Court : Madhya Pradesh Gwalior
Decided on : Aug-04-2011
..... coming to a decision, it may call for the evidence of an expert and in that event, exercise of powers under section 73 of the indian evidence act, 1872 can be invoked. therefore, in order to compare the admitted handwritings with disputed one on the documents to prove whether the documents, i.e., dehati nalishi ..... handwriting for coming to a conclusion and whether the expert's opinion should be obtained for assistance after exercising powers under section 73 of the indian evidence act. (15) it is trite law that a comparison of the disputed with admitted writings is a piece of evidence on record and it is a ..... . sukhdeo singh (air 1992 sc 2100)=1992 air scw 2486,the apex court held:- it was then submitted, relying on s. 73 of the evidence act, that we should compare the disputed material with the specimen/ admitted material on record and reach our own conclusion. there is no doubt that the, said ..... does not mean that the court has not the power to compare the disputed signature with the admitted signature as this power is clearly available under section 73 of the act. (see state (delhi administration) v. pali ram, air 1979 sc 14 : ((1979) 2 scc 158)). (8) in the case of state of maharashtra ..... 3315, the apex court held:- the section does not specify by whom the comparison shall be made. however, looking to the other provisions of the act, it is clear that such comparison may either be made by a handwriting expert under section 45 or by anyone familiar with the handwriting of the person .....Tag this Judgment!