Evidence act
Querist :
Anonymous
(Querist) 02 August 2011
This query is : Resolved
How can computer generated bill be proved?
M/s. Y-not legal services
(Expert) 02 August 2011
Mr.idiot throw your computerised bill on a river. If its swim mean thats genuine bill. If its tipped in water mean it duplicate.
M/s. Y-not legal services
(Expert) 02 August 2011
Yes mr.idiot. You can be misuse this anonymus option. But hereafter if any one UNWANTEDLY post query as anonymus mean we peoples will give a name for you. Thats IDIOT. Ok idiot?
Guest
(Expert) 02 August 2011
This is not the way of Reply Mr. Tom if anybody ask the question he is gaining the knowledge and also giving the knowledge to others as the answers are invited from different experts and it is a opinion.
the computer generated bill are admissible under section 65 B of Indian evidence act and are admissible in evidence as the general manual bills are proved by placing on the file and bringing the evidence in that regard of the concerned person or asking in cross examination
Raj Kumar Makkad
(Expert) 02 August 2011
Section 65 B of Indian evidence act permits such type of bills to be admitted as genuine. Technology is changing very fast and such advancement is must in day to day life so laws have also been tried to be changed accordingly.
Mr. Tom! Please change your way of reply.
prabhakar singh
(Expert) 02 August 2011
I AGREE WITH OPINION EXPRESSED BY Mr. Advocate Sachdev Bishnoi&Mr. raj kumar makkad.
J.D.Sharma
(Expert) 02 August 2011
I agree with the opinion of Mr. Bishnoi. I am reproducing below the contents of Sec-65-B of the Indian evidence act, 1872 Admissibility of electronic records for your perusal. The language is self-explanatory but in case any further clarification is required you can get in touch with some legal expert living in your vicinity or else post a query on this portal, I'll try to provide you further clarification:Sub Section (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein or which direct evidence would be admissible.
Sub Section (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely :-
(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
(c) throughout the materiel part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.
Sub Section (3) Where over any period, the functions of storing or processing information for the purposes of any activities of any regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computer, whether-
(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers.
all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.
Sub Section (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 purpose 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.
Sub Section (5) For the purposes of this section,-
(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.
Explanation.- For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived there from by calculation, comparison or any other process.
M/s. Y-not legal services
(Expert) 02 August 2011
thank you.. all are trying to alleging me.. its good one. but whats the need to post this query as ANONYMUS? THATS ONLY MY QUESTION?
M/s. Y-not legal services
(Expert) 02 August 2011
Members's misuse of ANONYMUS OPTION
Category : Others | This query is : open Set as : Resolved
author : tom.advocate
Posted On
01 August 2011
Good morning seniors and my friends. First my thanks to all for your participations for our forum's grow up. Our admin giving such good option to post any query as ANONYMUS mode. I think its only for secure the author from avoid some unwanted problems. But some of our advocate friends misusing that option. For example if they have any doubt or don't know any provision mean they may ask and clear it openly. But they are thinking to post their name as prestige issue. Here no one known everything. Day by day we are learning only. But whats their shame to ask their doubts openly? Why we have to answer to them. More over somebody's querys will be look like teacher's question towards students. And some laymans also doing the same,. If they hide their self with reason mean its ok. Otherwise? Please seniors and my friends just avoid them.. And Take necessary steps to bring this issue to admin. Thank you.
Expert : Advocate. Arunagiri
Posted On
01 August 2011
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"More over somebody's querys will be look like teacher's question towards students."
I appreciate this comment.
author : tom.advocate
Posted On
01 August 2011
Thank you sir. About me its nothing sir. Cos am a little boy. But while our senior members replying for that query with genuinely i feel something sir.
Expert : PS Dhingra, CEO, Dhingra Group
Posted On
01 August 2011
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Dear Tom,
I appreciate your move. The practice is not only in asking questions, but also in replying queries by some perons pretending to be experts. You must also have observed that a few of the experts try to say anything in support of unethical practices and professional misconduct of professionals by hiding their identity by using their anonymous or pseudonymous names, so that nobody should know who they are in the guise of such pseudonymous names.
Expert : R.Ramachandran
Posted On
01 August 2011
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The fault lies with the Administration. Administration should not permit the "Anonymous Option" at all. At the time of registration one can put any name as he wishes (there is no check whether one is putting one's own name - and so be it) but the Administration captures the email-id for its own sake, which is not being made public by the Administration, which is absolutely correct.
Thus, so long as the personal details like email-id etc., are being protected, place and address of the person concerned are being protected, there is absolutely no need for permitting the "Anonymous" option at all, either for raising a query or for answering a query.
Unfortunately, it has become the responsibility of the members of the Forum to urge the Administration to take note of certain things and to rectify instead of the Administration doing anything of its own. In fact, it was because of the repeated requests by the members of this Forum, that the Administration ultimately came out and put some restrictions to avoid a mono syllable answers like "Yes I agree".
The Administration has to be proactive, immediately remove the "Anonymous" option; watch the posts and immediately remove those which are bordering on "abuse".
Expert : JSKN
Posted On
01 August 2011
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Mr ramchandran you are also annonymous in the defination of Dingra who is dishing out opinion on every matter on the earth and no check on him on his abusive outbursts .
Expert : SKJ - ADVOCATE
Posted On
01 August 2011
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Mr Dhingra why you do not practice this advice from your self first, let us know what is Dhingra group and what CEO stands far.
author : tom.advocate
Posted On
01 August 2011
Thank seniors.. Am agreed with your every words. Same time my opinion about expert's answer as YES AM AGREE mean, its will not for just earning one point. But its will give some more strength to the earlier expert's words.. Its will help to the autho to become clear mind. Same time if any juniors like me commit any mistake by false answer mean as a senior advocate every experts may guide the person to correct their mistake.
Expert : SKJ - ADVOCATE
Posted On
01 August 2011
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Mr tom as an advocate giving opinion is entirely different since deff opinion developes knowledge but what about people like DHINGRA who is claiming to be a CEO of some non existant dhingra group and making abusive and know all inputs without any qualification.
The way he is claiming to be a CEO ., so next time some body will claim PRIME MINISTER OF his kitchen cabinet. This is just total misuse of otherwise this excellant site unparalled anywhere.
author : tom.advocate
Posted On
01 August 2011
Yes sir. I can understand your emotion. But please tell me whats the mean for C.E.O? I thought its may be his office name. Is anything different mean?
author : tom.advocate
Posted On
01 August 2011
I think dhingra group is may be his firm name, c.e.o mean chief executive officer. Am i wrong mr. Skj sir? Please mr.dhingra sir. Here an allegation charged against you. Just clear it. Please we having lot of respect on you. Just please come and clear the allegation against you.
Expert : SKJ - ADVOCATE
Posted On
01 August 2011
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Just like Prime minister is a chief executive of a Nation and that is the way we take it but some person smart one befooling all will tell Prime minister of kitchen cabinet.
Similarly CEO is a big designation , chief executive officer and the person says DHINGRA GROUP naturally the impression is created that he is heading so many big enterprises.
BUT HE IS JUST FAKE and BOASTING AND BOASTING THAT IS ALL. HE HAD GONE TO THE EXTENT THAT HE IS INTERNATIONAL AUTHOR BUT BUT WITHOUT ANY QUALIFICATION .
Such persons spoil otherwise this excellant site and it is for the members to check them and confront them with their bogus claims.
author : tom.advocate
Posted On
01 August 2011
Sorry for saying this mr.skj sir. Is any personal dispute between yours? Why hurting that senior member. Sorry for sir. I feel that i gave a chance you to hurt him. This query is going in wrong way sir. Please stop hurting him on this query.
Expert : Devajyoti Barman
Posted On
01 August 2011
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As far as the teacher's question is concerned I have stopped responding such queries long back.
author : tom.advocate
Posted On
01 August 2011
Thank you mr.barman sir..
Expert : SKJ - ADVOCATE
Posted On
01 August 2011
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wonderful that both of you agree on some point.
Expert : Advocate. Arunagiri
Posted On
01 August 2011
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Mr.SKJ Advocate,
Your comments on Mr.Dhingra seems to be emotional and showing some personal rift.
You say that he is not qualified. How do you know that.
Mr.Dhingra,
I request you sir, to answer Mr.SKJ.
author : tom.advocate
Posted On
02 August 2011
What you mean mr.skj sir. Both of you agree on some points mean?
Expert : SKJ - ADVOCATE
Posted On
02 August 2011
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Mr To you say that you are a Junior advocate still loosing control on a simple querry and calling him idiot and all that. This is a public site and people come with their legal worries and for playing games with your ego.
Expert : SKJ - ADVOCATE
Posted On
02 August 2011
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I appreciate Mr Arunagiri for your comments, pl read the replies he has confessed so.
This is a public site people come to solve their problems and expert give time to help them out. No place for personal ego.
My intention is only this that if you have no experience to reply why confuse people by showing what you are which you are not.
Now this Mr Tom advocate is telling some body IDIOT for a simple querry, no cause for such outburst on a public site.
Expert : H.M.Patnaik
Posted On
02 August 2011
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Dear friends,
Here I feel, the matter is stretched aimlessly.Its'always good to behave
properly in a interactive social site
like this.I extend my heartfelt thanx to all participants & Admin for gifting us a scope to brush our knowledge gained through years' of practice and Share our knowledge with the really needy persons
in such a convenient manner.
Have a great day.
Expert : SKJ - ADVOCATE
Posted On
02 August 2011
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This spirit is needed for this valuable site.
Expert : PS Dhingra, CEO, Dhingra Group
Posted On
02 August 2011
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Dear JSKN,
I wonder, what you mean and infer about the definition of anonymous or pseudonymous and how you call Mr. Ramachandran as anonymous, while Mr. Ramachandran has given his full name and has also been giving his full name along with all his replies?
Expert : PS Dhingra, CEO, Dhingra Group
Posted On
02 August 2011
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Dear Experts,
About Mr. SKJ's comments, you better go through the posts at the following links and you will understand the whole background:
1)
http://www.lawyersclubindia.com/experts/laywer-harrasing-and-threatening-me-and-my-wife-trying-to-extract-money-un-nessary--210496.asp
2)
http://www.lawyersclubindia.com/experts/DIRECTORY-OF-EXPERTS-PRACTITIONERS-212686.asp
In fact, his post is in retalliation to my remarks against his friend's support for unethical practice by some legal professional, which all of you can see by opening the 1st link.
Here also, he is raising a finger against me, but has refused to reveal his own identity even on asking several times. He is not ready to reveal his full name and also not ready to show his photograph. He raises a finger on others, whose not only full name but also photograph is open for all to see on this site.
He claims to be an expert, while he wrongly interprets the words "Professional Misconduct" as police action, "Consultants" as companies. He also had not come up with his legal definition of "CEO" along with section of the relevant Act even on asking repeatedly on both the threads. He also advised me to use "International Consultant" as a PREFIX and failed to identify groups I represent from my own profile, which is open to all. He doesn't seem to know even the meaning of prefix. IF HIS INTERPRETATIONS ARE OF SUCH TYPE, I WONDER IF HE MAY NOT EVEN INTERPRET AN ADVOCATE, AS CHIEF JUSTICE ALSO AT ANY TIME.
He forgets that the experts are registered on this site only on approval by the administration, not by self or after getting personal approval of SKJ. If I have been registered as an expert by the administration, the adminsitration must have checked my particulars and whether I fulfilled its prescribed criteria or not. I AM SURE ADMINSTRATION IS NOT OBLIGED TO SEEK HIS PERSONAL APPROVAL TO LIST OR NOT TO LIST ANY PERSON AS AN EXPERT.
If he considers me as fake and boasting he is open to challenge me in a court of law, not by creating ruckus on this site. he must know that fake and boasting people are those, who always try to hide their identity, like him, NOT me, who has even posted his photograph along with full name. Had I been fake and boasting I would have avoided to give my name even, like him, what to say of photograph.
NOW, I HOPE, THE MEMBERS OF THIS FORUM WOULD LIKE TO ASK MR. SKJ TO REVEAL HIS COMPLETE IDENTITY ALONG WITH HIS PHOTOGRAPH.
BUT, I AM SURE, HE WOULD NEVER COME FORWARD WITH HIS IDENTITY EVEN ON REQUEST BY SEVERAL MEMBERS FOR THE REASONS BEST KNOWN TO HIM.
author : tom.advocate
Posted On
02 August 2011
Mr.skj, never i won't hurt any laymans. Most of My peoples are very innocent about laws. Then how i will hurt them. Just go through that query. That query didn't asked by a layman. Thats posted by an advocate. Again am telling the advocate may be cleared that doubt with experts openly. Whats the need to post that as anonymus. I can't tolerate that thing. So i scold him.
author : tom.advocate
Posted On
02 August 2011
Mr.skj kindly see my earlier query replys to laymans. Apart from this from most of the peoples contacting me by phone or mail.. Still they are keeping in touch with me.
author : tom.advocate
Posted On
02 August 2011
One more thing mr.skj. You stating that this is one of the social network. Am requesting you that don't come here with that thought. Its my forum for my professionalist. If any one try to misuse here mean i will ask it. You may be one of the pillar to this. But i want to be one of the root of this forum. I will. Thats all.
author : tom.advocate
Posted On
02 August 2011
Mr.skj now mr.dhingra answered to your allegatio. Now your turn. You have to answer him. For your information, am only brought him here to answer you. Come on sir.
Expert : JSKN
Posted On
02 August 2011
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He has not still explained what is his group and what far he is CEO.
Expert : PS Dhingra, CEO, Dhingra Group
Posted On
02 August 2011
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JSKN,
Have you also not been able to identify from my profile the groups I represent?
You have also not replied my previous question, how do you consider Mr. Ramachandran as anonymous, when his name appears wery well in his profile and replies?
Also, please clarify from where did you get my difinition of the term "anonymous" and from where did you get that?
You may also please point out where did I use abusive language, as you used the words "abusive outbursts" against me?
Can you intimate me your full name on this page? Also, please clarify whether the picture posted here along with "JSKN" is your real photograph or you have also adopted some graphics like SKJ?
author : tom.advocate
Posted On
02 August 2011
SKJ AND JSKN BOTH ARE SAME PERSONS?
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M/s. Y-not legal services
(Expert) 02 August 2011
MR.skj.. you dont have rights to point your finger towards me? in that query how you are misbehaved about one expert? now here i scold on a anonymus person.. who is misusing this anonymus option here.. just note it.
Querist :
Anonymous
(Querist) 02 August 2011
Very disappointed with the language of Mr.Tom. this site is totally based to give the best expert comment on the query, it is not for using such typr of langauge. should appologize.
i do agree with Mr. Bishnoi, Sec. 65-B of IEA is very specific for the elctronic generated bill, it can be proved through the certificate issued by concerned person as per sec.65-B(2)(a)or it can be proved in the cross examination.
M/s. Y-not legal services
(Expert) 02 August 2011
Is it? I should be apology with you? Very fun. Am not that man who will apology with one advocate who is not ready to show his identy for asking query?
M/s. Y-not legal services
(Expert) 02 August 2011
See our senior mr.rajkumar makkad, since he is the top member of this site, he posted a query today. Of course she asked a query before this site. He not hide his face for asking query. Here nothing to his fame or his good name. Thats gentle. So try to come out from your foolish. DON'T MISUSE THE ANONYMUS option. Thats not for an advocate. Thats for layman who don't want to show his identity for save him unwanted things.
M/s. Y-not legal services
(Expert) 02 August 2011
I know you are an advocate. Your last reply also proved that. So just be frank. Next time you should ask your any doubts frankly. Now itself am requesting you. Cos one of my advocate friend not allowed to be coward or infriority complex. Thats only i want. Except that nothing.
Guest
(Expert) 03 August 2011
it is the site to give opinion and also to learn some thing if we are advocate than what is the hesitation to show our identity it will not put down the image in the eye of the others but if some one does not want to show his identity than ok we are here to give the opinions whether the person asking is an expert or anonymous nothing value that for us. i also asked a query in open in the name of jurisdiction of the consumer court. this is the thinking of each and every person and we can not change the mind of the others what they are doing and what they want to do.
