Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application of petitioner for examining handwriting and fingerprint expert has been dismissed - Petitioner not denied his signature on cheque in cross-examination and in his statement u/s 313 Cr.P.C. rather he admitted the same - Whether cheque issued by..........
Agreement to sell -- Specific performance - Attestors and scribe of agreement not examined - No explanation given for the same - Even, agreements are unregistered - Defendants denied signatures on agreement - No attempt made by plaintiff to confront defendants and discharge burden by examining any handwriting expert - Other two purchasers along with whom suit agreements..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert - Seeking opinion of handwriting expert is right to defend - Any order rejecting such request to refer any document for examination by an expert for his opinion which is a step in aid of his defence amounts to the deprival of the right..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 364A -- Discharge - Kidnapping for ransom - Ransom note - Veracity - Two State Forensic Science Laboratories opined that ransom note in question was not in handwriting of accused - Opinion of expert is not substantive evidence, which Court is not bound to accept - Moreover, expert opinion is to be..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468 -- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue..........
Evidence Act, 1872, Section 45 -- Expert opinion on photographic copies - Not only original document can be sent for expert examination but photographic copies may also be sent for examination of handwriting expert...........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion of second handwriting expert - It is duty of Court to ascertain the truth or otherwise of opinion submitted by second handwriting expert at time of deciding main suit and not at the stage of trial...........
Evidence Act, 1872, Section 45 -- Private handwriting expert - Whether private handwriting expert is qualified or not and whether his report can be taken in consideration or not, all these aspects can be elicited during cross-examination by defendant...........
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...........
