Evidence Act, 1872, Section 73, Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - Court not referring to any of the characteristics found in the disputed signature with that of the admitted signatures - Court cannot hold that disputed signatures tally with the post litem motem admitted signatures on mere subjective satisfaction...........
Evidence Act, 1872, Section 73 -- Will - Signatures - Expert opinion - Comparison of disputed signatures with admitted signatures - Different reports of both the experts - Opinion of one expert that signatures do not tally whereas opinion of another that signatures tally - Trial Court compared the two signatures and came to opinion that signatures do not tally - High Court..........
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,..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Expert opinion - Dishonour of cheque - Comparison of disputed document with admitted document - Duty of Court - Held, Court should be slow to compare disputed document with admitted document for comparison although S.73 empowers Court to compare disputed writings with specimen/admitted..........
Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - Court is empowered to compare the disputed signatures with that of admitted one...........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Handwriting expert - Court is entitled to compare the disputed signatures with the admitted signatures and to form an independent opinion - When Court itself has such power, there is no necessity to requisition services of handwriting expert for taking decision on such question...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Cheque alleged to be forged and fabrication - Comparison of signatures by an expert - Opportunity granted to examine an expert at own cost...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Comparison of handwriting by expert as body of cheque filled in by another person - Accused is entitled to have cheque examined by an expert...........
Evidence Act, 1872, Section 73 -- Comparison of signatures with signatures on photostat copies - Signatures cannot be compared from the photocopy because in these days of advance technology, signatures of a person can be lifted from one document and put on another document by super imposition...........
Evidence Act, 1872, Section 45, 73 -- Signatures - Comparison - Opinion of handwriting expert - When a party seeks to send disputed document to Handwriting Expert for comparison, it is essential to allow such application in the interests of justice as it will not cause any prejudice to either party and it also helps the Court to make comparison itself...........
