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As per evidence act on whom burden should be cast


02-Feb-2023 (In Property Law)

I am Disputant, gone to court, my case is that-- (i) Society’s & Comm. members did not hold G.B. meeting dated 30.03.2003 & 04.04.2003; (ii) They forged & fabricated resolution-cum-consent letter of 04.04.2003 (iii) They forged my signature in resolution-cum-consent letter 04.04.2003. Whereas, Opponents (who are defending case) alleged the existence of fact by asserting that-- (a) Society held meeting on 30.03.2003 & 04.04.2003 and executed resolution-cum-consent letter of 04.04.2003. And I signed on that paper. As per S-101 & 103 of Evidence Act on whom burden should be cast?

Answers (1)

Answer #1
439 votes

File an application under Section 340 CrPC for prosecution for providing a forged document before a court of law. Further, you may also apply for the documents to be sent to the Forensic Science Labs for hand writing analysis. As you are the party alleging forgery, the onus would be on you to prove the same.

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