AI Overview...
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Vakalatnama Not Admissible as Evidence - The scanned copy of a vakalatnama, which is a legal document authorizing a lawyer to represent a party, is generally not considered admissible as evidence in court proceedings unless specific conditions are met. Courts emphasize that vakalatnamas are not public documents and do not fall under the admissibility criteria under Section 35 of the Evidence Act, unless they are duly authenticated or certified (e.g., by a person in charge of a computer system). Additionally, the authenticity and proper execution of the vakalatnama are critical for its acceptance in evidence State Of Bihar VS Radha Krishna Singh - Supreme Court, JOHNSON & JOHNSON Vs PRITAMDAS ARORA T/A M/S MEDSERVE & ANR - Delhi.
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Digital and Scanned Copies of Documents - The law recognizes the admissibility of scanned copies and electronically stored records when properly certified, such as certificates by authorized persons explaining the computer system and the process of record creation. However, mere scanned copies without proper certification are generally not admissible unless they meet criteria for electronic evidence under applicable laws (e.g., Section 65B of the Evidence Act). The courts have held that digital copies can be admissible if they are duly certified and not fabricated Santosh Kumar Paswan VS State Bank of India - Patna.
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Exceptions and Conditions for Admissibility - Certain evidence, including oral testimony or copies of documents, may be admissible if they satisfy standards of reliability and authenticity. For example, in cases involving witness testimony or affidavits, courts scrutinize the evidence thoroughly to determine admissibility, especially when documents are not public or are not originally available Sohan Lal Paliwal VS Amba Lal - Rajasthan, State of Gujarat VS Bilal Ismail Abdul Majid Sujela @ Bilal Haji - Gujarat.
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Legal Precedents and Judicial Viewpoints - Courts have consistently held that scanned or photocopied documents, including vakalatnamas, are not automatically admissible unless they are properly certified or fall within specific exceptions. The emphasis is on ensuring authenticity, proper execution, and compliance with evidentiary requirements to prevent misuse or forgery State of Raj. VS Revti Prasad - Rajasthan, State VS Tr. M. Selvamoorthy - Madras.
Analysis and Conclusion:
A scanned copy of a vakalatnama, without proper certification or authentication, is generally not admissible as evidence in court. While electronic copies can be accepted if properly certified under law, mere scanned images lack the necessary legal standing unless supported by certification and proper procedural compliance. Courts prioritize authenticity and proper execution over mere copies, underscoring that vakalatnamas are not public documents and require stringent proof for admissibility.
Search Results for "Scanned Copy of Vakalatnama is Not Admissible"
2005 0 Supreme(Raj) 2746 • India - Rajasthan
SHIV KUMAR SHARMA
denial of opportunity to adduce additional evidence cannot be urged in second appeal – If no sufficient cause is explained for not ... examine the witness – Proceeded exparte – Filed application under Order 9 Rule 7 for setting aside exparte proceedings – Again not ... Another application was also dismissed – Suit decreed – First appeal also dismissed – Held – Application under Order 9 Rule 7 was not ... Elayalwar (2001 (8) SCC 133, it was held that copy of the true copy of document issued by the RTO pr....
2019 0 Supreme(Raj) 1046 • India - Rajasthan
DINESH MEHTA
Provided further that the concession specified in the second proviso shall not be admissible unless the price is either printed or stamped on the printed book or books as the case may be. 60. ... A scanned copy of the same is pasted below:- p class="MsoNormal" align="center" style="text-align: ... The appellate Tribunal has noticed that the landlord had filed the eviction petition on 30.09.2010 whereafter, petitioner's counsel filed his vakalatnama in the Tribunal on 11.10.2010; it was only o....
2023 0 Supreme(Bom) 738 • India - Bombay
MADHAV J. JAMDAR
That, I had filed vakalatnama in Testamentary Petition fled by Smt. Shanti Sakla viz. Testamentary Petition No. 593 of 2018 and hence, it is my duty to bring to your office notice the said bogus and fraudulent orders. ... (4) I state that I am now in Possession and Power of the Said Oral Judgment dated 09/04/2019 of the Bombay High Court, which is absolutely relevant and admissible to the Subject matter of the Present Suit. ... The scanned copy of said order is reproduced herein-below for ready reference: img src="data:....
2018 0 Supreme(Pat) 1747 • India - Patna
SHIVAJI PANDEY
matter, transactions and accounts therein recorded in every case where and to the same extent as original entry itself is now by law admissible ... certificate by a person in charge of computer system containing a brief description of computer system has to be given and all certified copy ... been taken by Enquiry Officer and relevant facts have not been left out and findings are not perverse – In the event that fair standard ... therein recorded in every case where, and to the same extent as, the original entry itself i....
2022 0 Supreme(J&K) 755 • India - Jammu and Kashmir
SINDHU SHARMA, MOHD. AKRAM CHOWDHARY
the detention order, which was dismissed by the Writ Court on the grounds that he was evading the law and that the petition was not ... It held that the detention order was not justified as the grounds for detention were based on outdated FIRs and lacked a direct link ... If it is, it is admissible and the Court is not concerned with how it was obtained." The House of Lords in a case reported as R.V. ... Yousuf could not have been dismissed on this ground and even in Habeas Corpus matters the law is ver....
1983 0 Supreme(SC) 133 • India - Supreme Court
A.V.VARADARAJAN, S.MURTAZA FAZAL ALI, V.BALAKRISHNA ERADI
J is admissible. ... Ex facie, they are not public documents and are not admissible in evidence under S. 35 of the Evidence Act. ... The evidence of the witnesses must be scanned very thoroughly and according to the standards laid down by the Privy Council and this Court. ... 202. ... The oral testimony of the witnesses on this matter is bound to be hearsay and their evidence is admissible as an exception to the general rule where hearsay evidence is not adm....
2011 0 Supreme(Del) 221 • India - Delhi
KAILASH GAMBHIR
testatorix, signing the Will -- Witnesses also inconsistent as to who reached first and who later -- Held that execution of Will was not ... Ex.PW2/D2 with her admitted signatures on the plaint and vakalatnama filed by her before the learned trial court. ... As regards the latter maxim, the attesting witness must subscribe with the intent that the subscription of the signature made stands by way of a complete attestation of the will and the evidence is admissible to show whether such was the intention or not. ... The con....
2019 0 Supreme(Mad) 3348 • India - Madras
A.D.JAGADISH CHANDIRA
This Court does not find any illegality or perversity in judgment of acquittal - This Court is of the opinion that even by not condoning ... stopped bus and demanded a sum of Rs. 1000/- from complainant as illegal gratification/Mamool alleging that if defacto complainant is not ... respondent/accused - This Court, on a thorough scrutiny of impugned judgment of acquittal, is of considerable view that prosecution has not ... The law of limitation apparently does not apply to the State Government according....
2025 Supreme(Online)(DEL) 819 • India - High Court of Delhi
HON’BLE MR. JUSTICE AMIT BANSAL, J
The scanned copy of records, including purchase order issued by the Lion Heart Surgical Supply LLC to XS Supply, has been exhibited as Exhibit PW 1/28. 14. ... Since the defendants were not responding to their counsel and were not present in court on 27th April, 2022, the counsel for the defendants sought discharge of his vakalatnama and the matter was adjourned to 28th April, 2022. 35. ... been wholly successful; and (iii) Any payment into court or admissible offer to settle made by a....
2017 0 Supreme(Guj) 1723 • India - Gujarat
ANANT S.DAVE, G.R.UDHWANI
an admissible piece of evidence and it is not made before police or any statutory authority of investigating agency, as required ... concerned reliance is pleased on decision reported decided on in reliance is placed – Section 145 of Evidence Act – Operation is not ... be admissible under the aforesaid section. ... But as in respect of any other admissible evidence, oral or documentary, so in the case of confessional statements which are otherwise admissible, the Court has still to con....
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