Evidence Act, 1872, Section 45, 73 -- Handwriting expert - It is never mandatory that a handwriting expert is always appointed by Court only and any party to litigation itself cannot the comparison done through a private expert and prove the report by producing the said expert as witness. ( Para 15)..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signature of defendant over pronote as well as receipt have been proved on record by handwriting expert - Suggestion having been put to plaintiff in his cross-examination that amount stands paid itself establishes the factum of payment of money against pronote - On the contrary no evidence was produced on record..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of signatures on cheque - Accused admitted his signatures on cheque though he denied contents of negotiable instrument - Burden is upon accused to show that cheque was not issued by him for payment of any legally enforceable debt or in..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - It is for expert to state whether standard signatures sent are fit for comparison or not - Mere length of period between disputed signatures and standard signatures alone would determine the fitness of standard signatures for comparison...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Expert did not raise any objection about quality of standard signature for use to compare with disputed signature - It is hyper technical to say that it is unnecessary to call for documents with signatures of petitioner for the purpose of comparison or seek opinion of an expert - Court does..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Defendant disputing his signatures in Hindi contending that he always signs in English - On summons he signed in Hindi - Whole basis of disputing signatures stands washed away - Application rightly dismissed...........
