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..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 420, 465, 467, 468, 471 & 120-B IPC - Accused joined investigation and has given his specimen handwriting in Court - Custodial interrogation not required - Pre-arrest bail granted till filing of report u/s 173 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32 -- Conviction u/ss 498-A, 304-B IPC - Dying declaration recorded by Executive Magistrate - Dying declaration cannot be discarded on the ground that police officer should have recorded it - Authenticity of dying declaration not questioned - Handwriting expert's report that letters written by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Revalidation of cheque - Comparison of signature - Revalidation was denied by respondent - Burden was certainly on applicant who was claiming fresh period of limitation based thereon, to prove it by cogent expert evidence - However, she did not even apply for getting the cheque examined by a handwriting..........
Criminal Procedure Code, 1973, Section 294 -- Post-mortem certificate - Death of doctor issuing it - Doctor, who conducted post-mortem, issued post-mortem certificate, could not be examined, as he was no more - No effort is made by prosecution to examine another doctor, who could identify signature and handwriting of doctor, who conducted post-mortem examination and to..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 8, Rule 5 -- Agreement to sell - Opinion of handwriting expert - Absence of specific denial in the written statement as to thumb impression being forged or about the purchase of stamp details - Document cannot be sent to handwriting expert for his opinion, at the instance of defendant when trial has..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Accused persons kidnapped a child in the presence of his mother and caused hurt to her which was in the nature of grievous hurt and demanded a ransom of 5 lakhs in writing - Ransom note proved to be in the handwriting of one of the appellant - All the appellants convicted u/s 364A IPC - Appeal dismissed...........
Banking service -- Withdrawal of amount - On presenting cheque - Case of complainant that neither she applied for cheque book nor her signatures are on the cheque - Case of the appellant that it is complainant who signed the application for cheque book and the cheque and payment made with her full knowledge - Though a case of oath against oath yet case of complaint allowed..........
Evidence Act, 1872, Section 73 -- Signatures - Disputed signatures - Report of handwriting expert placed on filed but he was not examined to prove the report - Held, report of handwriting expert is liable to be rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion regarding signatures/handwriting - Issuance of cheque, writing and signatures outrightly denied by accused - To secure the ends of justice, it will be proper to allow examination of cheque by an expert...........
