Civil Procedure Code, 1908, Section 100 -- Second appeal - Money suit - Trial Court allowed application filed by plaintiff U.O.26.R.10-A CPC to examine signature of defendant by handwriting expert - Defendant did not challenge said order - Since defendant did not challenge said order before any superior Court, she cannot raise plea at the time of second appeal as a matter..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Rajasthan Rent Control Act, 2001, Section 9(A), (I), (E), (F), 21(3), Evidence Act, 1872, Section 45 -- Eviction petition - Tribunal denied to be take documents on record - Since said documents were denied to be taken on record, therefore, Tribunal observed that there was no justification for taking report of handwriting..........
Evidence Act, 1872, Section 45 -- Handwriting expert - To examine signatures - Application allowed - Handwriting expert submitted report - An objection was raised at the time of examining the expert - For one year defendants remained silent and did not challenge the order allowing application u/s 45 of the Act - No prejudice will be caused to defendant if handwriting..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Handwriting expert - Signatures on cheque admitted by accused while recording his defence statement u/s 263(g) Cr.P.C - Accused thus, cannot escape his liability on the ground that same had not been signed by him - Moreover, if there was any manipulation/alteration in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheques - Sending cheques to expert for comparison of handwriting - Mere difference in handwritings found in cheques, cannot be a ground to file application for expert opinion...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheques - Sending cheques to expert for comparison of handwriting found in cheques - Accused not disputed her signatures found in cheques in question - She has not written the contents of cheques - Since it is not mandatory for drawer to fill up entire instrument by himself, no..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Undated letter purportedly written by accused was sought to be exhibited by complainant - Objection was raised by accused and made a application that letter be sent to a handwriting expert - However, issue might become clearer after examination of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - When accused though denied signature when he has not sent the same to handwriting expert and also not given any reply to notice and instead of drawing presumption in favour of complainant, trial Court believed evidence of accused and committed error which amounts to perversity - Order of..........
Evidence Act, 1872, Section 73, Criminal Procedure Code, 1973, Section 311A -- Difference between S.73 of Evidence Act and S.311-A Cr.P.C - S.73 of Evidence Act, empowers Court in all kinds of matters, civil as well as criminal to direct any person to give specimen handwriting/signatures and to compare the same in the matter being adjudicated by said Court - Whereas,..........
Evidence Act, 1872, Section 45 -- Expert opinion - Signatures on a document alleged to be of another party and other party denying the same - It is for the party to establish his assertion/allegation as to the handwriting/thumb impression/signature of a party on a document to be of that party or forged, as the case may be, by leading cogent evidence in this regard and the..........
