Thread Started by #seeking_advice

I intend to file a case on my ex-employer for a final settlement problem.
I have all the evidence on email and pdf documents but I have been told that emails are not a valid proof in court.
Can someone please clarify this?
Can I also see where this is specifically mentioned (on some govt site etc)?
If I cannot use emails and pdf docs, then what can I show as evidence?
Addnl Note: The emails and pdf documents do not have the company seal but emails have been sent from the official ids
25th November 2008 From Singapore ,
dear e-mails can not be proof in any court of law. tks j s malik
26th November 2008 From India , Delhi
Dear Mallik
Email is not a evidence
I am not agree with this, all the evidence governed by the nature of incident .
in indian context the Indian Evidence Act is applicable -
only 2 types of evidence-1-Circumstantial 2-Documentary
u may show anyone ,
PK Tripathi
29th November 2008 From India , Calcutta
Dear Mr. Tripathi,
I am agree with you. Not only this but also Indian Evidence Act has been amended in accordance with Information Technology Act as we can see some amendments in provision of admissions etc.
Prabhat K Srivastava
30th November 2008 From China , Beijing
Dear Mr.Tripathi & Mr. Srivastava,
As per Information Technology Act, 2000 - Section-4,
Legal recognition of electronic records - Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is-
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
Though Indian Evidence Act is complex, but is very precise on this issue.
I have some citations about this & can mail to you.
Gajendra Patil
30th November 2008 From India , Mumbai
Dear Friends,
Let's solve the problem of our friend. He has some problmes of final settlement with his ex employer.
Now we do not know what final settlement is to be received ? Salary or other welfare measures like Gratuity ? or bonus ? Or whether any deposit he made with the employer ?
If he had resigned by giving proper notice as required as the standing orders he is eligible for getting salary for the period he worked. If he had continued in service for more than 5 years he has eligibility for gratuity, subject to other eligibility conditions. Similarly bonus as per eligibility.
If he has not given notice as per the requirement and abandoned the employment, his rights also will be limited.
Let our friend define his problem correctly.
IPC is amended to include Electronic document.
K C S Kutty
30th November 2008 From India , Madras
Dear Friend,
Certainly, Emails are valid proof in Indian Courts. After enactment of Information Technology Act, 2000, the Emails are valid document in the eyes of law. Hence you can file a case by submitting the printed copy of emails.
With regards
6th December 2008 From India , Madras
After the enactment of Cyber Law, all e Documents are recognized in evidence as good as any other document. Indian Evidence Act was also amended in line with it.
13th December 2008 From India , Udupi
Dear all,
1. After posting the mail dated 25th Nov. 2008, the author of the mail Priyashiva seems to have lost interest in knowing the response form others. It is as good as jumping the from the wagon after flogging the horse.
2. Mr. KCS. Kutty vide his posting dated 30th Nov. 2008, had raised certain queries relevant to the case that correct advise can be given. So far, no response from the author of the mail on these earnest queries.
3. Mr. Gjendra Patil vide his posting dated 30th Nov. 2008, has cited Sec. 4 of the Information Technology act, 2000 therein clarifying the definition of 'Document', which includes electronic form also. Much to the surprise, three follwing postings seeks Mr. Patil to email the citation to them. Does it not strike to anyone that the entire IT Act, 2000 is available from the Net free? Pl. have the habit of visiting Govt. Of India / NIC site / indiacode, where one can download all bare Acts.
4. As regards the validity of Email being accepted as valid evidence in the indian Court, consequent to the IT Act, 2000 and the concomittant amendement of Sec. 3 of The indian Evidence act, 1872, such 'electronic records' are valid evidence. The burden as per the amendmment is on the the contesting party to deny that such evidence is not a vaid evidence.
Once again, i am disappointed for the recklessness of the author not answering the questions raised by Mr. KCS.Kutty.
Advocate & HR Consultant
+9198406 86632
16th March 2009 From India , Madras
Dear Friends,
As said in earlier replies, e mails are accepted as valid proof as per the amendment in Evidence Act through Information Technology act, 2000. But at the same time the same e mails (data) should be maintained in the original form in the system (computer) till court passes order / decree based upon the said e mails (data). The e mails can be deleted only after lapse / completion of the appeal period.
Muthu, Advocate.
26th May 2009 From India , Bangalore
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