EVIDENCE

Querist : Anonymous (Querist) 26 May 2011 This query is : Resolved
Can photos taken with a digital camera be given to the court as evidence in a case relating to encroachment of a flats common area?

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M.Sheik Mohammed Ali (Expert) 26 May 2011
yes, its acceptable evidence, what is your query. ?

Querist : Anonymous (Querist) 26 May 2011
QUERY- A flat owner having a duplex house have encroached into the open balconies which does not belong to them. It was not sold to them by the builders and we have a copy of the sale deed which shows that the balconies are not sold to them.
Some of the flat owners approached the High Court and the court ordered a stay of construction which was not adhered to.
We filed a contempt case against them with photos as evidence, but the party says that they did not construct after the court order and the photos were taken before the orders of the court and the dates were changed.

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 May 2011
how it is that the matter went direct to high court.

Chanchal Nag Chowdhury (Expert) 26 May 2011
Only photos may not suffice.It may be used as a corroborating evidence.

Querist : Anonymous (Querist) 26 May 2011
The photos are corrobrated with our petitions to the muncipal corporation whom the court has directed to carry out the order passed by it and who ignored the complaints made by us that the construction is being continued inspite of the court order.
We included the corporation also in our contempt pettion for not taking action as per court orders. When the contempt case came up for hearing the corporation in their counter affadavit statf that the request of regularizastion made by the party has been rejected hence they would demolish the encroachment immediatley.

Shashikant V. Patil (Expert) 26 May 2011
The law is rightly taking its course of action. So therefore, need not to worry, because , Corporation is rightly rejected encroche's application for regularisation and demolish the unauthorised construction.

Photos are very much considered as a evidence.

PALNITKAR V.V. (Expert) 27 May 2011
Photograph in digital form is a good piece of evidence. The photograph has to be proved in court at the time of hearing. Till then it will be accepted as prima facie evidence. If the corporation does not demolish, the court will pass that order if the defendant has committed encroachment. I dont know if you have filed a map showning encroachment. If not pls do it at the earliest because it is mandatory.

Querist : Anonymous (Querist) 27 May 2011
The encroached area has been ear marked and submitted in the high court. A copy of the regularized plan applied by the party to the corporation has also been submitted in the court.

PALNITKAR V.V. (Expert) 28 May 2011
Then it should be ok.

Querist : Anonymous (Querist) 11 August 2011
The party who has made the encroachment submitted a photo in the high court by changing the date and submitted that they have completed the construction well before the orders of the court.

I took my photos in a cd and showed it to Truth Labs they saw it and told that they look genuine and asked me to produce the cd as evidence and they also asked me to ask my lawyers to ask the judge to get the cd of the party.

Querist : Anonymous (Querist) 12 September 2011
Now the party has taken a Interim Injuction but made some alterations after taking it. I have captured the alterations in digital camera.
I also reported the matter to the corporation who are yet to come and inspect the propety.
The problem here is the party would again change the date in the photos taken by them if the court asks for their version and submit a false dated phtograph.

EVIDENCE

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