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Shades of Knife

True Colors of a Vile Wife

Abhilash.M.V Vs Soumya Soman on 10 Nov 2023

Posted on September 23, 2024 by ShadesOfKnife

A single judge bench of Kerala High Court held as follows,

From Paras 4-7,

4. When the revision petition came up for consideration on 20.3.2023, this Court admitted the revision petition and stayed further proceedings in M.C.No.6/2020, subject to the condition that the revision petitioner deposits the arrears of maintenance due to the second respondent and continues to pay interim monthly maintenance allowance @ Rs.4000/- to the second respondent. This Court had called for a report from the Family Court, to ascertain as to whether the revision petitioner was served with notice prior to the passing of the impugned order.
5. Pursuant to the above order, the learned Judge of the Family Court, by communication dated 27.3.2023, has informed this Court that the order
sheet and the records in M.C.No.6/2020 reveal that even before notice was served on the revision petitioner in the application, a counsel named Sri. K.R.Muraleedharan appeared on behalf of the revision petitioner on 13.12.2023 and prayed for time for appearance of the revision petitioner. Accordingly, the application was adjourned to 27.10.2022 and then to 16.12.2022, on which date the impugned order was passed. It is also reported that the counsel failed to file any vakalath. Subsequently he gave his no objection certificate to another counsel named Sri.S. Nidhin, who has now filed a vakalath for the revision petitioner.
6. On a consideration of the assertions in the memorandum of the revision petition, the materials placed on record, and the communication of the learned Judge of the Family Court, it is evident that the notices in both the M.C as well as Crl.M.P. were not served on the revision petitioner. It is only on the basis of the submission made by a counsel, that the Family Court assumed that the revision petitioner had failed to appear in the application and then passed the impugned order. Thus, I am of the definite view that the revision petitioner has not been granted an opportunity to contest the Crl.M.P. on merits.
7. In the above conspectus, I am of the firm view that the order has to be set aside and the revision petitioner be granted an opportunity to file his objection to the Crl.M.P. No.16/2020 and M.C. No.6/2020, which will do complete justice to both sides.

Finally,

In the result,
(i) The order in Crl.M.P. No.16/2020 in M.C. No.6/2020 is set aside.
(ii) The revision petitioner and the respondents are directed to appear before the Family Court on 1.12.2023.
(iii) The revision petitioner shall be given an opportunity to file his written objections both in Crl.M.P. No.16/2020 and M.C.No.6/2020, within 30 days from today.
(iv) The Family Court shall keep in mind the law laid down by the Hon’ble Supreme Court in Rajnesh v. Neha and Another [2020 (6) KHC 1] and Aditi alias Mithi v. Jitesh Sharma [Crl.Appeal No. 3446/2023], and direct the parties to file the affidavits of disclosure of assets and liabilities.
(v) The Family Court shall dispose of Crl.M.P. No.16/2020, in accordance with law and as expeditiously as possible, at any rate, within a period of 30 days from 1.12.2023.
(vi) The Family Court shall also make an endeavour to dispose of M.C. No.6/2020, in accordance with law and as expeditiously as possible.

Abhilash.M.V Vs Soumya Soman on 10 Nov 2023

Index of Maintenance cases u/s 144 BNSS (125 CrPC) is here.

Post Views: 678
Posted in High Court of Kerala Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abhilash.M.V Vs Soumya Soman No Opportunity given to file Counter/WS/Objections Not followed Guidelines in Rajnesh Vs Neha Judgment | Leave a comment

Aarti Vs Kishan Meena on 22 Aug 2024

Posted on September 16, 2024 by ShadesOfKnife

A division bench of Madhya Pradesh High Court at Indore held as follows,

From Para 16,

16. It has also been held in Samar Ghosh (supra) where on facts there has been irretrievable breakdown of marriage, the party opposing the divorce and not letting go the other party free of the matrimonial bond, would be causing mental cruelty to the other party. This makes considerable sense in the Indian context where to reach finality by exhausting the remedy of appeals may take several years. In such situation the party opposing the grant of divorce may, in some cases, be doing so only out of spite, either to harass the other party or prevent it from remarrying or out of sheer cussedness. That may indeed also confirm the allegation that such party had been causing mental cruelty, and was now intent on causing further mental cruelty by opposing the divorce.

From Para 19,

19. Respondent by filing certified copy of impugned judgment and decree in Criminal Case No.2015/2017 under Section 498-A of Indian Penal Code, 1860 and Section 3/4 of Dowry Prohibition Act, 1961 has proved that criminal case was lodged at the behest of appellant / wife in which ultimately appellant, his sister and parents were acquitted by the parties. Learned Court below relying upon the judgment in the case of Vandana Gupta Vs. Ramesh Gupta reported in 2009 (2) MPLJ 214, Madhuri Aaswani Vs. Arjundas Aaswani reported in 2007 (3) MPLJ 550 and Vishwanath Agrawal Vs. Sarla Agrawal reported in AIR 2012 SC 2586 concluded that prosecution of husband and her relatives on the false allegation of demand of dowry comesunder mental cruelty. The findings recorded by the learned Court below are impregnable and infallible.

From Para 21,

21. Learned Court below has recorded the finding that termination of pregnancy without consent of husband also comes under the purview of cruelty. With regard to the aforesaid finding, this Court is of the view that termination of pregnancy may come under the term ‘cruelty’ depending upon the facts and circumstances of the case.

Aarti Vs Kishan Meena on 22 Aug 2024

Index of Divorce Judgments is here.

Post Views: 723
Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Aarti Vs Kishan Meena Catena of Landmark Judgments Referred/Cited to Divorce granted on Cruelty ground Divorce granted on Desertion ground Divorce Granted to Husband Filing False Criminal Complaints causes Mental Cruelty HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Husband Mental Cruelty | Leave a comment

Arti Tiwari Vs Sanjay Kumar Tiwari on 04 Sep 2024

Posted on September 14, 2024 by ShadesOfKnife

A division bench at Allahabad High Court held that,

From Para 3,

3. In brief, it may be noted that the marriage between the parties was solemnized on 2.3.2000. At that time, the appellant was working as Class-III employee at the Rajkiya Bachat Karyalaya, at Bareilly. His father and siblings were residing at their house at Unnao. The family of the appellant belongs to Kanpur Nagar. According to the respondent/husband, the appellant resided at her matrimonial home for a few days, but raised complaint of not feeling safe in the company of only male family members of the respondent, his mother having died almost 20 years earlier.Occasioned by that, the respondent took the appellant to the city of his work, at Bareilly. Even there, the appellant, did not stay for long. She now cited reasons to stay at Kanpur Nagar as she was a practising advocate. Thus, the appellant is described to have left for Kanpur Nagar. However, intermittent cohabitation of the parties at Bareilly, Kanpur Nagar and Unnao, during that period, is not disputed. Then, according to the respondent, he applied for and consequently, was transferred to Kannauj. This transfer, respondent had sought only to make it possible for the respondent to stay at Kanpur Nagar with him. Upon being thus transferred, the respondent took up a rented accommodation at Kanpur Nagar and he used to commute to Kannauj from there every day. However, the appellant still did not stay with him for long. Though intermittently, the appellant did stay with the respondent at his rented premises, she preferred to stay at her parental house. In that context, it is the further case of the respondent that the appellant wanted the respondent to stay with her at her parental home at Kanpur Nagar. When the appellant did not agree to live with the respondent at the rented accommodation taken by him at Kanpur Nagar, he vacated that premises and started staying at Unnao, at his parental home from where too he could easily commute to Kannauj, in connection with his work.

From Para 7,

7. It is also the case of the respondent that the appellant offered cruel behaviour towards all family members of the respondent, from very beginning. Not only she would use harsh words andabusive language in normal household affairs, it was specifically stated by the respondent that the appellant wanted the respondentto abide absolutely, by her wishes. Failing that she threatened to level false allegations against the respondent and his father, including allegation of illicit relationship between the respondentand his real sister. While no such case was ever lodged by the appellant and no such complaint appears to have been made by the appellant to any authority, at the same time, it is on record that after the institution of the divorce suit on 01.08.2006, the appellant instituted Criminal Case No. 687 of 2006 on 14.11.2006 i.e. after three months of the institution of the divorce case. Remarkably,though allegations of demand of dowry and cruelty were made in the First Information Report, there is no prior complaint or First Information Report of such allegation ever made by the appellant,over six years of marriage between the parties.

From Para 11, (Desertion is established)

11. During his extensive cross-examination, the above noted aspects proven by the respondent during his examination-in-chief were not controverted or doubted. We have made reference to those facts to bring out the extent to which the efforts had been made by the respondent to prove desertion offered by the appellant. In absence of any doubt being raised during the extensive cross-examination of the respondent, we do not find any error in the finding of the learned Court below to believe the testimony of the respondent. Sitting in first appeal, we are ourselves inclined to draw firm conclusion that the appellant had no will or desire to live in matrimony with the respondent either at his parental home or at his place of work, or even otherwise at Kanpur Nagar. She only desired to stay at her parental home.

From Para 17,

17. In face of Criminal Revision proceeding pending, against the order of conviction passed in the appeal proceedings, we are not recording any firm conclusion with respect to falsity or otherwise the allegations made in the criminal case, at the same time, in the context of facts and circumstances proven in this case, the critical element of cruelty is found in existence. Desertion suffered over long years in a young marriage, accompanied with harsh words spoken and complete lack of desire and effort on part of the deserting spouse to cohabit as also lodging of criminal case alleging demand of dowry only after institution of divorce case proceeding by the other spouse and pursuing it in appeal to secure conviction (after initial acquittal) does indicate in any case, the marriage between the parties is irretrievably broken down.

From Para 19,

19. In view of the facts noted above we do not find it a fit case to provide for permanent alimony. The daughter born to the parties has attained the age of majority.

Arti Tiwari Vs Sanjay Kumar Tiwari on 04 Sep 2024
Post Views: 627
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arti Tiwari Vs Sanjay Kumar Tiwari HM Act 25 - Permanent Alimony Denied Irretrievable Breakdown of Marriage | Leave a comment

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024

Posted on September 13, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows,

We have failed to comprehend the necessity of the direction of the High Court insisting for personal presence of the petitioner no.2 in Court in-person, despite being apprised that the petitioner no.2 has been suffering from severe medical conditions. From the materials placed on record we find that not only did the petitioner no.2 undergo an organ transplant in the recent past, he is afflicted by other ailments too calling for a surgery thus making it inadvisable for him to travel to Kolkata for attending court proceedings physically. That apart, the petitioner no.1 had physically appeared before the Court on 8th April, 2024 in deference to the order dated 31st January, 2024, yet, she too has been ordered to be produced in court by the police without apparent justification.
We are also at loss to comprehend as to why despite the advancement of science and technology and with the introduction of facilities for virtual hearing in the High Courts, the Court did not consider it desirable to grant liberty to the two petitioners to appear before it through the virtual mode.
The dispute that the High Court is seized of arises out of a marital discord between the spouses and the situation, prima facie, was not such so as to call for the Court’s insistence for personal presence of both the petitioners including the ailing petitioner no.2 by taking an arduous journey from a distant place like Mumbai despite his medical conditions. If the Court thought it fit to interact and bring about a settlement between the parties, an attempt to achieve it by allowing the petitioners to attend proceedings through the virtual mode ought to have been made.
The impugned order is bound to operate harshly against the petitioners. We expect the Court to exercise restraint unless any party repeatedly acts in breach of its order to undermine its dignity, prestige and majesty, thereby attracting the contempt jurisdiction. Exercise of discretion judiciously could have prevented the proceedings from reaching this Court.

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024
Post Views: 567
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Basudha Chakraborty Vs Neeta Chakraborty Video Conferencing | Leave a comment

Shikha Vs Avaneesh Mahodaya on 10 Sep 2024

Posted on September 13, 2024 by ShadesOfKnife

A single judge of MP High Court held as follows,

15. In view of aforesaid analysis in entirety and the law laid down by Hon’ble Apex Court, looking to the income of the husband so also his liabilities and the fact that wife is a well educated lady, she also has her own source of income, this Court is of the considered opinion that the maintenance amount of Rs.60,000/- per month is on the higher side and the same is required to be reduced to Rs.40,000/- per month.

Shikha Vs Avaneesh Mahodaya on 10 Sep 2024

Index of Sec 125 CrPC [Section 144 BNSS] judgements is here.

Post Views: 797
Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Maintenance Reduced Shikha Vs Avaneesh Mahodaya | Leave a comment

Sunil Nayak @ Fundi Vs State of NCT of Delhi on 09 Sep 2024

Posted on September 9, 2024 by ShadesOfKnife

 

 


Index of Perjury judgments is here.

Post Views: 653
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Sunil Nayak @ Fundi Vs State of NCT of Delhi Work-In-Progress Article | Leave a comment

Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024

Posted on September 4, 2024 by ShadesOfKnife

A single judge of Karnataka High Court (Bengaluru Bench) held that the husband may initiate perjury proceedings against the knife, if he desires so.

From Para 7,

A perusal at the complaint would indicate that the complainant laid emphasis upon infections of the husband on his genital areas which resembled as STD. Therefore, the husband is guilty of mental harassment dishonestly concealing his mental condition and breaching the trust of the wife. Minute details of certain allegations are made which are found in the complaint. The crux of the complaint was STD on him, making her leave her job after marriage and therefore, she would be dependent upon him. There is not a single sentence about the petitioner demanding dowry and indulging in cruelty for the purpose of demand of dowry. All the harassments that the complainant narrates are minor skirmishes between the husband and the wife.

A perusal at the summary of the charge sheet would also not indicate any demand of dowry or cruelty on the part of the husband. Prior to filing of the charge sheet by the Police, statements were recorded of the family members of the complainant.

The mother herself in her statement speaks that at the time of discussions about the marriage, the parents of the petitioner and the petitioner had clearly indicated that they do not want any dowry and they are not demanding anything. The same goes with the statements of others.

What is given to the complainant, according to the complainant’s tradition, is 614 grams of silver and 160 grams of gold, not as demand but as a tradition of her family which at best be said to be ‘Stridhana’. Such statements galore. If the statements recorded of the mother and the brother of the complainant, the complaint, the charge sheet and summary of the charge sheet are red in tandem, what would unmistakably emerge is that, no demand for dowry was made and no cruelty that would become ingredients of Section 498A of the IPC would get attracted in the case at hand.

Section 498A has two circumstances, which can draw an accused into its web. Husband or relative of husband of a woman subjecting her to cruelty which is likely to drive the woman to suicide or the harassment should be such that they would coerce the woman for meeting any unlawful demand for any property or valuable security, and on failure to fulfill the demand, indulge in cruelty. If the contents of the complaint, summary of the charge and the statements are considered on the bedrock of necessary ingredients of Section 498A of the IPC, the allegation of the offence would tumble down like a pack of cards, as, no where it is indicative, of the fact that there is dowry harassment and cruelty by the husband or the members of the family of the petitioner.

From Para 8,

8. The learned counsel for the petitioner submits that every time the petitioner was accused of suffering from STD. In the aforesaid affidavit, it is clearly indicated by the wife that the petitioner is suffering from HPV infection as he has some rashes on his buttock. The petitioner gets himself tested at the Victoria Hospital and several hospitals.

The diagnostic centre at Columbus, USA observes that history and physical examination of the petitioner was done. He has no physical signs and no history of concern for HPV or any other infection in the body. Therefore, the bogey that is projected by the complainant/wife that the husband has some physical problem appears to be a white lie.

From Para 9,

9. The other bogey projected by the wife is that the petitioner has closed all channels of communications and had never shown any interest in getting the complainant to the USA, this is completely belied by the documents appended to the petition itself, as not one but four appointments were taken by the petitioner for VISA purposes of the wife. The first appointment after the petitioner left to the USA was on 13-10-2020. There are four appointments, confirmation acknowledgments of which are produced by the petitioner as annexures to the petition. They are dated 13-10-2020, 02-03-2021, 07-05-2021 and 24-05-2021;

It is on the 5th appointment, the complainant goes before the visa office and Visa is granted to the complainant, which is also appended as document to the petition. These are documents which speak for themselves. A mail communication on 05-12-2021 is quoted hereinabove. The complainant seeks confirmation regarding her travel to USA. Therefore, it is clearly a bogey projected by the complainant that the petitioner was not interested in getting her to the USA and had blocked all channels; but the documents speak otherwise. The attitude of the complainant also speaks for itself.
Therefore, it is not a case where there is an iota of ingredient against the petitioner/husband for the offences punishable under Section 498A of the IPC or Sections 3 and 4 of the Act. It is misuse and abuse of criminal justice system by the complainant right from the word go.

Para 10,

10. This Court has completely considered the complaint, summary of the charge sheet, the statements recorded and the law as laid down by the Apex Court in the aforesaid judgment. All this exercise is undertaken only to arrive at a conclusion as to any of the ingredients of the offences are met or otherwise. The unmistakable conclusion is that, the complainant in gross misuse and abuse of law has set the criminal law into motion. Such frivolous cases registered by the wife have taken enormous judicial time, be it before the concerned Court or before this Court, and has led to enormous civil unrest, destruction of harmony and happiness in the society. It may not be that these would be the facts in every given case. The Court is only concerned about frivolous and vexatious litigations clogging the criminal justice delivery system, where genuine cases lie in cold storage. If the facts narrated hereinabove are noticed and as observed, the complainant has, in gross misuse and abuse of the process of the law, has set the criminal law into motion. Therefore, it becomes a fit case where the husband must be given liberty to initiate proceedings for malicious prosecution or initiate proceedings under Section 211 of the IPC. Liberty is thus reserved to the husband, for such action to be initiated in accordance with law, if he so desires.

Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024

List of Quash judgments is here and List of Perjury judgments is here.

Post Views: 895
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 482 – Criminal Proceeding Quashed IPC 211 - False charge of offence made with intent to injure Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao | Leave a comment

Tavaragi Rajashekhar Shiva Prasad Vs State of Karnataka and Ors on 19 Jul 2024

Posted on September 4, 2024 by ShadesOfKnife

A single judge of Karnataka High Court (Bengaluru Bench) held that along with notice under 41A CrPC (Section 35 BNSS), a copy of the FIR must be sent along.

From Para 9,

This notice does have clarity as to why the petitioner is being summoned. The matter could be disposed of recording the fact that the second notice does contain the crime number, as the issue may seem to be very simple. In the considered view of the Court, it is not, as Section 41 of the Cr.P.C., deals with arrest of persons. Any notice so issued under Section 41-A if not complied with, the Station House Officer is entitled to arrest the noticee. Therefore, the noticee must be aware of why he is being summoned to the Police Station, as summoning to the Police Station is not summoning a person to a happy place. A citizen must know as to why he is being summoned. The information to the citizen cannot be half baked; it must be in full. The notice must contain the crime number and the purpose for which he is being summoned. While it can be transmitted electronically, no fault can be found with that, but it should mention crime number. The duty of the Station House Officer would not stop at mentioning crime number, but he should also attach to the communication, a copy of the FIR, so registered against the noticee, as power is available to summon the accused or any person in connection with a crime. Therefore, the noticee, without knowing the crime number and without getting a copy of the FIR, cannot be asked to appear before an officer of the police station on receipt of notice under Section 41-A.

From Para 10,

Sub-sections (2) to (6) of Section 35 of the BNSS assume significance. Section 35(4) permits issuance of a notice to any person and the noticee shall be bound to comply with the terms of the notice. Section 35(6) commands that if a person fails to comply with the terms of the notice or is unwilling to identify himself, the Police Officer may, subject to such orders as may have been passed by the competent Court in this behalf, arrest him for the offence mentioned in the notice. Therefore, the rigour is little stronger. Stronger the rigour, the noticee is required to know all that he has to reply, prior to his appearance before the Police. It, thus, becomes mandatory for a notice to be issued under Section 35 of the BNSS to mention the crime number, the offence alleged in the crime so registered and necessarily append to it a copy of the FIR so registered, as any person who receives the notice must be aware for what he is being summoned to the Police Station.

From Para 13,

13. It is made clear that till the guidelines/check list is so notified by the State, if any person is necessary to be summoned, the drill that shall be followed are:-
(a) The notice under Section 35 of the BNSS shall mention the crime number and the offence alleged in the crime number. This can be communicated to the noticee either through the conventional method or through electronic mode.
(b) The communication shall attach copy of the FIR so registered, as the FIR would contain the gist of the complaint.
(c) In the event notice does not contain the crime number, the offence alleged or appending of the FIR, subject to just exceptions, the noticee is not obliged to appear before the officer who has directed him to appear and no coercive action can be taken for non-appearance.
(d) It is also necessary for the Police Department to bring about robust system for the FIR being uploaded immediately on their registration and make it search friendly.

Tavaragi Rajashekhar Shiva Prasad AND State of Karnataka on 19 Jul 2024

Other remedies to police atrocities are here.

Post Views: 766
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 41A - Notice of appearance before police officer Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Misuse or Violation of CrPC 41A per Guidelines in Arnesh Kumar Judgment Tavaragi Rajashekhar Shiva Prasad Vs State of Karnataka and Ors | Leave a comment

Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024

Posted on September 3, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Paras 7 and 8,

7. The question of law involved in these two appeals as to whether quashing of the FIR should have been refused for no other reason than that the investigating officer has filed the charge-sheet is no longer res integra. Decisions of this Court to such effect are legion. We may profitably refer to the decisions of this Court in Ruchi Majoo v. Sanjeev Majoo3, Anand Kumar Mohatta vs State (Govt. of NCT of Delhi) Home Department4 and Abhishek vs. State of Madhya Pradesh5.
8. On the authority of the aforesaid decisions, law seems to be well-settled that the High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, inter alia, that either the FIR and the charge-sheet read together, even accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR would in fact be an abuse of the process of law as well as of the Court given the peculiar circumstances of each particular case.

Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024

Index of Quash judgments is here.

Post Views: 481
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 482 - Quash Even After filing of Charge sheet Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors | Leave a comment

BSA Sec 63 – Admissibility of electronic records

Posted on September 1, 2024 by ShadesOfKnife

63. Admissibility of electronic records.—
(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (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 or any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(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 or communication device during the period over which the computer or Communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;
(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 or Communication device in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer or communication device 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 or Communication device in the ordinary course of the said activities.
(3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether—
(a) in standalone mode; or
(b) on a computer system; or
(c) on a computer network; or
(d) on a computer resource enabling information creation or providing information processing and storage; or
(e) through an intermediary,
all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly.
(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:—
(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 or a communication device referred to in clauses (a) to (e) of sub-section (3);
(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 in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert 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 in the certificate specified in the Schedule.
(5) For the purposes of this section,—
(a) information shall be taken to be supplied to a computer or communication device 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) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3).

Post Views: 674
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BSA Sec 63 - Admissibility of electronic records Evidence Act 65B - Admissibility of electronic records | Leave a comment

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For the last 7 years, this daily wage worker from Berunda has been collecting leftover rotis from households and feeding nearly 300 stray animals every day. Despite facing financial

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alongimna Temjen Imna Along @alongimna ·
18 Jun

Ye hai Northeast meri jaan 🩵

Thank you, Lieutenant General Vikas Lakhera Ji, for reminding the nation that there is much to learn from the honesty, discipline, culture, and community spirit of the Northeastern states.

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kadirodu_offl 🔱🐎 సుజత్ 🕉️☪️✝️ @kadirodu_offl ·
18 Jun

బాగ సంపాదించి అమ్మ నాన్న ని గొప్పగా చూసుకోవాలని కలలు కనే ప్రతి కొడుక్కి చివర్లో ఒక విషయం తెలుస్తుంది ..

అదే 👇 ఇది !!

ఈ విషయం తెలిసాక వాడి మనసు ఎంత ఆవేదన పడుతుందో అనుభవించిన వాడికే అర్థం అవుతుంది !!

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