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..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Signature on cheque not disputed - It attracts presumption - However, said presumption is rebuttable on preponderance of probabilities...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - Two independent witnesses who were associated in recovery proceedings were not examined in evidence and no explanation was given by prosecution as to why they were not examined - Prosecution neither examined any witness nor produced any document to satisfy..........
Specific Relief Act, 1963, Section 34 -- Title suit - Plaintiff claiming on the basis of sale deed whereas defendant claiming on basis of Will - Will duly proved to be genuine - Owner of property under Will was neither a party to sale deed nor his mother affixed her signature therein in the capacity of being his guardian - Title did not pass under the sale deed - Sale deed..........
Will -- Attestation - Even if the attesting witness has not seen the testator signing the Will but if he received personal acknowledgement from the testator about his signature on the Will, then it will be sufficient for attesting witness to sign the Will in the presence of testator...........
Evidence Act, 1872, Section 114 -- Adverse inference - Defendant contested the case but failed to enter the witness box or examine any witness and failed to send the document to hand writing expert to say that signature on document is not that of the defendant - An adverse inference has to be drawn against the defendant and the case put by him in the written statement to..........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Representation of the Peoples Act, 1951, Section 81(3) -- Election petition - Non-compliance with S.81(3) of the Act - Appellant stated that copies of documents served on respondents in the election petition were not true copies and not attested as such - However, specific allegation was never made by appellant that copy of petition supplied to him was not attested by..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Accused signed the cheque - Opinion of handwriting expert with regard to the age of ink used in making the signature on the cheque and the age of the signature and contents of cheque - Application filed by accused wholly frivolous and trial Court had rightly rejected the..........
