Evidence Act, 1872, Section 45, 73 -- Handwriting and signatures - Science with regard to identification - Not perfect and conclusive - Contradictory statements of hand-writing experts, one examined by one party and other examined by other party - Rightly not relied upon by Courts below...........
Evidence Act, 1872, Section 45 -- DNA test - Partition suit - Controversy as to whether parties to suit were born to common mother whose property they claim to have inherited - Held, it is essential to order DNA Test which will set at rest the dispute between the parties - Order of lower Court ordering DNA Test, upheld...........
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 307 -- Expert witness - Doctor not examined who gave the opinion 'injuries dangerous to life' - His report proved by another doctor who was acquainted with his handwriting and signatures - Held, that S.32 of Evidence Act is not applicable - Opinion of another doctor is only a hearsay evidence - Opinion about..........
Evidence Act, 1872, Section 45 -- Expert opinion - Building expert - Visited the spot without giving notice to tenant - However, tenant present at the time when he visited spot - Not a ground to discard report of expert...........
Evidence Act, 1872, Section 45 -- Building expert - Report submitted after a delay of more than one year from the date of spot inspection - No reason forthcoming for so much delay in preparation and submission of the report to the Court - Report rightly discarded...........
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..........
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..........
Evidence Act, 1872, Section 45 -- Gun shot - Non examination of ballistic expert - Gun not seized - When weapon is not seized then question of examination of any ballistic expert does not arise...........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of building - Building expert a qualified engineer failed to produce any book or literature to show that there are no tests available to know the age of the building material - Reliance thus cannot be placed upon opinion which was based upon mere physical observation of the building...........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of building - Building expert produced by both parties - Onus is on the party who asserts that construction was raised more than twelve years ago to lead some unimpeachable evidence supported with scientific reasons...........
