Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Admission of issuance of cheque and signature on cheque - No defence evidence that cheque was issued as security - Evidence led by complainant is sufficient to hold presumption in favour of drawer of cheque - Offence u/s 138 of the Act held, established on record - Impugned order of..........
Indian Penal Code, 1860, Section 399, 402 -- Preparation of dacoity - Accused acquitted u/s 27 of Arms Act - If charge under Arms Act not proved against accused then how can it be said that accused were preparing for committing dacoity with those arms and ammunitions - Even otherwise, recovery memo shows that there is no signature or thumb mark of accused on it - Copy of..........
Evidence Act, 1872, Section 73 -- Comparison of handwriting - Court is entitled to make comparison of disputed and admitted signature for just conclusion but as a rule of prudence expert opinion can be obtained and also that Court can instruct a party to submit his writing or signature, enabling Court to compare and decide a case...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Inspite of availability of expert evidence, Court can also compare signature - Opinion of expert is only a guiding factor and it is for the Court to examine entire evidence on record including evidence of handwriting expert and come to a just conclusion...........
Will -- Execution - Proof - Non availability of attesting witnesses - Will has to be proved in accordance with S.69 of Evidence Act - Propounder has to satisfy two requirements, viz. (i) attestation of one attesting witness at least is in his hand writing; (ii) the signatures of the person executing the document is in the hand writing of that person or in other words,..........
Evidence Act, 1872, Section 65(f), 65(e) -- Secondary evidence - Photocopies of documents - Photocopies exhibited are not public documents - They all are communications between parties and accounts maintained by bank - S.65(e) of the Act thus, not applicable - Though seal and signature of Manager on those photocopies mentioned it as certified copies, in fact it does not..........
Indian Penal Code, 1860, Section 307, 451, 34 -- Attempt to murder - Unless panch witness positively states that he has eye-witnessed the recovery, his mere signature on such recovery panchnama becomes useless in proving the recoveries...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42(1), (2) -- Recovery of 136.1 kg Ganja from accused no.1 - Non-examination of gazetted officer who conducted search would show that best evidence with regard to search conducted by him in terms of S.41(2) of the Act is withheld - Such lacuna in prosecution case cannot be filled up by referring to evidence..........
Will -- Suspicious circumstances - Beneficiary not blood relative - Recital in Will that beneficiary is like his daughter and took care of him like her father - Signatures of testator on admitted documents matched with signatures on Will in terms of characteristics, alignment, line control and so on - One of attesting witness of Will deposed that he saw testator sign the..........
Evidence Act, 1872, Section 73 -- Comparison of signature - Courts to take assistance of experts - S.73 of the Evidence Act does not bar the judge from ultimately deciding whether the signatures are forged or not - Still as a rule of prudence in disputed cases, it is always desirable that Court should secure opinion of quality handwriting expert on the subject - After..........
