Evidence Act, 1872, Section 45 -- Expert evidence - Contradictory opinion of hand writing experts - It is always open to Court to form its opinion after careful consideration of expert's opinion as also document concerned...........
Indian Penal Code, 1860, Section 376, 307, Evidence Act, 1872, Section 3, 45 -- Rape - Attempt to murder - Conviction - Validity - Accused, cousin of victim, alleged to have entered in room of prosecutrix under false pretext and committed forcible rape on her - After committing rape he attempted to kill her by strangulating her with her `chunni' - On medical examination..........
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 45 -- Expert opinion - Evidence of an expert is only an opinion - It has to be considered alongwith other pieces of evidence...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of thumb impression - Second opinion from forensic lab, established by State - It is immaterial who has given report - By examining a Govt. expert will not enhance the quality of the report - A report has to be supported by what it contains and what is sought to be elicited in the examination in Court - Strength..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Ascertainment of age of ink in signature, other contents in the cheque and number of pens used for filling in it by an expert of Forensic Science - Application filed belatedly after taking nearly fifteen adjournments - Held, request was meant only to procastinate the..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Specimen thumb impression or signature or a specimen of handwriting - Court can direct accused to give specimen thumb impression or signature or a specimen of handwriting in the open Court for the purpose of comparison with the admitted signatures...........
Evidence Act, 1872, Section 45 -- Expert opinion - Genuineness of thumb impression disputed in the written statement itself - Application cannot be dismissed merely on the ground of delay - Opportunity granted to substantiate plea by securing opinion of forensic expert...........
Evidence Act, 1872, Section 45 -- Expert opinion - Specimen signatures and writing - Defendant disputing signatures and subsequent insertion of date in the agreement - Application cannot be dismissed on the ground that it is for the defendant to prove the same if he disputes - Defendant directed to give his specimen signatures and handwriting regarding the date for..........
Evidence Act, 1872, Section 45, 47, 73 -- Handwriting or finger print - Expert opinion - Possible only if expert is permitted to obtain photographs of the signatures so appearing on the documents - Order impugned in not permitting the finger print and handwriting expert to take photographs of the signatures, set aside...........
