Document’s Author Need Not Be Examined If Signature Is Not Denied

Case: Star Paper Mills Limited v. Beharilal Madanlal Jaipuria Ltd. And Ors.

Coram: Justices Hemant Gupta and V. Ramasubramanian

Case No.: Civil Appeal No. 4102 of 2013

Court Observation: “The High Court,in the impugned judgment, erred in holding that the appellant had not examined the author of the documents. Such reasoning is absolutely erroneous as in the written statement, the respondents had not denied their signatures on the documents referred to by the appellant but pleaded duress in executing of these large number of documents”

“Therefore, the adverse inference had to be drawn against the respondents rather than against the appellant who are not relying upon the entries in the account books alone to maintain suit but reliance is on the invoices, debit note as well as ST-1 Form which had been issued only after the receipt of goods.”

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Keywords

Document’s Author, Examined Signature