Ambarish 21 April 2016

Acceptance on email - evidence?

If defendant has accepted the default/offense on email reply to plaintiff.

What is the value of such acceptance on email? Can defendant claim that the acceptance was given under pressure and with undue influence and deny acceptance?

Please guide.

Thanks!

~Ambarish

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4 Replies

JustAdvisor (IT) 21 April 2016

read section 11 of IT Act. As far as your second question is concerned, burden of proof lies on him and it is similar to normal communication.

Anand Bali Adv. (Advocate Solicitor & Consultant) 22 April 2016

All electronic media evidences are accepted under evidence Act regulations and are treated as secondary evidences like a photograph and a letter in writing. These evidences are good to establish the subject when are corroborated with some Primary evidences.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India

JustAdvisor (IT) 22 April 2016

gentlemen: cool down, this forum is for exchange of ideas and knowledge and let that be it. this forum will not replace the traditional need for professional help. this is at best first aid. let us all contribute towards it and enhance our knowledge (even the great Jamshetjee Kanga said that at the age of 90 he was still learning)...

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 01 May 2016

Lawyers are Lawyers. Others are Others, only that they have some other degrees & some are Experts in their own professions & their contributions have mattered to the Nation, Universe.

Well, e-mail has being taken as evidence even in some of the high profile cases of the day. But, then, it does have its own limitations & the earlier posts have suggested some. Thus, if you are sure of the source, the opponent etc, it will be better to get across to the opponent on email itself or some other convenient way & get a written account. - Alternately, the Court has to ascertain the authenticity of the email. - SO YOUR PROOF ON EMAIL IS NOT LEGAL PROOF. BUT A STEP CLOSER & IT NEEDS SOME MORE WORK.