Evidence Act, 1872, Section 45, 73 -- Signatures - Comparison - Opinion of handwriting expert - When a party seeks to send disputed document to Handwriting Expert for comparison, it is essential to allow such application in the interests of justice as it will not cause any prejudice to either party and it also helps the Court to make comparison itself...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Opinion - Opinion expressed by a handwriting expert is not the final word - Parties can put forward their own objections for the conclusions arrived at by the expert - Court itself can examine it to satisfy itself about the accuracy of the opinion - Burden squarely rests upon the persons, relying upon such document, to..........
Evidence Act, 1872, Section 73 -- Disputed handwriting - Court is empowered to look into or confirm or verify the hand writing or the signatures when there is a dispute, with naked eye...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Comparison of writing on cheque - Assertion of complainant that entire writing of cheque is by petitioner whereas petitioner has denied this and has alleged that he lost three blank cheque containing his signatures including the cheque in question - Comparison of..........
Will -- Execution - Proof - When no attesting witnesses found - In a case where attesting witnesses are either dead or out of jurisdiction of Court or kept out of the way by the adverse party or cannot be traced despite diligent search - In that event Will may be proved in the manner indicated in S.69 of Evidence Act by examining witnesses who were able to prove the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243(2) -- Dishonour of cheque - Sending the cheque to handwriting expert - Defence evidence - Accused should be given opportunity to bring his evidence on record in defence - He should be given assistance of Court with regard to summoning of witnesses etc...........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Accused moved an application for sending the cheque to handwriting expert - Held, that S.20 of the Act confers only a prima facie right, that too conditional upon the holder of a negotiable instrument - Adducing evidence in support of defence is a valuable right - Allowed...........
Evidence Act, 1872, Section 73, 45 -- Thumb impression - Science of finger print is more exact than that of handwriting...........
Evidence Act, 1872, Section 45, 73 -- Disputed signatures - Expert opinion - Court itself can compare the disputed signatures with admitted signatures or it can take the aid of handwriting expert - Original documents cannot be sent to handwriting experts and proper procedure is to permit the handwriting expert to inspect the document in Court premises itself and if..........
Evidence Act, 1872, Section 45, 73 -- Disputed handwriting - Court has power to compare the disputed signatures with the admitted signatures - However, as a matter of extreme caution, Court should not normally take upon itself the responsibility of comparing the disputed signatures with that of the admitted signature or handwriting and in the event of the slightest doubt,..........
