Can an email communication be treated as an evidence in a case
26-Jun-2023 (In Cheque Bounce Law)
if we have communicate our distributor through email for his A/c Balance Confirmation and also we his email ID & same clause in our distributor agreement then its entitle to present the same in court - at that time its communication is acceptable or not under court. above communication of balance confirmation we need to use in U/s 138.
Under section 138 of NI Act, You shall annex it with the application of section 65B of the Indian Evidence act, 1872 as amended upto date and it will be considered as a part and parcel of the evidence in the court of law.
Helpful?
40+
Yes a print out of the said communication is acceptable by Court as you even need not produce a certificate under Section 65B Evidence Act to prove authenticity of the said e-mail in view of Judgment dated 30.01.2018 of Supreme Court in Shafhi Mohammad Versus State of Himachal Pradesh.
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yes nowadays court is accepting social media communication as an evidence. Email, WhatsApp, Facebook etc, all are accepted as one of the mode of evidence.
If the email consists of acceptance of the contract or order then any refusal on part of the either party can attract litigation against each other citing email communication as evidence.
If the email consists of acceptance of the contract or order then any refusal on part of the either party can attract litigation against each other citing email communication as evidence.
Helpful?
46+
Hello sir,
Yes you can present email communication in court along with the application under Section 65B of evidence act. This application ensures that the evidence provided by you is true and correct.
Yes you can present email communication in court along with the application under Section 65B of evidence act. This application ensures that the evidence provided by you is true and correct.
Helpful?
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Yes, communication via email is acceptable. According to Anvar PV vs. PK Basheer and Others [(2014) 10 SCC 473], the Supreme Court held that any documentary evidence by way of an electronic record under the Evidence Act, in view of Section 59 and Section 65 A can be proved only in accordance with the procedure prescribed in Section 65B. Section 65 B deals with the admissibility of the electronic record. Only if the electronic record is duly produced in terms of Section 65B of the Evidence Act, the question would arise as to the genuineness thereof and in that situation, resort can be made to Section 45A - opinion of examiner of electronic evidence.
The certificate under Section 65B can be given by "any person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities such as director of a company, network administrator of a company, user or computer operator during that period.
Hence, to answer your question a copy with the email can be given accompanied by a Certificate under Section 65B (4) of the Evidence Act.
The certificate under Section 65B can be given by "any person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities such as director of a company, network administrator of a company, user or computer operator during that period.
Hence, to answer your question a copy with the email can be given accompanied by a Certificate under Section 65B (4) of the Evidence Act.
Helpful?
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