Advocate Vasundhara
12 July 2011 at 07:58
INDIAN EVIDENCE ACT 1872 - Section 45A -
Opinion of Examiner of Electronic Evidence:
45A. Opinion of Examiner of Electronic Evidence.-When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000(21 of 2000)., is a relevant fact.
Explanation.--For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.
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In a false criminal case in which my client is innocent, the prosecution has presented a audio conversation in a CD as primary evidence. The CD was collected by IO in 2004 and presented in court in 2005. The trial is in Evidence stage. In the chargesheet no experts had given any opinion on the CD contents. Even in chief examination no prosecution expert witness was produced.
Sir, Can I use this section 45A now? How to utilise it properly?
anonym
12 July 2011 at 06:48
I am accused in a false case against me U/s138.
The story so far.
My first lawyer did not file a reply in time (even after 3rd hearing) due to which chance of cross-examination of complinant was withdrawn. Also fine was imposed stating my negligence with an advice to change counsel. I did that.
The new counsel filed a reply by affidavit which was rejected and oral submission was ordered.
Yesterday they confirmed that cross examination of complinant was closed and my examination in chief started and will be continued in next hearing.
MY QUESTION IS THERE ANY WAY BY WHICH CROSS EXAMINATION OF COMPLAINANT CAN BE RE-ORDERED? IT WILL BE VERY HELPFUL TO PROVE MY INNOCENCE. PLEASE ADVISE.
amitpahadia
12 July 2011 at 01:22
Sir
I have made a complaint with my neighbours against opening of meat shop in front of my house. Affort a lot of effort, i got it sealed from Magistrate. But the Shop keeper Now broke the seal, & again selling the meat on the same place, i can made the complaint aginst thisbut no action is taken in last 5 days, what should I do next,What are more action I can take
Regards
Amit
Anonymous
11 July 2011 at 22:43
Meaning & Difference between interim & intercolutory order. help me to understand more if any case law supports the meaning of it.
Neeraj Kaushal
11 July 2011 at 20:51
If accused will die in criminal complaint his legal heir can be brought on record in complaint filed u/s 138 of Negotiable Instrument Act
Anonymous
11 July 2011 at 19:02
Wife files a case on husband that he is having illegal affairs pre and post marital affairs by seeing the online-shared photos, emails and chats.
Husband says that he has sexually chatted/emailed but didnt have sex with any one really.
Wife has proofs of all the emails/chats.
How this case runs in the court of law?
Anonymous
11 July 2011 at 18:33
Hi All,
If the other party sends a legal notice to us mentioning the facts signed by himself and his lawyer and thereafter in the petition makes different facts and makes completely changed story and changes even the dates of events, files the same legal notice in the court along the complaint. Then is there any significance of legal notice? Does it hold any relevance? Does this discrepancy holds any legal value in fighting criminal case.
Ranadip
11 July 2011 at 17:05
Hello Experts,
Can you please let me know if I am committing any illegal act in India under the following circumstances:
A friend has an open university loan in Euro and he is currently working in India (earning INR). To pay the installments, he plans to transfer the equivalent of the Euro installment in INR to my account in India. And then I transfer the installment from my UK GBP account to the institute in Euro. Will I be breaking any foreign exchange rules in India like FERA? Also, if this is legal, then will I have any tax implications in India for accepting money from him into my Indian bank account?
Thank you.
Regards,
Ranadip
Anonymous
11 July 2011 at 16:51
Sir,
I have purchased stock of a tel-communication company and after sailing the stock to me it was blocked by company and my money was blocked, after giving many reminders to the company owner and there chair persons they are ignore to reply the mails. Pl.guide me for the legal action for the complaint'
Thanks and Regards,
Alok Dusad
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