How to prove handwritten and signed documents which are denied.
Querist :
Anonymous
(Querist) 11 August 2011
This query is : Resolved
dear sir,
in a suit filed by me with at least of 10 , 15 samples of letters and envelopes which have been signed or handwritten the defendant has outright denied these documents.
my query is how does one prove these documents under the indian evidence act.
as a retired banker when we suspected forgery we gave to handwriting expert who came out with reasoned onionions
my lawyer states that handwriting experts give diffferent opinions and that should not be our option.
he says he shall try to prove the documents through cross examination.
i seek the following advice.
1. there are at least 15 docs filed which have the handwriting of the dee\fendants. would it be possible for the handwriting expert to camoflauge reports and give misleading reports.
2. do courts have a panel of handwriting experts of repute or do they refer documents to the govt handwritingt agencies where standards of fauirness are correct.
3. does the court rely on the report of a handwriting expert or does it on objection raised appoint another expert to go into it.
4. there are at least four letters with envelopes in the handwriting of defendant no1 with registered cover stamps , postal marks written to me. do these have better evidentiary value despite being denied by the defendant.
the letters are crucial for evidence and it is a must for me to establish the genuiness of these letters written.
what are the options available to me
vinay kala
aug 11,2011
Advocate Rajkumarlaxman
(Expert) 11 August 2011
Please send me the reply of this query as i would be interested in knowing the details in this regard.
M/s. Y-not legal services
(Expert) 11 August 2011
Am waiting for some senior's reply.. I can answer now. Even i am just await for clear my self also. Then i will..
Querist :
Anonymous
(Querist) 12 August 2011
thanks sir will send copy once i get a reply from a senior.
but how to send it please explain.
vinay kala aug 12
Dr V. Nageswara Rao
(Expert) 12 August 2011
1. By the admission of the party who is the executant under S. 18. For instance, if A alleges in a suit that a promissory note was written by B and B admits that the handwriting or signature on the promissory note was his, that will be sufficient proof of the execution. Though, under S. 17, an admission can be oral or written, under S. 22 an oral admission as to the contents of the document is not permitted unless (a) the party proving the document shows that he is entitled to prove them by secondary evidence or (b) the genuineness of the document is in question. Similarly, S.22A provides: “Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question”. Hence, in the above example, if B denies that the document was written or signed by him, A cannot prove the contents of the document by the oral admission by B. S. 65(b) requires that the admission must be a written one. Under S. 70, admission by the party of the execution by himself, dispenses with the proof of its attestation. Under S. 58 “Facts admitted need not be proved”, but the Court in its discretion may require that the facts admitted be proved otherwise than by such admission at the proceeding.
2. By person acquainted with handwriting: Under S. 47, “When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.” Under the Explanation to S. 47, a person is said to be “acquainted with the handwriting”:
(i) If “he has seen that person write”. Such a person can be one who was personally present when the document was signed or written. In Fakhruddin v. Madhya Pradesh , it was held that the evidence of the person who has seen a person write is a witness giving direct evidence and no other evidence would be necessary. Or
(ii) An attesting witness under S. 68.
(iii) “when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person.” Thus, if a businessman has written letters to another businessman and in turn received replies from him, the former is said to be acquainted with the latter’s handwriting. Or
(iii) “when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.” Suppose, the office note written by a Section Officer is habitually submitted to the Secretary of the Government Department concerned, the latter is said to be acquainted with the former’s handwriting.
3. Handwriting Expert’s evidence under S. 45.
4. Court’s Comparison under S. 73.
Querist :
Anonymous
(Querist) 12 August 2011
dear sir,
while you have given a large amount of information i , being a novice, would like to have your condensed opinion on the following query:-
2.my brother , who has now encorached on my property for which i seek possession, had earlier written to the mcd, new delhi in 1997 that the property on whom he has encroached belonged to me.
3. he sent a copy of the letter to mcd with the original registered post receipt to me.
4. i fileed this document which is denied by the defendant.
i also have the envelope through which he had sent the signec copy of letter to mcd with the original registered receipt.
my query is :
in the cross examination of me, as a witness can i produce this original envelope to prove that the letter was sent to me, the signature of which has been denied by the defendant.
what view would the court normally take?
would it accept the document as proved ?
vinay kala aug 12,11
prabhakar singh
(Expert) 12 August 2011
Dr V. Nageswara Rao has already placed the relevant provisions on record so i need not repeat them.
NOW ANSWERS TO YOUR QUESTIONS
1.ON DENIAL,IN CIVIL CASES PARTY PRODUCING THE DOCUMENTS HAVE TO PROVE IT,HENCE IT IS THE PARTY WHO APPLIES FOR HAND WRITING EXPERT
OPINION.
THE OPPOSITE PARTY WHO HAVE DENIED ALSO PROCEED FOR HIS EXPERT OPINION IN REBUTTAL.
SO BOTH EXPERTS GENERALLY GIVE OPINION IN FAVOR OF THE PARTY WHO ENGAGED HIM UNLESS TWO OPINIONS ARE IMPOSSIBLE. HANDWRITING OPINIONS ARE NOT EXACT SCIENCE.
WHEN THERE ARE TWO OPINIONS ,IT IS SUPPOSED COURT ITSELF TO BE THE EXPERT BEST EXPERT WHICH GENERALLY AGREE WITH ONE OF THE OPINION .
GENERALLY THERE ARE NO PANEL OF EXPERTS,ONE IS AT FREEDOM TO ENGAGE HIS OWN EXPERT.
ADVISE: ON THE BASIS OF FACTS GIVEN BY YOU I OPINE THAT YOU MUST PROCEED FOR HANDWRITING EXPERT OPINION TO DISCHARGE YOUR INITIAL BURDEN OF PROOF .ORAL EVIDENCE OF NON EXPERT WITNESSES ACQUAINTED WITH YOUR DEFENDANTS' SHOULD BE USED FOR CORROBORATION AS COURT WILL NOT CALL FOR ON ITS OWN ANY EXPERT OPINION IN A CIVIL CASE.
prabhakar singh
(Expert) 12 August 2011
AFTER POSTING ANSWER TO YOUR FIRST QUERY I SAW A SECOND ONE FROM YOU, I HOLD MY OPINION STILL VALID AND TO YOUR ADDITIONAL QUERY MY ANSWER IS:
my query is :
in the cross examination of me, as a witness can i produce this original envelope to prove that the letter was sent to me, the signature of which has been denied by the defendant.
what view would the court normally take?
would it accept the document as proved ?
ANSWERS: the original should already be on record,and yes ,you can confront him in cross as desired by you.
Look !the burden of proof in civil cases is kind of a shifting wheel running all the time during evidence and finally when evidence is concluded,the burden of proof looses its importance as at then the entire evidence is before the court adduced by parties hence the court decides and form views evaluating possibilities in entire facts and circumstances.So a civil case is always based on probabilities brought before court by parties.
Querist :
Anonymous
(Querist) 12 August 2011
THANKS SIR
FOR THE QUICK RESPONSE
VINAY KALA
Advocate. Arunagiri
(Expert) 12 August 2011
You can call for the any other documents created by the same person.
or / and
You pray the court to take sample handwriting of that person.
Now send both the documents for forensic lab, for comparison.
The expert who is giving the opinion is a witness to strenthen his opinion.
Querist :
Anonymous
(Querist) 12 August 2011
thanks sir
vk
