Evidence Act, 1872, Section 32 -- Dying declaration - Not recorded by SDM in his own handwriting - Note appended thereto that it was recorded by SDM himself false - No certificate from doctor that deceased was in a fit mental condition to make statement - Contradiction in dying declaration and testimony of witnesses - Dying declaration not relied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Held, there is no law that a person drawing cheque has to necessarily fill it up in his own handwriting - Petitioner has not denied his signatures on the cheque - Once he has admitted his signatures on cheque he cannot escape his liability on the ground that same has not been filled in by..........
Succession Act, 1925, Section 63 -- Will - Execution of - Additional evidence - Second appeal - Appellant moved for additional evidence to prove report of handwriting expert examined during proceedings for registration of Will - Execution of Will has been admitted by plaintiff-appellant himself and has also been proved by defendants by leading cogent evidence - Held,..........
Limitation Act, 1963, Section 18 -- Acknowledgment - Suit for recovery filed by respondent firms on basis of various loan transactions - In affidavits of examination-in-chief of witness of respondent firm, witnesses specifically stated about all transactions and relevant entries relating thereto - They also stated about composite entry relating to certain amounts advanced..........
Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - Offence u/ss 467, 468, 471, 420 IPC - Tampering of timber distribution - Entries in timber distribution application and timber distribution register did not match - When writing and signature were obtained from accused and sent for opinion of Government examiner no proceedings against accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Sending cheque to Handwriting expert for examination - Need for - Signature on disputed cheque admitted by accused - Held, there is no need for sending disputed cheque for examination by handwriting expert concerning other part of cheque concerning date, amount etc. alleged to be filled..........
Will -- Execution - Proof - Scribe of Will died and therefore another Deed Writer was examined to prove handwriting of scribe - Defendants have also examined one attesting witness of the Will i.e. Sarpanch - Held, this evidence is sufficient to prove due execution of Will - There was also sufficient justification for testator for executing Will in favour of defendants..........
Evidence Act, 1872, Section 73 -- Specimen signature or writing of accused - For use by handwriting expert - Not per se illegal...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 243 -- Dishonour of Cheque - Sending cheque to document expert - There were no material alterations in the form of eraser or over writings or corrections - Plea of accused was that a blank cheque was given as security - Held, question as to whether any authority was given to the..........
Arbitration and Conciliation Act, 1996, Section 6, 19(3), 26 -- Arbitration - Appointment of an expert by arbitral tribunal - Arbitrator has ample power to appoint a Commissioner for local inspection, an accountant to inspect the accounts, a finger print expert or a handwriting expert to inspect questioned documents, an engineer or an architect to inspect structures,..........
