Evidence Act, 1872, Section 73 -- Specimen signatures - Second application for specimen signatures in slow speed - Specimen signatures taken by Court - Opinion of handwriting expert that there were some similarity between specimen and disputed handwriting, definite opinion can be formed if specimen writing is taken in slow speed - Held, obtaining specimen signatures once..........
Evidence Act, 1872, Section 73 -- Specimen thumb impression - Taking for the second time - Earlier thumb impression taken and Handwriting expert submitted report that disputed thumb mark is mostly smudged and only its right portion is comparable and specimen thumb mark does not serve the purpose of comparison - Fresh specimen thumb impression - Allowed...........
Evidence Act, 1872, Section 45, 73 -- Signatures - Handwriting expert - Objection to report - Examination of handwriting expert is required in a case when report of handwriting expert is disputed - No reliance can be placed on same without examination of expert...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 73 -- Rape - Lover letters - Writing - Court itself comparing and holding that it is not in the handwriting of prosecutrix - Request of accused for comparison of handwriting by an expert - Declined - Amounts to miscarriage of justice - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - It is very week type of evidence - But if at the same time, if the complete chain is made out by such circumstances to connect the accused with the commission of crime, the accused person can safely be held guilty for the offence - Taking into consideration that the recoveries got effected in..........
Evidence Act, 1872, Section 67, 45, 47 -- Handwriting - Proof - Expert opinion is regarded as relevant evidence - The other mode is by examining a person acquainted with such handwriting and the same is regarded as relevant evidence - There can be other modes through which identity of the handwriting can be established - To prove the identity of the handwriting any mode..........
Negotiable Instruments Act, 1881, Section 4, Civil Procedure Code, 1908, Order 26, Rule 10 -- Pronote - Age of ink in signature and body of pronote - Plea of signatures obtained on blank paper - Held, it would be just and proper exercise of discretion to send the document to Handwriting Expert for his opinion as regards the age of inks in signature and body of pronote...........
Indian Penal Code, 1860, Section 409 -- Post Master - Received deposit and made entries in pass book and seal of post office affixed but entries in postal record not made - Deposit amount misappropriated - Inspector Post Office and complainant fully supported prosecution charge - Handwriting proved by expert - Non production of complaint by complainant to Inspector Post..........
Evidence Act, 1872, Section 4, 73, Constitution of India, 1950, Article 23 -- Specimen of handwriting or thumb impression of person in custody - Article 23 of the Constitution was not infringed by taking the specimen handwriting or signature or thumb impressions of a person in custody...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Opinion - Can rarely take the place of substantive evidence - Before acting on such evidence it is usual to see, if it is corroborated either by clear direct evidence or by circumstantial evidence...........
