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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Harmesh Singh @ Ramesh Singh – Appellant
Versus
Makhan Singh – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
1. Challenge is to the order dated 13th of November, 2018 passed by Civil Judge, Junior Division, Kharar whereby application filed by the plaintiff to tender electronic evidence w.r.t. conversation between the plaintiff and defendant No.1 stands rejected.
2. For convenience, the parties hereinafter referred to by their original position in the suit i.e. the petitioner as the plaintiff and the respondents as the defendants.
3. Plaintiff filed suit for declaration to the effect that he is owner in possession of the suit land to the extent of 1/20th share as described in the headnote of the plaint. Further sought declaration to the effect that sale deed dated 30.06.2015 executed by Harmesh Singh in favour of defendant No.1 Makhan Singh is illegal, null and void and is result of fraud.
4. While the evidence of the plaintiff was going on the plaintiff moved an application seeking permission to tender electronic evidence under the certificate as prescribed under Section 65-B of the Evidence Act along with CD/DVDs. In the application itself the plaintiff further pleaded that he was ready to tender the original mobile-phone to the satisfaction of the Court.
5. T
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) ....
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 rejection of a petition for secondary evidence based on a misconception of applicable legal provisions constitutes an error apparent on the face of the record, warranting correction under Article....
Secondary evidence – Photocopies of bank drafts and money receipts come within purview of Section 65 of Evidence Act, 1872.
For electronic records to be admissible as evidence, compliance with S.65B of the Evidence Act is mandatory.
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