Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
When examining signatures of witnesses who are examined online, courts may also permit the re-examination or recall of witnesses if necessary to establish the genuineness of signatures or for further clarification ["Sampara Lara vs Sampara Vivek - Telangana"].
Analysis and Conclusion:
In the era of digital transformation, especially post-COVID-19, courts worldwide, including those in India, have increasingly adopted video conferencing for witness examinations. This shift raises a practical question: how to get the signature of a witness who is examined online? Virtual hearings ensure accessibility but pose challenges in authenticating testimony through traditional signatures. This blog post outlines the general procedures, drawing from established guidelines, to help you navigate this process effectively.
Note: This is general information based on legal precedents and guidelines. It is not specific legal advice. Consult a qualified lawyer for your case.
Recording evidence via video conferencing is permissible under various judicial guidelines. Documents such as In Re Children In Street Situations VS . - 2022 0 Supreme(SC) 1985, Mahadev VS State of Karnataka - 2023 0 Supreme(Kar) 1121, and Raj Kumari VS Surinder Pal Sharma - 2019 0 Supreme(SC) 2291 affirm that online examinations maintain evidentiary integrity when proper safeguards are followed. These emphasize post-examination steps to secure witness signatures on transcripts or depositions.
The process typically involves a Remote Point Coordinator (RPC) or court officer overseeing the virtual session. Key to success is verifying the witness's identity upfront and ensuring the signature aligns with procedural rules.
Before signatures, complete the examination-in-chief, cross-examination, and re-examination as per standard protocols. Identity verification occurs prior to or during the session using documents like Aadhaar, passports, or affidavits. Guidelines in In Re Children In Street Situations VS . - 2022 0 Supreme(SC) 1985 and Mahadev VS State of Karnataka - 2023 0 Supreme(Kar) 1121 stress excluding unauthorized persons from the remote location.
After recording:- The Trial Court emails the deposition transcript to the RPC at the witness's location. (On completion of recording of evidence, the deposition will be sent by the Trial Court on email to the RPC at the Remote Point who shall take a print-out and read the same out to the witness. In Re Children In Street Situations VS . - 2022 0 Supreme(SC) 1985)- The RPC prints the transcript and reads it aloud to the witness for confirmation.
Authenticity is paramount, especially in disputes. Prior proof of identity—via affidavits or IDs—is mandatory. The presence of an officer during signing confirms voluntariness. Raj Kumari VS Surinder Pal Sharma - 2019 0 Supreme(SC) 2291 highlights procedural safeguards for signatures in contexts like wills, underscoring witnessed affixation.
Related case law reinforces this:- In signature disputes, courts often direct forensic examination if forgery is alleged. (The court found that the defendant specifically alleged the will to be forged and the signatures not genuine. It directed the collection of original deeds and submission to a forensic laboratory... In the Goods Of: Krishna Mazumdar, Deceased and Pradip Datta VS Hashi Mitra - 2024 Supreme(Cal) 107)- Expert opinion under Section 45, Indian Evidence Act, is discretionary but recommended for time-gapped signatures. Courts aren't barred from it despite lags. Katike Bheem Shankar VS T. Laxmi @ Punyavathi - 2022 Supreme(Telangana) 576
These principles extend to virtual settings: thorough verification prevents challenges to admissibility.
Secure transmission preserves the judicial record:- Electronic: Scanned PDF via email, with digital signatures if available.- Physical: Courier or registered post for originals.- Document the entire process, including timestamps and officer attestations.
Mahadev VS State of Karnataka - 2023 0 Supreme(Kar) 1121 and In Re Children In Street Situations VS . - 2022 0 Supreme(SC) 1985 mandate this to uphold integrity. Failure risks evidentiary rejection, as seen in cases requiring corroboration beyond sole expert opinion. (...when there is an absence of corroborative evidence and there is no independent or reliable evidence... conviction can be set aside. Syed Samsudeen VS State represented by Sub-Inspector of Police, City Crime Branch, Coimbatore - 2012 Supreme(Mad) 3842)
Drawing from witness examination norms, discrepancies from lengthy cross-exams don't invalidate if corroborated. Hasam VS State of U. P. - 2019 Supreme(All) 1929
Virtual examinations streamline justice but demand diligence on signatures. By following these guidelines, parties can ensure robust evidence. For tailored advice, engage legal experts familiar with your jurisdiction's rules.
State of Gujaran, reported in 2024 SCC Online SC 77 concluded that the accused-Petitioner has not submitted any specimen signature before the Court to compare the same with the signature which appears on the cheque. ... Act with regard to the signature is a rebuttable one and the accused-Petitioner will get ample opportunity to lead evidence to rebut, while recording of the evidence. ... It was also brought to the notice to the learned trial Court that the accused had not taken such a plea thereby disp....
The defendant relied upon the judgment reported in 1992 SCC OnLine Mad 368 (R. Muniswamy & 6 Ors. vs. P. ... Learned Counsel for the plaintiff has relied upon the judgment 2023 SCC OnLine Bom 1594 (Ajay Harpal Singh vs. ... The plaintiff has examined two witnesses, namely, Bimal Krishna Jana and Ms. Mala Balakrishnan. ... before the expert for comparing the admitted signature and the signature appearing in the alleged Will. ... The defendant has further stated that the signature appear....
Seetha Devi, 2004 SCC OnLine AP 664, this Court held that the trial Court was justified in refusing to send the documents for Expert opinion as there was a gap of nine years between the disputed signature and the admitted signature on the written statement. ... Ravi Surya Prakash Babu, 2015 SCC OnLine Hyd 467 and Jonnalagadda Ravi Sankar v. Jakka Rama Krishna Rao, 2012 SCC OnLine AP 213. 5. Contentions of respondent Nos.1 and 2 : i. ... Bhagyalakshmi, (2004 SCC OnLine AP 545 held that ....
Order of Examination:- Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. ... Balasubramanian : 2011 SCC online Mad 158 (ii) Devaraj Vs. Dayarathini & Ors. : 2020 SCC Online Kar 1662 (iii) Chhabil Das Vs. Pappu : 2007 (1) CCC 183 (SC) (iv) Bhanu Kumar Jain Vs. Archana Kumar & Anr. ... Comparison of signature, writing or seal with others admitted or proved.– In order to ascertain whet....
(MILIND RAMESH PHADKE) JUDGE (LJ*) Signature Not Verified ... Rules, 1955 provides that the Specified Officer, shall have the power which are vested in the Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters:- "a) Discovery and inspection; b) enforcing the attendance of winess ... Rule 11 of Rules, 1955 prescribes the procedure before Specified Signature Not Verified Officer and its powers for hearing the election petition and aforesaid rule makes provision that every election petition s....
that Ajeet may be asked to come to Banswara where he respondent wife did not behave properly when they went In defence, the respondent wife examined
Besides, considering the nature of the document which was a deed of gift and even assuming that no pleading is filed specifically denying the execution of the document by the executant and, therefore, there was no mandatory requirement and obligation to get an attesting witness examined but still the ... SM.Ranjan Bala Dasi and others, [2023 SCC OnLine SC 255], wherein it was held that: “14. ... Muthusamy and Others , [2022 SCC OnLine Madras 4229] also held in a similar manner that: “28. ... Of course the plaintiffs #HL_....
Then accused peitioner was examined under Section 313, Criminal Procedure Code He did not produce any winess in defence. Learned Magistrate after hearing both the paries convicted and sentenced the accused petitioner as stated above. On appeal, the said convicion and sentences were maintained. ... The learned Magistrate framed charge under the said sections agains the petitioner vide order dated 2-1-94 who denied his indictment and then prosecution examined as many as 11 witnesses in support of is case. ... P.1 bears the signatu....
The learned Magistrate framed charge under the said sections agains the petitioner vide order dated 2-1-94 who denied his indictment and then prosecution examined as many as 11 witnesses in support of is case. Then accused peitioner was examined Under Section 313, Cr. P.C.. ... P. 1 bears the signature of the accused petitioner but it does not bear the initial of Trilochan Singh in between ‘A’ to “B’. ... He did not produce any winess in defence. Learned Magistrate after hearing both the panes convicted and sentenced the....
These analyses would become possible only vis-a-vis an original signature; and the signature mark, on a Xerox copy of a document can never constitute the basis.” 5. ... The learned counsel for revision-petitioner would submit that the respondent/petitioner/plaintiff did not take any steps to get original of the photocopy filed in the Court to send the original to the Expert for comparison of the handwriting and signatures available on a photocopy cannot be made by an ... State Of Andhra Pradesh, 2021 SCC OnLine AP 3670 ....
Some discrepancies are bound to take place if a witness is cross-examined at length for days together. In the case of State of Uttar Pradesh Vs. Krishna Master and Anothers,2012 12 SCC 324, it has been held by Hon'ble Apex Court that a rustic winess, who subjected to fatiguing, taxing and tiring cross-examnation for days together, is bound to get confused and make some inconsistent statements. Therefore, the discrepancies noticed in the evidence of a rustic witness who is subjected to gruelling cross-examination should not be blown out of proportion.
He deposed that after taking meal, we had slept in the house. 16. Shankarlal Pal (PW-10) is another alleged eye-winess who is the sadu bhai (brother-in-law) of the appellant. He was present at the time of the incident in the house and he was also sleeping in the same room.
PW-13 Arjun is a witness of seizure memo (Ex.P.16) of axe. PW-12 Prempal Singh is a formal winess who had registered Ex.P.15. He does not appear to be reliable witness because of many inconsistencies in his statement. PW-11 Amba Lal is also a formal witness of memos of arrest of accused-appellants.
The Investigating Officer gets the signature of the de facto complainant in the Police Station. The next Expert is P.W.17 who has compared the signature found in the Power of Attorney with that of the Bank specimen signature and also the signature obtained by the Investigating Officer.
Jha get the same verified vis-a-viz signature on the order sheet and in case further evidence is required same be also taken for the said purpose and submit its report within next two months before this Court qua the acceptance of said objection as noted in the order sheet. Such disputed question of fact at the first instance cannot be adjudicated by this Court and it would be much more appropriate that the court wherein Rent Case No. 4 of 1989 is pending is directed to get the matter examined by taking sample signature of K.C. Report in question be sent in sealed cover bef....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
