Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of handwriting on kacha parchies (slips) - Person whose handwriting is sought to be compared neither complainant nor accused - Specimen handwriting of person who has appeared in the witness box as a witness only, cannot be directed to give specimen handwriting...........
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 68, 69 -- Will - Attestation - If a document is required by law to be attested then it shall not be used as evidence until one attesting witness has been examined before Court for proving its execution if he is alive and capable of giving evidence - However, where no attesting witness can be found, then propounder of Will is bound to prove the..........
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 -- Handwriting and fingerprint expert - Petitioner was granted numerous opportunities including last and final opportunities, but failed to conclude his evidence - Consequently, his evidence was closed by Court and said order was never challenged by petitioner before any Court - Same amounts to waiver of right - Therefore, subsequent..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Second handwriting expert - Report of Forensic Expert on record and not set aside - Application dismissed by holding that there is no necessity to send signatures for comparison to another Forensic Expert - Order upheld...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Suicide note - Deceased in her death note described in detail about ill treatment meted by appellant soon before her death which squarely attracts S.498-A IPC - Handwriting found on the death note is proved to be that of person who has written admitted handwriting - Prosecution was successful in proving that death note is..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff in rebuttal evidence was allowed to examine handwriting expert - Plaintiff got receipt examined from handwriting expert - Now he is required to prove the same - Such evidence could be..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Demand and acceptance - Tehsildar on whose behalf alleged bribe was being demanded was not prosecuted due to want of sanction - This casts serious doubt on the narrative of prosecution regarding appellant acting as a conduit for a public servant - Complainant turned hostile and did not support case of..........
