Consumer Protection Act, 1986, Section 17 -- Cross-examination of handwriting expert - Cheque encashment by committing forgery - Cheque sent to State Forensic Science Laboratory in which report submitted - Handwriting expert has not tallied the signatures on the cheque in question with the specimen signatures of the complainant which were with the bank - Application of the..........
Railway Service (Conduct) Rules, 1966 -- Departmental enquiry - Principles of natural justice - Documents - Report of Handwriting Expert - Non furnishing of - The said report has never been relied upon by the Tribunal or the Disciplinary Authority - Do not think that there is any infirmity in the proceeding in non - furnishing of the said report...........
Evidence Act, 1872, Section 58, 137, 145 -- Admission of correctness of document in cross examination - It is relevant fact - Pleading in regard to existence of a document is necessary however when a witness admits a document to be in his handwriting then effect thereof has to be considered having regard to the provisions contained in S.145 of Evidence Act in terms whereof..........
Evidence Act, 1872, Section 45, 73 -- Comparison of signatures - Handwriting expert - Whenever the signature on the document is disputed, the party who is disputing the signature may make an application u/s 45 of Evidence Act to send the document to the expert for comparison - Normally, the application is allowed as the opinion of expert helps the Court to come to a right..........
Banking service -- Cheque encashment - Amount of Rs.1,20,000/- drawn on bearer cheque on forged signatures on the cheque - Cheque bore signature of only one authorised signatory whereas subsequent cheques bore the signatures of two authorised signatories - Bank failed to follow the procedure - Merely getting the address of the bearer and making him writ to his own..........
Evidence Act, 1872, Section 34 -- Entries in Account Books/Bahi - Suit for recovery on the basis of bahi entries - Decreed - Finding assailed on the ground that person cannot be charged with liability merely on the basis of entries in account books - Plaintiff examined himself to prove transactions - Handwriting expert examined to prove signatures of defendant on bahi..........
Evidence Act, 1872, Section 68, 71 -- Proof of execution of Will - Registered Will - One of attesting witness expired - Other attesting witness, Deed Writer & Sub-Registrar examined to prove execution of Will - Attesting witness denied putting of thumb-impression by testator & other witnesses in his presence - Evidence of attesting witness found to be fluctuating and not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures denied - Handwriting expert - When cheque is dishonoured for insufficiency of funds then there is no need for handwriting expert to give his opinion on signature on cheque - In case of denial of signature of drawer of a cheque, the best witness would be the concerned Bank Manager and not a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures on cheque disputed - Request to send cheque to handwriting expert for comparison of signatures - Request cannot be declined on ground of delay...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Misutilisation of blank signed cheque - Sending cheque to handwriting expert - Admission of signature in cheque is not equivalent or synonymous with admission of execution - Magistrate directed to forward the cheque to expert for comparison if accused wants the admitted handwritings/specimen writings to..........
