Evidence Act, 1872, Section 45 -- Expert opinion - Of private expert - FSL view, to whom the document was sent for opinion, opined that necessary comparison would not be possible unless further documents containing signatures of deceased are placed before FSL - Sending documents again to a private expert would not serve any purpose - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant specifically admitted receiving of part payment of Rs.4,00,000 from accused but categorically stated that cheque issued by accused for balance amount was dishonoured - Accused failed to prove the defence taken by him - Though accused set up a case that he had not issued any cheque but no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant specifically admitted receiving of part payment of Rs.4,00,000 from accused but categorically stated that cheque issued by accused for balance amount was dishonoured - Accused failed to prove the defence taken by him - Though accused set up a case that he had not issued any cheque but no..........
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...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Evidence Act, 1872, Section 45 -- Comparison of signatures - Directing defendant to give his specimen signatures - A person cannot be compelled to be a witness against himself - However, it is open for Court to ask defendant whether or not he is willing to give his specimen signatures on its own - It is only if he refuses then Court can draw adverse inference - Impugned..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Signatures on vakalat, written statement and another unstamped pronote cannot be termed as admitted signatures - Document cannot be sent to expert for comparison of signatures in the absence of filing of a authentic document containing admitted signatures...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Suit for recovery on basis of promissory note - Defendant denied his signatures on promissory note and took a plea that he had no acquaintance with plaintiff - Filing of application for expert opinion at belated stage is not a ground to dismiss the petition - Application allowed...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on disputed document with signatures on photocopy - No steps taken by plaintiff to secure original document either from defendant or person who is having custody of original - It is not the case of plaintiff that original document is not available - In such circumstances, sending photocopy to..........
