Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion as to whether accused himself..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by banker - Informant stated that he knew handwriting of accused and identified the signature of the accused - Informant did not state how and on what occasion he had seen the accused writing or putting his signature - Held, unless a person has a direct witness of writing of another person, the evidence of..........
Evidence Act, 1872, Section 45 -- Opinion evidence of handwriting expert- It is a weak type of evidence - Order of conviction cannot be based on such opinion without any corroboration - It is not a substantial evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Blanks in the cheque not filled by accused - Huge amount of Rs.6.40 lacs involved - No explanation for giving such huge amount in cash which is against the provisions of Income Tax Act - Trial Court directed to allow the complainant to adduce further evidence that she was possessing..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert cannot be examined in rebuttal evidence to prove the due execution of the agreement which plaintiff is required to prove only while leading evidence in affirmative - If plaintiff failed to lead evidence by way of examining a handwriting and finger print expert in affirmative to prove the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Comparison of handwriting by expert as body of cheque filled in by another person - Accused is entitled to have cheque examined by an expert...........
Will -- Execution - Proof - Attesting witnesses dead - Will to be proved by examining witnesses who are able to prove the handwriting of executant - Signatures of one attesting witness identified by Sub Registrar who registered the Will - Held, Will is duly proved...........
Evidence Act, 1872, Section 45 -- Expert evidence - No specific question put to expert in his cross examination to discredit or dispute his evidence in the trial - Testimony of an expert cannot be discarded by Court while evaluating its value in a perversive manner ignoring the fact that the Court itself called report of the handwriting expert...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for examination of signatures on disputed cheque by handwriting expert filed by accused at stage of examination by defence - Cheque was returned by Bank for `insufficient funds' and not on ground `difference in signature' - Held, application filed at belated stage - Magistrate himself can..........
Indian Penal Code, 1860, Section 420, Evidence Act, 1872, Section 45 -- Forged receipts - Handwriting expert - Opinion of handwriting expert that signatures on receipts were that of the accused - Held, no doubt, the science with regard to the identification, handwriting and signatures, is not conclusive like that of the science of identification of thumb impressions, yet..........
