Negotiable Instruments Act, 1881, Section 138, 20, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Accused admitted issuance of signed blank cheques - Holder of cheque can fill up the blank cheque, which is a valid instrument in the eye of law - There is no need to examine handwriting expert to verify whether contents of cheques were written by..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert in respect of certain documents - Accused already paid entire cheque amount and therefore cheque cannot be said to be issued for discharge of any legally enforceable debt or other liability - Complainant had acknowledged receipt of said..........
Evidence Act, 1872, Section 45 -- Disputed signatures - Opinion of handwriting expert - Mere belatedness in filing the application not a ground for rejecting the request of petitioner...........
Evidence Act, 1872, Section 45 -- Handwriting - Science of handwriting is not a perfect science...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quashing of FIR - Suicide because of non fulfillment of demand of dowry made from sister of deceased - Suicide note recovered but not examined by handwriting expert - Even if suicide note is accepted as true no ingredients of offence u/s 306 IPC could be spelt out from the same - Merely because a person..........
Will -- Proof - If no attesting witness is found - It becomes incumbent upon propounder of Will to prove two facts : (i) that attestation of one attesting witness atleast was in his handwriting; and (ii) that signatures of executant is in his handwriting...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Signature comparison - Specimen signatures - Court can direct a party to give his specimen handwriting and signatures for the purpose of comparison with the disputed signatures and handwriting so as to reach to a conclusion for adjudication of the matter in controversy...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - Process server did not know defendant personally and no one from village accompanied him at the time of service of summons, who could identify defendant - Handwriting and Finger print expert examined by defendant has also not approved the alleged signatures of defendant..........
Agreement to sell -- Execution - Agreement signed by vendor only - Attesting witness a minor, who is incompetent to be a marginal or attesting witness - Scribe deposing that no advance sale consideration was paid in his presence and vendor and marginal witnesses did not sign in his presence - Blank signed paper was given to scribe and agreement was written at the..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 20, Indian Penal Code, 1860, Section 218, 466, 474 -- Doctor with the help of her staff manipulated the hospital record and made false entries in order to help `A' - No evidence that doctor took some pecuniary advantage which is necessary for charge u/s 13(1)(d) of P.C. Act - Presumption u/s 20 of P.C. Act thus..........
