Expert Evidence Should Not Be Given Precedence Over Substantive Evidence, Reiterates SC [Read Judgment]
5 years, 7 months ago

Expert Evidence Should Not Be Given Precedence Over Substantive Evidence, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that expert evidence should not be given precedence over substantive evidence. The trial court refused to rely on expert evidence and decreed the suit of specific performance filed by the plaintiff, while the High Court did rely on it, and dismissed the suit. In appeal filed by the plaintiff, the bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi observed that the Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature it may not be safe to solely rely upon such evidence, and the Court may seek independent and reliable corroboration in the facts of a given case. The court said that, in this case, the testimony of DW­3 can safely be relied upon, and must be accorded similar, if not greater, weight than the expert evidence adduced by the defendants to advance their case.

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History of this topic

Court Doesn't Have Skill, Expertise To Match Signatures In Documents Produced Before It, Should Obtain Handwriting Expert Opinion: Allahabad HC
3 weeks, 1 day ago

Court Doesn't Have Skill, Expertise To Match Signatures In Documents Produced Before It, Should Obtain Handwriting Expert Opinion: Allahabad HC

Live Law  

The Allahabad High Court has held that a court does not have the skill or the expertise to match signatures in the documents produced before it and must obtain the opinion of a handwriting expert instead of perusing them with bare eyes. While dealing with a case of rejection of application for handwriting expert to verify signatures made in Gurumukhi …

S. 45 Evidence Act | Opinion Of Handwriting Expert Must Be Treated With Caution : Supreme Court
3 weeks, 5 days ago

S. 45 Evidence Act | Opinion Of Handwriting Expert Must Be Treated With Caution : Supreme Court

Live Law  

The Supreme Court observed that while expert evidence may not always require corroboration, courts must exercise caution when relying on expert testimony particularly the handwriting expert due to the imperfect nature of the science of identification of handwriting. But, on the facts of a particular case, a court may require corroboration of a varying degree.” “The approach of a court …

Handwriting Experts Cannot Override Oral Evidence in Any Will Deed: HC
11 months, 3 weeks ago

Handwriting Experts Cannot Override Oral Evidence in Any Will Deed: HC

Deccan Chronicle  

Hyderabad: The Telangana High Court upheld the decision of a lower court in declaring that the report of handwriting experts does not override the oral evidence adduced by the attesting witnesses in considering and ascertaining the veracity of such evidence, while dealing with conflict over a will deed. Justice P. Sam Koshy was dealing with a civil revision petition filed …

Bombay High Court Upholds Acquittal In Forgery Case, Says Investigation Defective As No Handwriting Report On Author Or Signatories Of Document
1 year, 11 months ago

Bombay High Court Upholds Acquittal In Forgery Case, Says Investigation Defective As No Handwriting Report On Author Or Signatories Of Document

Live Law  

The Bombay High Court upheld acquittal of five persons in a forgery case citing defective investigation as there was no handwriting expert report regarding the authors of the signature on the forged document. In the facts and circumstances, the possibility of the informant making the signature of Mr Bhalchandra Sarjoshi cannot be ruled out.” The complaint Sharad Bonde, Assistant Registrar …

Handwriting Expert's Opinion Not The Only Mode To Prove Signature And Handwriting : Supreme Court
3 years ago

Handwriting Expert's Opinion Not The Only Mode To Prove Signature And Handwriting : Supreme Court

Live Law  

The Supreme Court observed that opinion of the handwriting expert is not the only way or mode of proving the signature and handwriting of a person.The signatures and handwriting of the person can also be proved under Sections 45, 47 and 73 of the Indian Evidence Act, the court said.In this case, the Orissa High Court quashed the order taking …

When Signature On Cheque Is Admitted Then Question For Appointment Of Handwriting Expert Doesn't Arise: PH High Court
3 years ago

When Signature On Cheque Is Admitted Then Question For Appointment Of Handwriting Expert Doesn't Arise: PH High Court

Live Law  

The Punjab and Haryana High Court recently upheld the view taken by the lower court that when signature over a cheque in question has not been specifically denied then there is no question for the appointment of a handwriting expert to compare the handwriting over the cheque in question.With this, the Bench of Justice Vinod S. Bhardwaj dismissed the plea …

Illegible signatures in some document not a ground to reject Secondary Evidence; Supreme Court [Read Judgment]
9 years, 4 months ago

Illegible signatures in some document not a ground to reject Secondary Evidence; Supreme Court [Read Judgment]

Live Law  

The Supreme Court has held that merely because the signatures in some of the documents were not legible and visible that cannot be a ground to reject the secondary evidence. The court observed that pre-conditions for leading secondary evidence are that such original documents could not be produced by the party relied upon such documents in spite of best efforts, …

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