SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Cal) 388

SHAMPA SARKAR
Ananta Kundu – Appellant
Versus
Dilip Upadhyay – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sk. Md. Galib, Mr. Swarvanu Saha, Ms. Nandini Chatterjee, Mr. Rudraksha Chattopadhyay
For the Opposite Party : Mr. Rudraksha Chattopadhyay, Sk. Md. Galib, Mr. Swarvanu Saha, Ms. Nandini Chatterjee,

JUDGMENT :

Shampa Sarkar, J.

In Re. CO 2770 of 2022

1. The revisional application being CO 2770 of 2022, is directed against an order dated July 26, 2022, passed by the learned Civil Judge (Junior Division), Additional Court, Krishnagar, Nadia, in Title Suit No.384 of 2017.

2. By the order impugned, the learned court rejected an application filed by the defendant under Section 45 of the Indian Evidence Act, 1872 (hereinafter referred to as the said Act), seeking identification of the signature/hand-writing of the defendant on the AD card by comparison with other admitted signatures of the defendant, by a handwriting expert. The application was filed on July 12, 2022.

3. The learned court rejected the said application on the ground that there was no need to refer the signature of the defendant to an expert for identification, as the court being an expert of all experts, could compare the admitted undisputed signatures of the defendant available in the record with the signature on the AD card.

4. The court held that a bare perusal of the handwriting of Dilip Upadhyay and comparison of the same with the admitted signatures appearing in the written statement, affidavit-in-chief, etc., would

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top