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1 - 6 of 6 (0.23 seconds)Bande Siva Shankara Srinivasa Prasad vs Ravi Surya Prakash Babu And Others on 18 December, 2015
In Bande Siva Shankara Srinivasa Prasad
(supra), the full bench formulated the following issues :
Janachaitanya Housing Ltd. Rep. By Its ... vs Divya Financiers, A Proprietorship ... on 31 March, 2008
"15. We accordingly answer the reference as
under: It is essentially within the judicious discretion of
the Court, depending on the individual facts and
circumstances of the case before it, to seek or not to
seek expert opinion as to the comparison of the disputed
handwriting/signature with the admitted
handwriting/signature under Section 45 of the Indian
Evidence Act, 1872. The Court is however not barred
from sending the disputed handwriting/signature for
comparison to an expert merely because the time gap
between the admitted handwriting/signature and the
disputed handwriting/signature is long. The Court must
however endeavour to impress upon the petitioning party
that comparison of disputed handwritings/signatures with
admitted handwritings/signatures, separated by a time
lag of 2 to 3 years, would be e desirable so as to
facilitate expert comparison in accordance with
satisfactory standards. That being said, there can be
hard and no fast rule about this aspect and it would
ultimately be for the expert concerned to voice his
conclusion as to whether the disputed
handwriting/signature and the admitted
handwriting/signature are capable of comparison for a
viable expert opinion. The view expressed by the
Division Bench in Janachaitanya Housing Limited v.
Divya Financiers (supra), as to the stage of the
proceedings when an application can be moved by a
party under Section 45 of the Indian Evidence Act, 1872,
continues to hold the field and there is no necessity for
this Full Bench to address that issue."
The Indian Evidence Act, 1872
P.Padmanabhaiah vs G.Srinivasa Rao on 7 December, 2016
13. The relevant part in Para 7 in P.Padmanabhaiah
(supra), reads as under :
Pulipaka Rasgana vs Yarra Anuradha Naidu on 31 March, 2023
In Pulipaka Rasgana, (supra) this Court, after
considering the full bench judgment, also observed that there can be
no hard and fast rule about sending signatures for comparison and it
would ultimately be for the expert concerned to voice his conclusion
as to whether the disputed handwriting/signature and the admitted
handwriting/signature are capable of comparison for a viable expert
opinion.
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