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ialsoexisit (university)     20 December 2019

Print out of email as document. of evidence in civil court

Dear Experts in this forum,

I have filed an Original Suit for money recovery. The defendant has sent an email which is important evidence in the suit. I have furnished transaction slips etc in the OS. The trial is about to begin but the honorable is requesting a certificate from the internet service provider. The judge contends that just a print out of the email is not sufficient for the court. Pending for this the trial has not even started.

I request the experts to guide me on how to obtain a certificate from the internet service provider to support the print out of the email. I have read the evidence act but things are not clear if print out of email is sufficient evidence in the court or how and where to obtain the certificate from the internet service provider.

Thank you all in advance for your advice and guidance.

Regards



Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 December 2019

1. Certificate from Internet Service Provider is NOT required and neither the Internet Service Provider shall provide such certificate, without any order from Court.

2. U/s 65 of the Evidence Act and further by virtue of Supreme Court judgements, self-declared authentication by way of an Affidavit is sufficient for the electronic evidence to be accepted by Trial Courts,  TILL the opposite party proves otherwise.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

2 Like

Dr J C Vashista (Advocate)     23 December 2019

Well advised by expert Mr. Hemant Agarawal, I endorse the same.

File certificate u/s 65 B IEA to prove authenticity of the email and other electronic evidence.

 

ialsoexisit (university)     02 January 2020

Dear Mr. Hemant Agarawal Dr Vasishta,

Thank you for sharng your exepert advice and opinions It is baffling that the judge at the TRIAL COURT keeps adjourning the trial date with a comment "certificate not produced, call on xx/xx/xxx" in document check. Trial is yet to begin.

Regards

Chandra

 



 

Kavya Sreejith   13 May 2020

Greetings!

Electronic evidences are admissible in Court. You may read : https://www.lawyersclubindia.com/forum/want-to-exit-from-a-company-146336.asp

Regards


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