Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of handwriting and finger print expert - Allowed by trial Court - His report produced and his examination-in-chief recorded - Defendant granted an opportunity to cross examine handwriting and finger print expert and defendant to lead further evidence to counter the evidence of handwriting and..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Accused signed the cheque - Opinion of handwriting expert with regard to the age of ink used in making the signature on the cheque and the age of the signature and contents of cheque - Application filed by accused wholly frivolous and trial Court had rightly rejected the..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Proof of handwriting, voice and signature - Document executed almost 40 years back - There is a huge gap of time that has passed for the purpose of comparison - Many changes must have definitely happened by efflux of time on physical conditions so far as defendants are concerned..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Signature on cheque alleged to be forged - Additional evidence at appellate stage - Comparison of signatures by handwriting expert - Despite having opportunity, accused did not put any question to the bank official examined in..........
Will -- Suspicious circumstances - No attesting witness of Will has been examined as per provisions of S.68 of Evidence Act - Even, thumb impressions of testator has not been got proved from any handwriting and fingerprint expert - No reason assigned in the Will that why widow of testator was deprived from bounty of deceased and even no provision for her maintenance has..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 511 -- Forged documents - Handwriting and signatures on alleged forged documents were not compared with standard handwriting and signature of petitioner - More so, in the absence of cross-examination of I.O. to prove the alleged documents completely suffocates the case of prosecution - Drawing an adverse inference..........
Criminal Procedure Code, 1973, Section 293 -- Report of Handwriting expert - Issued by Scientist without examining expert not reliable...........
Criminal Procedure Code, 1973, Section 293 -- Report of Handwriting expert - Issued by Scientist without examining expert not reliable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption which arises on signing of cheque cannot be rebutted merely by report of a handwriting expert...........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Magistrate can order a person to give specimen signatures or handwriting if Magistrate is satisfied that for the purpose of investigation or proceedings under the Code, it is expedient to direct any person including an accused to give specimen signature or handwriting...........
