• Whether digitally signed advocate notice is valid

My advocate is sending notices by affixing his digital signature
is it valid under the law (civil or criminal)
Asked 6 years ago in Civil Law

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24 Answers

Electronic evidence is admissible in court even if not supported by certificate u/s 65B of the Evidence Act.

So relax as the notices sent by him is very valid under the eye of law and can be relied upon in litigation in court.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes it is valid

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sending notice on emails/ online is secondary form of sending notice but that should be duly sign scan copy. Digital signauter cannot replace the importance of personal sign.

Rest depends on the nature of noitce. Few kind of notices can duly serve to avoid delay through online mode bearing digital signature.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The legal recognition of electronic signature has been provided under section 5 of information technology Act 2000. This section equates electronic signature as traditional handwritten signature. It provides that if any, information or document if confirmed by electronic signature shall have the same effect as the affixing of signature if done according to the prescribed manner

 

2) it is valid and admissible in evidence 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can rely upon legal notice sent by email by your lawyer 

 

digital signature is valid 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes digital signatures are valid under IT ACT

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Well, notice under section 138 NI Act can not be sent by online and hence digital signature makes no sense out of it.

So of there is still time send notice afresh in physical copies. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If a notice is sent by mail and /or digital signatures are approved it is valid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes same can be produced before the court it is valid legal notice.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is valid. A notice should be issued within 30 days. The law doesn't specify that the signature should be in writing. 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

1. There is no specific restriction against use of digital signature

2. law is dynamic and not static

3. so in today's world of technology, if something is being made easy, then why not use it

4. there are several high courts which permit sending of court summons by email or whatsapp

5. so i do not see any harm if a lawyer issues a legal notice by digitally signing the same

6. if there is any objection raised by the opponent pursuant to your 138 complaint that the notices are not valid as they have not been physically signed by the advocate of the complainant, then your lawyer can always depose before the court and very the fact of he having digitally signed the document, by filing an affidavit in court

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Hello,

Yes it is admissible.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Sir,

Yes, e-signatures are legally valid in India. In fact, e-signatures have been recognized by the Indian law, with the passage of the Information Technology Act in year 2000.

As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include:

(i) Digital Signatures: In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. For sending notices digitally i.e. through whatsapp, email etc., notice with digital signature of the Advocate is perfectly valid.

 

2. Digital notices can also go without digital signature from the approved IP address of your Advocate.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Sending hard copies of the notices through anail mail with digital signature can be challenged by the opposite parties.

 

2. Your Advocate can stamp his signature on the notices through his clerk which will be perfectly alright as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

- Yes, digitally signed advocate notice is valid for fling a case under civil or crminal act.

- Digital Signatures are legally admissible in a Court of Law, as provided under the provisions of IT Act, 2000

 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Section 5 Legal recognition of [electronic signatures] — where law provides that information or ...

 A digital signature can be used only if you hold a digital certificate. ...

Send a legal notice, review a legal document, etc.

Digital signature or standard electronic signature is actually a coded, encrypted, legally binding digital footprint. The digital signature is made of unique encoded messages — one for each signee — that join together to make a complete, legally binding, standard electronically signed document.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

digital signatures are valid and enforceable. As long as certain requirements are met, they have the same legal effect as their written equivalents. ... The process by which the signature was created must be recorded by the software used to create the signature.

our lawyer will defend his signature when there arises a question of law in this regard.


digital signatures are valid and enforceable. As long as certain requirements are met, they have the same legal effect as their written equivalents. ... The process by which the signature was created must be recorded by the software used to create the signature.

our lawyer will defend his signature when there arises a question of law in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. It is absolutely valid.

2. Indubitably it can be exhibited.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

e-signatures are legally valid . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Digital signatures can be used and it is valid. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes digitally signed documents are valid and admissible evidence in court of law.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes a lawyer  can send a notice through e mail.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It would be valid as you can prove that it was his mail and signatures in case any controversy arises.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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