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1 - 10 of 11 (0.50 seconds)Section 45 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Evidence Act, 1872
Shashi Kumar Banerjee & Ors vs Subodh Kumar Banerjee Since Deceased & ... on 13 September, 1963
We may particularly refer to the decision of the
Constitution Bench of this Court in Shashi Kumar Banerjee
(supra), where it was observed that the evidence of a
handwriting expert can rarely be given precedence over
substantive evidence. In the said case, the Court chose to
disregard the testimony of the handwriting expert as to the
disputed signature of the testator of a Will, finding such
evidence to be inconclusive. The Court instead relied on
the clear testimony of the two attesting witnesses as well as
the circumstances surrounding the execution of the Will.”
Palaniammal W/O Nallusami vs Palaniswami on 28 July, 2003
In the above decision, the learned Judge has specifically
observed that though the trial Court has invoked Section 73 of the Indian
9/18
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)No.1434 of 2019
Evidence Act and compared the signatures, there is no bar or ban for the
Appellate Court sending the documents for getting the expert opinion.
N.Chinnasamy vs P.S.Swaminathan on 29 August, 2006
12. The learned counsel appearing for the revision petitioner has
also relied on the decision of another learned Judge of this Court in
N.Chinnasamy Vs. P.S.Swaminathan reported in 2006 (4) CTC 850,
wherein, the learned Judge, after referring various decisions, has listed out
the principles that have emerged and the learned counsel appearing for the
revision petitioner has mainly relied on the following principles,
“32. From the above judgments, the following principles
have emerged:
Chennadi Jalapathi Reddy vs Baddam Pratapa Reddy (Dead) Through ... on 27 August, 2019
15. At this juncture, it is necessary to refer the Full Bench judgment
of the Hon'ble Supreme Court in Chennadi Jalapathi Reddy Vs. Baddam
Pratapa Reddy (Dead) through Legal Representatives and another
reported in 2019 (14) SCC 220, wherein, the Hon'ble Apex Court has also
referred to the decision of the Constitution Bench in Shashi Kumar
Banerjee Vs. Subodh Kumar Banerjee reported in AIR 1964 SC 529 and
the relevant passages are extracted hereunder:
Bande Siva Shankara Srinivasa Prasad vs Ravi Surya Prakash Babu And Others on 18 December, 2015
7. The learned counsel appearing for the revision petitioner has
relied on the Full Bench Judgment of the Hyderabad High Court in Bande
Siva Shankara Srinivasa Prasad Vs. Ravi Surya Prakash Babu and
others reported in 2016 (2) MWN (Civil) 1,
“We accordingly answer the reference as under :