Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - Court not totally debarred from comparing disputed signatures itself with admitted signatures in cases where disputed signatures were not sent for comparison to Handwriting expert...........
Evidence Act, 1872, Section 45, 47, 73 -- Signatures - Genuineness - Comparison by Court - Court should not decide the dispute on basis of its own comparison of disputed signatures with admitted one, unaided by expert evidence and evidence of attesting witness to execution of promissory note...........
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...........
Evidence Act, 1872, Section 73, 114 -- Signature or writing for comparison - Court has jurisdiction to direct a party to give his signature or writing for the purpose of enabling the Court to compare them with the disputed writing or for sending it to Hand Writing Expert - Non compliance - It is open to the Court to draw a presumption under S.114 of the Evidence Act...........
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...........
Evidence Act, 1872, Section 73, 45 -- Signatures - Comparison of disputed signatures with admitted signatures - Court is competent - Expert's opinion should be obtained as rule of prudence - Court should give cogent reasons for its conclusion - Court should also mention whether the result of its comparison finds support from some evidence, oral or documentary or direct..........
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 -- Two handwriting experts - Giving two diagonally opposed opinions - Court to appreciate evidence on record keeping in view other evidence on that point - Court can compare signatures under S.73 - By mere comparison, Court does not take seat of expert...........
Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - Hand writing expert not examined - Held, resorting to recourse to S.73 by Court should be in extreme cases where there is no other evidence and where ends of justice fail if such a recourse is not taken...........
