Sunday, 13 December 2015

Whether contents of a document can be proved by mere identification of signature of person on that document?

Further, it is the case of the appellant
that the aforesaid two letters were given by one Shri M.P.
Agrawal-a former Director of the Respondent No. 1. Shri M.P.
Agrawal has not been produced as a witness so as to establish
that these two letters were in fact given by the Mill Mazdoor
Sabha. Further, in the statement of Mr. Vasant Gupte (PW-2),he has only stated that the letter must have ben sent by theMill Mazdoor Sabha and the post-script might have been
written by Mr. Pathak as it bears his signature. He had not
stated that it was written in his presence. Mere identifying the
signature of Mr. Pathak does not prove the contents of the said
letter which is being relied upon by the appellant. Even if the
two letters viz., Exh. Nos. P-27 and P-28 are taken into
consideration, from a reading of the said letters, it appears
that the contents are contradictory of one another. In the
letter dated 05.12.1977 (Exh. P-27), in the underlined portion
reproduced above, we find that the Mill Mazdoor Sabha had
demanded an option to provide alternate employment and to
pay full compensation to those workers who do not want
alternate employment as per the law. In the note below the
said letter, a mention has been made that a proposal was
given to pay 60 per cent compensation which was not
 In the earlier part of the letter dated 10.01.1978 (Exh.
P-28), it has been specifically mentioned that they do not agree
to the proposed sale and the matter be treated as closed.
However, in the note, it is mentioned that they are agreeable to
the proposal given in the discussion and to the proposed sale.
Letter dated 10.01.1978 is contradictory to the earlier part of
the letter, and therefore, in our considered opinion, the
Division Bench had rightly disbelieved these two letters viz.,
Exh. P-27 and Exh. P-28.

 CIVIL APPEAL NO. 1148 OF 2010
Nandkishore Lalbhai Mehta .... Appellant(s)
New Era Fabrics Pvt. Ltd. & Ors. .... Respondent(s)
CIVIL APPEAL NOs. 1131-1132 OF 2010
Citation;(2015) 9 SCC 755
Read full judgment here; click here
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