Specific Relief Act
P.S.Subbaraman
(Querist) 11 September 2009
This query is : Resolved
My client's brother had agreed to relinquish his share in a property.The price for the property was fixed by him over phone. The correspondence were through emails alone between my client and his brother.The drafts of the proposed release deed was sent to my clients brother by my client. My clients brother had seen the mail but did not confirm the same in writing. An affirmation affidavit was sought by my clients brother from our client side and the same was also sent to him through email. In this affirmation affidavit the price for the property proposed to be released was clearly mentioned and the affidavit was notarised. Subsequently My clients brother had given a power to his son to execute the release deed in our clients favour.
The consideration and documents were engrossed in stamp papers. My clients brothers son at the last minute refused to sign the release deed on the ground that price is not matching and there is no agreement between my clients brother and our clients. My question is whether the email correspondence through rediff mail can be relied upon in the law courts .riven
Y V Vishweshwar Rao
(Expert) 11 September 2009
Even on oral sale agreements Suits for specific perforamcne are filed .
You have correspeondence between you and your brother and the same by e-record/s- emails ,
Email/s can be used in suit to show the concluded contract/ Agreeement for Release for consideration.
riven
Adinath@Avinash Patil
(Expert) 11 September 2009
Oral sale agreement ara recognised but it is difficult to proove it, if you have any corospondence by postal,email,sms,between you and your brother it will help you.you can lead oral witness also,but it will depend on how you proove.
In my opinion you think positive and file suit for specific performance.riven
N.K.Assumi
(Expert) 11 September 2009
I am of the view that the Law of Indian Contract act does not envidsaged that contract can be made only in written and that even oral agreement can be executed.Here, there is an e-mail an electronic communications, and this can be taken as valid agreement between the two brothers.riven
R.M.Bhaduri
(Expert) 11 September 2009
Dear Mr. Subbaraman,
You are silent on the point that whether the email correspondence bears digital signature, if not, then the email has little evidentiary value and may not be relied upon in the Court, and if for a while email correspondence are consider by the Court the onus to prove falls heavily on your client as your client has to prove that the electronic correspondences were free from any tampering.
Thanking You,
R.M.Bhaduri
Advocateriven
Raj Kumar Makkad
(Expert) 12 September 2009
Though I consider the opinion of the Bhaduri is correct but nothing to worry because you have numerous written evidence viz. mail which is duly recognized in the courts of law. You can provide your case of specific performance.riven
V.Raghavan
(Expert) 13 September 2009
Yes I too feel like Mr.Raj Kumar Makkad. The Court will recognize the mail copies as evidencesriven
A. A. JOSE
(Expert) 13 September 2009
Emails have been accepted as valid evidence and oral contracts are also legal. Of course, as opined by most of the experts hereinabove, you may have an herculian task in establishing the transactions.riven
J K Agrawal
(Expert) 16 September 2009
Ld friends
Please inlighten in which section we can use emails as an evidence? As far as it concern to s 65 B of the evidence act, it says something different.riven
a.manoharan
(Expert) 17 September 2009
the contract can be oral , or in written or implied or any or combination of either or all
riven
a.manoharan
(Expert) 25 September 2009
Dear sir,
the contract can be oral , or in written or implied or any or combination of either or all. I am proud of saying that I won the case on the basis of E-mail on behalf of my client Madras Cements limited against LG Electronics (p) Limited in O.S.No. 50/2008 at Sub-Court , Virudhunagar.
Shashikant V. Patil
(Expert) 05 October 2009
Now a days, Electronics data information also taken into account as an evidence for judicial purpose. Certainly it is an evidence to produce before the court.
Sachin Bhatia
(Expert) 06 October 2009
Electronics data information also taken into account as an evidence for judicial purpose. It can be produce as a evidence before court.
Guest
(Expert) 08 October 2009
Oral emails exchanges can establish your case if it's bonafide communications otherwise it would be difficult to establish your case. You can collect the other evidence and file the suit and please also go with the sections of 22, 22-A, 65-A and 65-B of The Indian Evidence Act.
RASIK DAGLI
(Expert) 08 October 2009
Yes, E:mails are good evidence. Indian Evidence Act provides for electronic massages and You can very well prove your case if the Price is clearly mentioned in the same. It is not necessary that Mails must have digital signature. From the E:mail Address it can be proved as to who has made these mails.
RASIK DAGLI
Advocate.
sukanya (Joyce)
(Expert) 11 October 2009
Well, electronic correspondences now a days are common criteria, and whatever mails you recieve you can save in your folder and get that folders informations collected in CDs if they are significant. so get it done as a proof, it will be helpful in court evidence. Even I adopt the answers by Mukkud,Sachin, & Assumi.
