65B certificate issued by an interested party

ARJUN PANDITRAO KHOTKAR VS KAILASH KUSHANRAO GORANTYAL - 14 Jul 20

India - Supreme Court

65B(4) of Evidence Act, and require that such certificate be given by such person/persons – Though Section ... not reply to such demand, party asking for such certificate can apply to Court for its production under provisions aforementioned ... the requisite certificate being issued under Section 65B(4) in the facts of this case, as was correctly held by the High Court. ... by a party who is not in possession of an electronic device is also wholly incorrect. ... Therefore, if the police or other individuals (interested, or party to any form of litigation) fail to secure those records -or secure

DHRUBEN GURALDAS BALANI VS STATE OF GUJARAT - 06 Jan 22

India - Gujarat

paragraphs on secondary evidence on electronic record with reference to Section 59, 65A and 65B of Evidence Act, if an electronic ... Case prosecution examined victim – P.W.27 at Exhibit-278 and during the course of examination-in-chief of victim, accused moved an ... Criminal Procedure Code,1973 - Sections 309, 311, 294, 482, 313, 294(3), Sub-section (1) of Section 293 - Evidence Act - Sections 58, 65B ... , then the production of post-dated certificate i.e. one issued after commencement of the trial, would in all probability render ... (1), together with the requisite certificate under Section 65B(4). ... When the genuineness of the document filed by one party is not disputed and thereby admitted by the other party, the document can

Balmukund Singh Gautam VS Neena Vikram Verma - 18 Jun 18

India - Madhya Pradesh

respondent -- meeting was of party workers at their office wherein few workers participated -- neither journalists nor public invited ... -- did not prepare the electronic record -- certificates not in conformity with requirements of S.65B -- not admissible. ... as election agent of respondent -- CD not admissible in evidence for want of compliance in terms of sub-section (2) of section 65B ... He stated to have proved exhibit P-14, a certificate issued under section 65B of the Evidence Act signed by him from the portion ... He had prepared and issued the certificate, exhibit P-13. ... issued by him under section 65B of the Evidence Act is proved as exhibit P-12 bearing his signature from the portion 'A to A'.

Tirthankar Sarkar VS State of West Bengal - 19 Apr 23

India - Calcutta

Indian Evidence Act, 1872 - Section 65B - Information Technology Act, 2000 - Section 67 - Indian Penal Code ... , 1860 - Sections 354A(1)(iv)/354D(1)/506/509 - Quashing of criminal proceedings - Petitioner has abused her by attacking her integrity ... Ujjwal Datta, Learned counsel for the petitioner has submitted that the certificate issued under Sec. 65B of the Indian Evidence ... of mobile no. was certified and it has no connection with the offences alleged and only if certificate under Section 65-B is issued ... the police authorities nor certificates certifying them under Section 65B of Evidence Act were issued; on the contrary only CPRs

Vijay kumar Piraji Chinchalkar VS State Of Maharashtra - 09 Sep 19

India - Bombay

, who is in a position to produce such certificate being in control of the said device and not of the opposite party. ... , as required by Section 65B of the Evidence Act, is not sine-qua-non for proving the electronic evidence and for that purpose, he ... (4) of the Evidence Act of furnishing the certificate, is to be applied only when such electronic evidence is produced by a person ... The evidence of an interested witness cannot be accepted by itself. ... , withholds it, the court can draw an adverse inference against such party. ... by Sections 65A and 65B.

Gopal Santra VS State of West Bengal - 25 Jan 23

India - Calcutta

also filed applications under Section 311 of the Cr.P.C. to examine witnesses and present electronic evidence, which were rejected by ... of Acts and Sections: Section 448/307/34 of the Indian Penal Code, Section 302 of the IPC, Section 311 of the Cr.P.C., Section 65B ... Act - The court discussed the application of Section 311 of the Cr.P.C. and the admissibility of electronic records under Section 65B ... (4) of the Evidence Act where either defective certificate is given or no such certificate was issued and require that such certificate ... We may only add that this is so in cases where such certificate could be procured by the person seeking to rely upon an electronic ... unfair advantage to opposite party, the power conferred under Section 311 of the Cr.P.C. must be invoked by Court only in order

Vijaykumar Piraji Chinchalkar VS State of Maharashtra - 09 Sep 19

India - Crimes

by Section 65B of Evidence Act. ... Act – Computer generated electronic record is admissible in evidence provided the same is accompanied by certificate, as required ... – Computer generated electronic records in evidence are admissible at a trial if proved in manner specified by Section 65B of Evidence ... The evidence of an interested witness cannot be accepted by itself. ... by Sections 65A and 65B. ... Thus, in the case of CD, VCD, chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the

RATTAN CHAND VS STATE OF HIMACHAL PRADESH - 28 Mar 19

India - Himachal Pradesh

the required certificate. ... the required certificate. ... The police conducted an investigation and arrested the accused, Rattan Chand, and Vikash Puri. ... the court in absence of certificate under Section 65B(4) of the Evidence Act, which party producing cannot possibly secure. ... Section 65B(2) of the Evidence Act; and ... (e) The certificate must be signed by a person occupying a responsible ... Thus, requirement of certificate under Section 65B(4) is not always mandatory." ... 15.

Jageshwar Lohra son of Makund Lohra VS State of Jharkhand - 18 Dec 20

India - Jharkhand

adduced in evidence without any objection, it is not open to petitioner to contend that said evidence is to be excluded in absence of certificate ... been marked as exhibits without any objection from side of petitioner, point of inadmissibility of Exhibit-2 and Exhibit-2/1 as an ... inadmissibility of Exhibit-2 and Exhibit-2/1 been raised before learned trial court at appropriate stage, prosecution would have got an ... (1), together with the requisite certificate under Section 65B(4). ... That an electronic record is not admissible unless it is accompanied by a certificate as contemplated under Section 65-B(4) of the ... (supra), as clarified by us hereinabove, is the law declared by this Court on Section 65B of the Evidence Act.

Rattan Chand VS State of Himachal Pradesh - 28 Mar 19

India - Crimes

way of statements of interested witnesses cannot be relied upon as they all being closely related with deceased were interested ... Indian Penal Code, 1860 – Sections 404 and 411 – Indian Evidence Act, 1872 – Sections 65A and 65B – Dishonest misappropriation of ... which is legally admissible – Present is a case of no evidence against accused persons – Whatever evidence having come on record by ... the court in absence of certificate under Section 65B(4) of the Evidence Act, which party producing cannot possibly secure. ... Thus, requirement of certificate under Section 65B(4) is not always mandatory.” 15. ... Whatever evidence having come on record by way of the statements of the interested witnesses i.e.

BHUWAN @ SONU VS STATE OF U. P. - 02 May 18

India - Allahabad

between two—Duration of decomposition of body of victim also matches with said period—Therefore, murder of victim was committed by ... Such party cannot be required to produce certificate under Section 65B(4) of the Evidence Act. ... the court in absence of certificate under Section 65B(4) of the Evidence Act, which party producing cannot possibly secure. ... He has been criticized to be an interested witness but no evidence was led by the defence to disbelieve the said witness.

Pramod S/o Madhavrao Rannavare VS State of Maharashtra - 07 Oct 21

India - Bombay

Findings of the Court : These two appeals are filed against judgment and order of conviction passed by ... (1), together with the requisite certificate under Section 65B(4). ... of this case, the Respondents, having done everything possible to obtain the necessary certificate, which was to be given by a third-party ... We may only add that this is so in cases where such certificate could be procured by the person seeking to rely upon an electronic

AKHIL KUMAR AGARWAL VS STATE OF UTTARAKHAND - 02 Sep 19

India - Uttarakhand

Such party cannot be required to produce certificate under Section 65B(4) of the Evidence Act. ... the court in absence of certificate under Section 65B(4) of the Evidence Act, which party producing cannot possibly secure. ... by Sections 65A and 65B.

ANANDAGOPAN.K
vs
ANTO ANTONY - 23 Nov 20

India - Kerala

corrupt practices based on a speech made by the respondent's wife. ... Fact of the Case: An election petition was filed disputing the election of a respondent to the Lok Sabha, claiming ... Any acts performed before this date cannot constitute grounds for declaring an election void under the provisions of the Representation ... be produced by a person to whom it sends a summons to produce such certificate, the party asking for the certificate has done all ... to produce a certificate in terms of sub-section (4) of Section 65B. ... The public is also substantially interested in it and it is so because election is an essential part of a democratic process.

Manoj Kumar Tiwari VS Manish Sisodia - 17 Dec 20

India - Delhi

The Delhi High Court quashed the summoning order issued by the Trial Court against the petitioners in a defamation case. ... Final Decision: The High Court quashed the summoning order issued by the Trial Court against the petitioners. ... containing the video recording of the press conference and the alleged defamatory tweets, but he had not produced the requisite certificate ... The said certificate under Section 65B of the Indian Evidence Act, 1872 is issued by the complainant himself dated 19.7.2019 which ... We may only add that this is so in cases where such certificate could be procured by the person seeking to rely upon an electronic ... It was further contented on behalf of the petitioner as regards Ex.CW1/24, that the certificate under Section 65B of the Indian Evidence

Ved Prakash Ahuja VS Roma Prakash Ahuja - 14 Jun 23

India - Bombay

was gifted to Prakash Ahuja by way of an oral family arrangement. ... Issues: The main issue was the rejection of the application under Exh. 453 by the Trial Court, which sought a proper certificate ... certificate directly from the concerned department or filed an application before the Court for directing the concerned department ... But the said certificate must be demanded by the party either on its own application or by moving an application before the Court ... or authority either refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can ... person to whom it sends a summons to produce such certificate, the party asking for the certificate has done all that he can possibly

Ambika Roy VS Hon'ble Speaker - 11 Apr 22

India - Calcutta

The Court held that the order of the Speaker was perverse as it failed to take into account the certificate submitted by the petitioner ... - ELECTION OF MEMBER TO PUBLIC ACCOUNTS COMMITTEE - DISQUALIFICATION OF MEMBER - VOLUNTARILY GIVING UP MEMBERSHIP OF POLITICAL PARTY ... The petitioner also challenged the order of the Speaker dismissing the petition filed by him for disqualifying the respondent No. ... It is denied that as a 'content viewer' the certificate provided by the petitioner fully complied with the provision of section 65B ... As regards electronic evidence adduced by the Opposite Party, the same is not accompanied by any certificate in terms of section ... We may only add that this is so in cases where such certificate could be procured by the person seeking to rely upon an electronic

S. Arundath VS Karnataka Lokayuktha Police Chikkaballapur District - 27 May 20

India - Karnataka

Finding of the Court: The court found discrepancies in the evidence presented by the prosecution, including inconsistencies ... The objection is that they were marked before the Trial Court without a certificate as required by Section 65B (4). ... PW-1 the complainant being an interested witness, his evidence could not have been relied on without corroboration. ... Applying this test to the present case, if an objection was taken to the CDRs being marked without a certificate, the Court could

Shradha Shipping Co. Pvt. Ltd. VS Adhithri Trading Company & Anr. - 25 Nov 14

India - Dishonour Of Cheque

B — Statement of account which was part of electronic record — Certificate u/s 65B of Evidence Act must be signed by person occupying ... complainant — Question was whether PW1 had authority to file complaint and had authority to depose on behalf of complainant — An ... company through Power of Attorney holder — Sessions Court in its acquittal judgment an appeal found that code of complainant was ... He further submitted that certificate under Section 65B of the Evidence Act was wrongly issued by PW1 and the statement of accounts ... Hence, PW1 had issued a certificate under Section 65B of the Evidence Act which is also a part of Exhibit 39-colly. ... Such certificate under Section 65B of the Evidence Act must be signed by a person occupying a responsible official position in relation

Shradha Shipping Co. Pvt. Ltd. VS Adhithri Trading Company - 25 Nov 14

India - Crimes

which was part of electronic record — Certificate u/s 65B of Evidence Act must be signed by person occupying a responsible official ... complainant — Question was whether PW1 had authority to file complaint and had authority to depose on behalf of complainant — An ... company through Power of Attorney holder — Sessions Court in its acquittal judgment an appeal found that code of complainant was ... He further submitted that certificate under Section 65B of the Evidence Act was wrongly issued by PW1 and the statement of accounts ... Hence, PW1 had issued a certificate under Section 65B of the Evidence Act which is also a part of Exhibit 39-colly. ... Such certificate under Section 65B of the Evidence Act must be signed by a person occupying a responsible official position in relation

Searched Results

ARJUN PANDITRAO KHOTKAR VS KAILASH KUSHANRAO GORANTYAL - 14 Jul 20

DHRUBEN GURALDAS BALANI VS STATE OF GUJARAT - 06 Jan 22

Balmukund Singh Gautam VS Neena Vikram Verma - 18 Jun 18

Tirthankar Sarkar VS State of West Bengal - 19 Apr 23

Vijay kumar Piraji Chinchalkar VS State Of Maharashtra - 09 Sep 19

Gopal Santra VS State of West Bengal - 25 Jan 23

Vijaykumar Piraji Chinchalkar VS State of Maharashtra - 09 Sep 19

RATTAN CHAND VS STATE OF HIMACHAL PRADESH - 28 Mar 19

Jageshwar Lohra son of Makund Lohra VS State of Jharkhand - 18 Dec 20

Rattan Chand VS State of Himachal Pradesh - 28 Mar 19

BHUWAN @ SONU VS STATE OF U. P. - 02 May 18

Pramod S/o Madhavrao Rannavare VS State of Maharashtra - 07 Oct 21

AKHIL KUMAR AGARWAL VS STATE OF UTTARAKHAND - 02 Sep 19

ANANDAGOPAN.K vs ANTO ANTONY - 23 Nov 20

Manoj Kumar Tiwari VS Manish Sisodia - 17 Dec 20

Ved Prakash Ahuja VS Roma Prakash Ahuja - 14 Jun 23

Ambika Roy VS Hon'ble Speaker - 11 Apr 22

S. Arundath VS Karnataka Lokayuktha Police Chikkaballapur District - 27 May 20

Shradha Shipping Co. Pvt. Ltd. VS Adhithri Trading Company & Anr. - 25 Nov 14

Shradha Shipping Co. Pvt. Ltd. VS Adhithri Trading Company - 25 Nov 14

ANANDAGOPAN.K
vs
ANTO ANTONY - 23 Nov 20