what are the different ways of proving the signature and handwriting of a person? Discuss upon the rules as to notice to produce a document.

(1) Introduction

According to Qanoon-e-Shahadat Order, if a document is alleged to be signed or to have been written wholly or in part by any person, signature or handwriting of so much of such document as is alleged to be in that person’s handwriting must be proved to be in his/her hand writing. In fact, some modes or ways have been explained to prove signature and handwriting of that person, who is alleged to have signed or written that document, which is produced.

(2) Different Ways of Proving Signature & Handwriting of Person

Followings are different ways to prove signature and handwriting of person

  • (i) Person, who signed or wrote
  • (ii) Person in whose presence document was signed or written
  • (iii) Handwriting expert
  • (iv) Person, who is acquainted with handwriting
  • (v) Comparison of disputed signature or handwriting with admitted signature or writing
  • (vi) Admission
  • (vii) Statement of deceased professional scribe
  • (viii) Signature at request
  • (ix) Circumstantial evidence

(i) Person, Who Signed or Wrote

One way of proving signature or handwriting is calling of that person, who signed or wrote some document.

(ii) Person in Whose Presence Document Was Signed or Written

Other mode of proving signature or handwriting is calling of that person in whose presence some document was signed or written.

(iii) Handwriting Expert

Another way of proving signature or handwriting is called of Handwriting Expert.

(iv) Person, Who Is Acquainted With Handwriting

Person, who is acquainted with handwriting of that person, who is supposed to have signed or written some document, can be called to prove  signature and handwriting.

(v) Comparison of Disputed Signature Or Writing With Admitted Signature Or Writing

Signature or handwriting can be proven by comparing disputed signature or writing with admitted signature or writing. However, such comparison should be made in court.

(vi) Admission

Signature or handwriting can be proved by proof of admission of that person, who is alleged to have signed or written some document, that he/she signed or wrote it.

(vii) Statement of Deceased Professional Scribe

Signature can be proved by statement of some deceased scribe that signature on some document is that of particular person.

(viii) Signature at Request

Making of signature can be proved if it is shown that it has been made by some person at request of another person.

(ix) Circumstantial Evidence

Signature or handwriting can also be proved through other circumstantial evidence.

(3) Rules about Notice To Produce Document

Following points are important for explanation of those rules, which are about notice to produce document:

  • (i) Giving of notice
  • (ii) Cases in Which Notice Is Not Required

(i) Giving of notice

Here following points are important:

a. Notice before production of secondary evidence

When secondary evidence of contents of documents is to be given according to Article No. 76 of Qanoon-e-Shahadat Order, it is necessary that notice to produce document should have been previously given.

b. Who should give notice?

Such notice should be given by that party, who proposes to give such secondary evidence.

c. To whom notice should be been given?

Such notice should be given to either of followings:

c-1 Advocate

Party in whose possession or power document is

c-2 Law

Such notice should be given as is prescribed by law.

c-3 Court

If no such notice is prescribed by law, then such notice should be given as court considers reasonable under circumstances of case.

(ii) Cases in Which Notice Is Not Required

In following cases, no such notice is required to render secondary evidence as admissible evidence

a. Notice

No such notice is required when document, which is to be proved, is itself a notice.

b. Knowledge of adverse party

No such notice is required when adverse party must know from nature of case that he/she will be required to produce document.

c. Possession of original document by fraud or force

No such notice is required when it appears or is proved that the adverse party has obtained possession of original document by fraud or force.

d. Production of original document

No such notice is required when adverse party or his/her agent has produced original document.e.

e. Admission of loss of document

No such notice is required when adverse party or his/her agent has admitted loss of document.

f. Person, who is out of reach of process of court

No such notice is required when person, who is in possession of document, is out of reach of process of court.

g. Person, who is not subject to process of court

Court No such notice is required when person, who is in possession of document, is not subject to process of court.

(4) Conclusion

To conclude it can be stated that Qanoon-e-Shahadat Order has, in fact, provided no way or mode for proving signature or handwriting of that person, who is alleged to have signed or written some document. However, judiciary has recognized different ways or modes for this purpose. An important point about such modes or ways is that they are not exhaustive. Therefore, it has been recommended that other ways or modes, which law recognizes, can be used too.

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