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.