Evidence Act, 1872, Section 45, Industrial Disputes Act, 1947, Section 25D, 25F, 25G -- Expert opinion - Industrial dispute - Case of the petitioner before the Tribunal that his services were taken by the respondents under different names and different signatures were taken from him on the payment vouchers - Where there is even slightest of doubt in the mind of the Judge,..........
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..........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures - Trial Court dismissed the application for expert opinion on the ground that power u/s 73 of the Act can be exercised by Court for comparison of signatures - However, Court is also required to ask person to remain present in Court to put signatures/handwriting for purpose of comparing with words or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Re-production of documents for comparing of signatures - Once original documents were produced in preliminary evidence of complainant and opportunity was granted to accused to cross-examine the complainant u/s 145(2) NI Act, then seeking re-production of said documents, more particularly, when those..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - Summons duly served - Burden is on defendant to prove that summons in fact does not contain his signature or that it bears his forged signatures - It was the burden of defendant to lead positive evidence to prove that summon does not bear his signature like, producing..........
Will -- Proof of - Disputed signatures - Comparison of signatures of testatrix on the Will of 1973 with signatures on the document of 1945 - Not permissible, as both the documents were separated by time gap of 28 years - Moreover, two signatures of testatrix were found on the document of 1945 and which of two signatures was used to compare the signatures on Will by First..........
Partition suit -- Family settlement/samjhotanama executed between parties and plaintiff was already compensated for his share - Witnesses to the said document confirmed that they were present when document was executed between parties - No material contradiction emerged from the testimony of witnesses regarding execution of settlement despite of their lengthy..........
Evidence Act, 1872, Section 73, 45 -- Court can compare signatures but Court cannot act as an expert - Court cannot take responsibility of comparing signatures when disputed - Such matters are of intrinsic technicalities requiring technical expertise - Court is not technically trained or qualified to indulge in comparison of hand writing...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Setting aside of arbitral award - Condonation of delay - All the four awards were sent to the appellant by registered post with A/D and presumption is that he was served unless such presumption is rebutted by the appellant - Even, appellant only denied receiving of copy of the award in..........
