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A. BADHARUDEEN
Ramakrishnan, S/o. Koothath Appukutta Gupthan – Appellant
Versus
Unnikrishnan, S/o. Koothath Appukutta Gupthan – Respondent
JUDGMENT :
A. Badharudeen, J.
This Original Petition, has been filed under Article 227 of the Constitution of India, seeking the following reliefs :
(ii) Set aside Exhibit P7 order;
(iii) Grant such other reliefs found just and proper in the facts and circumstances of the case.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent. Perused the impugned order and relevant materials available.
3. The petitioner herein is the plaintiff and respondent herein is the defendant in O.S. No.279/2010 on the files of the Sub Court, Ottapalam. The suit has been filed to realize Rs.2,77,200/- with interest and cost, on the strength of cheque, alleged to be executed by the defendant in favour of the plaintiff. Since the defendant disputed the authenticity of the cheque, the same was forwarded to the State Forensic Science Laboratory. The Scientific Assistant (Documents), Regional Forensic Science Laboratory, Thrissur, as per the report dated 20.10.2014 reported as under :
A party's right to a fair trial includes the ability to challenge evidence through proper legal procedures, particularly concerning disputed signatures in cheque dishonour cases.
The court ruled that additional evidence at the appellate stage is only permitted under exceptional circumstances, emphasizing diligence in trial procedures.
The main legal point established in the judgment is the importance of expert opinions on identity of handwriting and the comparison of signatures, as provided under Section 45 and Section 73 of the I....
The Court reinforced the principle that admitting expert testimony is crucial in disputes concerning the authenticity of wills, particularly for validating signatures and thumb impressions.
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