Evidence Act, 1872, Section 45 -- Comparison of signatures - Expert opinion - For obtaining opinion of an expert certainly disputed and admitted document must be sent to him for the purpose of comparison...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures - Defendant disputed her signature on receipt of payment of Rs.25,000/- - In such circumstances, Court did not take any risk of comparing the signature on disputed receipt with any admitted signature of defendant by invoking S.73 of Evidence Act, rather exercised power u/s 45 of the Act seeking..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 47 -- Dishonour of cheque - Comparison of signatures - Cheque dishonoured for insufficiency of funds - Comparison of signatures not warranted - Application rightly rejected...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Signatures must be relatively contemporaneous - Contemporaneous signatures means that known signatures must have been written between one or three years before or after the disputed one...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - Defendant contended that admitted signatures of defendant on Vakalat and written statement filed before trial Court can be compared with disputed signatures - However, said admitted signatures were written more than 5 years from the date of disputed signatures - It..........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion expressed by an expert cannot be set aside by Court in an ordinary manner and Court shall leave the opinion subject to its proof by examining its author and by other means - Though, Court can opt for a second opinion, if facts of particular case absolutely warrant such a course of action without interfering or..........
Evidence Act, 1872, Section 45 -- Expert opinion - Prayer seeking to set aside opinion evidence is not liable to be allowed when report espouses reasoning for finding so that expert could be questioned during examination to prove its genuineness and authenticity...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - In the first place expert opinion should be obtained for assistance, if such an opinion is not available, Court has to compare the disputed writings and come to its conclusion...........
Evidence Act, 1872, Section 45 -- Expert opinion - Sending blood stained clothes, sword and other material which were used to inflict injuries to FSL and to obtain a report on the same - Application being in the nature of adducing evidence has to be filed at the stage of prosecution evidence before Sessions Court - Dismissing application on the ground that same ought to be..........
Civil Procedure Code, 1908, Order 45, Rule 2 -- Appeal to Supreme Court against interim order passed by trial Court - Suit finally decided and decree not challenged further - Appeal dismissed as infructuous...........
