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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.Kumarappan, Anita Sumanth
Andromeda Fashions Limited – Appellant
Versus
Samir Suri – Respondent
JUDGMENT :
ANITA SUMANTH, J.
The challenge is to an order passed in three applications on 28.03.2024. The appellant is the plaintiff in C.S.No.536 of 1999 and the applicant in the applications. The prayers in the applications are as follows:-
A.No. 974 of 2024:-
Application praying that this Hon’ble Court be pleased to pass an order to initiate contempt proceedings against the 1st Respondent for wilfully using false signatures in affidavit in A.No 5583 of 2022 in C.S No 536 of 1999.
A.No 975 of 2024:-
Application praying that this Hon’ble Court be pleased to pass an order to send the signatures of the deponent found in ANo 5583 of 2022 in C.S No 536 of 1999 for comparison by a competent handwriting expert with the signatures of the deponent found in the rejoinder affidavit o the 1st Respondent in A.No 5583 of 2022 in C.S No 536 of 1999 and the signatures of the 1st Respondent found in the deed of relinquishment dated 08.02.2017 registered as document no 506 in the office of the Sub-Registrar V (1) New Delhi and to obtain a report based on such examination.
A.No 976 of 2024:-
Application praying that this Hon’ble Court be pleased to pass an order to compare the signatures of the deponent fo
Fraud must be supported by substantial evidence indicating intentional deception; mere discrepancies in signatures without further proof do not suffice for contempt or forgery claims.
Expert opinion – Power to seek expert opinion under Section 45 of Evidence Act, 1872 is discretionary and depends on facts of each case – Courts can refuse expert opinion only when no doubt exists re....
A party seeking to send a document for expert comparison must provide authentic documents containing admitted signatures; failure to do so results in dismissal of the application.
The main legal point established in the judgment is that the discretion to allow or reject belated applications under Sec. 45 of the Indian Evidence Act lies with the Court, and no hard and fast rule....
The validity of handwriting expert opinions in signature verification hinges on the availability of reliable, contemporaneous signatures from the defendants for comparison.
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