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    <title>1998 (3) TMI 712 - GUJARAT HIGH COURT</title>
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    <description>Section 73 of the Evidence Act permits a court to compare disputed handwriting or signatures with admitted or proved writing, but the power must be exercised with caution. A finding of authorship should not rest solely on the court&#039;s own unguided comparison, especially where no expert opinion was obtained, no specimen handwriting was produced, and the genuineness of the alleged admitted writings was not reliably proved. Unsupported conjecture and reliance on an untrustworthy witness cannot cure the deficiency in proof. The impugned findings based on bare comparison were therefore held unsustainable, and the matter was remanded for fresh decision with directions to obtain expert evidence or otherwise properly prove the handwriting.</description>
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    <pubDate>Thu, 26 Mar 1998 00:00:00 +0530</pubDate>
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      <title>1998 (3) TMI 712 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=302914</link>
      <description>Section 73 of the Evidence Act permits a court to compare disputed handwriting or signatures with admitted or proved writing, but the power must be exercised with caution. A finding of authorship should not rest solely on the court&#039;s own unguided comparison, especially where no expert opinion was obtained, no specimen handwriting was produced, and the genuineness of the alleged admitted writings was not reliably proved. Unsupported conjecture and reliance on an untrustworthy witness cannot cure the deficiency in proof. The impugned findings based on bare comparison were therefore held unsustainable, and the matter was remanded for fresh decision with directions to obtain expert evidence or otherwise properly prove the handwriting.</description>
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      <pubDate>Thu, 26 Mar 1998 00:00:00 +0530</pubDate>
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