Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of handwriting expert to rebut the report of expert examined in defence - Plaintiff had knowledge of stand of defendant from the very inception - Having failed to lead its evidence in affirmative and in rebuttal, plaintiff cannot be allowed to rebut the defence evidence by way of additional..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Murder - Death by fire shot - Distance of fire - Where death is due to injuries or wounds caused by a lethal weapon, it is always duty of prosecution to prove by expert evidence that it was likely or at least possible for injuries to have been caused with weapon with which and in manner in which..........
Indian Penal Code, 1860, Section 341, 323, 307, Arms Act, 1959, Section 5, 27, 30 -- Fire arm injury - No report of expert that gun was in working condition and had been actually used at the time of occurrence - Acquittal calls for no interference...........
Evidence Act, 1872, Section 45, 67 -- Expert opinion - Determination of age of ink - Difference in the ink of signatures and other writings of cheques in question admitted by plaintiff - No requirement for sending cheques for examination by expert for the purpose of determining age of ink - Application rightly rejected...........
Evidence Act, 1872, Section 45 -- Expert opinion - Agreement to sell - When there are direct witnesses to document, i.e attesting witnesses and scribe of document and their evidence is appreciated by trial Court, question of sending the document for expert opinion does not arise at all - Getting opinion of expert is when there are no means to prove the document -..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Evidence Act, 1872, Section 73 -- Cheating and forgery - Conviction based on opinion of handwriting expert - Accused purchased electronic goods from complainant and in lieu of that handed over forged demand draft - Handwriting on forged demand draft found to be that of accused by handwriting expert - Accused used forged..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(iii) -- Eviction - Material alterations - Onus is on landlord to prove - It is landlord who has to prove that alterations carried out by tenant have materially impaired the value and utility of the premises - Value and utility has to be seen from the perspective of landlord which has to be substantiated by..........
Evidence Act, 1872, Section 45 -- Expert opinion - It is not expedient in the interest of justice to send documents for opinion of handwriting expert when there is positive evidence of eye witnesses...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Comparison of signatures - It is discretion of Court either to refer disputed signature to expert or to compare signature by itself u/s 73 of Evidence Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Expert opinion - Admittedly, accused denied his signatures on cheque, but said issue not raised in trial Court but same raised in appellate Court - No adverse inference can be drawn because it all depends upon advocate who represent accused and his legal accuman and..........
