Showing : 1-10 of 379 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 45-- Expert opinion - Disputed signatures - Comparison of signatures with signatures which were subsequent to the filing of suit except one signature on a written statement in a prior suit - Not a valid basis of comparison - It casts a serious doubt on the reliability of entire report - Report..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 45-- Expert opinion - Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature - It may not be safe to solely rely upon such evidence - Court may seek independent and reliable corroboration in the facts of a case - Generally, mere expert..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Signatures admitted - Comparison of writing on the body of cheque - Not permissible - Fact that body of cheque is not filled up by the drawer of cheque is totally immaterial in a trial for offence u/s 138 of the Act - Dismissal of application calls for no interference...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 45, Constitution of India, 1950, Article 20-- Voice sample - Consent given for taking voice sample sought to be withdrawn on the ground that at the time of giving consent he was misled and that it would amount to compelling him to be a witness against himself which is not permissible - Apart from a bald statement of being misled, there is no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 45, 138-- Expert - Application for cross-examination of fingerprint expert/witness on the report - Witness was never appointed U.O.26.R.9 CPC, therefore witness cannot be termed to be a Commissioner, otherwise, expert is only a witness and Ss.45, 138 of the Act would apply - Since witness was never examined..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Sending three cheques for handwriting expert - Accused neither in cross-examination of complainant nor in his own examination u/s 313 Cr.P.C had come out with any concrete defence which he is now trying to built upon and under the pretext he is requesting to transmit cheques..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A, Evidence Act, 1872, Section 45-- Appointment of Advocate Commissioner - Comparison of signatures on documents in question and sending same to an expert - Purpose of appointment of Advocate Commissioner is only to get photographs of signatures contained in documents and to send it for expert opinion - Documents in question are..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 45-- Verification of revenue stamps affixed on pronote and receipt - Plea that revenue stamps were not in existence at the time when pronote is alleged to have been got thumb marked - Order declining application set aside - Controller, Government Press Nasik to send the report on verification to trial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 65B, 45-- Electronic record - Admissibility - Compact Disc (CD) - Petitioner seeks to rely upon data recorded on a CD without there being any evidence regarding source from which it is recorded - In absence of said source i.e DVR and also evidence to the effect that same was being maintained regularly and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Comparison of signatures by handwriting expert - Plea of forged signatures raised in cross examination of complainant and in statement u/s 313 Cr.P.C. - Accused permitted to get his signatures examined by handwriting expert...........

Showing : 1-10 of 379 Results