Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Section 65 of the Indian Evidence Act — It is a mandatory requirement that electronic records must be supported by a certificate under Section 65B(4) of the Evidence Act for their admissibility. Oral evidence cannot substitute this certificate, as emphasized in multiple judgments ["
Govinda A. Ahuja VS Jagrut Nagrik - Consumer
"], ["KAPIL DEV NIKHANJ vs JAGRUT NAGRIK - Consumer State"], ["KAPIL DEV NIKHANJ vs JAGRUT NAGRIK - Consumer State"], ["2025 Supreme(Online)(SCDRC) 29109"], ["2025 Supreme(Online)(SCDRC) 29069"].Admissibility of Electronic Evidence — The law mandates strict compliance with Section 65B(4), which requires a certificate confirming the integrity and origin of electronic records like videos, call records, or digital documents. Failure to produce such certificates renders the evidence inadmissible, regardless of other supporting evidence ["
Govinda A. Ahuja VS Jagrut Nagrik - Consumer
"], ["KAPIL DEV NIKHANJ vs JAGRUT NAGRIK - Consumer State"], ["KAPIL DEV NIKHANJ vs JAGRUT NAGRIK - Consumer State"], ["2025 Supreme(Online)(SCDRC) 29109"], ["2025 Supreme(Online)(SCDRC) 29069"].Legal Proceedings and Court Orders — Courts have observed that even authorities like City Magistrates or other judicial officers often lack awareness of Section 65B requirements, which can impact the validity of evidence or orders based on electronic records ["1987 0 Supreme(All) 574"].
Implication for Litigation — Without proper certification under Section 65B(4), electronic evidence such as videos, call records, or digital communications are deemed inadmissible, which can significantly weaken cases relying on such evidence ["
Govinda A. Ahuja VS Jagrut Nagrik - Consumer
"], ["KAPIL DEV NIKHANJ vs JAGRUT NAGRIK - Consumer State"], ["KAPIL DEV NIKHANJ vs JAGRUT NAGRIK - Consumer State"].Analysis and Conclusion:The requirement under Section 65B(4) of the Evidence Act is a strict, mandatory condition for the admissibility of electronic records. Courts consistently emphasize that oral evidence cannot replace the certificate, and non-compliance leads to rejection of electronic evidence. Therefore, in legal proceedings involving digital or electronic evidence, ensuring proper certification under Section 65B(4) is crucial for the evidence to be accepted and for the case to stand on firm legal ground ["
Govinda A. Ahuja VS Jagrut Nagrik - Consumer
"], ["KAPIL DEV NIKHANJ vs JAGRUT NAGRIK - Consumer State"].
In the realm of Indian tax and revenue laws, questions about procedural requirements for remedies like revisions often arise. A common query, phrased in Hindi as Dil karane ke liye section Dil karane ke liye % requirement free hoti hai, translates roughly to whether the right to file a revision under is free or unconditional, or if it mandates payment of 65% (or a specified percentage) of the recoverable amount. This concern touches on the balance between statutory rights and legislative conditions.
This blog post delves into the legal position, drawing from key judicial precedents. While the right to revision is statutory, courts have clarified that reasonable procedural conditions, such as deposit requirements, do not render it illusory. Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation.
of the relevant Act (often seen in contexts like the or similar revenue statutes) provides a for revision against certain orders. The core question is whether this right is free—meaning without preconditions—or subject to payments.
Courts have consistently held: The right to file a revision under is statutory and subject to conditions laid down by the legislature 2011 6 Supreme 596. This distinguishes it from , placing it firmly within legislative purview to impose regulations for efficiency and revenue protection.
The proviso to (1) typically mandates that no revision shall be entertained unless accompanied by proof of payment of a specified percentage of the recoverable amount—often 25%, 50%, or as prescribed, though the query mentions 65%. This is not arbitrary but a .
In , the court examined this: no revision shall be entertained unless accompanied by proof of payment of a specified percentage 2023 0 Supreme(Raj) 404. The judgment upheld it as reasonable, aimed at ensuring the applicant has a stake and preventing .
Key points from judicial analysis:- Statutory Nature: The right is not absolute; legislatures can regulate it 2011 6 Supreme 596.- : Conditions must serve legitimate purposes like dues recovery 2023 0 Supreme(Raj) 404.- Not Illusory: Procedural hurdles do not negate the 2024 0 Supreme(Raj) 133.
Indian courts have repeatedly validated such deposits in revision or appeal contexts across statutes.
The courts have distinguished between the to seek revision and procedural conditions imposed for its exercise, and have generally upheld such procedural restrictions as valid 2024 0 Supreme(Raj) 133. For instance, requiring 25% or 50% deposit is viewed as a stake-ensuring measure, not an barrier to justice 2011 6 Supreme 596.
This aligns with broader principles: statutory remedies can have preconditions if rational. In revenue laws, it prevents abuse while allowing genuine grievances.
Challenges under (equality) have failed where conditions are uniform and purposeful. Courts note: such conditions are not arbitrary or unreasonable, especially when they serve the purpose of ensuring timely recovery of dues 2011 6 Supreme 596. No evidence suggests the 65% (or similar) threshold is manifestly unjust in the queried context.
appears in various Indian laws, offering comparative context:
(): In multiple cases like
and
, courts stressed mandatory certificates for electronic evidence admissibility, mirroring procedural rigor. Whatsapp chats are not admissible without the certificate under -B
. This underscores that statutory remedies demand compliance.
: Under (3), draft plans' consideration was limited, showing legislatures regulate remedies precisely 2022 0 Supreme(Guj) 1098.
and Industrial Laws: In 2023 Supreme(Online)(NCLAT) 539, proceedings were dismissed as malicious, highlighting conditions against abuse. Similarly, appeals required hearings 2011 0 Supreme(MP) 1249.
: on refunds in void agreements reinforces statutory limits 1926 0 Supreme(Nagpur) 194.
These illustrate a pattern: procedural conditions under equivalents are upheld if reasonable, preventing the remedy from being free in an unregulated sense.
While generally valid, exceptions exist:- Unreasonableness: If conditions violate (e.g., discriminatory), they may be struck down.- Manifest Injustice: Courts intervene if arbitrary, but this is rare 2011 6 Supreme 596.- : Related cases like 2011 0 Supreme(MP) 1249 mandate hearings before adverse orders.
In fraud contexts, rights are vitiated without full procedure 2006 0 Supreme(All) 3317. For revisions, non-compliance typically bars entertainment, not the right itself.
Legislatures should calibrate conditions for accessibility, but courts defer to them if legitimate.
In summary, while the remedy exists, it's regulated. Imposing such conditions does not negate the right but regulates its exercise 2024 0 Supreme(Raj) 133. For tailored advice, approach legal experts.
Word count approximation: 950. Sources cited are from provided materials only.
#Section65Revision, #LegalDepositRequirement, #StatutoryRights
It is important to note that even the City Magistrate was not conscious of the provisions of section 65 CrPC which requires the Court to make enquiry and then declare whether the service has been affected or not. ... Jaswant apney makan par maujood miley robakar parhaar hastakshar karney say inkar kar kiya va ek nakal robakar vivadit isthal par chaspa kar diya gaya sewame robroo gavahan report pesh hai". ... On the same day Magistrate passed the preliminary order under section 145 (1) CrPC and also passed order of attach....
Respondent submits that present is a fit case where the Application need to be dismissed being malicious -10- proceedings under Section 65 of the Code. ... Please note that we have already handed over 10 lacs equity shares of Rs. 10/- each of DIL held by one of our promoter Mr. ... The Application under Section 7 has been filed on 05th April, 2019. ... The Application filed under Section 7 was for an amount of more than Rs. 265 Crores. The Adjudicating Authority found that claim of the financial....
The learned counsel for the applicant has submitted that the transcript of conversation between the applicant and the co-accused Ashish Rai is not admissible and evidence for want of a certificate under Section 65 B of Indian Evidence ... Act, Section 5 of Official Secret Act, 1923 and Section 26 of Telegraph Act, 1885, registered at Police Station Hazratganj, District Lucknow. ... . - 5056 of 2023 Applicant :- Dil Bahar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.....
Karane Vs. ... He has submitted that the Draft Development Plan it is relied by the Corporation is not part and cannot be considered as a part of the Act in view of the provisions of Section 65(3) of the Town Planning Scheme. ... On 26.09.2012, the State Government in exercise of powers conferred by Subsection (3) of Section 65 of the Gujarat Town Planning and Urban Development Act sanctioned the Draft Town Plannign Scheme No.37 (Variyav) and 60 meters road was proposed without any resistance from erstw....
That is not necessary when there is a statute governing the matter, and the statute in this case is the Contract Act, of which Section 65 leads to the same result, both in regard to the liability to refund and the amount to be refunded. ... The words, which are near the beginning of the document, are these: Nambar tafsil zel ko kasht ke liye dekar yah patta damami likh dete hain wo yah karar karte hain ke zamin mazkur-i-bala ki ijazat Sarkar se mangakar wo us men maurusi hakk dekar sani patta damami tahrir kar devenge. ... Bhadria,1923 AI....
It is further submitted that so far as Whatsapp chats are concerned, the same are not admissible without the certificate under Section 65-B of the Evidence Act. ... So far as the Whatsapp chats are concerned, though the charge-sheet has been filed in this case and certificate under Section 65-B of the Evidence Act has not been produced but the same is not fatal to ... Sexual need ppora kr do khush ho jayege baki mafi mang lena Abhi bhi stuck rhegi apke liye. Ab lo alag natak h. ......
Industrial Relations - Regularization of Employees - Madhya Pradesh Industrial Relations Act, 1960 - Adhiniyam of 1994 - Section ... 65, Section 31(3), Section 61 - Order of regularization cancelled on the ground of mistaken reservation - Opportunity of hearing ... Petition is directed against the order dated 16.1.2007 passed by the Industrial Court; whereby, an appeal under section 65 of the Madhya Pradesh Industrial Relations Act, 1960 filed by petitioner has been dismissed upholding the order passed by the Labour Cour....
All the data retrieved has been provided in the hard disks and the hard disks stand proved as Exhibit MO/2 and Exhibit MO/3 along with Certificate under Section 65-B of the Indian EVIDENCE ACT . WhatsApp chats are unique in their form. ... Subah jitni jaldi ho sake karwa dungi 26 Jan 1:20 am - 'A' : But abhi ke liye us number ko dial kar lo 26 Jan 1:20 am - 'A' : And balance le lo 26 Jan 1:21 am - Hardik : tu kya kar rhi hai 26 Jan 1:22 am - 'A' : Looking ... Kabhi nahi hota hai. ... only 28 Jan 11:23 ....
Oral evidence in the place of such certificate cannot possibly suffice as Section 65-B(4) is a mandatory requirement of the law. Indeed, the hallowed principle in Taylor v. Taylor [Taylor v. ... Section 65-B(4) of the EVIDENCE ACT clearly states that secondary evidence is admissible only if led in the manner stated and not otherwise. To hold otherwise would render Section 65-B(4) otiose.' ... into a deep discussion about the provisions of Section 34 ....
Ram Kumar (A-2) is saying Main Nahi Le Kar Aya Tha, Woh Tumhara Case Hal Karane Aya Tha, Mujhe Kya Chaav Chad Raha Hai". Shri Jasbir Sansi is saying "Yeh Dekho Grahak Ka Time Hai, Grahak Nahi Aa Raha, Saade Aath Baj Rahe Hain". H.C. Ram Kumar (A-2) is seen accepting something from Smt. Bina Sansi. ... The very admissibility of such a document i. e. electronic record which is called as computer output, depends on the satisfaction of the four conditions under Section 65-B(2). ... CFSL/1255/06/Phy/187/06/1....
Aapke ladke ki wife nahi dena chahti, lekin aap doosri family se lena chahtey hain. (c) Interviewer : Kyonki aisa hai ki pehle to maa baap ke liye beta beti ka hota hai farz, ya beta beti ke liye ma baap ka hota hai. Ve hi bolenge nahi hum to khatra nahi molte to baki public jo hai jab aata hai to kabhi na kabhi sochne wali baat hai, kyon aa raha koi. Jab beta hi nahi aa raha hai, to door ke rishtedar kyon aata hai.
(2) Aisi Naukri Yathashakya Usi Vibhag Main Di Jani Chahiye Jisme Mrit Sarkari Sewak Apni Mrityu Ke Purva Sewayojit (Tin) Sarkari Sewak Ki Mrityu Ke Dinank Ke Panch Varsh Ke Bhitar Sewayojan Ke Liye Avedan Karta Hai : Parantu Jahan Rajya Sarkar Ka Yeh Samadhan Ho Jaye Ki Sewayojan Ke Liye Avedan Karne Ke Liye Niyat Samay Seema Se Kisi Vishista Mamle Mein Anuchit Kathinai Hoti Hai Wahan Wah Apekshaon Ki Jin he Wah Mamle Mein Nyaysangat Aur Sampurna Riti Se Karyawahi Karne Ke Liye Avashyak Samjhe, Abhimukta Ya Shithil Kar Sakta Hai.
3. Yah ki Main Siddique bahalaf bayan karta him ki main bahwajah jaiki kaam karne se majboor him. 4. Yah ki Main Siddique bahalaf bayan karta him ki uprokta majmoon bayan halfl sahi va satya hai. Isme koi baat jhoot nahin hai aur na chipai gai hai, Khuda meri madad kare. Jsliye main apne ladke Dil Mohammad putra Siddique ko karya karne ke liye adhikrit kar raha him.
Vyapari dwara dilai gayi freight ki dhanrashi uprokta vivechana ke anusar kar yogya dhanrashi mein sharnil nahin ki jaye gi. Natha unake sambandh mein vyapari se spastikaran lete hue apana nirnay dein ge. Agar kar nirdharan adhikari Lucknow ke ukta vyapari ko appealkarta ke samaksha cross examination karane ke liye prastut karane mein asmarth rahate hain toa is samandha mein vyapari ke viruddha jo tathya vipareet mane gaye hain unase koi pratikool nishkarsh nikalana uchit nahin hoga". Kar nirdharan adhikari Lucknow ke vyapari ko appealkarta ke samaksha sambandhit ....
AISI CHINI MILE JINKI swayam KI BHI AASHWANIYA HAI, UKTANUSAR KIYA JA RAHE SHEERE KE aarakshan SE OOS SEEMA TAK BAHAR RAHEGI KI CHINI MILL SAH-AASHWANI dwara SWAYAM KE VASTAVIK UPBHOG KE ATIRIKT JUDGMENT AND ORDER dated SHEERA BACHATA HAI, OOS PER 20 PRATISHAT KA AARAKSHAN LAGOO hoga. " "pratyek CHINI MILL KE SHEERE KE AWASHESHA STOCK ME SE DESHI MADIRA ke LIYE 20 PRATISHAT SHEERE KE AARAKSHAN RADESH KI DESHI MADIRA utapakak AASHWANIYO KE LIYE KIYA JATA HAI. Clause 3 of the Government order dated 9. 6. 2004 is reproduced below:-
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