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Landmark Judgments and Articles on Law

Certificate under Section 65­B(4) is not always mandatory.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 20825-­20826 OF 2017 ARJUN PANDITRAO KHOTKAR ….APPELLANT(S) VERSUS KAILASH KUSHANRAO GORANTYAL AND OTHERS …RESPONDENT(S) WITH CIVIL APPEAL NO(s). 2407 OF 2018 VIJAY ….APPELLANT(S) VERSUS ARJUN AND OTHERS …RESPONDENT(S) CIVIL APPEAL NO(s). 3696 OF…

Certificate Under Section 65B(4) Evidence Act is a condition Precedent to the Admissibility of Electronic Evidence

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 20825-20826 OF 2017 ARJUN PANDITRAO KHOTKAR …Appellant Versus KAILASH KUSHANRAO GORANTYAL AND ORS. …Respondents WITH CIVIL APPEAL NO.2407 OF 2018 CIVIL APPEAL NO.3696 OF 2018 JUDGMENT R.F. Nariman, J. 1. I.A. No.134044 of…

Bombay HC: Electronic evidence cannot be used for cross-examination without a certificate as per S.65B of Evidence Act

In the High Court of Bombay, Aurangabad Bench (Before Vibha Kankanwadi, J.) X Vs State of Maharashtra Criminal Writ Petition No. 1579 of 2019 With Criminal Application No. 3214/2019 Decided on January 13, 2020 Citation: 2020 SCC OnLine Bom 143 The Judgment of the Court…

Precaution to be taken by Investigating officer for Preserving Electronic Evidence in Mobile phone

IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl. No. 7022 of 2018 Decided On: 02.11.2018 Vijesh Vs. The State of Kerala and Ors. Hon’ble Judges/Coram: Raja Vijayaraghavan V., J. 1. This application is filed under Section 439 of the Cr.P.C. 2. The applicant…

Appreciation of electronic evidence in cheque dishonour case

IN THE HIGH COURT OF BOMBAY Criminal Revision Application No. 432 of 2015 Decided On: 14.03.2017 Jaimin Jewelery Exports Pvt. Ltd. and Ors. Vs. The State of Maharashtra and Ors. Hon’ble Judges/Coram: Anuja Prabhudessai, J. Citation: 2017 ALL MR (Cri) 2994 1. By this revision application…

Whether electronic evidence is admissible even if certificate U/S 65B of Evidence Act is not produced?

Basic principles to be followed by court While deciding review application

Whether electronic justification is accessible in deficiency of certificate as per S 65B of justification Act

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE JURISDICTION CRIMINAL APPEAL NO. 432 OF 2012 1. Balasaheb Gurling Todkari, Age. 51years, Occ: Agriculture, 2. Popat Dattu Mane, Age. 55 years, Occ: Agriculture, 3. Shivaji Tulshiram Koyalkar, Age. 58 years, Occ:…

Whether court should rely on electronic evidence produced without certificate as per S.65B of Evidence Act?

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When court Should ask to disclose of electronic evidence of party’s own case.

IN THE HIGH COURT OF DELHI AT NEW DELHI Dated: 08.05.2017 CS(OS) 143/2015 NAVEEN JINDAL Vs M/S ZEE MEDIA CORPORATION LTD CORAM:HON’BLE MR. JUSTICE VIPIN SANGHI 1. This chamber appeal has been preferred by the defendants against the order dated 08.03.2017 passed by the learned…

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