RECOGNITION AND PRESUMPTION OF ELECTRONIC FORMS

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ELECTRONIC FORMS IN CYBER LAW

Defendant according to sales contract, was to supply 1,600 steel rods, but it supplied only 500 M.T. of steel rods. Plaintiff filed suit claiming damages against defendant in respect of balance 1,100 M.T. of steel rods. Defendant filed application for stay of plaintiff’s suit seeking direction from the court to order plaintiff to refer the dispute to arbitration as the parties by the very said contract had agreed to settle all disputes by arbitration.

Claim of Correspondence

Claim of correspondenceby faxes and Emails and that plaintiff had never entered into any sales contract containing an agreement to arbitration. Counsel for plaintiff had argued that there was no document to show that there was arbitration agreement between the parties. Validity.

Defendant’s counsel had attached documents prior to the sales contract and not the sales contract itself which contained arbitration agreement, terms of which were accepted by plaintiff by opening a letter of credit favouring defendant in terms thereof, Plaintiff could not accept some of the terms of said contract and denied others such as arbitration clause; plaintiff could not be allowed to blow hot and cold in the same breath.

Arbitration

Agreement to arbitration could also be inferred from the conduct of the parties based on exchange of correspondence.

From the exchange of correspondence between parties, an agreement to refer dispute to arbitration could easily be inferred, from which plaintiff could not execute itself. Suit was stayed and plaintiff was directed to resort to terms of sales contract for settlement of its dispute with defendant by arbitration as agreed between the parties.

Objection to the admissibility of electronic report: Acceptance of nomination papers. Appellant a rival candidate, had challenged acceptance of bachelor’s degree to contest elections. Respondent on ground of lack of requisite qualification i.e. his educational qualification as a bachelor of business administration from a foreign institution.

Appointment of Commission to verify

Commission appointed by court, to verify foreign degree of respondent, contacted to the registrar of said Foreign Institution through  Fax or internet and reply received from the Registrar of said Foreign Institution was to the effect that respondent was enrolled for one semester only, but he was not granted any type-of degree or diploma from the said institution.

Admissibility

Respondent raised objection to the admissibility of report received through Fax or internet, but same were rejected in view of the fact that under art 164 of Qanun-e-Shahadat, 1984 Court could allow the and use any evidence that was available through modern devices.

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