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Can phone messages be used as an evidence to recover money
02-Apr-2023 (In Recovery Law)
I had given my friend an amount of 4 lakhs by cash,its been two years he hasn't paid back when called does not answer ,after number of follow ups he just avoids ,to one of my sms he responded stating he will not pay a penny do whatever you want.
I have no proof I blindly trusting him ,only proof i has is whatsup and SMS messages ,pls advice what can be done legally.
Be rest assured that the messages in Whatsapp and SMS can be taken as an evidentiary value
to prove your case, the Indian evidence act 1872, and IT act 2002, have recognised elctronic records admissible as evidence in court of law. The law has been laid down in State of Delhi Vs Mohd.Afzal that SMS (electronic records) are admissable as evidence.Further it is held that if some one challenges the authencity of the documents then the burden is on him to prove the same beyond reasonable doubt.
You can file a suit for recovery of money, however you must pay court fees for the claimed amount
and the claim must be within 3 years, answered accordingly.
Pratap, Adv
to prove your case, the Indian evidence act 1872, and IT act 2002, have recognised elctronic records admissible as evidence in court of law. The law has been laid down in State of Delhi Vs Mohd.Afzal that SMS (electronic records) are admissable as evidence.Further it is held that if some one challenges the authencity of the documents then the burden is on him to prove the same beyond reasonable doubt.
You can file a suit for recovery of money, however you must pay court fees for the claimed amount
and the claim must be within 3 years, answered accordingly.
Pratap, Adv
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Adv. Pratap Kumar
Bangalore | 200+ Answers
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You can file a case for Recovery of Money in the court. You will need all documentation in support of your claim that you had indeed given him an amount of Rs. 4 lakhs as a loan. Electronic messages can be used as evidence in Court. Please use a mobile app and create a back up of the messages.
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