Evidence Act, 1872, Section 45, 73 -- Provisions of Ss.45, 73 of Evidence Act can only be invoked for an admitted document for the purpose of comparison of signatures or handwriting...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Court can compare handwriting and signatures u/s 73 of the Act without aid of expert...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Disputed signature is of the year 2016 and admitted signatures is of the year 2019 - Trial Court could have summoned some other documents which are admittedly signed by petitioner in the year 2016 or send the available signatures on vakalath and written statement to be compared with disputed signatures -..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures - Defendant disputed her signature on receipt of payment of Rs.25,000/- - In such circumstances, Court did not take any risk of comparing the signature on disputed receipt with any admitted signature of defendant by invoking S.73 of Evidence Act, rather exercised power u/s 45 of the Act seeking..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - In the first place expert opinion should be obtained for assistance, if such an opinion is not available, Court has to compare the disputed writings and come to its conclusion...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Signature on cheque alleged to be forged - Certified copy of specimen signatures maintained by Bank can be procured with a request to Court to compare the same with the signature appearing on the cheque by exercising powers u/s 73 of Evidence Act...........
Criminal Procedure Code, 1973, Section 73 -- Issuance of non bailable warrants for the reason mentioned in final report that accused did not co-operate with investigation during crime stage and that he absconded immediately after the incident - Non bailable warrants issued without issuing summons - Accused expressed his willingness to appear to take bail - An opportunity..........
Evidence Act, 1872, Section 45, 73 -- Handwriting expert - It is never mandatory that a handwriting expert is always appointed by Court only and any party to litigation itself cannot the comparison done through a private expert and prove the report by producing the said expert as witness. ( Para 15)..........
Civil Procedure Code, 1908, Section 73 -- Rateable distribution - U/s 73 CPC what is relevant is rateable distribution which stands for applying equity among DHs by distributing assets/sale proceeds by working out equity based on principles of rateable distribution with rateable sufferance...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Comparison of disputed signatures with admitted signatures, by Court, cannot be done by Court on a casual perusal or a mere glance, particularly without even recording an analysis of characteristics of admitted signatures as compared to those of the disputed one...........
