Thursday, March 17, 2016

Section 47 Indian Evidence Act

IEA 47 : Section 47 of the Indian Evidence Act:

Opinion as to handwriting, when relevant.—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. Explanation.—A person is said to be acquainted with the handwriting of another person when he has seen that person write, or 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, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him. Illustration The question is, whether a given letter is in the underwriting of A, a merchant in London. B is a merchant in Calcutta, who has written letters addressed to A and received letters purporting to be written by him. C is B's clerk, whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising him thereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write.

[ 47A Opinion as to [electronic signature] when relevant .—When the Court has to form an opinion as to the [electronic signature] of any person, the opinion of the Certifying Authority which has issued the [Electronic Signature Certificate] is a relevant fact.]

India's Important Case Laws and Landmark Judgments on IEA - Section 47 Indian Evidence Act 1872:
Bakaram Jangaiah And Others vs Gunde Laxmamma (Died) By Lrs. on 24 July, 1998 - Andhra High Court 
J. & K. Board Of School Education vs Prem Kumar on 11 February, 1986 - Jammu & Kashmir High Court 
Jayalakshmi Ammal vs K. Lakshmi Iyengar on 11 March, 1992 - Madras High Court 
K.M. Ramakrishne Godwa vs Senior Assistant Commissioner on 21 October, 1990 - Karnataka High Court 
Kashful Huda vs Additional District Judge on 28 October, 2002 - Allahabad High Court 
Miss Hardevi Malkani vs State And Anr. on 12 September, 1967 - Allahabad High Court 
R.Balasubramaniam vs The Inspector Of Police on 24 February, 2015 - Madras High Court 
State vs Brij Mohan on 21 December, 1984 - Delhi High Court 
Mohammed Yusuf And Anr. vs D. And Anr. on 14 July, 1961 - Bombay High Court 
The Public Prosecutor, High Court vs P. Subhash Chandra Reddy on 13 March, 2003 - Andhra High Court 

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