S.N.Derashri
17 June 2017 at 16:39
A the husband filed a divorce petition against wife on the ground that she indulged in an extra marital relation with somebody after marriage. to prove this fact he has submitted in court a pinhole camera, a memory card (said to have recorded the persons in act through the pinhole camera) and DVDs prepared from the said recording of memory card. In his evidence the husband got these things marked as Article/Exhibit. Neither any certificate U/s 65 B has been tendered in evidence nor the DVDs or the memory card was played before the Court during his evidence nor he stated a word about the contents of the DVD or the Memory Card nor he stated that the act of his wife and her paramour was recorded by him through this camera.
Wife in her evidence refused the allegation and denied the presence of herself and the paramour in the DVD when it was played before her in cross examination. The date depicted in the said recording is a date much prior to marriage.
In these fact and circumstances my query is-
1- whether the electronic evidence submitted by the husband can be read in evidence in absence of certificate U/s 65 B and of the Evidence Act as sec. 14 of the family courts act overrides the provisions of evidence act?
2- whether in absence of ocular statement by husband by identifying the wife an her paramour in action in the said DVD by playing the same in the Court during his Exam in chief, the husband has been able to prove charge of involving wife in sexual act with a person other than spouse after marriage.
3- whether depiction of date prior to marriage in the DVD will render the recording forged.
4- whether the court can consider the charge of adultery proved in these circumstances.
5- whether under the garb of provisions of sec. 14 family courts act the court can overlook the necessity of proving electronic documents as per provisions of Information Technology Act.
Kindly refer citation/s if any in support of answer.
Thanks a lot in advance.
S.N.Derashri
15 July 2016 at 18:06
It is well settled law that electonic document is admissible only when it contains a certificate u/s 65 B Of Evidence Act. It is also settled that such a certificate can be produced in the court at any stage.
Now my query is- wheather such certificate should be prepared at the time of preperation of the electronic document or it can be prepared afterwards? Please enlighten me on this point along with a citation if any.
Thanks in advance.
S.N.Derashri
15 November 2015 at 13:21
Complaint made by decoy for demand of illegal gratification. ACB got it confirmed by recording the conversation.
Is it not sufficient preliminary inquiry?
can a police officer who is not an incharge of police station can make a preliminary inquiry without being authorised by SHO ?
can a police officer who is not an incharge of police station can start investigation without registration of FIR in police station and being authorised by incharge of police station as per 156 Cr.P.C.?
If it is done then what will be the legal position of such an investigation?
Please Quote any legal pronouncement on such situation.
S.N.Derashri
08 March 2015 at 14:38
A in his written statement denied the fact of adoption of plaintiff. Subsequently he died pending suit. Can his written statement be read as dying declaration u/s 32 evidence act without due proof of execution of the same? case law if any in may also be quoted.
S.N.Derashri
29 January 2015 at 21:32
when Constitutional validity of a statute is under challange before the High Court, can a dispute regarding the provisions of such statute can be looked into and made applicable by trial court.
S.N.Derashri
08 January 2015 at 22:11
A is tenant in the shop. He sub let the property to his son B. Admittedly B is carrying his independent business in the shop as proprietor. A the tenant is also running his business in different premises as proprietor. there is no interconnection in both the businesses. Tenant A died pending the suit for eviction. As per definition the son B who is in possession of the shop was not doing business in the shop with the deceased. none of other legal heir was doing business with the tenant in the shop in question. what will be the position in this case? to whom the landlord should implead as heir of the tenant U/o 22 R. 4 CPC
S.N.Derashri
24 October 2014 at 17:13
An advocate applied for suspension of license due to joining an employment.
On his retirement from service he applied Bar Council of the state to resume the license. The Bar Council refused to resume under certain irrelevant reason. The Order was challenged and the High Court set aside the order and directed the Bar Council to resume the license. My Query is that" As the Bar Council of the State[A Statutory Body Constituted under Advocates Act] Charges fees for enrollment as well as for resumption of suspended license, so also for renewal of license after every five years, does the Bar Council falls under the term of "Service Provider" and the Advocate is a Consumer? Can the Advocate submit a complaint under Consumer Protection Act for Deficiency in service against Bar Council for not resuming his license for irrelevant and illegal reason which not only dragged the advocate in uncalled for and protracted litigation but also deprived him of his livelihood as well as reputation.
S.N.Derashri
23 October 2014 at 12:15
1. Is a statutory body charging fees for issuing/ granting or renewal/ resumption a license "SERVICE PROVIDER" under Consumer Protection act?
2. Is there any ruling to support this proposition?
S.N.Derashri
08 October 2014 at 21:48
Thanks and regards to all experts who have viewed my query.
I request to reply my query. Quoting Citation is not a condition precedent for reply. I only want to know the legal position in this case. Am I right to suggest the person to approach the Consumer Fora for redressal.
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Advocates act and bar council of india rules
Bar Council of India passed certain resolution restricting the appearance of certain advocates in a particular type of courts. A Gazette notification was also issued in this regard. The resolution and the notification came to be challenged before a High Court and the High Court stayed the resolution and the notification.
Some other advocates also challenged the same resolution and the notification before another High Court
My Query is-
1. Whether stay order passed in respect of the resolution and the notification is binding on other high courts also and they should follow it.
2- Whether enforcement of said resolution and the notification by any of the State Bar Council despite of stay amounts of Contempt of Court. If yes which High Court will have the jurisdiction for cognizance and what will be the procedure.
3. Whether there is any Judicial pronouncement/authority for this.