Evidence Act, 1872, Section 45 -- Expert opinion - Will - Merely because mode of proof of Will is provided by S.63(c) of Succession Act and S.68 of Evidence Act, applicability of S.45 of Evidence Act, in respect of comparison of signature of Will cannot be excluded...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Will - If Trial Court in its wisdom considered it appropriate that disputed signature of Will be sent for comparison to elicit the truth, but at the same time was also conscious of legal provision that report of expert is not binding on Court and may be only of assistance, there is no reason for..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Fire arm shot - Report of ballistic expert - Where evidence of eye witnesses is contradictory to prosecution case, conviction cannot be made solely on basis of report of ballistic expert pertaining to recovery of weapon from accused or as regards its use, in the absence of any other substantive..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Report of second Court Commissioner - Application for appointment of second Court Commissioner filed by defendant was allowed and opinion was given in favour of defendant - Plaintiff filed statement of objections and sought for permission to cross-examine expert - However, plaintiffs did not pay requisite Court fee to..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of expert witness - Merely for explaining medical terminologies, witness cannot be recalled...........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Expert opinion - Will in question was produced by defendant after closing evidence of plaintiff - Since defendant has led expert evidence in respect of said will thereafter opportunity has to be granted to plaintiff to rebut said evidence - It is also not denied that plaintiff had closed his evidence only..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DHs alleged that JDs in violation of decree had raised a wall on the suit land blocking the passage - However, DH did not make any effort to prove spot identification - DH placed reliance upon site plan, prepared by deed writer - However, DH did..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and fingerprint expert - Comparison of relevant writings/signatures on cheque - Disputed cheque though signed by petitioner No.2 but was misused by one `G' - Application dismissed by trial Court on the ground that petitioner No.2 admitted signatures on..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - There should be a two or three year gap between contemporaneous document - In the instant case, there is six years gap between contemporaneous document - Signature may alter over time even though in the present case it has not been changed purposefully - Application..........
