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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Gharonda Properties (India) Private Limited – Appellant
Versus
Anil Kumar Agrawal, son of Late Prabhu Dayal Agrawal – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Jitendra Kumar Pasari, learned counsel appearing for the petitioners and Mr. Indrajit Sinha along with Mr. Ashish Kr. Thakur and Ms. Prerna Jhunjhunwala, learned counsel appearing for the opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 31.07.2024 passed by learned Civil Judge (Senior Division) – XI, Dhanbad in Original Suit No.346 of 2021 whereby the learned Court has been pleased to allow the petition filed under Sections 32 and 39 of Indian EVIDENCE ACT filed by the plaintiffs/respondents and two compact disks (C.D.) have been directed to be exhibited filed on behalf of the plaintiffs/respondents.
3. Mr. Pasari, learned counsel appearing for the petitioners submits that the said compact disc (C.D.) has been allowed by the learned Court without following the procedure laid down under Section 65(B) of the India EVIDENCE ACT . He submits that in absence of any pleading and further without any amendment the said petition has been allowed which is not in accordance with law. He further submits that the certificate of the said disc has been signed by the plain
The admissibility of electronic evidence requires strict adherence to statutory requirements under the Indian Evidence Act, including proper certification and pleadings.
The court reaffirmed the necessity of a certificate under Section 65B of the Indian Evidence Act for the admissibility of electronic records, ensuring the integrity and authenticity of evidence prese....
For electronic records to be admissible as evidence, compliance with S.65B of the Evidence Act is mandatory.
Admissibility of electronic evidence – Non-Production of Section 65B of Indian Evidence Act, 1872 certificate is a curable defect and it can be produced at any time before completion of trial.
The certificate under Section 65-B of the Evidence Act must accompany the electronic record when it is produced in evidence, and the prosecution is obligated to supply all documents upon which relian....
Electronic records cannot be admitted into evidence unless the mandatory requirements of Section 65-B of the Evidence Act are satisfied, including obtaining a certificate in terms of Section 65-B(4) ....
The court upheld the trial court's decision to admit electronic evidence despite delays and clarified that a Section 65B certificate can be submitted later.
The absence of a Section 65-B certificate for electronic evidence is a curable defect and does not invalidate trial proceedings.
Point of Law : Remedy under Article 226 is discretionary remedy for doing complete justice and correcting injustice. So far Section 482 of the Code is concerned, if the high court finds necessary for....
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