Evidence Act, 1872, Section 45 -- Expert opinion - Signatures - When one party is given an opportunity to bring on record his private handwriting expert, it is in the interest of justice that other side should also be given equal opportunity to file his private handwriting expert's report...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 8.932 kg heroin - Non-compliance of S.50 of the Act - Notices u/s 50 of the Act not served at the spot - Both the accused were illiterate and their responses were recorded in the handwriting of panch witnesses, who did not appeared to corroborate IO's statement - Provisions of S.50 of the Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 8.932 kg heroin - Confession - No incriminating material recovered at the accused's residences - Investigating agency was unable to find out as to who was the supplier of contraband to accused - Statement u/s 67 of the Act are in handwriting of PWs 5 & 6, who were Tax Assistants in DRI..........
Evidence Act, 1872, Section 45, 73 -- Handwriting expert - It is not necessary for Court to call for a report of handwriting expert before examining and ruling on the veracity of a document premised upon handwriting and signatures found thereon...........
Evidence Act, 1872, Section 45 -- Expert opinion - Handwriting analysis - An imperfect science - As expert's opinions are error prone - Court may compare disputed writing with admitted writing and then come to conclusion of its own...........
Evidence Act, 1872, Section 45 -- Proof of handwriting - Superior officer under whom person is employed is competent witness to prove his handwriting - It is not necessary in all cases opinion of handwriting expert to be obtained...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Report u/s 173 Cr.P.C. that accused after entering into conspiracy to select Panchayat Secretaries, against monetary consideration, committed forgery in various records and used forged record as genuine and destroyed the evidence to justify their illegal acts - Handwriting expert..........
Evidence Act, 1872, Section 45 -- Handwriting export - Two reports of hand writing experts - Application for examination of document by third expert - Court has not so far expressed any opinion that there is any necessity of third expert's opinion in view of conflicting reports - It would not be justified to refer disputed document to third expert - Petition dismissed...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Setting aside of arbitral award - Condonation of delay - All the four awards were sent to the appellant by registered post with A/D and presumption is that he was served unless such presumption is rebutted by the appellant - Even, appellant only denied receiving of copy of the award in..........
Will -- Proof - Where no attesting witnesses found - It must be proved that attestation of one attesting witness at least is in his handwriting and that signatures of person executing the document is in the handwriting of that person...........
