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Things speak for itself, doctrine of res ipsa Loquitor


AIR 2007 SC 2967

Para 7: A perusal of the judgment of the First Appellate Court dated 29.6.1988, copy of which is Annexure-P2 to this appeal, shows that it has been recorded therein that Chacko was not having sound mind when he executed Ext. A3, which is established from Ext.A4 which is the medical certificate. He was treated from 11.8.1983 to 14.8.1983 in Mental Hospital, Trichur for Alcoholic Psychosis. This is a finding of fact which could not have been interfered with by the High Court in Second Appeal. Moreover, it is established from the facts that one cent of land was sold for Rs. 18000.00 on 4.9.1982 vide Ext.A2, while 10 months thereafter three cents of land was sold for only Rs. 1000.00. This corroborates the finding of the First Appellate Court that Chacko was not of sound mind at least at the time when he executed the sale deed dated 11.7.1983. If one cent of land costs Rs. 18000.00 then three cents of land should ordinarily cost Rs. 54000.00. No one in his senses would sell property worth Rs. 54000.00 for Rs. 1000.00. According to the well known Latin maxim 'res ipsa loquitur' i.e. the matter speaks for itself.


AIR 1999 SC 2222

Para 5: These established circumstances stated above, clearly show that the signature on Exts. C-1, C-2 and C-4 were that of the appellant himself. Moreover, during the course of hearing of the case, we ourselves examined and compared the admitted signature of the appellant with that of Ext. C-4 leaving nothing to chance lest any injustice is caused to the appellant. On comparison, we found striking similarity between the admitted signature and that of the disputed one and there is no reason to doubt the genuineness of the signature on Ext. C-4. The circumstances established in the present case speak for themselves and candidly point out towards the misconduct committed by the appellant. When the established circumstantial evidence is so patent that it leads to only one conclusion that the signature on Ext. C-4 was not forged; there was no need for an opinion of a handwriting expert. We are, therefore, satisfied that the established circumstantial evidence as well as the documentary evidence in the present case show that the allegations of the complainant were well substantiated and in such circumstances of the case, the Bar Council of India was justified in declining to summon a hand-writing expert for finding out the genuineness of the signature on Ext. C-4.


Sandeep Jalan

Advocate

https://vakeelkanumber.com/


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