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Ankita   06 May 2016

Section 65 b evidence act

Hi, I m fighting a divorce case  and submitted facebook photographs/messages printscreen  as evidence in the court.

However , the judge is not accepting the same stating the same needs to be authenticated. Please guide how do I get authentication of this evidence 

 



 2 Replies

Nitish Banka (lawyer)     06 May 2016

You need to attach a certificate und.r section 65B according to recent supreme court judgment,

Warm Regards

Adv Nitish Banka

9891549997

Kunal Godhwani   07 May 2016

I am attaching one sample affidavit of 65B which was accepted by Bombay HC, but kindly make necessary changes in affidavit according to your case facts.

Ark Shipping Co. Ltd. v. GRT Ship Management Pvt. Ltd. (2008 (1) ARBLR 317 Bom) Bombay High Court

Sample of Affidavit filed under section 65 B which was accepted by the High Court as sufficient:

1. I state that I was employed in the chartering division of Sahi Oretrans (Pvt) Ltd. (hereinafter for the sake of brevity referred to as Sahi), a company having its office at 30 Western India House, 3rd Floor, Sir. P.M. Road, Mumbai 400 001. I state that Sahi acted as the ship broker in respect of the charter-party concluded between the petitioners and respondents, abovenamed.

2. I state that being employed in the chartering division of Sahi, I was personally involved in the transaction. I state that being ship brokers all emails were forwarded to the petitioners and the respondents through computer terminals in Sahi’s office, by me. In fact, my name appears in almost all the email correspondence.

3. I state that by virtue of my employment I was authorized to use the computer terminals in Sahi’s office. Further, the computer terminals used by me were functioning normally at all times. Further, since I was personally involved in the transaction, I in fact personally authored/saw the email correspondence exchanged between the petitioners and the respondents.

4. I hereby produce hard copies of the emails which represent the contract entered into between the parties. The said emails are annexed hereto as Exhibit “A”. I crave leave to refer to and rely upon typed/clear copies of the same at the time of hearing, if necessary.

5. I confirm that the contents of the hard copies of the emails are identical to the emails exchanged through the computer terminals operated by me. I further state and confirm that the contents of the hard copies of the emails at Exhibit “A” are identical to the hard copies of the emails filed before the arbitrator, a compilation of which I have perused.

6. Accordingly, I am making this present affidavit to certify that the hard copies of the emails annexed at Exhibit “A” to “A4” hereto are a “true copy”/ reproduction of the electronic record which was regularly fed into/transmitted through my computer terminal in Sahi’s office in the ordinary course of activities. I further state that at all times the computer terminals utilized by me were operating properly and there is no distortion in the accuracy of the contents of the hard copies of the emails.”

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