Evidence Act, 1872, Section 73 -- Signatures - Comparison by Court - Court can compare the disputed writings with the admitted writing for coming to a conclusion with regard to the genuineness or otherwise - As a matter of prudence, Court should not assume the role of a Handwriting expert...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Expert - Examination in rebuttal - Will - Initial onus to prove on plaintiff is discharged on examination of scribe and attesting witnesses - Examination of an expert in the first instance is not essential - If the defendant examines a handwriting expert, plaintiff can well take it that onus again shifted on him to rebut..........
Evidence Act, 1872, Section 45 -- Expert opinion - Conflicting opinion - One of the experts had been held to be not competent to speak about the handwriting or the finger prints by Court in an earlier decision - Held, his report is liable to be rejected...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Examination of expert in rebuttal evidence - One attesting witness examined by plaintiff - Second attesting witness appeared as a witness of the defendant and denied his signatures on the attestation of the document - Plaintiff wanted the signature of the second attesting witness to be examined by a..........
Evidence Act, 1872, Section 45 -- Comparison of signatures by an expert - Application rejected on the ground that Court itself is competent to verify signatures and that handwriting expert is not needed - Rejection of application on such ground amounts to denying party his right to lead evidence - Order of Court is liable to be set aside in revision. (Civil Procedure Code,..........
Evidence Act, 1872, Section 73 -- Handwriting - Comparison - Opinion by Court that signature on document in question was plaintiff's signature - Court not discussing any other evidence on the point and basing his opinion solely on his own comparison - Not proper...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Document expert sought to be examined - Pleadings raised a specific controversy with regard to forgery of documents - Defendants cross-examined all witnesses of plaintiff and handwriting expert produced by them - Defendants also examined their own witnesses and voluntarily closed the evidence -..........
Evidence Act, 1872, Section 90 -- Documents thirty years old or more - No witness need be called to prove its execution or attestation and Court may presume that it has been signed or written by person whose signature it bears or in whose handwriting it purports to be - This presumption is available to original document and not to copy thereof - Production of certified..........
Evidence Act, 1872, Section 45, 46 -- Opinion of Handwriting Expert that agreement of sale does not bear signatures of vendor - Overwhelming evidence proving execution of agreement of sale - Opinion of Handwriting Expert of no value - Court justified in rejecting opinion of Expert...........
Evidence Act, 1872, Section 45, 46, 3, 73, 114 -- Evidence of Handwriting Expert - Should not be acted upon without substantial corroboration - Approach of Court should be one of caution - Reasons for opinion should be carefully probed and examined - All other relevant evidence must be considered...........
