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july 2009

Supreme Court of India · 2009-07-29

G. Someshwar Rao vs Samineni Nageshwar Rao & Anr

Citation / case number
AIR 2009 SC (SUPP) 2050
Court
Supreme Court of India
Petitioner
G. Someshwar Rao
Respondent
Samineni Nageshwar Rao & Anr
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's application for sending a disputed pronote and cheque for handwriting examination under Section 45 of the Indian Evidence Act, 1872. The Court found that the High Court correctly determined that the evidence presented did not sufficiently challenge the execution of the documents in question, and the application was deemed a tactic to delay proceedings. Consequently, the Court affirmed the lower courts' decisions, emphasizing the need for clear denial of execution for such applications to be entertained.

G. Someshwar Rao vs Samineni Nageshwar Rao & Anr · Niyam