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ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 3, 45-- Expert opinion - Expert opinion cannot be considered in isolation of other evidence on record - It cannot be sole basis of either decreeing or dismissing suit...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Expert opinion - In absence of expert appearing in witnesses and being subjected to cross-examination his report alone cannot be treated as evidence much less an opinion evidence...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Expert opinion - Comparison of signatures - If two sets of signatures are sent to an expert and his opinion is obtained, though it may be in the nature of opinion evidence, yet it will be one more additional piece of evidence, which may be of considerable assistance to Court not only in assessing..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Expert opinion - Comparison of signatures - Contract of sale - Suit for specific performance - Plaintiff is making a request to send vakalat and written statement containing signatures of defendant and also contract of sale said to be containing signatures of defendant to an expert - It is not for..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 75(e)-- Expert opinion - Comparison of disputed signatures with admitted signatures - If Scientific Investigation is going to help in extracting the truth and determining the controversy raised in the dispute before the Court, then such an investigation could be permitted - Basic idea is whether such..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Succession Act, 1925, Section 42, 43, 44, 45, 46, 47, 48-- Distribution of property - Order of priority - When intestate has not left behind any lineal descendant and has only kindred, nearer kindred excludes distant kindred...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Succession Act, 1925, Section 33, 35, 45, 48-- Intestate succession - Husband and wife jointly purchased suit property - Each of them therefore, hold equal share in entire property - Wife died leaving behind her husband and sister/kindred - There are no lineal descendants - Since husband has already half share in property and he being husband..........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Opinion of handwriting expert - Seeking opinion of handwriting expert is right to defend - Any order rejecting such request to refer any document for examination by an expert for his opinion which is a step in aid of his defence amounts to the deprival of the right conferred..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Second expert - Report of CFSL - Private expert examined to rebut the report of CFSL - Report of CFSL prevails over the report of private expert - Only the report of another CFSL can possibly rebut said report...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Expert opinion - Not substantive evidence - Court is not bound to accept Expert's evidence - Experts evidence be analysed along with other evidence on record that is of a substantive character - Moreover, Court is expert of experts and no expert evidence can tie down the hands of Court...........

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