Handwriting Sample--Refusal of--Adverse Inference Impermissible Without Prior Disclosure of Purpose of Comparison
Invocation of Section 73 of the Indian Evidence Act, 1872, for obtaining handwriting samples requires prior disclosure of purpose to the parties. Without such disclosure, refusal to provide a handwriting sample cannot justify an adverse inference. Drawing adverse inference against a party for reluctance in giving handwriting, without informing her that it will be used for comparison, violates principles of natural justice and procedural fairness.
