Property_Manu - Final - The New India Assurance Co. Ltd.

The New India Assurance Co.Ltd.· Such an electronic record sent by an originator to an addressee is deemed to be receivedby the addressee when it acknowledges it by a record that is automatically generated orotherwise or by the addressee’s subsequent conduct (Sec. 12);· The place of such dispatch or receipt of the electronic record is, unless agreed otherwise,generally the principal place of business of the originator and the addressee, whereeither of them has more than one place of business. Similarly the time of dispatch andreceipt is the time at which the record enters the designated computer or when nonesuch computer is designated, when it is retrieved by the addressee (Sec. 13);· Documents stored in the electronic format should be sent by the originator of the document,or on his behalf or, in the case of an automatically generated document, by a programmeinstalled by or on behalf of the originator (Sec. 11);· The provisions as to storing of electronic records and their audit are found in Secs. 7 and7A of the Information Technology Act, 2000.· Lastly, Section 45A of the Evidence Act, 1872 states that where in a proceeding anobjection as to the validity of the electronic record is raised, the court will be guided bythe opinion of the Examiner of Electronic Evidence appointed by the Government underthe provisions of the Information Technology Act, 2000.· Certain penal provisions are also enacted for deterring tampering of electronic recordsand to that end, the Indian Penal Code has been amended.C. CONCLUSIONIn the premises, and in view of the provisions of the Information Technology Act, 2000and the rules framed thereunder, and the amendments to the older laws, in particular,the Evidence act, 1872, any document or Insurance certificate stored in the electronicformat and following the guidelines stipulated under the Act, will have the sameevidentiary value as an Insurance Certificate printed or typed on paper.HHHHH96 MANUAL ON PROPERTY