been downloaded to computer and thereafter, it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of alleged Whatsapp message..........
Evidence Act, 1872, Section 65B -- Electronic evidence - CDs - Device used for capturing content of CDs not mentioned and produced - Certificate u/s 65-B of the Act is not from person who is custodian of device from which the content of CD copied - Electronic documents rightly not taken into consideration...........
Evidence Act, 1872, Section 65B, 3 -- Secretly recorded conversation - Admissibility of evidence - Merely fact that an evidence was not obtained strictly in accordance with law does not absolutely bar admissibility of such an evidence - Court, while appreciating such evidence, may have to tread with caution and be assured about accuracy and reliability of such evidence but..........
Evidence Act, 1872, Section 65B, 3 -- Secretly tape recorded conversation - Admissibility in evidence - Three fold test of relevance, identification and accuracy has to be satisfied - Fact that conversation was recorded without consent and knowledge of person speaking is not a prohibition on admissibility of evidence...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3), Evidence Act, 1872, Section 65A, 65B -- Production of documents - Telephonic recording - Recovery suit - Plaintiff wanted to submit the telephonic talk between his brother and defendant in which defendant admitted that he had taken Rs.5 lacs from plaintiff - However, brother of plaintiff is not a party to suit..........
Evidence Act, 1872, Section 65B -- Electronic evidence - Requirement of certificate u/s 65-B of the Act - Once plaintiff offered to tender original mobile phone which is primary evidence, there was no requirement for certificate u/s 65-B of the Act, as same is contemplated in a situation wherein electronic evidence is being led by way of secondary evidence...........
Evidence Act, 1872, Section 65B -- Secondary evidence - Xerox copies of primary evidence can be accepted as secondary evidence provided the petitioner proves that documents were not traceable and/or are lost...........
Evidence Act, 1872, Section 65B -- Electronic evidence - Certificate u/s 65-B of the Act - Non-filing of certificate u/s 65-B of the Act at the time of production of electronic evidence would not vitiate the proceedings...........
