Evidence Act, 1872, Section 45 -- Expert opinion - Court is not under an obligation to resort to expert opinion when signatures on a document are alleged to be of another party and other party denies the same...........
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..........
Evidence Act, 1872, Section 45 -- Comparison of signatures - Pronote - Signatures alleged to be obtained on blank pronote by coercion - Signatures not denied - Signatures when not denied then there is no necessity to send the document for expert opinion...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Absence of plea either by complainant or accused that accused made entries in the cheque - Accused admitted signature in the cheque - When accused admits signature in the cheque, it is immaterial whether some other person had made..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Comparison of signatures of executant on Will - Application by defendant rejected on the ground that there is no admitted document containing the signatures of executant of Will - Sale deed on record containing signatures of executant of disputed Will - Plaintiff produced their own..........
Evidence Act, 1872, Section 45 -- Medical Opinion - Cannot lead to certainty - Error of Margin - Age determination methodology related to medical examination is a difficult contemplation. Science in this respect does not show exact result and the medical opinion can be given in a range of age and not with certainty - As far as the applicability of principle of margin of..........
Evidence Act, 1872, Section 45 -- Voice sample - To compare with recorded conversation in CD - Person connected with recording of tape not examined - Recorded conversation not proved in accordance with law as such DW4 could not be confronted with his previous statement made by him - There is no question of witness to give his voice sample for the purpose of comparison with..........
Evidence Act, 1872, Section 45, 73 -- Application for sending document to FSL - Plea in written statement that alleged document is concocted - Merely for this reason a document cannot be sent for examination by Forensic Science Laboratory (FSL) - It is always open for defendant to produce report of hand writing expert and lead evidence regarding allegations made in written..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Before acting upon opinion of hand writing expert, prudence requires that Court must see that such evidence is corroborated by other evidence either direct or circumstantial evidence...........
Criminal Procedure Code, 1973, Section 397(2), Evidence Act, 1872, Section 45 -- Revision - Maintainability - Order u/s 45 of Evidence Act is an interlocutory order against which revision is not maintainable, as such an order does not decide anything finally resulting into culminating main proceeding of case...........
