Indian Penal Code, 1860, Section 302, 309, Evidence Act, 1872, Section 73 -- Murder - Comparison of disputed and admitted signatures on arrest memo, seizure memo and recovery memo - Prosecution failed to prove admitted signatures of accused on arrest and seizure memo - Nobody has appeared in Court to said that signatures were made in his presence or they have conversant..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures/finger print - When opinion of expert is available on record, it would be improper for the Judge to draw a contrary opinion merely based on visual comparison by disregarding the expert opinion...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Expert opinion - Comparison of handwriting and signature - When cheque is not returned by bank for the reason of dissimilarity in the signature then it is not necessary to send the disputed cheque to the handwriting expert for his opinion...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Expert opinion - Comparison of handwriting and signature - Signature on cheque not disputed - It is for the accused to prove that cheque in question was not issued to the complainant by him and was given to the complainant by his brother-i, law and for that purpose,..........
Evidence Act, 1872, Section 73 -- Comparison of signature by Court - Court is competent to compare the signatures and after comparing signatures Court can record a finding - Such finding cannot be said to be perverse...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Signature comparison - Specimen signatures - Court can direct a party to give his specimen handwriting and signatures for the purpose of comparison with the disputed signatures and handwriting so as to reach to a conclusion for adjudication of the matter in controversy...........
Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison of signatures or handwriting by Court - It is always proper to take assistance of handwriting expert as Court will be in a better position to form an appropriate opinion, if it is aided by handwriting expert...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - If comparison of signatures can be made easily by Court, then it is not necessary to send it for expert opinion, otherwise no sanctity will remain to S.73 of Act - Expert opinion should be called where comparison of hand writing and signatures by Court is difficult and a proper finding cannot be..........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Court as a matter of prudence and caution should hesitate or be slow to base its findings solely upon the comparison made by it - However, where there is an opinion whether of an expert, or of any witness, Court may then apply its own observation by comparing the signatures, or handwritings for providing a..........
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...........
