Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of an expert - Affidavit introduced in evidence by defendant which was beyond pleadings - Held, plaintiff has right to examine the handwriting expert even in rebuttal evidence as defendant has introduced the affidavit beyond pleadings, at the stage of evidence...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Plaintiff instead of examining private handwriting expert want to examine an expert from FSL, Madhuban - Held, there is nothing wrong in it - Opposite party will also get an opportunity to rebut the evidence of handwriting expert from FSL, Madhuban...........
Indian Penal Code, 1860, Section 409, 477A, Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10, Evidence Act, 1872, Section 47 -- Breach of trust and falsification of accounts - Proof - Accused No.1, G.M. of Canbank Mutual Fund (CMF) allegedly with dishonest and fraudulent intention induced CMF to part with Rs.32.50 lakhs by..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Disputed signatures in a carbon copy of a document - Can be looked into by an expert to give his opinion after its comparison with admitted signatures of the person who signed it...........
Criminal Procedure Code, 1973, Section 311 -- Examination of handwriting expert in defence - Accused has every right to adduce evidence in rebuttal of the evidence brought on record by the prosecution - Request for examination of handwriting expert not to be rejected on the sole ground that opinion of hand writing expert would not be conclusive...........
Agreement to sell -- Specific performance - Agreement alleged by executed under duress, coercion or undue influence - Defendant admitted his signature on the agreement of sale and further overleaf the agreement in his own handwriting and admitted receipt of Rs.5,000/- and extension of date - All these acts were voluntarily done by defendant - Defendant cannot be permitted..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Sending document to handwriting expert for his opinion on certain discrepancy which came to knowledge after cross examination of expert - Discrepancy alleged was available on the file at the time of cross examination of expert - It will be presumed that petitioner was aware of..........
Evidence Act, 1872, Section 69 -- Proof of document where no attesting witness is found - S.69 requires the fulfillment of two conditions viz. (i) proving that the attestation of one attesting witness at least is in his handwriting and (ii) proof the signatures of the executants in his handwriting - Both these requirements need to be fulfilled by the same witness...........
Evidence Act, 1872, Section 90 -- Thirty years old document - Proof of execution - - Applicability of S.90 - Pre-requisite conditions - Held, for application of S.90 there are two pre-requisite conditions - Firstly that document is thirty years old and second is that same has been produced from a proper custody - If aforenoted twin conditions are fulfilled, then, Court may..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - It is not obligatory on the part of plaintiffs to examine the handwriting expert to prove the signatures when plaintiff examined witnesses, proved entries in the books of accounts and also proved the acknowledgements duly signed by the defendant and defendant on the contrary, except making a bald denial of the..........
