use of audio cd in a suit for specific performance
vinod bansal
(Querist) 24 October 2010
This query is : Resolved
R/Experts
I am counsel for vendee and m going to file a suit for specific performance against vendor who resile from his sale agreement after receiving earnest money,now i am in possession of a audio cd in which vendor has admitted that he received earnest money from vendee a and executed a sale agreement,is it advisable to use this CD as evidence in court or it is a complicated matter to prove this CD as evidence,otherwise all witnesses are ready to depose before court in whose presence money was given and agreement was executed.Kindly advice
niranjan
(Expert) 24 October 2010
In the sale agreement itself,receipt of earnest money must have been given and in any way you will have to prove the sale agreement by producing witnesses,which will prove the codntents of the document.
Kirti Kar Tripathi
(Expert) 24 October 2010
Cd may be produced as evidence, but admissibility of the same will depend on other secondary evidences.
Devajyoti Barman
(Expert) 24 October 2010
The production and admitting the CD is not enough in absence of other cogent evidence.
adv. rajeev ( rajoo )
(Expert) 25 October 2010
You can submit the CD as an evidence, but agreement of sale is must.
s.subramanian
(Expert) 25 October 2010
You have to adduce cogent and convincing and authoritative evidence to prove the voices contained in the audio CD. Then only it would be proper for the court to rely on it. Everything relies on your ability to do it.
Sri Vijayan.A
(Expert) 25 October 2010
I agree with Mr.Subramanian
