Thursday, January 29, 2015
Friday, January 23, 2015
Tuesday, January 20, 2015
How to produce a email print out, face book chat history, whatsapp records or any other electronic records in evidence before a court of law in India ?
The Section 65B of Indian Evidence Act stipulates the conditions for production of electronic records in evidence before a court of law in India-
The insertion of Section 65A and Section 65B under the head of admissibility of the electronics records and as per Section 65 A, which is a special provision in itself, contemplates that the contents of the electronic records may be proved in accordance with the provision of the Section 65B. Further, section 65 B stipulates that any information contained in an electronic records and printed on paper shall be deemed to be a document and admissible in any proceeding without further proof of the original ( soft copy ) if the conditions are met viz., that computer out put was produced by the computer which was regularly used to store information or process information by the person having lawful control over the use, and that further during that period the information was duly fed into the computer in usual course of business and the computer was functioning properly during that period of time.
Model affidavit - referred by Bombay High Court.
Ark Shipping Co. Ltd. vs Grt Shipmanagement Pvt. Ltd. (2008 (1) ARBLR 317 Bom)
Ark Shipping Co. Ltd. vs Grt Shipmanagement Pvt. Ltd. (2008 (1) ARBLR 317 Bom)
Affidavit
1. I state that I was employed in the chartering division of Sahi Oretrans (Pvt) Ltd. (hereinafter for the sake of brevity referred to as Sahi), a company having its office at 30 Western India House, 3rd Floor, Sir. P.M. Road, Mumbai 400 001. I state that Sahi acted as the ship broker in respect of the charter-party concluded between the petitioners and respondents, abovenamed.
2. I state that being employed in the chartering division of Sahi, I was personally involved in the transaction. I state that being ship brokers all emails were forwarded to the petitioners and the respondents through computer terminals in Sahi’s office, by me. In fact, my name appears in almost all the email correspondence.
3. I state that by virtue of my employment I was authorized to use the computer terminals in Sahi’s office. Further, the computer terminals used by me were functioning normally at all times. Further, since I was personally involved in the transaction, I in fact personally authored/saw the email correspondence exchanged between the petitioners and the respondents.
4. I hereby produce hard copies of the emails which represent the contract entered into between the parties. The said emails are annexed hereto as Exhibit “A”. I crave leave to refer to and rely upon typed/clear copies of the same at the time of hearing, if necessary.
5. I confirm that the contents of the hard copies of the emails are identical to the emails exchanged through the computer terminals operated by me. I further state and confirm that the contents of the hard copies of the emails at Exhibit “A” are identical to the hard copies of the emails filed before the arbitrator, a compilation of which I have perused.
6. Accordingly, I am making this present affidavit to certify that the hard copies of the emails annexed at Exhibit “A” to “A4″ hereto are a “true copy”/ reproduction of the electronic record which was regularly fed into/transmitted through my computer terminal in Sahi’s office in the ordinary course of activities. I further state that at all times the computer terminals utilized by me were operating properly and there is no distortion in the accuracy of the contents of the hard copies of the emails.
The above affidavit, therefore, in the facts and circumstances of the said case, is sufficient compliance of Section 65B of the Evidence Act. The above hard copies/ print outs as taken out from the computer, therefore, can be treated as certified copy of agreement for Arbitration, as contemplated under the Arbitration Act-1996. These correspondence/ documents, therefore, as contended by the petitioners, and as also relied by the Tribunal at Singapore, while passing interim final award arising out of the disputes based upon this agreement, therefore, are in compliance of the provisions. The office has also endorsed the remark “as Certified original print out” as stated on oath may be treated as original after obtaining directions from the Court.
Saturday, January 17, 2015
CRZ amendment on 20000 Metre Square buildings - sanction procedure now rest with State Authorities..
à´ªുà´° à´•à´¤്à´¤ുà´®്à´ªോà´³് à´µാà´´ à´µെà´Ÿ്à´Ÿി
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à´®ുà´¨്à´ªും ഇരുപതിà´¨ാà´¯ിà´°ം
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വര്à´·à´™്ങളാà´¯ി à´ˆ à´¨ിയമത്à´¤ിà´²് à´à´µà´¨à´¨ിà´°്à´®്à´®ാണത്à´¤ിà´¨്
ഇളവു നല്കണമെà´¨്à´¨് ആവശ്യപ്à´ªെà´Ÿുà´¨്à´¨ുà´µെà´™്à´•ിà´²ും à´…à´¤് à´•േà´³്à´•്à´•ാà´¨് à´•ൂà´Ÿ്à´Ÿാà´•്à´•ാà´¤്à´¤
à´•േà´¨്à´¦്à´° സര്à´•്à´•ാà´°് à´Žà´¨്à´¤ാà´¯ാà´²ും 20000 à´®ീà´±്റര് à´¸്à´•്വയര് à´¨ു à´®ുà´•à´³ിà´²് à´¨ിà´°്à´®്à´®ാà´£ം നടത്à´¤ാà´¨ുà´³്à´³ സമ്പന്à´¨ ദരിà´¦്à´°à´°ുà´Ÿെ
à´•ാà´°്à´¯ം à´’à´¨്à´¨ുà´•ൂà´Ÿി à´Žà´³ുà´ª്പമാà´•്à´•ി. ഇനി അവര്à´•്à´•് à´¨ിà´°്à´®്à´®ാണത്à´¤ിà´¨ു à´…à´¨ുà´µാà´¦ം à´µാà´™്à´™ാà´¨്
à´¡à´²്à´¹ിà´¯ിà´²് à´ªോà´•േà´£്à´Ÿ, à´¤ിà´°ുവനന്തപുà´°à´¤്à´¤് à´ªോà´¯ാà´²് മതി.
à´¨ിയമത്à´¤ിà´²് à´à´µà´¨à´¨ിà´°്à´®്à´®ാണത്à´¤ിà´¨് ഇളവു നല്കണമെà´¨്à´¨്
ആവശ്യപ്à´ªെà´Ÿ്à´Ÿു നടക്à´•ുà´¨്à´¨ à´ª്à´°à´¤ിà´·േധങ്ങള് സര്à´•്à´•ാà´°്
à´šെà´µിà´•ൊà´Ÿുà´•്à´•ുà´¨്à´¨ിà´²്à´² à´Žà´¨്à´¨് പറയാà´¨ാà´•ിà´²്à´². à´¨ിയമം ഇളവു à´šെà´¯്തല്à´²ോ. à´ªുà´° à´•à´¤്à´¤ുà´®്à´ªോà´³്
à´µാà´´ à´µെà´Ÿ്à´Ÿിà´¯ാà´£െà´™്à´•ിà´²ും ധനിà´•à´°ാà´¯ ദരിà´¦്à´°à´°ുà´Ÿെ പദ്ധതിà´•à´³്à´•്à´•് à´…à´¨ുà´µാà´¦ം നല്à´•ുà´¨്നതിà´¨ുà´³്à´³
നടപടിà´•à´³് ലളിതമാà´•്à´•ിയല്à´²ോ .
à´¨ിയമദര്à´¶ി 2015(2)
Coastal Regulation
Zone Notification 2011.
4(i)(d) Construction
involving more than 20,000sq mts built-up area in CRZ-II shall be considered in
accordance with EIA notification, 2006 and in case of projects less than
20,000sq mts built-up area shall be approved by the concerned State or Union
territory Planning authorities in accordance with this notification after
obtaining recommendations from the concerned CZMA and prior recommendations of
the concern CZMA shall be essential for considering the grant of environmental
clearance under EIA notification, 2006 or grant of approval by the relevant planning
authority.
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