Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion regarding signatures therein - In reply notice plea of security cheque raised - Held, in absence of any dispute raised by accused in reply notice with regard to issuing cheque in favour of complainant, trial Court was not justified in allowing prayer for..........
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 304B, 498A -- Offence u/ss 498-A, 304-B IPC - Suicide note seized by police during investigation - Comparison of handwriting of suicide note - Suicide note an important piece of evidence and could prove vital for a just decision of the case - Defence cannot be deprived of opportunity of having the document..........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Repeat of pen in the amount written in figures - There is no alteration of any kind in the amount filled up in the words - No assertion that there is any tampering, smudging or alteration or overwriting in the amount written in words - In case of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Repeat of pen in the amount written in figures - No alteration of any kind in the amount filled up in words - Only defence in the case is that cheque in question is only a security cheque - Keeping this assertion in view, the amount mentioned in the..........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Comparison of signatures with signatures which were subsequent to the filing of suit except one signature on a written statement in a prior suit - Not a valid basis of comparison - It casts a serious doubt on the reliability of entire report - Report discarded on this ground alone...........
Evidence Act, 1872, Section 45 -- Expert opinion - Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature - It may not be safe to solely rely upon such evidence - Court may seek independent and reliable corroboration in the facts of a case - Generally, mere expert evidence as to a fact is not regarded as..........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Signatures made by defendant on some documents subsequent to document in question, generally should not be referred to expert for comparison as there will be a tendency to sign in a different fashion...........
Evidence Act, 1872, Section 45 -- Second expert - Disputed signatures - Pronote - Earlier expert opinion does not reflect the truth, as specimen signatures of defendant were obtained in open Court long after date of pronote - Possibility of deliberately signing in a different fashion cannot be obviated - Specimen signatures of defendant thus, would not serve the true..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application by accused for sending receipt to handwriting expert allowed by trial Court - However, despite repeated opportunities accused failed to take steps for sending documents - Closure of defence of accused held not proper especially when order allowing application..........
