Civil Procedure Code, 1908, Order 41, Rule 27, Evidence Act, 1872, Section 45 -- Additional evidence at appellate stage - Comparison of thumb impression - Appellants unable to give satisfactory reasons as to why they could not produce expert evidence before trial Court - Even, plaintiffs are guilty of remissness in the Court below as such they are not entitled to remove..........
Will -- Suit for possession - Appreciation of evidence - Sub-Registrar affirms sound condition of testator - No evidence on record to prove that Will was obtained by fraud - Sample signature/thumb impression were available for comparison but plaintiffs failed to examine the handwriting expert - No evidence produced to establish that alienation of ancestral land was..........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of disputed signatures - Family settlement - Handwriting expert not taken any specimen signatures of plaintiff, nor he lifted signatures on plaint or vakalatnama for the purposes of comparison with disputed signatures - Only photocopies of signatures of plaintiff were seen by handwriting expert and compared..........
Evidence Act, 1872, Section 45 -- Disputed signatures - Expert opinion - Comparison with signatures on Vakalat and written statement - Defendant might have designedly disguised his signatures on Vakalat and written statement - Similarly it will be so when defendant is called upon to furnish his signatures in open Court - Expert can furnish an assured opinion only when..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Comparison of thumb impression of testator on Will with thumb impressions on mortgage deed - Expert evidence by way of additional evidence cannot be allowed at this stage, as such type of evidence was required to be led in affirmative - Even otherwise, evidence cannot be permitted as alleged thumb impression..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Comparison of signatures - It is discretion of Court either to refer disputed signature to expert or to compare signature by itself u/s 73 of Evidence Act...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Determination of value of land - Area of exemplar land small in comparison to acquired land - No justification for acquired land being given land value more than exemplar land - It is just and appropriate to determine market value of acquired land as that of exemplar land...........
Evidence Act, 1872, Section 73, 45 -- Court can compare signatures but Court cannot act as an expert - Court cannot take responsibility of comparing signatures when disputed - Such matters are of intrinsic technicalities requiring technical expertise - Court is not technically trained or qualified to indulge in comparison of hand writing...........
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147, Evidence Act, 1872, Section 45 -- Dacoity - Rape of three women belonging to same house - DNA test - Blood samples of victimized ladies and accused for DNA comparison was collected during investigation - Expert report that blood samples of accused who ravished the ladies were matching the ones collected from..........
