Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of writing on body of cheque - Once defence has been set up by accused that cheque was misused at the instance of complainant, same having been filled up with different hand, it was essential to get the same compared with signature of..........
Insurance Act, 1938, Section 45, Evidence Act, 1872, Section 102 -- Insurance claim - False information - Onus to prove - Onus was on the insurer to show that insured had fraudulently given false information and that said information was related to a material fact...........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45, Hindu Marriage Act, 1955, Section 9, 13(1)(ia) -- Matrimonial dispute - Medical test of both husband and wife - Wife sought divorce on the ground that marriage between parties not consummated because of impotency of husband - Husband filed application for subjecting himself to undergo potentiality..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2003, Section 45, 3, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Bail - Offence u/s 3 of PMLA and Ss. 13(1)(e), 13(2) of P.C. Act - Accused failed to satisfy that there are reasonable grounds for believing that they are not guilty of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Earlier application for expert opinion was dismissed, as accused failed to cross-examine complainant - Now cross-examination is conducted, which is change in circumstances - However, trial Court while rejecting the present petition not considered the said..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Comparison of signatures with certified copy of registered sale deed - Certified copy is not the required document as per the requirement of FSL authorities - No plea that original sale deed is lost - No interference warranted in the impugned order...........
Evidence Act, 1872, Section 45 -- Expert opinion - Second application - Maintainability - First application for comparison of signatures of defendant no.2 was dismissed by trial Court - Allowing the second application would tantamount to reviewing the order dismissing earlier application - Subsequent application not maintainable...........
Evidence Act, 1872, Section 45 -- Expert opinion - It is necessary to look for other evidence including the opinion of expert u/s 45 of Evidence Act, before arriving at a conclusion on the issue involved...........
