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...........
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 -- 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...........
Evidence Act, 1872, Section 65B -- Whatsapp messages - Proof - Screen shot of whatsapp messages are secondary evidence - Admissible in evidence subject to requirement of S.65-B of Evidence Act with liberty to accused to cross examine complainant with regard to authenticity of said electronic documents and certificate - Evidentiary value and relevancy of said electronic..........
Evidence Act, 1872, Section 65B -- Whatsapp messages - Proof - Screen shot of whatsapp messages are secondary evidence - Admissible in evidence subject to requirement of S.65-B of Evidence Act with liberty to accused to cross examine complainant with regard to authenticity of said electronic documents and certificate - Evidentiary value and relevancy of said electronic..........
Evidence Act, 1872, Section 65B -- Electronic record - Petitioner intends to mark two photos as document along with compact disk - These two documents are electronic records and admissibility of said documents depends upon conditions to be satisfied as contemplated u/s 65-B of the Act - Admittedly, no such certificate has been produced before trial Court - Question of..........
