Shivam Singh
Asked November 17, 2016

delay in payment of loan

  • 1 Answer
  • 222 Views

My tution teacher had borrowed around1.70lakh and now he is just giving me dates and dates and not return a single rupee since 1year What can i do legally against him i asked him for check but he denies to give and said that he will only pay in cash and gives me date again…i dont have any contract…but i have audio recording of our conversation when i was asking him for money and he say in the audio that he had borrowed money from me..

Answer 1

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Jayanth Ravi

Ideally when lending money of significant amounts to anyone, one should always ensure that the transaction is evidenced by a written document. The only proof you have of the transaction are your own words and the tape record of a conversation. The tape record can be introduced to the court as electronic evidence as per Section 65A of the Evidence Act, but they will have to qualify the conditions of Section 65B which requires the electronic device to be regularly employed for use and must be operating properly during recording. These qualifications are meant to ensure that the evidence adduced is genuine and free from tampering. To admit the audio recoding as an evidence, the Court will require that it is supported by other evidences like statements given by witnesses present when the recoding was made. Generally audio recordings carry less weightage. In order to further discuss your case and decide whether to file a money suit or not, kindly go to http://lawfarm.in/legal_cases/new and provide your case details. References: Indian Evidence Act, 1872 Yusufalli Esmail Nagree vs State of Maharashtra AIR 1968 SC 147

Agree Comment 0 Agrees almost 4 years ago

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