Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Comparison of writing on cheque - Assertion of complainant that entire writing of cheque is by petitioner whereas petitioner has denied this and has alleged that he lost three blank cheque containing his signatures including the cheque in question - Comparison of..........
Evidence Act, 1872, Section 45, 73 -- Disputed handwriting - Comparison by Court - Court can record an opinion or finding on such comparison, only after an analysis of the characteristics of the admitted finger impression and after verifying whether the same characteristics are found in the disputed finger impression - Comparison of two thumb impression cannot be casual or..........
Evidence Act, 1872, Section 45, 73 -- Disputed handwriting - Comparison by Court - Finding that there is no marked differences between the admitted thumb impression and disputed thumb impression, without anything more cannot be accepted as a valid finding...........
Evidence Act, 1872, Section 45, 73 -- Disputed handwriting - Comparison by Court - Where the disputed thumb impression is smudgy, vague or very light, Court should hesitate to venture a decision based on its own comparison of the disputed and admitted finger impressions...........
Evidence Act, 1872, Section 73 -- Signatures - Comparison - Court cannot assume the role of an expert in comparing the disputed handwriting with that of the admitted ones - However, Court in certain circumstances could exercise its power with caution - In such an event, it is the bounden duty of the Court to specify clearly as to what are all the salient features based on..........
Evidence Act, 1872, Section 45, 73 -- Comparison of signatures - Handwriting expert - Whenever the signature on the document is disputed, the party who is disputing the signature may make an application u/s 45 of Evidence Act to send the document to the expert for comparison - Normally, the application is allowed as the opinion of expert helps the Court to come to a right..........
Evidence Act, 1872, Section 45, 73, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signature appearing on xerox copy cannot be basis for obtaining expert opinion - Order granting permission to send xerox copies of documents to handwriting expert held, not proper...........
Evidence Act, 1872, Section 73 -- Specimen thumb impression - Taking for the second time - Earlier thumb impression taken and Handwriting expert submitted report that disputed thumb mark is mostly smudged and only its right portion is comparable and specimen thumb mark does not serve the purpose of comparison - Fresh specimen thumb impression - Allowed...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 73 -- Rape - Lover letters - Writing - Court itself comparing and holding that it is not in the handwriting of prosecutrix - Request of accused for comparison of handwriting by an expert - Declined - Amounts to miscarriage of justice - Accused acquitted...........
Evidence Act, 1872, Section 73 -- Writing - Comparison - Court in a pending proceeding can direct any person present in Court to give specimen writing for the purpose of enabling the Court to compare such writings with writings alleged to have been written by such person...........
