BANDARU SYAMSUNDER
Velineni Veeraiah – Appellant
Versus
Nallabothula Mohan Kumar Dharma – Respondent
JUDGMENT
1. This Civil Revision Petition is filed by the 1st petitioner/defendant under Article 227 of Constitution of India against the orders passed by the learned Senior Civil Judge, Chirala in I.A.No.134 of 2014 in O.S.No.74 of 2009 dtd. 12/8/2014 where in and whereby learned trial Judge dismissed the petition filed by the petitioner No.1 under Sec. 45 of Indian Evidence Act and refused to send suit promissory note to Hand writing expert Mr.Ashok Kashyap for comparison of age of ink.
2. The case of petitioner No.1/Defendant No.1 before the Trial Court in brief is that respondent has filed suit against him basing on promissory note. He submits that respondent has examined PWs 1 and 2 and his evidence was closed and thereafter suit was coming for his side evidence. As he pleaded in his written statement that PW2 was running Finance Company at Chirala and one Katta Suri Babu, who is working as IV-Class employee in V.S.R and Y.R.N.College approached Finance Company for a loan to meet publication expenses of the book, for which PW2 insisted the said Suri Babu to get third party surety and thereafter at the request of said Suri Babu he stood as surety and PW2 advanced Rs.40, 000.00 to
The main legal point established in the judgment is that when a government expert has already stated that it is not possible to ascertain the age of the ink, and the party seeking expert opinion can ....
The determination of the age of ink used in disputed documents through forensic methods is currently unfeasible, and applications for such must be timely and relevant; otherwise, they may be dismisse....
The discretion of the court to seek expert opinion on disputed signatures is upheld, regardless of time gaps between signatures on different documents.
The Court held that there is no time limit for filing applications under Section 45 of the Indian Evidence Act and that the decision to refer documents for expert opinion is left to the discretion of....
The absence of contemporaneous admitted signatures renders a request for handwriting analysis of disputed signatures unjustified, emphasizing the burden of proof on the petitioner.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.