Recording conversations

Oh pls let's not change colours and blame it on us why don't u admit that you taught some ridiculous stuff to the author of this post ? Looks as if i have fluttered this attorney on this forum.........truely said "SACH HAMESHA KADVA HOTA HAI "

When facts need to be strictly supported by evidences?

 

In criminal cases where for a pleading related to a fact, which entails a relief for the petitioner or punishment for the respondent under a particular section of law, such fact needs to be conclusively proved.  If some fact is not having evidence, but at the same time having a corroborative effect, in the sense, when it is viewed in the context of another fact which is conclusively proved shows that the spouse is capable of such conduct alleged it will be taken by court if that fact is only adding to the strength of facts which prove a crime under a particular section. 

 

However, in Civil pleadings, in the context of entire pleadings, if read as a whole, whether that point/averment presented is trustworthy or not is the issue decided by court.  Not every fact needs to be supported by evidences.  If some facts read as part of whole, in the context of facts that are conclusively proved, are trustworthy to the court, those facts will be accepted without evidence by the court.

 

It will not sit strictly with proof of evidences as it happens in criminal cases if the pleadings is in respect of divorce proceedings.  In criminal cases however, evidence will have to be proved conclusively.  So it depends on whether it is a divorce pleading or a criminal case. In criminal case also, if some facts are not proved it doesn't matter if you could conclusively prove a few others. In the context of some facts being conclusively proved, the possibility of  facts not having evidences may not be wrong keeping in view the behavior of spouse in the context of facts conclusively proved. So as far as pleadings is concerned no restriction is needed even if facts are not supported by evidences.

 

Recording evidence is maintainable if verified by expert. Divorce depend on such condition- where he prove his side, Is any such matter between you and your husband which sufficient ground for divorce.

Contact personally to any advocate or Talk about this , Disclose all before him/her for perfect advice.

Biggest Crime is not Committing Crime but to teach how to commit Crime...............

In Pratap Singh v. State of Punjab, AIR 1964 SC 72. in the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation:

a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where the maker has denied the voice it will require very strict proof to determine whether or not it was really the voice of the speaker.

b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial.

c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, inadmissible.

d) The statement must be relevant according to the rules of Evidence Act.

e) The recorded cassette must be carefully sealed and kept in safe or official custody.

The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance.

 

I am 100 % sure that recorded conversation by the author of this post had a very good voice recording device as we are in 2012 right now mostly all phones have higher capacity to store such conversation and that also with good clarity................it is big  issue for author to worry.

@author,

do not believe those the advises of proclaimed offenders sitting in USA and talk about real indian courts procedures. They do not have even single day of court experience.  arrest warrants are issued against them and they abandoned the country with the fear of arrest.  They are accusers in the eyes of indian law.  They self proclaim innocents and victims. whenever a woman comes on the forum with querry, they start to preach morals forgetting that they are proclaimed offenders.  Go to their profile and see how they respond to the querries of the male enquirers and female enquirers.  You can see how gender biased they are.  You can also see in their responses, whenever they want to offer illegal advises, they ask the enquirer to PM them, so that they can secretly give illegal advises.  They engage several advocates to solve their legal problems but a woman asks a question they immediately preach her that do not go to courts and do not approach advocates.  I assure you, go and deny your voice, thousands of "victims" cannot prove your voice in the court of law.  Let these socalled "victims" respect the law of land and later on come to teach indian citizens "how to obey law".      

And I suggest go & visit chandu's profile u will see all sort of nonsense all of his replies are meant for women's and tht also all kind of fake advice he has his number on his profile so tht when he talks wht u want. To listen u can call him so tht he can make money out of his living & spoil someone's house according to forum rules none of the member is allowed to display their contact info but chandu does so tht he can take out. All his frustration out of his lost cases & teach u more sort of illegal things u r cordially invited to visit my profile I m not so called proclaimed offender but I call myself Victim of such lawyers who try to spoil boys life I have nothing against women's but let's play a fair game in court it's simple if u lie in court u will be punished simply admit tht recording is urs by the way I do have more experience then chandu does he might be going to court to loose a case but I went to court to win a case & tht also without any lawyer. This is the reason most of the women's suffer coz lawyers like chandu are still alive in india the reason chandu is posting his comments over & over is coz his truth is clearly caught in this post he teaches how to misuse the power u r free to follow his advice but remember truth always prevails chandus job is to spoil society my job is to save them let each of us do our job

That is how he gives advice to the male enquirer:

Posted 2 months ago
**Victim** job [ Scorecard : 1434] PROCHATCALL	Lollllll although some people might not like you but i like whatever u have mentioned. I suggest you don't use that recording in court coz of ur language in it. Those words might be held against you else u can cover those words with "BEEP" and then present this in court it might work but once again i am not a lawyer wait and see what experts have to say ??????

Posted 5 days ago

Adv. Chandu 09868332610 Advocate [ Scorecard : 1945] PRO CHAT CALL 1 2 3 4 5 Thank Contributor : Send PM

Section 498-A is a cognizable and non-bailable offence.  Section 320 IPC is only definition of "grievous hurt" and is not an offence as such.  Section 498-A is attracted if physical or mental abuse is there without having any connection with dowry issue.  It is not dowry harassment preventive section as popular belief goes.  It is prevention of "husband or relative of husband of a woman subjecting her to cruelty".  So, if a wife is harrassed either mentally or physically not connecting dowry demand, then also wife is entitled to file Section 498-A case.

This is how he teaches ladies to file false 498 (a) as you can see in this forum as well there is no way 498 (a) is applicable yet he encourages the lady to file false 498 (a) jst see the entire post you will see how this guy teach people to manipulate words in court so that someone like him can make living and misuse this system

 

https://www.lawyersclubindia.com/forum/Re-Re-Re-What-if-husband-ran-away-after-beating-wife-amp-her-family--58843.asp

https://www.lawyersclubindia.com/forum/Simple-abuses-in-video-recording-by-husband-54576.asp


In reference to prior post i request author to go through the entire post and see why i have mentioned not to bring voice recording in court  i would request admin to keep such forums alive coz such advocates should be exposed so that everyone knows what kind of legal system we are dealing with.

Lawyers job is to bring the dispute to resolution and upcourse client has to pay for his service but when such advices are given what happens is that such litigations are being dragged in court for years are years and person who loses everything is client. In this forum as you can see how a false advice once spotted was changed into a different topic by this lawyer manipulating this post into MEN VS WOMEN war so that the focus could be dragged into different direction.

Yes i have gone through hell in my life at from age of 23 years and has been fighting case for almost a never ending decade. I am not a criminial neither i have committed any crime but legal system in india is misued to an extent that people don't have any choice except to get away from such problems and when i say "GET AWAY" tht means people have literally committed suicides without having any choices. But once again to mention that "I HAVE WON THE FIGHT B'COZ I WAS RIGHT" My arguement is not with a specific attorney but my arguement is with those people who are teaching how to misuse this system after all everyone knows that law is lenient towards womens in india? (This is the thinking everyone has and therefore womens go to court to file case coz they know they are going to have judgement on their end no matter what ))))

Requesting author to go through this entire forum 100 times and see how words could be manipulated in court and can led you towards wrong direction. Either or there is a problem when someone lies in court no matter if it's a civil case or criminal case ..........OVER & OUT.............