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shine (software engineer)     08 February 2010

Is SMS a valid proof?

Hi,

I had given some amount to one of my friends as loan. Unfortunately I didnt ask him for a cheque or document, believing him. But he is not giving the money back. I have some sms from him that he sent at different times saying, please forgive for the delay, I will give you the money at some so and so date etc.. Can this be a valid proof for sending a legal notice to him? Or is there anything I can do for getting the money back? 

 



Learning

 18 Replies

Jithendra.H.J (Lawyer)     08 February 2010

 yes

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 February 2010

definitely such sms shall form part of evidence.

2 Like

N.K.Assumi (Advocate)     08 February 2010

Agreed with the learned members views.
1 Like

Arati Gawde ( Legal )     09 February 2010

 Yes, this is one of the valid proof for sending a legal notice.

1 Like

bhavin (ADVOCATE)     10 February 2010

YES.....................BUT WHY YOU REPLY ONLY  UPON  THAT SMS.................. I MEAN YOU HAVE NOT MENTIONED PROPERLY THAT HOW U GAVE MONEY TO YOUR FRIEND?..... MEANS IN CASH OR CHEQUE.................. OR WHETHER YOU HAVE MENTIONED SUCH THING IN YOUR BOOK OF  ACCOUNTS..........&......IF YOUR TAX PAYER AND YOU HAVE SHOWN SUCH AMMOUNT AS SEN.DEBTOR THEN  YOU CAN SEND DEMAND NOTICE ON THAT SUPPORT AND ALSO FILE A SUMMARY SUIT AGAINGST YOUR FRIEND & EASLY RECOVER YOUR MONEY

2 Like

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     10 February 2010

Dear Shine,

actually there are two types of evidences-relevant and admissible. of course SMS is relevant evidence but not admissible. you may place such evidence before Court but the Court is not bound by it. apart from it , it is not a strong proof as because of the facility of erasing and adding.

1 Like

Dirgesh kumar sharma (Advocate)     12 February 2010

Hi

of course, send you legal notice. after serve notice, cheke the reciving mobile nomber who's the owner, if the same person owner than srve notice. 

1 Like

shine (software engineer)     14 February 2010

Thanks Bhavin for the reply. Actually, I transferred money to one of his friends account as he needed money urgently and didnt have a same bank account as mine, as he told he cant wait for 2 days of time for the trasfer via RBI for interbank. Btw, I have mentioned the transfer summary as "Lending to <my friend's name>. Is that hold good in this case? Btw, I did not get the meaning of "IF  YOUR TAX PAYER AND YOUHAVE SHOWN SUCH AMOUNT AS SEN. DEBTOR THEN YOU CAN SEND DEMAND NOTICE ON THAT FRONT..." clearly. Could you please clarify me?  

shine (software engineer)     14 February 2010

Hi Mohd Mussabir,

Does that mean there is no use in sending a suit with the sms as evidence? What do I need to support it?

 

bhavin (ADVOCATE)     24 February 2010

ya sure......... if u r a tax payer and  u have mentioned such amount  debited in the name of your friend in ur books of account as well as shown him as debtor in your  income tax return than it will help u&  ur lawyer to prove that u r claiming for the legal dues and u can easily recover ur dues. it is a fit case for the recovery , if you have mentioned such details.......................... and during this proceddings ur sms will support your case.

send notice without wasting time.

Anil Agrawal (Retired)     01 March 2010

Now imagine a situation like this where SMSs are exchanged.

A: I had given 10000 rupees two months ago which you have not repaid. Pl repay immediately as I need my money back.

B: Please bear with me. I shall repay shortly.

A: You have not fulfilled your promise. Pl pay or I take legal action.

B: By 18th March I shall pay back.

B: I came to your house on 10th March and paid back the loan of Rs.10000 that I taken from you. Now I donot owe you anything.

What will happen in this situation? A's SMS versus B's SMS without any tangible proof.


(Guest)

SMS is only a short message service, it can be typed by anyone without even a password and hence it is not a foolproof evidence unless it is corroborated with any other concrete evidence and some other correspondence or even a tape recorded voice message.

Anil Agrawal (Retired)     01 March 2010

In other words, the case may not even be admitted.

shine (software engineer)     08 March 2010

Thanks Anil. So does it imply I can't do anything with the sms? Wont my account summary help me in this case? In what situation the case may not be admitted?


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