Definition of Signed in Indian Law

Overview

The term signed in legal contexts generally refers to the act of a person writing their name or affixing a mark to a document to authenticate it. This definition can vary slightly depending on the specific legal context or statute involved.

Key Definitions and Interpretations

1. General Definition:

2. Signed means to write one''s name or affix a mark to represent one''s name, either personally or through an authorized agent. This is consistent across various legal documents and statutes Dena Bank (Now Bank of Baroda) VS C. Shivakumar Reddy - Supreme CourtNanchand Gangaram Shetji VS Mallappa Mahalingappa Sadalge - Supreme Court.

3. Transfer of Property Act, 1882:

4. Under Section 3, attested includes the requirement that the executant must either sign the document themselves or have someone else sign it in their presence and by their direction. This implies that a signature must be made with the intention of authenticating the document Rattan Singh VS Nirmal Gill - Supreme Court.

5. Limitation Act, 1908:

6. Section 19 specifies that an acknowledgment of liability must be signed by the party against whom the property or right is claimed. This can also include signatures made by an authorized agent Lakshmirattan Cotton Mills Company LTD. VS Aluminium Corporation Of India LTD. - Supreme Court.

7. Representation of People Act, 1951:

8. The terms signed and subscribed are used interchangeably in the context of election nominations, indicating that both require a valid signature or mark that is properly attested Kanhaiyalal Vishindas Gidwani VS Arun Dattatraya Mehta - Supreme Court.

9. Contract Act, 1872:

10. An agreement can be valid even if signed by only one party, provided it is delivered and accepted by the other party, highlighting that the act of signing is crucial for the enforceability of agreements Alka Bose VS Parmatma Devi - Supreme Court.

11. General Clauses Act, 1897:

12. The term sign is extended to include mark for individuals unable to write, emphasizing the importance of authentication in legal documents Hindustan Construction Company LTD. VS Union Of India - Supreme Court.

Exceptions and Limitations

• The requirement for a signature may be relaxed in certain circumstances, such as when a party is unable to sign due to absence or other valid reasons, allowing for an authorized person to sign on their behalf SARITHA S. NAIR VS HIBI EDEN - Supreme Court.
• In cases involving illiterate individuals, specific statutory provisions require that their marks be attested to ensure authenticity and prevent fraud Commissioner Of Agricultural Income Tax, Bengal VS Keshab Chandra Mandal - Supreme Court.

Conclusion

The definition of signed in Indian law encompasses both the act of writing one''s name and the affixing of a mark, with the requirement that such actions must be done with the intent to authenticate a document. The context in which signed is used can introduce nuances, particularly regarding the involvement of authorized agents and the need for attestation in certain cases. It is crucial for legal practitioners to ensure that signatures are executed in accordance with the relevant statutory requirements to uphold the validity of documents.

Recommendations

• Ensure that all documents requiring signatures are properly executed, with attention to the specific requirements of the applicable statutes.
• In cases involving individuals unable to sign, follow the prescribed procedures for attestation to maintain the integrity of the document.
• Consider the context of each legal situation to determine the appropriate interpretation of signed as it may vary across different legal frameworks.

References: SIRI CHAND (DECEASED) THR. LRS. VS SURINDER SINGH - Supreme CourtRattan Singh VS Nirmal Gill - Supreme CourtDena Bank (Now Bank of Baroda) VS C. Shivakumar Reddy - Supreme CourtSARITHA S. NAIR VS HIBI EDEN - Supreme CourtVinod Kumar Singh VS Banaras Hindu University - Supreme CourtAlka Bose VS Parmatma Devi - Supreme CourtKanhaiyalal Vishindas Gidwani VS Arun Dattatraya Mehta - Supreme CourtCommissioner Of Agricultural Income Tax, Bengal VS Keshab Chandra Mandal - Supreme CourtHindustan Construction Company LTD. VS Union Of India - Supreme CourtNanchand Gangaram Shetji VS Mallappa Mahalingappa Sadalge - Supreme CourtNasiruddin VS State of Uttar Pradesh through Secretary - Supreme CourtCrisil limited VS Inspector General of Registration and Controller of Stamps, Chief Controlling Revenue Authority - BombayLakshmirattan Cotton Mills Company LTD. VS Aluminium Corporation Of India LTD. - Supreme Court]