Value of internet downloaded docs in civil case
Querist :
Anonymous
(Querist) 24 August 2011
This query is : Resolved
dear sir,
my brother encroached on my property at delhi and was running a guest house on it claiming that he is using for residential purposes.
i filed a suit for possession last year.
in aug 2011 the high court sent alocal commissioner to investigate.
the local commissioner has given in his report that the floor was used a guest house whereupon the court sought an undertaking from the defendant that he shall use the floor only for residential purposes and ordered that he shall pay market rent if i plaintiff win the suit for possession.
i have lots of evidences of the guest house being advertised in the past seven years at various tourism and travel websites. however as these are websites no owner of website shall depose.
what is the present attitude of high courts towards evidences filed through screen shots of various pages of websites.
would these evidences be recorded in judgement or will they be not deemed as evidence and be unmarked documents.
what is the importance of these documents to prove the extent of the advertisements for the guest house and the dates from which the guest house operates.
as stated earlier the court commissioner has submitted a report of the use of the floor for guest house.
but i want to strengthen my case for mesne profits on the basis of rates specified in the websites and from the dates from which the guest house was advertisied at various websites.
kindly enlighten
vinay kala
august 24,11
prabhakar singh
(Expert) 24 August 2011
you can do so for corroboration of commissioner report already given.
Guest
(Expert) 25 August 2011
Dear Vinay,
When Commissioner has already given a report in confirmation of your claim and the court has clearly stated that on your winning a case, you would be entitled to market rent, it is not understood, what actually you want to prove through the internet documents AT THIS STAGE.
However, it would be wise on your part to download and take printouts of the documents from time to time on different dates till your case goes on, as any download and printout bears the date & seal of the website at the bottom of the document. This would strengthen your case to claim market rent by proving that the premises was being used for guest house till even the end of the case.
Querist :
Anonymous
(Querist) 25 August 2011
dear dhingra sahab,
I want to prove that despite the undertaking given on aug 17,11 the website still advertises the guest house of 6 rooms which has 3 rooms on first floor and 3 rooms on second floor, my floor, where he has encroached.
i want to strenthen my case for market rent when the case ends.
the process of wittness examination will start in sep and it is expected that the judgment should be done within 12 months from now .
BUT MY QUERY IS
WHAT CREDENCE DOES THE COURT PAY FOR INTERNET DOCUMENTS FOR WHICH A WITNESS WOULD NOT COME.
I KNOW SUCH THINGS WOULD NOT BE MENTIONED IN THE INDIAN EVIDENCE ACT.
HOW WILL THEY BE CONSIDERED MAARKED DOCUMENTS AND WOULD A REFERENCE TO THEM BE MADE IN THE JUDGEMENT.
IN SHORT WHAT IS THE VALUE OF THESE DOCS BEFORE THE HIGH COURT.
VINAY KALA AUG 25
Guest
(Expert) 26 August 2011
Dear Anonymous,
Electronic documents are quite valid and are taken congnizance of under the provisions of sections 65A and can be proved in accordance with section 65B of the Indian Evidence Act, as inserted by Act 21 of 2000, sec. 92 and Sch. II, and is effective from 17-10-2000.
Querist :
Anonymous
(Querist) 26 August 2011
dear sir ,
thanks for the detailed response.
being a layman and a litigant what i know of civil case that a document should be proved by a witness.
AT LEAST IN OUR CASE THE WEBSITES OWNERS WHOM WE DO NOT KNOW WOULD NOT DEPOSE.
ON A REQUEST BY US WOULD THE HIGH COURT SUMMON THE WEBSITE OWNERS.?
WHAT I KNOW THAT THIS IS THE PROBLEM OF THE LITIGANT AND NOT OF THE COURT.
SO HOW DO WE PROVE THEM.
THEY ARE APPEARING DAILY DESPITE THE COURT ORDER THAT THE SECOND FLOOR SHALL BE ONLY USED FOR RESIDENTAIL PURPOSES.
THE SECOND FLOOR IS ADVERTISED AS A GUEST HOUSE ON THE WEB AND ON PAPER GUESTS ARE GIVEN SECOND FLOOR WITHOUT ANY ENTRY AND AD HOC CASH PAYMENT IS NOW TAKEN
WHAT IS THE WAY OUT SIR?
VINAY KALA AUG 26,11
