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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Balbir Singh – Appellant
Versus
Shiromani Panth Akali Budha Dal Panjwan Takhat – Respondent
| Table of Content |
|---|
| 1. introduction of the case and its background. (Para 1 , 2 , 3) |
| 2. application regarding the admissibility of evidence. (Para 4 , 5 , 6) |
| 3. arguments by the petitioner and respondents. (Para 9 , 10) |
| 4. court's analysis on electronic evidence. (Para 12 , 20) |
| 5. requirements for admissibility of electronic records. (Para 13 , 14 , 15 , 16 , 17) |
| 6. court’s conclusion and dismissal of the petition. (Para 21 , 22) |
JUDGMENT :
VIKRAM AGGARWAL, J.
1. The present revision petition is directed against the order dated 21.07.2018 passed by the Court of learned Civil Judge (Jr. Divn.), Talwandi Sabo, vide which the application filed by petitioner-defendant for putting DVDs in the cross-examination of PW1 (Baba Dyal Singh) and other witnesses was rejected.
2. A suit (Annexure P-1) for declaration to the effect that respondent-plaintiff No.1 (Shiromani Panth Akali Budha Dal Panjwan Takhat) was the owner in possession of land situated in Village Talwandi Sabo, District Bathinda (fully described in the plaint) and that entries to the contrary in the revenue record by way of mutations and Will dated 11.06.2007 of Jathedar late Baba Santa Singh in favour of the petitioner-defendant were illeg
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....
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) ....
A party cannot introduce documents for cross-examination without prior pleading, and electronic evidence must meet admissibility criteria under Section 65B of the Evidence Act.
The admissibility of electronic evidence requires strict adherence to statutory requirements under the Indian Evidence Act, including proper certification and pleadings.
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....
The court emphasized that electronic evidence must comply with Section 65-B of the Evidence Act for admissibility, and the failure to provide necessary certification renders such evidence inadmissibl....
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