Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Experts and courts recognize that opinion based solely on Xerox copies lacks reliability, and expert comparison is only valid with original signatures, especially when signatures are disputed or contested ["Dali Rajamma VS Dali Srinivasa Reddy - Andhra Pradesh"], ["V.DHAKSHINAMOORTHY vs V.BHARATHI - Madras"], ["M/s New Era Education Society vs Mrs. V. Saraswathi - Telangana"], ["Neera Agarwal VS Mahender Kumar Agarwal - Andhra Pradesh"].
Analysis and Conclusion:
References:- ["Dali Rajamma VS Dali Srinivasa Reddy - Andhra Pradesh"]- ["V.DHAKSHINAMOORTHY vs V.BHARATHI - Madras"]- ["M/s New Era Education Society vs Mrs. V. Saraswathi - Telangana"]- ["Mekapothula Venkateswarlu VS Rachabanti Krishna Murthy - Andhra Pradesh"]- ["Bhupesh Agrawal vs S M Chaudhary - Madhya Pradesh"]- ["V.DHAKSHINAMOORTHY vs V.BHARATHI - Madras"]
In legal disputes involving document authenticity, a common question arises: is it necessary to summon an expert when signatures on a document are in Xerox form? Photocopies or Xerox copies of signatures often spark debates over genuineness, especially in cases of forgery allegations or contract enforcement. While expert opinions seem intuitive, Indian courts have consistently ruled that they are not always obligatory. This blog post delves into the nuances, drawing from key judgments and legal principles under the Indian Evidence Act, 1872.
We'll explore why courts prioritize their own assessments, the limitations of Xerox-based comparisons, and when experts might still play a role. Whether you're a litigant, business owner, or curious reader, understanding this can save time and costs in court.
Courts recognize that expert comparison is valuable but not obligatory, particularly for signatures on photocopies or Xerox copies. The primary assessment of genuineness can rely on the court's own comparison, with expert opinion serving as advisory evidence subject to judicial scrutiny and corroboration. Perumallapalli Subhasekhar VS Namburi Mukherji Victor - 2023 0 Supreme(AP) 1582
This stance balances efficiency and justice, avoiding unnecessary delays from expert summons.
Section 45 of the Indian Evidence Act allows opinions from handwriting experts, but these are opinion evidence, not conclusive. Courts must examine them alongside reasons provided and other proof. As noted, the opinion of an expert is not the final say and court is always empowered to examine the veracity of the opinion given by an expert in the light of the reasons assigned. Perumallapalli Subhasekhar VS Namburi Mukherji Victor - 2023 0 Supreme(AP) 1582
Expert evidence should be corroborated by the court's comparison or additional facts, ensuring it's not blindly accepted.
Xerox copies are mechanical reproductions prone to distortion, blurring, or alteration. Courts caution against sole reliance on them: comparison based solely on Xerox copies is impermissible because of the possibility of alteration or distortion during copying. MRUTYUNJAYA SAHOO VS SANTILATA SAHOO ALIAS DAS - 2005 0 Supreme(Ori) 128
Supporting this, other precedents emphasize originals for reliable analysis. For instance, While sending a document to an expert, the original of the same has to be sent since it is not possible to compare the xerox copies with the other admitted documents. V.DHAKSHINAMOORTHY vs V.BHARATHI Similarly, examination carried out by an expert must be based upon the original document, rather than examining the xerox copy of the same. Ajay Kumar A. K. A. Ajeet Talreja vs Ranjeet Rai - 2025 Supreme(Online)(MP) 9326
However, if originals are unavailable, courts may proceed cautiously with copies, prioritizing their own visual inspection.
Judges are empowered under Section 73 of the Evidence Act to compare disputed signatures with admitted or proved ones. This involves analyzing characteristics like stroke patterns and pressure. G. Someshwar Rao VS Samineni Nageshwar Rao - 2009 5 Supreme 674 The court stated, the court can compare the disputed writing of a person with others which are admitted or proved to be his writing, and that such comparison depends on an analysis of the characteristics in the admitted or proved writings.
In another ruling, courts affirmed this when expert input is absent: Fakhruddin VS State Of M. P. - 1966 0 Supreme(SC) 338Whitemen Constructions Pvt. Ltd. VS Tammana Lakshmi Kalyani - 2024 0 Supreme(AP) 1500. Even in cases like E. U. Sathiyanesan VS A. J. Sathiyanesan - 2019 Supreme(Mad) 2100, where Xerox of a registration copy was involved, the court allowed photographic comparison via an Advocate Commissioner rather than removing originals, noting admitted documents could suffice if undisputed.
Several judgments reinforce flexibility:
Burden of Proof and Available Signatures: In a Section 138 Negotiable Instruments Act case, the court rejected summoning bank staff for specimen signatures when others were available, directing comparison with existing ones: When the signatures are already available before the Court, there is no necessity to summon... Babulal Surana VS T. P. Selva Rayan - 2014 Supreme(Mad) 2406. The burden lies on the party alleging forgery to prove it, often via court-directed comparisons.
When Experts Are Warranted: If signatures are disputed and complex, courts may order forensic evaluation. In a forgery suit, the High Court quashed a trial court's refusal, directing documents to the Forensic Science Laboratory (FSL): referencing Sections 45 Evidence Act and Order 18 Rule 17 CPC. Sanjeev Malhotra VS Molina Batra - 2023 Supreme(Del) 2455
Xerox vs. Originals Debate: While some cases insist on originals Debasis Saha VS Basudev Saha - 2017 Supreme(Ori) 983, others note scientific advancements allow Xerox or carbon copies if visible: due to development of science, the Xerox copies and the carbon copies of the documents can be sent for the opinion of handwriting expert... Yet, petitioners argued copies aren't ideal.
Simple Signatures Exception: For uncomplicated signatures with admitted samples, expert referral isn't needed: Where the signature is not a complicated one... it is not necessary to send it to the handwriting expert. Shriram Transport Finance Company Limited Formerly known as Pioneer Overseas Finance Ltd. VS Raju Naidu Ginning & Oil Mills Rep. by its Partner R. Bala Sundaram - 2012 Supreme(Mad) 1629
These cases highlight context matters—disputes under probate, eviction, or cheque bounce often turn on available evidence.
To navigate Xerox signature disputes effectively:- Produce Authentic Comparators: Submit contemporaneous admitted signatures for reliable court or expert review. Whitemen Constructions Pvt. Ltd. VS Tammana Lakshmi Kalyani - 2024 0 Supreme(AP) 1500- Request Court Comparison First: Courts prefer their own assessment before experts, saving resources.- Seek Expert Only if Needed: Ideal for complex forgeries or when courts deem it essential, ensuring originals or clear copies. Sanjeev Malhotra VS Molina Batra - 2023 Supreme(Del) 2455- Exercise Caution with Copies: Highlight potential distortions; bolster with witness testimony or other proof.
Courts advise: Courts should exercise caution and not treat expert opinion as conclusive, especially when Xerox copies are involved, unless corroborated. Perumallapalli Subhasekhar VS Namburi Mukherji Victor - 2023 0 Supreme(AP) 1582
In summary, summoning an expert for Xerox signatures is not an absolute necessity. Courts' inherent powers under Section 73, coupled with Section 45's advisory role for experts, provide flexibility. While originals are preferred and experts aid in doubtful cases, judicial comparison often suffices, as affirmed across precedents like State VS Pali Ram - 1978 0 Supreme(SC) 289.
Key Takeaways:- Rely on court's comparison for efficiency.- Use experts judiciously, with supporting evidence.- Always prioritize authentic documents.
Disclaimer: This post provides general insights based on Indian legal precedents and is not specific legal advice. Consult a qualified lawyer for your case, as outcomes depend on facts and jurisdiction.
For more on evidence law, stay tuned to our blog!
#XeroxSignatures #HandwritingExpert #IndianEvidenceAct
Further, there can be effective comparison and verification of the signatures, if only another document containing the undisputed signatures of the contemporary period are made available to the expert. ... It is rather incomprehensible that an expert would be able to undertake analysis of the imprint of a signature, on a Xerox copy.5. ... These analyses would become possible only vis-a-vis an original signature; and the signature mark on a Xerox copy of a do....
While sending a document to an expert, the original of the same has to be sent since it is not possible to compare the xerox copies with the other admitted documents. ... The plaintiffs are permitted to take the document to an expert to be compared with the admitted signature on the settlement deed dated 26.04.1979. After taking necessary precautions and following the principles set out by this Court in the case of S. Chinnathai vs. K. C. ... the Forensic Expert for c....
When a document is sent to an expert it should be sent only to the Government Department Expert and not to a private Expert. While sending a document to an expert, the original of the same has to be sent since it is not possible to compare the xerox copies with the other admitted documents. ... The civil Court shall exercise under Order 26, Rule IOA of the Civil Procedure Code even when a prayer is sought for a direction to summon the expe....
Nagar, Hyderabad, of the year 1992 and it is also not possible to summon the said document since there is no clarity from the petitioners thereby not inclined to allow the petition to summon the documents from Andhra Bank, S.R. Nagar, Hyderabad, and M/s. ... As the originals are stated available neither in the custody of the plaintiff nor in the custody of the defendants, but with third party and once it is necessary from the availability for comparison that too when it is not the contest of the defendants that those #HL....
For the purpose of summoning report of expert, it is necessary that document must be original because the petitioner submitted the photocopy of the document hence, in my opinion the trial Court has rightly rejected the application of the petitioner. ... The First Appellate Court has rightly observed that no reliance can be placed upon the report of document expert since the signatures could not be compared from the photostat copy.” ... State of M.P. reported as 2018 ....
The petitioner, who is facing proceedings under Section 138 of the Negotiable Instruments Act, before the trial Court, is aggrieved over the dismissal of the petition to summon the Manager/Staff of the Bank of India, Kodambakkam Branch, Chennai, to produce specimen signature and xerox copy of the specimen ... When the signatures are already available before the Court, there is no necessity to summon the Manager/Staff of the Bank of India, Kodambakkam Branch, Chennai, to produce the documents. The said reasonings cannot b....
Further, there can be effective comparison and verification of the signatures, if only another document containing the undisputed signatures of the contemporary period are made available to the expert. ... Velaga Veerabhadra Rao2 wherein it was held that whenever a party disputes the signature on a particular document, two remedies are open to him, either to request the Court to compare the signatures or to file an application to send the document to the exp....
Molina Batra" whereby the learned Trial court has dismissed an application filed by the petitioner seeking permission of the learned Court to summon the handwriting expert to lift the admitted and questioned signatures of the respondent on the agreement to sell and the other admitted documents already ... On that basis, learned counsel submits that there is no necessity of directing lifting of the said signatures to be sent to be examined by the handwriting expert. 15. ... Learned counsel submits that t....
It is further stated that the opinion of an expert is not perfect science and is not substantiate evidence or conclusive proof and requires corroboration and that no purpose would be served by sending the document to an expert, and also that Court can compare the available signatures with the disputed ... Nextly, he submitted that the Court has jurisdiction to examine the disputed signatures, on its own, as per section 73 of the Indian EVIDENCE ACT , and therefore, no purpose would be served by sending ....
For the purpose of summoning report of expert, it is necessary that document must be original because the petitioner submitted the photocopy of the document hence, in my opinion the trial Court has rightly rejected the application of the petitioner. ... State of M.P. reported as 2018 SCC OnLine MP 1839 wherein it was observed that examination carried out by an expert must be based upon the original document, rather than examining the xerox copy of the same. "29. .......
Secondly, the original Will is not produced by the plaintiff. Stating that what was called for is only a registration copy of the Will it is contended that Xerox copy of the document containing the signature cannot be sent for expert opinion for comparing the signatures found in another document. The learned counsel also submitted that the application filed by the plaintiff for getting expert opinion by sending the original documents, is not maintainable, as this Court in several cases consistently held that original documents cannot be removed from the custody of the Court....
On the other hand, Mr. Mohanty, learned counsel for the opposite parties, states that due to development of science, the Xerox copies and the carbon copies of the documents can be sent for the opinion of handwriting expert, as they are equally visible to the naked eye as that of the originals. Mr. Bhuyan, learned counsel for the petitioner, states that the signatures available on Xerox copies and carbon copies of certain documents cannot be sent to handwriting expert because they are copies of the original documents. In order to prove the case of the opposite parties that t....
In the instant case the executor first relied upon a private report submitted by Purushottam Chatterjee, the expert who alleged to have compared the signatures appearing in the purported will with the signatures appearing in the terms of the settlement executed in the year 1960 (Exhibit C). The said report is marked as Exhibit ‘D’ and this Court, therefore, feels to narrate the observations recorded therein for the simple reason that the said expert subsequently opined just opposite to the earlier report. It is opined by the said expert that the signatures appearing in the aforesai....
It is not necessary for them to state on the document that they put their signatures in presence of the testator. Signatures of witnesses at the end or somewhere on the instrument are sufficient to show, without any explanation, that the witnesses put their signatures by way of saying that they had seen the document being executed and had received an acknowledgment.
During the course of evidence, the defendant has denied the signature in one document. Where the signature is not a complicated one, warranting the assistance an expert and in the availability of admitted signatures it is not necessary to send it to the handwriting expert. Petition has been filed in C.M.P.591 of 2010 seeking to refer Ex.P4 and Ex.P26 to Forensic Department for comparison of signature.
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