Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on a document which had a time gap of 28 years - As and when a person ages, handwriting changes and it is definitely not very wise to compare signature on documents the execution of which had a time gap of 28 years...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 270 gms heroine - Accused acquitted as (i) Non joining of independent witnesses despite availability and no plausible explanation offered for non joining independent witnesses ; (ii) secret information not recorded in proper register duly maintained and there is no authenticity of such an..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Comparison of disputed signatures - Promissory note - Admitted contemporaneous signatures of defendant are available for comparison, that would give the correct picture which can be treated as best evidence - Application allowed subject to conditions...........
Evidence Act, 1872, Section 45 -- Second handwriting expert - Report of CFSL expert - No infirmity pointed out in the said report - There is no reason, purpose or justification to send the same material to another handwriting expert engaged by petitioner - Apparent motive is to prolong the trial - Application rejected...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of disputed signatures - Promissory note - Admitted contemporaneous signatures of defendant not available for comparison by expert - Sending disputed signatures to expert in such situation will not serve any purpose - Application rightly dismissed...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of disputed signatures - Promissory note - Interpolations - Court can examine document and record its findings subject to raising plea of material alternations in written statement - But Court cannot order for examination of disputed signatures with admitted signatures on vakalat and written statement which..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Signatures admitted, while leaving the cheque blank, thereby giving prima facie authority to the holder thereof to make or complete it as a negotiable instrument, for any amount specified therein - Question as to whether any authority was given to the..........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Complainant specifically stated in cross examination that accused filled cheque in his own writing and delivered same to him on different date but writing over cheque can be judged from naked eye that name of complainant firm and amount is not filled..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Petitioner admitted that cheque bears his signature - There is thus, no dispute with regard to signature - Moreover, petitioner already got himself examined as DW - Matter is at the stage of final arguments - At the belated stage to..........
