Criminal Procedure Code, 1973, Section 92, Evidence Act, 1872, Section 65B -- Telephonic conversations contained in pen drive - No evidence on record to identify voice of deceased - In absence of any accepted and definite evidence identifying voice of deceased, even if pen drive containing alleged conversation is taken on record, prosecution would have no evidence to prove..........
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...........
