Hand Writing Experts` Opinion
Section 73 Evidence Act
The hand writing expert though gave opinion to the effect that signature of the executant of the alleged Bainapattra and the admitted signatures of the defendant were not similar, but both the Courts below, on meticulous examination of the hand writing experts report discarded the same as not acceptable assigning cogent reasons. We find that the Courts of fact rightly rejected the hand writing experts report assigning valid reasons….28 BLC (2023) (AD) 161
Section 73, Evidence Act
Section 73 of the evidence act empowers the court to compare the disputed signature, writing or seal which have been admitted or proved. A court may rely upon its own comparison of the signature writing or seal unaided by expert evidence…. 11 BLC (2006) (HC) 228
Section 45, 73 Evidence Act
It is always open to the court to decide as to whether it should itself compare the questioned signature or handwriting to come to a decision or send the same for an expert opinion….. 56 DLR (2004) (HC) 364
Ref: 37 DLR AD 205= 1985 BLD AD 172, 6 MLR AD 122, 54 DLR AD 26, 4 BSCR 457, 1 BLT AD 46, 49 DLR 241
Section 73, Evidence Act Court is competent to compare handwriting and give opinion…… 15 DLR (1963) (WP) 93
Section 73 Evidence Act, Order XLI, Rule 27 CPC Appellate Court can obtain opinion of handwriting expert under order 41, rule 27 instead of remanding the case to trial court for the purpose ..... 26 DLR (1974) (HC) 70
Section 73, Evidence Act
Law prescribes for comparison of disputed signature or writing although the method can be opined inconclusive or hazardous in the fact of a case, provided the court does it. ........ 10 BCR (1990) (HC) 346
Section 73 Evidence Act
Report of expert alone does not prove the case of either party ........19 BLT (2011) (HC) 327
Section 73 Evidence Act
In view of the provision of section 107 (2) of the code the High Court Division was competent to compare the signature of the defendant in the Bainapattra with his available signatures and as such was in error in sending back the case for the said purpose to the trial court… 56 DLR (2004) (AD) 117
Section 73 Evidence Act
Comparison of disputed handwriting and signature by court not a safe course
........14 MLR (2009) (HC) 317
Section 73 Evidence Act
The court being expert of all experts and the court itself is quite competent to compare the disputed signature with the admitted one…… 26 BCR (2006) (HC) 7
Section 73 Evidence Act
Though the court is empowered to compare disputed handwriting and thumb impression with admitted ones, the safe course is to get those documents compared by handwriting or thumb impression expert instead of resorting to compare itself. ........ 16 MLR (2011) (HC) 332
Section 45, 73, Evidence Act
Comparison of thump impression ..........19 BLT (2011) (HC) 568
Section 73, Evidence Act
Court itself competent to compare a disputed hand writing or signature of a person with his admitted writing or signature to come to a conclusion….. 37 DLR (1985) (AD) 205
Section 73 Evidence Act
The expert opinion is not a conclusive evidence which enable the court come to conclusion, though the said opinion is not binding upon the court. The court itself can compare any signature any signature any signature or LTI of any concerned person u/s 73 of the evidence act and come to a conclusion .........33 BLD (2013) (HC) 248
Section 73, Evidence Act
Expert opinion is not conclusive evidence to a court
.........21 BLT (2013) (НС) 432
Section 73 Evidence Act, Order 41, rule 33 CPC
Appeal is a continuation of original suit and appellate court has similar power like that of the trial court and the appellate court in appropriate cases can obtain additional evidence to come to a correct decision. By taking opinion of the handwriting expert, the appellate court did not exceed its jurisdiction ........... 13 ALR (2018) (2) (AD) 71
Section 73, Evidence Act
Expert's opinion is not a conclusive evidence which enable the court to come to a satisfactory conclusion, though the opinion is not binding upon the court. The court itself can compare any signature….. 66 DLR (2014) (HC) 122
Ref: 19 BLT 568, 37 DLR AD 205, 45 DLR 279, 19 DLR 188
Section 45, 73 Evidence Act
When a party raises a question about the genuineness of a document and alleges the creation of a document by forgery, then it is the duty of the court below to consider the aforementioned allegation made properly by obtaining an expert opinion on those allegations…. 20 BLC (2015) (HC) 350
Section 73, Evidence Act
The court may not insist for expert's opinion, but where the evidence adduced before court is not sufficient for proving a disputed signature or document the court should obtain experts opinion….35 BLD (2015) (AD) 9
Section 73 Evidence Act
Section 73 of the act empower the court to compare any signature or LTI of any concern person by it is better to rely on expert's opinion in a case of LTI…. 20 BLC (2015) (HC) 719
Section 73 Evidence Act, Order 41, rule 23 CPC
The disputed signature of the defendant no I in the alleged Bainapattra should be examined and compared with some admitted signature of the defendant by a hand writing expert and for this purpose the suit should be sent back on remand to the appellate court below…… 20 BLC (2015) (AD) 27
The signature of the defendant on the alleged deed of agreement is found by the hand-writing expert as forged and on comparison of the signature on the alleged agreement with the admitted signature of the defendant the High Court Division rightly found that those were not in the hand of the defendant for which it calls for non interference. Syed Munsif Ali vs Shashanka Mohan Chowdhury &another 3 BLC (AD) 85.
