Missing signatures on an agreement

x (Querist) 18 March 2012 This query is : Resolved
If a photocopy of an agreement is produced in court and on certain pages of the agreement, there is signature of only one party. Is it true that conditions on the page that has only one signature can be challenged and ignored by the court?

Thanks in advance

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Raj Kumar Makkad (Expert) 18 March 2012
Photocopy of any document is not admissible in evidence so no subsequent question arise in the given case.

s.subramanian (Expert) 19 March 2012
It is not always that a photostat copy inadmissible. The Madras High Court has taken a view more than once that such evidence is admissible on the proof of the genuineness of the same. In your case, the said document seems to be inchoate and as such the same cannot be admitted in evidence a t all. The court cannot ignore such an important defect in the document which goes to the very root of its truth and genuineness.

x (Querist) 19 March 2012
Thanks Mr. Makkad and Mr. Subramanian. I would deeply appreciate if I can have names of some judgements regarding the above rulings.

Nadeem Qureshi (Expert) 19 March 2012
yes, I agree with experts

V R SHROFF (Expert) 20 March 2012
It is in Evidence Act itself.
no need for citation. Xerox copy cannot be exhibited.

Guest (Expert) 20 March 2012
Missing signature of any one party on intervening pages raises a doubt about the replacement of such pages by the other party. So, genuineness is evidently a must to be proved.

R.K Nanda (Expert) 20 March 2012
Copy of a document has no legal value and it

is not admissible in evidence in court as

per Evidence Act.

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