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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Signatures on cheque denied - Sending cheque to handwriting expert - Cannot be denied on the ground that accused filed application without naming any person as witness or anything to be summoned, which are to be sent for..........
Indian Penal Code, 1860, Section 302, 366, Criminal Procedure Code, 1973, Section 366, 368 -- Kidnapping and murder of two children for ransom - Accused last seen in company of children by a child aged 10 years - Child examined by trial judge found to be capable of giving evidence - A letter demanding ransom of Rs.10 lacs received - The same was found to be in handwriting..........
Civil Procedure Code, 1908, Section 151 -- Additional Evidence - Agreement to sell - Defendant denied execution of agreement - Plaintiff closed his evidence - One of the issues ' whether the agreement is forged, bogus and fabricated ? OPD' - Application by plaintiff for examining handwriting expert to give his report on signatures of defendant on agreement to sell -..........
Oriental Bank of Commerce Officer Employees (Conduct) Regulations, 1982 -- Regulation 3(1) - Departmental enquiry - Non furnishing of opinion of handwriting expert despite request - No prejudice caused to the appellant by non-furnishing of the copy of the handwriting expert - No allegation of mala fides, bias or violation of principles of natural justice brought to notice...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of Cheque - Signature on cheque denied from the very beginning - Comparison of signatures - Comparison of signatures by Bank Manager - Bank Manager though by practice is experienced to compare the signatures but be cannot be said to be handwriting expert with necessary expertise -..........
Negotiable Instruments Act, 1881, Section 138, 139, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Cannot be raised u/s 139 of the Act only by admitting signature and handwriting in cheque...........
Service -- Pre-mature/voluntary retirement - Letter in own handwriting and presented personally - Plea that employee was forced to take retirement - Vague allegation only as name of officer not given who compelled to write letter - No evidence in support of such plea - Suspicion and doubt cannot take place of evidence - No finding of fact can be given on mere doubt and..........
Consumer Protection Act, 1986, Section 13 -- Procedure - Hand Writing Expert - Application for appointment of Hand Writing Expert dismissed and District Forum and relegated petitioner to Civil Court on the ground of warranty card in question being fabricated and forged - Held that warranty card is a valuable piece of evidence - District Forum acted with material..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Signatures - Handwriting expert - Accused did not dispute the handwriting on the cheque - Opinion of handwriting expert not necessary - Application filed by accused to that effect rightly dismissed...........
