26 October 2020


Judgments

High Court of Judicature at Hyderabad for Telangana and Andhra Pradesh

Koya Lalitha Kumari and Ors. v. Polina Nageswara Rao and Ors.

MANU/AP/0400/2015

10.04.2015

Law of Evidence

Document proved in Court as executed by a party does not require handwriting expert opinion

Once a document is proved in the Court to have been executed, or a signature appended is proved to have been truly signed by the party concerned, it is not mandatory to obtain an opinion from a handwriting expert. The High Court noted that since the Petitioner was accused of changing the way in which she affixed her signature, nothing would be gained by the Court securing her signature and comparing it with the fraudulent ones found. It urged that courts must form their own independent opinions, after giving appropriate weight to the opinion of an expert.

Relevant

Budumuru Vijayanandh vs. Potnuru Bhagyalakshmi MANU/AP/0449/2004
The State of Bombay vs. Kathi Kalu Oghad and Ors. MANU/SC/0134/1961

Tags : signature expert opinion mandatory evidence

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