Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of handwriting expert by an accused in evidence of rebuttal - When a contention is raised that complainant has misused the cheque by filling up the body of the same, even in a case where presumption can be raised u/ss 118(a) or 139 of the Act, an opportunity..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures - Trial Court dismissed the application for expert opinion on the ground that power u/s 73 of the Act can be exercised by Court for comparison of signatures - However, Court is also required to ask person to remain present in Court to put signatures/handwriting for purpose of comparing with words or..........
Will -- Execution - Both the attesting witnesses died - Execution of Will is to be proved in accordance with S.69 Evidence Act by at least proving that the attestation of one attesting witness at least is in his handwriting and signature of the person executing the Will is in the handwriting of that person...........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Application for expert opinion filed after decretal of suit - Petitioner did not assign any valid or good reason for filing such an application so belatedly before trial Court - Application rightly dismissed...........
Evidence Act, 1872, Section 69 -- Proof of document when no attesting witness is found - Both the requirements for applicability of the provision of S.69 of the Act, are mandatory, viz. Firstly identification of the signatures of one of the attesting witness, secondly the signatures of the person executing the document is in his handwriting...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Comparison of disputed handwritings/signatures with admitted handwriting/signatures, separated by a time lag of 2 to 3 years would be desirable so as to facilitate expert comparison in accordance with satisfactory standards...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Application cannot be dismissed for the reason that no steps were taken before commencement of trial - 2016(2) ALT 248 followed wherein held that "No time limit could be fixed for filing application u/s 45 of the Act for sending the disputed signature or writing to the handwriting expert for comparison...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of disputed signatures with signatures on Vakalat and written statement - AIR 2016 A.P. 118 followed wherein held that "Defendants signatures on Vakalat and written statement cannot be considered as signatures of comparable and assured standard...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signatures of defendant on pronote established by handwriting expert - Defendant did not state facts pleaded in written statement on oath in trial Court and avoided witness box so he may not be cross-examined - This by itself is enough to reject claim of defendant that his signature was forged on pronote - Suit..........
Evidence Act, 1872, Section 45 -- Expert opinion - To obtain an opinion of handwriting expert upon any disputed document, original copy of same is very much necessary...........
