Evidence Act, 1872, Section 73 -- Two document experts examined - One of experts being a renowned examiner and another Government examiner - Opinion of both experts showing disputed signature to be forged - Opinion based on sound reasons - Court discarding expert's opinion and in its place substituting its own opinion - Reasons assigned also not sustainable - Findings..........
Evidence Act, 1872, Section 73 -- Disputed signature - It is not essential that handwriting expert must be examined to prove or disprove disputed signature - Court can form its own opinion by comparing the disputed signatures with the admitted signatures - Where trial Court has based its conclusion solely on its own opinion arrived at as result of such comparison, it..........
Evidence Act, 1872, Section 73 -- Comparison of signature, writing - Held, The Court should not normally take upon itself the responsibility of comparing the disputed signatures with that of the admitted signature or hand writing - In the event of slightest doubt, leave the matter to the wisdom of experts - This does not mean that the Court has no power to compare the..........
Evidence Act, 1872, Section 73, 45, 47 -- Signature in Urdu - Comparison by Court - Trial Judge not mentioning that he is conversant with Urdu language or that he has expertise in comparing such signatures either due to qualification, experience or due to any other reason - Comparison by Court not legal...........
Evidence Act, 1872, Section 73 -- Disputed writing - Opinion of handwriting expert - Court not to mechanically send disputed writing for opinion of the hand-writing expert - Court is to be satisfied that prima facie case has been made out for sending the disputed writing or signature to the expert - Court should not reject an application for expert's opinion on the ground..........
Evidence Act, 1872, Section 73 -- Disputed signature - A Judge should not take upon himself the task of comparing the admitted signature/writing with the disputed one to find out whether the two agree with each other and the prudent course is to obtain the opinion and assistance of an expert - In the instant case single Judge of the High Court proceeded to compare the..........
