Admissibility of spy call recording as evidence
1) can i submit spy call recording of mobile phone which was in my name and telecom connection was also in my name, in the court of law for defense against false cases filed by me wife in matrimonial dispute?. 2) Will there be a right to privacy offence against me or not?
As per the Andhra Pradesh Apartment Ownership Act there is no special mention as to on what basis the maintenance must be calculated. However, the Act provides that the Apartment Owners Association has the right to draft bye laws which in turn provide for the amount of maintenance to be paid by the owners of the apartments. The bye laws are to further provide for the manner in which maintenance is to be collected. However this may be determined on the basis of the percentage of share in the common areas and facilities of individual apartment owners. This percentage is determined on the basis of the area of the property owned.
In the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, the following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation: a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where the maker has denied the voice it will require very strict proof to determine whether or not it was really the voice of the speaker. b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial. c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, inadmissible. d) The statement must be relevant according to the rules of Evidence Act. e) The recorded cassette must be carefully sealed and kept in safe or official custody. f) The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance. Further the definition of evidence includes, ‘all documents including electronic records produced for the inspection of the Court’ Thus the recorded conversation shall be admissible in a court of law.
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