Court Can’t Compare Disputed Signatures With Admitted Ones By Mere Glance, Must Record Analysis Of Characteristics: P&H High Court

The Punjab and Haryana High Court has said that though Section 73 of the Indian Evidence Act empowers a court to compare the disputed signatures with the admitted signatures but the same cannot be done on a casual perusal or a mere glance, particularly without even recording an analysis of the characteristics of the admitted signatures as compared to those of the disputed one.

The observation was made by Justice Harkesh Manuja while relying on the Supreme Court’s decision in Thiruvengada Billai Vs. Navaneethammal and another, in the judgment on a property dispute case from Amritsar.

The execution of agreement to sell dated 12.12.1988 as well as the receipt of earnest money, and other subsequent documents were in dispute in the case.

Justice Manuja said there is no doubt about the proposition of law to the effect that under Section 73 of the Indian Evidence Act, 1872, the Court can take upon itself to look into the document and compare the disputed signatures with the acknowledged signatures.

“Having said that, though Section 73 of the 1872 Act empowers the Court to compare the disputed signatures with the admitted signatures, however, the same cannot be done on a casual perusal or a mere glance, particularly without even recording an analysis of the characteristics of the admitted signatures as compared to those of the disputed one.”

The court said no such exercise of comparing the characteristics of the disputed signatures with the acknowledged signatures was carried out by the first Appellate Court. “In the absence thereof, the findings recorded by the first Appellate Court as regards the signatures of appellant/ defendant on the documents/ agreement in question, based upon mere self perusal, is set aside,” it added, while allowing the appeals.

Senior Advocate Sumeet Goel, Advocate Sumeet Jain and Advocate Shivam Kaushik represented the appellant.

Advocate Rajinder Sharma represented the respondent

Title: Vijay Kumar Aggarwal versus Khushal Singh

Citation: 2023 LiveLaw (PH) 47

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