Judgment Search Results Home > Cases Phrase: indian evidence act 1872 section 85b presumption as to electronic records and electronic signatures Page 6 of about 469 results (0.142 seconds)

Kurian Babu and ors. Vs. Central Bank of India

Court : DRAT Mumbai

Reported in : III(2004)BC27

..... applicant bank first of all to take recourse to section 65 of the indian evidence act, when that provision is made for protection of a litigant who honestly comes and states before the court that his documents have been destroyed or lost under certain circumstances described by him, that he has taken all possible steps to take extensive search of the documents but he has failed in his endeavour and describes the steps taken by him and then prays for this remedy; then ..... no doubt, section 65 of the indian evidence act permits tendering of secondary evidence under certain circumstances and strictly under those conditions, which are mentioned in section 65 of the indian evidence act. ..... therefore, these affidavits are of those persons who have deposed only from the record and they do not have first hand knowledge about the transaction in question.4. ..... there is no evidence of a single officer of the bank who comes out in the open and says that the "documents are executed in my presence, that i identify signatures of the appellants because they signed before me or that i have seen the original guarantee deed and i can say and vouch that the signatures appearing on the xerox copies which the bank is seeking to tender arc the signatures of the appellants only. .....

Ganga Singh Vs. State of M.P.

Court : Supreme Court of India

..... he submitted that the prosecutrix is thus a competent witness under section 118 of the indian evidence act and her evidence must receive the same weight as is attached to an injured witness in cases of physical violence [see state of ..... the sessions judge, after considering the evidence on record held that as pw-5 did not obstruct or resist the appellant from doing the indecent act and no injury was caused on her person, pw-5 appears to have given her consent for the sexual intercourse and acquitted the appellant of the offence under section 376, ipc, by judgment dated ..... then undertook the investigation, went to the place of occurrence on 23.12.1987 and seized a blouse and a dhoti and got prepared the map of the site of occurrence and after recording statements of witnesses and completing the investigation, submitted a charge-sheet against the appellant under section 376 of indian penal code (for short ipc ).3. ..... court concluded that the finding of acquittal recorded by the trial court was totally perverse and contrary to the evidence on record and set aside the judgment of acquittal and convicted the appellant under section 376, ipc, and sentenced him to seven years rigorous imprisonment, which was the minimum sentence for the offence of rape under section 376, ipc.5. ..... prosecution has to prove its own case beyond reasonable doubt and cannot take support from the weakness of the case of defence and hence there must be proper legal evidence to record the conviction of the accused. .....

Girjabai Sambhaji Jadhav and Others Vs. Kanta Damji Shah and Others

Court : Mumbai

..... therefore, the evidence desired by the appellants would be wholly irrelevant and resultantly any further question of presumption under section 114 illustration (g) of the indian evidence act does not arise. ..... according to him, this evidence being in exclusive possession of the respondents, non-production of it would give rise to the presumption under section 114 illustration (g) of the indian evidence act that the evidence if produced would be unfavourable to ..... the principle of burden of proof under section 101 of the indian evidence act is based on the rule, ie incumbit probatio qui dicit, non qui negat, which means that the burden of proving a fact rests on the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable ..... sections 101 and 102 of the indian evidence act which have been heavily stressed upon ..... relying upon the provisions of sections 101 and 102 of the evidence act, he submits that since the respondents had filed a suit alleging that the appellants are trespassers in respect of the two rooms, the burden of proof rested on them to establish the allegation of the appellants ..... the appellants in their statements recorded before the assistant commissioner of police had claimed that appellant no.2 in first appeal no.1002 of 2010 and the appellant in first appeal no.1003 of 2010 were working as sweepers with the predecessors of the respondents and in that connection they were occupying their .....

Sri G M Kumar Vs. Sri Kishan Hegde

Court : Karnataka

..... when such being the case, i do not find any error in the findings of both the courts in considering electronic evidence and the law is settled that the secondary evidence can be relied upon subject to production of certificate under section 65b(4) of the indian evidence act. ..... state of haryana reported in (2022) 4 scc321with regard to the admissibility and production of certification under section 65b(4) of the indian evidence act, it is held that when the original hard disk was produced and the same was marked and same was not displayed and only certified material was marked and displayed before the court and even apex court also held that even original is marked and certified copy i.e. ..... , the electronic record must be regarded as a document. ..... it is further contended that the appeal proceedings being continuation of the trial court, the appellate court can record additional evidence by calling the parties before the court, summon additional documents and dispose of the appeal based on the additional evidence. ..... state of kerala and another reported in (2020) 9 scc161and brought to notice of this court para no.50, wherein an observation is made that the contents of the memory card/pen-drive being electronic record must be regarded as a document. ..... the first appellate court, having perused the records, observed that the respondent had retrieved the data with regard to telecasting of alleged defamatory news item on 29.03.2017 and 30.03.2017 from his mobile. .....

Mannarsamy Naicker (Died) and Vs. Nagammal,

Court : Chennai

Reported in : (2009)6MLJ332

..... or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions herein before contained.b) section 92 of the indian evidence act, 1872 is also extracted hereunder for ready reference:exclusion ..... about the execution of oral documentary evidence.a) section 91 of the indian evidence act 1872 is extracted hereunder for ready reference:evidence of terms of contracts, grants and other dispositions of property reduced to form ..... useful to refer the provisions of sections 91 and 92 of the indian evidence act, 1872, contained in chapter 6.12. ..... indian evidence act, 1872. ..... transaction are reduced to writing, it is impossible to lead evidence to contradict its terms in view of section 91 of the evidence act. ..... the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, .....

State By Anavatti Police Station Vs. Vasantha @ Vasanthakumar M.p.

Court : Karnataka

..... . section 113b of the indian evidence act, 1872 relates to presumption as to dowry death and it proclaims that when the question is whether a person has committed dowry death of a woman and it is shown that soon before her death such woman has been 38 subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had ..... . even the court having presumptive value under section 113b of the indian evidence act, 1872 ..... . it is the quality and not quantity which determines the adequacy of evidence as has been provided by section 134 of the indian evidence act, 1872 ..... . but criminal law was set into motion on receipt of a complaint as per exhibit p6 and based upon the complaint made by the complainant, the criminal prosecution has been launched by recording an fir as per exhibit p20 and drew the map of scene of crime as 18 per exhibit p21 and so also drew the seizure mahazars at exhibit p2, p3 and p5 inclusive of inquest mahazar at exhibit p4 held over the dead body ..... . but no evidence is forthcoming 29 specifically on the part of the prosecution even though pw-1 and pw-2 have been subjected to examination on the part of the prosecution thoroughly and police have seized the belongings of sridevi and drew a mahazar as per exhibit p3 which bears the signature at exhibit p3(a) .....

Smt. Ram Devi and ors. Vs. Jagdish Chander

Court : Punjab and Haryana

Reported in : (1994)107PLR175

..... of section 65 of the indian evidence act to lead secondary evidence are, thus, certainly available on the records of the ..... in this order are only for the purpose of deciding the application under section 65 of the evidence act and shall not be construed as an expression of opinion. ..... during the pendency of this regular second appeal which arises from judgment and decree passed by the trial court decreeing the suit of plaintiff jagdish chander and so confirmed by the first appellant court, this application under section 65 of the indian evidence act for permission to lead secondary evidence so as to prove the will set up in the written statement ..... colluded with revenue officials and got entered the name of plaintiff as tenant in the revenue record and themselves as owners. ..... the will by observing in paragraph 8 of its judgment that the will had not been produced on records; there were contradictions regarding written will in the mutation and there was no mention that the natural heirs of pokhar dass were debarred. ..... so, the two sisters would not have deputed their attorney to be present at the time of sanction of the mutation and jagdish chander would not have stood excluded from the land which was the subject matter of that mutation no. ..... facts with regard to land holding of pokhar dass and plaintiff, are made out from the contents of the application filed by the appellants in this court under order 41 rule 27 read with section 151 of the code of civil procedure alongwith supporting .....

A.A. Mohammed Nissam Vs. The State of Kerala, Represented By The Publi ...

Court : Kerala

..... even though such an exercise was done by the investigating officer, the prosecution has not relied on the said dvds as, according to the prosecution, there was no certification as mandated under section 65b(4) of the indian evidence act, 1872 making it admissible in evidence as an electronic record. 2. ..... the said request was denied by the court below mainly on two grounds:- (1) it is not an electronic record admissible in evidence as it does not contain proper certification within the meaning of section 65b(4) of the indian evidence act, and (2) the same not being a previous statement of the witness, the defence cannot encash it for the purpose of contradicting the witness. 4. ..... matters being so, the said documents marked as d30 and d31 in evidence, even if those documents are admissible under section 65b(4) of the indian evidence act as an electronic record, the same cannot be made use of as a previous statement within the meaning of section 145 as well as section 155(3) of the indian evidence act. ..... even assuming that it is an electronic record, and in case there is due certification as contemplated under section 65b(4) of the indian evidence act, the question to be considered is whether such a document can be made use of under section 145 of the indian evidence act to cross-examine pw22 on the basis of its contents or whether the credit of pw22 can be impeached under section 155(3) of the indian evidence act? 7. .....

Mehiboobsab Vs. Upalokayukta and ors.

Court : Karnataka

Reported in : ILR2002KAR2535; 2002(6)KarLJ57; (2003)ILLJ148Kant

..... unlike in a criminal proceedings, the strict rules of evidence and the provisions of the indian evidence act do not apply in a disciplinary proceedings. ..... on the other hand, as noticed above, the technical and strict rules of evidence and principles underlying criminal justice are inapplicable to departmental proceedings, the object of which is to ensure discipline in the workplace and to effectuate efficiency in administration and in performance/production.18.3 thirdly, neither the plea of double jeopardy based on article 20(3) of the constitution and section 300 of the cr. p.c. ..... in that case, a government servant, who was convicted under section 302 of the ipc, was, on appeal, acquitted by the high court for want of evidence, as all the material witnesses had turned hostile. ..... normally on an honourable acquittal of the employee by the criminal court, the departmental proceedings, in deference to the findings recorded by the court, are not initiated but if the acquittal is based on a technical ground or the employee concerned is given benefit of doubt, the departmental proceedings on the same charges can still be initiated and if already pending can be concluded uninfluenced by the order of discharge or acquittal recorded in the criminal case on the said grounds'.17. ..... a complaint/fir followed by an investigation, results in formation of an opinion by the investigating officer which is recorded in the final report under section 173 of the cr. p.c. .....

Tara Chand Rampal Vs. the State

Court : Delhi

Reported in : 1974CriLJ1346

..... any statement reduced into writing or part thereof, if duly proved, can be used by the accused and with the permission of the court by the prosecution to contradict the witness in the manner provided by section 145 of the indian evidence act, 1872 and any part of such statement can be used for re-examining the witness for the purpose of explaining any matter which may have come on the record in the course of the cross-examination. ..... this letter also bears my endorsement and signatures at point b and d (recorded subject to objection).no objection, to the admissibility of the statement quoted above, has been raised before me. ..... 5/a which bears my signatures at point a/lthe answers were obtained by exercising the permission given by the court within the scope of section 154 of the indian evidence act and no statement of the witness recorded during the investigation under section 161 of the code was put to him. ..... 2/c and handed over the parachutes to constable murari lai whose signatures i obtained at point a thereon. ..... at point z are signatures of harnam singh against said entry.a reference to the urdu statement of p.w. ..... he identified that the signatures marked 'z' on ex. p.w. ..... signatures marked z on ex. p.w. .....