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Showing contexts for: cloud computing in Health Care At Home India Pvt. Ltd vs Laxmi Meditech on 29 August, 2023Matching Fragments
16. 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 certificate dated 06.05.2022 under Section 65B Indian Evidence Act filed by the plaintiff is not a proper certificate as per law and hence, the documents Mark PW1/2 and Mark PW1/3 are not proved as per law and same are not admissible under the law. The objections to tendering/admissibililty of said documents raised by the defendant's counsel is found to be correct and the said documents are held to be not proved as per law. As already noted above, the print outs of Mark PW1/2 and Mark PW1/3 were downloaded from a computer system which has not been identified by the defendant. Thus, the certificate dated 06.05.2022 executed by Mr. Sukhvinder Singh 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 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;