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rahulrai   31 August 2015

138 ni act

 

Sir,

In November 2010 I had given purchase order for materials with 5 security cheques mentioning in my email that the same was send "for safe keeping".

I had issued the cheques and send the email printout with the cheques before the commencement of business.

The Complainant company has said that the cheques were issued against outstanding.

The Trial court has rejected my claim saying that it is not according to the Indian Evidence Act.

How can I submit the email as a acceptable proof in the appeals court.

Please help me with your valuable adivse.

 



Learning

 10 Replies

puja saxena (private practice)     31 August 2015

You can submit your emails along with application u/s 65 B of evidence act. Adv puja 9871558892

rahulrai   31 August 2015

Thanks for your reply

How do I make the application u/s 65 B of evidence act and where do I have to make the same.

Thanks very much

Rahul

puja saxena (private practice)     31 August 2015

U r filing appeal against the impugned order ,in that appeal file those emails take leave if court to file the said application

puja saxena (private practice)     31 August 2015

U r filing appeal against the impugned order ,in that appeal file those emails take leave if court to file the said application

SAINATH DEVALLA (LEGAL CONSULTANT)     31 August 2015

The trail court cannot reject outrightly if it is according to the Information Technology Act 2000:

 The Indian Evidence Act, 1872 and Information Technology Act, 2000 grants legal recognition to electronic records and evidence submitted in form of electronic records. According to section 2(t) of the Information Technology Act, 2000 “electronic record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. The Act recognizes electronic record in a wide sense thereby including electronic data in any form such as videos or voice messages. The Information technology has made it easy to communicate and transmit data in various forms from a simple personal computer or a mobile phone or other kinds of devices. The Information Technology Amendment Act, 2008 has recognized various forms of communication devices and defines a “communicationdevice” under section 2 (ha)of the Act “communication device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image. The Indian IT Act 2000 lays down a blanket permission for records not to be denied legal effect if they are in electronic form as long as they are accessible for future reference.

rahulrai   24 September 2015

Sir,

please tell me the procedure to change the lawyer .

SAINATH DEVALLA (LEGAL CONSULTANT)     25 September 2015

Obtain NOC from the previous lawyer and give vakalat to a new one.Though not mandatory as per Adv Act but the procedure.

rahulrai   25 September 2015

Thank you very much sir.

legal problems (PROPER SOLUTION EFFORTS FOR COMPLEX PROBLEMS. youract@gmail.com)     25 September 2015

Being for defense we will tell you that please do not waste time for lousy defense.

 

Security cheque theory is rejected by all courts.

 

Please find other  tehcnical issues to defend the case and you can sure come out.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 September 2015

THE OUTCOME OF THE NI ACT PURELY DEPENDS ON TECHNCALITIES INVOLVED RIGHT FROM THE DAY U GIVE THE CHEQUE TO THE STATUTORY NOTICE U RECIEVE.HENCE THE PRESENCE OF A GOOD AND AN INTELLIGENT DEFENCE LAWYER IS MANDATORY FOR THE ACCUSED.


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