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Landmark Judgments and Articles on Law

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…

Whether the court can refuse to admit tape-recorded evidence produced by the husband if it is infringing the privacy of wife?

IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH) Writ Petition No. 7479 & 7484/2014 Decided On: 21.05.2015 Anurima Vs. Sunil Mehta Hon’ble Judges/Coram: S.R. Waghmare, J. Citation: AIR 2016 MP 112 1. These two petitions are being dealt together since they are cross petitions…

Delhi HC: Reliability of Electronic Evidence as per S.114 of Evidence Act if conditions mentioned in Section 65B of Evidence Act are satisfied

IN THE HIGH COURT OF DELHI Crl. A. 711/2014 Decided On: 24.11.2015 Kundan Singh Vs. The State Hon’ble Judges/Coram: Sanjiv Khanna and R.K. Gauba, JJ. Citation: MANU/DE/3674/2015 1. In this appeal, Kundan Singh challenges judgment dated 18th January, 2014, passed in S.C. No. 32/2008 arising…

Section 65B of Indian Evidence Act

65B. Admissibility of electronic records.— (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output)…

Cert. u/s 65B Can be filed at any Stage Of Trial

High Court of Rajasthan Jaipur Bench Paras Jain & Others v/s State of Rajasthan S.B. Criminal Revision Petition Nos. 131 of 2015, 1329, 1467, 1353, 1218, 1327, 1352, 1351 & 1328 of 2014 Decided On, 04 July 2015 By, THE HONOURABLE MR. JUSTICE PRASHANT KUMAR…

Whether Court can relax requirement of production of certificate U/S 65B of Evidence Act for proving electronic evidence?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRL.)No.2302 of 2017 SHAFHI MOHAMMAD Vs THE STATE OF HIMACHAL PRADESH Dated: January 30, 2018. (1) One of the questions which arose in the course of consideration of the matter was whether videography of…

How to prove Email Evidence?

IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE PRESENT: The Hon’ble Justice Nishita Mhatre And The Hon’ble Justice Tapash Mookherjee CRA 454 of 2009 Abdul Rahaman Kunji … Appellant vs. The State of West Bengal … Respondent With CRA 624 of 2009 Akib Ali…

Is it necessary to prove certificate as per section 65B of evidence Act to prove Tape recorded evidence

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. JUDGMENT D.B. CRIMINIAL APPEAL NO. 151/2007 SUNIL PANCHAL VS. THE STATE OF RAJASTHAN. DATE OF JUDGMENT : 03.06.2016 MR. JUSTICE MOHAMMAD RAFIQ MR. JUSTICE VIJAY KUMAR VYAS Citation: 2016 CRLJ 4238 Raj These two…

Format of Certificate u/s 65 B of Evidence Act

What should the “Certificate” under section 65 B of the Indian Evidence Act 1872 contain?   The certificate should: describe the manner in which the electronic record was produced furnish the particulars of the device involved in the production of that record deal with the applicable conditions mentioned under…

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