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MADRAS HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Signature on cheque not disputed - Presumption is that such signature has been assigned only after knowing the contents...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Rebuttal - Loan of Rs.25 lacs - Complainant himself was in debt - No evidence produced to prove financial viability of complainant to raise such huge amount - Conviction of accused merely because he admitted his signature on disputed..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Evidence Act, 1872, Section 45, 73-- Disputed handwriting - Court has power to compare the disputed signatures with the admitted signatures - However, as a matter of extreme caution, Court should not normally take upon itself the responsibility of comparing the disputed signatures with that of the admitted signature or handwriting..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Petitioner after receiving legal notice on account of cheques issued by him were dishonoured had not disputed the averments made by respondent that dishonoured cheques had been issued by him - Revision/petitioner had sent his reply admitting liability and asking only the copy..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Evidence Act, 1872, Section 45, 73-- Comparison of signatures - Handwriting expert - Whenever the signature on the document is disputed, the party who is disputing the signature may make an application u/s 45 of Evidence Act to send the document to the expert for comparison - Normally, the application is allowed as the opinion of..........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Misutilisation of blank signed cheque - Sending cheque to handwriting expert - Admission of signature in cheque is not equivalent or synonymous with admission of execution - Magistrate directed to forward the cheque to expert for comparison if accused wants the admitted..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151-- Additional Evidence - Agreement to sell - Defendant denied execution of agreement - Plaintiff closed his evidence - One of the issues ' whether the agreement is forged, bogus and fabricated ? OPD' - Application by plaintiff for examining handwriting expert to give his report on signatures of..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of Cheque - Signature on cheque denied from the very beginning - Comparison of signatures - Comparison of signatures by Bank Manager - Bank Manager though by practice is experienced to compare the signatures but be cannot be said to be handwriting expert with necessary expertise - Cheque..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Evidence Act, 1872, Section 47 - Dishonour of cheque - Expert opinion - Signature on cheque disputed - Court undertook exercise of naked comparison of signatures of accused on cheque with other admitted signatures and came to conclusion that signature on cheque does not appear to be signature of..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68-- Will - Execution and proof - Testator a Senior Lawyer - Will scribed by his junior, who is also one of the attesting witnesses - Both the attesting witnesses fully supported the Will by stating all the necessary facts - Nothing abnormal or unnatural in the Will - Signature of the testator on the..........

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