Your Advocate
This week your Advocate is Barrister Tasnuva Shelley, Advocate, Supreme Court of Bangladesh. Ms. Shelley is a Senior Associate of a renowned 
firm established by the Late Mr. Syed Ishtiaq Ahmed, namely, 'Syed Ishtiaq Ahmed & Associates”, which offers full range of legal advice and assistance to business clients in all sectors of industries, both domestic and international. The partners and associates of the firm are highly experienced in litigation and have a sizeable legal practice having expertise mainly in commercial law, corporate law, admiralty, employment and labor law, land law, banking law, constitutional law, telecom law, energy law, Alternative Dispute Resolution, Intellectual Property Rights and in conducting litigations before courts of different hierarchies.
Query
I would like to know if I have audio recorded evidence against my opponent and the audio recorded proves that the opponent is guilty. Is there any possibilities to give the audio recording evidences personally to the judge or provide them during the hearing.
Thank you,
Jamil Uddin
Mohammadpur,Dhaka
Response
Thank you for your query. If you have an audio recording/tape recording evidence, the first step is to ensure that the evidence is admissible in Court. The definition of “document” under the Evidence Act, 1872 has emerged over the decades and the use of audio/tape recorded evidence is admissible evidence when substantiated by deposition of a witness before the Court. In civil cases parties may rely on audio/tape records of relevant conversations to support their versions and with the increasing use of mobile phones, it has almost become a common practice now. In such cases the court has to face various questions regarding admissibility, nature and evidentiary value of such audio/tape recorded conversation. Generally, if the audio/tape recorded evidence is considered relevant in the course of your trail or proceeding, it has to be exhibited as documentary evidence along with an application praying for allowing the audio/tape recording to be heard in Court. There is hardly any scope to give such evidences personally to a judge. However, in some cases of Nari O Shishu Nirjatan Daman Ain, 2000 or other special laws, the judges may use their discretionary power and not have the audio/tape recording heard in open Court. However, please note that the Supreme Court did not pronounce judgment to admit audio/tape recording as evidence blindly. It shall be decided on a case to case basis. Since, you have not disclosed much details of your case, I hope I have been able to satisfactorily address you query.
For detailed & query: joshieshelly@gmail.com
firm established by the Late Mr. Syed Ishtiaq Ahmed, namely, 'Syed Ishtiaq Ahmed & Associates”, which offers full range of legal advice and assistance to business clients in all sectors of industries, both domestic and international. The partners and associates of the firm are highly experienced in litigation and have a sizeable legal practice having expertise mainly in commercial law, corporate law, admiralty, employment and labor law, land law, banking law, constitutional law, telecom law, energy law, Alternative Dispute Resolution, Intellectual Property Rights and in conducting litigations before courts of different hierarchies.
Query
I would like to know if I have audio recorded evidence against my opponent and the audio recorded proves that the opponent is guilty. Is there any possibilities to give the audio recording evidences personally to the judge or provide them during the hearing.
Thank you,
Jamil Uddin
Mohammadpur,Dhaka
Response
Thank you for your query. If you have an audio recording/tape recording evidence, the first step is to ensure that the evidence is admissible in Court. The definition of “document” under the Evidence Act, 1872 has emerged over the decades and the use of audio/tape recorded evidence is admissible evidence when substantiated by deposition of a witness before the Court. In civil cases parties may rely on audio/tape records of relevant conversations to support their versions and with the increasing use of mobile phones, it has almost become a common practice now. In such cases the court has to face various questions regarding admissibility, nature and evidentiary value of such audio/tape recorded conversation. Generally, if the audio/tape recorded evidence is considered relevant in the course of your trail or proceeding, it has to be exhibited as documentary evidence along with an application praying for allowing the audio/tape recording to be heard in Court. There is hardly any scope to give such evidences personally to a judge. However, in some cases of Nari O Shishu Nirjatan Daman Ain, 2000 or other special laws, the judges may use their discretionary power and not have the audio/tape recording heard in open Court. However, please note that the Supreme Court did not pronounce judgment to admit audio/tape recording as evidence blindly. It shall be decided on a case to case basis. Since, you have not disclosed much details of your case, I hope I have been able to satisfactorily address you query.
For detailed & query: joshieshelly@gmail.com
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