• How to get check whether sent Emails on my Yahoo Email Id were really sent or not

One purchaser purchased material from our Partnership firm. Warranty period for that was 1 year while he continued to purchase for 2.9 years. When he did not follow payment terms and delayed many delivery payments more than 7 months while the defined period for payment was 1 month after delivery as per mutual agreement. In this way our huge payment more than 22 lakhs got delayed by more than 6 months and as a result we had to stop supplies to him. In retaliation of it he filed a case in a Delhi court claiming that quality was very poor, and his customers have returned the material so, his all given payment be retuned and the purchased material be taken back .To prove this claim he made the use of Fake Emails showing more than 152 Emails and when we checked on our Yahoo Email id only 20 % were found to be received in Inbox of our Email id, also no emails were found in Spam Box or Deleted Items box out of shown sent Emails by him in court. We submitted this fact in the court and requested court to call a Yahoo representative to check Genuity of these Emails. On our such request Court sent summons to Yahoo India Pvt. Ltd to check out Emails but Yahoo did not give any reply for first 4 to 5 summons. After next summon it sent its lawyer who said Yahoo can not check such Emails as per available law and submitted an application in the court to justify this statement that Yahoo Pvt. Ltd. is not legally bound to check such private Emails by stating some judgements of Supreme Court of India, after reading these judgements /orders we found that these judgements /orders are irrelevant and not belong to such matter as ours. This has been done by Yahoo to mislead court and take court`s consent for their such illegal action. This company earns so much money through Advertisements and by selling off Email Ids. If legal status of Emails as proof in Courts is taken away then most of users would not use their Emails and purchase Email Ids. Such action of this company shows it is running a cheating business as by using their Emails any criminal act can be performed as court accepts the Emails as Soft Evidence. In this regard I want to know the Legal options available to make Yahoo to check Emails and point out Fake Emails to expose and defeat this fraud motive of Plaintiff (Purchaser). Also, can A writ be submitted in a court to take away their legal status so that such frauds may be stopped.
Asked 19 days ago in Civil Law

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3 Answers

Yahoo! can provide general subscriber information supplied by the user at the time of registration, including name, location, date account created, services used and IP addresses.

2)Any email available in the user’s mail account, including IP address of computer used to send email. Yahoo! Is not able to search for or produce deleted emails.

 

3)Yahoo! is unable to search for and produce deleted material such as emails, unless a request is received within 24 hours of the deletion and is specifically requested by proper legal process.

 

4) it is necessary to peruse court orders ,replies sent by yahoo to advice further 

Ajay Sethi
Advocate, Mumbai
94238 Answers
7432 Consultations

5.0 on 5.0

If you pursue the yahoo matter it will divert you from the main topic and you will be trapped in the diverted issues alone.

Actually the email contents are not admissible as primary evidence.

you could have straightaway challenged the veracity of the email when they were produced as evidence before court, then it becomes the burden to prove it genuineness of the person who relies upon such evidences. 

If the yahoo company is not providing the requested information citing the law involved in it, then the court also cannot proceed agaisnt the yahoo company.  Actually the case before the court is not against the yahoo company, it is a matter between two parties who are not related to yahoo company.

High court may not entertain any writ petition in this regard as desired by you.

You can directly challenge the case instead. 

T Kalaiselvan
Advocate, Vellore
84440 Answers
2135 Consultations

5.0 on 5.0

You need to seek the certificate from yahoo for the same

Prashant Nayak
Advocate, Mumbai
31573 Answers
169 Consultations

4.1 on 5.0

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