Guitar Boy (Student) 07 April 2011

Case of Cheating. Which of the proofs are GOOD in COURT

Hi,

This is regarding a placement company which is charging a friend of mine some money for the placement and training.

The company is also signing a stamp paper with some normal clauses and refund of money if the student doesnt land placement.

Now, i would like to know, if in case these placement people end up cheating which of the following proofs will be viable in nailing them in court?

1. Recording of Each phone call with them.

2. Recording of Each talk in their Office with them.

3. Photocopy of each receipt given by them (Original has been misplaced)

4. Photocopy of each Receipt given by them ATTESTED by a MLA.

5. All SMS messages sent by them.

6. Email messages sent by them.

7. Photo of a Job Confirmation Letter shown by them with my friends name on it from a Company.

Please guide me to understand which each of the above proofs will help my friend get justice and which ones arnt of any use in court.

Also i would like to ask, like in one of the clauses of the stamp paper, if that placement company deals in placement of many job posts, and they are stated, and of them all but one are "STRUCK OFF" and the one that is applied for is "TICKED" , is that the legal way to do it or a signature next to it would be required.

Thanks.

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3 Replies

Rajinder KumarAhuja9990725300 (Advocate) 07 April 2011

In court is is very difficult to prove who ticked and what was ticked at the time of execution. Once you put your signatures on blank documents or such type of documents which are required to be ticked before putting signatures. all ticks require authentication with full signatures. The common practice is the person making assertions have to prove what he is asserting that makes problem. Because the other party will have to be heard which means he will negate all the assertions made by you.That is why mutual negotiations are the best solutions. Pl keep cool and think after keeping yourself in place of other party's place.(shoes).

Guitar Boy (Student) 07 April 2011

Thank You for that advice sir, i will make sure there are no Cuttings etc on that stamp paper.

What will the Stamp Duty for the above said agreement for Training and Placement kind of stamp paper where the amount is 3,50,000 Rs. ?

One of the Clauses are :

* 1. That it is necessary for the second party to attend the regular classes during the training period for compete 30 days/8 hours for which the proper attendance will be marked and if the second party fails to adhere the said term his/her refundable amount of Rs. XXX be forfeit and not return back to the second party.

In the above case, if the agency denies of my friend having attened those classes, what proof can he show to respond to that??

Om Prakash Dhusia (HR assistant) 23 April 2011

1.Recording of each phone call with them: No evidence.

2.Recording of each talk in the office with them: No evidence.

3.Photocopy of any document is non admissible as evidence if that can not be matched with the original.

4.Attestation of any document in absence of original by any authority is in admissible as evidence.

5.Ofcourse SMSs and emails can be treated as evidence.

6.Any document in absence of original can not be treated as evidence and job confirmation from the same company in name of your friend has no evidentiary value to prove your case to be genuine.

7.Mere ticking any clause doesn't prove anything from either party.

To summarise, what a common man concludes is not an offence if not permitted by law.

Regards.