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Showing contexts for: cloud computing in Shri Sachin Walia vs Shri Vinod Gupta on 28 April, 2023Matching Fragments
19. Thus, any document which is an electronic record can not be relied upon unless it is proved in accordance with section 65 B of Evidence Act. In the instant case, the records of WhatsApp Chat have been taken from a device which is not a secured device. As already noted above, the WhatsApp chat were downloaded from a computer system which has not been identified by the defendant. Thus, the certificate Ex. DW-1/4 given by the defendant has no value and can not be relied upon. Significantly, Order XI Rule 6 (3) of the Code of Civil Procedure,(as amended and applicable in commercial cases) regarding electronic records mandates the declaration on oath to be filed by a party specifying (a) the parties to such Electronic Record; (b) the manner in which such electronic record was produced and by whom; (c) the dates and time of preparation or storage or issuance or receipt of each such electronic record; (d) the source of such electronic record and date and time when the electronic record was printed; (e) in case of e-mail ids, details of ownership, custody and access to such e-mail ids; (f) in case of documents stored on a computer or computer resource (including CS (Comm) No. 156/20 Sachin Walia Vs. Vinod Gupta Page No.: 17 of 21 on external servers or cloud), details of ownership, custody and access to such data on the computer or computer resource; (g) deponent's knowledge of contents and correctness of contents;