Evidence Act, 1872, Section 73 -- Comparison of signatures - In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of Cheque - Additional evidence at appellate stage - Accused in appeal wanted to get his alleged signatures on the Cheque compared with his specimen signatures, though he had sufficient opportunity for the same during trial - Accused himself admitted that he issued..........
Hindu Marriage Act, 1955, Section 13(1) -- Divorce petition by husband on ground of cruelty and desertion - Wife in a complaint alleged that her husband is having illicit relations with his brothers wife but denied having made such an allegation - But when complaint lodged by wife was shown to her she admitted her signatures in which there was such an allegation - Held,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22, 50 -- Ganja and Heroine - Recovery of two small packets of brown sugar from pocket of Kurta and Ganja recovered from a plastic bag carried by accused in his hand - Evidence of investigating officer coherent with regard to compliance of provision of section 50 - Independent witnesses failed to support..........
Indian Penal Code, 1860, Section 498A, 306 -- Dowry death - Deceased committed suicide as she was treated with cruelty by her husband on account of dowry demand - Husband allegedly demanded dowry by sending two letters to the father of deceased - Handwriting of letters not sent for examination by an expert - Court also did not adopt any method of comparing the handwriting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion to ascertain age of ink for writing amount in cheque - Petitioner admitted his signatures - In India that too in Tamil Nadu, there are no such experts to ascertain the age of the ink - Application is filed only to drag on the proceedings - No illegality and irregularity in dismissing the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Signatures admitted but handwriting denied - Reply not given to the demand notice - Thereafter accused took plea of loss of cheque - Held, defence of accused can be considered at time of final adjudication of matter - Application of accused merits..........
Prevention of Corruption Act, 1988, Section 7, 20(1) -- Illegal gratification - Demand and acceptance - Complainant turned hostile - Complainant admitted signatures on complaint - Independent witness and investigating officer proved the demand by proving complaint given by the complainant in their presence - Tainted currency notes recovered from the accused - Held, when..........
Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - Court is empowered to compare the disputed signatures with that of admitted one...........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Handwriting expert - Court is entitled to compare the disputed signatures with the admitted signatures and to form an independent opinion - When Court itself has such power, there is no necessity to requisition services of handwriting expert for taking decision on such question...........