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lakshmi   01 May 2017

False and fabricated evidence and false statements in court

Sir, we lost our case in district sessions court due to false and fabricated documents submitted by defendants. Due to lack to proper legal guidance having all required genuine documents we failed to prove due to lack of support from our attorney.

Now we are appealing the case in high court. Please help me how to prove the fingerprints and signature of the vendor in sale deed which is genuine but the lower court failed to notice and believed wrong statements and passed preliminary decree?.

1, what is the process to prove fingerprint(left thumb impression of the vendor on sale deed ? can we do it privately or need to ask the court to send to the forensic department ?

2. How to prove signature of the deceased vendor on sale deed which is genuine ?. Handwriting expert opinion can we take privately or court should order ?. 

3. how to report about false and fabricated evidences submitted by ex party in court hearings?.



Learning

 3 Replies

Laxmi Kant Joshi (Advocate )     01 May 2017

For your both the points you can made the request before the court for forensic investigation .

lakshmi   01 May 2017

Thanks for answering the above questions. Currently our case in high court/appellate court do high court will order for forensic investigation or they will send the case to trail/sessions district court. We need to prove few other evidences also in trials which we missed in earlier while case was in session court.

Please let me know how we can convince high court to send the case to session district court to allow us to prove the evidences?. 

adv.raghavan (Advocate,9444674980)     06 May 2017

Now you are in appeal, generally in appeal question of law will be given more importance than question of fact, in your case if you feel the trail court failed to appreciate evidences properly ask for denove trial,it is difficult preposition but try to impress upon the high court for the same. 


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