acknowledging party's signature, not in original but carbon
Anil Kr Garg
(Querist) 06 April 2010
This query is : Resolved
I am defending a case where I bought several appliances from one shop and paid for them. Seller claims to haven sold one more appliance which I never bot. He claims to have delivered to my watchman and shows some signatures on delivery challan to be my watchman. He doesn't have my signatures anywhere, for order or for delivery EXCEPT that he has produced on carbon copy of INSTALLATION CERTIFICATE with my signatures in carbon only. I never signed any such certificate because the appliance was never INSTALLED but I think he must have taken my signatures for INSTALLATION of some other appliance and kept a carbon copy underneath for a different appliance altogether.
He has convinced court for accepting carbon copy as evidence. My problem is, it is falsely showing that the disputed appliance was acknowledged by me, to have been installed in my house.
There must be some way to convince court that at least signature has to be in original and a carbon signatures should not accepted as evidence, because a carbon signature definitely shows that the person whose signatures are shown to court, may have never seen this particular document and may have signed on first copy and there might be difference between the first copy which a person signed, and second carbon copy which is presented to the court.
Pls give me specific legal authority to approach court. My advocate does not have much idea about it.
Raj Kumar Makkad
(Expert) 06 April 2010
There are various citations in favour of this established law that such type of evidence is not a reliable piece of evidence and no reliance can be put to it.
