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1 - 10 of 16 (1.86 seconds)The Bankers Books Evidence Act, 1891
Section 63 in The Indian Evidence Act, 1872 [Entire Act]
Anvar P.V vs P.K.Basheer & Ors on 18 September, 2014
A Division Bench of this Court
in Kundan Singh Vs. State also, on a reading
RFA 90/2017 Page 8 of 12
of Anvar P.V. supra, disagreed with the view
taken in Ankur Chawla supra and held that the
words "produced in evidence" did not postulate
or propound a ratio that the computer output
when reproduced as a paper print out or on
optical or magnetic media must be
simultaneously certified by an authorised
person under Section 65-B(4). It was held that
all that is necessary is that the person giving
the certificate under Section 65-B(4) should be
in a position to certify and state that the
electronic record meets the stipulations and
conditions mentioned in Section 65-B(2),
identify the electronic record, describe the
manner in which computer output was
produced and also give particulars of the
device involved in production of the electronic
record for the purpose of showing that the
electronic record was prepared by the
computer. It was further held that emails are
downloaded and computer output, in the form
of paper prints, are taken every day; these
emails may become relevant and important
electronic evidence subsequently; it is difficult
to conceive and accept that the emails would be
inadmissible, if the official who downloaded
them and had taken printouts had failed to, on
that occasion or simultaneously record a
certificate under Section 65-B.
.................
Section 65 in The Indian Evidence Act, 1872 [Entire Act]
The Code of Civil Procedure, 1908
Section 59 in The Indian Evidence Act, 1872 [Entire Act]
Kundan Singh vs State Of Punjab on 20 April, 1981
A Division Bench of this Court
in Kundan Singh Vs. State also, on a reading
RFA 90/2017 Page 8 of 12
of Anvar P.V. supra, disagreed with the view
taken in Ankur Chawla supra and held that the
words "produced in evidence" did not postulate
or propound a ratio that the computer output
when reproduced as a paper print out or on
optical or magnetic media must be
simultaneously certified by an authorised
person under Section 65-B(4). It was held that
all that is necessary is that the person giving
the certificate under Section 65-B(4) should be
in a position to certify and state that the
electronic record meets the stipulations and
conditions mentioned in Section 65-B(2),
identify the electronic record, describe the
manner in which computer output was
produced and also give particulars of the
device involved in production of the electronic
record for the purpose of showing that the
electronic record was prepared by the
computer. It was further held that emails are
downloaded and computer output, in the form
of paper prints, are taken every day; these
emails may become relevant and important
electronic evidence subsequently; it is difficult
to conceive and accept that the emails would be
inadmissible, if the official who downloaded
them and had taken printouts had failed to, on
that occasion or simultaneously record a
certificate under Section 65-B.
.................
M/S Icici Bank Limited vs Kamini Sharma & Anr on 31 January, 2018
Statement of account certified under the Bankers' Books
Evidence Act shows that various instalments towards repayment of the loan
have in fact been received by the Bank. Thus, the fundamental fact that the
Defendants took the loan and repaid some part of the loan, is admitted. This
being the position, the statement of account which is certified under the
Bankers' Book Evidence Act, 1891 by the Principal Officer of the Bank,
could not have been ignored or held to be not proved in terms of the Section
65B of the Evidence Act. It has been held recently by this Court in ICICI
Bank Ltd. v. Kamini Sharma & Anr. [RFA 297/2016 dated on 31st
RFA 90/2017 Page 3 of 12
January, 2018] as under: