Evidence Act, 1872, Section 73 -- Specimen signature or writing of accused - For use by handwriting expert - Not per se illegal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - There is no dispute with respect to signature contained in cheque in question - Cheque was dishonoured for insufficient fund in the account - Contention of accused that cheque was one among several cheques taken by complainant, when there was cordial relationship between..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - Mere signatures on back side of cheque does not amount to endorsement - Passing of consideration not duly proved by holder in due course by summoning the drawee of cheque whose signature is found on the back side - Held, complainant failed to prove that he is holder in due course..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - In response to reply to notice issued by respondent No.2, petitioner never agitated the question that cheque in question did not bear signature of petitioner - This fact was agitated for first time during pendency of appeal - Moreover, petitioner admitted the fact of earlier..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of morphine - Search and seizure - Not mandatory for the prosecution agency to take public witness for search and seizure - Independent witness even though turned hostile, admitted signature on seizure memos - Held, sufficient to warrant an inference that witnesses were present at the spot of..........
Will -- Execution - Proof - Required aspects to be proved are : (1) That the Testator has signed or affixed his mark to the Will or the Will has been signed by some other person in the presence and under the direction of the Testator; (2) The signature or mark of the Testator or the signature of the persons signing for him is so placed has to appear that the same was..........
Will -- Execution - Proof - Placement of signatures of testator on the document - Signature of the testator appearing at the right hand bottom part of the Will - Placement of signature clearly suggest that document was intended to be given effect as a Will...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal - As per bank witnesses cheque was dishonoured on account of two grounds viz. insufficiency of funds and difference in signatures - Trial Court assumed that ground of insufficiency of funds was added later on in said bank memo - Held, since bank witness in cross-examination affirmed..........
Evidence Act, 1872, Section 45, Order 26, Rule 10-A -- Expert evidence - Recovery suit based on promissory note - Defendant branded promissory note as forged and fabricated document and specifically denied signature or thumb impression there on - Held, defendant should get opportunity to send document to hand writing expert for compassion of disputed signatures or thump..........
Evidence Act, 1872, Section 73 -- Comparison of signatures - In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved,..........
