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Author Topic: How do i stamp a E-contract?  (Read 581 times)

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Offline ven28smar

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How do i stamp a E-contract?
« on: July 12, 2016, 07:49:38 AM »
If I had to maintain a completely paperless, digitally-signed agreement, which has to be compulsorily stamped, can i just do with just keeping the receipt of the e-stamp and not signing on it or not printing any part of the agreement on it? As in would the same be legally enforceable?

Offline rajgopal sripathi

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Re: How do i stamp a E-contract?
« Reply #1 on: July 15, 2016, 07:35:31 PM »
Hi
E Contracts are valid now and you just need to keep the receipt of the e-stamp for your records .

The IT Act, also recognizes “digital signatures” or “electronic signatures” and validation of the authentication of electronic records by using such digital/electronic signatures. The Ministry of Communication and Information Technology, Government of India in the “Guidelines for Usage of Digital Signatures in e-Governance” observed that the purpose of a digital signature is the same as that of a handwritten signature, thereby equating this authentication tool at par with a handwritten signature.

E contracts are now well understood and the  following sections of Indian Evidence Act. Sections 85A, 85B, 88A, 90A and 85C deals with the presumptions as to electronic records whereas Section 65B relates to the admissibility of electronic record.

Important judgments in e-contracts

 For instance, in Shakti Bhog Foods Limited vs. Kola Shipping Limited, [AIR 2009 SC 12], the Supreme Court of India held that the existence of an arbitration agreement between the parties can be inferred from a document signed by the parties, or an exchange of letter, telex, telegrams or other means of communication, which provide a record of the agreement.

Similarly, in the case of Trimex International FZE Limited, Dubai vs. Vendata Aluminum Ltd., [(2010) 3 SCC 1], the Supreme Court of India held that the contract between the parties was unconditionally accepted through e-mails and was a valid contract which satisfied the requirements of the ICA. The Court further observed that: “Once the contract is concluded orally or in writing, the mere fact that a formal contract has to be prepared and initialed by the parties would not affect either the acceptance of the contract so entered into or implementation thereof, even if the formal contract has never been initialed.”
Rajgopal Sripathi
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email:rajgopal@legalwin.in

 

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