Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in affirmative qua an issue with regard to which onus was on plaintiff to prove the same - In instant case, plaintiff failed to examine any handwriting expert, while leading her evidence in affirmative - Merely because defendant had examined a handwriting expert..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and signatures denied - Expert opinion - Opinion of an expert as to whether cheque is signed by accused is relevant - Opinion of an expert on this aspect cannot be prevented from being given in evidence - Once cheque is required to be sent to the handwriting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Production of evidence of handwriting expert at appellate stage - Permissibility - Held, evidence of handwriting expert necessary for elucidation of truth between parties - Applicant/ accused had already summoned to procure attendance of handwriting expert..........
Criminal Procedure Code, 1973, Section 391 -- Production of evidence of handwriting expert at appellate stage - Held, delay cannot be a ground to dismiss an application filed u/s.391 Cr.P.C...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Handwriting Expert - Cannot be allowed to be examined in rebuttal and even cannot be allowed to be examined by way of additional evidence, as this evidence was well within the knowledge of petitioner, at the time when he was leading evidence in affirmative...........
Evidence Act, 1872, Section 45 -- Disputed signatures - Expert opinion - While comparing handwriting samples, number of variables are compared - The variable on which the experts base their opinions are only evidence of some tendencies which can also be affected by numerous extraneous factors, such as state of mind, haste, self-consciousness, intoxication, nature of the..........
Evidence Act, 1872, Section 45, 47, 67, 73 -- Disputed signatures - Expert opinion - Opinion of third Govt. expert - Conflicting opinions from equal number of experts between two sides - Held, although opinion of third expert is not binding upon Court yet trial Court being a Court of fact has to arrive at independent decision and opinions of experts are not binding upon..........
Indian Penal Code, 1860, Section 468, 471, 420, 511 -- Cheating & forgery - Accused acquitted on the ground that : (1) Forgery of recommendatory letter to get job but prosecution failed to prove original document; (2) No evidence to show that photostat letter are true photostat of original document; (3) Expert gave his finding on the basis of photostat letter comparing it..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of an expert - Affidavit introduced in evidence by defendant which was beyond pleadings - Held, plaintiff has right to examine the handwriting expert even in rebuttal evidence as defendant has introduced the affidavit beyond pleadings, at the stage of evidence...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Plaintiff instead of examining private handwriting expert want to examine an expert from FSL, Madhuban - Held, there is nothing wrong in it - Opposite party will also get an opportunity to rebut the evidence of handwriting expert from FSL, Madhuban...........
