MEHMOOD ALAM SHER vs HEC Ss — 2022 CLC 1337 ISLAMABAD

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MEHMOOD ALAM SHER VS HEC Ss.51 & 52---Electronic Transactions Ordinance (LI of 2002), S.3---Qanun-e-Shahadat (10 of 1984), Art. 73---Reciprocal promise, performance of---Electronic transaction---Email---Proof--- Suit for recovery of money was filed by respondent / Higher Education Commission (Commission) against petitioner / student who went abroad on scholarship but allegedly returned without completing his education as per Deed of Agreement---Suit and appeal were decreed in favour of respondent / Commission by Trial Court and Lower Appellate Court respectively---Petitioner / student alleged that Deed of Agreement was breached by respondent / Commission--- Validity--- Deed of Agreement was comprised of reciprocal promises and it had made performance by respondent / Commission conditional upon due adherence of terms and conditions by petitioner / student--- Respondent / Commission was under obligation to make available scholarship funds to petitioner / student in order for the latter to carry out his legal obligations under the Deed was very much implicit in the contract---Order of performance required by the nature of transaction was for respondent / Commission to make available the requisite funds first---Such was imperative for both the Courts below to first consider whether respondent / Commission was in breach of its obligations or not and in case there was breach on the part of respondent / Commission, then effect thereof in light of Ss. 51 and 52 of Contract Act, 1872---Printout of email was admissible as primary evidence by virtue of Art. 73 of Qanoon-e- Shahadat Order, 1984 subject to the conditions stipulated therein--- Once admitted into evidence, emails were required authentication unless admitted by other side--- Different ways of authentication could be employed depending on facts and circumstances of each case: (i) Admission by otherside; (ii) Tracing IP address of sender; (iii) Reply from other side or conduct that shows receipt or dispatch of disputed email; (iv) A read receipt; or (v) Witnesses who may be other recipients of the disputed email---Printouts of emails produced by parties should have been admitted into evidence and exhibited---Neither of the parties denied dispatch and/or receipt of emails produced by other side in such case reliance upon the same was justified--- High Court set aside judgments and decrees passed by two Courts below and remanded the matter to Trial Court for decision afresh---Constitutional petition was allowed accordingly.

MEHMOOD ALAM SHER vs HEC Ss — 2022 CLC 1337 ISLAMABAD

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