How to submit a fixture downloaded from internet as evidence
4WhatIsRight
(Querist) 20 April 2018
This query is : Resolved
I want to submit a schedule fixture of some event as evidence in a civil suit.
Schedule fixture of that event is available on many sites.
Can someone please suggest how can I submit a downloaded print out version of that fixture as evidence in a civil suit?
I shall be obliged if any expert takes the pain to explain the necessary procedure for the same to be admitted as an evidence.
P. Venu
(Expert) 20 April 2018
It is only your lawyer who is fully informed of your case, who can be of assistance to you.
Kumar Doab
(Expert) 20 April 2018
Your own very able Local senior counsel of unshakable repute and integrity specializing in concerned field of law and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…………………..that is well versed with matter is to advise you.
4WhatIsRight
(Querist) 21 April 2018
Mr.P.VENU and Mr.Kumar Doab.....can you please explain the objective of LCI? If one has to get all advice from his counsel then where is the need for this forum.
Is this a knowledge share platform with an objective to help people who are in need of it or a poaching ground ?
When you don't have answers, it is better to remain silent.....at least your incompetence won't get exposed.
Vikas Hedau
(Expert) 23 April 2018
You can take print out and submit as secondary electronic evidence under section 65-B(4),
"
(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, -
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. "
see Anvar P.V vs P.K.Basheer & Ors . reported in (2014) 10 SCC 473
by certificate here it means an affidavit
Vikas Hedau
(Expert) 23 April 2018
IT IS SAMPLE CONTENTS OF AFFIDAVIT/CERTIFICATE
1. I state that I was employed in the chartering division of Sahi Oretrans (Pvt) Ltd. (hereinafter for the sake of brevity referred to as Sahi), a company having its office at 30 Western India House, 3rd Floor, Sir. P.M. Road, Mumbai 400 001. I state that Sahi acted as the ship broker in respect of the charter-party concluded between the petitioners and respondents, abovenamed.
2. I state that being employed in the chartering division of Sahi, I was personally involved in the transaction. I state that being ship brokers all emails were forwarded to the petitioners and the respondents through computer terminals in Sahi's office, by me. In fact, my name appears in almost all the email correspondence.
3. I state that by virtue of my employment I was authorized to use the computer terminals in Sahi's office. Further, the computer terminals used by me were functioning normally at all times. Further, since I was personally involved in the transaction, I in fact personally authored/saw the email correspondence exchanged between the petitioners and the respondents.
4. I hereby produce hard copies of the emails which represent the contract entered into between the parties. The said emails are annexed hereto as Exhibit "A". I crave leave to refer to and rely upon typed/clear copies of the same at the time of hearing, if necessary.
5. I confirm that the contents of the hard copies of the emails are identical to the emails exchanged through the computer terminals operated by me. I further state and confirm that the contents of the hard copies of the emails at Exhibit "A" are identical to the hard copies of the emails filed before the arbitrator, a compilation of which I have perused.
6. Accordingly, I am making this present affidavit to certify that the hard copies of the emails annexed at Exhibit "A" to "A4" hereto are a "true copy"/ reproduction of the electronic record which was regularly fed into/transmitted through my computer terminal in Sahi's office in the ordinary course of activities. I further state that at all times the computer terminals utilized by me were operating properly and there is no distortion in the accuracy of the contents of the hard copies of the emails.
The above affidavit, therefore, in the facts and circumstances of the case, is sufficient compliance of Section 65B of the Evidence Act.
4WhatIsRight
(Querist) 24 April 2018
Thank you Vikas Hedau, for all your sincere efforts.
Guest
(Expert) 04 June 2018
Agree with Experts well advised.
Kumar Doab
(Expert) 04 June 2018
You have been thoroughly helped at LCI.
