Nishant (abc) 30 March 2012

Collection of evidence by unfair means

Dear Forum Experts,

I have a query relating to the source of evidence material (documents/records etc.)

In a court case Pary A has produced following information / documents of Party B

1. Bank statement of last 7-8 years (private and govt bank both)

2. Mentioned the dates when party B operated locker with private bank.

3. Discharge summary of Party B, when party B was hospitalized in year 2010

4. Copy of Driving License to put forward the fact that Pary B knows driving.

5. Copy of GPF records of Party B

There could be some material facts in 1 to 5 above against the party B, which court has to see. But my query is that all of the above information other than the copy of driving license, cannot be obtained by a third party by legal means, even if RTI is filed (RTI prerequistes are it should be govt funded/owned organisation, even in RTI this information will be termed as third party information and hence cannot be given without Party B's permissioin)

that means either Party A has got this information by paying bribe or having some contact in the concerned organisation. Can the source of information of Party A be challeged by party B. How do courts take this, do they concern only with merits of the information or they ask about the source of information.

Thanks in advance,

Nishant

Reply Follow

7 Replies

Nishant (abc) 31 March 2012

Looking forward for answer of this query,

Nishant

Nishant (abc) 04 April 2012

Still awaiting any answer to this query,

Experts, plz share your knowledge on this query.

Nishant

rajiv_lodha (zz) 04 April 2012

If the document submitted in the court is authentic, Court does not take cognizence whether method to procure it was genuine or not!

Nishant (abc) 04 April 2012

Thanks Mr. Rajiv Lodha,

Plz refer to point no. 2 of my query above, how anyone else is supposed to know when Party B operated its locker, if bank employee (locker account) is sharing such information with Party A, it is a breach confidentiality which is required between bank and customer. Can Party B demands actions against Party A for using unfair means to get its confidential information.

Similary for point no. 5 GPF records are again a very confidential statement, no one else should have access to it.

I want to know one more thing, that can it be proved about Party B that it knows car driving, as it has a valid driving license, actual scenario is that Party B learned Driving almost 20 years back and that time get the lincense made. Can Party B claims that when it has not driven any vehicle in last so many years, it is equivalent to "no driving experience" situation.

Thanks,

Nishant

rajiv_lodha (zz) 04 April 2012

Do not drain urself, be specific what proofs party A & B have to prove their point!

Self service (None) 07 April 2012

As long as evidecnes are correct, court is not bothered about how they are obtained. In fact other party can ask based on documents verification from source.

cm jain sir (ccc) 05 May 2012

Even it is received by filing rti, its authenticity can be challanged. u can challange it if the facts are something else. In that case the pio will be called in the court and he has to explain its authenticity.