LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prasad S Joshi (Safety Consultant)     11 January 2011

Can Web Print Out be used as Main Evidance

Hi All,

This is my first post, I'm seeking some information in my personal case,

My wife has filed a case of divorce and applied for Interim Maintenance, ground for Interim was she is jobless and no income source.

Where as actually she is working as a lecturer in reputed college and her name is disclosed on the official website of the college. The web page is upgraded in the month of May 2010, where college has launched the admission process for the year 2010.

I've submitted the same print out in the court, where they submitted the say by declining the authenticity of the web page, as it is not updated since long and her name is there because shae was associated with the college in the year 2007/08.

I have few question

1.  Whether this print out can be used as Main eveidance / proof as she has a income source?

2. I have put RTI in college, but college is providing the same information that she was associated in 2007 & 08 only, further she is not associated with college, but where in I have personally saw her delivaring lecture in the same college

3. How can i prove this fact, any other method is available?

 

Please guide me in this matter.

Regards,

Prasad

 



Learning

 10 Replies

Avnish Kaur (Consultant)     11 January 2011

may be she is working part time on contractual  per lecture basis.

Tajobsindia (Senior Partner )     11 January 2011

@ Author,

When in doubt and family matters under errant wife's maintenance stakes use services of a detective with camera to record her delivering a Lecture in same collage. Submit it in same Court alogn with Letter head of detective your "burden of proof" is dispenced now.

All the best.

Prasad S Joshi (Safety Consultant)     11 January 2011

Thank u so much for advise.

But my main query is whether web print outs can be used as a main evidance in this case.

 

Regards

Avnish Kaur (Consultant)     11 January 2011

this will be a corroborative evidence.

Mallik Karra (Done with AIBE)     11 January 2011

Yes it can be produced as evidence

The Act amends the definition of ‘Evidence’in s 3, the interpretation clause of the Indian Evidence Act 1872, to state:

‘Evidence’ means and includes
> All documents including electronic records produced for the inspection of the Court

Sec 65 A & B

conditions:

(1) The computer output containing such information should have been produced by the computer during the period when the computer was used regularly to store or process information for the purpose of any activities regularly carried on during that period by the person having lawful control over the use of the computer.

(2) During such period, information of the kind contained in the electronic record was regularly fed into the computer in the ordinary course of such activities.

(3) Throughout the material part of such period, the computer must have been operating properly. In case the computer was not properly operating during such period, it must be shown that this did not affect the electronic record or the accuracy of the contents.
.

(4) The information contained in the electronic record should be such as reproduces or is derived from such information fed into the computer in the ordinary course of such activities

It is further provided that where in any proceedings, evidence of an electronic record is to be given , a certificate containing the particulars prescribed by 65B of the Act, and signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities would be sufficient evidence of the matters stated in the certificate.

Prasad S Joshi (Safety Consultant)     11 January 2011

Thank you so much for your support.

 

Regards,

Prasad

Prasad S Joshi (Safety Consultant)     11 January 2011

Thank you so much for this info and support.

 

Regards,

Prasad


(Guest)

Yes of course, as suggested by Mr. Mallik, you can use the electronic document, as an evidence. But, if that is not updated for long that evidence can prove to be false as compared to the present date real records of the college. Presence of any information on the website of an organisation can be old one pertaining to the past, not the pesent. That will prove to be a negative point against you only.

 

The record, such as copy of Pay Roll/ acquittance roll of the college, or the Passbook copy of the bank showing deposit transactions, or the attendance register of the college showing attendance being marked by your wife in that college, or the Provident Fund statements for the PF contributions being deposited with the Commissioner of Provident Fund on deduction from her salary, can prove to be vital evidence in your favor.

 

Even if the college has denied her being employed in the college, you can call the aforesaid records of the college through an order of the concerned court to be produced in the court of law.

 

PS Dhingra

CEO cum Management & Vigilance Consultant

Dhingra Group of Consultants

New Delhi

Prasad S Joshi (Safety Consultant)     21 January 2011

Thanks for the information Sir.

The said website is updated on 14th May 2010 on Public Interest Registry by the concerned college official and name is also registered on the https://www.whois.net/whois/.

This is the URL where you can get any website update information perticularly GOVT Organisation, Colleges, Institutes, etc..

Regards


(Guest)

Please don't remain in dark. 'Whois' the url of the registrar's site showing general registration information of "who is the owner of the site" or renewal particulars about various websites and updation on that page does not reflect updation of the website, itself by the cocerned webmaster or the owner of that site. Updation on that url pertains to the updation of he info about that site on that page by the registrars of the url. So that cannot be the guarantee of the fact about the info about the concerned organisation to whom the webite actually relates. who is the site to show info not only that of the Govt. organisations or colleges, institutions, but also you can see registration particulars of any of the billions or trillions of the websites of the world registered so far through that url. So that cannot help you in any way in your court case.

 

PS Dhingra

CEO cum Management & Vigilance Consultant

Dhingra Group of Consultants

New Delhi


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query