Evidence Act, 1872, Section 45, Guardians and Wards Act, 1890, Section 19, Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of Child - Evidence of Psychiatrist on evaluation of child - When psychiatrist in her opinion has categorically concluded that child has intelligible preference to express his views, Court is not a better expert, to assess child, by..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A, Evidence Act, 1872, Section 45 -- Appointment of Advocate Commissioner - Comparison of signatures on documents in question and sending same to an expert - Purpose of appointment of Advocate Commissioner is only to get photographs of signatures contained in documents and to send it for expert opinion - Documents..........
Evidence Act, 1872, Section 45 -- Verification of revenue stamps affixed on pronote and receipt - Plea that revenue stamps were not in existence at the time when pronote is alleged to have been got thumb marked - Order declining application set aside - Controller, Government Press Nasik to send the report on verification to trial Court within a period of two months...........
Evidence Act, 1872, Section 45, 73 -- Promissory note - Alteration - Expert opinion - Alteration when visible to naked eye then Court to decide it as to whether such alteration is material alteration and Court need not to refer the disputed document for opinion of expert. (Para7)..........
Evidence Act, 1872, Section 65B, 45 -- Electronic record - Admissibility - Compact Disc (CD) - Petitioner seeks to rely upon data recorded on a CD without there being any evidence regarding source from which it is recorded - In absence of said source i.e DVR and also evidence to the effect that same was being maintained regularly and was not tampered with, data recorded in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - Plea of forged signatures raised in cross examination of complainant and in statement u/s 313 Cr.P.C. - Accused permitted to get his signatures examined by handwriting expert...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Plea of giving blank cheque - In a complaint of dishonour of cheque complainant merely has to prove that a signed cheque was given by accused - Whether cheque was filled in by petitioner or by complainant is an immaterial fact - Order rejecting..........
Evidence Act, 1872, Section 3, 45 -- Expert opinion - Whether prevailed over evidence of eye witnesses - When case of prosecution case is based on eye witnesses, indecisive opinion given by experts would not affect prosecution case...........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - There is an organization called Nutron Activation Analysis, BARC, Mumbai, which is a Central Government Organization, which undertakes the task of determining the age of ink/writing of a document...........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - Document alleged to be signed in 2008 and not in 2012 - Courts must take of note of the aspect while appreciating rival contentions that mere determination of age of ink/writing by an expert will not clinch the issue as to when exactly the maker has written/signed the document...........
